Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.[4]
In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law.[5][6]
The Constitution of Alabama provides that every citizen has a right to bear arms in defense of himself and the State. The State preempts local regulation of handguns. The handgun preemption statute reads "[t]he entire subject matter of handguns is reserved to the State Legislature." With regards to firearms other than handguns, localities may regulate the discharge of firearms and levy taxes.[7][8] On April 21, 2010, Gov. Bob Riley signed House Bill 2 into law as Act 2010-496 amending Ala. §13A-11-63, to allow civilian ownership of short-barrel rifles and short-barrel shotguns, as allowed by federal law.[10] The only firearms known to be prohibited are those disguised as walking canes.
Licensed dealers are required to process background checks through the FBI prior to completing a sale. Licensed dealers must keep a record of every handgun sold, including the purchaser's signature and particular information about the firearm being sold. Private sales of handguns and long guns are legal and no background check is required; however, it is unlawful to sell a firearm to a prohibited person.[7][8]
Firearms are prohibited from certain places, including demonstrations. Firearms are prohibited on the premises of public schools only by persons with intent to do bodily harm. State administrative agencies have regulations restricting or prohibiting firearms in state parks, state forests, recreation areas, offices of the Department of Human Resources, domestic violence shelters, youth detention facilities, wildlife management areas, refuges, and sanctuaries, and licensed family and group day care and other child care facilities. Open carry on foot is generally allowed without a license, withstanding other applicable laws. Carrying a handgun in a vehicle, whether open or concealed, requires a license. Carrying a handgun on premises that are not owned or under the control of the possessor is prohibited unless the person has a valid concealed handgun license.[7][8] However, Looney v. State holds that a person on foot needs no license or permit to openly carry a handgun, a license is required in a vehicle, and a license is required to carry a concealed handgun.[11]
Alabama may issue a license, either qualified or unlimited, to applicants who are residents of the county in which they apply, who do not have any disqualifying criminal convictions, who are suitable persons, and who have good reason to fear injury to their person or property or have any other proper reason for carrying a handgun. In practice, virtually all Alabama county sheriffs, as of 2010, issue licenses to all "suitable persons."[12] The law requires applicants to be residents, so they do not issue licenses to non-residents. The license is valid to carry a handgun in a vehicle or concealed on or about one's person within the State. Licenses are valid for up to one year at a time.[7][8] Alabama honors licenses issued by any state that also honors Alabama's licenses, provided that the license holder is not a resident of Alabama.[13]
"A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the Secretary of State and shall be personally signed by the purchaser and by the person effecting the sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, color and place of birth of purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence."
"All persons dealing in pistols, revolvers and maxim silencers shall be required to keep a permanent record of the sale of every pistol, revolver or maxim silencer, showing the date of sale, serial number or other identification marks, manufacturer's name, caliber and type, and also the name and address of the purchaser, which record shall always be open for inspection by any peace officer of the State of Alabama or any municipality thereof."
"Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two years."
The possession of a firearm on one's person or in any vehicle while participating in or attending a demonstration being held at a public place; or within 1,000 feet of a demonstration at a public place after being instructed to leave by a law enforcement officer.
Carrying a pistol on or about one's person on premises not one's own or under their control, except licensed persons or those who hold certain positions. The effect of this law, in conjunction with 13A-11-73, is to prohibit the unlicensed carry of a handgun either concealed on one's person or in a vehicle.[11]
Retail dealers must keep a register of handgun purchases, including the purchaser's name, signature, and particular information about the handgun sold.
Persons dealing in firearms are required to keep a permanent record of the sale of every pistol, revolver, and silencer; showing the date of sale, serial number, manufacturer, caliber, and type, as well as the name and address of the purchaser.
The register shall always be open for inspection by law enforcement of Alabama or any municipality therein.
"The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."
Applicants must be residents of the county in which they apply. Non-residents are not issued licenses.[14]
§ 13A-11-75 states that "The fee for issuing such license shall be one dollar ($1)" although Handgunlaw.us states that the license fees vary from $5 to $15 depending on the Sheriff.[14]
"No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided."
The provisions of Section 13A-11-73 shall not apply to:
Marshals, sheriffs, prison and jail wardens and their regularly employed deputies, policemen and other law enforcement officers of any state or political subdivision thereof.
Members of the army, navy or marine corps of the United States or of the National Guard, or the members of the National Guard Organized Reserves or State Guard organizations when on duty or going to or from duty.
The regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States of from Alabama; provided that such members are at or are going to or from their places of assembly or target practices
Officers or employees of the United States duly authorized to carry a pistol.
Any person engaged in the manufacturing, repairing or dealing in pistols, or their agent or representatives
Any common carrier, except taxicabs
Any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper from the place of purchase to his home or place of business, or to or from a place of repair or in moving from one place of abode or business to another.
No person shall carry a pistol about his person on premises not his own or under his control, except licensed persons, or law enforcement officers and those who hold other particular positions. The effect of this law, in conjunction with 13A-11-73, is to prohibit the unlicensed carry of a handgun either concealed on one's person or in a vehicle.[11]
Alabama honors licenses issued by any state that also honors Alabama's licenses, provided that the license holder is not a resident of Alabama.[13]
Alaska
Main article: Gun laws in Alaska
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase?
No
No
None
No
Firearm registration?
No
No
None
No
"Assault weapon" law?
No
No
None
No
Owner license required?
No
No
None
No
Carry permits issued?
No
Yes
AS 18.65.700 through 18.65.778
May carry concealed without permit, though permits can be issued for those who wish to have them.
State Preemption of local restrictions?
Yes
Yes
AS 29.35.145
Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, State law.
NFA weapons restricted?
No
No
None
No
Peaceable Journey laws?
No
No
None
Federal rules observed.
Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry"), in which no license is required to carry a handgun either openly or concealed. However, permits are still issued to residents for purposes such as reciprocity with other states[15] and exemption from the Federal Gun Free School Zone Act.[16] The term "Alaska Carry" has been used to describe laws which require no license to carry handguns openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.[17]
Alaska restricts people from carrying guns in any place regulated by the liquor control board (bars and liquor stores, and restaurants that serve alcohol only with carry permit), schools, domestic violence shelters, courts, and correctional institutions. A person carrying a concealed gun in Alaska, when contacted by a police officer is required by law to inform the officer they are carrying and cooperate if the officer chooses to temporarily seize the gun for the length of the encounter. The possession of any firearm while intoxicated is illegal.
Concealed carry over the age of 21 in most places no longer requires a permit as of July 29, 2010. Although not required, a concealed carry permit may still be obtained and has certain advantages.
It is a violation of state law to possess some NFA weapons except as permitted by federal law.
Peaceable Journey laws?
No
No
None
Federal rules observed.
Arkansas
Main article: Gun laws in Arkansas
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase?
No
No
None
No
Firearm registration?
No
No
None
No
"Assault weapon" law?
No
No
None
No
Owner license required?
No
No
None
No
Carry permits issued?
No
Yes
5-73-301 - 5-73-320
Concealed carry requires a permit. Open carry is not permitted.
State Preemption of local restrictions?
Yes
Yes
5-73-120
NFA weapons restricted?
N/A
N/A
5-73-120
Peaceable Journey laws?
?
Yes
5-73-120 (c)(4)
A person has a defense to the crime of carrying a weapon when they are on a journey, unless the journey is through a commercial airport at the security checkpoint or is in checked baggage and is not a lawfully declared weapon
In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.
Arkansas is a "shall issue" state for the concealed carry of firearms.[18] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.
Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local government units and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.
Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.
All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency.
All handgun serial numbers and sales are recorded by the state (registered) in the Department of Justice’s Automated Firearms System. Longarm serial numbers are not recorded, only the sale. While there is no requirement for California residents to register previously owned handguns or firearms with law enforcement, §12025 and §12031 enhance several misdomenor offenses to felonies if the handgun is not on file in the Department of Justice’s Automated Firearms System. California §12025 states that handguns must be transported unloaded and in a locked box other than the glove compartment or utility box in a motor vehicle. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders.
Owner license required?
No
No
None
Carry permits issued?
N/A
Yes
§12050
May issue, depending on jurisdiction. County sheriff's discretion, many counties are de facto "no-issue". Out-of-state permits not valid in California.
State Preemption of local restrictions?
Yes
Yes
§53701 GC
Most but not all local restrictions preempted.[19][20]
NFA weapons restricted?
Yes
Yes
§12220, §12020
Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns."
Peaceable Journey laws?
No
No
None
Many believe California's gun laws to be unconstitutional[who?]. California[21][22] is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief in their place of residence.[23][24] In practice, the attitudes of different sheriffs and police chiefs toward the issuance of permits vary widely and, consequentially, different jurisdictions in California can vary anywhere from de facto shall-issue to de facto no-issue.[25] A permit may be issued, by a county Sheriff or city Chief or head of municipal police, in one of two formats:[26]
A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person.
California does not recognize any concealed carry permits issued by other states or their political subdivisions, and state law generally forbids nonresidents from obtaining a California CCW permit.[27]
Open carry of loaded firearms in public is generally prohibited except in unincorporated areas where the county has not made open carry illegal or where the discharge of firearms is not prohibited. Carrying of an unloaded, unconcealed firearm in plain sight is not prohibited except in areas otherwise prohibiting the carry of firearms under state or federal law, such as school zones, post offices, government buildings, state and national parks, "sterile" areas controlled by security screenings, etc.[28][29]
The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer sends the application to the California Department of Justice (DOJ), which performs a background check on the buyer. The approved application is valid for 30 days. There is a 10 day waiting period for the delivery of any firearm.
Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method. The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns. Federally defined curio or relic long guns over 50 years old may be sold without going through a licensed dealer.[30]
Handgun purchases, except for private party transfers, are limited to one per 30 day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate.[31] This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun. Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.[32]
Dealers may not sell any handgun unless it is listed in the state Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.[33]
It is illegal to sell a firearm that the state has defined as an "assault weapon", and which has been listed in the DOJ roster of prohibited firearms, which includes many military look-alike semi-automatic rifles and .50 caliber BMG rifles.[34] DOJ rostered firearms may be legally possessed if already registered with the state prior to January 2005. Military look-alike firearms that are not listed on the DOJ roster of prohibited firearms, known as "off list lowers", are legal to own and possess, as long as state laws concerning configuration are followed. It is illegal to import, sell, give, trade, or lend a magazine that holds more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles and .22 caliber rifles; however, the possession of such magazines is legal. It is illegal to possess an automatic firearm or a short-barreled shotgun or rifle without permission from the Department of Justice; such permission is generally not granted.[35]
On October 13, 2007, California enacted AB 1471. This controversial[36] law requires that, effective January 1, 2010, semi-automatic handguns be equipped with microstamping technology and be listed in the roster of handguns certified for sale. When such a pistol is fired, the microstamping mechanism will imprint each cartridge case with a microscopic array of characters that will uniquely identify the gun that fired it.[37][38] However, the text of this law has language which states that it will not be enforced if there is only one manufacturer which has the ability to equip this technology. As of this writing, only one such manufacturer exists, and there are no others on the horizon.
On October 11, 2009, California enacted AB 962, adding new requirements for the sale of common handgun ammunition. Effective February 2011, handgun ammunition sales must take place in person, and dealers must keep records of ammunition sales for at least five years. Buyers of ammunition must also provide a thumbprint and state identification. Note that by the text of the bill that holders of an FFL03 (C&R) firearms license and COE are exempt.[39]
On August 19, 2010, the NRA-CRPA Foundation Legal Action Project filed a lawsuit challenging AB 962. The lead plaintiff in the lawsuit was Tehama County Sheriff Clay Parker. The lawsuit alleged that the mandates in AB 962 were incomprehensible, and that the definition of "handgun ammunition" was unconstitutionally vague. http://wiki.calgunsfoundation.org/index.php/Parker_v._California
On January 18, 2011, Fresno Superior Court Judge Jeffrey Hamilton ruled, in Parker v. California, that the definition of "handgun ammunition" was indeed unconstitutionally vague. The Court enjoined enforcement of the bill, allowing mail order ammunition sales to California to continue, and eliminating the requirement that vendors maintain records for every ammunition transfer. http://www.nraila.org/legislation/read.aspx?id=6128
Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforcement.
Concealed within a vehicle?
Unloaded Only**
Yes
CRS 18-12, 33-6-125
**Loaded without a round chambered only (applies to rifles/shotguns, not pistols).
State Preemption of local restrictions?
Yes*
Yes*
CRS 18-12
*Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law
Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
Castle Doctrine?
Yes
Yes
A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not.
"Make My Day" Law?
Yes
Yes
A person may defend himself or others with deadly force if necessary.
Connecticut
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
State Permit to Purchase?
No
Yes
CGS 29-36(f),
CGS 29-36(g)
Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of long guns, with exceptions for peace officers, Active-Duty military members, and holders of carry permits and hunting licenses.[40][41]
Firearm registration?
No*
No*
CGS 53-202
Registration required for assault weapons purchased before October 1, 1993. There is a de facto registry of handguns maintained by the Department of Public Safety as any handgun transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DPS and a form containing personal and weapon identification (DPS-3-C) must be submitted to DPS and local police. This form is collected and maintained on all long guns purchased from FFL dealers as well, however is not required for the transfer of long guns between private parties.
"Assault weapon" law?
Yes
Yes
CGS 53-202
Partial ban (selective fire weapons, some .50 BMG variants, an enumerated list of specific restricted features and certain brands of semi-automatic assault weapons and weapon "types".)
May-Issue by statute, but Shall-Issue in practice. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members.[43] Out of state permits not valid in Connecticut, but nonresidents may apply for a Connecticut Nonresident CCW permit through the mail.
State Preemption of local restrictions?
Yes
Yes
CGS 29-28
NFA weapons restricted?
Partial
Partial
CGS 53-202(c)
Selective fire assault weapons prohibited, unless purchased before October 1, 1993.
Peaceable Journey laws?
No
No
CGS 29-38
Federal rules observed.
Connecticut is a Shall Issue state both in practice and by its Constitution (“Every citizen has a right to bear arms in defense of himself and the state.” Article 1, Section 15), although state and local authorities have some of the broadest powers in the nation to deny, delay issuance of, or revoke a permit. However, because state statutes contain a "suitability clause" and a provision for applicants to "show good cause" for the issuance of CCW permits, Connecticut is by law a May-Issue state.
Connecticut has a two-tiered permitting system: a 60-day Temporary permit issued by the local police chief, and a Regular 5-year permit issued by the Department of Public Safety Special Firearms Licensing Unit (SFLU). The Temporary permit, issued by local authorities on a May-Issue basis, is a vestige of the pre-1965 CCW permitting system, when Connecticut CCW permits were issued entirely by local authorities on a May-Issue basis. The rewriting of the Connecticut State Constitution in 1965 intended to consolidate authority to issue CCW permits with the Connecticut Department of Public Safety and require permits to be issued on a Shall-Issue basis, but the transition to the uniform statewide permitting system was never fully completed, resulting in the two-tiered permitting system in Connecticut today.
Those desiring a CCW permit in Connecticut must first apply for a temporary permit (valid for 60 days from the date of issuance) from the local police department, or in some locations the town clerk's office, which conducts the background checks and fingerprinting. Temporary permits are issued on a May-Issue basis, and each town is different in its willingness to approve permits, and some towns create their own requirements that go well beyond the State requirements. Larger cities, such as Bridgeport, Hartford, and New Haven have established No-Issue policies for temporary CCW permits, except for individuals with celebrity status, political connections, or a high degree of wealth. Other towns towns will automatically issue a permit (as long as the individual does not meet any statutory criteria that would disqualify him or her from holding such a permit); one does not have to travel to remote portions of the state to find towns with permissive CCW policies. For example, the city of Shelton, located 12 miles from Bridgeport and 17 miles from New Haven is Shall-Issue in its temporary CCW issuing practice. The town has 8 weeks to approve the temporary permit. If the temporary permit is granted, the applicant must apply to the Department of Public Safety Special Licensing and Firearms Unit (SLFU) for a regular CCW permit (valid for 5 years), who will generally grant the permit unless there is a specific reason specified by law the individual should be denied. These include:
• Criminal possession of a narcotic substance;
• Criminally negligent homicide;
• Assault in the third degree;
• Reckless endangerment in the first degree;
• Unlawful restraint in the second degree;
• Riot in the first degree;
• Stalking in the second degree;
• Has not been convicted as a delinquent for the commission of a serious juvenile offense;
• Has not been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect;
• Is not subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person;
• Is not subject to a firearms seizure order issued for posing a risk of personal injury to self or others after a hearing; or
• Is not prohibited from possessing a firearm for having been adjudicated as a mentally incompetent under federal law.
However, an applicant who is denied a temporary CCW permit from local authorities may appeal the denial to the state Board of Firearms Permit Examiners (BFPE), which will generally issue a Regular 5-year CCW permit, provided the applicant does not meet the statutory criteria prohibiting him or her from holding such permit. Applicants may appeal an unfavorable ruling by the Board of firearms Permit Examiners through the state courts.
Connecticut Residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry.[44] Although open carry is not restricted by state law, the Connecticut Board of Firearms Permit Examiners suggests that, “every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it.”[45] Residents with permits who carry openly may be cited by police for breach of peace, although state prosecutors usually dismiss such charges after the defendant appears in court and pays applicable court fees.[citation needed]
Connecticut does not honor CCW permits from any other state, but residents of other states who hold a concealed weapons permit may apply for a non-resident Connecticut permit through the mail.
Connecticut has bans on defined 'assault weapons,' which includes selective-fire firearms (unless purchased before October 1, 1993), and a limited list of semiautomatic AR, AK, and SKS variants. However, it does not restrict magazine capacity.
Connecticut allows all NFA firearms except for selective fire machine guns. Selective fire machine guns existing in Connecticut before they were banned are grandfathered. Selective fire means that a machine gun can fire semi or fully automatic. A machine gun that can only fire fully automatic is legal in Connecticut.
Connecticut also has a provision in the statute that if a carry permit holder loses a firearm and does not report it, they may lose the permit.[46]
Delaware
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
State Permit to Purchase?
No
No
Firearm registration?
No
No
"Assault weapon" law?
No
Owner license required?
No
No
Carry permits issued?
No
Yes
11 Del.C. § 1441(j)
State Preemption of local restrictions?
Yes*
Yes*
Complete Preemption except any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted
The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. The Supreme Court ruled that the Second Amendment acknowledges and guarantees the right of the individual to possess and carry firearms, and therefore D.C.'s ban on handguns was unconstitutional.[47]
A lawsuit was filed on August 6, 2009, to compel the district to issue permits to carry weapons.[48]
Open Carry is generally banned with exceptions for Hunting, Fishing, Camping, Target Shooting, and at your own home.
Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents.Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.[50] (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.
Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.[51]
Open carry when on foot in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities.[52] When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is also permitted.
State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)
Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas.
As of October 1, 2005, Florida became a "Stand-your-ground" state. The Florida law is a self-defense, self-protection law.
On July 1, 2008, A new statewide Florida law went into effect prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their vehicle in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, property where a nuclear-powered electricity generation facility is located, property upon which substantial activities involving national defense, aerospace, or homeland security are conducted, property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials, a motor vehicle owned/leased/rented by your employer, and any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida.
Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.
Currently, Florida's Concealed Weapon License is one of the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-five different states, while the non-resident Florida Concealed Weapon License is recognized in thirty-one states.[53]
Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
A Georgia Weapons License (GWL), or a recognized out-of-state permit, is required for open carry of any handgun outside of one's home, property, motor vehicle, or place of business.
NOTE: On June 8, 2010, Senate Bill 308 was signed by Governor Sonny Perdue reforming and clarifying many of Georgia's Gun Laws.[54]
Georgia is a "shall issue" state, and issues firearms permits to residents through a county probate court. Georgia recognizes permits from any other state which recognizes Georgia's permit.
Any person who may legally own a firearm may carry a firearm in their home, place of business, and vehicle without a permit. Georgia does not differentiate between concealed and open carry except that long guns must be carried openly if they are loaded and you do not have a permit.
State preemption laws prohibit localities from regulating the ownership, transportation, and possession of firearms. Georgia also has a law preventing localities from enacting ordinances or lawsuits to classify gun ranges as nuisances.
Firearm regulations are uniform throughout the state, and a firearms permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:
In a government building
In a courthouse
In a place of worship
In a state mental health facility
In a bar, unless the owner of the bar permits the carrying of weapons by license holders
On the premises of a nuclear power facility
Within 150 feet (46 m) of any polling place
In any school building or on school grounds
As exceptions to the above list, a person may keep their firearm in a locked compartment of their vehicle at any of the above places except nuclear power facilities. Also, a person may approach security or management of any of the above places (except schools and nuclear power facilities) and ask them for directions on removing, securing, storing, or temporarily surrendering the weapon.[54]
As of July 1, 2006, Georgia became a "Castle Doctrine" state, and requires no duty to retreat before using deadly force in self defense, or defense of others.[55]
Georgia law allows private firearm sales between residents without requiring any processing through an FFL.
A Kennesaw, GA city ordinance requires that all homeowners own a firearm and ammunition (Sec 34-1a). No one has ever been charged with violating this ordinance. An amendment exempts those who conscientiously object to owning a firearm, convicted felons, those who cannot afford a firearm, and those with a mental or physical disability that would prevent them from owning a firearm.
Hawaii
Hawaii[56][57][58] is a "may issue" state for concealed carry. "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," a license to carry a pistol or revolver may be granted or denied at the discretion of the county police chief.[59] In practice however few if any concealed carry licenses are granted.[60] Hawaii does not recognize concealed carry permits issued by other states.[61][62]
Acquiring a firearm in Hawaii requires a permit to acquire, issued to qualified applicants by the county police chief. There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired, while a "long gun" permit can be used for any number of rifles or shotguns for a period of one year. In addition to passing a criminal background check, applicants must provide an affidavit of mental health, and agree to release their medical records. First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a handgun safety training course affidavit or hunter's education card is also required.[63]
Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms brought in from out of state, including those owned prior to moving to Hawaii, must be registered within 3 days of arrival. Registration of firearms brought in from out of state does not involve a waiting period, however a FBI fingerprint and background check will be conducted. Registration is not required for black powder firearms or firearms manufactured before 1899.[64]
Carrying a loaded firearm, concealed or not concealed, including in a vehicle, is a class A felony. Unloaded firearms that are secured in a gun case and are accompanied by a corresponding permit are allowed to be transported in a vehicle between the permitted owner's residence or business and: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station.[65]
Automatic firearms, shotguns with barrels less than 18 inches long, and rifles with barrels less than 16 inches long are prohibited by state law. Also banned are handgun magazines that can hold more than 10 rounds of ammunition, and semi-automatic handguns with certain combinations of features that the state has defined as "assault pistols".[56]
Idaho
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
State Permit to Purchase?
No
No
Firearm registration?
No
No
"Assault weapon" law?
No
No
Owner license required?
No
No
Carry permits issued?
No
Yes
Permit needed to carry concealed, may carry openly in a vehicle or on foot .
State Preemption of local restrictions?
Yes
Yes
NFA weapons restricted?
No
No
Permitted as long such possession is in compliance with all federal regulations
Peaceable Journey laws?
No
No
Federal rules observed.
Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants may be required to demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.[66][67][68][69]
Open carry is legal in Idaho. A concealed weapons permit is not required for open carry, nor for long guns (concealed or not). The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.[67]
Idaho has state preemption of firearms laws, so local units of government cannot regulate the ownership, possession, or transportation of firearms. The state constitution states that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony."[70][71]
The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[70]
Fully automatic firearms and short-barreled rifles and shotguns prohibited. AOW (Any Other Weapon) allowed with proper approval and tax stamp from BATF.
Peaceable journey laws?
No
No
To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police.[72] Generally a FOID card will be granted unless the applicant has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal alien.[73] There are additional requirements for applicants under the age of 21.[74]
There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[75] Until June 2010 Chicago did not allow the registration of handguns, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982. (see below)[76][77] The Chicago suburb of Oak Park had also banned handguns (see below)[78] and the town of Highland Park bars handgun possession unless the resident has obtained a permit from the police.[79] The status of these various handgun ordinances has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[80][81] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[82]Morton Grove,[83]Evanston,[84] and Winnetka,[85] but Chicago and Oak Park have fought in court to keep their current laws.[86][87][88][89] On June 28, 2010 after reviewing Chicago's handgun ban in the case of McDonald v. Chicago,[90] the Supreme Court has deemed that both the handgun bans of Chicago and Oak Park to be unconstitutional. On July 12, 2010 a new Chicago city ordinance took effect that allows limited handgun possession after obtaining a permit from the police and passing a firearms training course and requiring handgun registration. This new ordinance is currently being challenged in court[91] On July 19, 2010 Oak Park amended its town ordinance to allow handgun possession in one's home and business therefore leaving no remaining town in Illinois to completely ban handguns .[92]
Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition.[93] Other municipalities have also enacted various firearm restrictions.[94] Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.
Illinois is the only state that has no provision for the concealed carry of firearms by citizens.[95] (In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.)[96]Open carry is also illegal, except when in unincorporated areas where carrying is not prohibited by county law, a fixed place of business with owner's permission, or in one's abode. When a firearm is being transported, it must be unloaded and enclosed in a case.[97] The Illinois laws regarding concealed carry are being challenged in federal court. The Second Amendment Foundation filed suit in federal court in Illinois on May 13, 2011, challenging the state's prohibition on the carrying of firearms in public.[98]
When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession; the waiting period for a long gun is 24 hours.[97]
In 2011 in the case of People v Holmes, the Illinois Supreme Court ruled that a valid Indiana handgun carry permit was a legal substitute for an Illinois FOID for an Indiana traveler transporting a handgun in Illinois.[99]
Indiana
Indiana[100] has enacted state preemption of firearm laws.
Local laws regulating the possession and ownership of ammuntion, firearms and shooting accessories are prohibited per IC 35-47-11.1-2, subject to the exemptions listed in IC 35-47-11.1-4. (New provisions effective 2011 Jul 01.)
Governing units may restrict firearms possession on public property. -Edit to previous statement - I am away from home and can't substantiate this right now, but this provision has been overturned. Aside from normal state restrictions (such as schools, etc), local jurisdictions CANNOT contradict state law or further restrict where you can and cannot carry, such as public property (including parks). The only exception is the statehouse grounds in Indiannapolis. This was a recent decision, I believe July of 2011.
Additionally, private businesses may also restrict (or forbid) firearms on their properties. However, a 2010 law prohibits employers from discharging employees for in-vehicle firearms possession on business property.
Indiana is a "shall issue" state for the License To Carry a Handgun.[101] The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW[citation needed] (which Indiana does not issue). A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements.
Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Documented substance abuse is a disqualifier, as is documented evidence of any given person's "propensity for violent or emotionally unstable conduct."
Indiana residents, or non-residents with a "regular place of business" in Indiana, must obtain an Indiana license. Application for a license must be made to the local police department, or absent that, to the county police department. Four-year and lifetime permits are issued for Indiana residents. Out-of-state residents may only be issued four-year permits.
Indiana honors handgun carry licenses issued by every state (only Illinois does not issue carry licenses), generally including non-resident licenses. However, reciprocity is always in flux. E.g., Indiana recognizes Ohio permits, but Ohio does not reciprocate.
It is illegal to carry a concealed weapon, even sporting arms, on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Lawful gun owners may have guns in their vehicles on school property provided the driver is only transporting someone to, or from, a school event.
Firearms dealers or private individuals may not sell any firearm to someone less than 18 years old, or less than 23 years old if the buyer was "adjudicated a delinquent child for an act that would be a felony if committed by an adult", or to a person who is mentally incompetent or is a drug or alcohol abuser.
Short barreled shotguns (barrels under 18", OAL less than 26" length), are prohibited to the general citizenry (some exceptions apply). Possession of automatic weapons by individuals or dealers who have obtained the appropriate federal license is permitted. It appears that all other NFA-regulated weapons and devices are legal in Indiana.
Cartridges that "can be fired in a handgun" that have "a projectile that has a metal core and an outer coating of plastic" are prohibited. "This section does not apply to nylon coated ammunition, plastic shot capsules, or ammunition designed to be used in rifles or shotguns."
Indiana law stands mute vis-à-vis long gun carry. There are some Department of Natural Resources rules, but these only apply on DNR properties or to hunters. Generally speaking, possession of long guns is legal whether the gun is either on one's person or in one's motor vehicle, loaded or not, concealed or not. There are additional rules regarding firearms possession on ATVs and snowmobiles.
Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty.[102]
On January 1, 2011, Iowa became a "Shall issue" state for a permit to carry weapons.[103] Applicants must successfully complete an approved training course.
Iowa will honor any valid permit issued by any other state. You do not have to be a resident of the state from which your permit was issued. However, an Iowa resident may carry only with an Iowa-issued permit.[104] A training course is required.
A Permit to Acquire Pistols or Revolvers is required when purchasing a handgun from a dealer, and is obtained from the county sheriff. A Permit to Acquire shall be issued to qualified applicants aged 21 or older. It becomes valid three days after the date of application, and is valid for one year. A permit is not required when purchasing an antique handgun, which is defined as a matchlock, flintlock, or percussion cap pistol manufactured before 1898, or a replica of such a pistol.[105]
If you have an Iowa permit to carry weapons, you do not need a permit to acquire Pistols when purchasing a handgun. The permit is valid for 5 years before it must be renewed.
Iowa has enacted state preemption of firearms laws, so local units of government may not restrict the ownership, possession, or transfer of firearms, or require their registration.[106]
Under Iowa law, private citizens may not possess automatic firearms, short-barreled rifles, or short-barreled shotguns.[107]
Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "shall issue" policy.[108] The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override a veto from Governor Kathleen Sebelius, who had previously vetoed several other attempts to legalize concealed carry. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.
On April 21, 2008, Governor Kathleen Sebelius signed a bill allowing the sale and possession of NFA weapons. The law took effect on July 1, 2008.[109][110]
Kentucky
Kentucky's concealed carry law, set forth in Kentucky Revised Statutes§ 237.110, is "shall-issue". The law is written to allow the carry of concealed "deadly weapons", not just handguns, and the permit is called a Concealed Deadly Weapons License (CDWL). The definition of a "deadly weapon", found in KRS § 500.080, includes a wide array of weapons other than guns, including knives (ordinary pocket knives or hunting knives are specifically classified as not being "deadly weapons"), clubs, blackjacks, nunchaku, shuriken, and brass knuckles (including knuckles made from other hard materials). All CDWLs are issued for 5 years.
Exception: KRS § 237.115 allows the following entities to restrict concealed carry:
Postsecondary educational institutions
Any unit of government within the state in buildings that it owns, leases, or occupies — however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
NFA weapons restricted?
No
No
Peaceable journey laws?
No
No
Federal rules observed.
Kentucky's law in this area has a few distinctive features:
An applicant must have been a resident of Kentucky for at least 6 months before filing his or her application. A member of the U.S. military who has been stationed in Kentucky for at least 6 months at the time of filing is also eligible, regardless of his or her domicile.
Applicants cannot be in arrears on child support obligations in an amount that would equal or exceed that accumulated in one year of nonpayment.
The required firearms safety course can be no longer than 8 hours, and also includes a mandatory marksmanship test, in which the applicant must hit a full-sized silhouette target from 7 yards with at least 11 out of 20 rounds fired. (The distance is not stated in the statute, but is set forth in the administrative regulations governing the course.[111])
Under KRS § 237.110 (20)(a), Kentucky recognizes all currently valid concealed carry permits issued by other U.S. jurisdictions.
Suppressors are legally transferable in Kentucky.
On March 16, 2011, a change to KRS § 527.020 was signed into law by Governor Steve Beshear allowing guns to be carried without a permit in any factory-installed compartment within the passenger area of a vehicle. Previously, such carry was only allowed in a glove compartment.[112]
KRS § 237.104 prohibits the state from seizing firearms from private citizens in the event of a disaster or emergency.
Prohibited places
KRS § 237.110, which governs the issue of permits, also lists places where concealed carry is prohibited. Per § 237.110 (16), concealed carry is prohibited in:
(a) Any police station or sheriff's office;
(b) Any detention facility, prison, or jail;
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
(d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he or she is a member;
(e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
(f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
(g) An area of an airport to which access is controlled by the inspection of persons and property; or
(h) Any place where the carrying of firearms is prohibited by federal law.
Note that the prohibition against carrying concealed in an establishment that serves alcohol only applies to the "portion of the establishment [is] primarily devoted to that purpose." This means that concealed carry is allowed in restaurants that serve alcohol, with only the bar section (if present) off-limits to permit holders. This assumes that the owner has not posted the establishment to prohibit carry.
With respect to the prohibition of weapons on school property, KRS § 527.070 (3)(a) states that adults may have weapons in their vehicles as long as they do not remove the weapons from the vehicle or brandish them while on school property. Note, however, that federal law does not recognize this exemption for individuals that do not hold Kentucky permits.
KRS § 237.110 (17) authorizes private businesses to prohibit concealed carry on their premises. Although, only once asked to leave the premises may the gun owner be duly cited for trespassing or disturbing the peace. However, "facilities renting or leasing housing" are specifically prohibited from restricting concealed carry. Private employers can prohibit their employees or permit holders from having weapons concealed in employer-owned vehicles, but cannot prohibit concealed weapons in individually owned vehicles. Public employers (i.e., state and local governments) can prohibit carry within their buildings, but cannot prohibit the carry of weapons by employees or permit holders in any vehicle, with the exception of the Justice and Public Safety Cabinet, which can prohibit employees from carrying any non-duty weapon in a vehicle while they are transporting persons under the employees' jurisdiction or supervision.
Louisiana
Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military. Concealed carry is not permitted in any portion of the permitted area of an establishment that has been granted a class A-General retail permit, to sell alcoholic beverages for consumption on the premises, or in any place of worship, government meeting place, courthouse, police station, polling place, parade, or in certain other locations.[113][114][115]
Louisiana has state preemption of firearms laws, except for local laws passed before July 15, 1985. Government bodies other than the state may not sue firearms manufacturers, dealers, or trade associations for damages that are the result of lawful activities. Automatic firearms, short-barreled shotguns and rifles, and silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.[116]
Maine
Maine[117][118] is a "shall issue" state for concealed carry. The issuing authority is the local government or local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. A permit is not required for open carry.[119][120][121][122]
Maine does not currently honor concealed carry permits from other states. In 2007, the state enacted L.D. 148, directing the Department of Public Safety and the Attorney General to review other states' concealed weapon reciprocity agreements and actively seek reciprocity where appropriate.[123]
Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.[124]
A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.[125]
Employers in Maine may not prohibit its own employees from keeping a firearm in the employee's vehicle if the employee has a valid permit to carry the concealed firearm and the firearm is concealed in the employee's own locked vehicle.[126] Employers may continue to prohibit firearms its premises other than in its parking lot under the conditions specified in the law.[127]
Local governments are prohibited from regulating the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession and transportation of handguns, rifles, shotguns and ammunition, with some exceptions.
Local governments are prohibited from regulating possession, sale, rental, or transfer of "regulated firearms."
Regulated firearms are handguns and specific "assault weapons" and their copies.
Localities may regulate the purchase, sale, transfer, ownership, possession and transportation of such firearms and ammunition with respect to minors; law enforcement officials of the local government; and activities in or within 100 yards of "a park, church, school, public building, and other place of public assembly."
Localities may regulate the discharge of firearms, but not at "established ranges."
Localities may regulate the sale of trigger locks with handguns.
To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
The Secretary [of the Maryland State Police] shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.
Annapolis requires dealers to keep a register of persons purchasing ammunition and certain firearms, along with the make, model, caliber, and date.[130]
Detachable magazines with a capacity of more than 20 rounds of ammunition may not be made, sold, purchased, or transferred. Possession is not prohibited.
This law does not apply to .22 caliber rifles with tubular magazines that have a capacity of more than 20 rounds of ammunition.
Demonstrations in a public place or in a vehicle within 1,000 feet of such demonstrations, except certain persons.
Aircraft engaged in certificated air commerce services, except certain persons or in compliance with certain rules.
Machine guns generally may not be possessed outside of one's permanent residence or business occupancy, except certain persons.
Anne Arundel County: the property of another without signed, written permission of the owner, occupant, or lessee.[130]
Baltimore City: firearms with barrels over 14" in length on one's person or in a vehicle within the city, except certain persons, certain firearms, or in compliance with certain rules.[131]
City of Gaithersburg: pistols, revolvers, or other dangerous weapons on the streets of the city, except unloaded firearms used for hunting.[132]
Montgomery County: firearms on one's person or in a vehicle, except certain persons, or in certain circumstances, or in compliance with certain rules.[133]
Montgomery County: in or within 100 yards of a place of public assembly, except certain persons or in compliance with certain rules.[133]
Persons who have been convicted of a crime of violence, any Maryland-classified felony, conspiracy to commit a felony, a common law crime for which the person received a term of imprisonment for more than two years, or any Maryland-classified misdemeanor that carries a statutory penalty of more than two years.
Persons under 30 years of age who have been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
A State license is required to engage in the business of selling, renting, or transferring regulated firearms.
Purchasers must complete a certified firearms safety training course before purchasing a regulated firearm.
An online program offered by the Maryland Police Training Commission can fill this requirement with the purchaser receiving the card at the end of the on-line lecture.[134]
No more than one "regulated firearm" may be purchased in a 30-day period, except in certain circumstances.
Dealers must forward the manufacturer-included shell casing in its sealed container to the Department of State Police Crime Laboratory upon sale, rental, or transfer, for inclusion in their ballistics database, known as the Integrated Ballistics Identification System (IBIS).
Handguns manufactured on or before December 31, 2002 must be sold or transferred with an external safety lock.
Handguns manufactured after December 31, 2002 may only be sold or transferred if they have an internal mechanical safety device.
Maryland residents may purchase a rifle or shotgun from a Federally licensed dealer in Delaware, Pennsylvania, Virginia, or West Virginia.
Residents of Delaware, Pennsylvania, Virginia, or West Virginia may purchase a rifle or shotgun from a Federally licensed dealer in Maryland.
Carrying a handgun either openly or concealed is prohibited, except certain persons, or in certain circumstances.
Exceptions include transportation of an unloaded and cased firearm, when traveling to or from:
a place of purchase or repair;
a residence and business;
an organized military activity, formal or informal target practice, sport shooting event, or hunting.
Generally, no permit is required to possess a rifle or shotgun within the State.
The Secretary of State Police, at his discretion and based on an investigation, may issue a carry permit to a person seeking to wear, carry, or transport a handgun.
v· Constitution of Maryland contains no provision protecting the right to keep and bear arms. The State preempts some local firearm regulations, though local governments may regulate firearms with respect to minors and areas of public assembly. Annapolis, Anne Arundel County, Montgomery County, Gaithersburg, and Baltimore are known to have local firearm regulations.[9][128][129]
The Maryland State Police maintain a registry of "regulated firearms" that are allowed to be sold within the state. Dealers must forward the manufacturer-included shell casing in its sealed container to the Department of State Police Crime Laboratory upon sale, rental, or transfer of a "regulated firearm" for inclusion in their ballistics database, known as the Integrated Ballistics Identification System (IBIS).[128][129]
Detachable magazines capable of holding more than 20 rounds may not be manufactured or sold, though they may be possessed. Certain pistols are banned and are defined as "assault pistols." Any of the "assault pistols" on the list are lawful to possess only if they were registered prior to August 1, 1994.[9] Only handguns on the official handgun roster may be sold in the state. Private sales of "regulated firearms," which includes handguns, are prohibited. A person must obtain a safety training certificate prior to purchasing "regulated firearms" and present that certificate prior to each purchase. With some limited exceptions, only one "regulated firearm" may be purchased in any 30-day period. Handguns manufactured on or before December 31, 2002 must be sold or transferred with an external safety lock. Handguns manufactured after December 31, 2002 may only be sold or transferred if they have an internal mechanical safety device.[128][129]
Firearms are prohibited from certain places, including schools and demonstrations. Carrying a handgun, whether openly or concealed, is prohibited unless one has a permit to carry a handgun or is on their own property or their own place of business. The Maryland State Police may issue a permit to carry a handgun at their discretion and based on an investigation.[128][129]
A 2008 court case in which Charles F. Williams Jr. was convicted of transporting a firearm in his backpack while in a public without a permit in Maryland is currently being challenged. Attorneys claim the Maryland permit law is so restrictive that it “basically says ordinary people can’t get one.” He argues in his petition[135] that the law violates the Supreme Court’s “analyses and plain statements in Heller and McDonald that the right to bear arms exists outside the home.”[136]
Massachusetts
Massachusetts Law requires firearm owners to be licensed through their local Police Department or the Massachusetts State Police if no local licensing authority is available. A license is required by state law for buying firearms and ammunition. An applicant must have passed a State approved firearm safety course before applying for a license.
All applications, interviews, fees, and fingerprinting are done at the local Police Department then sent electronically to the Massachusetts Criminal History Board for the mandatory background checks, and processing. All approved applicants will receive their license from the issuing Police Department. All licensing information is stored by the Criminal History Board. Non residents who are planning on carrying in the state must apply for a temporary LTC through the State Police before their travel.
There are five different types of Firearm licenses issued in the state:
RFID: The Restricted Firearm Identification License (FID), only allows carrying of mace or pepper spray.
Fire arms ID (FID): Permits the purchase and carrying of non-large capacity rifles and shotguns.[137]
Class B: Only allows the purchase of long rifles and hand guns with a capacity of no more than 10 rounds, does not allow the holder to carry a fire arm concealed, when transporting fire arms it must be locked and inaccessible as well as separate from ammunition.
Class A: This license allows purchase any fire arm legal in the state of Mass, are authorized to own fire arms holding greater than 10 rounds, and can carry a loaded concealed fire arm unless restrictions are place on the license by Chief of Police of the issuing town, if the Class A is restricted to Hunting and Sport or Target and Hunting, it carries the same restrictions as a Class B, with the exception of owning large capacity.
The definition of the restrictions on a Class A is on a town by town basis and is set by the Chief of Police of the issuing town, there is no uniform state definition with regards to the restrictions placed on a Class A, they are different on a town to town basis.
The final license is only issued for "machine guns."
A license to possess or carry a machine gun may be issued only to a firearm instructor certified by the Criminal Justice Training Council for the sole purpose of firearm instruction to police personnel, or to a bona fide collector of firearms upon application or renewal of such license.
A "bona fide collector of firearms," for the purpose of issuance of a machine gun license, shall be defined as an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or other like purpose.
For the purpose of issuance of a machine gun license, the acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms.
All private sales are required to be registered through an FA-10 form with the Criminal History Board, Firearm Records division. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state and all classes of LTCs, are issued in a highly discretionary manner.
FIDs are "Shall issue", except if the applicant fails a background check. While Massachusetts' firearms laws are some of the strictest, they are not applicable to travelers who comply with the Firearm Owners Protection Act's traveler's exemption.[138][139] State law requires all firearms to be stored in a locked container, or with a trigger lock. If in a vehicle, firearm must be carried in the trunk of the vehicle in a locked container, unless the licensee has a Class A unrestricted license, in which case the firearm must be under his direct control. Any firearms that are found to be unsecured may be confiscated by law enforcement officers and license may be revoked. In the event a license is revoked for any reason, law enforcement will confiscate all weapons and store for 1 year before destroying them unless the revoked licensee transfers ownership to a properly licensed party who then claims the firearms.
Aliens who reside in Massachusetts can apply for a "permit to possess non large capacity rifles and shotguns pursuant M.G.L. 140 s. 131H" directly with the Massachusetts Firearms Record Bureau. The applicants must receive firearms education at the FID or LTC-level and pass a 20-fingerprint FBI background check and interview. This permit is a "may issue" document similar to the FID but expiring December 31 of each year. The procedure requires about 16 weeks from application to delivery of the permit. There is no 90-day grace period for the renewal of alien permits. Both nonresident (ie visa-holders) and permanent resident (ie green-card holders) aliens are lumped together by Massachusetts law. The alien permit allows the possession of non-high capacity (ie less then 10 rounds) shotguns, rifles and ammunition. This includes .22 caliber rifles with tubular magazines holding more than 10 rounds, but it excludes high capacity rifles, assaults rifles and handguns. FID and LTC are generally not issued to aliens even if the Mass Code grants some latitude to the Colonel of Massachusetts State Police, who may be petitioned directly. A recent lawsuit is seeking to expand Massachusetts aliens gun rights by allowing possession and purchase of handguns and may have far reaching consequences for other States (http://comm2a.org/index.php?option=com_content&view=article&id=69:fletchervhaas&catid=7:miscellaneous-&Itemid=36).
Michigan
The State of Michigan has numerous laws concerning the ownership and the carrying of firearms. Generally, federal, state, and local law enforcement agencies, and agents thereof acting in an official capacity, are exempt from Michigan's firearms regulations. The Constitution of the State of Michigan of 1963[140] Article 1, Section 6 reads:
Every person has a right to keep and bear arms for the defense of himself and the state.
A complete listing of Michigan's firearms laws can be found in the publication "Firearms Laws of Michigan."[141]
"Firearm" defined
The word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by means of spring, gas or air.[142]
Michigan's Attorney General has ruled that the definition of "firearm" includes a Taser. However, under Michigan law, private citizens may not purchase or use Tasers.[143]
Purchasing firearms in Michigan
In Michigan, a person "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol," as prescribed in MCL 28.422. A purchase license is required to purchase a pistol, unless the purchaser has a concealed pistol license.[144] A person must be at least 21 to purchase a pistol from a federal dealer under both federal and Michigan law (but only has to be 18 if buying the pistol or handgun from a private seller).
No purchase license is required to purchase a long gun (a firearm that is more than 30 inches long) in Michigan. According to state law, a long gun may be purchased by anyone aged 18 or over who is not subject to restrictions based on criminal history, mental health history, or other disqualifying factor. A person must be at least 18 years old to purchase a long gun from a federal dealer or a private seller under both federal and Michigan law.
Only Michigan residents may purchase pistols (meaning firearms that are 30 inches or less in length) in Michigan. Only Michigan residents and residents of contiguous states may purchase long guns in Michigan (and Michigan residents may only purchase long guns in Michigan or in a contiguous state).[145] An individual must apply to their local police or sheriff's department for a purchase license before obtaining a pistol. The police authority will check the applicant's criminal history and for disqualifying factors such as whether the person has been ordered to undergo involuntary mental health treatment or is subject to a restraining order for domestic violence. In addition, an applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary public that he or she meets the statutory requirements to own a pistol.
A purchase license is required even if the person acquired the pistol by way of an inheritance or gift. Federally-licensed firearm dealers are not exempt from this section of the law and must also get a license any time they purchase or acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler.
A License to Purchase a Pistol is valid for 10 days.[146] The buyer and seller must both sign the license and may each keep one copy for his or her records. An individual must return to the local police department within 10 days of purchasing the pistol to return the remaining two copies of the license. Effective January 7, 2009, the requirement that a newly-acquired pistol be brought back to the local police department for a safety inspection was eliminated.[147] Some agencies require all unused license-to-purchase forms to be returned to them for record-keeping purposes.
Pawn shops, second hand dealers, and junk shops are not allowed to sell pistols in Michigan.[148]
Concealed carry in Michigan
Michigan's concealed carry law is "shall issue," meaning that anyone 21 or older may obtain a license to carry a concealed pistol, so long as the person is not prohibited from owning a firearm, has not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and has completed state-approved firearms training. Concealed Pistol License (CPL) holders are not required to obtain a license to purchase a pistol; however, they must fulfill the registration requirement (a sales record of the pistol acquisition). Under Michigan law, carrying a concealed pistol under a CPL constitutes implied permission for chemical testing for illegal drugs or alcohol; and it is strictly forbidden for someone with a concealed pistol license to carry a pistol while on drugs or alcohol.
Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises: schools or school property, public or private day care center, public or private child caring agency, or public or private child placing agency, sports arena or stadium, a tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises, any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons, an entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more, a hospital, a dormitory or classroom of a community college, college, or university, and casinos. "Premises" does not include the parking areas of the places listed above, excluding casino parking.Openly carried firearms by CPL holders in most of these locations is generally lawful, it remains unlawful for anyone without a CPL to carry openly in these places without written permission from an owner or agent of such locations.
A pistol is subject to immediate seizure if the CPL permit holder is carrying a concealed pistol in a "pistol-free" area. Open carry with a CPL in most "pistol- free" areas is arguably legal, except in courts, federal buildings, casinos, and many university buildings, where any form of carry may be illegal. Please refer to Michigan AG opinion No. 7097. No court decision has said that open carrying by a CPL holder in a "pistol-free" area is allowed.
An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a concealed pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.[149]
On March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."[150]
There are few places where open carry is expressly prohibited by federal or state law. Discharging a firearm remains illegal in many cities and charter townships (and such an ordinance is NOT preempted by state law).[151] In addition, there are laws regulating how and firearms may be transported in motor vehicles that must be followed.
No one is allowed to bring a firearm, concealed or openly, onto the property of a correctional facility, under a law prohibiting weapons that could help prisoners escape from being brought on to prison property.[152] If someone who is carrying openly, who is not on their own private property, puts a coat on over his firearm or otherwise hides it, even temporarily, and he or she does not have a concealed pistol license, he or she has committed the felony crime of carrying a concealed weapon without a license. The Michigan Attorney General has released an opinion stating that open carry is NOT considered reasonable suspicion of a crime,[153] but there are no Michigan court decisions definitively ruling on this point. In addition, the Michigan Attorney General has released an opinion that a reserve police officer who carries a visible, holstered pistol is neither brandishing it nor disturbing the peace.[154] Michigan formerly did not allow ownership of NFA firearms, though the Attorney General has issued an opinion, 7183, that allows machine guns to be legally transferred to Michigan residents who comply with federal laws. A 2011 opinion by attorney general Bill Schuette allows the possession and transfer of suppressors in Michigan.[155]. Short-barreled shotguns and rifles are illegal in Michigan, as is armor-piercing ammunition for handguns.
Michigan prohibits the possession of Tasers or stun guns by private citizens, including concealed pistol licensees.
Permit to purchase required to transfer/purchase "military-style assault weapons" through FFL dealers. No permit required for private transfers between individuals.
Firearm registration?
No
No
None
No
"Assault weapon" law?
Partial*
Partial*
§624.7131
Persons under the age of 21 prohibited from purchasing semi-automatic handguns and other "military style" weapons. However, ownership of "assault weapons" by persons over 18 generally not prohibited.
Shall Issue. 'Minnesota Permit to Carry a Pistol' required to carry handguns. Concealment is permitted but not required. A carry permit also allows for the carry of long guns ( §624.7181[158])
Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Sound suppressors and some destructive devices are prohibited in most cases.
Peaceable Journey laws?
No
No
None
Federal rules observed.
Miscellaneous Information
Permits to Carry
As of October, 2010 there are 77,888 current permit holders in Minnesota.[161]
The county sheriff must either issue or deny a permit within 30 days of the application date.
New and renewal permits are valid for five (5) years from the date of issuance. Emergency permits are valid for 30 days.
Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.
Private establishments can ban any firearms and must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.
Restrictions
Must be at least 21 years of age
Must complete an application form
Must not be prohibited from possessing a firearm under Minnesota Statute 624.714 (Criminal background & mental health history check)
Must not be listed in the criminal gang investigation system
Must be a resident of the county to which one is applying for a permit, if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff.
Must present evidence of training in the safe use of a pistol. (Training completed within one year of an original or renewal application. - 624.714, Subd. 2a)
Places Prohibited by Statute
K-12 School property ∗ † ∗∗
A childcare center while children are present ∗∗
Private establishments that have posted a sign banning guns on their premises
Private establishments who have personally informed the permit holder that guns are prohibited and demands compliance
Places of employment, public or private, if employer restricts the carry or possession of firearms by its employees †
State correctional facilities or state hospitals and grounds (MN Statute 243.55)
Any jail, lockup or correctional facility (MN Statute 641.165)
Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)
Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals
Any state building in the immediate vicinity of the capitol building unless the commissioner of public safety is notified (MN Statute 609.66)
In a field while hunting big game by archery, except when hunting bear (MN Statute 97B.211)
In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)
∗ Public colleges and universities may make administrative policies prohibiting the carry of firearms by students and employees. However, such policies are not laws and do not have the authority of laws, nor may peace officers enforce such policies under the color of law.
∗∗ The Carrying of firearms on school and day care facility property is allowed with written permission from the principal or other person in general control of the school, or the director of a child care center.
† With the exception of religious organizations, no public or private entity may prohibit the carry or storage of firearms within vehicles in parking lots.
Minnesota Is a "shall issue" state for Permit(s) to Carry a Pistol (concealed carry).
Mississippi[162][163] is a "shall issue" state for concealed carry. The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 45 days. The license is valid for five years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95-3-1,[164] or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". A license to carry a concealed pistol or revolver is required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.[165][166][167]
Mississippi has state preemption of many but not all firearm laws. No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.[168]
Lawsuits against manufacturers, distributors, or dealers for damages resulting from the lawful design, manufacture, distribution or sale of firearms are reserved to the state. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship.[169]
Missouri
Peaceable journey and RV law
Missouri has a "peaceable journey" under Missouri Statutes 571.030 which law says it is legal to carry the weapon in a passenger compartment of a vehicle as long as (1) the concealable firearm is otherwise lawfully possessed, (2) the person is 21 or older, or (3) the person is in his dwelling unit (e.g. RV) or upon premises over which the person has possession/authority/control, or is traveling in a continuous journey peaceably through this state.
The same applies (it is not a crime) when the person is 21 and possesses an exposed firearm for the lawful pursuit of game.
Open carry
Missouri does allow open carry of firearms for those age 18 or older. However, city, county, and municipalities are allowed to pass laws and ordinances restricting this. It is advisable to check local laws and ordinances before openly carrying a firearm within Missouri.
Concealed carry
Missouri Statute 571.070 (8/28/2007) says that it is unlawful for a felon or adjudged incompetent Person to have possession of any firearm (including concealable firearms). Violation of this law is a class C felony.
Missouri Law Exempts the possession of antique firearms, as defined in 18 U.S.C. Section 921, from the provision that specifies a person commits the crime of unlawful possession of a firearm if he or she is a convicted felon possessing a firearm (Section 571.070).
Missouri Statute 571.121 (8/28/2007) says (a) you have to carry permit with you when you carry the concealed weapon and if you don't have it with you, it is not a crime, but you can be fined up to $35, and (b) director of revenue issues a driver's license or a state I.D. with a CCW endorsement that reflects that you can carry concealed.
Montana
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
State Permit to Purchase?
No
No
Firearm registration?
No
No
"Assault weapon" law?
No
No
Owner license required?
No
No
Carry permits issued?
No
Yes
Permits not required in many locations (see below )
State Preemption of local restrictions?
Yes
Yes
M.C.A 45-8-351
Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to a public assembly, a publicly owned building, a park under its jurisdiction
or a school. localities may also regulate the possession of firearms by felons, minors, illegal aliens or the mentally --71.187.60.231 (talk) 02:26, 26 October 2011 (UTC) .
NFA weapons restricted?
No
No
Permitted as long such possession is in compliance with all federal regulations
Peaceable Journey laws?
Yes
Yes
Montana has some of the most permissive gun laws in the United States.[170] It is unique in having no state-level prohibited possessor statute, although the state preemption statute allows local governments to prohibit firearms possession among felons and mental incompetents.[171]
Montana is a "shall issue" state for concealed carry.[172][173] The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Concealed carry is not allowed in government buildings, financial institutions, or any place where alcoholic beverages are served. Carrying a concealed weapon while intoxicated is prohibited. No weapons, concealed or otherwise, are allowed in school buildings. Montana recognizes concealed carry permits issued by most but not all other states. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. Under Montana law a permit is necessary only when the weapon is " wholly or partially covered by the clothing or wearing apparel ",[174] therefore it is legal to carry and/or keep a firearm inside a vehicle without a permit ( as long as it is not concealed on the person ) it is also legal to carry a firearm in a backpack, purse or briefcase without a permit.[174] Open carry is also generally permitted.[175][176][177]
Montana has state preemption of most firearms laws. Local units of government may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer, ownership, possession, transportation, use, or unconcealed carrying of any weapon. However, local governments may restrict the firing of guns, or the carrying of firearms at public assemblies or in public buildings or parks.[178]
Montana has a number of restrictions on lawsuits against firearms manufacturers, dealers, or trade associations. Such lawsuits may be filed by the state, but not by local governments.[179][180]
Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they cannot be regulated as interstate commerce.[181][182]
Nebraska
In Nebraska, to purchase a handgun, a permit to purchase is required. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. As of January 1, 2007, concealed handgun permits (CHPs) are being issued by the Nebraska State Patrol. NFA firearms (machine guns, short barreled shotguns, short barreled rifles, and silencers) are legal to own as long as they are compliant with federal law.
Residents of the city of Omaha are required to register their handguns.[183]
In Lincoln, municipal code section 9.36.100 prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last ten years. These include stalking, violation of an order of protection, impersonating a police officer, and public indecency.[184] The Lancaster County Sheriff will not issue a Nebraska permit to purchase a handgun if the applicant is a Lincoln resident and is prohibited by this law from possessing firearms.[185]
Nevada
Nevada state law does not require the registration of firearms. However, handgun owners in Clark County must register their concealable firearms at a law enforcement agency within an incorporated city of Clark County (informally call the 'Blue Card').[186]
Nevada is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed firearms permit to qualified applicants.[187] To apply for a Concealed Firearm Permit, a person successfully take an approved course in firearm safety and demonstrate competence (qualify) with a semiautomatic handgun or revolver or both. Once issued, the permit will read:
Semiautomatic firearms authorized ... Yes | No
Revolvers authorized ... Yes | No
depending on the applicant's demonstrated competence.[188]
Note: The change in the law regarding competence with semi-automatic handguns was made effective July 1, 2011 through Nevada Assembly Bill AB 282.[189] This change is retroactive meaning that permits issued prior to July 1, 2011 that have specific semiautomatic firearms listed is the equivalent to having all semiautomatic fireams authorized.[190]
States that honor a Nevada permit: Alaska, Arizona, Idaho, Indiana, Kansas*, Kentucky, Louisiana, Michigan*, Minnesota, Missouri, Montana, Nevada, Oklahoma, South Dakota, Tennessee, Texas, Utah (*Residential Permits Only)
Other state permits that Nevada honors as of July 1, 2011: Alaska, Arizona, Arkansas, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, North Carolina, Ohio, Tennessee, Rhode Island, West Virginia. The law allows holders of valid permits from these states to carry a concealed weapon while in the State of Nevada. The permit must be in the possession of the person at all times while carrying a firearm.
Nevada is a traditional open carry state with seemingly complete state preemption of firearms laws. However, several localities have passed and are enforcing "Deadly Weapons" laws which conflict with the preemption laws, and whose legality is therefore at issue. Were this not the case, Nevada would qualify as a "Gold Star" open carry state. Effective Oct 1, 2007 is legislation that prohibits counties/cities/towns from enacting ordinances more restrictive than state law - the legislature reserves for itself the right to legislate firearms law. This law is retroactive. Hence the more restrictive ordinances in North Las Vegas and Boulder City are null and void.
AB 217, allows residents of non-contiguous states to purchase long guns in Nevada. It also allows Nevada residents to purchase long guns in non-contiguous states. This legislation brings Nevada in line with the protections provided by the Firearms Owners Protection Act, which allows for the interstate sale of long guns by federally licensed firearms dealers.
AB 282 ensures that CCW permit holders’ names and addresses remain confidential; revise Nevada state law to allow carrying of any semi-automatic pistol, as with revolvers, once qualified for a CCW permit with a semi-automatic pistol; allows carrying of firearms in Nevada state parks; and statutorily mandates a background investigation (which is currently being done by all Nevada sheriffs) for CCW permit renewals for the purpose of reinstating the National Instant Criminal Background Check System (NICS) exemption for Nevada, thus ensuring that permit holders do not have to go through a point-of-contact check for every firearm purchased, as long as the CCW permit is valid.
Assembly Bills 217 and 282 went into effect on July 1, 2011.
The CCW permit costs $100.25 for new applications and $65.25 for renewals, and is valid for 5 years for residents and 3 years for non-residents.[191][192][193]
New Hampshire
No license is required to openly carry a firearm while on foot, but carry of a loaded pistol or revolver in a motor vehicle, openly or concealed, does require a license. Note that the NH license is issued for carry of a "pistol or revolver," and is not a license to carry "weapons" as exists in some other states. The NH license is issued by the local mayor, selectmen, or police dept at a cost of $10 for residents, and by the NH State Police at a cost of $100 for non-residents (changed from $20 on July 1, 2009). The term of issue of the license is four years for non-residents, and at least four years for residents.[194] Turn around time is generally 1 – 2 weeks, with 14 days being the maximum time allowed by law.[195]
New Hampshire has no laws restricting the age at which a person may possess and carry firearms.[196][197][198]
New Jersey
Permits to Purchase/Own
In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. These, like the initial Firearms Identification card (FID), are provided to applicants on a shall-issue basis. They require in-depth application questioning, multiple references and background checks via the State Bureau of Identification and New Jersey State Police; however, authorities do not have discretion and must issue permits to applicants who satisfy the criteria described in the statutes. NJ law states that Firearms Identification approval and/or handgun purchase permit(s) must be issued within 30 days; however, this rule is frequently ignored and permits and/or ID cards often take several months to be issued. Applicants are able to appeal the denial of permits.
Limits and Restrictions
N.J. Rev. Stat § 2C:39-1y. New Jersey bans the possession and use of hollowpoint ammunition, with the notable exemption for ammunition possessed inside one's home or on one's property, or for use during specific activities, i.e. hunting or at shooting ranges.[199] Hollowpoint ammunition is available for unrestricted purchase from most retailers wherever firearms are sold, and may be transported by purchasers without special licensing.
Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds. Furthermore, New Jersey has banned various semi-automatic firearms.[200] Police are bound by the Assault Weapons Ban (AWB) in New Jersey but may possess those weapons if they receive the signatory approval of the chief law enforcement officers of their agencies. They are exempt from the capacity limits on magazines when used in duty firearms, and also in personal weapons when approved by the agency.
Starting January 1, 2010, New Jersey limits handgun purchases to one per 30 day period. Upon completing a New Jersey State police form, an FID card holder may be granted permission to purchase more than one handgun a month by declaring good reason. Reasons may include: recreational shooting; the purposes of collectors; when it is required for certain employment; and when obtaining firearms as the beneficiary of a will.[201]
Permits to Carry and Transport
New Jersey issues Permits to Carry to both residents and non-residents, who must submit applications to the chief law enforcement officers of their municipalities, or the State Police, respectively. By statute, New Jersey is a may-issue permit system, in which authorities are allowed discretion in the approval and denial of applications. It has seemed to be the policy of many permit-issuing authorities that the carrying of a handgun on one's person ought to be limited to armed professionals (private security officers, law enforcement officers, etc.). Many applicants have reported difficulty in obtaining New Jersey Permits to Carry, especially non-residents.
Federal law 18 USC 926A entitles a person to transport a firearm; however, arrests have been made for having an unregistered handgun when flying out of NJ airports. In 2005, Gregg C. Revell was traveling through Newark Airport, but because of a missed flight, he was given his luggage, which included a properly checked firearm, and he was forced to spend the night in New Jersey. When he returned to the airport the following day and checked his handgun, he was arrested for illegal possession. Mr. Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey,[222] held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey." This opinion will apply to NJ airports. If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you cannot take possession of the firearm if you are taking a later flight.
Shall-issue, with completion of 15-hour handgun safety course that includes live-fire instruction. Permit required to carry concealed loaded firearm. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle.
No statutory protection from lawsuits arising from the use of lethal force in self-defense[citation needed]
"Opt-Out" statute?
Yes
Yes
NMSA 29-19-12; NMSA 30-14-6
Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property.
New Mexico laws governing the possession and use of firearms[202][203] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".[204]
New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."[205]
New Mexico is a "shall issue" state for the concealed carry of handguns, and permits the open carry of loaded firearms.[206] An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.[207]
New Mexico recognizes concealed carry permits issued by 19 other states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wyoming.[207][208]
Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, school, or restaurant that serves hard alcohol. Carry is allowed in restaurants that serve beer and/or wine however.[209] carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (i.e. Grocery store, gas station, liquor store) is legal (note that "open carry" is expressly disallowed in this case[210]). The state also has an "opt-out" statute, allowing home and business owners the ability to legally forbid firearms on their property and/or in their buildings with appropriately displayed signage stating such prohibition.
New Mexico has an "extended domain" law, which means that a person's vehicle (including motorcycles and bicycles) is considered an extension of their home. It is therefore legal to carry a loaded firearm without a permit, openly or concealed, anywhere in a vehicle.[211][212] On foot, no permit is required to carry a firearm unless it is both loaded and concealed.
Concealed carry of an unloaded firearm is legal without a permit in New Mexico, however the same restrictions that apply to openly carried firearms apply. Persons under age 19 cannot carry in this manner unless traveling to certain sporting, recreational or training events as defined in law or on property controlled by parents, grandparents or guardians and under their supervision.[204]
New Mexico currently lacks a "Castle Doctrine" law, and those who lawfully use lethal force in self-defense are not protected by statute from potential lawsuits by the aggressor and/or his or her surviving relatives.[citation needed]
New York
Main article: Gun Laws in New York
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
State Permit to Purchase?
No
Yes
Firearm registration?
No
Yes
Long guns, only in NYC.
"Assault weapon" law?
Yes
Yes
More restrictive NYC version of the expired Federal law.
Owner license required?
Varies
Yes
Licensing is required for long guns in NYC.
Carry permits issued?
Yes
Yes
In some localities a carry permit is de facto "No-issue" (see below)
New York is one of the strictest states in the nation with regard to the purchase, possession and carrying of handguns.[213] Most of New York State gun laws are covered in two sections of New York Penal law: article 265 - FIREARMS AND OTHER DANGEROUS WEAPONS; and article 400 - LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS. These sections include the banning of possession of a handgun and exemptions to the handgun ban, including to those who have a license to carry, possess, hunt with, target shoot, repair, and dispose of firearms.
New York maintains a state level prohibition against the features listed in the now defunct Federal Assault Weapons Ban.[214][215][216] Magazines made after 1994 with a capacity in excess of 10 rounds and rifles with two or more of the stated restricted features are banned.[9][217][218]
New York is a "May-Issue" state, in that the individual licensing official has wide latitude and discretion in the issuance of Pistol Licenses, and additionally, has the option of placing a variety of restrictions on the manner and purpose for which the handgun can be carried. This discretion given to local authorities creates a state-wide patchwork of local handgun licensing policies. This diversity creates a climate in which the level of restriction a New York State resident will be required to abide by will vary extremely widely depending on the attitude of the issuing authority. Even those New York State residents who are the beneficiaries of pro-gun local policies (such as 'unrestricted carry' licenses), must still obtain a New York State Pistol License, apply for a purchase document for each handgun purchased, and possess only those handguns that are specifically registered to them.[217][218]
Of all the states that do issue carry pistol licenses, New York State has arguably the strictest handgun licensing policies in the nation.[213] New York City, which is effectively a "No-Issue" jurisdiction for carry pistol licenses,[219] has even stricter laws, including those regulating handguns exclusively kept at home.[220]
The purchase of a handgun in New York State is limited to only those individuals who hold a valid Pistol License issued by a county or major city within New York State and present to the seller a purchase document, issued by the licensing authority, with the specific make, model, caliber and serial number of the handgun indicated on the document. The possession of a handgun in New York State is limited only to those individuals who hold a valid Pistol License and are in possession of a registered handgun (one that appears on the license, indicating the specific make, model, caliber and serial number of the handgun). The carry of a handgun in New York State is limited only to those individuals who hold a valid Pistol License, possess a registered handgun, and are carrying said handgun in compliance with the restrictions as they appear on the license and other applicable state and federal law.
New York State pistol licenses are not issued to out-of-state or part-time residents.[221] New York does not honor licenses or permits from any other states, though some states will recognize New York licenses without a formal agreement.[222] There are no provisions for an out-of-state handgun owner (other than on- or off-duty law enforcement, on-duty military or non-resident business owners with a NYS Pistol License), except for off-duty law enforcement and military personnel.[citation needed].
Application
Application for a handgun license is through the individual's county or major city of primary residence, usually the police/sheriff's department, or a separate licensing authority (i.e. "The County Pistol Clerk"). After initial approval on the county level, the application is then passed on to the New York State Police for further approval. As part of the application process, the applicant will be required to ask friends or associates to act as personal references. These individuals may be required to fill out forms, varying in length by county, attesting to the applicant's 'good character.' Pistol licenses can take from less than four months to more than six months for approval, even though N.Y. law allows the licensing authorities no more than six months to process a license.[221]
Types of Licenses/Restrictions
In addition to laws pertaining to the entire state of New York, there are additional laws and statutes pertaining to licensing and permits in some of the major cities of the state.[223] Cities with stricter laws include Albany, Buffalo, Rochester and New York City.[citation needed] Pistol licenses are generally of two types: carry or premises-only.[221] "Premises-only" is the most common license issued in New York City and is supposed to be "Shall-Issue."[citation needed] Restrictions can be placed on either of the above types of licenses; for example, many jurisdictions allow handgun license holders to carry handguns only while hunting (i.e. sportsman's license) and/or traveling to and from the range (i.e. target license).[221] These restrictions, however, are administrative in nature; carrying a licensed, registered handgun outside of the restrictions indicated on a pistol license should result in administrative (suspension, revocation) penalties only.[citation needed]
New York City New York City, unlike many upstate counties, has very strict no carry laws. Pistol licenses must be obtained through the NYPD License Bureau at One Police Plaza in lower Manhattan.[224] Licenses issued are valid in the state[citation needed]
Security Guards and business people who regularly carry valuables may be issued a Restricted Business Carry License which is valid only while conducting the business specifically as it was described, in great detail, on the application for the license. NYC target or premises-only licenses are the licenses issued to average citizens who cannot show a need for self defense greater than any another average citizen. They are clearly marked: RESTRICTED - NOT FOR CARRY and require the licensee to obtain special permission from the NYPD License Bureau to leave the city with the handgun. Most licenses issued in New York City are for on-premises possession only, for self-defense within the home or business. Transporting the handgun (via a locked-box) to and from a target range must be done according to a strictly limited schedule pre-approved by the NYPD Licensing Bureau. NYC target licenses allow carrying to and from the range within a "locked-box" at any time at the discretion of the licensee, but prohibit the possession of the licensed handgun in a loaded condition within the home, thereby prohibiting use for self-defense within the home or business. Applicants for, and holders of, a NYC target license must be members of an NYPD License Bureau-approved target range within NYC at the time of application for the license. Traveling through New York City with a license issued from another jurisdiction within New York State must be done carefully (locked box, in vehicle's trunk, no unnecessary stops).[217][218][224]
Regional/Cultural Differences Throughout the State
Restrictions on New York State handgun licenses vary greatly from jurisdiction to jurisdiction.[citation needed] In contrast to "no carry" New York City, and some counties which only issue "to and from target shooting and hunting" licenses, many upstate New York counties issue unrestricted Pistol Licenses that allow unrestricted concealed carry of a loaded handgun (except for important exceptions such as schools, court houses/rooms, secure areas of airports).[citation needed].
Some of the most rural upstate counties (such as Delaware County) specifically do not enforce the vague "concealed" language in New York State's licensing law, effectively allowing open carry of a licensed handgun.[citation needed] Paradoxically, except for visiting New York City (which does not recognize any other county or city's license), the restrictions (or lack thereof) as they appear on the license stay with the license as the individual travels from county to county within the state. For example, the holder of a Delaware County pistol license (unrestricted carry) can carry his concealed handgun into a restaurant in Suffolk County, while his Suffolk County friend cannot.[citation needed] Not all of the most pro-gun counties of New York are particularly far from New York City either; many tourists getting away from New York City for a weekend trip to the country have been quite surprised at the prevalence of openly carried firearms of all types, only several hours from home.[citation needed]
This dichotomy in New York State handgun license policies (upstate rural/downstate urban) is an outgrowth of three specific cultural forces: the strength of home rule in New York State, the prevalence of conservative political forces upstate, the tradition of the various hunting seasons in the rural counties.[citation needed]
Rifles and Shotguns, Antique Handguns
Rifles and shotguns do not have to be registered in any jurisdiction within New York State except for New York City.[217][218] New York City requires registration and has additional restrictions such as they cannot take a detachable magazine having a capacity greater than five rounds.[220] Laws pertaining to the handling of rifles and shotguns are in sharp contrast to those of handguns. For example, licensed carry of a handgun on one's person allows the handgun to be fully loaded, including within an automobile, while visiting a place of business or while crossing a public road while hunting. A rifle or shotgun cannot be kept loaded in any of the above circumstances except for a self defense emergency.[225] Antiques and replica handguns must be registered to be legally loaded and fired.[226]
Non-Resident Travel through N.Y.
Traveling through New York State while possessing any handgun, for any purpose, without a New York State pistol license, is legally risky.[citation needed] New York State law does include a very limited exception for passing through the state for target competition purposes, "by a person who is a member or coach of an accredited college or university target pistol team" and "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within 48 hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within 48 hours of such event."[227]
Federal Protections
New York State is of particular concern to interstate motorists who travel with firearms, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms are protected by federal law, however they must have their firearms unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle).[228] They can never be in possession of a high capacity feeding device made post-ban (although within first half of 2011 several raids have been executed by Suffolk and Nassau County police at public ranges, resulting in reported confiscation of pre-ban high capacity magazines).[citation needed] However, people have been arrested for having an unregistered handgun when flying out of N.Y. airports. In 2005, Gregg C. Revell was traveling through Newark Airport, but because of a missed flight, he was given his luggage, which included a properly checked firearm, and he was forced to spend the night in New Jersey. When he returned to the airport the following day and checked his handgun, he was arrested for illegal possession. Mr. Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey,[229] held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey." This opinion will apply to N.Y. airports.[citation needed] If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you can not take possession of the firearm if you are taking a later flight.
North Carolina
To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CHP (Concealed Handgun Permit) permit.[230] State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different counties in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits).[231][232][233][234][235] The Pistol Purchase requirements are a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from easily obtaining handguns.[236]
Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.[236]
North Carolina is a "shall issue" state for the concealed carry of handguns. Application for a concealed handgun permit is made through the local county sheriff's office. Applicants must complete a state approved training course given by a state certified trainer. Instructors for these classes must be certified by the North Carolina Department of Justice. The Concealed Carry Handgun Safety Class is regulated to be a minimum of eight (8) hours long and must include a written test on state laws pertaining to the use of deadly force, and restrictions on the locations a handgun may be carried in a concealed fashion. In addition, the applicant must shoot a designated course of fire and obtain a passing score. A concealed handgun permit is valid for a period of five years. Regardless of the possession of a CHP, there are places that are restricted from the carrying of a concealed handgun, or any other firearm. Some restrictions have loop holes for EMS, Fire & Police.[237] Firearms may not be transported or possessed off of one's own premises during a declared state of emergency or in the immediate vicinity of a riot, except for law enforcement and military personnel in the performance of their duties.[238]
North Carolina honors concealed carry permits issued by Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. New Mexico has no formal agreement with North Carolina, but they do informally accept the permit. North Carolina's permit is valid in approximately thirty-three states, more than any other CHP.[239][240]
Open Carry is also legal throughout North Carolina[241] except within the town of Cary, which forbids it by local ordinance. In the city of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable handguns are more often associated with criminal activity. No permit is required to carry a handgun openly in North Carolina.
North Carolina is a Common Law State.[242] Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances.[243] In State v. Robert S. Huntley, it was ruled, in part:
It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements--as a part of his dress--and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment. But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (sic) offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.[244]
Because of State v. Huntley, and other court rulings,[243] caution is urged as to the areas a person frequents with firearms.[245]
North Dakota
North Dakota[246] is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for three years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle. Concealed carry is not allowed in an establishment that sells alcoholic beverages or in a gaming site. Concealed carry is also not allowed, unless permitted by local law, at a school, church, sporting event, concert, political rally, or public building.[247][248][249][250]
North Dakota has state preemption of firearms laws. No political subdivision may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law.[251]
Firearms manufacturers, distributors, and sellers are not liable for any injury suffered because of the use of a firearm by another. However, they may be sued for breach of contract or warranty, or for defects or negligence in design or manufacture.[252]
Ohio
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase?
No
No
None
Firearm registration?
No
No
None
No
"Assault weapon" law?
No
No
None
Magazines holding over 31 rounds makes the weapon an "automatic firearm" subject to law accordingly
Owner license required?
No
No
None
No
Carry permits issued?
No
Yes
O.R.C. 2923.16
Shall Issue - 12 hour training required
State Preemption of local restrictions?
Yes
Yes
O.R.C. 9.68
Full Preemption - Affirmed by City of Cleveland vs. State of Ohio
NFA weapons restricted?
Partial
Partial
O.R.C. 2923
It is a violation of state law to possess NFA weapons except as permitted by federal law.
Peaceable Journey laws?
No
No
None
Federal rules observed.
The Ohio constitution acknowledges the right to keep and bear arms. Ohio law provides very few additional restrictions on gun ownership and transactions than the restrictions provided by Federal Law. Ohio gun law relates mostly with the carrying and transportation of guns.
In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code [O.R.C.] 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.[253]
The statute prohibits any person with any drug conviction from receiving a license, as well as any person convicted of a felony and those who have been convicted of certain misdemeanor crimes of violence within three years (ORC 2923.125).
Per O.R.C. 9.68, all firearm laws in Ohio, except those restricting the discharge of firearms, supersede any local ordinances. This restriction on municipalities was upheld by the Ohio Supreme Court in the cases of OFCC vs. Clyde (2008) and City of Cleveland vs. State of Ohio (2010).
Ohio's concealed handgun law allows for reciprocity with other states with "substantially comparable" statutes, and to date Ohio has reciprocity with 20 other states. Such written agreements allow permit holders from each state to carry in the other. Many other states, such as Indiana and Arizona, recognize Ohio permits in their state without reciprocity, meaning Ohio does not in turn recognize permits issued by that state.
An Ohio concealed carry license does not allow totally unfettered carry. Any owner of private property can ban concealed handguns by posting a sign in clear view. Additional "no-carry" zones are mandated by O.R.C., including most government buildings, churches, school property, and businesses serving alcohol (note on 6/30/11 Governor Kasich signed senate bill 17 which generally allows possession of a firearm in a business serving alcohol by a licensed concealed carry holder as long as the holder is not under the influence of alcohol or other drugs and is not consuming either on the premises. This law takes effect 90 days from signing which is 9/30/11.) Various other exceptions to these no-carry zones are also given.
Ohio is a traditional open-carry state. The open-carry of firearms by those who legally possess the firearm is a legal activity in Ohio with or without a permit. While legal, the practice is not common in urban areas and often results in police responding. Various cases of harassment by police on those open carrying have been documented.
Non permit holders and all users of long guns have much stricter rules for carrying firearms in their vehicles. Ohio statute O.R.C. 2923.16 allows for three ways for those not licenced to carry a concealed firearm to transport firearms in a motor vehicle. The firearm(s) must be unloaded (by O.R.C. 2923.11 unloaded includes an empty clip) and carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
For those who are licensed concealed carry permit holders; in most circumstances they may carry a loaded firearm in a vehicle provided it is either:
1. In a holster on the licensee's person
2. In a closed case, in plain sight, with a zipper, snap or
buckle which must be opened to gain access to the
firearm. or
3. In a glove compartment, center console or locked case.
Note (On 6/30/11 Governor Kasich signed senate bill 17 which
generally removes the restrictions on how a firearm must
be carried in a vehicle by a licensed concealed carry
holder. The bill specifically mentions the repeal of the
requirements above under most circumstances. Some
restrictions are not mentioned by the bill including
those on long guns. There are also restrictions on
handling/moving concealed firearms in situations
involving contact with law enforcement officers. Other
restriction also apply.
This law takes effect 90 days from signing which is
9/30/11.) End of Note
Oklahoma
Main article: Gun laws in Oklahoma
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase?
No
No
–
None
Firearm registration?
No
No
–
None
"Assault weapon" law?
No
No
–
None
Owner license required?
No
No
–
None
Carry permits issued?
No
Yes
–
None
State Preemption of local restrictions?
Yes
Yes
–
–
NFA weapons restricted?
No
No
–
Residents of Oklahoma who own NFA regulated firearms or items must comply with all federal laws and regulations.
Buying, Selling, and Owning Firearms
Under state law, you must be 18 to buy a firearm of any type (handguns or long guns) from a private seller. To purchase a handgun from a licensed dealer, you must be 21 years of age under federal law, however. Felons, mentally ill persons, illegal aliens, and certain juvenile offenders are prohibited from buying or owning firearms. You must be 18 years of age to possess or own firearms, with a few exceptions for special circumstances. When purchasing a handgun from a dealer, in addition to federal background checks, you must pass an Oklahoma State Bureau of Investigation background check. This process (passing the background check) usually only takes a few minutes, but in rare cases can take up to a week. There is no limit to the number of firearms that a person may buy or own under state law.
Owning or possessing a short-barreled shotgun or rifle is illegal and a felony under state law, unless the short barreled firearm is registered under the National Firearms Act. Owning or possessing an automatic firearm is not illegal under state law, but is still illegal under federal law unless the automatic firearm is registered under the National Firearms Act. Local and State authorities are not obligated to enforce federal firearms law or notify federal authorities of federal firearms law violations, however they may, or may not, chose to do so.
Sections 1289.1 through 1289.17 of Title 47 Oklahoma Statutes, may be known and cited as the "Oklahoma Firearms Act of 1971". And does contain any and all information regarding "Oklahoma Carry".
Carrying Concealed Firearms
Concealed carry of firearms in public circumstances or on public land requires a concealed carry permit, issued by an authority of the state government. Individuals must pass an extensive background check, meet certain requirements, be at least 21 years of age, and pass a firearms handling and safety course to be issued a permit.
Individuals possessing concealed carry permits may not carry concealed firearms of greater than .45 caliber. Individuals with concealed carry permits may not carry concealed in an establishment whose primary purpose is the serving of alcoholic beverages. Concealed carry permit holders may notconsume alcoholic beverages while carrying concealed. Doing so will result in revocation of carry permit and possible criminal charges. Concealed carry with permit is allowed in an establishment that serves alcoholic beverages, (such as a restaurant that serves alcoholic beverages) as long as that is not the primary purpose of said establishment. Concealed carry permit holders cannot carry in the immediate vicinity of a major sporting event, or in most government buildings. Concealed carry permit holders must have their license on their person while they are carrying concealed.
Concealed Carry Reciprocity
Oklahoma recognizes and legally respects all and any out of state concealed carry permits, even if the issuing state does not recognize an Oklahoma concealed carry permit.
Oklahoma §21-1290.26. reads "The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state. Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid. The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state."
Transporting Firearms
Individuals with hunting licenses may open carry loaded firearms when hunting during hunting season. All other Open Carry of loaded long guns or handguns in a public setting or on public or government land is illegal under state law, even if the individual open carrying possess a concealed carry permit. Carry of unloaded, cased firearms is allowed while on foot, just as it is allowed while traveling in a vehicle. Firearms carried by pedestrians must be both completely unloaded and cased. Firearms being improperly transported in any way may be immediately confiscated by police without compensation. When carrying firearms in an motor vehicle, (when traveling on public land or roads) they must be out of reach of the driver, unloaded, and cased. Persons possessing a concealed carry license may carry a concealed, loaded handgun inside their vehicle on their person, just as they are permitted to do so on foot.
Carry on Private Property
Open or concealed carry of a firearm on privately owned land or inside a residence (such as a backyard, in your own home, or a large farm) is legal for persons 18 years and older who can legally possess firearms, and no permit is required. However, if a disturbance is caused, such carry could be construed as Disturbing the peace by law enforcement. Additionally, brandishing a firearm without good, legal cause (such as self defense, defense of another, or lawful defense of property) is illegal. Carrying a firearm on private property generally requires the consent/permission of the property owner.
Prohibited Places and Authorized Persons
Carrying of any firearms or weapons in a government building or on school grounds is illegal and a felony, even if the citizen carrying possesses a concealed carry permit. The only exceptions to this law are for licensed government or security personnel, such as state police officers, agents of the federal government, and certain security guards. Security guards of at least 21 years of age may receive a license to possess firearms during the course of their official duties if they meet certain requirements. Security guards are not authorized to carry firearms outside of their official duties.
Concealed Carry On Campus
Concealed carry permit holders are not allowed to carry on college campuses. Doing so will usually result in serious criminal charges, and permanent permit revocation. There is an exception to this rule, but it is very specific, and rarely utilized. In order for a concealed carry permit holder to carry on a college campus in complete legality, they must obtain written permission from the president of the specific college where they wish to carry. The president may issue restrictions or conditions on the permission to carry on campus. Also, a physical copy of the written authorization must be carried by the permit holder while they are carrying concealed on campus. Very few, if any, concealed carry permit holders ever receive authorization to carry a concealed firearm on any college campus in the state, due to these restrictions.
Specific Crimes with Firearms
Carrying a firearm while substantially intoxicated by alcohol or another drug is a gross misdemeanor, punishable by several weeks to months in jail. Carrying a firearm in a bar or liquor store without a permit is a felony. Being in possession of a firearm or imitation firearm while committing a crime of violence is a felony, regardless of whether or not the firearm or imitation firearm is used in the commission of the said crime of violence. Intentionally discharging a firearm in the commission of a crime of violence is a felony.
Intentionally discharging a firearm into, or at, any dwelling, or any building used for public or business purposes, is a felony, regardless of whether or not the dwelling or building is occupied.
Intentionally pointing a firearm, loaded or unloaded, at a person, is a misdemeanor punishable by several months in jail, and may be prosecuted as a felony, with additional penalties, if the purpose of such pointing was to cause fear, emotional distress, or to intimidate.
Discharging a firearm within a municipality (inside city limits) is illegal, even if a firearm is discharged on private property. State-licensed shooting ranges are exempt from this law.
It is a felony to possess, use, attempt to use, carry, manufacture, cause to be manufactured, import, advertise for sale, or sell ammunition which has "a core of less than sixty percent (60%) lead" and also "has a fluorocarbon coating, which is capable of penetrating body armor".
The State of Oklahoma preempts all local regulation of firearms.
Right to Keep and Bear Arms in State Constitution
Section 26 of the bill of rights to the Constitution of the State of Oklahoma states, "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons. "
Oregon
In Oregon, the right to bear arms is protected by Article 1, Section 27 of the state constitution.[254]
Oregon is a shall-issue concealed-carry state[255] and is notable for having very few restrictions on where a concealed firearm may be carried.[256] Oregon also has statewide preemption for its concealed-carry laws—meaning that, with limited exceptions, counties and cities cannot place limits on concealed-carry beyond those provided by state law.[257]
Oregon is also an open-carry state,[258] but preemption does not apply to open carry, so cities and counties are free to limit public possession of firearms by individuals who do not have a concealed carry permit.[259] The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence have banned loaded firearms in all public places.[260]
Generally there is no reciprocity with other states concealed handgun licenses. If you want to carry a concealed handgun in Oregon, you will need an Oregon Concealed Handgun License.[261]
The Constitution of Pennsylvania protects the right of citizens to bear arms in defense of themselves and the State. The State preempts local regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition, or ammunition components.[262][263]
Pennsylvania law requires that information received by the Pennsylvania State Police pursuant to a sale is destroyed within 72 hours of the completion of the background check.[262][263] The Pennsylvania Firearm Owners Association states that the Pennsylvania State Police keep a "Sales Database" of all handguns purchased within the State.[264] The Pennsylvania Supreme Court ruled in Allegheny County Sportsmen’s League v. Rendell, 860 A.2d 10 (Pa. 2004), that Pennsylvania’s database of handgun sales is not prohibited by State law.[265]
No firearms are known to be prohibited by State law. Private sales of handguns must go through a licensed dealer, though long guns may be sold privately without the use of a licensed dealer. Licensed dealers must provide locking devices with handguns unless the handgun has a locking device incorporated in its design. Firearms are prohibited from certain places, including court facilities. Concealed carry on school property is currently an unsettled area of the law with many in law enforcement arguing that the practice is absolutely prohibited and firearms right supporters arguing that 18 Pa.C.S. 912(c) permits those we a concealed carry license to carry on school grounds as an "other lawful purpose." Carrying a handgun on public streets and public property of Philadelphia, or in a vehicle anywhere in the state, or concealed on or about one's person anywhere in the state is prohibited without a License To Carry Firearms (LTCF) or a license or permit issued by another state which is honored by Pennsylvania for that purpose.[262][263] A LTCF is generally not required to openly carry a firearm on or about one's person, except in a vehicle or in Philadelphia, or during a declared State of Emergency.[266]
Pennsylvania shall issue a LTCF to resident and non-resident applicants if no good cause exists to deny the license. Non-resident applicants must first obtain a license from their home state, unless their home state does not issue licenses.[262][263]
Constitutional Provision
Article I. Declaration of Rights, § 21. Right to bear arms
The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.
Preemption and Local Regulation
18 Pa.C.S.A. § 6120. Limitation on the regulation of firearms and ammunition.
The State preempts regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components.
Registration
18 Pa.C.S.A. § 6111.4. Registration of firearms
Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth.
Information received by the Pennsylvania State Police pursuant to a sale, shall be destroyed within 72 hours of the completion of the background check.[267]
18 Pa.C.S.A. § 912. Possession of weapon on school property
Elementary or secondary school buildings, grounds, and conveyances with the possible exception of licensed concealed carry pursuant to 18 Pa.C.S. 912(c).
18 Pa.C.S.A. § 913. Possession of firearm or other dangerous weapon in court facility
Court facilities, except certain persons and in compliance with certain rules.
Notice must be posted at each entrance.
Lawfully carried firearms may be checked into a locker within the building containing the court facility.
18 Pa.C.S.A. § 6106. Firearms not to be carried without a license
In a vehicle, except certain persons or in compliance with certain rules
18 Pa.C.S.A. § 6107. Prohibited conduct during emergency
Public streets and public property during a proclaimed State or municipal emergency, except certain persons or in certain circumstances.
18 Pa.C.S.A. § 6108. Carrying firearms on public streets or public property in Philadelphia
Public streets and public property in Philadelphia, except certain persons.
Prohibited Persons
18 Pa.C.S.A. § 6110.1. Possession of firearm by minor
Persons under 18 years of age may not possess certain firearms, except while under adult supervision or while lawfully hunting or trapping.
18 Pa.C.S.A. § 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms
Persons subject to an active protection from abuse order which provides for the relinquishment of firearms.
Persons convicted of an offense enumerated in Title 18 § 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.
18 Pa.C.S.A. § 6105.1. Restoration of firearm rights for offenses under prior laws of this Commonwealth
Certain prohibited persons may be eligible to have their firearm rights restored.
Manufacturing
Transfer, Purchase, Sale
18 Pa.C.S.A. § 6111. Sale or transfer of firearms
Licensed sellers must perform background checks.
Private sellers of handguns, and rifles and shotguns under a certain length, must use a licensed seller to conduct the transaction.
The licensed seller will conduct the transaction as if he were the seller of the firearm, which includes a background check.
Long guns may be sold privately without the use of a licensed seller.
18 Pa.C.S.A. § 6142. Locking device for firearms
Licensed sellers must provide a locking device for handguns unless the firearm already incorporates a locking device.
Transportation and Carry
18 Pa.C.S.A. § 6106. Firearms not to be carried without a license
A License To Carry Firearms (LTCF) is required in order to carry firearms in a vehicle or concealed on or about one's person.
A LTCF is generally not required to openly carry a firearm on or about one's person, except in a vehicle or in Philadephia.[266]
18 Pa.C.S.A. § 6108. Carrying firearms on public streets or public property in Philadelphia
A LTCF is required in order to carry firearms on public streets and public property in Philadelphia.
18 Pa.C.S.A. § 6107. Prohibited conduct during emergency
A LTCF is required in order to carry a firearm on public streets and public property during a proclaimed State or municipal emergency, except certain persons or in certain circumstances.
18 Pa.C.S.A. § 6109. Licenses
Pennsylvania shall issue a License To Carry Firearms (LTCF) if no good cause exists to deny the license.
Non-residents shall be issued a LTCF only if they have a license from their home state, unless their home state does not issue licenses.
Certain persons, enumerated in 18 Pa.C.S.A. § 6109, shall be denied an LTCF.
The Pennsylvania Attorney General maintains formal reciprocity agreements with some other states for the recognition of licenses and permits.[268]
A valid license or permit to carry firearms issued by any state, is valid for carrying a firearm in a vehicle, per 18 Pa.C.S.A. § 6106(b)(11)
All purchasers of firearms must complete and pass a safety exam managed by the RI Department of Environmental Management, at which time they will receive a DEM issued "blue card" allowing purchase.
State law mirrors Federal law to a limited degree but does not make any provision for transport of rifles and explicitly states that an individual transporting a weapon must have a valid permit in another state. The State may also adhere to federal law but this is unclear and there does not appear to be any statewide policy.
Rhode Island is a hybrid shall/may issue state. The 'local licensing authority' of each town (police chief or town council if the locality has no police force) is given the authority to issue on a shall basis (RI Gen. Stat. 11-47-11) but many police chiefs and town officials refuse to issue, violating state law. Often an applicant will be referred to the attorney general which is a 'may' issue licensing authority (RI Gen. Stat. 11-47-18). However, the 'shall' nature of the applicable statute is confusing, stating that the applicant should have 'good reason to fear an injury to his or her person or property or has any other proper reason for carrying a pistol or revolver'. Some local police chiefs disregard the 'proper reason' clause and require a letter of need. Most local police chiefs also use the AG's application (which does require need) and thus the chiefs simply follow suit. In the case of an attorney general's application, the local police chief has to sign ones application to 'verify residency' before one can submit the application to the attorney general. But, before he signs the application he may have the person applying take an NRA Safety Course from a Certified NRA Instructor within the state. State law does require an applicant for either permit to pass a skill test using the Army-L target at 25 yards, to be certified by a police official or a certified NRA instructor (RI Gen Law 11-47-15 and RI Gen. Stat. 11-47-16). In most cases, the AG will not issue a permit unless the demonstrated need is extremely convincing (work purposes, threat to one's life, etc). Upon denial, applicants are offered the opportunity to appeal, requiring an interview with Bureau of Criminal Investigation staff. This often results in the issuance of a restricted permit, often for target range use. However, state law does not grant the AG the authority to issue restricted permits and state law explicitly states that carrying a firearm to a target range does not require a permit.
Non-resident permits can theoretically be issued by any locality under 11-47-11 but it is unclear how many have ever been issued and considering the general antagonism of local police chiefs towards concealed carry, it seems unlikely that such a permit would be issued. 11-47-8 does allow an out-of-state permit carrier to carry concealed in Rhode Island as long as they are ONLY traveling through the state.
Rhode Island does have a moderately strong Castle Law RI Gen. Stat. 11-8-8, limited to the inside of a dwelling or chicken coop, with no duty to retreat.
South Carolina
South Carolina is a "shall issue" concealed carry permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car. It is unlawful to carry a firearm onto private or public school property or into any publicly owned building except interstate rest areas without express permission. Open carry is not allowed, but no permit is required to carry a loaded handgun in the console or glove compartment of a car. As of September 12, 2008, states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Texas, Tennessee, Virginia, West Virginia, and Wyoming.[269][270]
South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[271]
A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.
South Carolina also has the “alter-ego” rule with respect to the defense of others, under which a person who uses deadly force to defend a friend, relative or bystander will be allowed the benefit of the plea of self-defense if that plea would have been available to the person requiring assistance if they had been the one who used deadly force. In other words, the person intervening is deemed to “stand in the shoes” of the person on whose behalf he is intervening. If that individual “had the right to defend himself, then the intervening party is also protected by that right. To claim self defense, a person has to be in a place they have a legal right to be, not be involved in any illegal activity, must not have started the confrontation, and must be in imminent danger of death or serious bodily harm.
South Dakota
South Dakota is a "shall issue" state for concealed carry. The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.[272][273][274][275]
Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.
When buying a handgun from a Federal Firearms License (FFL) holder, an application to purchase a handgun must be filled out by the buyer and submitted to the local police by the seller. Beginning June 1, 2009, anyone who passes the federal background check will be able to take possession of any firearm immediately, per SB0070.[276]
South Dakota has state preemption of firearms laws. Units of local government may not restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.[277] Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.[278]
Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry is generally illegal. Those with a Handgun Carry Permit(HCP) holders may have loaded longs in a private vehicle so long as there is not a round in the chamber 39-17-1307(e) There are also other exceptions (like for hunting) listed in 39-17-1307
Tennessee is an anomalous State. The Legislature made a loop hole for cities and municipalities with laws in effect prior to April 8, 1986. The local ordinances in effect before April 8, 1986 pre-empt State law see TCA 39-17-1314(a). Local governments may post signs per 39-17-1359 to prohibit carry on government property, just like private property owners.
NFA weapons restricted?
No
No
None
On July 1, 2003 public chapter 275 is in effect. It requires the CLEO, chief law enforcement officer, to sign NFA paperwork in 15 days if the applicant is not prohibited from possessing firearms. see TCA 39-17-1361 .
There is not duty to retreat before using deadly force, as long as you are acting lawfully and are in a place you have a right to be in. It is presumed you had a reasonable fear of imminent death or serious bodily injury if someone unlawfully and forcibly enters a residence, business, dwelling or vehicle.
Places off-limits even with a Handgun Carry Permit
Location
Relevant Statutes
Notes/Exceptions
Places open to the public that serve alcohol for on-site consumption except places licensed as a restaurant, provided one does not consume alcohol
The exception for restaurants was declared unconstitutional in November 2009, due to the definition of a restaurant being vague. It was re-passed with different verbiage over a Governor's veto in June 2010.[10]
Any room where a judicial proceeding is taking place
If a proceeding is not taking place in a courtroom, then carry would be legal. If a judicial proceeding is taking place in any room, say a hospital room, then carry would be illegal
Carry is legal (affirmative defense) if you are entering the property solely to pick up or drop off passengers and you do not remove, utilize or allow to be removed or utilized the weapon from the vehicle. 39-17-1310(4)
If you have a HCP carry in State and local parks is legal by default. However Local governments per 39-17-1311(d) may vote to make carry illegal in the parks under their control. If a local park is being used for a school activity, then it is off-limts per 39-17-1309 during the activity. Metro Nashville parks are off limits, but are not posted. See TN AG Opinions 09-129 & 09-160
Any area/building/property posted with a sign per 39-17-1359
The code says the wording of the sign must be visible and "substantially similar" to that used in the code not exact, however it has never been legally defined what substantially similar means. See TN AG Opinion 07-43
Tennessee State Constitution, Article I, Section 26, reads:
That the people have the right to keep and bear arms for their common defense; but the Legislature shall have the power, by law, to regulate the wearing of arms with a view to prevent crime.
State supreme court rulings and state attorney general opinions interpret Section 26 to mean regulation cannot and should not interfere with the common lawful uses of firearms, including defense of the home and hunting, but should only be aimed at criminal behavior. Andrews v State 1870 and Glasscock v Chattanooga 1928 defined the meaning of regulating arms. "Going armed", carrying any sort of weapon for offense or defense in public, is a crime, except carrying a handgun for defense is allowed with a state-issued permit. At one time, Tennessee required a purchase permit for a handgun approved by one's city police chief or county sheriff with a fifteen-day waiting period; that was replaced under the federal Brady Act with the Tennessee Instant Check System (TICS). Handguns in Tennessee are defined as having a barrel length of less than twelve inches see TCA 39-11-106.
Texas
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase?
No
No
None
Must be 18+ to purchase a long gun from a dealer or private seller, 21+ to purchase handgun.
Firearm registration?
No
No
None
"Assault weapon" law?
No
No
None
Owner license required?
No
No
None
Carry permits issued?
No
Yes
GC Ch. 411 Subch H, PC 46.15
Concealed carry of a handgun requires a "shall-issue" permit. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is not specifically prohibited as PC 46.02 (unlawful carry of weapons) only mentions handguns, however it may be construed as "Disorderly Conduct".
State Preemption of local restrictions?
Yes
Yes
LGC §229.001.
FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
NFA weapons restricted?
No
No
PC 46.01(9), PC 46.05
State law prohibits ownership outside of NFA compliance, calling possession while in compliance "a defense to prosecution."
Peaceable Journey laws?
Yes
Yes
PC 46.02, PC 46.15
A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control.
Castle Doctrine?
Yes
Yes
PC 9.32
A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling. There is no duty to retreat from any place where the shooter has a legal right to be.
A notice stating that the Turman Halfway House in Austin, Texas prohibits concealed handguns. It should be noted that this sign uses obsolete wording, and is no longer enforceable under current Law.[279]
Texas has no laws regarding possession of "long-barreled firearms" or "long guns" (shotguns, rifles and similar) or handguns by persons 18 years or older without felony convictions. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden (preempted) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime".[280] Penal Code Section 1.08 also prohibits local jurisdictions from enacting or enforcing any law that conflicts with State statute. Local ordinances restricting discharge of a firearm are generally allowed as State law has little or no specification thereof.
There is no legal statute specifically prohibiting the carry of a firearm other than a handgun, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). Open carry of a handgun in public is generally illegal in Texas due to PC 46.02; exceptions are detailed in that section and in 46.15, and include when the carrier is on property he/she owns or has lawful control over, while legally hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.
The concealed handgun law sets out the eligibility criteria that must be met. For example, an applicant must be qualified to purchase a handgun under the state and federal laws, however an exception is granted to members of the military who are age 18 and over. Additionally, a number of factors may make a person ineligible (temporarily or permanently) to obtain a license, including: felony convictions (permanent) and Class A or B misdemeanors (5 years, permanent in cases of domestic violence), including charges that resulted in probation or deferred adjudication; pending criminal charges (indefinite until resolved); chemical or alcohol dependency (defined as 2 convictions for substance-related offenses; 10-year ban from the date of the first conviction); certain types of psychological diagnoses (indefinite until the condition is testified by a medical professional as being in remission); protective or restraining orders (indefinite until rescinded); or defaults on taxes, governmental fees, child support (indefinite until resolved).[281] This last category, though having little to do with a person's ability to own a firearm, is in keeping with Texas policy for any licensing; those who are delinquent or in default on State-regulated debts are generally barred from obtaining or renewing any State-issued license (including driver licenses), as an incentive to settle those debts.
A person wishing to obtain a CHL must also take a State-set instruction course covering topics such as applicable laws, conflict resolution, criminal/civil liability, and handgun safety, and pass a practical qualification at a firing range with a weapon of the type they wish to use (revolver or semi-automatic) and of a caliber greater than .32". They may then apply, providing a picture, fingerprints, other documentation and typically, a $140 fee ($70 for renewals) to the DPS, which processes the application, runs a federal background check, and if all is well, issues the permit. Permits are valid for five years, and allow resident holders to carry in 29 other states (nonresidents may carry in all but 3 of those), due to reciprocity agreements.[282] CHL fees vary from $0 for active duty military (through one year after discharge), to $70 ($35 renewal) for veterans.
On March 27, 2007, Governor Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007.[283] Residents lawfully occupying a dwelling may shoot a person who "unlawfully, and with force, enters or attempts to enter the dwelling", or who removes or attempts to remove someone from that dwelling, or who commits or attempts to commit a "qualifying" felony such as burglary, arson, rape, aggravated assault, robbery or murder. In addition, a shooter who has a legal right to be wherever he/she is at the time of a defensive shooting has no "duty to retreat" before being justified in shooting; the "trier of fact" may not consider whether the person retreated when deciding whether the person was justified in shooting.
Gov. Perry also signed H.B. 1815, a bill that allows any Texas resident to carry a concealed handgun in the resident's motor vehicle without a CHL or other permit.[284] Chapter 46, Section 2 of the Penal Code states that it is in fact not "Unlawful Carry of a Weapon" for a person to carry a weapon while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; and (3) the carrier cannot be a member of a criminal gang.[285][286]
Possession of automatic firearms, short-barreled shotguns or rifles, or silencers is permitted, if the weapons have been federally registered in accordance with the National Firearms Act.[280]
Utah
Main article: Gun laws in Utah
Subject/Law
Long guns
Handguns
Relevant Statutes
Notes
State Permit to Purchase?
No
No
None
Utah charges a $7.50 fee for an instant background check. This fee is waived for persons with a Utah issued Concealed Firearm Permit.
Division duties—Permit to carry concealed firearm.
The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless during the 60-day period the division finds proof that the applicant is not of good character.
"... All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
The only mention of NFA weapons in Utah law is possession of a sawed-off shotgun on school premises. The penalty is the same as a normal firearm, and there is no exemption for concealed firearm permit holders.
(g) a nonresident traveling in or through the state, provided that any firearm is: unloaded; and securely encased as defined in Section 76-10-501. Handguns may be loaded in any vehicle under the person's control.
Force in defense of person—Forcible felony defined.
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
Utah allows for open carry of unloaded firearms without a concealed firearm permit. "Unloaded" as it applies here, means that there is no round in the firing position, and the firearm is at least two "mechanical actions" from firing. As carrying the firearm with the chamber empty, but with a full magazine, meets this definition (the handler must chamber a round, and then pull the trigger), this is a common work around for Utah residents who do not wish to acquire a permit. Without the permit, the firearm must be clearly visible. Utah requires a permit to carry a concealed firearm. With a permit, a person may carry a firearm with a loaded chamber either openly or concealed. Utah will honor a permit issued by any state or county.
Utah law allows for a "Non-Resident" Concealed Firearm Permits to be issued. The Utah Concealed Firearm Permit is valid in thirty-four states across the US. However there are several states that have passed statutes that do not honor a "Non-Resident" permit. For example, Colorado will honor Utah's permit, but the permitee must be a resident of Utah for his permit to be valid. Utah concealed firearm permits are "shall issue" and will be issued to anyone meeting the requirements.
Utah law recognizes a permit to carry a concealed firearm issued by any state or county (76-10-523(2)(b)).[287]
Utah is a "Stand Your Ground" state, in which there is no duty to retreat before use of deadly force, the person reasonably believes that a perpetrator is going to commit a forcible felony in the habitation, and that the force is necessary to prevent the commission of the felony.[288]
In Utah a person may carry firearms in many places not allowed by other states, including (but not limited to): banks, bars, and state parks. With a valid Utah concealed firearm permit you may also carry in schools (K-12 and public colleges). Utah's Uniform Firearm Laws expressly prohibits public schools from enacting or enforcing any rule pertaining to firearms. Accordingly, Utah is the only state in the Union that requires public schools to allow lawful firearms possession.[289]
Vermont has very few gun control laws. Gun dealers are required to keep a record of all handgun sales. It is illegal to carry a gun on school property or in a courthouse. State law preempts local governments from regulating the possession, ownership, transfer, carrying, registration or licensing of firearms.[290]
The term "Vermont Carry" is widely used by gun rights advocates to refer to allowing citizens to carry a firearm concealed or openly without any sort of permit requirement, however this term is being replaced by the term "Constitutional Carry". Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry while in Vermont.
The Vermont Constitution of 1775, dating well before the Bill of Rights to a time when Vermont was an independent republic, guarantees certain freedoms and rights to the citizens: "That the people have a right to bear arms for the defence of themselves and the State — and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power."[291]
Localities may regulate the transportation of a loaded rifle or shotgun, require fingerprinting for concealed handgun permits, regulate the use of pneumatic guns, and the possession and storage of firearms by persons who provide child-care services.
Places of religious worship, without good and sufficient reason. The Attorney General has opined that personal protection constitutes a good and sufficient reason.
Courthouses.
Air carrier airport terminals.
Certain high-capacity firearms in public places in certain counties and cities; except certain persons.
Public, private or religious elementary, middle or high schools and associated buildings, grounds, buses, and events; except certain persons.
Wildlife Management Areas, except certain persons.[297]
National Forests in Virginia, except certain persons.[297]
State Forest restrictions on lawfully carried firearms and ammunition were repealed.[298]
On George Mason University property in academic buildings, administrative office buildings, student residence buildings, dining facilities, or while attending sporting, entertainment or educational events; except police officers.
Anywhere on a Virginia Commonwealth University campus, without the written authorization of the president of the university; except persons whose duties lawfully require the possession of firearms.
The Capitol and the General Assembly building; except for members of the General Assembly, persons with concealed handgun permits, and law enforcement personnel.
Manufacturers must keep a record of all machine guns, sawed-off rifles and sawed-off shotguns that they manufacture.
Manufacturers are subject to police inspection of their stock of machine guns, sawed-off rifles, and sawed-off shotguns.
It is unlawful to manufacture firearms containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver.
There is no law against a law-abiding citizen openly carrying a firearm, therefore it is legal and no permit or license is required.[299]
"Open carry" is the carrying of a firearm that is not concealed. Virginia defines concealed as "hidden from common observation" and "a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature."
Only persons who hold certain positions, comply with certain rules or restrictions, and/or who have a Concealed Handgun Permit (CHP) may carry concealed handguns.
Virginia issues a CHP to residents and non-residents.
CHP applicants must provide proof of demonstrated competence with a handgun.
Some persons are deemed disqualified from obtaining a CHP, even though they may lawfully possess and carry a firearm.
Virginia maintains concealed handgun permit reciprocity with other States and recognizes some licenses from other States without a formal reciprocity agreement. The list of such states is maintained by the Virginia State Police.[300]
Consuming an alcoholic beverage in ABC on-premise licensed restaurants and clubs, while carrying a concealed handgun, is prohibited. Openly carrying and consuming an alcoholic beverage is permitted. No person may carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs.
§ 18.2-308, which regulates concealed weapons, shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, being "under the influence", § 18.2-308 shall not apply to:
Any person while in his own place of business;
Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;
Certain current and retired law-enforcement officers and certain State employees.
v· Constitution of Virginia protects the right of the people to keep and bear arms from government infringement.[301] The Commonwealth of Virginia preempts local regulation of several aspects of firearms, though some local regulation is explicitly permitted. Virginia passed the Uniform Machine Gun Act, which was drafted by the National Conference of Commissioners on Uniform State Laws.[302][303] The only firearms in Virginia that are prohibited are the Armsel Striker, also known as the Striker 12, similar shotguns, and any "plastic firearms." Firearms that contain at least 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver, and when subjected to x-ray machines, generate an image that accurately depicts its shape, do not fall under the prohibition.[304] For example, Glock pistols which have polymer frames and metal slides and barrels are legal. There are no magazine capacity limitations, except that a concealed handgun permit is required in order to carry magazines with more than 20 rounds in some urban, public areas.[292][293]
Prohibited places include courthouses, air carrier terminals, schools, Capitol and General Assembly buildings (open carrying only, members of the General Assembly and those with a valid CHP are permitted in the Capitol General Assembly buildings), and churches, though some exceptions apply, including a 2011 Attorney General opinion that personal protection constitutes good and sufficient reason to carry at a church.[305] George Mason University, Virginia Commonwealth University, Department of Game and Inland Fisheries, and the Department of Conservation and Recreation also have regulations restricting or prohibiting firearms. The Department of Forestry repealed its prohibition on the possession of firearms in designated recreation areas. The Department of Forestry's regulations no longer prohibit the lawful carrying of firearms and ammunition. The new regulation took effect July 7, 2011.[295][297][298][306] There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions. Licensed dealers must have the Virginia State Police conduct a background check prior to completing the sale of certain firearms. Persons who are not in the business of selling firearms, but make occasional, private sales, are not required to perform a background check before selling their firearms. A person may not purchase more than one handgun per 30 day period, though some exceptions apply; most significantly, holders of valid Concealed Handgun Permits (CHP) from Virginia are exempt from this restriction.[292][293]
Open carry of a handgun without a permit is legal in Virginia at age 18, withstanding other applicable laws. Concealed carry of a handgun is prohibited except for persons who hold a valid CHP, comply with certain restrictions, or who hold certain positions. Virginia shall issue a CHP to applicants over 21 years of age, provided that they meet certain safety training requirements and do not have any disqualifying criminal convictions. Consuming an alcoholic beverage in ABC on-premise licensed restaurants and clubs, while carrying a concealed handgun, is prohibited; nor may any person carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs. Those laws pertaining to alcohol do not apply to openly carried handguns, however possession of a firearm can compound the penalty for various other offenses, including illegal drug possession.[292][293][307]
Localities may regulate the discharge of firearms, the possession of firearms in municipal stadiums and convention centers, and the location of a business selling firearms; though, some exceptions apply.
Washington Administrative Code regulates the storage of ammunition and firearms in places such as home child care, domestic violence shelters; and prohibit the possession or storage of ammunition near certain explosives or on the premises of emergency respite centers, teen residential program facilities, and licensed homes and facilities that provide child care.
Any area of a building used in connection with court proceedings.
Restricted access areas of a public mental health facility.
Any portion of an establishment classified by the state liquor control board as off-limits to persons under 21 years of age.
Restricted access areas of a commercial service airport.
State correctional institutions, including buildings and adjacent grounds; concealed pistol license holders are permitted to check their firearms while on the premises.
The site of an outdoor music festival.
State institution for the care and treatment of mental illness.
All facilities owned, leased, or operated by the office of administrative hearings.
Washington State school for the deaf or blind.
Campus or facilities of certain public universities and colleges.
Licensed child care centers.
The grounds of any horse racing association.
In the bed or body of any vehicle containing blasting agents.
In or near a vehicle transporting explosives.
Inside or within 50 feet of any building, structure, or container approved for storage of explosive materials.
The premises of an emergency respite center.
The premises of licensed pregnant and parenting teen residential programs.
The premises of licensed homes and facilities that provide care to children.
The premises of an overnight youth shelter.
A residence operated by the Juvenile Rehabilitation Administration.
State capitol grounds, except persons who hold a valid concealed pistol license.
Public or private elementary school premises, including buses and areas of facilities used exclusively by public or private schools; except concealed pistol license holders while picking up or dropping off a student.
Generally, persons under the age of 18 may not possess a firearm, except while supervised, lawfully hunting, or with the permission of a relative on real property under their control.
Generally, persons over the age of 18 but under the age of 21 may only possess a handgun in the person's home, fixed place of business, or real property under their control.
Persons who have been convicted of a "serious offense" or are free on bond or personal recognizance pending trial, appeal, or sentencing for a "serious offense."
Persons who have been convicted of a felony other than a "serious offense" or of domestic violence.
Manufacturing
Manufacturing regulations unknown
Sale, Purchase, and Transfer
Dealer regulations unknown
Private sale regulations unknown
Gun show regulations unknown
Transportation and Carry
Transportation restrictions unknown
Open carry restrictions unknown
Concealed carry restrictions unknown
v· Constitution of Washington protects an individual's right to bear arms. Several Washington Supreme Court rulings have found, however, that the right is not absolute and is subject to reasonable regulation by the state under its police power.[308] Washington preempts localities from regulating firearms in any manner except as explicitly authorized by the State legislature. Authorized local firearm regulations include:
"Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others."
"Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, except that such restrictions shall not apply to concealed pistol license holders, law enforcement officers, or any showing, demonstration, or lecture involving the exhibition of firearms."
"Restricting the areas in their respective jurisdictions in which firearms may be sold."
Suppressors may be possessed and used in accordance with federal law, use of a suppressor otherwise is a misdemeanor.[310] There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions or who are released on bond or their own recognizance pending trial for certain criminal charges. Machine guns, short-barreled rifles, short-barreled shotguns, and any parts thereof are prohibited.
There is a rather long list of places where the possession or storage of firearms or ammunition is prohibited or otherwise restricted. Statutory law prohibits firearms in places such as areas of buildings used for court proceedings, certain areas of public mental health facilities, establishments which serve alcohol and are off-limits to persons under 21 years of age, restricted-access areas of commercial airports, State correctional facilities, and outdoor music festivals. Administrative law prohibits or otherwise restricts the possession or storage of firearms in places such as the State Capitol grounds, certain schools, premises of the Office of Administrative Hearings, child care centers, horse races, near certain explosive materials, and certain shelters for respite or youths. See the Washington 'infobox' or one of this section's referenced documents for the complete list as well as where exceptions apply for those who hold concealed pistol licenses.
As a general rule, a person may legally open-carry in Washington State in any place it is legal to possess a loaded handgun. To open-carry in a vehicle (i.e., car, bus, etc...) a person must have a valid concealed pistol license. The county sheriff or city police chief shall issue a concealed pistol license to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants.[311][312] Open carrying of firearms is not prohibited by law although trouble with some law enforcement agencies has been encountered while open carrying in the past, most notably in a case in Ellensburg, Washington.[313]
Concealed Weapon Reciprocity
Washington concealed pistol licenses will be recognized in the following states, and concealed weapons licenses issued in the listed states will be recognized in Washington State, so long as the handgun is carried in accordance with Washington law: Arkansas, Florida, Louisiana, Michigan, Mississippi, Missouri, North Carolina, North Dakota, Ohio, Oklahoma & Utah.[314]
Washington State law also carves exemptions into state law regarding Concealed Pistol Licenses. Perhaps the most interesting is RCW 9.41.060, section 8: "Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;".[315] This little known law essentially allows vehicle and concealed carry WITHOUT a CPL as normally required in 9.41.050 as long as you meet the provisions of that section.
Washington is a "Stand Your Ground" state, in which there is no duty to retreat in the face of what would be perceived by an ordinary person to be a threat to themselves or others by another person that is likely to cause serious injury or death. It is a misdemeanor to aim a firearm "whether loaded or not, at or towards any human being". Unless the person is acting in self-defense, they can be charged with "brandishing" and threating someone with a deadly weapon.[316]
Effective July 22nd, 2011, use of a noise suppressor is misdemeanor punishable under chapter 9A.20 RCW., unless the suppressor is legally registered and possessed in accordance with federal law.[317]
The Constitution of West Virginia protects the right of the people to keep and bear arms.[320]West Virginia preempts local regulation of several aspects of firearms, though local regulations which were in effect prior to 1999 were grandfathered.[9][318][319] Further, State agencies and institutions are not precluded from enacting laws which regulate firearms.[321] Charleston, Dunbar, and South Charleston are known to have grandfathered local ordinances which prohibit weapons on city property and in city buildings. The City of Martinsburg is known to have a local ordinance that was passed after 1999, which prohibits weapons in city buildings, that is not grandfathered.[322][323][324]
There are no firearms known to be prohibited by State law. Prohibited places include correctional facilities, primary and secondary school property; buses; and events, courthouses, the State Capitol Complex and grounds, private property where posted, certain areas in Charleston, Dunbar, and South Charleston.[325] There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions or naturalization status. Private sales of firearms, including handguns, are legal and do not require the seller to perform a background check; however, it is unlawful to sell a firearm to a prohibited person.[318][319]
Open carry of a handgun without a permit is legal in West Virginia at age 18, withstanding other applicable laws. Concealed carry of a handgun is prohibited except for persons who hold a valid license or who hold certain positions. West Virginia shall issue a license to carry a concealed handgun to applicants over 21 years of age; or 18 years of age if required for employment; provided that they meet certain safety training requirements and do not have any disqualifying criminal convictions.[318][319]
Localities may not regulate the purchase, possession, transfer, ownership, carry, transportation, sale or storage of any revolver, pistol, rifle or shotgun or any ammunition or ammunition components, except ordinances that were in place prior to 1999.[322]
Charleston City Code § 78-163
Carrying a concealable weapon on or about one's person in Charleston without a state license is prohibited. This statute applies to weapons that are carried openly, but are concealable.[323]
Charleston City Code § 78-165
Carrying a deadly weapon on Charleston city-owned property is prohibited, except law-enforcement officers.[323]
Dunbar City Code § 545.13
Carrying a firearm into City Hall, any municipal building, or a public park in the City of Dunbar is prohibited.[325]
South Charleston City Code § 545.15
Carrying a firearm into any city-owned building, park, or recreation area in the City of South Charleston is prohibited.[325]
Martinsburg City Code § 545.14 (2005)
Prohibits the carry or possession of a firearm, either openly or concealed, on any public property or in any building owned or under the control of the City of Martinsburg. According to the West Virginia Citizens Defense League, this ordinance is not enforceable since it was enacted after the State preemption law took effect.[324]
Carrying a concealable weapon on or about one's person in Charleston without a state license is prohibited. This statute applies to weapons that are carried openly, but are concealable.[323]
Charleston City Code § 78-165
Carrying a deadly weapon on Charleston city-owned property is prohibited, except law-enforcement officers.[323]
Dunbar City Code § 545.13
Carrying a firearm into City Hall, any municipal building, or a public park in the City of Dunbar is prohibited.[325]
South Charleston City Code § 545.15
Carrying a firearm into any city-owned building, park, or recreation area in the City of South Charleston is prohibited.[325]
Martinsburg City Code § 545.14 (2005)
Prohibits the carry or possession of a firearm, either openly or concealed, on any public property or in any building owned or under the control of the City of Martinsburg. According to the West Virginia Citizens Defense League, this ordinance is not enforceable since it was enacted after the State preemption law took effect.[324]
Persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
Habitual alcohol addict;
Unlawful use of any controlled substance;
Adjudicated as a mental defective or involuntarily committed to a mental institution;
An alien illegally or unlawfully in the United States;
Discharged from the armed forces under dishonorable conditions;
Subject to a domestic violence protective order, under some circumstances;
Convicted of a misdemeanor offense of assault or battery, in which the victim was a particular person, such as a current or former spouse or partner, roommate, parent or guardian, or member of the defendant's household at the time of the offense;
Convicted of a felony crime of violence or a felony sexual offense;
Convicted of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, or Schedule II or Schedule III controlled substance and who possessed a firearm.
Certain prohibited persons may be eligible to have their firearm rights restored.
Private sales of firearms, including handguns, are legal and do not require the seller to perform a background check; however, it is unlawful to sell a firearm to a prohibited person.
The West Virginia Attorney General is authorized to enter into and execute reciprocity agreements on behalf of the State of West Virginia as long as they meet certain standards and requirements.
The West Virginia State Police and the West Virginia Attorney General maintain a registry of states with which the State of West Virginia has entered into reciprocity agreements.[327]
Wisconsin
Wisconsin is one of two states that prior to 2011 completely prohibited concealed carry by private citizens.[328] However, the state became a shall-issue jurisdiction effective November 1, 2011, with the signing of the Wisconsin Personal Protection Act by Governor Scott Walker on July 8, 2011.[329] Open carry is legal except where prohibited by law (vehicles, government buildings, schools, establishments that sell liquor for consumption on the premises (unless "the licensee, owner, or manager of the premises, or any employee or agent authorized to possess a handgun by the licensee, owner, or manager of the premises"), state parks, and 1000' from the edge of school property unless on private property)."[330] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin attorney general's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice. Inside vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed and therefore illegal in a 1994 case. Bills to enact "shall-issue" were twice vetoed by Governor Jim Doyle in January 2004 and again in January 2005 after passing in both houses of the Wisconsin legislature. In 2005, the Assembly fell two votes short of overriding Doyle's veto. In 2006, Governor Jim Doyle stated "you want to carry a gun in Wisconsin, wear it on your hip."
Other laws
Possession of a firearm while intoxicated, shooting within 100 yards (91 m) of a home without permission, pointing a weapon at anyone except in self-defense, and negligent handling of a weapon are all outlawed. Statute 941.20
Carrying a concealed weapon is a class A misdemeanor, state statute 941.23. This is any "weapon", not just firearms. Knives are legally defined as "dangerous weapons".
Going armed in any building owned/leased by the government is a class A misdemeanor, state statute 941.235.
Carrying a handgun where alcohol is sold AND consumed is generally a class A misdemeanor, state statute 941.237.
"941.237(2)(2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor." A Class "B" or "Class B" license is defined as:
"Class "B" fermented malt beverage licenses allow retail sale of fermented malt beverages (beer) for consumption on or off the premises. Examples: restaurants, "beer bars."
"Class B" liquor licenses allow retail sale of intoxicating liquor (including wine) for consumption on the premises, and wine in original containers for consumption off the premises. If the community elects to, it may also permit sale of not more than four liters of intoxicating liquor (there are no limits on wine), in the original container, for consumption off the premises. Check local ordinances for the allowance. State law also allows carryout of a single, opened (resealed) bottle of wine if sold with a meal. Examples: taverns and restaurants with full alcohol service."
Therefore it IS legal to carry a handgun into a store that sells alcohol for the express purpose of being consumed elsewhere, i.e a liquor store.
Armor-piercing ammunition in handguns when committing a crime upgrades the crime to a Class H felony. Statute 941.296.
"No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent. Statute 941.2965.
Wisconsin has a state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute 66.0409.
Committing a crime while possessing a dangerous weapon is a penalty enhancer. Statute 939.63.
It is a felony to possess a firearm if you:
Have been convicted of a felony
Adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult would be a felony
Have been found not guilty of a felony by reason of mental disease or defect
Have been committed under mental health laws and ordered not to possess a firearm
Are the subject of a domestic-abuse or child-abuse restraining order
Are ordered not to possess firearms as a subject of a harassment restraining order.
Any person who knowingly provides a firearm to an ineligible person is party to a felony crime. Statute 941.29
Buying and selling
There is a 48-hour waiting period on handgun purchases from an FFL dealer (does not apply to private sales): Statute 175.35
Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies with Federal law and the laws of the contiguous state. Statute 175.30
State parks and wildlife refuges
Statute 29.089 requires firearms to be unloaded and encased in state parks. There is an exception for hunting when the hunt is administratively approved. Statute 29.091 requires firearms to be encased and unloaded in state wildlife refuges.
Title II firearms
Machine guns are legal if the firearm is registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), state statute 941.27
Short-barrel rifles and shotguns are legal if they are registered with ATF, state statute 941.28
Suppressors, or 'silencers', are legal if they are registered with ATF, statute 941.298
Firearms and minors
It is a class I felony to possess a firearm on school grounds or within 1000' of a school zone. Statute 948.605. This statute does not apply to:
private property not part of school grounds
individuals licensed by the local government body to possess the firearm
unloaded and encased firearms
individuals with firearms for use in a school-approved program
individuals with school contract to possess firearm
law enforcement acting in official capacity
unloaded firearms when traversing school grounds to gain access to hunting land, if the entry is approved by the school.
It is a class G felony to discharge or attempt to discharge a firearm in a school zone. Limited exceptions for private property not part of school grounds, school programs, and law enforcement.
Leaving a firearm within reach of a child under 14 is generally a misdemeanor, if that child points it at anyone or shows it to anyone in a public place. Defenses include having the gun locked in a safe or container, or having a trigger lock on the gun, or removal of a key operating part, or illegal entry by anyone to obtain the firearm, or a reasonable belief a juvenile couldn't access the firearm. Statute 948.55
Firearms retailers are required to provide every buyer with a written warning stating, "If you leave a loaded firearm within the reach or easy access of a child, you may be fined or imprisoned or both if the child improperly discharges, possesses or exhibits the firearm." Statute 175.37
Possession of a dangerous weapon by anyone under 18 is a class A misdemeanor. Giving/loaning/selling a dangerous weapon to someone under 18 is a class I felony. Statute 948.60. Defenses to prosecution under this statute:
Target practice under the supervision of an adult
Members of armed forces under 18 in the line of duty.
For hunting purposes, the following exceptions to the age limit apply, as specified in statute 29.304 for weapons with barrels 12" or longer.
under 10 may not hunt with a firearm or bow under any circumstances
under 10 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under adult supervision while going to/from Hunter Safety class, or while under adult supervision while at a target range.
anyone age 10 or over may hunt when accompanied by an adult (within arms reach, both must be licensed, only one firearm/bow between the adult and mentor (no hunter safety course requirement for the mentored hunter).
12-13 may hunt when accompanied by an adult and 12-13 has successfully completed a Hunter Safety class.
12-13 may possess firearm when accompanied by an adult, or while transporting cased/unloaded firearm to/from Hunter Safety class, or in Hunter Safety class
14-17 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms (rifles/shotguns) without adult supervision.
School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event (except if the student is participating in a Hunter Safety Education class). State law requires a minimum one-year expulsion for this offense. Statute 120.13(1)(bm) and 120.13(1)(c)2m. In addition, the student's driver license may be suspended for two years under Statute 938.34(14q). This suspension also applies to bomb threats and CCW violations in government buildings.
School zones
Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony. **unless on private property **“School” means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school. “School zone” means any of the following: 1. In or on the grounds of a school. 2. Within 1,000 feet (300 m) from the grounds of a school.[331]
Firearms in vehicles
When openly carrying (the only legal method in Wisconsin) a firearm must be unloaded, cased, and put out of reach when in a vehicle. In this section, unloaded means "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm" and encased means "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31
Boats: Firearms must be unloaded and encased when the motor is running.
Aircraft: Firearms must be unloaded and encased.
Cars, trucks, motorcycles, ATV, snowmobiles: Firearms cannot be placed in or on a vehicle unless the firearms are unloaded and encased. However, it is legal to "lean an unloaded firearm against a vehicle". Statute 167.31(4)(d).
Exceptions: Law enforcement officers, military personnel on active duty, landowners and their family and employees on farm tractors inside CWD eradication zones, and disabled hunters with special permits meeting all the requirements.
Wyoming
Main article: Gun laws in Wyoming
According to the Office of the Attorney General of Wyoming, Wyoming state law (W.S. § 6-8-104) provides for the issuance of concealed firearm permits. As a "shall issue" state, the local sheriff's office is required to issue a permit upon request, unless there is a valid reason to deny (such as violent felony conviction). A Wyoming permit is valid for 5 years.
Wyoming also recognizes concealed firearms permits from states with similar licensing requirments (subject to frequent review and revision), which currently includes: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Utah.[332] Many of these states reciprocate and accept a Wyoming permit as valid, however this is a frequently changing and often unspecified distinction. Independent confirmation by directly contacting the attorney general of the state in question is recommended.
Effective July 2011, Wyoming will be an unrestricted concealed carry state, following the example of Vermont, Alaska and Arizona. Prior issued concealed carry permits will still act as valid - for example, to be used as reciprocal permits in certain states - until their natural expiration.
^ Letter from Francis X. Belloti, Attorney General, to Charles V. Barry, Secretary, Executive Office of Public Safety (Oct. 31, 1986) (copy in possession of Cumberland Law Review).
^ OPINIONS OF THE STATE ATTORNEY GENERAL: "December 19, 1977 (informal No. 77- 00): Unloaded replica muzzle loading percussion pistols may be sold, purchased and possessed without a license. Simultaneous possession of these pistols and the necessary ammunition to discharge them requires a license. PL 265.00 (14) & (15)."
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