Anyone engaged in the business of buying and selling firearms for profit must be federally licensed as a firearm dealer (FFL). A dealer must maintain a record of every firearm received from, or transferred to, another person or dealer. Anyone who purchases a firearm from a dealer must pass a NICS check. The National Instant Criminal Background Check System, or NICS, helps ensure the timely transfer of firearms to eligible gun buyers and to prevent the transfer of firearms to those who are prohibited.
Firearm legal topics of the |
United States of America |
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Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of the District of Columbia and of the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
State level laws vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment to the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[1][2] Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.[3]
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 as per the U.S. Supreme Court's ruling in Printz v. United States.[5][6]
Firearm related matters that are often regulated by state or local laws include the following:
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | Alabama is a shall-issue state for concealed carry. However, the issuing county sheriff can suspend or even revoke concealed carry privileges for wanton disregard of the law.[7] | |
Permit required for open carry? | No | No | Open carry is generally permitted, but handgun must be securely contained in a holster (belt, inside-the-waist, ankle, or shoulder). However, open carry in a vehicle without a concealed carry license is prohibited. As of August 1, 2013, the law states that: 'It shall be a rebuttable presumption that the mere carrying of a visible pistol, holstered or secured, in public place, in and of itself, is not disorderly conduct.' | |
State preemption of local restrictions? | Yes | Yes | '...the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition, and firearm accessories..' | |
Assault weapon law? | No | No | ||
NFA weapons restricted? | No | No | Any Other Weapons (AOWs) disguised as walking canes are the only illegal firearms in Alabama. | |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required 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 |
Permit required for concealed carry? | N/A | No | 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. |
Permit required for open carry? | No | No | May carry openly without permit/license. | |
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 |
Shall Certify? | Yes | Yes | AS 18.65.810 | Shall certify within 30 days. |
Peaceable Journey laws? | No | No | None | Federal rules observed. |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration required? | No | No | ARS 13-3101(B) | State law requires compliance with the National Firearms Act, but the state maintains no registry and imposes no additional requirements. |
Assault weapon prohibition or restrictions? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | SB 1108 | In Arizona, a person over age 21 may legally carry a concealed firearm or deadly weapon without a permit within the state, except for certain prohibited locations, and must disclose the fact to a law enforcement officer if questioned. Although no longer required, a shall-issue CCW permit is still available and has certain advantages, including reciprocity with many other states having CCW laws.[8] |
Permit required for open carry? | No | No | May carry openly without permit/license. Must be at least 18 years old to open carry. | |
State preemption of local restrictions? | Partial | Partial | ARS 13-3108 | Explained below |
NFA weapons restricted? | No | No | ARS 13-3101 | Law makes possession and use illegal but then exempts said weapons and devices if they're registered in compliance with federal law. |
Shall certify? | Yes | Yes | ARS 13-3121 | Shall certify within 60 days. |
Peaceable journey laws? | No | No | Federal rules observed. | |
Background checks required for private sales? | No | No | On May 1, 2017, Governor Ducey signed a bill that would prevent localities from requiring background checks for private sales.[9] | |
Lose Right to Possession Indefinitely under Mental Health laws? | Yes | Yes | ARS 36-540; ARS 13-925[10] | A person found persistently or acutely disabled or a danger to self or to others automatically becomes a prohibited firearm possessor indefinitely, with notification to the Arizona Dept. of Public Safety. Restoration of gun possession rights requires the court-ordered individual to petition to restore his/her rights, and provide clear and convincing evidence from a psychiatrist willing to testify to all of the following: 1) the person is no longer a danger to others or persistently and acutely disabled, 2) that the circumstances that led to the original order, adjudication or finding are no longer in effect, 3) that the patient is not likely to act in a manner that is dangerous to public safety, and 4) that restoring the patient's right to possess a firearm is not contrary to the public interest. The burden of proof (clear and convincing evidence) is on the court-ordered person, not the state. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | No | 5-73-301 - 5-73-320 | Act 746 allows for concealed carry without permit.[11] Shall-Issue. The Arkansas State Police issue and recognize the Arkansas Concealed Handgun Carry License, as do states that have existing reciprocity with Arkansas. Enhanced concealed carry permits allow for carrying in some forbidden areas such as carrying at public colleges, most public buildings, non-secure locations in an airport, churches, and more.[12][13] |
License required for open carry? | No | No | 5-73-120 | May open carry without license. |
State Preemption of local restrictions? | Yes | Yes | 5-73-120 | |
NFA weapons restricted? | No | No | 5-73-205 | All NFA items allowed if in compliance with Federal law. Machine guns may not have ammunition .30 in. or 7.63 mm or bigger unless the gun is registered to an ammunition corporation. |
Shall Certify? | Yes | Yes | 5-73-112 | Shall certify within 15 days. With the enactment of 41F/P on July 13, 2016 the need for 'Shall Certify' legislation has essentially been negated. |
Peaceable Journey laws? | Yes | Yes | 5-73-120 (c)(4) | Weapons are allowed if the person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon. 'Journey' is defined as 'travel beyond the county in which a person lives.' (5-73-120(B)(3)) |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes (Penal Code except when noted) | Notes |
---|---|---|---|---|
State permit required to purchase? | Partial | Partial | §26500 | All firearm sales must be completed through a dealer. Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military, honorably retired military, or a peace officer under Penal Code Section 830. Military reservists must provide proof of residency in order to purchase a firearm. The Firearms Safety Certificate can be purchased and completed at firearms dealers with DOJ instructors on the same day, differentiating it from a FOID or FID card system where one has to apply with the local police and await approval. Must be 21 to purchase any firearm.[14] An exemption is made for those 18-20 years old who possess a valid hunting license to purchase long guns. |
Firearm registration? | Yes | Yes | §28150 | The California Department of Justice ('DOJ') retains information about the purchaser and seller of all in-state firearm sales and transfers, and requires that any firearms imported into the state be reported to the DOJ.[15] Furthermore, the Attorney General is required by law to maintain a registry containing the fingerprints and identifying information of the transferee, and the unique identifying information of every firearm transferred in the state, pursuant to §11106.[16] All handgun serial numbers and sales are recorded by the state in the Department of Justice's Automated Firearms System, along with those of many long guns. While there is no requirement for California residents to register handguns owned prior to 1991 with law enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice's Automated Firearms System. New residents must register handguns (purchased outside of California) with DOJ within 60 days. As of January 1, 2014, long gun serial numbers are also recorded, whereas previously only the sale was recorded. However, it is not required that owners of long guns purchased prior to 2014 register their firearms and it is not a crime to be in possession of an unregistered firearm. |
Owner license required? | No | No | None | While the Firearm Safety Certificate is required for new purchases of firearms, ongoing possession of a firearm does not require a license or permit.[17] People moving into California are required, within 60 days, to file a New Resident Report of Firearm Ownership.[18][19] New residents are prohibited from importing assault weapons or any other weapons prohibited by California law regardless of whether they were lawfully acquired and possessed in the residents' prior state of residence.[20] The ban on importing large-capacity magazines was ruled unconstitutional[21] but the ruling is on hold while the case is under appeal.[22] |
Assault weapon law? | Yes | Yes | §30500, §30515 | 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. While California's Assault Weapons Law does allow individuals who hold a Dangerous Weapons Permit to obtain, transport or possess defined assault weapons, the DOJ generally does not issue Dangerous Weapons Permits to ordinary citizens. 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 and an authorization letter from the installation commander. With the passage of Senate Bill 880 and Assembly Bill 1135 in June 2016, the state's assault weapon ban has been expanded to include all semi-automatic center-fire rifles and shotguns that have a 'bullet button' detachable magazine; effectively repealing a prior law that made 'bullet button' magazines required on all newly manufactured weapons with detachable magazines. The sale or transfer of such weapons will be prohibited, effective January 1, 2017. Those purchased prior to January 1, 2017 must be registered with the DOJ by the start of 2018. The definition of types of weapons that are banned has been expanded, the exact definitions should be reviewed at the California DOJ website.[23] |
Magazine capacity restriction? | Yes | Yes | §32310 | Section 32310 of the Penal Code states that any person who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, receives, or assembles any large-capacity magazine from a parts kit is punishable by imprisonment in a county jail not exceeding one year or imprisonment. Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[24] Large-capacity is defined as being able to hold more than 10 rounds. In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of such magazines, requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.[25] Under Proposition 63, mere possession of a large-capacity magazine is punishable as a misdemeanor with a $100 fine or an infraction with a $100 fine. This prohibition applies to magazines acquired prior to January 1, 2000 that were previously considered 'grandfathered.'[26] Importation, manufacture, lending, assembling a large-capacity magazine from a parts kit, or buying a large-capacity magazine remains chargeable as a felony or a misdemeanor.[27] On June 29, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of large-capacity magazines, pending the outcome of litigation concerning the ban. Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and/or the ban is upheld by the courts.[28][29] On March 29, 2019, the entire large-capacity magazine law was blocked permanently by the district court; this includes the ban on possession, in addition to the ban on manufacturing, importing, selling, etc.[21][30] Following a stay request from Attorney General, Judge Benitez allowed the ban on manufacture, import, and sale of large-capacity magazines to be enforced while keeping in place the injunction against the enforcement of the ban on possession of previously legal large-capacity magazines, including all purchases made between the entry of the Court’s injunction on March 29, 2019 and April 5, 2019, 5:00 p.m.[31] |
License required for concealed carry? | N/A | Yes | §26150 | 'May issue,' depending on jurisdiction. County sheriff's or local Police Chief's discretion, many counties are de facto 'no-issue', while others are 'shall-issue' in practice. CCW permits valid statewide. Out-of-state permits not valid in California. California's may-issue law has been held constitutional by an en banc panel of the U.S. Court of Appeals for the Ninth Circuit. The Supreme Court refused to hear an appeal of this holding.[32] |
Open carry allowed? | Partial | Partial | §26350 | Long guns and handguns may be openly carried in unincorporated rural areas where firearm discharge is not prohibited by local ordinance. In a county with a population of less than 200,000 residents, a permit to carry a handgun 'loaded and exposed' may be issued by the county sheriff, valid only in the issuing county. A person may also open carry if he or she 'reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property.'[33] |
Vehicle carry? | No | Yes | §25610 | A valid California Concealed Weapons License is required to carry a concealed handgun in a motor vehicle. Otherwise, handguns and assault rifles must be unloaded and locked in a case during transport. Long guns not classified as assault rifles may be transported in a vehicle without being locked in a case, but must be unloaded. |
State preemption of local restrictions? | Yes | Yes | §53701 Government Code | Most but not all local restrictions preempted. |
Castle doctrine law? | Yes | Yes | California never requires a duty to retreat whether in your own home or not. The state acknowledges a legal presumption that an intruder poses a deadly threat if in your own home or property that is owned and controlled by yourself. | |
NFA weapons restricted? | Yes | Yes | §12220, §12020, §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. Destructive devices are prohibited unless are designated as curios & relics, in which case a collectors permit can be obtained. The only AOWs that are permitted are smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel. C&R short-barreled rifles and C&R short-barrled shotguns permitted. |
Peaceable journey laws? | No | No | California courts have ruled that large-capacity magazines (LCM) that are disassembled or LCM parts are legal to possess. Otherwise federal rules are observed. | |
Waiting period? | Yes | Yes | §26815(a)[1], §26950-27140 [2], §27540(a) [3], §27600-27750 [4] | California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder. That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner. On August 25, 2014, the California's 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that 'the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment' as applied to members of certain classifications (notably holders of concealed carry permits) and 'burdens the Second Amendment rights of the Plaintiffs'.[34] On December 14, 2016 this ruling was overturned by a three-judge panel of the 9th U.S. Circuit Court of Appeals.[35] The plaintiffs' petition for an en banc rehearing was denied April 4, 2017; on February 20, 2018 the Supreme Court certiorari petition was denied, meaning that the waiting period remains in effect.[36] |
Background checks required for private sales? | Yes | Yes | § 27545 | Private party transfers of firearms must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. |
Red flag law? | Yes | Yes | The police or a person's family member can ask a judge to confiscate the firearms of a person who appears to pose a threat to themselves or others. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | DRMC § 38-130 | Denver ordinance bans assault weapons. Vail banned assault weapons in 1994.[37] Boulder passed such an ordinance in May 2018.[38] |
Magazine Capacity Restriction? | Yes | Yes | CRS §§ 18-12-302, 18-12-303 | After July 1, 2013, magazines holding more than 15 rounds may not be sold, transferred, or possessed unless they were lawfully owned prior to July 1, 2013. Firearms with a tubular magazine which are either chambered in .22 rimfire or operated by lever action are exempt from this regulation, as are magazines 'permanently altered' to limit the capacity to 15 or less. Boulder passed an ordinance in May 2018 banning magazines holding more than 10 rounds.[38] Vail banned magazines holding 21 or more rounds in 1994.[39] |
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | CRS § 18-12-203 | Colorado is a shall issue state for concealed carry. Permits are issued by local sheriff offices to county residents. |
Permit required for open carry? | No | No | CRS § 18-12; DRMC §§ 38-117(b), 38-118 | Legal without permit requirements except in Denver and other posted areas. |
Concealed within a vehicle? | Yes | Yes | CRS §§ 18-12-105(2b), 33-6-125; DRMC §§ 38-117(f), 38-118, 14-92 | No permit is required. Pistols may be carried with chamber and magazine loaded. Rifles and shotguns must be carried with an empty chamber, but the magazine may be loaded. |
State Preemption of local restrictions? | Yes | Yes | CRS § 29-11.7-103 | Local ordinances are preempted by state law, but Denver bans assault weapons and open carry. |
NFA weapons restricted? | No | No | CRS § 18-12-102 | NFA items are defined as a 'dangerous weapon'. Subsection 5: 'It shall be an affirmative defense to the charge of possessing a dangerous weapon...that said person has a valid permit and license for possession of such weapon.' |
Peaceable Journey laws? | Yes | Yes | CRS § 18-12-105.6; DRMC §§ 38-117(f), 38-118 | Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons traveling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754 |
Castle Doctrine? | Yes | Yes | CRS § 18-1-704.5 | A legal resident of a property has the right to use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders. |
Stand Your Ground Law? | No | No | ||
Background checks required for private sales? | Yes | Yes | CRS § 18-12-112 | For private party transfers of firearms, the seller must request that a licensed dealer perform a background check of the buyer, and must get approval of the transfer from the Colorado Bureau of Investigation. Transfers of antique firearms, bona-fide gifts or loans from immediate family members, and transfers to estate executors or trustees are exempt. Temporary transfers are strictly regulated. |
Red flag law? | Yes | Yes | HB 19-1177 | The police may temporarily confiscate firearms from people who are threatening to harm themselves or others, and then get a court order afterwards. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | Yes | Yes | CGS 29-33(b), CGS 29–36(f), CGS 29-38m(c) | Certificate of Eligibility for Pistol and Revolvers or Long Guns or Ammunition required to purchase handguns, long guns or ammunition, respectively or a State Permit to Carry Pistols and Revolvers to purchase any of the above. Applicants must complete an approved safety course, and pass a National Instant Criminal Background Check System (NICS) background check and mental health records check prior to issuance of certificate. Certificates of Eligibility are granted on a Shall-Issue basis to qualified applicants, and are 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. With the passing of Public Act 13-3, hunting licenses (which take approximately 12 hours to complete versus the eight hours the NRA Basic Pistol Course takes) may no longer be used to purchase ammunition or long rifles. Long guns and ammunition purchased outside of Connecticut are not subject to the long gun and ammunition eligibility requirements (even if one is a CT resident) other than the two-week waiting period must be observed for long gun transfers out of state, unless one has a valid hunting license or carry permit. |
Firearm registration? | Partial | Partial | CGS 53–202 | Registration required for assault weapons purchased between September 13, 1994 and April 1, 2014 and for machine guns obtained before January 1, 2014. There is a de facto registry of the sale (including the serial numbers) of handguns and long guns purchased in state that is maintained by the Department of Emergency Services and Public Protection (DESPP). Any transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DESPP and a form containing personal and weapon identification (DPS-3-C) must be submitted to DESPP and local police. This form is collected and maintained on all guns purchased from FFL dealers as well. The DPS-3-C form is not required for long gun transfers made out of state, and there is no legal requirement/penalty to register firearms purchased out of state or lawfully obtained before April 1, 2014. |
Assault weapon law? | Yes | Yes | CGS 53–202 | Partial ban. Selective fire weapons, some .50 BMG variants, and semiautomatic center-fire firearms with one defined feature; banned weapons lawfully possessed prior to this date must be registered with DESPP. Registered weapons may only be sold or transferred to a licensed gun dealer, to the State Police or local police department, transferred to a recipient outside of Connecticut, or bequeathed to a designated heir when the original owner/registrant becomes deceased. Assault weapons manufactured and lawfully obtained prior to September 13, 1994 no longer require registration with DESPP and may be sold or transferred to non-prohibited persons.[40] Exceptions exist for active and retired law enforcement and military members. |
Magazine capacity restriction? | Yes | Yes | 53-202w | As of April 4, 2013, magazines holding more than 10 rounds are considered Large Capacity Magazines (LCM), and such magazines manufactured after that date may not be sold or transferred within the state. Existing owners of LCMs may possess such magazines if they declare and register them with the DESPP before January 1, 2014; Owners of registered LCMs may not load such magazines with more than 10 rounds except when inside the owner's home or on the premises of a licensed shooting range. Even if an individual has a permit to carry a pistol or revolver, they can never carry, other than at a shooting range, a pistol that has an LCM loaded with more than 10 bullets. Possessing an unregistered Large Capacity Magazine obtained prior to the ban's effective date is an infraction with a $90 fine for the first offense, and a Class D felony (punishable by up to 5 years in prison and/or $5,000 fine) for subsequent offenses. Unlawfully possessing a LCM obtained after the effective date of the ban is a Class D felony. |
Owner license required? | No | No | CGS 23-37a(b) | No license/permit is required to own any firearm/ammunition in Connecticut, except for grandfathered assault weapons manufactured and obtained between September 13, 1994 and April 4, 2013. |
Permit required for concealed carry? | N/A | Yes | CGS 29–28 | Shall-Issue, with Limited Discretion. Connecticut's pistol permit law specifies that issuing authorities May-Issue pistol permits to qualified applicants, but the state's courts have generally ruled that permits must be granted on a Shall-Issue basis to applicants meeting the state's qualifications for a pistol permit, as Connecticut does not require an applicant to 'show good cause' for needing a permit. Issuing local authorities have limited discretion to deny a permit when he or she has personal knowledge of the applicant's character that would not otherwise be reflected on a background check. A denial on this basis would have to be justified with supporting evidence showing that the applicant is not of 'suitable' character to be granted a pistol permit, but virtually all cases are thrown out if the applicant is not otherwise barred from owning firearms. Connecticut has a two-step permitting process: a 60-day Temporary permit issued by local authorities and a 5-year Regular permit issued by the Department of Emergency Services and Public Protection (DESPP). Issuance of a Temporary permit is technically not a prerequisite to apply for a Regular permit, but in practice an applicant must await a decision from local authorities on the temporary permit application before applying to DESPP for the Regular permit. If the local permit is denied for any reason, instead one files an appeal to DESPP to have the state board re-examine the application. If the state board denies the permit (rare occurrence), a court appeal is possible. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members. Out of state permits not valid in Connecticut, but non-residents may apply for a Connecticut non-resident carry permit through the mail. Non-residents must have a carry permit issued by a United States jurisdiction to apply. |
Permit required for open carry? | No | Yes | Connecticut is a Licensed Open Carry state. A Connecticut Permit to Carry Pistols or Revolvers allows the carry of handguns openly or concealed any place in the state that is not considered 'off-limits' under state law. Despite this, local law enforcement have been known[citation needed] to detain carriers. There have been very few actual arrests and no convictions in recent history as a result of carrying unconcealed however. State law is silent on the open carry of long guns in public either with or without a permit, although some municipalities have enacted ordinances restricting or banning the practice. Various towns and the state police as well have articulated through training memos that open carry is legal and to not harass people who carry openly without some other cause.[41] | |
Vehicle carry permitted? | No | Yes | A valid Connecticut pistol permit is required to carry a loaded weapon in a vehicle. Otherwise, the weapon must be unloaded and the firearm its ammunition must be stored in separate locked containers during transport. | |
Duty to inform? | No | No | Connecticut is not a duty to inform state. Those who are carrying a pistol or revolver must carry their permit with them. | |
Castle Doctrine? | Yes | Yes | No duty to retreat if you are in your home or on property owned by yourself. There is no 'stand your ground law' but, courts have granted civil immunity to those with carry permits and used 'reasonable force' in the past. | |
State preemption of local restrictions? | Partial | Yes | CGS 29–28 | State pre-emption of local ordinances not explicitly specified in state law, but established by court precedence. Most municipalities have ordinances restricting or banning the discharge of firearms outside of firing ranges or designated hunting areas during hunting seasons. Some municipalities have restrictions or bans on carrying long guns in public places. The City of New London and the City of New Britain previously had ordinances that forbade open carry of handguns, which have since been repealed in both cities. |
NFA weapons restricted? | No | No | CGS 53–202(c) | SBR, SBS, DD, suppressors are legal, provided they also comply with the assault weapons provisions, unless purchased before October 1, 1993. Machine guns are legal if purchased and registered with the state before January 1, 2014. Non-selective fire machine guns may be transferred to another resident within Connecticut. |
Peaceable Journey laws? | No | No | CGS 29–38 | Federal rules observed. |
Background checks required for private sales? | Yes | Yes | Private party firearm transfers require that a background check of the buyer be performed by a federally licensed dealer. | |
Red flag law? | Yes | Yes | State law allows police, after investigating and determining probable cause, to get a court warrant and seize guns from anyone posing an imminent risk of harming himself or someone else. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | 11 Del.C. § 1441 | Delaware is a officially 'may issue' state for concealed carry, but mostly shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm.[42] |
Permit required for open carry? | No | No | Open carry without permit is generally lawful. A 2014 Delaware Supreme Court ruling recognized that open carry was a long standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985. The city of Dover formerly required a permit from the police chief for a state concealed permit to open carry, but this was repealed in October 2015 in accordance with the ruling. | |
State preemption of local restrictions? | Yes* | Yes* | 22 Del.C § 111 | Municipalities may regulate only the discharge of firearms and the possession of firearms within police stations and municipal buildings, unless the ordinance was in effect prior to July 4, 1985. |
NFA weapons restricted? | Yes | Yes | SBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for civilians.[43] | |
Peaceable Journey laws? | No | No | Federal rules observed. | |
Background checks required for private sales? | Yes | Yes | 147th General Assembly: Chapter 20 | Private party transfers of firearms to persons other than family members must be conducted though a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. A transfer to a person who possesses a valid License to Carry a Concealed Deadly Weapon is exempt from this requirement. |
Red flag law? | Yes | Yes | House Bill 302 (2018) | If a mental health professional deems that a person is a danger to themselves or to others, the police may get a court order to temporarily seize that person's firearms. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | Yes | Yes | The firearm registration process also serves as a permitting process. | |
Owner license required? | Yes | Yes | The firearm registration process also serves as a licensing process. | |
Firearm registration? | Yes | Yes | All firearms except certain black powder firearms, must be registered with the Metropolitan Police Department. A background check and online training are required. | |
License required for concealed carry? | N/A | Yes | The Metropolitan Police Department shall issue a License to Carry a Handgun to a qualified applicant. | |
Open carry allowed? | No | No | Open carry is prohibited. | |
Assault weapon law? | Yes | Yes | Assault weapons and .50 BMG rifles prohibited. | |
Magazine capacity restriction? | Yes | Yes | Illegal to possess magazines of more than 10 round capacity. | |
NFA weapons restricted? | Yes | Yes | Automatic firearms, short barreled rifles, short barreled shotguns, and silencers prohibited. | |
Peaceable journey laws? | No | No | Federal law (FOPA) applies. | |
Background checks required for private sales? | Yes | Yes | DC Code §7–2505.02 | Private party firearm transfers must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. This only applies to sales made within the District of Columbia. Sales made by DC firearms owners outside of the District of Columbia must only conform to that state's transfer laws. |
Waiting period? | Yes | Yes | After purchasing a firearm, the buyer must wait ten days before taking possession of the gun. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | F.S. 790.065 (13) | The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by a law enforcement officer or correctional officer, or a servicemember. |
Firearm registration? | No | No | F.S. 790.335 | It is a felony under Florida law to create, maintain or publish any list, record or registry of legally owned firearms or law-abiding firearm owners. |
Owner license required? | No | No | None | |
Assault weapon law? | No | No | None | |
Magazine Capacity Restriction? | No | No | None | |
Permit required for concealed carry? | N/A | Yes | F.S. 790.06 | Allows concealed possession of handguns, electronic weapons or devices, tear gas guns, knives, or billies, but not long guns or machine guns per Chapter 790.06(1). |
Open carry allowed? | No | No | F.S. 790.053 | Open carry of firearms is generally banned except open or concealed carry is allowed for without a license under 790.25 for certain protected places and activities. Exceptions include in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities. |
State Preemption of local restrictions? | Yes | Yes | F.S. 790.33 | See Preemption section below |
NFA weapons restricted? | No | No | F.S. 790.161 | Making, possessing, throwing, projecting, or discharging any destructive device, or any attempt to do so is a felony in Florida. |
Peaceable Journey laws? | No | No | None | Federal rules observed. |
Duty to inform? | No | No | None | Florida law does not require one to disclose one's possession of a firearm on contact with Law Enforcement. |
Background checks required for private sales? | No | No | None | |
Red flag law? | Yes | Yes | F.S. 790.401 | The police can get judicial approval to confiscate, for up to a year, the firearms of a person deemed a danger to themselves or others. |
Waiting period? | Yes | Yes | F.S. 790.0655 | The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks, whichever occurs later. Individual counties can require a waiting period of up to five days. (Florida Constitution Article VIII Section 5(b)) This requirement is waived for holders of a Florida Concealed Weapon license.[44] |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | None | |
Firearm registration? | No | No | None | |
Assault weapon law? | No | No | None | |
Magazine Capacity Restriction? | No | No | None | |
Owner license required? | No | No | None | |
Permit required for concealed carry? | N/A | Yes | O.C.G.A § 16-11-129 | Concealed or open carry allowed with permit. See also O.C.G.A § 43–38–10 which is a special permit for armed security guards. |
Permit required for open carry? | Yes | Yes | O.C.G.A § 16-11-126 | Open carry of handguns allowed with a license issued under O.C.G.A § 16-11-129. |
State Preemption of local restrictions? | Yes | Yes | O.C.G.A § 16-11-173 | Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn. |
NFA weapons restricted? | No | No | None | |
Peaceable Journey laws? | No | No | None | Federal rules observed. |
Background checks required for private sales? | No | No | None |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | Yes | Yes | ||
Firearm registration? | Yes | Yes | HRS 0134-0002, HRS 0134-0003 | Must be registered with county police chief within 5 days of purchase or arrival to Hawaii. Registration not required for black powder and pre-1899 firearms. |
Assault weapon law? | No | Yes | Law bans assault pistols with two or more banned features. Does not apply to rifles or shotguns with a barrel length greater than 16 inches | |
Magazine capacity restriction? | No | Yes | HRS134-8(c) HRS134-11(3) | Any magazine with a capacity of more than 10 rounds that can be inserted into a pistol is prohibited. Members of organizations are exempt from the pistol magazine limit at places of target shooting. |
Owner license required? | No | No | No license required to own any firearms in Hawaii, but all firearms, including those brought into the state by new residents, must be registered. | |
Permit required for concealed carry? | N/A | Yes | HRS 0134-0009 | May-Issue by statute, but No-Issue in practice. The chief of police may grant a permit 'in an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property.' In practice, Hawaii is 'No-Issue,' as issuing authorities rarely or never approve applications for permits. In March 2014, the 9th Circuit US Court of Appeals has ruled Hawaii's restrictive concealed carry policy unconstitutional. An en banc panel reversed the initial ruling in June 2015, holding that the Constitution guarantees no right to concealed carry in public. |
Permit required for open carry? | Yes | Yes | By law, Hawaii is a Licensed Open Carry State, but since licenses are rarely issued, the state is Non-Permissive for open carry in practice. The chief of police may grant a permit 'Where the urgency or the need has been sufficiently indicated' provided that the person 'is engaged in the protection of life and property.' In practice, Hawaii is 'No-Issue,' as issuing authorities rarely or never approve applications for permits. On July 24, 2018, the Ninth Circuit Court of Appeals ruled that Hawaii's laws restricting open carry are unconstitutional.[45] That ruling was vacated on February 8, 2019 and the case is scheduled to be heard en banc.[46] No laws against open carrying long guns. | |
State preemption of local restrictions? | Yes | Yes | Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, state law. | |
NFA weapons restricted? | Yes | Yes | Machine guns, short barreled rifles, short barreled shotguns, and silencers/suppressors are prohibited from the average citizen. Certain Destructive Devices and AOWs are allowed with proper tax stamp and NFA paperwork from the ATF. | |
Peaceable journey laws? | No | No | None | Federal laws observed. |
Background checks required for private sales? | Yes | Yes | HRS §134-2 | A person who wants to purchase a handgun or long gun must obtain a permit to acquire the ownership of a firearm, which requires a background check of the applicant. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | Idaho 18-3302 | May carry concealed when outside the confines of a city or city limits, and inside a vehicle while engaged in a lawful outdoor activity. As of July 1, 2016, permitless concealed carry within cities is also legal for Idaho residents 21 years and older and active military. Effective July 1, 2019 the minimum age will be lowered to 18.[47][48] Permitless carry will also be expanded to any weapon.[49] Nonresidents still need a permit to carry concealed within city limits. |
Permit required for open carry? | No | No | May carry openly without a permit in a vehicle or on foot. | |
State Preemption of local restrictions? | Yes | Yes | Cities May regulate the discharge of firearms within their confines or limits. | |
NFA weapons restricted? | No | No | Permitted as long as such possession is in compliance with all federal regulations | |
Peaceable Journey laws? | No | No | Federal rules observed. | |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | Yes | Yes | 430 ILCS 65 | FOID (Firearm Owner's Identification card) required. |
Owner permit required? | Yes | Yes | 430 ILCS 65 | FOID required. |
Firearm registration? | No | No | ||
License required for concealed carry? | N/A | Yes | Public Act 098-0063: Firearm Concealed Carry Act | Shall-issue with limited discretion.[50] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with 'substantially similar' licensing requirements can apply for an Illinois nonresident license. |
Open carry allowed? | No | No | 720 ILCS 5/24 | |
Vehicle carry allowed? | No | Yes | Public Act 098-0063: Firearm Concealed Carry Act | An Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state. |
State preemption of local restrictions? | Partial | Partial | Public Act 098-0063: Firearm Concealed Carry Act | Preemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013. |
Assault weapon law? | No | No | Cook Co. Code of Ord. §54-211 Chi. Mun. Code §8-20-170 | Cook County and the city of Chicago have separately banned the possession of assault weapons, as have several Chicago suburbs, prior to the preemption deadline of July 20, 2013. |
Magazine capacity restriction? | No | No | No state-level restrictions. Some local jurisdictions have enacted various magazine capacity restrictions. | |
NFA weapons restricted? | Yes | Yes | 720 ILCS 5/24 720 ILCS 5/24-2 | Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF. |
Castle doctrine / stand your ground laws? | Partial | Partial | 720 ILCS 5 | Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary 'to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.' There are some additional protections for defense against unlawful entry into a dwelling. |
Peaceable journey laws? | Partial | Yes | Public Act 098-0063: Firearm Concealed Carry Act | Illinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons. |
Background checks required for private sales? | Yes | Yes | 430 ILCS 65 | The seller must verify the buyer's FOID card with the Illinois State Police, and must keep a record of the sale for at least ten years. |
Red flag law? | Yes | Yes | Public Act 100-0607: Firearms Restraining Order Act 430 ILCS 65 | Family members or police can petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The person's firearms must be returned to them within six months unless the court finds grounds to renew the suspension. Additionally, under certain circumstances the Illinois State Police can revoke the FOID of a person who has been determined to be a clear and present danger to themselves or to others. |
Waiting period? | Yes | Yes | Public Act 100-0606 | After purchasing a firearm, the waiting period before the buyer can take possession is 72 hours. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | None | |
Firearm registration? | No | No | None | |
Assault weapon law? | No | No | None | |
Magazine capacity restriction? | No | No | None | |
Owner license required? | No | No | None | |
License required for concealed carry? | N/A | Yes | IC 35-47-2-3 | Shall-Issue. Officially 'License to Carry Handgun', which covers concealed and open carry. As of July 1, 2017, persons who a) are at least 18 years old, b) are protected by a protection order, c) have applied for a license, and d) are not prohibited from possessing a handgun may carry a handgun without a license for 60 days from the date of the protection order being issued.[51] As of July 1, 2020, there will be no fee for a five year license; $50 for lifetime licenses.[52] |
License required for open carry? | No[53] | Yes | IC 35-47-2-3 | May carry handgun openly with license. On May 9, 2017, the Indiana Supreme Court ruled that detaining an individual based solely upon their possession of a handgun (in order to verify that they are licensed) violates the Fourth Amendment absent any other reasonable articulable suspicion of a crime being committed.[54] |
Vehicle carry? | Yes | Yes | IC 35-47-2-3 | May carry in a vehicle with license.[55] |
State preemption of local restrictions? | Yes | Yes | IC 35-47-11.1-2 | Enacted in 2011 |
NFA weapons restricted? | No | No | IC 35-47-5-10 | Federal laws observed. |
Shall certify? | Yes | Yes | Shall certify within 15 days.[56] | |
Peaceable journey laws? | No | No | None | Federal rules observed. |
Castle Doctrine law? | Yes | Yes | IC 35-41-3-2 | No duty to retreat from dwelling, curtilage, or occupied motor vehicle. No duty to retreat when defending against imminent unlawful force regardless of location. |
Duty to inform? | No | No | IC 35-47-2-24 | Indiana law does not require one to disclose possession of a firearm on contact with Law Enforcement. |
Background checks required for private sales? | No | No | None | |
Red flag law? | Yes | Yes | IC35-47-14-6(b) | The police may temporarily confiscate firearms from people who are threatening to harm themselves or others, and then get a court order afterwards. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State Preemption of local restrictions? | Yes | Yes | 724.28 | A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state |
State permit required to purchase? | No | Yes | 724.15 | Permit To Carry may be used in lieu of Permit to Acquire when purchasing a handgun |
Permit required for concealed carry? | N/A | Yes | 724.4 | Iowa is a 'shall issue' state. An Iowa carry permit is technically a 'Permit To Carry Weapons', and is not limited to firearms. It allows people in Iowa to open or conceal carry any kind of weapon, so long as that weapon is not otherwise illegal to own in Iowa. However, based on the current wording of the statute, state preemption only applies to firearms. As such, residents are advised to be aware of local ordinances that might restrict the possession of knives, swords, or other types of weapons that are not firearms. |
Permit required for open carry? | Yes | Yes | 724.7 | Iowa issues a 'Permit to Carry Weapons' that is necessary to carry a firearm. Firearms may be carried open or concealed. Concealed carry is more typical in Iowa, but open carry is not uncommon. |
Castle Doctrine | Yes | 704 | Civil immunity for use of 'reasonable force' in self defense | |
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
NFA weapons restricted? | Yes | Yes | 724.1 | Machine guns, destructive devices, etc. illegal. Suppressors legal as of March 31, 2016.[57] Short barreled rifle/shotgun legal as of April 13, 2017.[58] |
Background checks required for private sales? | No | Yes | 724.15 | A person acquiring a handgun must have an annual Permit To Acquire pistols or revolvers or a current Permit To Carry. |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | No | Kansas Chapter 75 Article 7c | As of July 1, 2013, you may conceal carry in any public area of state and municipal buildings. This encompasses carrying at public universities (schools were allowed to opt out until 2017; post-2017, only buildings with 'adequate security measures' may remain gun-free). May carry concealed without permit as of July 1, 2015, however permits can be issued for those who wish to have them. |
License required for open carry? | No | No | May carry openly without permit/license. | |
NFA weapons restricted? | No | No | The Second Amendment Protection Act | Short barreled shotguns, and machine guns must be registered under the National Firearms Act (NFA). However, the Second Amendment Protection Act prohibits Kansas police from enforcing the NFA if a personal firearm, a firearm accessory, or ammunition is owned or manufactured commercially or privately in Kansas and remains within the borders of Kansas. A firearm manufactured in Kansas must have the words 'made in Kansas' clearly stamped on a central metallic part, such as the receiver or frame. Federal enforcement is still possible. |
Shall Certify? | Yes | Yes | 48-1906 | Shall certify within 15 days. |
Peaceable journey laws? | No | No | Federal rules observed. | |
Background checks required for private sales? | No | No |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | Yes | Constitutional carry legal as of June 26 2019.[59] Kentucky issues permits to carry concealed deadly weapons which allows for the concealed carry of both handguns and long guns. | |
License required for open carry? | No | No | May carry openly without permit/license. | |
State preemption of local restrictions? | Yes | Yes | KRS § 65.870 | Exception: KRS § 237.115 allows the following entities to restrict concealed carry:
|
NFA weapons restricted? | No | No | ||
Shall certify? | Yes | Yes | 237.075 | Shall certify within 15 days. |
Peaceable journey laws? | No | No | Federal rules observed. | |
Background checks required for private sales? | No | No |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | LRS 40:1379.3 | Louisiana is a 'shall issue' state for concealed carry. |
Permit required for open carry? | No | No | Open carry is generally permitted without a license, but may be restricted by local governments with laws in place before July 15, 1985. | |
State preemption of local restrictions? | Yes | Yes | Local restrictions in place before July 15, 1985 are grandfathered in. Parishes may regulate hunting and the shooting of firearms. | |
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | Federal rules observed. | |
Background checks required for private sales? | No | No |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | 25 MRS §2003 | Maine is a 'shall issue' state for concealed carry. Constitutional/permitless carry legislation took effect on October 15, 2015. |
Permit required for open carry? | No | No | Open carry is permitted. | |
State preemption of local restrictions? | Yes | Yes | Local governments may restrict the discharge of firearms. | |
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No* | No | 12 MRS §11214 | |
NFA weapons restricted? | No | No | ||
Shall certify? | Yes | Yes | 25 MRSA §2013(3) | Shall certify within 15 days. |
Background checks required for private sales? | No | No |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Yes | Md Public Safety Article Section 5-117.1[60] | A Handgun Qualification License is required, unless exempted (Active Duty/Retired Military with identification cards, Active/Retired Law Enforcement with department credentials, Federal Firearms Licensees); training is required, unless exempted; fingerprints are required; background checks are required; does not invalidate the requirement to perform a comprehensive background check for every handgun purchase transaction.[60] |
Firearm registration? | No | Yes | The state police maintain a permanent record of all handgun transfers. Automatic weapons must be registered with the state police. | |
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | Maryland is a 'may issue' state for concealed carry. Applicants must demonstrate a 'good and substantial reason' to carry a handgun. Permits are normally very difficult (but not impossible) for ordinary citizens to obtain. An applicant may be issued either an unrestricted permit or a permit with varying degrees of restrictions at the discretion of the issuing authority. | |
Permit required for open carry? | No | Yes | Open carry is permitted with a carry license, but is not generally practiced except by uniformed private security officers. Long guns and antique handguns may be carried openly without a license. | |
State preemption of local restrictions? | Yes | Yes | Maryland has state preemption for most but not all firearm laws. | |
Assault weapon law? | Yes | Yes | Md Criminal Law Article Section 4-303 Firearms Safety Act of 2013 | Certain models of firearms are banned as assault pistols and assault long guns. It is illegal to possess an assault weapon or a copycat weapon with two or more specified features (folding stock, grenade/flare launcher, flash suppressor) unless owned before 10/1/2013, or received through inheritance from a lawful possessor and not otherwise forbidden to possess.[60] Some local counties have adopted Second Amendment sanctuary resolutions in opposition to assault weapon laws.[61] |
Magazine capacity restriction? | Yes | Yes | Illegal to purchase, sell or manufacture magazines with a capacity of greater than 10 rounds within Maryland. However, possession of magazines greater than 10 rounds is legal if purchased out of state. These may not, however, be transferred to a subsequent owner unless done so outside the state of Maryland. | |
NFA weapons restricted? | No | No | Automatic firearms, SBSs, and SBRs must be owned in compliance with federal law. Law is silent in regards to DDs, suppressors, and AOWs. | |
Background checks required for private sales? | Partial | Yes | GAM Public Safety, §5-124 | All private transfers of regulated firearms (handguns or assault weapons) must be processed through a licensed dealer or designated law enforcement agency which must conduct a background check on the buyer. |
Red flag law? | Yes | Yes | [62] |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | Yes | Yes | MA Ch. 140 Sec. 129C | Firearm Identification (FID) or license to carry required. Permits/FID cards are issued by local police departments. Some issuing authorities (notably Boston) have required an applicant to justify the need for a firearm, and have denied purchase permits/FID cards based on insufficient justification of need. The discretionary issue of purchase permits/FID cards is currently being challenged in the state courts. |
Firearm registration? | No | No | Although registration is not specifically required by law, transfers of firearm ownership are required to be recorded with the Massachusetts Executive Office of Public Safety and Security (EOPSS): by the seller if in state, or by the buyer if out of state. The Massachusetts EOPSS also provides the option to register a firearm, although, other than obtaining a firearm from out of state (a transfer of ownership), this is not required by law. | |
Owner license required? | Yes | Yes | MA Ch. 140 Sec. 129C | Firearm Identification (FID) or license to carry required. |
License required for concealed carry? | N/A | Yes | MA Ch. 140 Sec. 131 | Massachusetts is a 'may issue' state for carry; the issuing authority must provide written explanation for the denial of any application, which is subject to appeal. The issuing authority is the local police chief for most jurisdictions, who has discretion in issuing carry licenses based on an applicant's suitability and stated need. In most jurisdictions, applicants who pass a background check and complete required training are issued licenses, but the issuing authority may impose varying degrees of restriction on the license (e.g., hunting, carry to/from a range, firearms dealer, or gunsmith, only while on-duty (for security professionals), etc.). Towns closer to large cities (like Boston) are de facto restricted, whereas more rural (and some suburban) towns are more inclined to issue unrestricted licenses. Permits are valid statewide, provided the license-holder complies with restrictions (if any) imposed by the issuing authority. |
License required for open carry? | Yes | Yes | An individual with a Class A unrestricted license to carry firearms (LTC-A) does not have to conceal a handgun or long gun in public. Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled that the holder of a LTC-A license is not responsible for alarm caused by licensed carry of a handgun, and that a permit cannot be revoked for suitability purposes under these circumstances.[63] If police demand to see the permit, it must be produced, per G.L. c. 140, § 129 (c). Failure to produce a LTC upon demand by law enforcement is probable cause for arrest. | |
State preemption of local restrictions? | No | No | There is limited preemption for some laws. | |
Assault weapon law? | Yes | Yes | A two point 'banned features' system is what defines an assault weapon. These assault weapons are prohibited unless lawfully owned on or prior to September 13, 1994. Firearms that do not have two or more 'banned features' are legal to purchase with an LTC or in some cases a standard FID so long as magazine restrictions are followed to what your license allows. | |
Magazine Capacity Restriction? | Yes | Yes | MA Ch. 140 Sec. 121 | Illegal to possess magazines of over 10 rounds capacity. Pre-ban magazines manufactured before September 13, 1994 are exempt from this restriction. |
NFA weapons restricted? | Yes | Yes | MA Ch. 140 Sec. 131 | Suppressors are restricted only for law enforcement or licensed manufacturers. Some destructive devices are banned at the state level, while others are banned at a local level. DD's can be completely illegal or legal depending on what town you live in. SBR's, SBS's, and AOW's are allowed with proper approval from the ATF. A machine gun license is required to possess a machine gun. |
Background checks required for private sales? | Yes | Yes | MA Ch. 140 Sec. 128A | The seller must verify the buyer's Firearm Identification Card with the Department of Criminal Justice Information Services. |
Red flag law? | Yes | Yes | A judge may issue an order to temporarily confiscate the firearms of a person who appears to be at risk of harming themselves or another person. |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Not from FFL | Permit required for purchase from an individual if purchaser does not have a CPL or an FFL and the transaction is not processed through an FFL dealer. | |
Firearm registration? | No | Yes | Some handgun sales are required to be registered to local law enforcement. There are several exceptions, including, but not limited to, police and US citizens holding a concealed pistol license from another state.[64] | |
Owner license required? | No | No | ||
License required for concealed carry? | N/A | Yes | MCL 28.452b | Michigan is a 'shall issue' state for concealed carry. |
License required for open carry? | No | No | Open carry is generally permitted.[65] Carry in a vehicle requires a license.[66] | |
State preemption of local restrictions? | Yes | Yes | MCL 123.1102 | City or Charter Township may restrict the discharge of firearms (see MCL 123.1104). |
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
NFA weapons restricted? | No | No | Short barreled shotguns, short barreled rifles, automatic weapons, AOW's, and silencers/suppressors are allowed if in compliance with federal law. | |
Background checks required for private sales? | No | Yes | MCL 28.422a | A person acquiring a handgun must have either a handgun purchase license or a license to carry a concealed handgun. A background check is required to obtain either of these licenses. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Yes | §624.7131 | Permit to purchase required to transfer/purchase long guns with a pistol grip and handguns through FFL dealers. A permit to carry also acts as a permit to purchase for Minnesota residents. Traditional rifles and shotguns may be purchased without a permit. |
Firearm registration? | No | No | ||
Assault weapon law? | No | No | §624.7131 | Persons 18 and older may purchase assault weapons with a permit to purchase (or permit to carry for persons 21 and older). |
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | §624.714 | Shall Issue. Minnesota Permit to Carry a Pistol required to carry handguns. Concealment is permitted but not required. |
Permit required for open carry? | Yes | Yes | §624.7181 | Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon on or about their person in public place is guilty of a felony. However, you may carry a pistol or a long gun openly with permit to carry a pistol because, the law states that the prohibition on carrying does not include the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714. |
State Preemption of local restrictions? | Yes | Yes | §471.633 | Municipalities may regulate the discharge of firearms within their borders. |
NFA weapons restricted? | Yes | Yes | §609.67 | Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Some destructive devices are prohibited in most cases. Sound suppressors and short barreled rifles are legal. |
Peaceable Journey laws? | Yes | Yes | Any legally possessed gun may be transported in a motor vehicle, provided it is unloaded and cased. | |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | Code Sections 95-3-1, 45-9-101, 97-37-7, House Bill 506 of the 2011 Mississippi Legislature | As of July 1, 2015 the concealed carry law was amended to say 'no license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.'[67] On April 15, 2016, the law was further expanded to include belt and shoulder holsters and sheaths.[68][69] This effectively allows for constitutional carry in Mississippi. However, some forms of concealed carrying would still require a permit (e.g. concealed without a holster, or concealed in an ankle holster). Licenses still available on a shall-issue basis, issued within 45 days. The license is valid for five years. An enhanced license allows for carrying at public universities and other places. Concealed carry is not allowed in a regular public 1–12 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, 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'. With an enhanced carry permit per Mississippi Code section 97-37-7(2) as amended by House Bill 506 of the 2011 Regular Session,[70] the prohibited locations to carry concealed are as follows: any police, sheriff or state highway patrol station; any detention facility, prison or jail; courtrooms during a judicial proceeding; any 'place of nuisance'; and (not listed in the Mississippi statutes, but still relevant) any place where the carrying of firearms is prohibited by federal law. A license to carry a pistol or revolver is not required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle. In June 2018, the Mississippi Supreme Court ruled that judges may not prohibit enhanced concealed carry license holders from carrying in and around courthouses as long as they do not enter a courtroom.[71][72][73] On March 14, 2019, a new law was passed to clarify the issue by defining 'courthouse' and 'courtroom'.[74] |
Permit required for open carry? | No | No | House Bill 2 of the 2013 Mississippi Legislature | The 'HB2' Unlicensed Open Carry Law went into effect July 1, 2013. An injunction, declaring the definition of 'concealed handgun' unconstitutionally vague, was initially put in place by a Circuit Court Judge in Jackson, MS. The injunction was vacated August 29th, 2013 by the Mississippi Supreme Court.[75] |
State Preemption of local restrictions? | Yes | Yes | 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. | |
NFA weapons restricted? | No | No | Permitted as long such possession is in compliance with all federal regulations | |
Peaceable Journey laws? | Yes | Yes | ||
Background checks required for private sales? | No | No |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | No | No | Missouri is a 'shall issue' state for concealed carry. Permitless carry took effect on January 1, 2017.[76] Per the RSMo, there is no restriction on the concealed carry of long guns or any other weapons in Missouri.[77] | |
Permit required for open carry? | No | No | Open carry is permitted. As of October 11, 2014, a valid CCW overrides local laws against open carry state wide. | |
State preemption of local restrictions? | Yes | Yes | Local governments are allowed to regulate open carry and the discharge of firearms (except in self defense); however, CCW permit holders are exempt from ordinances banning open carry.[78] | |
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | ||
Peaceable journey law? | Yes | Yes | ||
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | Montana 45-8-321 | Montana is a 'shall issue' state for citizens and permanent lawful residents who are 18 years old. The law was challenged for previously denying non-citizens permits.[79] The lawsuit was put on hold to give the legislature to opportunity to pass a bill to include permanent lawful residents. Such bill was signed by the governor on April 7, 2017.[80] Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. |
Permit required for open carry? | No | No | May carry openly without permit/license. | |
State Preemption of local restrictions? | Yes | Yes | M.C.A 45-8-351 | Complete state preemption of firearms laws except localities may regulate firearm discharge, the open or concealed carry of 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 incompetent. A proposed change to the law would limit localities to regulate only open carry and unpermitted concealed carry in publicly owned and occupied buildings only; it was passed by the legislature but will go into effect on January 1, 2021 if approved by the electorate in November 2020.[81] |
NFA weapons restricted? | No | No | Permitted as long such possession is in compliance with all federal regulations. | |
Peaceable Journey laws? | Yes | Yes | ||
Background checks required for private sales? | No | No | Missoula enacted a universal background check ordinance in 2016, however Attorney General Tim Fox has opined that the ordinance is unlawful.[82] In October 2018, a state judge ruled that the ordinance is lawful.[83] |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Yes | Neb. Rev. Stat. § 69-2403 | A handgun certificate or a concealed carry permit is required for the purchase of a handgun. |
Firearm registration? | No | No | Omaha, Neb., Code § 20-251 et seq.; Lincoln, Neb., Muni. Code § 9.36.030 | The City of Omaha requires the registration of all handguns. The City of Lincoln requires reporting of firearms sales other than long guns commonly used for sporting purposes. |
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | Nebraska is a 'shall issue' state for concealed carry. | |
Permit required for open carry? | No | No | Open carry is generally permitted, but may be restricted by local governments. For open carry in a vehicle, the firearm must be clearly visible. | |
State preemption of local restrictions? | Yes* | Yes* | Nebraska has partial state preemption for most but not all firearms laws. Other than discharge ordinances, local firearms ordinances are preempted for individuals who hold a valid Concealed Handgun Permit (CHP). These local ordinances are still enforceable against non-permitholders. | |
Assault weapon law? | No | No | ||
NFA weapons restricted? | No | No | ||
Background checks required for private sales? | No | Yes | Neb. Rev. Stat. § 69-2403 | A person acquiring a handgun must have either a handgun certificate or a concealed handgun permit and has therefore been subject to a background check. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | As of June 2015, Clark County no longer requires the registration of handguns. There is now state preemption for firearm registration.[84] | |
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | Nevada is a 'shall issue' state for concealed carry. | |
Permit required for open carry? | No | No | Open carry is generally permitted throughout the state. For open carry in a vehicle, the firearm may be anywhere except concealed upon the person without a concealed firearm permit.[85][86] | |
State preemption of local restrictions? | Yes | Yes | Local authorities may regulate the discharge of firearms. Handgun registration in Clark County was grandfathered in, until SB175 (signed into law June 2nd, 2015) removed the authority of the county to register handguns in Nevada.[87] | |
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | Possession and ownership of an SBR, SBS, machine gun (selective-fire weapon), or silencer, all NFA items, are subject to federal purview and regulation.[88][89] | |
Background checks required for private sales? | Yes | Yes | In November 2016, Nevada voters approved Ballot Question 1, changing the law to require background checks for private sales.[90] Nevada Attorney General Adam Laxalt opined that the law is unenforceable.[91][92] A revised version was signed into law on February 15, 2019 to fix the deficiencies of Question 1. The law is set to go into effect in January 2020.[93][94] |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | NHRS XII §159:14 | |
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | No | NHRS XII §159:6 | Constitutional carry legal as of February 22, 2017.[95] Licenses remain available on a Shall-Issue basis for reciprocity purposes. |
License required for open carry? | No | No | NHRS XII §159:6 NHRS XVIII §207:7 | Handgun open carry without license. Loaded long guns prohibited from motor vehicles. |
State preemption of local restrictions? | Yes | Yes | NHRS XII §159:26 | Includes knives. |
NFA weapons restricted? | No | No | ||
Peaceable Journey laws? | No | No | ||
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | Yes | Yes | A lifetime purchaser identification card is required for purchase of rifles and shotguns, as well as for purchases of handgun ammunition. A permit to purchase a handgun, valid for 90 days is required for each handgun purchase. Only one handgun can be purchased within a 30-day period. According to state law, purchase permits/identification cards are supposed to be granted on a Shall-Issue basis, but in practice many issuing authorities require the applicant to justify the need for a firearm before granting approval for the permit/ID card. Some issuing authorities have been known to arbitrarily deny purchase permits and ID cards. | |
Firearm registration? | No | Yes | The NJ State Police Firearms Investigation Unit (NJSP FIU) maintains a record of all handgun transfers, except for inherited firearms willed to the transferee, or firearms brought to the state by new residents moving to the state. Firearm registration is voluntary, but since handgun purchase permits are also a form of register, there is de facto mandatory handgun registration for handguns purchased in-state. Purchases by NJ residents must either be from a licensed dealer in NJ or a private individual who is a resident of NJ. In both dealer purchases and private sales, a copy of the purchase permit is sent to the NJSP FIU. A NICS background check at the point of sale is only required for purchases from dealers. | |
Owner license required? | No | No | No license is required to own any firearm in New Jersey, except an assault firearm or NFA regulated firearms | |
Permit required for concealed carry? | N/A | Yes | N.J. Admin. Code § 13:54 | New Jersey calls its permit a 'permit to carry a handgun' and is a 'may-issue' by law for firearm carry, either openly or concealed, but permits are rarely or never granted to the general populace. Permit applicants must 'specify in detail the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life that cannot be avoided by means other than by issuance of a permit to carry a handgun.' Then it must be approved by both the township's police chief and a NJ judge, whereas the applicant will not know who denied the $200 application to carry. As a result of this tough standard, New Jersey is effectively a 'no issue' state unless one is a retired law enforcement officer or an individual with political connections. Armed security officers and armored car drivers typically get restricted permits limited to carry while on duty only. A letter of need from the security company is required. |
Permit required for open carry? | No | Yes | Open carry is allowed only with a permit to carry a handgun and is generally not practiced except by security officers and others who carry firearms on duty. While it is technically legal to carry long guns with a valid Firearm Purchaser ID card, it is generally frowned upon by law enforcement, except when hunting. One can expect to be detained and questioned in most places if carrying in this manner. | |
State preemption of local restrictions? | No | No | There is limited state preemption for some firearm laws. | |
Assault weapon law? | Yes | Yes | N.J.S.A 2C:39-1[96] | New Jersey prohibits the possession of certain named firearms or 'substantially identical' firearms deemed to be assault firearms, including possession of parts from which an assault firearm may be readily assembled. Firearms classed as assault firearms but acquired before May 1, 1990 and registered with the state are legal to possess. Police officers may possess assault weapons for duty purposes and may possess personal assault weapons with recommendation by their agency. |
Magazine capacity restriction? | Yes | Yes | Magazines are limited to 10 rounds for semi-automatic pistols and rifles, and 6 rounds for semi-automatic shotguns. | |
NFA weapons restricted? | Yes | Yes | N.J.S.A 2C:39-3(a-c)[97]; N.J.S.A 2C:58-5[98] | Possession of short barreled rifles, short barreled shotguns, destructive devices, and suppressors are prohibited to the average citizen. Law is silent on AOWs. Possession of a machine gun requires a state license, which is granted on a may issue basis by a county superior court judge. Machine gun licenses are extremely difficult to obtain. |
Background checks required for private sales? | Yes | Yes | Private firearm sales require a background check conducted through a federally licensed gun dealer. | |
Red flag law? | Yes | Yes | A judge may issue a gun violence restraining order authorizing the police to confiscate a person's firearms if the judge determines that the person poses a significant risk of personal injury to himself or others. |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | New Mexico does not require any permit to purchase a long gun or handgun.[99] | |
Firearm registration? | No | No | ||
Assault weapon law? | No | No | There are no assault weapon laws. | |
Magazine Capacity Restriction? | No | No | There is no magazine capacity restriction.[100] | |
Owner license required? | No | No | ||
License required for concealed carry? | N/A | Yes | NMSA 29–19–4 | Shall-issue to full-time and part-time residents (who hold a valid New Mexico ID/Driver's License), with passage of a criminal history check and mental health records check, and completion of 15-hour handgun safety course that includes live-fire instruction. Active military and law enforcement members and veterans honorably discharged within 20 years of permit application are exempt from training requirement.[101] Permit required to carry concealed loaded firearm on foot. 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. Unlawfully carrying a concealed firearm is a petty misdemeanor that is punishable by up to 6 months in a county jail and/or a fine of up to $500. Except for active-duty military members and dependents permanently stationed in the state, New Mexico does not issue CHLs to non-residents. |
License required for open carry? | No | No | It is legal to open carry a loaded rifle and/or handgun in New Mexico without a permit.[102] | |
Vehicle carry permitted? | Yes | Yes | A loaded firearm may be carried/transported either openly or concealed in a vehicle without a permit. | |
Out-of-state permits recognized? | N/A | Partial | New Mexico recognizes permits from states with reciprocity agreements (currently 24 states).[103] | |
Duty to Inform? | No | No | Although not mandated by state law, it is customary in New Mexico to inform law enforcement officials when transporting firearms. Those who are carrying a loaded pistol or revolver concealed while on foot must carry their CHL with them and present it upon demand by law enforcement. | |
Concealed Carry on College Campuses? | No | No | NMSA 29-19-8 NMSA 30-7-2.4 | Firearms and ammunition may be stored in a locked vehicle while parked on campus, and may be carried while driving in a vehicle on campus, but may not be carried on foot while on campus property or stored in an on-campus facility. Exceptions exist for university-sponsored shooting events and ROTC programs.[104] |
NFA weapons restricted? | No | No | ||
State pre-emption of local ordinances? | Yes | Yes | NMSA 29-19-10 | As stated in Article 2, Section 6 of the New Mexico Constitution. Tribal laws on Native American reservations not pre-empted. Some tribes recognize New Mexico firearms laws, while others do not and have far more restrictive firearms policies. Additionally, some local jurisdictions have enacted ordinances restricting or banning the discharge of firearms within their boundaries. |
Castle Doctrine law? | Yes | Yes | NMSA 30-2-7 | New Mexico's self-defense statute (NMSA 30-2-7) is vaguely worded and does not specifically address Castle Doctrine or Stand Your Ground situations.[105] However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably feels 'threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.'[106] Currently, the courts have limited the scope of Castle Doctrine/Stand Your Ground to self-defense situations occurring inside the defender's home, and neither law nor court precedence provides the defender immunity from lawsuits by the aggressor arising from the use of lethal force in self-defense. Additionally, judicial precedence in New Mexico has established that the use of lethal force is not justifiable in defense of one's property alone. |
Duty to Retreat? | No | No | ||
Opt-Out statute? | Yes | Yes | NMSA 29–19–12; NMSA 30–14–6; NMAC 10.8.2.27 | Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. Violating these 'gun-free' establishments is a full misdemeanor punishable by less than one year in the county jail and/or a fine of up to $1,000 (Criminal Trespass - NMSA 30-14-1). |
Peaceable journey laws? | No | No | One may travel through or within New Mexico with a loaded weapon in a vehicle. Federal law pre-empts Native American reservation laws. FOPA is observed. | |
Background checks required for private sales? | Yes | Yes | Effective July 1, 2019. Senate Bill 8, which establishes a requirement for NICS background checks for private-party transfers was signed into law on March 8, 2019. Exceptions will exist for active/retired LEO transfers and transfers between immediate family members.[107][108] Some local counties have adopted Second Amendment sanctuary resolutions in opposition to universal background check laws.[109] |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Yes | S 265.20, S 265.01 | No NYS permit is required for long guns. Handguns require a permit. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Nassau and Suffolk Counties, with a background check. Permits for those wanting to carry concealed are issued on a 'may issue' basis, whereas permits to merely purchase and possess handguns in the home are issued on a 'shall issue' basis. There is an application fee for each permit, as well as an amendment fee for each handgun added to the permit. NOTE: Different laws apply for NYC |
Firearm registration? | No | Yes | S 700.00, S 265.01 | No registration for long guns. All handguns must be registered under a license. There is a $3 registration fee. Handguns are registered with purchase permit. The serial number and sale is noted down. It is illegal to possess any un-registered firearm. Antique weapons are exempted from this. All handguns must travel in the manner one's license is issued. No record is needed of previously owned handguns with law enforcement. *All rifles classified as assault weapons must be registered with the state by January 15, 2014. NOTE: Different laws apply for NYC |
Owner license required? | No | Yes | S 265.20, S 265.01 | No license is required for long guns; however, New York State requires a license for handgun ownership. Handgun licenses are normally restricted to three types: residence or business premises permit (must issue generally), Target & Hunting, and Unrestricted Carry. Target and hunting allows carry while engaged in those activities. Unrestricted allows carry at any time. All permits issued outside of New York City are not valid in New York City EXCEPT for retired police and federal law enforcement officers with that status marked on their permit and for armored car guards on duty. The minimum age to be issued a handgun license is 21 unless you are a former or current member of the armed forces or law enforcement. NOTE: Different laws apply for NYC |
License required for concealed carry? | N/A | Yes | S 400.00 | New York counties, and some police departments, issue pistol licenses on a 'may issue' basis. Discretionary issuance policies vary widely across the state. Generally, it is harder to obtain a license in counties closer to large New York cities. Most counties that aren't a part of downstate New York have shall/reasonable issuance policies, but may administratively restrict time or place of carry (such as only for target shooting or hunting). It is not a crime to carry a weapon under a Target or Hunting permit for other purposes, but if caught or reported the permit will likely be revoked. Concealed carry without any kind of permit must be charged as a felony unless the weapon is unloaded and no ammunition for it is in possession of the person carrying. All permits are valid throughout the state, except in the City of New York, unless validated by the police commissioner of that city, or by armored car guards, retired police officers and retired federal law enforcement officers as specified in the Criminal Procedure Law. NY Penal Law 400 (6). While New York law does not allow issuance of pistol licenses to non-residents, 2013 federal appeals court and State appeals court rulings clarified the residency requirement. This clarification allowed those domiciled outside of the state with a part-time residence in New York to be issued a permit at the discretion of the licensing officer.[110] |
Open carry allowed? | No | No | S 265.35, S 265.01 | The law is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a license to carry is issued to carry concealed as per penal law 400. Therefore, pistol permit holders must carry concealed. Open carry permitted while hunting and possibly on one's own property. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced. It is illegal however to transport an uncased long gun in a motor vehicle, unless it is in the trunk or a compartment not accessible by anyone inside the vehicle. |
Assault weapon law? | Yes | Yes | S 265.00, S 265.02 | Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and registered with the state by January 15, 2014 or classified as an antique assault weapon. New York City, Buffalo, Albany, and Rochester have enacted their own assault weapon bans. Law enforcement and retired law enforcement are exempt from the assault weapons ban. |
Magazine capacity restriction? | Yes | Yes | § 265.02 | Magazine size limited to 10 rounds. Law enforcement and retired law enforcement with last service weapon only, are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. Under the NY SAFE Act (signed on the 15th of January, 2013 by Gov. Andrew Cuomo) the magazine law was changed. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was struck down by a federal judge on December 31, 2013. |
Title II (National Firearms Act) weapons restricted? | Yes | Yes | S 265.02, S 265.02 | Ownership of machine guns, suppressors, short-barreled rifles, AOW's and short-barreled shotguns are prohibited to the average citizen. Destructive devices are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited. AOW's disguised as non-firearms are illegal. |
Castle Doctrine Law? | Yes* | Yes* | § 35.20 | *New York has a castle doctrine law. It allows for the 'use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary.' Lethal force is governed under §35.15. |
State preemption of local restrictions? | No | No | None | New York preempts only handgun licensing.[111] Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws, such as licensing of long guns and 5-round magazine limits.[112][113][114] |
Peaceable journey laws? | Yes | Yes | S 265.10 | With certain restrictions (see below), most notably magazines are not exempt. FOPA is complied with by police agencies in New York after losing some false arrest lawsuits. |
Background checks required for private sales? | Yes | Yes | NY Gen Bus L § 898 (2012) | For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police, and keep a record of the transaction.[115] |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Yes | For handguns, a Pistol Purchase Permit (issued by the sheriff in the county of one's residence) or a North Carolina issued Concealed Handgun Permit is required. Presenting either of these exempts the buyer from the on-the-spot NICS background check. | |
Firearm registration? | No | No | Durham County formerly required registration of handguns. This was repealed on June 18, 2014. State law now makes it unlawful for any government entity within the state to maintain a firearms registry. | |
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | North Carolina is a 'shall issue' state for Concealed Handgun Permits. An individual must inform a Law Enforcement officer when addressed he/she is carrying a concealed handgun n. (Gen Stat. § 14-415.12A) [116] | |
Permit required for open carry? | No | No | Open carry is not specifically limited by state law, but some local governments may have ordinances against openly carried weapons. See state pre-emption section below | |
State preemption of local restrictions? | Yes | Yes | North Carolina has state preemption for most firearm laws.[117] | |
Assault weapon law? | No | No | ||
NFA weapons restricted? | No | No | All NFA weapons (Title II weapons) and silencers/suppressors are allowed, as long as federal rules are followed | |
Shall Certify? | Yes | Yes | Section 13 (§ 14-409.41) | Shall certify within 15 days. |
Background checks required for private sales? | No | Yes | Article 52A, § 14-402 | A person acquiring a handgun must have either a permit to purchase a handgun or a concealed handgun permit. A background check is required to obtain either of these permits. |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | No | North Dakota is a 'shall issue' state for concealed carry. Permitless concealed carry (for residents only) effective August 1, 2017. Class 1 & 2 permits will still be available. Permit still required to carry openly. | |
License required for open carry? | No | Yes | Open carry of long guns is generally permitted. Open carry of a loaded handgun is permitted only by individuals with a valid concealed weapons license. Non permit holders may carry one hour before sunrise until one hour after sunset provided the firearm is unloaded and in plain sight.[118] | |
State preemption of local restrictions? | Yes | Yes | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | NFA-compliant automatic firearms must be registered with the county sheriff and the state Bureau of Criminal Investigation. Binary triggers are not considered machine guns.[119] | |
Shall Certify? | Yes | Yes | 62.1-05 | Shall certify within 30 days. |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | None | |
Firearm registration? | No | No | None | |
Assault weapon law? | No | No | O.R.C. 2923.11 | |
Owner license required? | No | No | None | |
License required for concealed carry? | N/A | Yes | O.R.C 2923.125 | Shall Issue – 8 hours of training required, 2 hours of which must include range time. Active duty members of the Armed Forces are exempt from the carry permit requirement.[120] |
License required for open carry? | No | No | O.R.C. 2923.16 | May open carry without a permit if 18 years or older. Restrictions in motor vehicle and licensed liquor establishments. |
State preemption of local restrictions? | Yes | Yes | O.R.C. 9.68 | Full preemption, affirmed by City of Cleveland v. State of Ohio. Further strengthened by HB 228[121] |
NFA weapons restricted? | No | No | NFA items are legal if registered in accordance with the NFA. | |
Shall certify? | Yes | Yes | O.R.C. 311.43 | Shall certify within 45 days. |
Peaceable journey laws? | No | No | None | Federal rules observed. |
Duty to inform? | No | Yes | O.R.C. 2923.126 | Any concealed handgun licensee must inform a law enforcement officer immediately upon contact for law enforcement purposes if they are in possession of a loaded handgun. If the licensee is an occupant of a vehicle and there is a loaded handgun in the car, the licensee must also inform the law enforcement officer. |
Background checks required for private sales? | No | No |
Subject/law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | - | Private sales legal, no waiting period. |
Firearm registration? | No | No | – | None |
Assault weapon law? | No | No | – | None |
Owner license required? | No | No | §21-1273, §21-1276, §21-1283, | None |
License required for concealed carry? | N/A | Yes | §21-1277, §21-1272, §21-1278, §21-1290.5 | Constitutional carry legal as of November 1, 2019.[122] Concealed carry of loaded handguns permitted; open carry became lawful with permit as of November 1st, 2012. Unlicensed public carry of unloaded handguns and long arms by persons eligible to possess firearms is allowed under some circumstances. |
License required for open carry? | N/A | Yes | §21-1290 | Open carry is permitted with a handgun carry license.[123] No license required as of November 1, 2019.[122] |
State Preemption of local restrictions? | Yes | Yes | §21-1289.24 | – |
NFA weapons restricted? | No | No | §21-1289.18 | Short barreled rifles and shotguns are illegal to possess under state law unless registered under the NFA, ownership and possession of automatic firearms is legal under state law. |
Shall Certify? | Yes | Yes | §21-1289.30 | Shall certify within 15 days. |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ORS 166.412(7)(a) | The Oregon State Police maintain a record of firearms sales from FFL holders for a period of 5 years, after which the records are destroyed. |
Owner license required? | No | No | --- | |
Minimum age to purchase firearms. | 18 | 21[124] | ORS 166.470 | Oregon law prohibits any person from intentionally selling, delivering, or otherwise transferring any firearm to anyone under 18 years of age (ORS 166.470(1)(a)), except:
|
Minors allowed to possess firearms? | Yes, with exceptions | Yes, with exceptions | ORS 166.250 | Minors may:
|
Assault weapon law? | No | No | No Oregon state laws define or regulate assault weapons. Some local counties have adopted Second Amendment sanctuary resolutions in opposition.[125] | |
License required for concealed carry? | N/A | Yes | ORS 166.291 | Oregon is a 'shall-issue' state for residents. Technically sheriffs 'may issue' licenses to non-residents of contiguous states; however, in practice most county sheriffs either adopt very restrictive criteria for issuance to non-residents or simply refuse to issue licenses. Carrying of a concealed firearm is prohibited by ORS 166.250, however holders of a valid Concealed Handgun License are exempt from this law. (see ORS 166.260). In 2011, the Oregon Court of Appeals ruled that public universities no longer have the authority to prohibit firearms on their grounds, however may still prohibit them inside buildings. This effectively legalized campus carry on grounds. |
License required for open carry? | No | No | Or. Const. Art. I § 27 ORS 166.250(3) | Open carry of firearms is legal statewide without a permit. However, Oregon law allows a city or county to regulate open carry of loaded firearms in public places, but holders of concealed carry permits are exempt. (ORS 166.173) The cities of Portland,[126] Beaverton,[127] Tigard,[128] Oregon City,[129] Salem,[130] and Independence,[131] as well as Multnomah County,[132] have statutes which do not allow open carry of loaded firearms (unless one has a concealed carry permit). |
State preemption of local restrictions? | Yes | Yes | Or. Const. Art. I § 27 ORS 166.170 | The authority to regulate the sale, acquisition, transfer, ownership, possession, storage, transportation, or use of firearms or any element relating to firearms and firearm components, including ammunition, is vested solely in the State Legislative Assembly. |
NFA weapons restricted? | No | No | ORS 166.272 | Possession of NFA restricted firearms and non-firearm items is legal, but owners must comply with the NFA regulations. (ORS 166.272(3)) |
Peaceable journey laws? | Yes | Yes | --- | The State of Oregon recognizes federal law, Title 18 U.S. Code § 926A |
Background checks required for private sales? | Yes | Yes | SB941 (2015) | Private party firearm transfers must be conducted through a licensed firearm dealer while both parties are present. The dealer is required by federal law to conduct a background check and keep a record of the sale. |
Red flag law? | Yes | Yes | Or. Law Chp. 737 (2017) | If a person appears to be in imminent danger of hurting themselves or another person, a police officer or a member of the person's family or household may petition the court for a one-year order that would prohibit the person from possessing a deadly weapon. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | Partial | 18 Pa.C.S. § 6111.4 | 18 Pa.C.S. § 6111.4 forbids the government from creating a firearm registry. Nevertheless, all handgun buyers in the state must undergo a PICS check at the point of sale, a record of which is maintained by the state police in a 'sales database'. The Pennsylvania Supreme Court has ruled that this is legal under the aforementioned statue, as it is not a comprehensive record of all handgun ownership within the state — gun owners moving into the state are not required to register their firearms. |
Assault weapon law? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | Yes | 18 Pa.C.S. § 6109 | License to Carry Firearms issued on a 'shall-issue' basis. A LTCF is required to carry a firearm concealed on one's person, in a vehicle, or during a declared state of emergency. |
License required for open carry? | No | No | Unlicensed open-carry, except license required in Philadelphia (City of the First Class) and when within a vehicle. | |
Castle Law/Stand Your Ground? | Yes | Yes | [5] | Castle Law. No duty to retreat inside castle. No duty to retreat outside castle if confronted with a deadly weapon or an object that appears to be one in a place where the person has a right to be. |
State preemption of local restrictions? | Yes | Yes | 18 Pa.C.S. § 6120 | |
NFA weapons restricted? | No | No | ||
Peaceable Journey laws? | Yes | Yes | [6] | Non-residents may carry in a vehicle if in possession of a valid carry permit from any state. Otherwise, federal rules observed. |
Background checks required for private sales? | No | Yes | All private party transfers of handguns must be processed through a licensed dealer, or at a county sheriff's office. In either case a background check is required. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | Yes | RI Gen. Stat. 11–47–35 | All purchasers of handguns 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. Exempt are active duty military members, active and retired law enforcement officers, correctional officers, and persons licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11.[133] |
Firearm registration? | No | No | RI Gen. Stat. 11–47–41 | |
Assault weapon law? | No | No | None | |
Owner license required? | No | No | None | |
License required for concealed carry? | N/A | Yes | RI Gen. Stat. 11–47–11 RI Gen. Stat. 11–47–18 | Rhode Island is a hybrid 'shall issue' and 'may issue' state for carry. Licenses may be granted either by local authorities or by the state's attorney general's office. Licenses granted by local authorities are 'shall issue' while those issued by the attorney general's officer are 'may issue' under state law. Until recently, most local authorities had been deferring to the attorney general which effectively blocks most issuance, unless one is a retired LEO. The practice of not issuing permits on a true 'shall issue' basis has been the subject of recent litigation. In April 2015, the Rhode Island Supreme Court has ruled that a police chief must accept and review carry permit applications and must render a decision and the reasons for that decision. More significantly, the court ruled that the issuing authority must 'show cause' for denying an applicant a carry license.[134] Permits issued by local authorities and the Attorney General's office are valid for concealed carry statewide. |
License required for open carry? | No | Yes | RI Gen. Stat. 11–47–18 | Open carry of handguns is permitted for only those with a carry permit issued by the attorney general. Open carry not permitted for those whose handgun carry permits were issued by local authorities. Long gun open carry with or without a permit is not prohibited by law. |
Vehicle carry? | No | Yes | RI Gen. Stat. 11–47–8 | Permitted with a valid Rhode Island Handgun Carry Permit. Non-residents may carry in a vehicle with a valid concealed carry permit issued by another state while traveling through Rhode Island without any intent to stop while in the state. |
Out-of-state permits recognized? | No | Vehicle carry only | None | |
State preemption of local restrictions? | Yes | Yes | RI Gen. Stat. 11–47–58 | |
Castle Doctrine Law? | Yes | Yes | RI Gen. Stat. 11–8–8 | No duty to retreat if you are in your home |
NFA weapons restricted? | Yes | Yes | RI Gen. Stat. 11–47–8 RI Gen. Stat. 11–47–20 | It is a violation of state law to possess any NFA weapon or silencers with the exception of Class III FFLs. |
Peaceable Journey laws? | No | Yes | RI Gen. Stat. 11–47–8 | One may possess a loaded handgun in a motor vehicle without a RI permit as long as one possesses a carry permit from another state and is merely transiting through Rhode Island without any unnecessary stops. Long guns must be unloaded in a vehicle. FOPA is observed. |
Background checks required for private sales? | Yes | Yes | For all firearm transfers, the buyer must pass a background check. | |
Red flag law? | Yes | Yes | The police may petition the Superior Court to issue an extreme risk protection order if they receive credible information of a significant and imminent risk. A judge may issue a temporary gun-removal order, but a hearing is required within 14 days to determine if a one-year ban on buying or possessing a firearm is warranted. | |
Waiting period? | Yes | Yes | RI Gen. Stat. 11–47–35 | After purchasing a firearm, the waiting period before the buyer can take possession is 7 days. |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | SC Code 23-31-210 | South Carolina is a 'shall issue' state for concealed carry. |
Permit required for open carry? | No | N/A | Open carry of a handgun is prohibited. | |
State preemption of local restrictions? | Yes | Yes | SC Code 23-31-510 | 'No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate the transfer, ownership, possession, carrying, transportation, ammunition, components, or any combination of these things' |
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | SC Code 16-23-210 through 16-23-250 | Permitted if registered in accordance with federal laws. State law makes possession, storage, and transfer illegal but then grants an exception for 'any person authorized to possess these weapons by the United States Department of the Treasury; the Bureau of Alcohol, Tobacco, and Firearms; or any other federal agency empowered to grant this authorization'. |
Peaceable journey laws? | No | No | None | Federal rules observed. |
Background checks required for private sales? | No | No |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | SD 23-7-7 | South Dakota is a 'shall issue' state for concealed carry. Permitless carry will become legal on July 1, 2019.[135] |
Permit required for open carry? | No | No | Open carry is generally permitted. For open carry in a vehicle, the firearm must be clearly visible. | |
State preemption of local restrictions? | Yes | Yes | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
NFA weapons restricted? | No | No | ||
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | None | No |
Firearm registration? | No | No | None | No |
Assault weapon law? | No | No | None | No |
Magazine capacity restriction? | No | No | ||
Owner license required? | No | No | None | No |
Permit required for concealed carry? | N/A | Yes | T.C.A. § 39-17-1351[136] | Permits are 'shall-issue'. Concealed or open carry of a handgun is allowed with permit. As of July 1, 2014, due to the enhanced Castle Doctrine law, a person may keep a loaded handgun or long gun in their private vehicle without a permit.[137] As of July 1, 2017, persons who can legally possess/purchase a firearm and are protected by a protection order may carry a handgun without a license for 60 days from the date of the protection order being issued.[138][139] |
Permit required for open carry? | N/A | Yes | T.C.A. § 39-17-1307 T.C.A. § 39-17-1308[136] | Open carry of loaded handguns is permitted for those who have been issued a license to carry. Long guns may only be carried unloaded. |
State preemption of local restrictions? | Yes | Yes | T.C.A. § 39-17-1314[136] | State preemption per T.C.A. § 39-17-1314(a).[136] Local governments may post signs per T.C.A. § 39-17-1359[136] to prohibit carry on government property. Local government may not, however, prohibit firearms in locally owned/operated parks and other recreational areas.[140] |
NFA weapons restricted? | No | No | None | On July 1, 2003 public chapter 275 is in effect. |
Shall Certify? | Yes | Yes | T.C.A. § 39-17-1361 | Shall certify within 15 days. |
Peaceable journey laws? | No | No | None | Federal rules observed. |
Self-defense law | Yes | Yes | T.C.A. § 39-11-611[136] | There is no 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. |
Background checks required for private sales? | No | No | None |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
License required for concealed carry? | N/A | Yes | GC Ch. 411.172[141] | Licensed carry of a handgun requires a 'shall-issue' license, and is subject to specific laws governing trespass while armed. People who are barred from licensing include those under age 21, felons, fugitives, people who are 'chemically dependent' or 'incapable of exercising sound judgment', and those in arrears for taxes or child support. |
License required for open carry? | No | Yes | PC 46.02 | Long gun and black powder weapon (including handgun) open carry is not forbidden by law, unless in a manner 'calculated to cause alarm.' Effective January 1, 2016, individuals with a handgun carry license are permitted to carry openly, per House Bill 910 of the 2015 legislative session. Non-residents from states whose permits are recognized by Texas are also allowed to open carry under the new law. |
Concealed carry on college campus? | No | Yes | May carry in parking lots, parking garages, outdoor walkways on campus. Public four-year universities (as of August 1, 2016) and public two-year colleges (as of August 1, 2017) must allow concealed carry in campus buildings as well. Universities will be allowed to designate certain sensitive areas as 'gun free zones'; these will be subject to legislative analysis. | |
State preemption of local restrictions? | Yes | Yes | LGC §229.001. | State law prohibits municipal governments from regulating the ownership, transfer, storage, or licensing of firearms, ammunition, or accessories. Local ordinances can regulate the discharge of firearms (such as for noise, nuisance or public safety), but not in contradiction of state law concerning justified use of a firearm. |
NFA weapons restricted? | No | No | PC 46.01, PC 46.05 | Texas Penal Code Section 46.05 requires that 'explosive weapons', 'machine guns', 'short-barrel firearms', and 'firearm silencers', as defined in Section 46.01, be 'registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice'. Prior to May 22nd 2015, Section 46.05 called 'registration pursuant to the National Firearms Act' a 'defense to prosecution'.[142] |
Peaceable journey laws? | Yes | Yes | PC 46.02, PC 46.15 | A person may carry a loaded handgun without a permit while in or heading directly to a motor vehicle or watercraft they own or control. The statute does not specifically state the handgun must be concealed while heading to the vehicle or watercraft, and 46.02, which requires concealment of a handgun while in a motor vehicle or watercraft, is not applicable to a person while the person is traveling, pursuant to said activities. 46.15(b)(2). |
Castle doctrine/ stand your ground law? | 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, or to prevent an unlawful, forceful attempt to remove a lawful occupant from the dwelling, or to prevent certain serious felonies such as burglary or arson. There is no duty to retreat from any place where the shooter has a legal right to be. |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault Weapons law? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | Yes | UT 53-05-704 | Carry of a loaded firearm or concealed firearm allowed with a shall-issue permit. May carry loaded handgun in vehicle without permit; loaded long guns in vehicles prohibited. As of 2004, may carry at public universities. |
Permit required for open carry? | No | Yes | Open carry of firearm without a permit is allowed as long as the gun is at least two actions from being fired, e.g. 1) rack the slide to chamber, and 2) pull the trigger; or must carry with no bullet in the next chamber in a revolver, so have to pull the trigger twice to fire. Open carry of a loaded firearm (e.g., a live round of ammunition in the firing chamber) is allowed with a permit. | |
State preemption of local restrictions? | Yes | Yes | Municipalities may regulate the discharge of firearms. | |
NFA weapons restricted? | No | No | Possession of NFA firearms in violation of federal law is a third degree felony under state law. However, possession and ownership of NFA firearms and items is legal under state law if federal requirements and laws are followed. | |
Shall certify? | Yes | Yes | 53-5a-104 | Shall certify within 15 days. |
Peaceable Journey law? | Yes | Yes | 76-10-523 | Persons exempt from weapons laws. '(g) a nonresident traveling in or through the state, provided that any firearm is: (i) unloaded; and (ii) securely encased as defined in Section 76-10-501.' Handguns may be loaded in any vehicle under the person's control. |
Castle Doctrine law? | Yes | Yes | 76-2-405 | Force in defense of habitation. '(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if: (a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or (b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony. (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.' |
Stand Your Ground law? | Yes | Yes | 76-2-402 | Force in defense of person -- Forcible felony defined. '(1) (a) A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force. (b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony.' |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | Must be 21 to purchase any firearm. May purchase at 18 if one has passed an approved hunter safety course.[143][144] | |
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine restriction? | Yes | Yes | A gun control bill, passed on March 30, 2018, bans sale of magazines of more than 10 rounds for long guns and 15 rounds for pistols.[145] It was signed by Governor Scott on April 11. | |
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | Vermont Firearm Laws | May carry open or concealed without permit as long as you are a citizen of the U.S. or a lawfully admitted alien, and not otherwise prohibited from possessing firearms under state or federal law. |
Permit required for open carry? | No | No | ||
State preemption of local restrictions? | Yes | Yes | ||
NFA weapons restricted? | No | No | Vermont legalized suppressors on June 17, 2015.[146] | |
Background checks required for private sales? | Yes | Yes | [143] | |
Red flag law? | Yes | Yes | [143] |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | § 18.2-295 | Fully automatic firearms (machine guns) are required to be registered with the state police. |
Owner license required? | No | No | Proof of age and citizenship required for the purchase of 'assault weapons'. | |
Permit required for concealed carry? | N/A | Yes | § 18.2-308 | Virginia is a 'shall issue' state for concealed carry. Permits are issued to non-residents and training is permitted online or in person.
|
Permit required for open carry? | No | No | § 15.2-915.2 § 18.2-287.4 | Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of 'assault weapons' (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, you may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.
|
State preemption of local restrictions? | Yes | Yes | § 15.2-915 | Virginia has state preemption for most but not all firearm laws. |
Assault weapon law? | Yes | Yes | § 18.2-308.2:2 | Proof of age (18+ for long arms, 21+ for pistols) and proof of citizenship (or permanent residence license) are required for the purchase of 'assault weapons'. 'Assault weapons' are defined as a semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor. |
Magazine restriction? | No | No | § 18.2-287.4 | Magazines capable of holding more than 20 rounds are legal but, they make the firearm an 'assault weapon', subject to law accordingly. |
NFA weapons restricted? | No | No | § 18.2-308.8 § 18.2-308.5 § 18.2-295 | Fully automatic firearms (machine guns) must be registered with the state police. Plastic firearms and some destructive devices (such as the striker 12 shotgun) are prohibited outside law enforcement. SBS, SBR, AOWs, and suppressors are legal with NFA paperwork. |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Revised Code of Washington | Notes |
---|---|---|---|---|
State permit required to purchase? | Partial | No | Must be 21 to purchase a pistol or semiautomatic rifle; Starting July 1st, 2019 purchase of a semiautomatic rifle will require that the purchaser provides proof that they have completed a recognized firearm safety training program in the last five years.[149] | |
Firearm registration? | No | Partial | Retail dealers must record and report all retail pistol sales to local police/sheriff and to state department of licensing, and must record and report all semiautomatic rifle sales after July 1st, 2019.[150] | |
Owner license required? | No | No | ||
Constitutional Right to Bear Arms? | Yes | Yes | WA Constitution art. 1 sec. 24 | |
Permit required for concealed carry? | N/A | Yes | Washington is a 'shall-issue' state and will grant concealed carry permits to all applicants who meet the criteria. There are no training requirements. | |
Permit required for open carry? | No | No | RCW 09.41.050 (in vehicle) | Open carry is lawful in Washington without any permit. Open carry of a loaded handgun in a vehicle is legal only with a concealed pistol license. Open carry of a loaded long gun in a vehicle is illegal, regardless of CPL possession. On January 31, 2019, the Washington Court of Appeals ruled that the mere possession of a handgun is not sufficient for conducting a Terry stop.[151] |
State Preemption of local restrictions? | Yes | Yes | State law does not allow more restrictive local laws. Seattle and Edmonds have passed ordinances mandating safe storage of firearms when not being carried or used. Seattle's ordinance also has reporting requirement for lost or stolen firearms within 24 hours. Both cities are being sued for violation of state preemption.[152][153] | |
Assault weapons law? | Yes | Yes | Additionally, I-1639 was passed by voters in November 2018, redefining all semiautomatic rifles as 'semiautomatic assault rifles.' Some local counties have adopted Second Amendment sanctuary resolutions in opposition.[154] | |
Magazine capacity restrictions? | No | No | ||
NFA weapons restricted? | Partial | Partial | Machine guns and short-barreled shotguns—unless purchased before July 1, 1994—are illegal for non-law-enforcement possession. Suppressors,destructive devices and any other weapons are lawful to possess and use if registered properly with ATF. Short barreled rifles are lawful to possess and use if registered properly with the ATF, as of June 12, 2014.[155] | |
Peaceable Journey laws? | No | No | Federal travel-with-a-firearm laws apply. Some out-of-state CCW licenses valid, otherwise carry must be open or, in a vehicle, unloaded. | |
Castle Doctrine / Stand your ground law? | Not defined - de facto | RCW 9A.16.050, RCW 9A.16.110 | The Washington State Supreme Court ruled 'that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.'[156][157] | |
Background checks required for private sales? | Yes | Yes | Initiative 594 (2014) | Private party firearm transfers must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale, unless one of the specifically enumerated exceptions in RCW 9.41.113.[158] |
Red flag law? | Yes | Yes | The police may temporarily take guns away from people a judge deems a threat to themselves or others without notice to the defendant. If the defendant does not appear to request the restrictions be lifted, they will remain in place.[159] |
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Owner license required? | No | No | ||
License required for concealed carry? | N/A | No | §61-7-4 | As of May 24, 2016,[160] West Virginia became a constitutional carry state. Any person 21 years or older who is legally able to own a handgun may carry the weapon concealed without the need of obtaining a permit. A permit is required for individuals 18-20 years old who wish to carry a handgun concealed. Carry permits are still issued on a 'shall issue' basis to anyone who would like one for reciprocity purposes. As of October 2016, there are 37 states that recognize WV permits for those 21 years or older, and of those 35 states, 16 recognize WV permits issued to persons 18 years or older. Note: 2 of the 37 states don't officially recognize the WV permit, but are constitutional carry states, so no permit is required.[161][162] |
License required for open carry? | No | No | Open carry is generally allowed without a permit. | |
State preemption of local restrictions? | Yes | Yes | §8-12-5a | Pursuant to The Enrolled Public Act of Senate Bill 317 by The West Virginia Legislature, as Signed into Law by Governor Tomblin, The Amended Provisions of West Virginia Code Section 8-12-5a(a) Preempt and Preclude Municipalities from Regulating: '...The Carry[ing] of any Revolver, Pistol, Rifle, or Shotgun'. As a Result, a Municipality may no longer Prohibit Open Carry of a Firearm within its Jurisdictional Limits. |
Assault weapon law? | No | No | ||
NFA weapons restricted? | No | No | ||
Shall Certify? | Yes | Yes | §61-7-16 | Shall certify within 30 days. |
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
Constitutional right to bear arms | Yes | 1:25 | 'The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.' | |
State preemption of local restrictions? | Yes | 66.0409 | ||
State permit required to purchase? | No | No | 175.35 | |
License required for concealed carry? | N/A | Yes | 175.60 | Permit is given on a shall-issue basis. Concealed carry of knives (not intended for use as weapons) is legal without a permit. Campus carry is allowed, but buildings may be exempted if signs forbidding firearms are posted. |
License required for open carry? | No | No | 947.01 66.0409 | Open carry of loaded handguns and long guns and knives is permitted without a license. |
Owner license required? | No | No | 941.29 | |
Castle Doctrine/Self Defense Statutes | Yes | 895.62 | Immunity from prosecution and civil damages in the home, with conditions and exceptions | |
939.48 | No duty to retreat in the 'dwelling' or owned/operated place of business. No deadly force solely to protect property. 3rd party protection. If attack is provoked, self defense may only be used if reasonable belief of imminent death or great bodily harm. If attack is provoked deadly force only allowed if all other reasonable means of avoidance exhausted. | |||
940.01 | 'the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt' | |||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine capacity restrictions? | No | No | ||
NFA weapons restricted? | No | No | 941.298 | Machine guns allowed, but may not shoot pistol cartridges and may not be possessed aggressively or offensively. Suppressors, SBR, and SBS are allowed if NFA rules followed, otherwise felony. |
Background checks required for private sales? | No |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | Residents may carry open or concealed without a permit however, permits are issued on a shall-issue basis to those who wish to have them. Non-residents are required to have a CCW permit from a state Wyoming recognizes if they wish to carry concealed. | |
Permit required for open carry? | No | No | No permit required for both residents and non-residents. | |
State Preemption of local restrictions? | Yes | Yes | ||
NFA weapons restricted? | No | No | ||
Background checks required for private sales? | No | No |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | Yes | N/A | A license is required to possess or import long guns or ammunition. Handguns are prohibited for civilian possession despite D.C. v Heller and McDonald v Chicago. | |
Firearm registration? | Yes | Yes | All firearms must be registered with the American Samoa Public Safety Department. | |
Assault weapon law? | No | No | All handguns and centerfire firearms banned; Only 12, 16, 20 and 410 gauge shotguns and shotgun shells and 22 caliber rifles and their ammunitions are allowed | |
Magazine capacity restriction? | No | No | ||
Concealed carry allowed? | N/A | No | Concealed carry is illegal. | |
License required for open carry? | Yes | Yes | Open carry is legal for holders of a valid License to Possess which are required to purchase and possess firearms;[163] though Licenses to Possess have been restricted to only shotguns and rimfire rifles since 1991, effectively banning handguns.[164] Licenses issued for handguns and other firearms prior to 1991 are grandfathered as long as they remain valid.[165] | |
NFA weapons restricted? | Yes | Yes | Explosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited.[166] | |
Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | Yes | Yes | 60103, 60106 | FOID required. |
Owner License Required | Yes | Yes | 60106 | |
Firearm registration? | Yes | Yes | 60110 | |
License required for concealed carry? | N/A | Yes | 60109 | Shall Issue. Bill 296-32 passed by legislature for shall issue,[167] signed by Governor.[168] |
License required for open carry? | Yes | Yes | FOID required.[169] | |
Assault weapon law | No | No | ||
Magazine capacity restriction? | No | No | ||
NFA weapons restricted? | Yes | Yes | SBR, SBS, Machine guns, and silencers are prohibited. Destructive devices and AOW's are legal with NFA tax stamp. | |
Castle law |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | Yes | Yes | A license is required to purchase guns or ammunition. | |
Firearm registration? | No | No | Registration of firearms has been ruled unconstitutional.[171][172] | |
Assault weapon law? | No | No | Ban on assault weapons was ruled unconstitutional.[171][172] | |
Magazine capacity restriction? | Yes | Yes | No magazines over 10 rounds.[173] | |
Concealed carry allowed? | N/A | No | Concealed carry remains illegal. | |
License required for open carry? | N/A | No | The general ban on carrying operable firearms in public was ruled unconstitutional. Lawful gun owners may carry loaded handguns openly as long as other laws are not violated, such as gun-free zones.[171][172] | |
NFA weapons restricted? | Yes | Yes | Short barreled shotguns, short barreled rifles, machine guns, suppressors, and grenade launchers are prohibited. | |
Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | Yes | Yes | Firearms purchases are subject to the requirements of US federal law | |
Firearm registration? | Yes | Yes | ||
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
Owner license required? | Yes | Yes | ||
Permit required for concealed carry? | N/A | Yes | May-Issue according to law, but permits are rarely granted to ordinary citizens. Unrestricted concealed carry was technically allowed from June 20, 2015 to October 31, 2016 following a lawsuit challenging Puerto Rico's restrictive gun laws. The lower court ruling striking down many of the territory's laws was appealed by the government to the Appeals Court, which reversed the lower court's decision. The Puerto Rico Supreme Court declined to hear the appeal of the Appeals Court ruling from the plaintiffs in the case, effectively restoring Puerto Rico's restrictive permitting policy for concealed carry.[174] | |
Open carry allowed? | No | No | Permitless open carry was technically allowed from June 20, 2015 to November 16, 2016 following a lawsuit challenging Puerto Rico's restrictive gun laws. The lower court ruling striking down many of the territory's laws was appealed by the government to the Appeals Court, which reversed the lower court's decision on November 16, 2016. The Puerto Rico Supreme Court has declined to hear the appeal of the Appeals Court ruling from the plaintiffs in the case, effectively restoring Puerto Rico's ban on open carry. | |
NFA weapons restricted? | Yes | Yes | Automatic firearms, short barreled shotguns, and silencers are prohibited. | |
Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | Yes | Yes | A license is required to purchase any firearm or ammunition. | |
Firearm registration? | Yes | Yes | All firearms must be registered with the Virgin Islands Police Department. | |
Assault weapon law? | Yes | Yes | Assault weapons and .50 BMG rifles prohibited. | |
Magazine capacity restriction? | Yes | Yes | ||
License required for concealed carry? | N/A | Yes | The territory currently has a 'may issue' policy for concealed carry permits. To obtain one, the applicant must meet a stringent set of requirements, so few people receive permits. | |
Open carry allowed? | No | No | Open carry is prohibited. | |
NFA weapons restricted? | Yes | Yes | Automatic firearms and short barreled shotguns are prohibited. | |
Peaceable journey laws? | No | No | Federal law (FOPA) applies. |
Congress may not require the States to administer a federal regulatory program
The measure makes private transactions subject to the same legal requirement as purchases involving licensed dealers, for which federal background checks are necessary.