In Puerto Rico, the law regulates the sale, possession, and use of firearms and ammunition. As an unincorporated territory of the United States, Puerto Rico is an "appurtenant jurisdiction" to which the Insular cases apply. Except for provisions of the U.S. Constitution that apply by their own force, only those constitutional provisions extended by Congress apply to any of the appurtenant jurisdictions.
Firearm licenses and firearm-related crimes are defined in Act 404 of 2000. [1] [2]
On December 11, 2019, Governor Wanda Vázquez Garced signed the Puerto Rico Weapons Act of 2020, which went into effect on January 1, 2020. The law lowered fees, implemented a shall issue regimen, combined the possession license and carry license into a single license, instituted carry reciprocity and stand your ground. [3] [4]
Subject/law | Long guns | Handguns | Relevant statutes | Notes |
---|---|---|---|---|
Permit required to purchase? | No | No | Permit is required to take possession of, but not purchase, a firearm in Puerto Rico. | |
Firearm registration? | Yes | Yes | ||
Assault weapon law? | No | No | ||
Magazine capacity restriction? | No | No | ||
Owner license required? | Yes | Yes | As of January 1, 2020, the owner license and carry license are the same. [5] [ better source needed ] | |
Permit required for concealed carry? | Yes | Yes | As of January 1, 2020, shall-issue. [5] [ better source needed ] Previously may-Issue according to law, but permits were rarely granted to ordinary citizens. Unrestricted concealed carry was technically allowed from June 20, 2015 to October 31, 2016 following a lawsuit challenging Puerto Rico's restrictive gun laws. The lower court ruling striking down many of the territory's laws was appealed by the government to the appeals court, which reversed the lower court's decision. The Puerto Rico Supreme Court declined to hear the appeal of the appeals court ruling from the plaintiffs in the case, effectively restoring Puerto Rico's restrictive permitting policy for concealed carry. [6] | |
Open carry allowed? | No | No | Permitless open carry was technically allowed from June 20, 2015, to November 16, 2016, following a lawsuit challenging Puerto Rico's restrictive gun laws. The lower court ruling striking down many of the territory's laws was appealed by the territorial government to the appeals court, which reversed the lower court's decision on November 16, 2016. The Puerto Rico Supreme Court has declined to hear the appeal of the appeals court ruling from the plaintiffs in the case, effectively restoring Puerto Rico's ban on open carry. | |
NFA weapons restricted? | Yes | Yes | ||
Peaceable journey laws? | Yes | No | Federal law (FOPA) applies. | |
Background checks required for private sales? | Yes | Yes |
Individuals seeking to obtain a firearms license in Puerto Rico must complete a notarized license application using form PR-329, Application for Weapons License. With the completed form, individuals must also provide proof of their social security number, proof of date of birth and legal presence in the territory, a copy of their drivers license or other form of non-passport identification, a recent headshot photo, certificate of negative criminal record no more than 30 days old, a $200 check, and must be fingerprinted by the Police Bureau. [7] Additionally, the applicant must be at least 21 years of age and must not meet the definition of a prohibited person under Section 922(g) of the Gun Control Act of 1968. Given that the applicant meets these requirements, the law requires the Police Bureau to approve the application within 30 days of submission as of 2021. The license holder may only purchase ammunition of the firearms' caliber. After the license is granted, the police are authorized to "passively, without disturbing the peace and tranquility of the individual under investigation or violating the privacy of the home" [8] continue investigating the license holder to ensure that no false information was provided by the applicant during the application process. The license must be renewed every five years by submitting a sworn statement and paying a $100 fee.
Applications for gun licenses rose by 70% after Hurricane Maria in 2017 due to concerns over the widespread electrical outage and police absenteeism. [9]
In 2015, as a result of a class-action lawsuit with over 800 plaintiffs, a lower court ruled that several provisions of the existing law were unconstitutional. The ruling was overturned after the state government appealed. The Puerto Rico Supreme Court declined to hear the case, leaving the appellate court's ruling in place. [6]
In September 2016, a firearms instruction company sued the state government in federal court, arguing the unconstitutionality of several provisions of the law. There has been no ruling as of September 2020. [10] [11] [12]
Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Gun control typically restricts access to certain categories of firearms and limits the categories of persons who may be granted permission to access firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, each with different sets of requirements, privileges, and responsibilities.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
In the U.S. state of Illinois, residents must possess a FOID card, or Firearm Owners Identification card, in order to legally possess or purchase firearms or ammunition. The applicable law has been in effect since 1968, but has been subject to several subsequent amendments.
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.
Gun laws in Norway incorporates the political and regulatory aspects of firearms usage in the country. Citizens are allowed to keep firearms. The acquisition and storage of guns is regulated by the state.
In Germany, access to guns is controlled by the German Weapons Act, which adheres to the European Firearms Directive and was first enacted in 1972, and superseded by the law of 2003. This federal statute regulates the handling of firearms and ammunition as well as acquisition, storage, commerce and maintenance of firearms.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
This is a list of laws concerning air guns by country.
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. New York's gun laws are among the most restrictive in the United States.
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.
Gun laws in Connecticut regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Connecticut. Gun laws in Connecticut are amongst the most restrictive in the country. Connecticut requires training, background check and permitting requirements for the purchase of firearms and ammunition; and a ban on certain semi-automatic firearms defined as "assault weapons" and magazines that can hold more than 10 rounds. Connecticut's licensing system for concealed carry is relatively permissive.
Gun laws in the District of Columbia regulate the sale, possession, and use of firearms and ammunition in Washington, D.C.
Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.
Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan.
Gun laws in New Jersey regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New Jersey. New Jersey's firearms laws are among the most restrictive in the country.
Gun laws in New Mexico regulate the sale, possession, and use of firearms and ammunition in the state of New Mexico in the United States.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Irish law allows firearm possession on may-issue basis and the general public's access to firearms in the Republic of Ireland is subject to strict control measures that rank among the strictest globally. With approximately seven civilian firearms per 100 people, Ireland is the 107th most armed country in the world.
Gun laws in the Northern Mariana Islands regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of the Northern Mariana Islands. As the Northern Mariana Islands is a commonwealth of the United States, many federal laws apply, as well as Constitutional rulings and protections.
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), abbreviated NYSRPA v. Bruen and also known as NYSRPA II or Bruen to distinguish it from the 2020 case, is a landmark decision of the United States Supreme Court related to the Second Amendment to the United States Constitution. The case concerned the constitutionality of the 1911 Sullivan Act, a New York State law requiring applicants for a pistol concealed carry license to show "proper cause", or a special need distinguishable from that of the general public, in their application.