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Gun laws in the United States


Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws. For instance, some US states have created assault weapon bans that are similar to the expired federal assault weapons ban. State level laws vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment to the U.S. Constitution. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[1][2] As well, the Supreme Court of the United States has held that the protections of the Second Amendment apply against state governments and their political subdivisions (see: McDonald v. Chicago).[3]
 
Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.[4]In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law 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.
  • Most 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 many 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 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.

 Alabama

Subject/LawLong GunsHandgunsRelevant StatutesNotes
Permit to purchase required?NoNo
Firearm registration?NoNo
Owner license required?NoNo
Carry permits issued?NoYesAlabama is a "may issue" state for concealed carry. Permits are generally issued to qualified applicants.
Open carry permitted?NoYesOpen carry is generally permitted. Open carry in a vehicle without a concealed carry license is prohibited.
State preemption of local restrictions?YesYes"The entire matter of handguns is reserved to the state legislature."
"Assault weapon" law?NoNo
NFA weapons restricted?NoNo

 Alaska

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?NoNoNoneNo
Firearm registration?NoNoNoneNo
"Assault weapon" law?NoNoNoneNo
Owner license required?NoNoNoneNo
Carry permits issued?NoYesAS 18.65.700 through 18.65.778May carry concealed without permit, though permits can be issued for those who wish to have them.
Open Carry?YesYesMay carry openly without permit/license.
State Preemption of local restrictions?YesYesAS 29.35.145Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, State law.
NFA weapons restricted?NoNoNoneNo
Peaceable Journey laws?NoNoNoneFederal rules observed.

Arizona

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoNoNoneNo
Firearm registration required?NoNoARS 13-3101State law duplicates some of the registration requirements of weapons regulated by the federal National Firearms Act (NFA).
"Assault weapon" prohibition or restrictions?NoNoNoneNo
Owner license required?NoNoNoneNo
Concealed Carry Weapon (CCW) permits issued?YesYesARS 13-3112
ARS 13-3102
In Arizona, a person over age 21 may legally carry a concealed firearm or deadly weapon without a permit within the state, except for certain prohibited locations, and must disclose the fact to a law enforcement officer if questioned. Although no longer required, a CCW permit may still be obtained and has certain advantages, including reciprocity with many other states having CCW laws.
Open carry allowed?YesYesMay carry openly without permit/license.
State preemption of local restrictions?YesYesARS 13-3108
NFA weapons restricted?NoNoARS 13-3101Arizona law does not prohibit either possession or use of any weapons legally registered as NFA weapons under federal law.
Peaceable journey laws?NoNoNoneFederal rules observed.

 Arkansas

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?NoNoNoneNo
Firearm registration?NoNoNoneNo
"Assault weapon" law?NoNoNoneNo
Owner license required?NoNoNoneNo
Carry permits issued?NoYes5-73-301 - 5-73-320Concealed carry requires a permit. Handgun open carry is not permitted.
Open Carry?YesNo
State Preemption of local restrictions?YesYes5-73-120
NFA weapons restricted?N/AN/A5-73-120
Peaceable Journey laws? ?Yes5-73-120 (c)(4)[Weapons are allowed if] The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon;

California

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?NoPartial*§26500, §12071, §12082All firearm sales (except long guns more than 50 years old) must be completed through a dealer. *Handgun purchases require a Handgun Safety Certificate and proof of residency.
Firearm registration?NoYes§12025 and §12031All handgun serial numbers and sales are recorded by the state (registered) in the Department of Justice’s Automated Firearms System. Long arm serial numbers are not recorded, only the sale. While there is no requirement for California residents to register previously owned handguns or firearms with law enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice’s Automated Firearms System. California §12025 states that handguns must be transported unloaded and in a locked box other than the glove compartment or utility box in a motor vehicle. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
Owner license required?NoNoNone
"Assault weapon" law?YesYes§12280, §12285Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders.
Carry permits issued?YesYes§12050May issue, depending on jurisdiction. County sheriff's or local Police Chief's discretion, many counties are de facto "no-issue," while others are "shall-issue" in practice. CCW permits valid statewide. Out-of-state permits not valid in California.
Open Carry?NoNo§26350
State Preemption of local restrictions?YesYes§53701 GCMost but not all local restrictions preempted.
NFA weapons restricted?YesYes§12220, §12020Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns."
Peaceable Journey laws?NoNoNone

Colorado

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?NoNoNone
Firearm registration?NoNoNone
"Assault weapon" law?No*No*Denver has an "Assault Weapons" ban. See Section 38-130 of Denver’s Revised Municipal Code*
Owner license required?NoNoNone
Concealed Carry permits issued?YesYesCRS 18-12
Open carry?Yes*Yes*CRS 18-12Legal without permit requirements* except in the City and County of Denver.
Concealed within a vehicle?YesYesCRS 18-12, 33-6-125**Without a round chambered (applies to rifles/shotguns, not pistols).
State Preemption of local restrictions?Yes*Yes*CRS 18-12*Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law
NFA weapons restricted?NoNoNone
Peaceable Journey laws?YesYesCRS 18-12-105.6Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
Castle Doctrine?YesYesA legal resident of a property has the right to use deadly force to defend them self, other occupants, and property from intruders, whether they are armed or not.
Stand Your Ground Law?YesYesA person does not have to attempt to retreat from any place where they have a legal right to be before they may defend them self or others with deadly force.

Connecticut

Subject/LawLong gunsHandgunsRelevant statutesNotes
State Permit to Purchase?NoYesCGS 29–36(f),
CGS 29–36(g)
Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of long guns, with exceptions for peace officers, Active-Duty military members, and holders of carry permits and hunting licenses.
Firearm registration?No*No*CGS 53–202Registration required for assault weapons purchased before October 1, 1993. There is a de facto registry of handguns maintained by the Department of Public Safety as any handgun transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DPS and a form containing personal and weapon identification (DPS-3-C) must be submitted to DPS and local police. This form is collected and maintained on all long guns purchased from FFL dealers as well, however is not required for the transfer of long guns between private parties.
"Assault weapon" law?YesYesCGS 53–202Partial ban (selective fire weapons, some .50 BMG variants, an enumerated list of specific restricted features and certain brands of semi-automatic assault weapons and weapon "types".)
No restrictions on magazine capacity.
Owner license required?NoNo
Carry permits issued?NoYesCGS 29–28May-Issue by statute, but Shall-Issue in practice. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members. Out of state permits not valid in Connecticut, but nonresidents may apply for a Connecticut Nonresident CCW permit through the mail.
Open Carry?NoYesMay carry openly with permit/license.
State Preemption of local restrictions?PartialPartialCGS 29–28State pre-emption of local ordinances not explicitly specified in state law, but established by court precedence.
NFA weapons restricted?PartialPartialCGS 53–202(c)Selective fire assault weapons prohibited, unless purchased before October 1, 1993.
Peaceable Journey laws?NoNoCGS 29–38Federal rules observed.

Delaware

Subject/LawLong gunsHandgunsRelevant statutesNotes
State Permit to Purchase?NoNo
Firearm registration?NoNo
"Assault weapon" law?NoNo
Owner license required?NoNo
Carry permits issued?YesYes11 Del.C. § 1441Delaware is a "may issue" state for concealed carry. Permits are generally issued to qualified applicants.
Open Carry?YesYesOpen carry is generally permitted. Local prohibitions in effect before July 4, 1985 are not preempted.
State Preemption of local restrictions?Yes*Yes*Complete preemption, except any local ordinances that were in effect before July 4, 1985 are still in effect and are not preempted.
NFA weapons restricted?YesYesCivilian ownership for research purposes only.
Peaceable Journey laws?NoNoFederal rules observed.

 District of Columbia

Subject/LawLong GunsHandgunsRelevant StatutesNotes
Permit to purchase?YesYesThe firearm registration process also serves as a permitting process.
Firearm registration?YesYesAll firearms must be registered with the Metropolitan Police Department. A background check, training, and testing of the gun owner are required.
"Assault weapon" law?YesYes"Assault weapons", .50 BMG rifles, and magazines that can hold more than 10 rounds of ammunition prohibited.
Owner license required?YesYesThe firearm registration process also serves as a licensing process.
Carry permits issued?NoNoConcealed carry prohibited.
Open Carry?NoNoOpen carry prohibited.
NFA weapons restricted?YesYesAutomatic firearms prohibited.
Peaceable journey laws?NoNoPossession of unregistered firearms prohibited for both residents and non-residents.

 Florida

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State license to Purchase?NoNoNone
Firearm registration?NoNoNone
"Assault weapon" law?NoNoNone
Owner license required?NoNoNone
Carry licenses issued?NoYesChapter 790.06Allows concealed possession of handguns, electronic weapons or devices, tear gas guns, knives, or billies, but not long guns or machine guns per Chapter 790.06(1). Concealed carry only; no open carry of firearms allowed, even with license, except when hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
Open Carry?NoNoChapter 790.053
State Preemption of local restrictions?YesYesChapter 790.33
NFA weapons restricted?NoNoNone
Peaceable Journey laws?NoNoNoneFederal rules observed.
Duty to inform?NoNoNoneFlorida law does not require one to disclose their possession of a firearm on contact with Law Enforcement.

Georgia

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?NoNoNone
Firearm registration?NoNoNone
"Assault weapon" law?NoNoNone
Owner license required?NoNoNone
Carry permits issued?YesYesOCGA §16-11-129Concealed or open carry allowed with permit. See also OCGA §43–38–10 which is a special permit for armed security guards.
Open Carry?YesYesOCGA §16-11-129
State Preemption of local restrictions?YesYesOCGA §16-11-173Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
NFA weapons restricted?NoNoNone
Peaceable Journey laws?NoNoNoneFederal rules observed.
Unlicensed open carry?YesNoOCGA 16-11-128A Georgia Weapons License (GWL), or a recognized out-of-state permit, is required for open carry of any handgun outside of one's home, property, motor vehicle, or place of business.

 Hawaii

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?YesYes
Firearm registration?YesYesMust be registered with county Police Chief within 5 days of purchase.
"Assault weapon" law?YesYes
Owner license required?YesYes
Carry permits issued?NoYesHawaii is a "may issue" state for concealed carry. The chief of police may grant a permit "in an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property".
Open Carry?NoYesOpen carry is technically permitted with a concealed carry license, but is not generally practiced.
State Preemption of local restrictions?YesYesMunicipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, State law.
NFA weapons restricted?NoNoNoneFederal laws observed.
Peaceable Journey laws?NoNoNoneFederal laws observed.

 Idaho

Subject/LawLong gunsHandgunsRelevant statutesNotes
State Permit to Purchase?NoNo
Firearm registration?NoNo
"Assault weapon" law?NoNo
Owner license required?NoNo
Concealed Carry permits issued?NoYesPermit needed to carry concealed, may carry openly in a vehicle or on foot .
Open Carry?YesYesMay carry openly without permit/license.
State Preemption of local restrictions?YesYes
NFA weapons restricted?NoNoPermitted as long such possession is in compliance with all federal regulations
Peaceable Journey laws?NoNoFederal rules observed.

  Illinois

Subject/LawLong GunsHandgunsRelevant StatutesNotes
State permit to purchase?YesYes430 ILCS 65FOID required.
Firearm registration?NoNoChi. Mun. Code §8-20-110The city of Chicago requires registration of firearms. Residents must complete a firearm safety course, pass a background check including fingerprinting, and pay a $100 permit fee which is renewed every three years. Registration of any handgun assumes an additional one time fee of $15.
"Assault weapon" law?NoNoCook Co. Code of Ord. §54-211
Chi. Mun. Code §8-20-170
Cook County and the city of Chicago have separately banned the possession of "assault weapons", and of magazines that can hold more than 10 or 12 rounds of ammunition respectively.
Owner license required?YesYes430 ILCS 65FOID required.
Carry permits issued?NoNo
Open carry?NoNo
State preemption of local restrictions?NoNo
NFA weapons restricted?YesYes720 ILCS 5/24Automatic firearms, short-barreled shotguns, short-barreled rifles, and silencers prohibited. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF. Historically accurate short-barreled rifles possessed for the purpose of historical reenactment allowed by bona fide members of a nationally-recognized military reenactment organization.
Peaceable journey laws?NoNoNon-Illinois residents who are permitted to possess a firearm in their home state are not required to have a FOID card.

 Indiana

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Permit to Purchase?NoNoNone
Firearm registration?NoNoNone
"Assault weapon" law?NoNoNone
Magazine capacity limit?NoNoNone
Owner license required?NoNoNone
Concealed Carry license issued?NoYesIC 35-47-2-3Shall-Issue. Officially "License to Carry Handgun"
Open Carry?NoYesIC 35-47-2-3May carry openly with license.
State Preemption of local restrictions?YesYesIC 35-47-11.1-2Enacted in 2011
NFA weapons restricted?NoNoIC 35-47-5-10Federal laws observed.
Peaceable Journey laws?NoNoNoneFederal rules observed.

 Iowa

Subject/LawLong gunsHandgunsRelevant StatutesNotes
State Preemption of local restrictions?YesYes
State Permit to Purchase?NoYes724.15Concealed Carry permit may be used in lieu of purchase permit
Concealed carry permits issued?NoShall-Issue724.4Accepts permits from all states, Iowa residents must have Iowa permit
Open Carry?YesYes**May carry handguns openly with license.
Castle DoctrineNo (see Notes)704 707.6Civil immunity for use of "reasonable force" in self defense
Firearm registration?NoNo–
"Assault weapon" law?NoNo–
Owner license required?NoNo
NFA weapons restricted?Yes724.1Complete prohibition

 Kansas

Subject/LawLong GunsHandgunsRelevant StatutesNotes
State permit to purchase?NoNo
Firearm registration?NoNo
"Assault weapon" law?NoNo
Owner license required?NoNo
Carry permits issued?NoYes
Open Carry?YesYesMay carry openly without permit/license.
NFA weapons restricted?NoNo
Peaceable journey laws?NoNoFederal rules observed.

 Kentucky

Subject/LawLong GunsHandgunsRelevant StatutesNotes
State permit to purchase?NoNo
Firearm registration?NoNo
"Assault weapon" law?NoNo
Owner license required?NoNo
Concealed Carry permits issued?NoYesKRS § 237.110
Open Carry?YesYesMay carry openly without permit/license.
State preemption of local restrictions?YesYesKRS § 65.870Exception: KRS § 237.115 allows the following entities to restrict concealed carry:
  • Postsecondary educational institutions
  • Any unit of government within the state in buildings that it owns, leases, or occupies – however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
NFA weapons restricted?NoNo
Peaceable journey laws?NoNoFederal rules observed.

 Louisiana

Subject/LawLong GunsHandgunsRelevant StatutesNotes
Permit to purchase required?NoNo
Firearm registration?NoNo
Owner license required?NoNo
Carry permits issued?NoYesLouisiana is a "shall issue" state for concealed carry.
Open carry permitted?NoYesOpen carry is generally permitted, but may be restricted by local governments with laws in place before July 15, 1985.
State preemption of local restrictions?YesYesLocal restrictions in place before July 15, 1985 are grandfathered in. Parishes may regulate hunting and the shooting of firearms.
"Assault weapon" law?NoNo
NFA weapons restricted?YesYesAutomatic firearms, short-barreled shotguns, short-barreled rifles, or silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.

 Maine

Subject/LawLong GunsHandgunsRelevant StatutesNotes
Permit to purchase required?
No
No
 
 
Firearm registration?
No
No
 
 
Owner license required?
No
No
 
 
Carry permits issued?
No
Yes
 
Maine is a "shall issue" state for concealed carry.
Open carry permitted?
No
Yes
 
Open carry is generally permitted. Open carry in a vehicle is permitted only with a concealed carry license.
State preemption of local restrictions?
Yes
Yes
 
Local governments may restrict the discharge of firearms.
"Assault weapon" law?
No
No
 
 
NFA weapons restricted?
NoNo
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