Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of the District of Columbia and of the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[1][2] Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.[3]
Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.[4]
In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law as per the U.S. Supreme Court's ruling in Printz v. United States.[5][6]
Common subjects of state laws
Firearm related matters that are often regulated by state or local laws include the following:
Some states and localities require that a person obtain a license or permit in order to purchase or possess firearms.
Some states and localities require that individual firearms be registered with the police or with another law enforcement agency.
All states allow some form of concealed carry, the carrying of a concealed firearm in public.
Many states allow some form of open carry, the carrying of an unconcealed firearm in public on one's person or in a vehicle.
Some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws more restrictive than those of the state.
Some states and localities place additional restrictions on certain semi-automatic firearms that they have defined as assault weapons, or on magazines that can hold more than a certain number of rounds of ammunition.
Some states have enacted castle doctrine or stand-your-ground laws, which provide a legal basis for individuals to use deadly force in self-defense in certain situations, without a duty to flee or retreat if possible.
In some states, peaceable journey laws give additional leeway for the possession of firearms by travelers who are passing through to another destination.
Some states require a background check of the buyer when a firearm is sold by a private party. (Federal law requires background checks for sales by licensed gun dealers, and for any interstate sales.)
Some states have enacted red flag laws that enable a judge to issue an order to temporarily confiscate the firearms of a person who presents an imminent threat to others or to themselves.
Overview
Recent history of state concealed carry laws
Unrestricted
Shall issue generally meaning obtaining a permit is straightforward
May issue meaning permits are at the discretion of the state
Banned
Minimum age to purchase long guns
21
21, 18 with parental consent
18
18
18, 16 to transfer
No minimum age
No information available
Note that federal law sets a minimum age of 18.
Minimum age to purchase handguns
21
21 for purchases from dealers, 18 for private sales
Alabama is a "shall issue" state for citizens and lawful permanent residents who are 19 years or older. Permitless concealed carry took effect on January 1, 2023.
"...the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition, and firearm accessories..."
Alaska is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permitless carry took effect on September 9, 2003.
"A person who is justified in using nondeadly force in self-defense may use deadly force in self-defense upon another person when and to the extent, the person reasonably believes the use of deadly force is necessary for self-defense against death; serious physical injury; kidnapping except for what is described as custodial interference in the first degree in AS 11.41.320; sexual assault in the first degree; sexual assault in the second degree; sexual abuse of a minor in the first degree; or robbery in any degree."
AR Code § 5-73-120 AR Code §§ 5-73-301 to 5-73-320
Arkansas is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Regular and Enhanced permits are issued. Enhanced permits are issued to those who complete a training course. Permitless carry took effect on August 16, 2013. Enhanced concealed carry permits allow for carrying in some areas such as carrying at public colleges, most public buildings, non-secure locations in airports, churches, and more.[7][8][9]
All firearm sales must be completed through a dealer. Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military, honorably retired military, or a peace officer under Penal Code Section 830. Military reservists must provide proof of residency in order to purchase a firearm. The Firearms Safety Certificate can be purchased and completed at firearms dealers with DOJ instructors on the same day, differentiating it from a FOID or FID card system where one has to apply with the local police and await approval. Must be 21 to purchase any firearm.[10]
The California Department of Justice ("DOJ") retains information about the purchaser and seller of all in-state firearm sales and transfers, and requires that any firearms imported into the state be reported to the DOJ.[11] Furthermore, the Attorney General is required by law to maintain a registry containing the fingerprints and identifying information of the transferee, and the unique identifying information of every firearm transferred in the state, pursuant to §11106.[12] All handgun serial numbers and sales are recorded by the state in the Department of Justice's Automated Firearms System, along with those of many long guns. While there is no requirement for California residents to register handguns owned prior to 1991 with law enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice's Automated Firearms System. New residents must register handguns (purchased outside of California) with DOJ within 60 days. As of January1,2014[update], long gun serial numbers are also recorded, whereas previously only the sale was recorded. However, it is not required that owners of long guns purchased prior to 2014 register their firearms and it is not a crime to be in possession of an unregistered firearm.
Owner license required?
No
No
None
While the Firearm Safety Certificate (FSC) is required for new purchases of firearms, ongoing possession of a firearm does not require a license or permit.[13] People moving into California are required, within 60 days, to file a New Resident Report of Firearm Ownership.[14][15] New residents are prohibited from importing assault weapons or any other weapons prohibited by California law regardless of whether they were lawfully acquired and possessed in the residents' prior state of residence.[16] The ban on importing large-capacity magazines was ruled unconstitutional[17] but the ruling is on hold while the case is under appeal.[18]
Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. While California's Assault Weapons Law does allow individuals who hold a Dangerous Weapons Permit to obtain, transport or possess defined assault weapons, the DOJ generally does not issue Dangerous Weapons Permits to ordinary citizens. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration – known as "banned features". Any active duty military personnel may apply for a Department of Justice (DOJ) Assault Weapon Permit to use personal assault weapons in military sanctioned activities during the course of permanent stationing in the State of California while on active military duty.[19] The firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders and an authorization letter from the installation commander.
With the passage of Senate Bill 880 and Assembly Bill 1135 in June 2016, the state's assault weapon ban has been expanded to include all semi-automatic center-fire rifles and shotguns that have a "bullet button" detachable magazine; effectively repealing a prior law that made "bullet button" magazines required on all newly manufactured weapons with detachable magazines. The sale or transfer of such weapons will be prohibited, effective January 1, 2017. Those purchased prior to January 1, 2017 must be registered with the DOJ by the start of 2018. The definition of types of weapons that are banned has been expanded, the exact definitions should be reviewed at the California DOJ website.[20]
Section 32310 of the Penal Code states that any person who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, receives, or assembles any large-capacity magazine from a parts kit is punishable by imprisonment in a county jail not exceeding one year or imprisonment. Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[21] Large-capacity is defined as being able to hold more than 10 rounds. In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of such magazines, requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.[22] Under Proposition 63, any person who possesses a large-capacity magazine is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.This prohibition applies to magazines acquired prior to January 1, 2000 that were previously considered "grandfathered."[23] Importation, manufacture, lending, assembling a large-capacity magazine from a parts kit, or buying a large-capacity magazine remains chargeable as a felony or a misdemeanor.[24]
On June 29, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of large-capacity magazines, pending the outcome of litigation concerning the ban. Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and/or the ban is upheld by the courts.[25][26] On March 29, 2019, the entire large-capacity magazine law was blocked permanently by the district court; this includes the ban on possession, in addition to the ban on manufacturing, importing, selling, etc.[17][27] Following a stay request from Attorney General, Judge Benitez allowed the ban on manufacture, import, and sale of large-capacity magazines to be enforced while keeping in place the injunction against the enforcement of the ban on possession of previously legal large-capacity magazines, including all purchases made between the entry of the Court’s injunction on March 29, 2019 and April 5, 2019, 5:00 p.m.[28]
On August 14, 2020, a 9th circuit court ruled the ban on high capacity magazines unconstitutional. "Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place," according to the Associated Press.[29] However, this decision was vacated by the Circuit Court on February 25, 2021 until the case can be reheard.[30] Duncan v. Bonta was heard en banc by the Ninth Circuit Court on June 22, 2021.[31] The en banc Court overturned the lower appellate panel in its ruling, holding that California's regulation of firearms did not violate the 2nd Amendment.[32]
On December 4, 2023, a lawsuit challenging California's laws forbidding nonresidents' concealed carry permits and nonresidents from obtaining California's CCW permit got filed.[33]
Open carry allowed?
Partial
Partial
§26350
Long guns and handguns may be openly carried in unincorporated rural areas where firearm discharge is not prohibited by local ordinance. In a county with a population of less than 200,000 residents, a permit to carry a handgun "loaded and exposed" may be issued by the county sheriff, valid only in the issuing county. A person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property."[34]
Vehicle carry?
No
Yes
§25610
A valid California Concealed Weapons License is required to carry a concealed handgun in a motor vehicle. Otherwise, handguns and assault weapons must be unloaded and locked in a case during transport. Long guns not classified as assault weapons may be transported in a vehicle without being locked in a case, but must be unloaded.
California never requires a duty to retreat whether in one's own home or not. The state acknowledges a legal presumption that an intruder poses a deadly threat if in one's own home or property that is owned and controlled by oneself.
Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. Destructive devices are prohibited unless are designated as curios & relics, in which case a collectors permit can be obtained. The only AOWs that are permitted are smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel. C&R short-barreled rifles and C&R short-barrled shotguns permitted.
Peaceable journey laws?
No
No
California courts have ruled that large-capacity magazines (LCM) that are disassembled or LCM parts are legal to possess. Otherwise federal rules are observed.
Waiting period?
Yes
Yes
§26815(a), §26950-27140 , §27540(a) ,
§27600-27750
California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder. That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner.
On August 25, 2014, the California's 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" as applied to members of certain classifications (notably holders of concealed carry permits) and "burdens the Second Amendment rights of the Plaintiffs".[35] On December 14, 2016 this ruling was overturned by a three-judge panel of the 9th U.S. Circuit Court of Appeals.[36] The plaintiffs' petition for an en banc rehearing was denied April 4, 2017; on February 20, 2018 the Supreme Court certiorari petition was denied, meaning that the waiting period remains in effect.[37]
On May 1, 2023, a new lawsuit challenging the ten-day waiting period was filed.[38]
Private party transfers of firearms must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale.
The police or a person's family member can ask a judge to confiscate the firearms of a person who appears to pose a threat to themselves or others for up to one year.[39] Such orders from out-of-state are also recognized. As of September 1, 2020, eligible petitioners will be expanded to include an employer, coworker, and school teacher or employee, and the maximum allowable duration will be extended to 5 years.[40]
Background check required for ammunition purchase?
Yes
Yes
PC 30312, 30314, 30342, 30370
After January 1, 2018 all ammunition purchases must be made through a licensed ammunition dealer and no person may import ammunition from out-of-state unless they meet the requirements for exemption under PC 30314(b). This section effectively banned online and mail order sales of ammunition by requiring all transactions go through a storefront physically located inside California. Importing ammunition in violation of this section is an infraction for the first offense and a misdemeanor or infraction for any subsequent offenses.[41] After July 1, 2019, all purchases of ammunition are required to have an "ammunition purchase authorization" from the California DOJ. This section requires the ammunition purchaser to submit to a background check and to have an entry in the California DOJ Automated Firearms System that matches the information presented at the time of purchase.[42] Selling or delivering ammunition to a person without first receiving the "ammunition purchase authorization" is a misdemeanor.[43] Background check was struck down by judge in Jan 2024.[44] However, the 9th Circuit granted a stay to his injunction.[45]
After July 1, 2018, any person who wishes to manufacture a firearm must first apply to the California DOJ for a serial number and apply that serial number, once issued, to the firearm within 10 days. There are specific requirements laid out for how to inscribe or engrave the serial number given the material the firearm is made out of. Violation of this provision is a misdemeanor punishable by up to 1 year in the county jail for home-built handguns and 6 months in the county jail for any other home-built firearm.[46] In June 2022, California passed AB 1621, which bans the use of CNC milling machines for self-manufacturing firearms. On September 26, 2023, the restrictions were expanded to forbid people without a license to have 3-D printers "that has the sole or primary function of manufacturing firearms", and to allow civil actions against people who distribute "any code or digital instructions to a specified person for the manufacture of a firearm using a three-dimensional printer or CNC milling machine."[47]
Starting January 1, 2024, a person cannot manufacture more than 3 firearms within the state in a calendar year without a license.
As of January 1, 2024, no person is allowed to purchase more than one firearm, which includes completed frames and receivers and firearm precursor parts, within any 30-day period. Starting January 1, 2025, all private party transactions except with some exemptions will be subject to the 1-in-30 restriction.[48]
On March 11, 2024, Judge William Q. Hayes declared that the 1-in-30 law as applied to handguns and semi-automatic centerfire rifles violates the Second Amendment.[49]
As of January 1, 2020, no person without a license is allowed to make 6 or more firearm transactions (sale, lease, or transfer) per calendar year, regardless of the type of firearm, and no person is allowed to sell, lease, or transfer more than 50 total firearms per calendar year within those transactions.[50]
No state law prohibiting sale or possession of assault weapons, but with the repeal of Colorado's statewide firearm preemption law in 2021, local restrictions or prohibitions on assault weapons may exist. Denver ordinance bans assault weapons (Most semi-auto rifles with more than 21 round magazines). Vail banned assault weapons in 1994.[51] Boulder city passed such an ordinance in May 2018.[52][failed verification]
After July 1, 2013, magazines holding more than 15 rounds may not be sold, transferred, or possessed unless they were lawfully owned prior to July 1, 2013. Firearms with a tubular magazine which are either chambered in .22 rimfire or operated by lever action are exempt from this regulation, as are magazines "permanently altered" to limit the capacity to 15 or fewer. Boulder city passed an ordinance in May 2018 banning magazines holding more than 10 rounds (15 for handguns).[52][53] The town of Vail banned magazines holding 21 or more rounds in 1994.[54]
On June 29, 2020, the Colorado Supreme Court upheld the constitutionality of the magazine restrictions.[55]
Owner license required?
No
No
Permit required for concealed carry?
N/A
Yes
Colo. Rev. Stat. § 18-12-203
Colorado is a shall issue state for concealed carry. Permits are issued by local sheriff offices to county residents.
No permit is required. Pistols may be carried with chamber and magazine loaded. Rifles and shotguns must be carried with an empty chamber if the owner is in possession of a valid hunting license and that hunting season is in progress. Rounds in the magazine are permitted during that hunting season. A loaded weapon in a vehicle and a spotlight is prima facie evidence that one was attempting to illegally take game. Wildlife officers have full law enforcement powers.
State preemption of local restrictions?
partial
partial
Colo. Rev. Stat. § 29-11.7-103
Local ordinances are not preempted by state law, and Denver bans assault weapons and open carry. However, holders of concealed carry permits are exempt from most, but not all, local restrictions.
NFA items are defined as a "dangerous weapon". Subsection 5: "It shall be an affirmative defense to the charge of possessing a dangerous weapon...that said person has a valid permit and license for possession of such weapon."
Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons traveling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
A legal resident of a property has the right to use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders.
Stand Your Ground Law?
Yes
Yes
Common Law Doctrine
“The common-law doctrine of retreat to the wall . . . is applicable in this jurisdiction only to such cases as where the defendant voluntarily enters into a fight or where the parties engage in mutual combat, or where the defendant, being the assailant, does not endeavor in good faith to decline any further struggle before firing the fatal shot, and possibly to other similar cases.” [56]
The police may temporarily confiscate firearms from people who are threatening to harm themselves or others or have been accused of the same by someone who resides at the same address of the subject, and then get a court order afterwards.
Effective October 1, 2023, there is a mandatory three day waiting period between initiation of a background check and taking possession on most firearms transfers. Exceptions include antique firearms and transfers between family members.
Certificate of Eligibility for Pistol and Revolvers, or Long Guns, or Ammunition required to purchase handguns, long guns, or ammunition, respectively, or a State Permit to Carry Pistols and Revolvers to purchase any of the above. Applicants must complete an approved safety course, and pass a National Instant Criminal Background Check System (NICS) background check and mental health records check prior to issuance of certificate. Certificates of Eligibility are granted on a May-Issue basis to qualified applicants and are valid for five years. With the passing of Public Act 13-3, hunting licenses (which take approximately 12 hours to complete versus the eight hours the NRA Basic Pistol Course takes) may no longer be used to purchase ammunition or long rifles. Long guns and ammunition purchased outside of Connecticut are not subject to the long gun and ammunition eligibility requirements (even if one is a Conn. resident) other than the two-week waiting period must be observed for long gun transfers out of state, unless one has a valid hunting license or carry permit.
Firearm registration?
Partial
Partial
CGS 53–202
Registration required for assault weapons purchased between September 13, 1994 and April 1, 2014 and for machine guns obtained before January 1, 2014.
There is a de facto registry of the sale (including the serial numbers) of handguns and long guns purchased in the state that is maintained by the Department of Emergency Services and Public Protection (DESPP). Any transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DESPP and a form containing personal and weapon identification (DPS-3-C) must be submitted to DESPP and local police. This form is collected and maintained on all guns purchased from FFL dealers as well. The DPS-3-C form is not required for long gun transfers made out of state, and there is no legal requirement/penalty to register firearms purchased out of state or lawfully obtained before April 1, 2014.
"Assault Weapon" law?
Yes
Yes
CGS 53–202
Selective fire weapons, numerous specifically named firearms, some .50 BMG variant firearms, and semiautomatic center-fire firearms with one defining cosmetic feature are banned; banned weapons lawfully possessed prior to April 4, 2013, must have been registered with DESPP prior to January 1, 2014. Registered weapons may only be sold or transferred to a licensed gun dealer, to the State Police or local police department, transferred to a recipient outside of Connecticut or willed to a designated heir when the original owner/registrant becomes deceased. Assault weapons that are not specifically named on the state's assault weapons ban and were manufactured and lawfully obtained prior to September 13, 1994 do not require registration with DESPP and may be sold or transferred to any non-prohibited person provided that they are at least 21 years old.[57] Exceptions exist for active and retired law enforcement and military members.
As of April 4, 2013, magazines holding more than 10 rounds are considered Large Capacity Magazines (LCM), and such magazines manufactured after that date may not be sold or transferred within the state. Existing owners of LCMs may possess such magazines if they declare and register them with the DESPP before January 1, 2014; Owners of registered LCMs may not load such magazines with more than 10 rounds except when inside the owner's home or on the premises of a licensed shooting range. Even if an individual has a permit to carry a pistol or revolver, they can never carry, other than at a shooting range, a pistol that has an LCM loaded with more than 10 bullets. Possessing an unregistered Large Capacity Magazine obtained prior to the ban's effective date is an infraction with a $90 fine for the first offense, and a Class D felony (punishable by up to 5 years in prison and/or a $5,000 fine) for subsequent offenses. Unlawfully possessing a LCM obtained after the effective date of the ban is a Class D felony.
Shall-Issue, with Limited Discretion. Connecticut's pistol permit law specifies that issuing authorities May-Issue pistol permits to qualified applicants, but the state's courts have generally ruled that permits must be granted on a Shall-Issue basis to applicants meeting the state's qualifications for a pistol permit, as Connecticut does not require an applicant to "show good cause" for needing a permit. Issuing local authorities have limited discretion to deny a permit when he or she has personal knowledge of the applicant's character that would not otherwise be reflected on a background check. Denial on this basis would have to be justified with supporting evidence showing that the applicant is not of "suitable" character to be granted a pistol permit, but virtually all cases are thrown out if the applicant is not otherwise barred from owning firearms.
Connecticut has a two-step permitting process: a 60-day Temporary permit issued by local authorities and a 5-year Regular permit issued by the Department of Emergency Services and Public Protection (DESPP). Issuance of a Temporary permit is technically not a prerequisite to apply for a Regular permit, but in practice an applicant must await a decision from local authorities on the temporary permit application before applying to DESPP for the Regular permit. If the local permit is denied for any reason, instead one files an appeal to DESPP to have the state board re-examine the application. If the state board denies the permit (rare occurrence), a court appeal is possible. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members. Out of state permits not valid in Connecticut, but non-residents may apply for a Connecticut non-resident carry permit through the mail. Non-residents must have a carry permit issued by a United States jurisdiction to apply.
Permit required for open carry?
Illegal
Illegal
Effective October 1, 2023, the open carry of handguns and long guns is generally prohibited in Connecticut, except on property owned or lawfully controlled by the person carrying openly, at a designated shooting range, or while hunting.[58]
Vehicle carry permitted?
No
Yes
A valid Connecticut pistol permit is required to carry a loaded weapon in a vehicle. Otherwise, the weapon must be unloaded and the firearm and its ammunition must be stored in locked containers during transport.[59]
As of October 1, 2019, handguns left in unattended vehicles are required to be stored in the trunk, locked safe, or locked glove box.[60]
Duty to inform?
No
No
Connecticut is not a duty to inform state. Those who are carrying a pistol or revolver must carry their permit with them.
A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises; but he may use deadly physical force under such circumstances only (1) in defense of a person as prescribed in section 53a-19, or (2) when he reasonably believes such to be necessary to prevent an attempt by the trespasser to commit arson or any crime of violence, or (3) to the extent that he reasonably believes such to be necessary to prevent or terminate an unlawful entry by force into his dwelling as defined in section 53a-100, or place of work, and for the sole purpose of such prevention or termination.
State preemption of local restrictions?
Partial
Yes
CGS 29–28
State pre-emption of local ordinances not explicitly specified in state law, but established by court precedence. Most municipalities have ordinances restricting or banning the discharge of firearms outside of firing ranges or designated hunting areas during hunting seasons. Some municipalities have restrictions or bans on carrying long guns in public places. The City of New London and the City of New Britain previously had ordinances that forbade concealed carry of handguns, which have since been repealed in both cities. Some localities have zoning ordinances restricting or banning gun stores and/or shooting ranges within their boundaries.
SBR, SBS, DD, suppressors are legal, provided they also comply with the assault weapons provisions, unless purchased before October 1, 1993. Machine guns are legal if purchased and registered with the state before January 1, 2014. Non-selective fire machine guns may be transferred to another resident within Connecticut.
Peaceable Journey laws?
No
No
CGS 29–38(d)
Federal rules observed.
Background checks required for private sales?
Yes
Yes
CGS 29-36l
Private party firearm transfers require that a NICS background check of the buyer be performed by the Department of Emergency Services and Public Protection – Special Licensing and Firearms Unit. This can be accomplished by the seller through a phone call to DESPP-SLFU.[61][62]
State law allows police, after investigating and determining probable cause, to get a court warrant and seize guns from anyone "posing an imminent risk of harming themselves or someone else".
Effective June 30, 2022, the production, sale, transfer, receipt, and possession of firearms deemed as assault weapons are prohibited. State law bans numerous specifically named semi-automatic centerfire rifles, semi-automatic shotguns, and semi-automatic pistols. The law also bans "copycat" assault weapons, which are defined as being a firearm that while not specifically listed as a banned assault weapon, is either a semi-automatic centerfire rifle, semi-automatic shotgun, or semi-automatic pistol with one or more specific banned cosmetic features.
Effective August 29, 2022, the production, sale, purchase, receipt, transfer, and possession of magazines capable of holding more than 17 rounds is prohibited. Active and retired law enforcement officers, members of the United States Armed Forces, and concealed-carry permit holders are exempt from the ban. .22 Caliber tubular magazines are also exempt from the ban.
Delaware is de jure a "may issue" state for concealed carry, but historically and in light of the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen, is shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm.[63]
Permit required for open carry?
No
No
Open carry without a permit is generally lawful. A 2014 Delaware Supreme Court ruling recognized that open carry was a long-standing fundamental right, and could only be prohibited by local ordinances in effect prior to July 4, 1985. The city of Dover formerly required a permit from the police chief for a state concealed permit to open carry, but this was repealed in October 2015 in accordance with the ruling.
Municipalities may regulate only the discharge of firearms and the possession of firearms within police stations and municipal buildings, unless the ordinance was in effect prior to July 4, 1985.
SBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for civilians.[64]
Private party transfers of firearms to persons other than family members must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. A transfer to a person who possesses a valid License to Carry a Concealed Deadly Weapon is exempt from this requirement.
If a mental health professional deems that a person is a danger to themselves or to others, the police may get a court order to temporarily seize that person's firearms.
The firearm registration process also serves as a permitting process. Purchases by DC residents may only be made through a federally licensed dealer ("FFL"), and firearms purchased through an FFL can only be physically delivered to the purchaser after MPD approves the purchase by issuing a firearm registration certificate.
Owner license required?
Yes
Yes
The firearm registration process also serves as a licensing process. In the case of self-manufactured firearms, DC residents have 5 business days to file for a registration certificate after completing the self-manufacture of a firearm.
Firearm registration?
Yes
Yes
All firearms (except certain black powder firearms) must be registered with the Metropolitan Police Department as soon as they are brought into the District; for new purchases the registration must issue prior to the owner taking possession. An NCIC background check, fingerprinting, proof of address, and online training are required.
License required for concealed carry?
N/A
Yes
The Metropolitan Police Department shall issue a Concealed Pistol License to a qualified applicant. Only registered pistols may be carried. Nonresidents must register a pistol with MPD in order to apply for a Concealed Pistol License.
Law enforcement evaluates each firearm application on a case-by-case basis to ensure that the firearm is free of certain enumerated “assault” features before approving the firearm registration application.
Magazine capacity restriction?
Yes
Yes
Possession of magazines capable of accepting or "readily restored or converted to accept" more than 10 rounds is prohibited.
Possession of machine guns, short barreled shotguns, and silencers is prohibited; possession of short barreled rifles is not specifically prohibited but short barreled rifles cannot be registered.
Private party firearm transfers must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. As a result of this and applicable federal law, all handgun transfers to DC residents must be conducted by FFLs located inside the District of Columbia. Long guns (shotguns and rifles) may be transferred to DC residents by FFLs located in other states, although DC law requires that those FFLs comply with DC law. Sales made by DC firearms owners to purchasers in other states need only conform to that state's transfer laws, although federal law requires that such transfers be facilitated through an FFL.
Waiting period?
Yes
Yes
After purchasing a firearm, the buyer must receive a registration certificate from the police department before taking possession of the gun, a process which can take up to 90 days. Officially, however, the minimum waiting period is ten days.
The mandatory waiting period is 3 days, excluding weekends and legal holidays, or expires upon the completion of the records checks, whichever occurs later. Individual counties can require a waiting period of up to five days. This requirement is waived for holders of a Florida Concealed Weapon license.
Open carry of firearms is generally banned except for certain protected places and activities, including in the home, place of work, hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
The sale or transfer of a firearm to a person younger than 21 years of age may not be made or facilitated by a licensed importer, licensed manufacturer, or licensed dealer. The law restricts all long guns to those over 18 years old
Must be registered with county police chief within 5 days of purchase or arrival to Hawaii. Registration not required for black powder and pre-1899 firearms. May not bring firearm into the state if under 21.[65]
Assault weapon law?
No
Yes
Law bans assault pistols with two or more banned features. Does not apply to rifles or shotguns with a barrel length greater than 16 inches
Magazine capacity restriction?
No
Yes
HRS134-8(c)
HRS134-11(3)
Any magazine with a capacity of more than 10 rounds that can be inserted into a pistol is prohibited. Members of organizations are exempt from the pistol magazine limit at places of target shooting.
Owner license required?
No
No
No license required to own any firearms in Hawaii, but all firearms, including those brought into the state by new residents, must be registered.
Permits are granted on a shall issue basis. While Hawaii has a may-issue law and historically approved almost no concealed carry permit applications, its law has been permanently enjoined since the Supreme Court's decision in NYSPRA v. Bruen on June 23, 2022. This ruling held that the Second Amendment protects an individual's right to carry a handgun outside the home, abrogating Hawaii's may-issue concealed carry law. Prior to the ruling, the chief of police in each county could grant a permit "in an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property." On July 7, 2022, the state's attorney general formally acknowledged that the licensing officials could no longer enforce this clause in light of the Bruen decision.[66]
Permit required for open carry?
Yes
Yes
By law, Hawaii is a Licensed Open Carry State, but since licenses are rarely issued, the state is Non-Permissive for open carry in practice. The chief of police may grant a permit "Where the urgency or the need has been sufficiently indicated" provided that the person "is engaged in the protection of life and property." In practice, Hawaii is "No-Issue," as issuing authorities rarely or never approve applications for permits.
On July 24, 2018, the Ninth Circuit Court of Appeals ruled that Hawaii's laws restricting open carry are unconstitutional.[67][68] That ruling was vacated on February 8, 2019, and the case was reheard en banc on September 24, 2020.[69] On March 24, 2021, the en banc court ruled that Hawaii's restrictions on the open carrying of firearms are outside the historical scope of the Second Amendment and therefore the laws restricting open carry are constitutional.[70]
No laws against open carrying long guns. The Bruen decision has left the no issuance of open carry licenses in a grey area at this point.
State preemption of local restrictions?
Yes
Yes
Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, state law.
NFA weapons restricted?
Yes
Yes
Machine guns, short barreled rifles, short barreled shotguns, and silencers/suppressors are prohibited from the average citizen. Certain Destructive Devices and AOWs are allowed with proper tax stamp and NFA paperwork from the ATF.
A person who wants to purchase a handgun or long gun must obtain a permit to acquire the ownership of a firearm, which requires a background check of the applicant.
Idaho is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Regular and Enhanced permits are issued. Permitless carry took effect on July 1, 2016.
Firearms legally defined as assault weapons possessed within Illinois before January 10, 2023, must have been registered with the state police before January 1, 2024.
Shall-issue with limited discretion.[73] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident license.
An Illinois concealed carry license is required for Illinois residents. Non-residents may carry in a vehicle if they are eligible to carry in their home state. If their home state issues licenses or permits, a license or permit is required.
Preemption for the regulation and transportation of handguns and handgun ammunition. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013.
The sale of firearms defined as assault weapons is prohibited as of January 10, 2023. Existing assault weapons are grandfathered in if registered with the state police by January 1, 2024. These restrictions are being challenged in various state and federal courts. Some local governments have banned the possession of assault weapons, prior to the preemption deadline of July 20, 2013.
Limit of 10 rounds for long guns and 15 rounds for handguns as of January 10, 2023. These restrictions are being challenged in various state and federal courts. Some local governments have enacted additional restrictions.
Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF.
Illinois has no stand-your-ground law, however there is also no duty to retreat. The use of force is justified when a person reasonably believes that it is necessary "to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony." There are some additional protections for defense against unlawful entry into a dwelling.
Illinois has state preemption for the transportation of handguns and handgun ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card. Some localities have banned the possession of assault weapons.
Family members, police, or state's attorneys can petition a judge to issue an order to confiscate the firearms of a person deemed an immediate and present danger to themselves or others. The person's firearms must be returned to them within one year unless the court finds grounds to renew the suspension.
Law enforcement officers, school administrators, physicians, and mental health professionals can file a clear and present danger report with the Department of Human Services and Illinois State Police, which will revoke the FOID of a person who communicates a serious threat of physical violence or demonstrates threatening physical or verbal behavior. Subjects of such reports must undergo a psychological evaluation to prove they are not a danger to themselves or others if they wish to obtain a FOID or to have a revoked FOID reinstated.
Illinois prohibits any person under age 18 from possessing a handgun. (Federal law prohibits persons under 18 from purchasing long guns, and persons under 21 from purchasing handguns.)
Indiana is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Permitless concealed carry took effect on July 1, 2022, for residents and non-residents 18 or older
Permitless open carry took effect on July 1, 2022, for residents and non-residents 18 or older. Carry of long guns is generally permitted. On May 9, 2017, the Indiana Supreme Court ruled that detaining an individual based solely upon their possession of a handgun (in order to verify that they are licensed) violates the Fourth Amendment absent any other reasonable articulable suspicion of a crime being committed.[74]
Iowa law provides for a permit to acquire pistols or revolvers but it is not required to purchase firearms. The permit has a three-day waiting period before taking effect.
"Neither the sheriff nor the commissioner shall require an applicant for a permit to carry weapons to provide information identifying a particular weapon in the application including the make, model, or serial number of the weapon or any ammunition used in that particular weapon."
"A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under the laws of this state."
Machine guns and destructive devices illegal. Suppressors legal as of March 31, 2016.[75] Short barreled rifles and shotguns legal as of April 13, 2017.[76]
Kansas is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Regular permits are issued to those 21 or older, and Provisional permits are issued to those 18 to 21. Permitless carry took effect on July 1, 2015.
The Second Amendment Protection Act prohibits Kansas law enforcement from enforcing the NFA if a personal firearm, a firearm accessory, or ammunition is owned or manufactured commercially or privately in Kansas and remains within the borders of Kansas. A firearm manufactured in Kansas must have the words "made in Kansas" clearly stamped on a central metallic part, such as the receiver or frame. Federal enforcement is still possible.
Kentucky is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permitless carry took effect on June 26, 2019.
No locality "may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof." The following entities can restrict concealed carry, per law:
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
Maine is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Permitless carry took effect on October 12, 2015.
Permit required for open carry?
No
No
May carry openly without permit, except in state parks and some other locations.
A Handgun Qualification License is required, unless exempted (Active Duty/Retired Military with identification cards, Active/Retired Law Enforcement with department credentials, Federal Firearms Licensees); training is required, unless exempted; fingerprints are required; background checks are required; does not invalidate the requirement to perform a comprehensive background check for every handgun purchase transaction.[77]
On November 21, 2023, a three-judge panel in the Fourth Circuit voted 2-1 to strike down the handgun licensing requirement as unconstitutional on 2A grounds.[78]
On January 11, 2024, the Fourth Circuit agreed to rehear the challenge en banc.[79]
Firearm registration?
No
Yes
The state police maintain a permanent record of all handgun transfers. Automatic weapons must be registered with the state police.
Owner license required?
No
No
Permit required for concealed carry?
N/A
Yes
Maryland is a de jure "may issue" state for concealed carry, but in light of the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen, Governor Larry Hogan directed law enforcement to cease enforcement of the "good and substantial reason" requirement to obtain a concealed carry permit. As a result, Maryland is de facto a "shall issue" state.
Permit required for open carry?
No
Yes
Open carry is permitted with a carry license, but is not generally practiced except by uniformed private security officers. Though this is subjective with the issuance of shall-issue permits now. Long guns and antique handguns may be carried openly without a license.
State preemption of local restrictions?
Yes
Yes
Maryland has state preemption for most but not all firearm laws.
Certain models of firearms are banned as "assault pistols" and "assault long guns". It is illegal to possess an "assault weapon" or a copycat weapon with two or more specified features (folding stock, grenade/flare launcher, flash suppressor) unless owned before 10/1/2013, or received through inheritance from a lawful possessor and not otherwise forbidden to possess.[77]
Illegal to purchase, sell or manufacture magazines with a capacity of greater than 10 rounds within Maryland. However, possession of magazines greater than 10 rounds is legal if purchased out of state. These may not, however, be transferred to a subsequent owner unless done so outside the state of Maryland.
All private transfers of regulated firearms (handguns or assault weapons) must be processed through a licensed dealer or designated law enforcement agency which must conduct a background check on the buyer.
Note: this section does not yet reflect changes per H.4885, signed by the Governor on July 25, 2024, and due to go into effect 90 days from the date of signing (October 23, 2024), with some aspects of possessing an "assault-style firearm" (as specifically define by new language in the applicable Massachusetts statute) grandfathered through August 1, 2024.
Firearms Identification Card (FID) or License to Carry Firearms (LTC) required, which are normally issued by local police departments. The state's Firearms Records Bureau handles applications for non-resident licenses to carry, and resident alien permits.[82] Historically, some issuing authorities (notably the Boston Police Department) required an applicant to justify the need for a firearm—see additional discussion below regarding "shall issue". Federal Firearms License (FFL) holders may only sell handguns that appear on one of the state's "approved firearms rosters",[83][84] although this does not prohibit LTC holders from lawfully possessing handguns not on the rosters.[85]
Although registration is not specifically required by law, transfers of firearm ownership are required to be recorded with the Massachusetts Executive Office of Public Safety and Security (EOPSS): by the seller if in state, or by the buyer if out of state. The Massachusetts EOPSS also provides the option to register a firearm, although, other than obtaining a firearm from out of state (a transfer of ownership), this is not required by law.
License to Carry Firearms (LTC) required. Massachusetts is a de facto "shall issue" state for carry since the Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen held "may issue" regimes unconstitutional. The issuing authority must provide written explanation for the denial of any application, which is subject to appeal. The issuing authority is the local police chief for most jurisdictions, who issues carry licenses based on an applicant's suitability and compliance with background check and training requirements. Permits are valid statewide, provided the license-holder complies with restrictions (if any) imposed by the issuing authority.
License to Carry Firearms (LTC) required. Note than an individual who can lawfully carry firearms does not have to conceal a firearm in public.[86] Moreover, in 2013, the Massachusetts Supreme Judicial Court ruled (FRB v. Simkin) that such a person is not responsible for alarm caused by licensed carry of a handgun, and that a permit cannot be revoked for suitability purposes under these circumstances.[87] If police demand to see the permit, it must be produced, per G.L. c. 140, § 129C. Failure to produce a LTC upon demand by law enforcement is probable cause for arrest.[citation needed]
Massachusetts statute lists specific firearms that are deemed assault weapons, and also incorporates the definition of an assault weapon per "18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994", which is a two-point "banned features" system. Firearms listed as assault weapons or failing the two-point system are prohibited, unless lawfully owned on or prior to September 13, 1994. Firearms that do not meet the definition of an assault weapon are legal to purchase with an LTC, or in some cases an FID, as long as applicable magazine capacity restrictions are followed.
Unlawful to possess magazines of over 10 rounds capacity. "Pre-ban" magazines (manufactured before September 13, 1994) are exempt from this restriction.
The seller must verify the buyer's FID or LTC with the state's Department of Criminal Justice Information Services (CJIS), which is "conducted over a real time web portal" developed by CJIS.[88]
A judge may issue an extreme risk protection order (ERPO) to temporarily confiscate the firearms of a person who appears to be at risk of harming themselves or another person.
A license to purchase (issued by a police department) or a Michigan-issued Concealed Pistol License (CPL) is required to purchase a long gun (private sales only) or a handgun (both private sales and dealer sales). Applicants must undergo a background check to receive a license to purchase or a CPL.
Some handgun sales are required to be registered to local law enforcement. There are several exceptions, including, but not limited to, police and United States citizens holding a concealed carry permit from another state.
A license to purchase a firearm (issued by a police department) or a Michigan-issued Concealed Pistol License (CPL) is required to purchase a long gun (private sales only) or a handgun (both private sales and dealer sales). Applicants must undergo a background check to receive either a license to purchase a firearm or a CPL.
Permit to purchase required to transfer/purchase long guns with a pistol grip and handguns through FFL dealers. A permit to carry also acts as a permit to purchase for Minnesota residents. Traditional rifles and shotguns may be purchased without a permit.
Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon on or about their person in public place is guilty of a felony. However, one may carry a pistol or a long gun openly with permit to carry a pistol because, the law states that the prohibition on carrying does not include the carrying of a BB gun, rifle, or shotgun by a person who has a permit under section 624.714.
Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Some destructive devices are prohibited in most cases. Sound suppressors and short barreled rifles are legal.
Long guns also require a background check if equipped with a pistol grip. As explained in subdivision 2, a background check for a private sale can be more thorough than the background check for a sale through a FFL holder.
Miss. Code Ann. § 45-9-101 Miss. Code Ann. § 95-3-1 Miss. Code Ann. § 97-37-1 Miss. Code Ann. § 97-37-7(2)
Mississippi is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Regular and Enhanced permits are issued. Enhanced permits are issued to those who complete a training course. Permitless carry took effect on April 15, 2016, and applies to the carry of handguns in "belt and shoulder holsters and sheaths." Some forms of concealed carry still require a permit (e.g., without a holster, or in an ankle holster). Enhanced concealed carry permits allow for carrying in all areas except for any police, sheriff or state highway patrol station; any detention facility, prison or jail; courtrooms during a judicial proceeding; and, any "place of nuisance".
Permit required for open carry?
No
No
Miss. Code Ann. § 45-9-101(14) Miss. Code Ann. § 97-37-1(4)
May carry openly without permit. Handguns must be carried in a "a sheath, belt holster or shoulder holster".
Castle Doctrine/Stand Your Ground law?
Yes
Yes
Miss. Code Ann. § 97-3-15
State preemption of local restrictions?
Yes
Yes
Miss. Code Ann. § 45-9-51 Miss. Code Ann. § 45-9-53
"...no county or municipality may adopt any ordinance that restricts the possession, carrying, transportation, sale, transfer or ownership of firearms or ammunition or their components." However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots, and natural disasters.
Missouri is a "shall issue" state for citizens and lawful permanent residents who are 19 years or older. Permitless carry took effect on January 1, 2017.
May carry openly without permit, except localities can pass ordinances restricting open carry. Carry permits allow holders to carry openly anywhere in the state.
Local governments can regulate the open carry and discharge of firearms. In December 2019, St. Louis passed an ordinance forbidding the carrying of firearms in city parks, athletic fields and facilities, and recreational facilities.[89][90] A lawsuit challenging the ordinance as a violation of the preemption law is expected.
Montana is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Permitless carry took effect on February 18, 2021.
Missoula enacted a universal background check ordinance in 2016, however Attorney General Tim Fox opined that the ordinance is unlawful.[91] In October 2018, a state judge ruled that the ordinance was lawful[92] but the ordinance was struck down unanimously by the Montana Supreme Court on October 22, 2019.[93]
For handguns, a Firearm Purchase Permit (issued by the sheriff in the county of one's residence) or a Nebraska-issued Concealed Handgun Permit is required.
Nebraska is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permitless carry took effect on September 2 2023, 90 days after the end of the legislative session, which ended on June 1, 2023.
Permit required for open carry?
No
No
May carry openly without permit. For open carry in a vehicle, the firearm must be clearly visible.
For handguns, a Firearm Purchase Permit (issued by the sheriff in the county of one's residence) or a Nebraska-issued Concealed Handgun Permit is required.
Open carry is generally permitted throughout the state. For open carry in a vehicle, the firearm may be anywhere except concealed upon the person without a concealed firearm permit.[95][96]
Long guns carried openly in a vehicle may not have a round chambered, but may otherwise have a loaded magazine inserted or inside them.[97]
Local authorities may regulate the discharge of firearms. Handgun registration in Clark County was grandfathered in, until SB175 (signed into law June 2nd, 2015) removed the authority of the county to register handguns in Nevada.[98]
Possession and ownership of an SBR, SBS, machine gun (selective-fire weapon), or silencer, all NFA items, are subject to federal purview and regulation.[99][100]
Background checks required for private sales?
Yes
Yes
In November 2016, Nevada voters approved Ballot Question 1, changing the law to require background checks for private sales.[101] Nevada Attorney General Adam Laxalt opined that the law is unenforceable.[102][103]
A revised version was signed into law on February 15, 2019 to fix the deficiencies of Question 1. The law is set to go into effect in January 2020.[104][105][needs update]
New Hampshire is a "shall issue" state for residents and non-residents who are 18 years or older and is one of the few states that will issue to non-citizens living outside of the United States. Permitless carry took effect on February 22, 2017.
"Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses..."
A lifetime purchaser identification card is required for purchase of rifles and shotguns, as well as for purchases of handgun ammunition. A permit to purchase a handgun, valid for 90 days is required for each handgun purchase. Only one handgun can be purchased within a 30-day period. According to judicial ruling, purchase permits/identification cards are supposed to be granted on a “shall-issue” basis.
Firearm registration?
No
Yes
The NJ State Police Firearms Investigation Unit (NJSP FIU) maintains a record of all handgun transfers, except for inherited firearms willed to the transferee, or firearms brought to the state by new residents moving to the state. Firearm registration is voluntary, but since handgun purchase permits are also a form of register, there is de facto mandatory handgun registration for handguns purchased in-state. Purchases by NJ residents must either be from a licensed dealer in NJ or a private individual who is a resident of NJ. In both dealer purchases and private sales, a copy of the purchase permit is sent to the NJSP FIU. A NICS background check at the point of sale is only required for purchases from dealers.
Owner license required?
No
No
Purchaser Identification Card required to purchase firearms in state. License is not required to own or possess firearms at exempt locations,[108] only to purchase. Firearm must be compliant and/or brought into compliance with NJ law before entering NJ.
New Jersey calls its permit a "permit to carry a handgun" and is a "shall-issue" by judicial ruling for concealed firearm carry. It must be approved by both the municipality's police chief and a NJ judge, whereas the applicant will not know who denied the $200 application to carry.
Permit required for open carry?
No
Yes
Open carry is allowed only with a permit to carry a handgun and is generally not practiced except by security officers and others who carry firearms on duty. While it is technically legal to carry long guns with a valid Firearm Purchaser ID card, it is generally frowned upon by law enforcement, except when hunting. One can expect to be detained and questioned in most places if carrying in this manner. However, open carry of loaded long guns is not permitted.
State preemption of local restrictions?
No
No
There is limited state preemption for some firearm laws.
New Jersey prohibits the possession of certain named firearms or "substantially identical" firearms deemed to be assault firearms, including possession of parts from which an assault firearm may be readily assembled. Firearms classed as assault firearms but acquired before May 1, 1990 and registered with the state are legal to possess. Police officers may possess assault weapons for duty purposes and may possess personal assault weapons with recommendation by their agency.
Magazine capacity restriction?
Yes
Yes
Magazines are limited to 10 rounds for semi-automatic pistols and rifles, and 6 rounds for semi-automatic shotguns. Tubular fed fixed magazine .22s exempt.
Possession of short barreled rifles, short barreled shotguns, destructive devices, and suppressors are prohibited to the average citizen. Law is silent on AOWs. Possession of a machine gun requires a state license, which is granted on a may issue basis by a county superior court judge. Machine gun licenses are extremely difficult to obtain.
Background checks required for private sales?
Yes
Yes
Private firearm sales require a background check conducted through a federally licensed gun dealer except for temporary transfers,[112] transfers between law enforcement officers, or transfers between immediate family.[113]
Red flag law?
Yes
Yes
A judge may issue a gun violence restraining order authorizing the police to confiscate a person's firearms if the judge determines that the person poses a significant risk of personal injury to himself or others. In recent practice, New Jersey has extended that petition to anyone to Red Flag a gun owner.
Shall-issue to full-time and part-time residents (who hold a valid New Mexico ID/Driver's License), with passage of a criminal history check and mental health records check, and completion of 15-hour handgun safety course that includes live-fire instruction. Active military and law enforcement members and veterans honorably discharged within 20 years of permit application are exempt from training requirement.[116] Permit required to carry concealed loaded firearm on foot. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle. Unlawfully carrying a concealed firearm is a petty misdemeanor that is punishable by up to 6 months in a county jail and/or a fine of up to $500. Except for active-duty military members and dependents permanently stationed in the state, New Mexico does not issue CHLs to non-residents.
License required for open carry?
No
No
It is legal to open carry a loaded rifle and/or handgun in New Mexico without a permit.[117]
Vehicle carry permitted?
Yes
Yes
A loaded firearm may be carried/transported either openly or concealed in a vehicle without a permit.
Out-of-state permits recognized?
N/A
Partial
NMSA 29-19-12
New Mexico recognizes permits from states with reciprocity agreements (currently 24 states).[118] New Mexico law limits reciprocity agreements to states with licensing standards that are substantially similar or more restrictive than New Mexico's.
Duty to Inform?
No
No
NMSA 29-19-9
Although not mandated by state law, it is customary in New Mexico to inform law enforcement officials when transporting firearms. Those who are carrying a loaded pistol or revolver concealed while on foot must carry their CHL with them and present it upon demand by law enforcement.
Concealed Carry on College Campuses?
No
No
NMSA 29-19-8 NMSA 30-7-2.4
Firearms and ammunition may be stored in a locked vehicle while parked on campus, and may be carried while driving in a vehicle on campus, but may not be carried on foot while on campus property or stored in an on-campus facility. Exceptions exist for university-sponsored shooting events and ROTC programs.[119]
NFA weapons restricted?
No
No
State pre-emption of local ordinances?
Yes
Yes
NMSA 29-19-10
As stated in Article 2, Section 6 of the New Mexico Constitution. Tribal laws on Native American reservations not pre-empted. Some tribes recognize New Mexico firearms laws, while others do not and have far more restrictive firearms policies. Additionally, some local jurisdictions have enacted ordinances restricting or banning the discharge of firearms within their boundaries, with exceptions for shooting ranges and designated hunting areas during hunting season.
Castle Doctrine law?
Yes
Yes
NMSA 30-2-7
New Mexico's self-defense statute (NMSA 30-2-7) is vaguely worded and does not specifically address Castle Doctrine or Stand Your Ground situations.[120] However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably feels "threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself."[121] Currently, the courts have limited the scope of Castle Doctrine/Stand Your Ground to self-defense situations occurring inside the defender's home, and neither law nor court precedents provide the defender immunity from lawsuits by the aggressor arising from the use of lethal force in self-defense. Additionally, judicial precedents in New Mexico have established that the use of lethal force is not justifiable in defense of one's property alone.
Duty to Retreat?
No
No
NM UJI 14-5190
A person who is threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself.
Opt-Out statute?
Yes
Yes
NMSA 29–19–12; NMSA 30–14–6; NMAC 10.8.2.27
Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. Violating these "gun-free" establishments is a full misdemeanor punishable by less than one year in the county jail and/or a fine of up to $1,000 (Criminal Trespass - NMSA 30-14-1).
Peaceable journey laws?
No
No
One may travel through or within New Mexico with a loaded weapon in a vehicle. Federal law pre-empts Native American reservation laws. FOPA is observed.
NMSA 40-17 allows law enforcement officials to petition a judge to order the temporary seizure of firearms from an individual where there is probable cause that the individual will cause harm to themselves or others. Under the law, the subject has the option to surrender his or her firearms within 48 hours of the order, to law enforcement or to a licensed firearms dealer for safekeeping until the order expires or is rescinded. The judge will then schedule a hearing within 10 days to determine based on the preponderance of evidence if the weapons should be returned to the owner, or to issue an Extreme Risk Firearm Protection Order (ERFPO) for up to 1 year. New Mexico's Red Flag law also allows for an individual subject to an ERFPO to sell or transfer seized/surrendered firearms to a licensed firearms dealer or other non-prohibited buyer, after the buyer has passed a NICS background check. Authorities in some rural jurisdictions have refused to enforce New Mexico's Red Flag Law.[123][124]
Background checks required for private sales?
Yes
Yes
NMSA 30-7-7.1
Effective July 1, 2019. Senate Bill 8, which establishes a requirement for NICS background checks for private-party transfers was signed into law on March 8, 2019. Exceptions will exist for active/retired LEO transfers and transfers between immediate family members.[125][126]
Handguns and semi-automatic rifles require a permit. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Westchester, Nassau and Suffolk Counties, with a background check. Permits for those wanting to carry concealed or possess handguns in the home are now issued on a "shall-issue" basis. There is an application fee for each permit, as well as an amendment fee for each handgun added to the permit. No NYS permit is required for shotguns and non-semiautomatic rifles. Firearms deemed "assault weapons" cannot be bought. NOTE: Different laws apply for NYC
Handguns: All handguns must be registered under a license. There is a $3 registration fee. Handguns are registered with purchase permit. The serial number and sale is noted down. Antique weapons are exempted from this. All handguns must travel in the manner one's license is issued. No record is needed of previously owned handguns with law enforcement. Non-"assault weapon" long guns: No registration required. "Assault weapons": All rifles classified as assault weapons were required to be registered with the state by January 15, 2014, and are illegal otherwise. NOTE: Different laws apply for NYC
Owner license required?
No
Yes
S 265.20, S 265.01
No license is required for long guns; however, New York State requires a license for handgun ownership. Handgun licenses are normally restricted to three types: residence or business premises permit, Target & Hunting, and Unrestricted Carry. Target and hunting allows carry while engaged in those activities. Unrestricted allows carry at any time. All permits issued outside of New York City are not valid in New York City except for retired police and federal law enforcement officers with that status marked on their permit and for armored car guards on duty. The minimum age to be issued a handgun license is 21 unless one is a former or current member of the armed forces or law enforcement. NOTE: Different laws apply for NYC
License required for concealed carry?
N/A
Yes
S 400.00
New York counties, or the police departments in New York City and Nassau and Suffolk counties, issue unrestricted concealed carry licenses on a "shall issue" basis. Prior to June 23, 2022, licenses were issued on a "may issue" basis, but this practice was held unconstitutional by the Supreme Court. [128] Previously, discretionary issuance policies varied widely across the state. Generally, it was harder to obtain a license in counties closer to large cities. Most counties that are not a part of downstate New York had shall/reasonable issuance policies, but some administratively restricted time or place of carry (such as only for target shooting or hunting). It is not a crime to carry a weapon under a Target or Hunting permit for other purposes, but if caught or reported, the permit will likely be revoked. Concealed carry without any kind of permit must be charged as a felony unless the weapon is unloaded and no ammunition for it is in possession of the person carrying. All permits are valid throughout the state, except in the City of New York, unless validated by the police commissioner of that city, or by armored car guards, retired police officers and retired federal law enforcement officers as specified in the Criminal Procedure Law. NY Penal Law 400(6). While New York law does not allow issuance of pistol licenses to non-residents, 2013 federal appeals court and State appeals court rulings clarified the residency requirement. This clarification allowed those domiciled outside of the state with a part-time residence in New York to be issued a permit.[129]
Open carry allowed?
No
No
S 265.35, S 265.01
The law is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a license to carry is issued to carry concealed as per penal law 400. Therefore, pistol permit holders must carry concealed. Open carry is permitted while hunting and possibly on one's own property. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced. It is illegal to transport a loaded long gun in a motor vehicle, except in some scenarios while hunting.
Assault weapon law?
Yes
Yes
S 265.00, S 265.02
Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and registered with the state by January 15, 2014 or classified as an antique assault weapon. New York City, Buffalo, Albany, and Rochester have enacted their own assault weapon bans. Law enforcement and retired law enforcement are exempt from the assault weapons ban.
Magazine capacity restriction?
Yes
Yes
§ 265.02
Magazine size is limited to 10 rounds. Law enforcement and retired law enforcement with last service weapon only, are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. The 10 round magazine law is part of the NY SAFE Act. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was struck down by a federal judge on December 31, 2013. NOTE: Different laws apply for NYC
Ownership of machine guns, suppressors, short-barreled rifles, AOW's and short-barreled shotguns are prohibited to the average citizen. Destructive devices are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited. AOW's disguised as non-firearms are illegal.
Castle Doctrine Law?
Yes*
Yes*
§ 35.20
New York has a castle doctrine law. It allows for the "use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary."[130] Lethal force is governed under §35.15.[131]
State preemption of local restrictions?
No
No
None
New York preempts only handgun licensing.[132] Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws, such as licensing of long guns and 5-round magazine limits.[133][134][135]
Peaceable journey laws?
Yes
Yes
S 265.10
With certain restrictions (see below), most notably magazines are not exempt. FOPA is complied with by police agencies in New York after losing some false arrest lawsuits.
Background checks required for private sales?
Yes
Yes
NY Gen Bus L § 898 (2012)
For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police, and keep a record of the transaction.[136]
Senate Bill 41, Guarantee Second Amendment Freedom and Protections, eliminates all pistol purchase permitting laws in the state. Enacted and effective March 29, 2023.
Federal Background Checks Required for all purchase through Firearms Dealers
Yes
Yes
In 2023, North Carolina repealed its law requiring a permit to purchase a handgun and is no longer a partial point of contact state for NICS. Firearms dealers must contact the FBI to process the background check required by federal law.
Background checks required for private sales?
No
No
In 2023, the North Carolina legislature overrode the governor’s veto to repeal its law requiring a permit and background check to buy a handgun. The state does not otherwise require background checks on purchases of firearms from unlicensed sellers. Federal and state purchaser prohibitions still apply.
North Dakota is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Class 1 permits are issued to those 21 or older, and Class 2 permits are issued to those 18 or older. Permitless carry took effect on August 1, 2017.
"A political subdivision, including home rule cities or counties, may not enact a zoning ordinance or any other ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law."
Oklahoma has an anti-red flag law that bars the state or any political subdivision thereof from enacting laws allowing or mandating the confiscation of firearms from individuals who are not legally prohibited under state and federal law from owning firearms.
Oklahoma is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permitless carry took effect on November 1, 2019.
"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
"No municipality or other political subdivision of this state shall adopt any order, ordinance or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes or other controls on firearms, knives, components, ammunition and supplies."
Oregon law prohibits any person from intentionally selling, delivering, or otherwise transferring any firearm to anyone under 18 years of age (ORS 166.470(1)(a)), except:
A parent or guardian, or another person with the consent of the parent or guardian, may transfer a firearm other than a handgun to a minor. (ORS 166.470(3)(a))
The temporary transfer of any firearm to a minor for hunting, target practice, or any other lawful purpose. (ORS 166.470(3)(b))
...possess a firearm other than a handgun if the firearm was transferred to the minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent. ORS 166.250(2)(a)(A)
...not possess a firearm if they are under 18 years of age, and while a minor, committed the equivalent of an adult felony or a misdemeanor involving violence, within four years of being charged with possession. ORS 166.250(1)(c)
...may also possess any firearm temporarily for hunting, target practice, or any other lawful purpose. ORS 166.250(2)(a)(B) ( and ORS 166.470(3)(b); see above)
Assault weapon ban?
No
No
---
No Oregon state laws define or regulate assault weapons.
Oregon is a "shall-issue" state for residents. Technically sheriffs "may issue" licenses to non-residents of contiguous states; however, in practice most county sheriffs either adopt very restrictive criteria for issuance to non-residents or simply refuse to issue licenses. Carrying of a concealed firearm is prohibited by ORS 166.250, however holders of a valid Concealed Handgun License are exempt from this law. (see ORS 166.260).
As of 2021, campus carry is left up each university to decide.[141] Prior to that, a 2011 Oregon Court of Appeals ruling stated that public universities did not have the authority to prohibit firearms on their grounds, but could still prohibit them inside buildings.
Open carry of firearms is legal statewide without a permit.
However, Oregon law allows a city or county to regulate open carry of loaded firearms in public places, but holders of concealed carry permits are exempt. (ORS 166.173) The cities of Portland,[142] Beaverton,[143] Tigard,[144] Oregon City,[145] Salem,[146] and Independence,[147] as well as Multnomah County,[148] have statutes which do not allow open carry of loaded firearms (unless one has a concealed carry permit).
The authority to regulate the sale, acquisition, transfer, ownership, possession, storage, transportation, or use of firearms or any element relating to firearms and firearm components, including ammunition, is vested solely in the State Legislative Assembly.
Private party firearm transfers must be conducted through a licensed firearm dealer while both parties are present. The dealer is required by federal law to conduct a background check and keep a record of the sale. Transfers between family members (spouse, parent/stepparent, child/stepchild, sibling, grandparent, grandchild, aunt/uncle, first cousin, niece/nephew, spouse of any of the above) are exempt.
If a person appears to be in imminent danger of hurting themselves or another person, a police officer or a member of the person's family or household may petition the court for a one-year order that would prohibit the person from possessing a deadly weapon.
Ballot Measure 114 bans the sale, transfer, or importation of magazines that can hold more than ten rounds of ammunition. Possession of such magazines remains legal, with some restrictions. Due to litigation the new law is not currently in effect.
All handgun buyers in the state must undergo a PICS check at the point of sale, a record of which is maintained by the state police in a "sales database". However, firearm owners moving to Pennsylvania from another state are not required to register their firearms. As stated in 18 Pa.C.S. § 6111.4: "Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth."
SB 565 would affirm the constitutional right of every person inside Pennsylvania to keep and bear firearms without a permit, including the right to carry openly or concealed, loaded or unloaded. The bill also eliminates the restrictions on carrying firearms on public streets or public property in Philadelphia.
May carry openly without permit, except LTCF required in Philadelphia (City of the First Class), in a vehicle, or during a declared state of emergency. On May 31, 2019, the Supreme Court of Pennsylvania ruled that carrying a firearm is not reasonable suspicion to detain someone.[149]
"An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm...has no duty to retreat and has the right to stand his ground and use force, including deadly force, if:
(i) the actor has a right to be in the place where he was attacked;
(ii) the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and
(iii) the person against whom the force is used displays or otherwise uses:
(A) a firearm or replica of a firearm as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms); or
(B) any other weapon readily or apparently capable of lethal use"
"No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."
All private party transfers of handguns must be processed through a licensed dealer, or at a county sheriff's office. In either case a background check is required.
All purchasers of handguns must complete and pass a safety exam managed by the RI Department of Environmental Management, at which time they will receive a DEM issued "blue card" allowing purchase (R.I. Hunter Safety Education card is equivalent). Exempt are active duty military members, active and retired law enforcement officers, correctional officers, and persons licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11.[150]
Rhode Island is a hybrid "shall issue" and "may issue" state for carry. Licenses may be granted either by local authorities or by the state's attorney general's office. Licenses granted by local authorities are "shall issue" while those issued by the attorney general's office are "may issue" under state law. Until recently, most local authorities had been deferring to the attorney general which effectively blocks most issuance, unless one is a retired law enforcement officer.
The practice of not issuing permits on a true "shall issue" basis has been the subject of recent litigation. In April 2015, the Rhode Island Supreme Court ruled that a police chief must accept and review carry permit applications and must render a decision and the reasons for that decision. More significantly, the court ruled that the issuing authority must "show cause" for denying an applicant a carry license.[151]
Permits issued by local authorities and the Attorney General's office are valid for concealed carry statewide.
Open carry of handguns is only expressly permitted for those with a pistol permit issued by the attorney general. Open carry of loaded long guns along public roadways is prohibited by law.
Permitted with a valid Rhode Island Pistol Permit. Non-residents may carry in a vehicle with a valid concealed carry permit issued by another state while traveling through Rhode Island without any intent to stop while in the state.
Non-residents may carry in a vehicle with a valid carry permit issued by another state while traveling through Rhode Island without any intent to stop while in the state.
One may possess a loaded handgun in a motor vehicle without a RI permit as long as one possesses a carry permit from another state and is merely transiting through Rhode Island without any unnecessary stops. Long guns must be unloaded while in a vehicle. FOPA is observed.
For all firearm transfers, the buyer must pass a background check. Exempt are active law enforcement officers and those licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11.
The police may petition the Superior Court to issue an extreme risk protection order if they receive credible information of a significant and imminent risk. A judge may issue a temporary gun-removal order, but a hearing is required within 14 days to determine if a one-year ban on buying or possessing a firearm is warranted.
After purchasing a firearm, the waiting period before the buyer can take possession is 7 days. Exempt are active law enforcement officers and those licensed to carry a concealed firearm by RI Gen. Stat. 11–47–11.
South Carolina is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Permitless carry took effect on March 14, 2024.
"No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: (1) the transfer, ownership, possession, carrying, transportation, ammunition, components, or any combination of these things..."
South Dakota law provides for a Gold Card permit that allows people to skip the NICS check but it is not required to purchase firearms. It is also equivalent to a regular carry permit in terms of reciprocity.
South Dakota is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Enhanced permits are issued to those 21 or older, and regular permits are issued to those 18 or older. Permitless carry took effect on July 1, 2019.
"A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force."
No county, township, or municipality "may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components."
Tennessee is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Concealed and Enhanced permits are issued. Enhanced permits are issued to those who complete a training course. Permitless carry took effect on July 1, 2021.
Permit required for open carry?
N/A
No
T.C.A. § 39-17-1307 T.C.A. § 39-17-1308
May carry handguns loaded openly without permit. Long guns may only be carried unloaded.
Castle Doctrine/Stand Your Ground law?
Yes
Yes
T.C.A. § 39-11-611
State preemption of local restrictions?
Yes
Yes
T.C.A. § 39-17-1314 T.C.A. § 39-17-1359
Local governments may post signs to prohibit carry on government property. Local governments may not, however, prohibit firearms in locally owned/operated parks and other recreational areas.
Texas is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permitless carry took effect on September 1, 2021.
May carry in parking lots, parking garages, outdoor walkways on campus. Public four-year universities and public two-year colleges must allow concealed carry in campus buildings. Universities and colleges will be allowed to designate certain sensitive areas as "gun free zones"; these are subject to legislative analysis.
Utah is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Regular permits are issued to those 21 or older, and Provisional permits are issued to those 18 to 21. Permitless carry took effect on May 5, 2021.
May carry openly without permit if 21 or older. For those 18 to 21: Open carry of a loaded firearm (e.g., a live round of ammunition in the firing chamber) is allowed with a permit. Open carry of firearm without a permit is allowed as long as the gun is at least two actions from being fired, e.g. 1) rack the slide to chamber, and 2) pull the trigger; or must carry with no bullet in the next chamber in a revolver, so have to pull the trigger twice to fire.
"(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if: (a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or (b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony. (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony."
Force in defense of person – Forcible felony defined.
"(1) (a) A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force. (b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony."
Must be 21 to purchase any firearm. May purchase long guns at 16 if purchasing from someone other than a federally licensed firearm dealer and the purchaser presents a certificate of completion of a hunter safety course approved by the Vermont Commissioner of Fish and Wildlife.[153]
Firearm registration?
No
No
Assault weapon law?
No
No
Magazine restriction?
Yes
Yes
A gun control bill, passed on March 30, 2018, bans sale or possession of magazines of more than 10 rounds for long guns and 15 rounds for pistols.[154] It was signed by Governor Phil Scott on April 11. Previously owned high capacity magazines are grandfathered.
May carry open or concealed without permit as long as one is a citizen of the U.S. or a lawfully admitted alien, and not otherwise prohibited from possessing firearms under state or federal law.
Virginia is a "shall issue" state for concealed carry. Permits are issued to residents and non-residents. As of January 1, 2021, the option of obtaining training via an electronic, video or online course will be removed.[158]
In a vehicle, a firearm is exempt from the requirement for a concealed carry permit if the firearm is "properly secured in a container or compartment within the vehicle" (ie glove box, center console, trunk, etc). The container/compartment does not have to be locked, the firearm may be within the reach of the driver or a passenger, and the firearm may be loaded.[159] This does not preempt an employer from prohibiting firearms "at a place of employment if there is a company policy or signage prohibiting firearms on the premises."[160] Furthermore, a "county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality." However, this does not "apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business."
Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of a loaded semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, one may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.
In a vehicle, a firearm may be considered "openly carried" if the firearm is openly visible, though this is not as well established as the "secured in a container/compartment" rule mentioned above.
Virginia has state preemption for most but not all firearm laws. As of July 1, 2020, local governments have expanded power to ban firearms in certain sensitive areas, such as government buildings and public events.[161]
Proof of age (18+ for long arms, 21+ for pistols) and proof of citizenship (or permanent residence license) are required for the purchase of "assault weapons". "Assault weapons" are defined as a semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.
Fully automatic firearms (machine guns) must be registered with the state police. Plastic firearms and some destructive devices (such as the striker 12 shotgun) are prohibited outside law enforcement. SBS, SBR, AOWs, and suppressors are legal with NFA paperwork.
Background checks required for private sales?
Yes
Yes
18.2-308.2:5
As of July 1, 2020, firearms sellers, with some exceptions, must obtain criminal history information from the Virginia State Police to determine if a firearm buyer is permitted, under applicable state and federal law, to purchase or possess firearms. Notably, the law does not apply to transfers of firearms in which nothing of value is exchanged for the firearm.[162][163] The penalty for noncompliance with the law is a Class 1 misdemeanor. In Virginia, Class 1 misdemeanors are punishable by up to 1 year in jail and a $2,500 fine.[164]
Red flag law?
Yes
Yes
A judge can issue an Extreme Risk Protective Order, enabling the police to temporarily confiscate the firearms of a person deemed to be at high risk of harming themselves or others.[165]
Must be 21 to purchase a pistol or semiautomatic rifle. Since July 2019, the purchaser of a semiautomatic rifle must provide proof of completing a recognized firearm safety training program in the last five years.[166]
Retail dealers must record and report all retail pistol sales to local police/sheriff and to state department of licensing, and must record and report all semiautomatic rifle sales after July 1, 2019.[168]
Washington is a "shall-issue" state and will grant concealed carry permits to all applicants who meet the criteria. There are no training requirements.
Open carry is lawful in Washington without any permit. Open carry of a loaded handgun in a vehicle is legal only with a concealed pistol license. Open carry of a loaded long gun in a vehicle is illegal, regardless of CPL possession.
State law does not allow more restrictive local laws.
Seattle and Edmonds have passed ordinances mandating safe storage of firearms when not being carried or used. Seattle's ordinance also has reporting requirement for lost or stolen firearms within 24 hours. Both cities are being sued for violation of state preemption.[176][177] Edmonds had its ordinance struck down in October 2019.[178]
Assault weapons law?
Yes
Yes
As of April 25, 2023, the sale, distribution, importation, and manufacturing of semi-automatic firearms classified as assault weapons are prohibited. Possession of assault weapons already owned remains legal.
As of July 1, 2022, the manufacture, distribution, and sale of magazines that have a capacity of over 10 rounds are prohibited. The possession of such magazines, however, is not restricted.
Machine guns and short-barreled shotguns—unless purchased before July 1, 1994—are illegal for non-law-enforcement possession. Suppressors, destructive devices and any other weapons are lawful to possess and use if registered properly with ATF. Short barreled rifles are lawful to possess and use if registered properly with the ATF, as of June 12, 2014.[184]
Private party firearm transfers must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale, unless one of the specifically enumerated exceptions in RCW9.41.113
The police may temporarily take guns away from people a judge deems a threat to themselves or others without notice to the defendant. If the defendant does not appear to request the restrictions be lifted, they will remain in place.[192]
West Virginia is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Regular permits are issued to those 21 or older, and Provisional permits are issued to those 18 to 21. Permitless carry took effect on May 24, 2016.
"Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law."
A purchaser is prohibited from receiving a handgun from a FFL dealer until they’ve been approved through the state de-facto permitting scheme which is to pay a State background check fee to the state DOJ for it to conduct an additional background check (over and above the Federal 4473).
Wyoming is a "shall issue" state for citizens and permanent lawful residents who are 21 years or older. Residents of states that have reciprocity with Wyoming and who possess a permit can also apply for a Wyoming permit. Permitless carry took effect on July 1, 2011.
Permit required for open carry?
No
No
May carry openly without permit.
Castle Doctrine/Stand Your Ground law?
Yes
Yes
W.S. § 6-2-602
"A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force pursuant to subsection (a) of this section provided that he is not the initial aggressor and is not engaged in illegal activity."
State preemption of local restrictions?
Yes
Yes
W.S. § 6-8-401
"Except as authorized by W.S. 15-1-103(a)(xviii) and 21-3-132, no city, town, county, political subdivision or any other entity shall authorize, regulate or prohibit the sale, transfer, purchase, delivery, taxation, manufacture, ownership, transportation, storage, use, carrying or possession of firearms, weapons, accessories, components or ammunition except as specifically provided by this chapter. This section shall not affect zoning or other ordinances which encompass firearms businesses along with other businesses. Zoning and other ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this section and are prohibited."
Wyoming Firearms Freedom Act, passed in 2010, prohibits any government servant from enforcing the NFA if a personal firearm, a firearm accessory, or ammunition is owned or manufactured commercially or privately in Wyoming and remains within the borders of Wyoming. A firearm manufactured in Wyoming must have the words "made in Wyoming" clearly stamped on a central metallic part, such as the receiver or frame. While federal enforcement is still possible, the law penalizes federal agents from enforcing such laws.[193]
A license is required to possess or import long guns or ammunition. Handguns are prohibited for civilian possession despite D.C. v Heller and McDonald v Chicago.
Firearm registration?
Yes
Yes
All firearms must be registered with the American Samoa Public Safety Department.
Assault weapon law?
No
No
All handguns and centerfire firearms banned; Only 12, 16, 20 and 410 gauge shotguns and shotgun shells and 22 caliber rifles and their ammunitions are allowed
Magazine capacity restriction?
No
No
Concealed carry allowed?
N/A
No
Concealed carry is illegal.
License required for open carry?
Yes
Yes
Open carry is legal for holders of a valid License to Possess which are required to purchase and possess firearms;[194] though Licenses to Possess have been restricted to only shotguns and rimfire rifles since 1991, effectively banning handguns.[195] Licenses issued for handguns and other firearms prior to 1991 are grandfathered as long as they remain valid.[196]
NFA weapons restricted?
Yes
Yes
Explosive weapons, machine guns, gas guns, short barreled rifles, short barreled shotguns, and silencers are prohibited.[197]
A license is required to purchase guns or ammunition.
Firearm registration?
No
No
Registration of firearms has been ruled unconstitutional.[202][203]
Assault weapon law?
No
No
Ban on assault weapons was ruled unconstitutional.[202][203]
Magazine capacity restriction?
Yes*
Yes*
No magazines over 10 rounds. The Attorney General's Office has allowed the US Postal Service in the CNMI to issue standard capacity magazines which hold more than 10 rounds. [204]
License required for concealed carry?
—
No
Concealed carry is banned.
License required for open carry?
—
No
The general ban on carrying operable firearms in public was ruled unconstitutional. Lawful gun owners may carry loaded handguns openly as long as other laws are not violated, such as gun-free zones.[202][203]
NFA weapons restricted?
Yes
Yes
Short barreled shotguns, short barreled rifles, machine guns, suppressors, and grenade launchers are prohibited.
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.[205]
Permit required for concealed carry?
Yes
Yes
As of January 1, 2020, shall-issue.[205] 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.[206]
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.
A license is required to purchase any firearm or ammunition.
Firearm registration?
Yes
Yes
All firearms must be registered with the Virgin Islands Police Department.
Assault weapon law?
Yes
Yes
Assault weapons and .50 BMG rifles prohibited.
Magazine capacity restriction?
Yes
Yes
License required for concealed carry?
N/A
Yes
The territory currently has a "shall issue" policy for concealed carry permits due to the Supreme Court's Bruen decision. To obtain one, the applicant must meet a stringent set of requirements, so few people receive permits.
Open carry allowed?
No
No
Open carry is prohibited.
NFA weapons restricted?
Yes
Yes
Automatic firearms and short barreled shotguns are prohibited.
Peaceable journey laws?
No
No
Federal law (FOPA) applies.
See also
Note: Please see many links in the box at the top of the page called "Firearm legal topics of the United States of America".
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.
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.
Gun laws in Oklahoma regulate the sale, possession, and use of firearms and ammunition in the state of Oklahoma 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 Arkansas regulate the sale, possession, and use of firearms and ammunition in the state of Arkansas in the United States.
Gun laws in Delaware regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Delaware.
Gun laws in the District of Columbia regulate the sale, possession, and use of firearms and ammunition in Washington, D.C.
Gun laws in Hawaii regulate the sale, possession, and use of firearms and ammunition in the state of Hawaii, United States. Hawaii's gun laws are among the most restrictive in the country.
Gun laws in Iowa regulate the sale, possession, and use of firearms and ammunition in the state of Iowa in the United States.
Gun laws in Mississippi regulate the sale, possession, and use of firearms and ammunition in the state of Mississippi in the United States. Gun laws in Mississippi are among the most permissive in the country, with no license or background check required to openly carry handguns most anywhere in the state.
Gun laws in Montana regulate the sale, possession, and use of firearms and ammunition in the state of Montana in the United States.
Gun laws in Nevada regulate the sale, possession, and use of firearms and ammunition in the state of Nevada in the United States.
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 North Dakota regulate the sale, possession, and use of firearms and ammunition in the state of North Dakota in the United States.
Gun laws in Ohio regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Ohio.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.
Gun laws in Washington regulate the sale, possession, and use of firearms and ammunition in the state of Washington in the United States.
↑ "Printz v. United States". Stephen P. Halbrook. Archived from the original on December 16, 2009. Retrieved March 28, 2010. Congress may not require the States to administer a federal regulatory program
↑ "Retention of Sales & Background Check Records in California", Law Center to Prevent Gun Violence, October 29, 2015. Retrieved June 8, 2016. "California law requires most firearm transfers to be processed through a licensed firearms dealer.... Firearms dealers are required to report all Dealer Record of Sale ("DROS") transactions to the California Department of Justice ("DOJ") electronically."
↑ "California Penal Code Section 11106", Onecle. Retrieved December 10, 2016. "(2) The registry shall consist of all of the following ... (A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale... (B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale...(D) The manufacturer's name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted."
↑ "Law section". California Legislative Information. Retrieved March 21, 2021.
↑ "New Firearms Legislation". State of California - Department of Justice - Office of the Attorney General. December 12, 2016. Archived from the original on March 4, 2017. Retrieved March 3, 2017.
↑ Anderson, Ric (November 9, 2016). "Ballot Question Closing Background Check Loophole Passes in Nevada". Las Vegas Sun. Retrieved November 9, 2016. The measure makes private transactions subject to the same legal requirement as purchases involving licensed dealers, for which federal background checks are necessary.
↑ "Minimum Age to Purchase & Possess". Giffords Law Center to Prevent Gun Violence. Retrieved January 11, 2020. "Minimum Age to Purchase & Possess in Vermont". Giffords Law Center to Prevent Gun Violence. November 1, 2019. Retrieved January 11, 2020. The age to purchase a long gun from a federally licensed firearm dealer is 18, 21 for hand guns.
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Recent history of state concealed carry lawsUnrestrictedShall issue generally meaning obtaining a permit is straightforwardMay issue meaning permits are at the discretion of the stateBanned
Minimum age to purchase long guns2121, 18 with parental consent181818, 16 to transferNo minimum ageNo information availableNote that federal law sets a minimum age of 18.
Minimum age to purchase handguns2121 for purchases from dealers, 18 for private sales18No minimum ageNo information availableNote that federal law sets a minimum age of 21.
Assault weapons bansLong guns and handgunsHandguns only
