- Gun laws in the United States (by state)
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.For instance, some U.S. states have created assault weapon bans that are similar to the expired federal assault weapons ban. 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. 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. As well, the Supreme Court of the United States has held that the protections of the Second Amendment apply against state governments and their political subdivisions (see: McDonald v. Chicago).
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.
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.
The Constitution of Alabama provides that every citizen has a right to bear arms in defense of himself and the State. The State preempts local regulation of handguns. The handgun preemption statute reads "[t]he entire subject matter of handguns is reserved to the State Legislature." With regards to firearms other than handguns, localities may regulate the discharge of firearms and levy taxes. On April 21, 2010, Gov. Bob Riley signed House Bill 2 into law as Act 2010-496 amending Ala. §13A-11-63, to allow civilian ownership of short-barrel rifles and short-barrel shotguns, as allowed by federal law. The only firearms known to be prohibited are those disguised as walking canes.
Licensed dealers are required to process background checks through the FBI prior to completing a sale. Licensed dealers must keep a record of every handgun sold, including the purchaser's signature and particular information about the firearm being sold. Private sales of handguns and long guns are legal and no background check is required; however, it is unlawful to sell a firearm to a prohibited person.
Firearms are prohibited from certain places, including demonstrations. Firearms are prohibited on the premises of public schools only by persons with intent to do bodily harm. State administrative agencies have regulations restricting or prohibiting firearms in state parks, state forests, recreation areas, offices of the Department of Human Resources, domestic violence shelters, youth detention facilities, wildlife management areas, refuges, and sanctuaries, and licensed family and group day care and other child care facilities. Open carry on foot is generally allowed without a license, withstanding other applicable laws. Carrying a handgun in a vehicle, whether open or concealed, requires a license. Carrying a handgun on premises that are not owned or under the control of the possessor is prohibited unless the person has a valid concealed handgun license. However, Looney v. State holds that a person on foot needs no license or permit to openly carry a handgun, a license is required in a vehicle, and a license is required to carry a concealed handgun.Alabama may issue a license, either qualified or unlimited, to applicants who are residents of the county in which they apply, who do not have any disqualifying criminal convictions, who are suitable persons, and who have good reason to fear injury to their person or property or have any other proper reason for carrying a handgun. In practice, virtually all Alabama county sheriffs, as of 2010, issue licenses to all "suitable persons." The law requires applicants to be residents, so they do not issue licenses to non-residents. The license is valid to carry a handgun in a vehicle or concealed on or about one's person within the State. Licenses are valid for up to one year at a time. Alabama honors licenses issued by any state that also honors Alabama's licenses, provided that the license holder is not a resident of Alabama.
Constitutional Provision Constitution of Alabama - Article 1. Declaration of Rights. § 26. Right to bear arms.
That every citizen has a right to bear arms in defense of himself and the state.
Preemption and Local Regulation § 11-45-1.1. Subject matter of handguns reserved to State Legislature; (...)
- "The entire subject matter of handguns is reserved to the State Legislature."
§ 11-80-11. Regulation of gun shows, etc.; authority to bring or settle certain lawsuits reserved to Attorney General.
- Localities may regulate the discharge of firearms and levy taxes.
Registration § 13A-11-79. Dealers' licenses - Issuance; conditions; display; fees.
- "A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the Secretary of State and shall be personally signed by the purchaser and by the person effecting the sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, color and place of birth of purchaser and a statement signed by the purchaser that he has never been convicted in this state or elsewhere of a crime of violence."
§ 40-12-143. Pistols, revolvers, bowie and dirk knives, etc.
- "All persons dealing in pistols, revolvers and maxim silencers shall be required to keep a permanent record of the sale of every pistol, revolver or maxim silencer, showing the date of sale, serial number or other identification marks, manufacturer's name, caliber and type, and also the name and address of the purchaser, which record shall always be open for inspection by any peace officer of the State of Alabama or any municipality thereof."
Prohibited Firearms § 13A-11-54. Carrying rifle or shotgun walking cane.
- "Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two years."
Prohibited Places § 13A-11-59. Possession of firearms by persons participating in, attending, etc., demonstrations at public places.
- The possession of a firearm on one's person or in any vehicle while participating in or attending a demonstration being held at a public place; or within 1,000 feet of a demonstration at a public place after being instructed to leave by a law enforcement officer.
§ 13A-11-52. Carrying pistol on premises not his own; who may carry pistol.
- Carrying a pistol on or about one's person on premises not one's own or under their control, except licensed persons or those who hold certain positions. The effect of this law, in conjunction with 13A-11-73, is to prohibit the unlicensed carry of a handgun either concealed on one's person or in a vehicle.
§ 13A-11-72. Certain persons forbidden to possess pistol.
- "[N]o person shall knowingly with intent to do bodily harm carry or possess a [firearm] on the premises of a public school."
Forestry Commission - § 390‑X‑7‑.08 Prohibited Devices. - State Forest Visitor Regulations - Page 7
- Firearms are prohibited in state parks and forests owned by the Forestry Commission, except law enforcement officers.
Bear Creek Development Authority - § 160-X-8-.01(14) - Regulations at BCDA Recreation Areas - Page 2
- Firearms are prohibited at Bear Creek Development Authority recreation areas.
Department of Human Resources - § 660-1-1-.01(4)
- Firearms are prohibited in all county and state Human Resources offices.
Prosecution Services - § 745-x-1-.01 Emergency Procedures and Security.
- Firearms are banned from the premises of domestic violence shelters, except for law enforcement officers.
Department of Youth Services - § 950-1-13-.12(10) - Security and Control.
- Firearms are not permitted in youth detention facilities except in emergency situations.
Department of Conservation and Natural Resources - § 220-2-.01--220-2-.141.
- Firearms are not permitted in wildlife management areas, refuges, and sanctuaries.
Department of Human Resources § 660-5-27.04(2)(a)(9), 660-5-28-.03, 660-5-29-.01(3), 660-5-37-.05(9)(b), 660-5-42-.06
- Firearms are not permitted in "licensed family and group day care and nighttime homes, foster family homes, and residential child care facilities."
Prohibited Persons § 13A-11-72. Certain persons forbidden to possess pistol.
- Persons convicted of a crime of violence may not own or possess a pistol.
- Drug addicts or habitual drunkards may not own or possess a pistol.
Manufacturing Transfer, Purchase, Sale § 13A-11-78. Dealers' licenses - Required.
- Retail dealers must be licensed.
§ 13A-11-79. Dealers' licenses - Issuance; conditions; display; fees.
- Retail dealers must keep a register of handgun purchases, including the purchaser's name, signature, and particular information about the handgun sold.
§ 40-12-143. Pistols, revolvers, bowie and dirk knives, etc.
- Persons dealing in firearms are required to keep a permanent record of the sale of every pistol, revolver, and silencer; showing the date of sale, serial number, manufacturer, caliber, and type, as well as the name and address of the purchaser.
- The register shall always be open for inspection by law enforcement of Alabama or any municipality therein.
Transportation and Carry § 13A-11-75. License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation.
- "The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."
- Applicants must be residents of the county in which they apply. Non-residents are not issued licenses.
- § 13A-11-75 states that "The fee for issuing such license shall be one dollar ($1)" although Handgunlaw.us states that the license fees vary from $5 to $15 depending on the Sheriff.
§ 13A-11-73. License to carry pistol in vehicle or concealed on person - Required.
- "No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or fixed place of business, without a license therefor as hereinafter provided."
§ 13A-11-74. License to carry pistol in vehicle or concealed on person - Exceptions.
- The provisions of Section 13A-11-73 shall not apply to:
- Marshals, sheriffs, prison and jail wardens and their regularly employed deputies, policemen and other law enforcement officers of any state or political subdivision thereof.
- Members of the army, navy or marine corps of the United States or of the National Guard, or the members of the National Guard Organized Reserves or State Guard organizations when on duty or going to or from duty.
- The regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States of from Alabama; provided that such members are at or are going to or from their places of assembly or target practices
- Officers or employees of the United States duly authorized to carry a pistol.
- Any person engaged in the manufacturing, repairing or dealing in pistols, or their agent or representatives
- Any common carrier, except taxicabs
- Any person permitted by law to possess a pistol while carrying it unloaded in a secure wrapper from the place of purchase to his home or place of business, or to or from a place of repair or in moving from one place of abode or business to another.
§ 13A-11-52. Carrying pistol on premises not his own; who may carry pistol.
- No person shall carry a pistol about his person on premises not his own or under his control, except licensed persons, or law enforcement officers and those who hold other particular positions. The effect of this law, in conjunction with 13A-11-73, is to prohibit the unlicensed carry of a handgun either concealed on one's person or in a vehicle.
§ 13A-11-85. Reciprocity for licenses issued in other states.
- Alabama honors licenses issued by any state that also honors Alabama's licenses, provided that the license holder is not a resident of Alabama.
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No None No Firearm registration? No No None No "Assault weapon" law? No No None No Owner license required? No No None No Carry permits issued? No Yes AS 18.65.700 through 18.65.778 May carry concealed without permit, though permits can be issued for those who wish to have them. State Preemption of local restrictions? Yes Yes AS 29.35.145 Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, State law. NFA weapons restricted? No No None No Peaceable Journey laws? No No None Federal rules observed.
Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry"), in which no license is required to carry a handgun either openly or concealed. However, permits are still issued to residents for purposes such as reciprocity with other states and exemption from the Federal Gun Free School Zone Act. The term "Alaska Carry" has been used to describe laws which require no license to carry handguns openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.
Alaska restricts people from carrying guns in any place regulated by the liquor control board (bars and liquor stores, and restaurants that serve alcohol only with carry permit), schools, domestic violence shelters, courts, and correctional institutions. A person carrying a concealed gun in Alaska, when contacted by a police officer is required by law to inform the officer they are carrying and cooperate if the officer chooses to temporarily seize the gun for the length of the encounter. The possession of any firearm while intoxicated is illegal.
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No None No Firearm registration? Partial Partial ARS 13-3101 State law duplicates some of the registration requirements of the National Firearms Act. "Assault weapon" law? No No None No Owner license required? No No None No Carry permits issued? Yes * Yes* ARS 13-3112 Concealed carry over the age of 21 in most places no longer requires a permit as of July 29, 2010. Although not required, a concealed carry permit may still be obtained and has certain advantages. State Preemption of local restrictions? Partial Partial ARS 13-3108 Explained in main article NFA weapons restricted? Partial Partial ARS 13-3101 It is a violation of state law to possess some NFA weapons except as permitted by federal law. Peaceable Journey laws? No No None Federal rules observed.
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No None No Firearm registration? No No None No "Assault weapon" law? No No None No Owner license required? No No None No Carry permits issued? No Yes 5-73-301 - 5-73-320 Concealed carry requires a permit. Open carry is not permitted. State Preemption of local restrictions? Yes Yes 5-73-120 NFA weapons restricted? N/A N/A 5-73-120 Peaceable Journey laws? ? Yes 5-73-120 (c)(4) A person has a defense to the crime of carrying a weapon when they are on a journey, unless the journey is through a commercial airport at the security checkpoint or is in checked baggage and is not a lawfully declared weapon
In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.
Arkansas is a "shall issue" state for the concealed carry of firearms. Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.
Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local government units and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.
Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No §12070, §12071, §12082 All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency. Firearm registration? No Yes §12025 and §12031 All handgun serial numbers and sales are recorded by the state (registered) in the Department of Justice’s Automated Firearms System. Longarm serial numbers are not recorded, only the sale. While there is no requirement for California residents to register previously owned handguns or firearms with law enforcement, §12025 and §12031 enhance several misdomenor offenses to felonies if the handgun is not on file in the Department of Justice’s Automated Firearms System. California §12025 states that handguns must be transported unloaded and in a locked box other than the glove compartment or utility box in a motor vehicle. New residents must register handguns (purchased outside of California) with DOJ within 60 days. "Assault weapon" law? Yes Yes §12280 , §12285 Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders. Owner license required? No No None Carry permits issued? N/A Yes §12050 May issue, depending on jurisdiction. County sheriff's discretion, many counties are de facto "no-issue". Out-of-state permits not valid in California. State Preemption of local restrictions? Yes Yes §53701 GC Most but not all local restrictions preempted. NFA weapons restricted? Yes Yes §12220, §12020 Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns." Peaceable Journey laws? No No None
Many believe California's gun laws to be unconstitutional[who?]. California is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief in their place of residence. In practice, the attitudes of different sheriffs and police chiefs toward the issuance of permits vary widely and, consequentially, different jurisdictions in California can vary anywhere from de facto shall-issue to de facto no-issue. A permit may be issued, by a county Sheriff or city Chief or head of municipal police, in one of two formats:
- A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
- Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person.
California does not recognize any concealed carry permits issued by other states or their political subdivisions, and state law generally forbids nonresidents from obtaining a California CCW permit.
Open carry of loaded firearms in public is generally prohibited except in unincorporated areas where the county has not made open carry illegal or where the discharge of firearms is not prohibited. Carrying of an unloaded, unconcealed firearm in plain sight is not prohibited except in areas otherwise prohibiting the carry of firearms under state or federal law, such as school zones, post offices, government buildings, state and national parks, "sterile" areas controlled by security screenings, etc.
The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer sends the application to the California Department of Justice (DOJ), which performs a background check on the buyer. The approved application is valid for 30 days. There is a 10 day waiting period for the delivery of any firearm.
Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method. The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns. Federally defined curio or relic long guns over 50 years old may be sold without going through a licensed dealer.
Handgun purchases, except for private party transfers, are limited to one per 30 day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate. This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun. Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.
Dealers may not sell any handgun unless it is listed in the state Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.
It is illegal to sell a firearm that the state has defined as an "assault weapon", and which has been listed in the DOJ roster of prohibited firearms, which includes many military look-alike semi-automatic rifles and .50 caliber BMG rifles. DOJ rostered firearms may be legally possessed if already registered with the state prior to January 2005. Military look-alike firearms that are not listed on the DOJ roster of prohibited firearms, known as "off list lowers", are legal to own and possess, as long as state laws concerning configuration are followed. It is illegal to import, sell, give, trade, or lend a magazine that holds more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles and .22 caliber rifles; however, the possession of such magazines is legal. It is illegal to possess an automatic firearm or a short-barreled shotgun or rifle without permission from the Department of Justice; such permission is generally not granted.
On October 13, 2007, California enacted AB 1471. This controversial law requires that, effective January 1, 2010, semi-automatic handguns be equipped with microstamping technology and be listed in the roster of handguns certified for sale. When such a pistol is fired, the microstamping mechanism will imprint each cartridge case with a microscopic array of characters that will uniquely identify the gun that fired it. However, the text of this law has language which states that it will not be enforced if there is only one manufacturer which has the ability to equip this technology. As of this writing, only one such manufacturer exists, and there are no others on the horizon.
On October 11, 2009, California enacted AB 962, adding new requirements for the sale of common handgun ammunition. Effective February 2011, handgun ammunition sales must take place in person, and dealers must keep records of ammunition sales for at least five years. Buyers of ammunition must also provide a thumbprint and state identification. Note that by the text of the bill that holders of an FFL03 (C&R) firearms license and COE are exempt.
On August 19, 2010, the NRA-CRPA Foundation Legal Action Project filed a lawsuit challenging AB 962. The lead plaintiff in the lawsuit was Tehama County Sheriff Clay Parker. The lawsuit alleged that the mandates in AB 962 were incomprehensible, and that the definition of "handgun ammunition" was unconstitutionally vague. http://wiki.calgunsfoundation.org/index.php/Parker_v._California
On January 18, 2011, Fresno Superior Court Judge Jeffrey Hamilton ruled, in Parker v. California, that the definition of "handgun ammunition" was indeed unconstitutionally vague. The Court enjoined enforcement of the bill, allowing mail order ammunition sales to California to continue, and eliminating the requirement that vendors maintain records for every ammunition transfer. http://www.nraila.org/legislation/read.aspx?id=6128
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No None Firearm registration? No No None "Assault weapon" law? Varies Varies Denver has an "Assault Weapons" ban. See Section 38-130 of Denver’s Revised Municipal Code Owner license required? No No None Concealed Carry permits issued? Yes Yes CRS 18-12 Open carry without a permit? Yes* Yes* CRS 18-12 Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforcement. Concealed within a vehicle? Unloaded Only** Yes CRS 18-12, 33-6-125 **Loaded without a round chambered only (applies to rifles/shotguns, not pistols). State Preemption of local restrictions? Yes* Yes* CRS 18-12 *Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law NFA weapons restricted? No No None Peaceable Journey laws? Yes Yes CRS 18-12-105.6 Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754 Castle Doctrine? Yes Yes A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not. "Make My Day" Law? Yes Yes A person may defend himself or others with deadly force if necessary.
Subject/Law Long guns Handguns Relevant statutes Notes State Permit to Purchase? No Yes CGS 29-36(f),
Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of long guns, with exceptions for peace officers, Active-Duty military members, and holders of carry permits and hunting licenses. Firearm registration? No* No* CGS 53-202 Registration required for assault weapons purchased before October 1, 1993. There is a de facto registry of handguns maintained by the Department of Public Safety as any handgun transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DPS and a form containing personal and weapon identification (DPS-3-C) must be submitted to DPS and local police. This form is collected and maintained on all long guns purchased from FFL dealers as well, however is not required for the transfer of long guns between private parties. "Assault weapon" law? Yes Yes CGS 53-202 Partial ban (selective fire weapons, some .50 BMG variants, an enumerated list of specific restricted features and certain brands of semi-automatic assault weapons and weapon "types".)
No restrictions on magazine capacity.
Owner license required? No No Carry permits issued? No Yes CGS 29-28 May-Issue by statute, but Shall-Issue in practice. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members. Out of state permits not valid in Connecticut, but nonresidents may apply for a Connecticut Nonresident CCW permit through the mail. State Preemption of local restrictions? Yes Yes CGS 29-28 NFA weapons restricted? Partial Partial CGS 53-202(c) Selective fire assault weapons prohibited, unless purchased before October 1, 1993. Peaceable Journey laws? No No CGS 29-38 Federal rules observed.
Connecticut is a Shall Issue state both in practice and by its Constitution (“Every citizen has a right to bear arms in defense of himself and the state.” Article 1, Section 15), although state and local authorities have some of the broadest powers in the nation to deny, delay issuance of, or revoke a permit. However, because state statutes contain a "suitability clause" and a provision for applicants to "show good cause" for the issuance of CCW permits, Connecticut is by law a May-Issue state.
Connecticut has a two-tiered permitting system: a 60-day Temporary permit issued by the local police chief, and a Regular 5-year permit issued by the Department of Public Safety Special Firearms Licensing Unit (SFLU). The Temporary permit, issued by local authorities on a May-Issue basis, is a vestige of the pre-1965 CCW permitting system, when Connecticut CCW permits were issued entirely by local authorities on a May-Issue basis. The rewriting of the Connecticut State Constitution in 1965 intended to consolidate authority to issue CCW permits with the Connecticut Department of Public Safety and require permits to be issued on a Shall-Issue basis, but the transition to the uniform statewide permitting system was never fully completed, resulting in the two-tiered permitting system in Connecticut today.
Those desiring a CCW permit in Connecticut must first apply for a temporary permit (valid for 60 days from the date of issuance) from the local police department, or in some locations the town clerk's office, which conducts the background checks and fingerprinting. Temporary permits are issued on a May-Issue basis, and each town is different in its willingness to approve permits, and some towns create their own requirements that go well beyond the State requirements. Larger cities, such as Bridgeport, Hartford, and New Haven have established No-Issue policies for temporary CCW permits, except for individuals with celebrity status, political connections, or a high degree of wealth. Other towns towns will automatically issue a permit (as long as the individual does not meet any statutory criteria that would disqualify him or her from holding such a permit); one does not have to travel to remote portions of the state to find towns with permissive CCW policies. For example, the city of Shelton, located 12 miles from Bridgeport and 17 miles from New Haven is Shall-Issue in its temporary CCW issuing practice. The town has 8 weeks to approve the temporary permit. If the temporary permit is granted, the applicant must apply to the Department of Public Safety Special Licensing and Firearms Unit (SLFU) for a regular CCW permit (valid for 5 years), who will generally grant the permit unless there is a specific reason specified by law the individual should be denied. These include:
• Criminal possession of a narcotic substance;
• Criminally negligent homicide;
• Assault in the third degree;
• Reckless endangerment in the first degree;
• Unlawful restraint in the second degree;
• Riot in the first degree;
• Stalking in the second degree;
• Has not been convicted as a delinquent for the commission of a serious juvenile offense;
• Has not been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect;
• Is not subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person;
• Is not subject to a firearms seizure order issued for posing a risk of personal injury to self or others after a hearing; or
• Is not prohibited from possessing a firearm for having been adjudicated as a mentally incompetent under federal law.
However, an applicant who is denied a temporary CCW permit from local authorities may appeal the denial to the state Board of Firearms Permit Examiners (BFPE), which will generally issue a Regular 5-year CCW permit, provided the applicant does not meet the statutory criteria prohibiting him or her from holding such permit. Applicants may appeal an unfavorable ruling by the Board of firearms Permit Examiners through the state courts.
Connecticut Residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry. Although open carry is not restricted by state law, the Connecticut Board of Firearms Permit Examiners suggests that, “every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it.” Residents with permits who carry openly may be cited by police for breach of peace, although state prosecutors usually dismiss such charges after the defendant appears in court and pays applicable court fees.
Connecticut does not honor CCW permits from any other state, but residents of other states who hold a concealed weapons permit may apply for a non-resident Connecticut permit through the mail.
Connecticut has bans on defined 'assault weapons,' which includes selective-fire firearms (unless purchased before October 1, 1993), and a limited list of semiautomatic AR, AK, and SKS variants. However, it does not restrict magazine capacity.
Connecticut allows all NFA firearms except for selective fire machine guns. Selective fire machine guns existing in Connecticut before they were banned are grandfathered. Selective fire means that a machine gun can fire semi or fully automatic. A machine gun that can only fire fully automatic is legal in Connecticut.
Connecticut also has a provision in the statute that if a carry permit holder loses a firearm and does not report it, they may lose the permit.
Subject/Law Long guns Handguns Relevant statutes Notes State Permit to Purchase? No No Firearm registration? No No "Assault weapon" law? No Owner license required? No No Carry permits issued? No Yes 11 Del.C. § 1441(j) State Preemption of local restrictions? Yes* Yes* Complete Preemption except any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted NFA weapons restricted? Yes Yes Civilian ownership for research purposes only Peaceable Journey laws? No No Federal rules observed.
District of Columbia
The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. The Supreme Court ruled that the Second Amendment acknowledges and guarantees the right of the individual to possess and carry firearms, and therefore D.C.'s ban on handguns was unconstitutional.
A lawsuit was filed on August 6, 2009, to compel the district to issue permits to carry weapons.
Main Article : Gun Laws in Florida
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No None Firearm registration? No No None "Assault weapon" law? No No None Owner license required? No No None Carry permits issued? No Yes Chapter 790.06 Concealed carry only; open carry not generally allowed, even with permit State Preemption of local restrictions? Yes Yes Chapter 790.33 NFA weapons restricted? No No None Peaceable Journey laws? No No None Federal rules observed. Open Carry? No No Chapter 790.053 Open Carry is generally banned with exceptions for Hunting, Fishing, Camping, Target Shooting, and at your own home.
Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents.Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.
Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.
Open carry when on foot in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities. When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is also permitted.
State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)
Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas.
As of October 1, 2005, Florida became a "Stand-your-ground" state. The Florida law is a self-defense, self-protection law.
On July 1, 2008, A new statewide Florida law went into effect prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their vehicle in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, property where a nuclear-powered electricity generation facility is located, property upon which substantial activities involving national defense, aerospace, or homeland security are conducted, property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials, a motor vehicle owned/leased/rented by your employer, and any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida.
Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.
Currently, Florida's Concealed Weapon License is one of the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-five different states, while the non-resident Florida Concealed Weapon License is recognized in thirty-one states.
Subject/Law Long guns Handguns Relevant Statutes Notes State Permit to Purchase? No No None Firearm registration? No No None "Assault weapon" law? No No None Owner license required? No No None Carry permits issued? Yes Yes OCGA §16-11-129 Concealed or open carry allowed with permit. See also OCGA §43-38-10 which is a special permit for armed security guards. State Preemption of local restrictions? Yes Yes OCGA §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. Unlicensed open carry? Yes No OCGA 16-11-128 A Georgia Weapons License (GWL), or a recognized out-of-state permit, is required for open carry of any handgun outside of one's home, property, motor vehicle, or place of business.
NOTE: On June 8, 2010, Senate Bill 308 was signed by Governor Sonny Perdue reforming and clarifying many of Georgia's Gun Laws.
Georgia is a "shall issue" state, and issues firearms permits to residents through a county probate court. Georgia recognizes permits from any other state which recognizes Georgia's permit.
Any person who may legally own a firearm may carry a firearm in their home, place of business, and vehicle without a permit. Georgia does not differentiate between concealed and open carry except that long guns must be carried openly if they are loaded and you do not have a permit.
State preemption laws prohibit localities from regulating the ownership, transportation, and possession of firearms. Georgia also has a law preventing localities from enacting ordinances or lawsuits to classify gun ranges as nuisances.
Firearm regulations are uniform throughout the state, and a firearms permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:
- In a government building
- In a courthouse
- In a place of worship
- In a state mental health facility
- In a bar, unless the owner of the bar permits the carrying of weapons by license holders
- On the premises of a nuclear power facility
- Within 150 feet (46 m) of any polling place
- In any school building or on school grounds
As exceptions to the above list, a person may keep their firearm in a locked compartment of their vehicle at any of the above places except nuclear power facilities. Also, a person may approach security or management of any of the above places (except schools and nuclear power facilities) and ask them for directions on removing, securing, storing, or temporarily surrendering the weapon.
Georgia law allows private firearm sales between residents without requiring any processing through an FFL.
A Kennesaw, GA city ordinance requires that all homeowners own a firearm and ammunition (Sec 34-1a). No one has ever been charged with violating this ordinance. An amendment exempts those who conscientiously object to owning a firearm, convicted felons, those who cannot afford a firearm, and those with a mental or physical disability that would prevent them from owning a firearm.
Hawaii is a "may issue" state for concealed carry. "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," a license to carry a pistol or revolver may be granted or denied at the discretion of the county police chief. In practice however few if any concealed carry licenses are granted. Hawaii does not recognize concealed carry permits issued by other states.
Acquiring a firearm in Hawaii requires a permit to acquire, issued to qualified applicants by the county police chief. There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired, while a "long gun" permit can be used for any number of rifles or shotguns for a period of one year. In addition to passing a criminal background check, applicants must provide an affidavit of mental health, and agree to release their medical records. First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a handgun safety training course affidavit or hunter's education card is also required.
Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms brought in from out of state, including those owned prior to moving to Hawaii, must be registered within 3 days of arrival. Registration of firearms brought in from out of state does not involve a waiting period, however a FBI fingerprint and background check will be conducted. Registration is not required for black powder firearms or firearms manufactured before 1899.
Carrying a loaded firearm, concealed or not concealed, including in a vehicle, is a class A felony. Unloaded firearms that are secured in a gun case and are accompanied by a corresponding permit are allowed to be transported in a vehicle between the permitted owner's residence or business and: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station.
Automatic firearms, shotguns with barrels less than 18 inches long, and rifles with barrels less than 16 inches long are prohibited by state law. Also banned are handgun magazines that can hold more than 10 rounds of ammunition, and semi-automatic handguns with certain combinations of features that the state has defined as "assault pistols".
Subject/Law Long guns Handguns Relevant statutes Notes State Permit to Purchase? No No Firearm registration? No No "Assault weapon" law? No No Owner license required? No No Carry permits issued? No Yes Permit needed to carry concealed, may carry openly in a vehicle or on foot . State Preemption of local restrictions? Yes Yes NFA weapons restricted? No No Permitted as long such possession is in compliance with all federal regulations Peaceable Journey laws? No No Federal rules observed.
Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants may be required to demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.
Open carry is legal in Idaho. A concealed weapons permit is not required for open carry, nor for long guns (concealed or not). The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.
Idaho has state preemption of firearms laws, so local units of government cannot regulate the ownership, possession, or transportation of firearms. The state constitution states that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony."
Subject/Law Long Guns Handguns Relevant Statutes Notes State permit to purchase? Yes Yes 430 ILCS 65 FOID required. Firearm registration? No No "Assault weapon" law? No No Owner license required? Yes Yes 430 ILCS 65 FOID required. Carry permits issued? No No State preemption of local restrictions? No No NFA weapons restricted? Yes Yes 720 ILCS 5/24 Fully automatic firearms and short-barreled rifles and shotguns prohibited. AOW (Any Other Weapon) allowed with proper approval and tax stamp from BATF. Peaceable journey laws? No No
To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police. Generally a FOID card will be granted unless the applicant has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal alien. There are additional requirements for applicants under the age of 21.
There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department. Until June 2010 Chicago did not allow the registration of handguns, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982. (see below) The Chicago suburb of Oak Park had also banned handguns (see below) and the town of Highland Park bars handgun possession unless the resident has obtained a permit from the police. The status of these various handgun ordinances has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller. In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette, Morton Grove, Evanston, and Winnetka, but Chicago and Oak Park have fought in court to keep their current laws. On June 28, 2010 after reviewing Chicago's handgun ban in the case of McDonald v. Chicago, the Supreme Court has deemed that both the handgun bans of Chicago and Oak Park to be unconstitutional. On July 12, 2010 a new Chicago city ordinance took effect that allows limited handgun possession after obtaining a permit from the police and passing a firearms training course and requiring handgun registration. This new ordinance is currently being challenged in court On July 19, 2010 Oak Park amended its town ordinance to allow handgun possession in one's home and business therefore leaving no remaining town in Illinois to completely ban handguns .
Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition. Other municipalities have also enacted various firearm restrictions. Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.
Illinois is the only state that has no provision for the concealed carry of firearms by citizens. (In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.) Open carry is also illegal, except when in unincorporated areas where carrying is not prohibited by county law, a fixed place of business with owner's permission, or in one's abode. When a firearm is being transported, it must be unloaded and enclosed in a case. The Illinois laws regarding concealed carry are being challenged in federal court. The Second Amendment Foundation filed suit in federal court in Illinois on May 13, 2011, challenging the state's prohibition on the carrying of firearms in public.
In 2011 in the case of People v Holmes, the Illinois Supreme Court ruled that a valid Indiana handgun carry permit was a legal substitute for an Illinois FOID for an Indiana traveler transporting a handgun in Illinois.
Local laws regulating the possession and ownership of ammuntion, firearms and shooting accessories are prohibited per IC 35-47-11.1-2, subject to the exemptions listed in IC 35-47-11.1-4. (New provisions effective 2011 Jul 01.)
Governing units may restrict firearms possession on public property. -Edit to previous statement - I am away from home and can't substantiate this right now, but this provision has been overturned. Aside from normal state restrictions (such as schools, etc), local jurisdictions CANNOT contradict state law or further restrict where you can and cannot carry, such as public property (including parks). The only exception is the statehouse grounds in Indiannapolis. This was a recent decision, I believe July of 2011.
Additionally, private businesses may also restrict (or forbid) firearms on their properties. However, a 2010 law prohibits employers from discharging employees for in-vehicle firearms possession on business property.
Indiana is a "shall issue" state for the License To Carry a Handgun. The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW (which Indiana does not issue). A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements.
Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Documented substance abuse is a disqualifier, as is documented evidence of any given person's "propensity for violent or emotionally unstable conduct."
Indiana residents, or non-residents with a "regular place of business" in Indiana, must obtain an Indiana license. Application for a license must be made to the local police department, or absent that, to the county police department. Four-year and lifetime permits are issued for Indiana residents. Out-of-state residents may only be issued four-year permits.
Indiana honors handgun carry licenses issued by every state (only Illinois does not issue carry licenses), generally including non-resident licenses. However, reciprocity is always in flux. E.g., Indiana recognizes Ohio permits, but Ohio does not reciprocate.
It is illegal to carry a concealed weapon, even sporting arms, on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Lawful gun owners may have guns in their vehicles on school property provided the driver is only transporting someone to, or from, a school event.
Firearms dealers or private individuals may not sell any firearm to someone less than 18 years old, or less than 23 years old if the buyer was "adjudicated a delinquent child for an act that would be a felony if committed by an adult", or to a person who is mentally incompetent or is a drug or alcohol abuser.
Short barreled shotguns (barrels under 18", OAL less than 26" length), are prohibited to the general citizenry (some exceptions apply). Possession of automatic weapons by individuals or dealers who have obtained the appropriate federal license is permitted. It appears that all other NFA-regulated weapons and devices are legal in Indiana.
Cartridges that "can be fired in a handgun" that have "a projectile that has a metal core and an outer coating of plastic" are prohibited. "This section does not apply to nylon coated ammunition, plastic shot capsules, or ammunition designed to be used in rifles or shotguns."
Indiana law stands mute vis-à-vis long gun carry. There are some Department of Natural Resources rules, but these only apply on DNR properties or to hunters. Generally speaking, possession of long guns is legal whether the gun is either on one's person or in one's motor vehicle, loaded or not, concealed or not. There are additional rules regarding firearms possession on ATVs and snowmobiles.
Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty.
Indiana's law about self-defense (and the defense of others) can be found at Indiana Code, Title 35, Article 41, Chapter 3-2.
On January 1, 2011, Iowa became a "Shall issue" state for a permit to carry weapons. Applicants must successfully complete an approved training course.
Iowa will honor any valid permit issued by any other state. You do not have to be a resident of the state from which your permit was issued. However, an Iowa resident may carry only with an Iowa-issued permit. A training course is required.
A Permit to Acquire Pistols or Revolvers is required when purchasing a handgun from a dealer, and is obtained from the county sheriff. A Permit to Acquire shall be issued to qualified applicants aged 21 or older. It becomes valid three days after the date of application, and is valid for one year. A permit is not required when purchasing an antique handgun, which is defined as a matchlock, flintlock, or percussion cap pistol manufactured before 1898, or a replica of such a pistol.
If you have an Iowa permit to carry weapons, you do not need a permit to acquire Pistols when purchasing a handgun. The permit is valid for 5 years before it must be renewed.
Iowa has enacted state preemption of firearms laws, so local units of government may not restrict the ownership, possession, or transfer of firearms, or require their registration.
Subject/Law Long Guns Handguns Relevant Statutes Notes State permit to purchase? No No Firearm registration? No No "Assault weapon" law? No No Owner license required? No No Carry permits issued? No Yes  NFA weapons restricted? No No Peaceable journey laws? No No Federal rules observed.
Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "shall issue" policy. The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override a veto from Governor Kathleen Sebelius, who had previously vetoed several other attempts to legalize concealed carry. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.
Kentucky's concealed carry law, set forth in Kentucky Revised Statutes § 237.110, is "shall-issue". The law is written to allow the carry of concealed "deadly weapons", not just handguns, and the permit is called a Concealed Deadly Weapons License (CDWL). The definition of a "deadly weapon", found in KRS § 500.080, includes a wide array of weapons other than guns, including knives (ordinary pocket knives or hunting knives are specifically classified as not being "deadly weapons"), clubs, blackjacks, nunchaku, shuriken, and brass knuckles (including knuckles made from other hard materials). All CDWLs are issued for 5 years.
Subject/Law Long Guns Handguns Relevant Statutes Notes State permit to purchase? No No Firearm registration? No No "Assault weapon" law? No No Owner license required? No No Carry permits issued? No Yes KRS § 237.110 State preemption of local restrictions? Yes Yes KRS § 65.870 Exception: KRS § 237.115 allows the following entities to restrict concealed carry:
- Postsecondary educational institutions
- Any unit of government within the state in buildings that it owns, leases, or occupies — however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
NFA weapons restricted? No No Peaceable journey laws? No No Federal rules observed.
Kentucky's law in this area has a few distinctive features:
- An applicant must have been a resident of Kentucky for at least 6 months before filing his or her application. A member of the U.S. military who has been stationed in Kentucky for at least 6 months at the time of filing is also eligible, regardless of his or her domicile.
- Applicants cannot be in arrears on child support obligations in an amount that would equal or exceed that accumulated in one year of nonpayment.
- The required firearms safety course can be no longer than 8 hours, and also includes a mandatory marksmanship test, in which the applicant must hit a full-sized silhouette target from 7 yards with at least 11 out of 20 rounds fired. (The distance is not stated in the statute, but is set forth in the administrative regulations governing the course.)
Under KRS § 237.110 (20)(a), Kentucky recognizes all currently valid concealed carry permits issued by other U.S. jurisdictions.
Suppressors are legally transferable in Kentucky.
On March 16, 2011, a change to KRS § 527.020 was signed into law by Governor Steve Beshear allowing guns to be carried without a permit in any factory-installed compartment within the passenger area of a vehicle. Previously, such carry was only allowed in a glove compartment.
KRS § 237.104 prohibits the state from seizing firearms from private citizens in the event of a disaster or emergency.
KRS § 237.110, which governs the issue of permits, also lists places where concealed carry is prohibited. Per § 237.110 (16), concealed carry is prohibited in:
- (a) Any police station or sheriff's office;
- (b) Any detention facility, prison, or jail;
- (c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
- (d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he or she is a member;
- (e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
- (f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
- (g) An area of an airport to which access is controlled by the inspection of persons and property; or
- (h) Any place where the carrying of firearms is prohibited by federal law.
Note that the prohibition against carrying concealed in an establishment that serves alcohol only applies to the "portion of the establishment [is] primarily devoted to that purpose." This means that concealed carry is allowed in restaurants that serve alcohol, with only the bar section (if present) off-limits to permit holders. This assumes that the owner has not posted the establishment to prohibit carry.
With respect to the prohibition of weapons on school property, KRS § 527.070 (3)(a) states that adults may have weapons in their vehicles as long as they do not remove the weapons from the vehicle or brandish them while on school property. Note, however, that federal law does not recognize this exemption for individuals that do not hold Kentucky permits.
KRS § 237.110 (17) authorizes private businesses to prohibit concealed carry on their premises. Although, only once asked to leave the premises may the gun owner be duly cited for trespassing or disturbing the peace. However, "facilities renting or leasing housing" are specifically prohibited from restricting concealed carry. Private employers can prohibit their employees or permit holders from having weapons concealed in employer-owned vehicles, but cannot prohibit concealed weapons in individually owned vehicles. Public employers (i.e., state and local governments) can prohibit carry within their buildings, but cannot prohibit the carry of weapons by employees or permit holders in any vehicle, with the exception of the Justice and Public Safety Cabinet, which can prohibit employees from carrying any non-duty weapon in a vehicle while they are transporting persons under the employees' jurisdiction or supervision.
Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military. Concealed carry is not permitted in any portion of the permitted area of an establishment that has been granted a class A-General retail permit, to sell alcoholic beverages for consumption on the premises, or in any place of worship, government meeting place, courthouse, police station, polling place, parade, or in certain other locations.
Louisiana has state preemption of firearms laws, except for local laws passed before July 15, 1985. Government bodies other than the state may not sue firearms manufacturers, dealers, or trade associations for damages that are the result of lawful activities. Automatic firearms, short-barreled shotguns and rifles, and silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.
Maine is a "shall issue" state for concealed carry. The issuing authority is the local government or local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. A permit is not required for open carry.
Maine does not currently honor concealed carry permits from other states. In 2007, the state enacted L.D. 148, directing the Department of Public Safety and the Attorney General to review other states' concealed weapon reciprocity agreements and actively seek reciprocity where appropriate.
Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.
A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.
Employers in Maine may not prohibit its own employees from keeping a firearm in the employee's vehicle if the employee has a valid permit to carry the concealed firearm and the firearm is concealed in the employee's own locked vehicle. Employers may continue to prohibit firearms its premises other than in its parking lot under the conditions specified in the law.
Maryland Constitution Constitution of Maryland,
Declaration of Rights.
Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.
Preemption and Local Regulation Criminal Law - §4–209.
Public Safety - § 5-134.
See below for existing local regulations.
- Local governments are prohibited from regulating the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession and transportation of handguns, rifles, shotguns and ammunition, with some exceptions.
- Local governments are prohibited from regulating possession, sale, rental, or transfer of "regulated firearms."
- Regulated firearms are handguns and specific "assault weapons" and their copies.
- Localities may regulate the purchase, sale, transfer, ownership, possession and transportation of such firearms and ammunition with respect to minors; law enforcement officials of the local government; and activities in or within 100 yards of "a park, church, school, public building, and other place of public assembly."
- Localities may regulate the discharge of firearms, but not at "established ranges."
- Localities may regulate the sale of trigger locks with handguns.
- To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.
Registration Criminal Law - §4-401.
Criminal Law - § 4-303.
- Machine guns must be registered with the State yearly.
- "Assault pistols" are prohibited; except:
- Assault pistols lawfully possessed before June 1, 1994 and registered before August 1, 1994.
Public Safety - § 5-101.
Annapolis City - § 11.44.030
- "Regulated firearm" means:
- a handgun; or
- specific assault weapons or their copies
Lost/stolen registration unknown
- The Secretary [of the Maryland State Police] shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.
- Annapolis requires dealers to keep a register of persons purchasing ammunition and certain firearms, along with the make, model, caliber, and date.
Restricted or Prohibited Items Criminal Law - § 4-301.
Criminal Law - § 4-303.
Restricted ammunition unknown
- "Assault pistols" are prohibited; except:
- Assault pistols lawfully possessed before June 1, 1994 and registered before August 1, 1994.
Criminal Law - § 4-305.
- Detachable magazines with a capacity of more than 20 rounds of ammunition may not be made, sold, purchased, or transferred. Possession is not prohibited.
- This law does not apply to .22 caliber rifles with tubular magazines that have a capacity of more than 20 rounds of ammunition.
Restricted or Prohibited Places Criminal Law - § 4-102.
Montgomery County - § 57-11.
- Public school property, except certain persons.
- Demonstrations in a public place or in a vehicle within 1,000 feet of such demonstrations, except certain persons.
- Aircraft engaged in certificated air commerce services, except certain persons or in compliance with certain rules.
- Machine guns generally may not be possessed outside of one's permanent residence or business occupancy, except certain persons.
- Anne Arundel County: the property of another without signed, written permission of the owner, occupant, or lessee.
- Baltimore City: firearms with barrels over 14" in length on one's person or in a vehicle within the city, except certain persons, certain firearms, or in compliance with certain rules.
- City of Gaithersburg: pistols, revolvers, or other dangerous weapons on the streets of the city, except unloaded firearms used for hunting.
- Montgomery County: firearms on one's person or in a vehicle, except certain persons, or in certain circumstances, or in compliance with certain rules.
- Montgomery County: in or within 100 yards of a place of public assembly, except certain persons or in compliance with certain rules.
Restricted or Prohibited Persons Public Safety - § 5-101.
Public Safety - § 5-134.
Alien persons unknown
- Persons who are under 21 years of age, with some exceptions for hunting and target shooting.
Public Safety - § 5-101.
Public Safety - § 5-134.
- Fugitives from justice.
- Habitual drunkards.
- Addicts or habitual users of any controlled dangerous substance.
- Persons suffering from a mental disorder and have a history of violent behavior; unless he possesses a physician's certificate.
- Persons who have been confined for more than 30 consecutive days to a mental health facility; unless he possesses a physician's certificate.
- Persons who are visibly under the influence of alcohol or drugs may not purchase a firearm.
- Persons who have not completed a certified firearms safety training course may not purchase a "regulated firearm."
- Participants in a "straw purchase."
- Persons subject to a "non ex parte civil protective order."
Public Safety - § 5-101.
Public Safety - § 5-134.
- Persons who have been convicted of a crime of violence, any Maryland-classified felony, conspiracy to commit a felony, a common law crime for which the person received a term of imprisonment for more than two years, or any Maryland-classified misdemeanor that carries a statutory penalty of more than two years.
- Persons under 30 years of age who have been adjudicated delinquent by a juvenile court for an act that would be a disqualifying crime if committed by an adult.
Manufacturing Public Safety - § 5-402.
Criminal Law - § 4-305.
- A person generally may not manufacture for distribution or sale a handgun that is not included on the handgun roster in the State.
- Manufacturers must ship handguns with a shell casing of a projectile discharged from the handgun in a sealed container.
- A person many not manufacture a detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm.
- .22 caliber rifles with tubular magazines that have a capacity of more than 20 rounds of ammunition may be manufactured.
Sale, Purchase, and Transfer Public Safety - § 5-106.
Public Safety - § 5-204.
- A State license is required to engage in the business of selling, renting, or transferring regulated firearms.
- Purchasers must complete a certified firearms safety training course before purchasing a regulated firearm.
- An online program offered by the Maryland Police Training Commission can fill this requirement with the purchaser receiving the card at the end of the on-line lecture.
- No more than one "regulated firearm" may be purchased in a 30-day period, except in certain circumstances.
- Dealers must forward the manufacturer-included shell casing in its sealed container to the Department of State Police Crime Laboratory upon sale, rental, or transfer, for inclusion in their ballistics database, known as the Integrated Ballistics Identification System (IBIS).
- Handguns manufactured on or before December 31, 2002 must be sold or transferred with an external safety lock.
- Handguns manufactured after December 31, 2002 may only be sold or transferred if they have an internal mechanical safety device.
- Maryland residents may purchase a rifle or shotgun from a Federally licensed dealer in Delaware, Pennsylvania, Virginia, or West Virginia.
- Residents of Delaware, Pennsylvania, Virginia, or West Virginia may purchase a rifle or shotgun from a Federally licensed dealer in Maryland.
Public Safety - § 5-106.
- Private sales of long guns are legal and do not require a dealer's license.
- Private sales of "regulated firearms" are prohibited.
Public Safety - § 5-130.
- A temporary transfer permit is required to offer a "regulated firearm" for sale at a gun show.
Transportation and Carry Criminal Law - § 4-201.
Criminal Law - §4-405.
- For the purposes of "Criminal Law - Subtitle 2. Handguns", including "§ 4-203. wearing, carrying, or transporting handgun,"
- short-barreled rifles and short-barreled shotguns are "handguns."
- certain antique firearms, as defined in Criminal Law - § 4-201, are not "handguns."
- Machine guns generally may not be possessed outside of one's permanent residence or business occupancy.
Criminal Law - § 4-201.
Criminal Law - § 4-203.
- Carrying a handgun either openly or concealed is prohibited, except certain persons, or in certain circumstances.
- Exceptions include transportation of an unloaded and cased firearm, when traveling to or from:
- a place of purchase or repair;
- a residence and business;
- an organized military activity, formal or informal target practice, sport shooting event, or hunting.
- Exceptions include transportation of an unloaded and cased firearm, when traveling to or from:
- Generally, no permit is required to possess a rifle or shotgun within the State.
- The Secretary of State Police, at his discretion and based on an investigation, may issue a carry permit to a person seeking to wear, carry, or transport a handgun.