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 US 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. 44 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.[1][2] 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).[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.[5][6].
*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.
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
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
All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency.
All handgun serial numbers and sales are recorded by the state (registered) in the Department of Justice’s Automated Firearms System. Longarm serial numbers are not recorded, only the sale. While there is no requirement for California residents to register previously owned handguns or firearms with law enforcement, §12025 and §12031 enhance several misdomenor offenses to felonies if the handgun is not on file in the Department of Justice’s Automated Firearms System. California §12025 states that handguns must be transported unloaded and in a locked box other than the glove compartment or utility box in a motor vehicle. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders.
Owner license required?
No
No
None
Open-carry firearm
No
No
AB 144
AB144 went into effect on Jan. 1, 2012, making any open-carry of an handgun in a public place a misdemeanor with possible jail time or a $1,000 fine.
Carry permits issued?
N/A
Partial
§12050
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.
State Preemption of local restrictions?
Yes
Yes
§53701 GC
Most but not all local restrictions preempted.[7][8]
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."
Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforcement.
Concealed within a vehicle?
Unloaded Only**
Yes
CRS 18-12, 33-6-125
**Loaded without a round chambered only (applies to rifles/shotguns, not pistols).
State Preemption of local restrictions?
Yes*
Yes*
CRS 18-12
*Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law
Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
Castle Doctrine?
Yes
Yes
A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not.
"Make My Day" Law?
Yes
Yes
A person may defend himself or others with deadly force if necessary.
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.[9][10]
Firearm registration?
No*
No*
CGS 53–202
Registration required for assault weapons purchased before October 1, 1993. There is a de facto registry of handguns maintained by the Department of Public Safety as any handgun transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DPS and a form containing personal and weapon identification (DPS-3-C) must be submitted to DPS and local police. This form is collected and maintained on all long guns purchased from FFL dealers as well, however is not required for the transfer of long guns between private parties.
"Assault weapon" law?
Yes
Yes
CGS 53–202
Partial ban (selective fire weapons, some .50 BMG variants, an enumerated list of specific restricted features and certain brands of semi-automatic assault weapons and weapon "types".)
May-Issue by statute, but Shall-Issue in practice. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members.[12] 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.
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
Concealed carry only; no open carry allowed, even with permit, except where cited by state law. Example, while hunting, fishing or camping, at an approved gun range etc. Consult Florida Law for more information.
Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
A Georgia Weapons License (GWL), or a recognized out-of-state permit, is required for open carry of any handgun outside of one's home, property, motor vehicle, or place of business.
The city of Chicago requires residents to complete a firearm safety course, receive a background check including fingerprinting, and then pay a $100 permit fee which is renewed every three years. Registration of any handgun will assume an additional one time fee of $15.00
Fully automatic firearms and short-barreled rifles and shotguns prohibited. AOW (Any Other Weapon) allowed with proper approval and tax stamp from BATF.
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
Permit to purchase required to transfer/purchase "military-style assault weapons" through FFL dealers. No permit required for private transfers between individuals.
Firearm registration?
No
No
None
No
Private sales regulated?
Yes
Yes
§624.713
One must be 18 or older to purchase a rifle, shotgun, or handgun from a private seller. The buyer must present a transferee permit and a drivers license to the seller. You can obtain a transferee permit from your local police station free of charge.
"Assault weapon" law?
Partial*
Partial*
§624.7131
Persons age 18 and older may acquire an assault weapon with a transferee permit that can be obtained at a police station for free.
Shall Issue. 'Minnesota Permit to Carry a Pistol' required to carry handguns. Concealment is permitted but not required. A carry permit also allows for the carry of long guns ( §624.7181[17])
Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Sound suppressors and some destructive devices are prohibited in most cases.
Permits not required in many locations (see below )
State Preemption of local restrictions?
Yes
Yes
M.C.A 45-8-351
Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to a public assembly, a publicly owned building, a park under its jurisdiction
or a school. localities may also regulate the possession of firearms by felons, minors, illegal aliens or the mentally .
NFA weapons restricted?
No
No
Permitted as long such possession is in compliance with all federal regulations
Shall-issue, with completion of 15-hour handgun safety course that includes live-fire instruction. Permit required to carry concealed loaded firearm. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle.
No statutory protection from lawsuits arising from the use of lethal force in self-defense [citation needed]
"Opt-Out" statute?
Yes
Yes
NMSA 29–19–12; NMSA 30–14–6
Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property.
Any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambered in .22 caliber short, long, or long-rifle cartridges, is classified as an automatic weapon. Thus the use of a magazine over 30 rounds is prohibited unless the gun is registered as an automatic weapon under Ohio State Law.
Owner license required?
No
No
None
No
Carry permits issued?
No
Yes
O.R.C. 2923.16
Shall Issue – 12 hour training required
State Preemption of local restrictions?
Yes
Yes
O.R.C. 9.68
Full Preemption – Affirmed by City of Cleveland vs. State of Ohio
NFA weapons restricted?
Partial
Partial
O.R.C. 2923
It is a violation of state law to possess NFA weapons except as permitted by federal law.
Concealed carry of loaded handguns only; no open carry allowed, even with permit. Unlicensed public carry of unloaded handguns and long arms by persons eligible to possess firearms is allowed under some circumstances.
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.
All purchasers of firearms must complete and pass a safety exam managed by the RI Department of Environmental Management, at which time they will receive a DEM issued "blue card" allowing purchase.
State law mirrors Federal law to a limited degree but does not make any provision for transport of rifles and explicitly states that an individual transporting a weapon must have a valid permit in another state. The State may also adhere to federal law but this is unclear and there does not appear to be any statewide policy.
Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry is generally illegal. Those with a Handgun Carry Permit(HCP) holders may have loaded longs in a private vehicle so long as there is not a round in the chamber 39-17-1307(e) There are also other exceptions (like for hunting) listed in 39-17-1307
Tennessee is an anomalous State. The Legislature made a loop hole for cities and municipalities with laws in effect prior to April 8, 1986. The local ordinances in effect before April 8, 1986 pre-empt State law see TCA 39-17-1314(a). Local governments may post signs per 39-17-1359 to prohibit carry on government property, just like private property owners.
NFA weapons restricted?
No
No
None
On July 1, 2003 public chapter 275 is in effect. It requires the CLEO, chief law enforcement officer, to sign NFA paperwork in 15 days if the applicant is not prohibited from possessing firearms. see TCA 39-17-1361 .
There is 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.
Must be 18+ to purchase a long gun from a dealer or private seller, 21+ to purchase a handgun from a dealer , 18 to own a handgun .
Firearm registration?
No
No
None
"Assault weapon" law?
No
No
None
Owner license required?
No
No
None
Carry permits issued?
No
Yes
GC Ch. 411 Subch H, PC 46.15
Concealed carry of a handgun requires a "shall-issue" permit, and is subject to specific laws governing trespass while armed. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is not specifically prohibited as PC 46.02 (unlawful carry of weapons) only mentions handguns, however it may be construed as "Disorderly Conduct".
State Preemption of local restrictions?
Yes
Yes
LGC §229.001.
FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
Municipal governments can enact regulations on the discharge of firearms (such as noise, nuisance or public safety ordinances); however, those laws are subject to and cannot preempt State law concerning justified use of a firearm.
NFA weapons restricted?
No
No
PC 46.01(9), PC 46.05
State law prohibits ownership outside of NFA compliance, calling possession while in compliance "a defense to prosecution."
Peaceable Journey laws?
Yes
Yes
PC 46.02, PC 46.15
A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control, Although the police continue to arrest citizens for doing exactly this.
Castle Doctrine?
Yes
Yes
PC 9.32
A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling, 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.
Open carry allowed without permit and concealed carry allowed with permit.
State Preemption of local restrictions?
Yes
Yes
-
None
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.
(g) a nonresident traveling in or through the state, provided that any firearm is: unloaded; and securely encased as defined in Section 76-10-501. Handguns may be loaded in any vehicle under the person's control.
Force in defense of person—Forcible felony defined.
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
May carry open without permit, some local law enforcement have attempted to treat open carry as disorderly conduct. However, after two high profile lawsuits in which municipalities have paid settlements to open carriers who had been arrested, this practice has abated.
^Monday, June 28, 2010 09:09 (June 28, 2010). "Victory for the Second Amendment". Gunowners.org. Retrieved November 23, 2011.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
^"Printz v. United States". stephenhalbrook.com. Retrieved March 28, 2010. Congress may not require the States to administer a federal regulatory program
