State Gun Law
Things Get Messy at the State Level
This guide has everything you need to know about U.S. gun laws by state.
Overview of State Gun Laws
Gun laws in the US vary considerably between states. The majority of legislation relating to guns is enacted at the state level and these laws are independent of Federal firearms laws. This has resulted in a broad variation of gun laws in all the US states with each state taking a different approach on issues such as permits, carry laws, sales, and self-defense laws.
In some states the firearms laws can be much less restrictive than federal laws. However, individuals are not exempt from federal laws just because the state laws are less restrictive. In most cases it is left to the discretion of local law enforcement as to whether they will enforce federal laws. The Supreme court has ruled in Printz v United States that local law enforcement are not obligated to enforce federal firearms laws.
There are forty states that have a provision that protects the right to own and bear firearms, similar to the Second Amendment to the US Constitution. Some of the states that do not have this protection are California, Minnesota, Maryland, Iowa, New Jersey and New York.
State Gun Laws in The USA
This section goes state by state summarizes their laws. (Use the toggle ON to expand)
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | No | Policy is Shall Issue |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Firearm must be in holster |
Background checks on private gun sales required | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | No | No | Policy is Unrestricted |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required |
Background checks on private gun sales required | No | No |
Alaska laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | No | No | |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | No | No | Policy is Unrestricted “when on a journey” (outside your county of residence) |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No license required |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | Yes | Policy is May Issue. |
Purchase permit required | Yes | Yes | |
Registration of firearm | Yes | Yes | |
Open carry allowed | Yes* | Yes* | *Long guns and handguns can be openly carried in some rural counties. |
Background checks on private gun sales required | Yes | Yes | Sale must be through licensed dealer |
Magazine size restriction | Yes | Yes | Magazine limited to 10 rounds. But Federal Court blocked ban in June 2017 so still unresolved. |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes* | Yes* | *No permit required. Cannot open carry in posted areas such as Denver |
Background checks on private gun sales required | Yes | Yes | Sale must be through licensed dealer and Colorado Bureau of Investigation must approve tansfer. |
Magazine size restriction | Yes | Yes | Magazine limited to 15 rounds. |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | Yes | Policy is Shall Issue due to Court rulings. |
Purchase permit required | Yes | Yes | There is a 14 day waiting period to purchase long guns. |
Registration of firearm | Yes | Yes | Sales and serial numbers are recorded. Does not apply to out of state sales. |
Open carry allowed | Yes | Partial | Requires permit for handgun. There is no law regarding long guns and open carry. |
Background checks on private gun sales required | Yes | Yes | Sale must be through licensed dealer. |
Magazine size restriction | Yes | Yes | Magazine limited to 10 rounds. |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | No | Policy is May Issue. But operates like Shall Issue |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required |
Background checks on private gun sales required | Yes | Yes | Sale must be through licensed dealer. |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | N/A | Policy is Shall Issue. |
Purchase permit required | Yes | Yes | |
Registration of firearm | Yes | Yes | Must be registered with Metropolitan Police. |
Open carry allowed | No | No | |
Background checks on private gun sales required | Yes | Yes | Sale must be through licensed dealer. |
Magazine size restriction | Yes | Yes | Magazine limited to 10 rounds. |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | Florida law bans any registration of firearms |
Open carry allowed | No | No | There are some exceptions such as when hunting or fishing. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | License required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | Yes | No | Policy is May Issue but operates as No Issue state |
Purchase permit required | Yes | Yes | |
Registration of firearm | Yes | Yes | |
Open carry allowed | Yes | Yes | Open carry of long guns allowed and no law against handguns but permits are never issued for handguns |
Background checks on private gun sales required | Yes | Yes | Permit required to purchase handgun. Will require background check to obtain permit. |
Magazine size restriction | Yes | No | Can not hold more than 10 rounds in handgun. |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Permit required | No* | No | *Non-residents require a permit to carry concealed within cities. Policy is Unrestricted. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry Permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | Yes | Yes | Purchases need a FOID card. |
Registration of firearm | No | No | |
Open carry allowed | No | No | |
Background checks on private gun sales required | Yes | Yes | Seller is required to verify purchasers FOID card. |
Magazine size restriction | No | No |
Illinois laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Permit is required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Indiana laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | Yes | No | Carry permit can be used to purchase |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Permit is required. |
Background checks on private gun sales required | Yes | No | Will need a permit to purchase or carry. |
Magazine size restriction | No | No |
Iowa laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Policy is Unrestricted. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Kansas laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Kentucky laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required but can be restricted by some local authorities. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Louisiana laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Policy is Unrestricted. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Maine laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Concealed carry permit required | Yes | N/A | Policy is May Issue. Permits are difficult to obtain. |
Purchase permit required | Yes | No | Requires a handgun qualification license. |
Registration of firearm | Yes | No | Handguns and automatic weapons require registration with police. |
Permit needed for open carry? | Yes | No | Requires carry permit for handgun but usually only police or security guards open carry. |
Background checks on private gun sales required | Yes | Partial | Sales must go through a licensed dealer or police. |
Magazine size restriction | Yes | Yes | Limited to 10 rounds. Possession of higher capacity magazine is legal if purchased out of state. |
State preemption | Yes | Yes | Most local laws are preempted by state laws but there are a few laws that are not. |
Assault weapons banned | Yes | Yes | There is a ban on certain models of firearms. |
Maryland laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Concealed carry permit required | Yes | No | Policy is May Issue. |
Purchase permit required | Yes | Yes | Carry permit or FID (firearm identification) required. |
Registration of firearm | No | No | |
Open carry allowed | Yes | No | Permit required to open carry handguns. Open carry of long guns is illegal except when hunting. |
Background checks on private gun sales required | Yes | Yes | Seller is required to verify the purchasers FID card. |
Magazine size restriction | Yes | Yes | Must not exceed 10 rounds. |
Red flag law | Yes | Yes | Firearms can be temporarily confiscated. |
Owner license required | Yes | Yes | FID license required. |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No* | No | *If purchaser does not have a carry license and sale is not through a licensed dealer then they will need a permit. |
Registration of firearm | Yes | No | Must be registered with law enforcement. |
Open carry allowed | Yes | Yes | Permit required to open carry in vehicle. |
Background checks on private gun sales required | Yes | No | You must have a carry permit or handgun purchase license which both require a background check. |
Magazine size restriction | No | No |
Michigan laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | Yes | Policy is Shall Issue. |
Purchase permit required | Yes | No | Residents of Minnesota can use a carry permit to purchase. |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Permit required to openly carry handgun or long gun. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Minnesota laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Policy is Unrestricted. No license required if firearm is carried in a purse, handbag, satchel, holsters and sheaths. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Mississippi laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Policy is Unrestricted. No permit is required however you can still obtain one. A permit will exempt the holder from laws passed by local authorities. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Missouri laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No* | No | *You will need a permit if you want to carry a concealed firearm in a city or town. Policy is Unrestricted and Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Montana laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | Yes | No | Carry permit or handgun certificate required. |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Firearm must be visible in a vehicle. Can be restricted by local authorities. |
Background checks on private gun sales required | Yes | No | Need a carry permit to purchase which requires a background check. |
Magazine size restriction | No | No |
Nebraska laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | If in a vehicle cannot be concealed on your person without a permit. |
Background checks on private gun sales required | Yes* | Yes* | *Voluntary, up to seller if they want to do a background check |
Magazine size restriction | No | No |
Nevada laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Policy is Unrestricted. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required. Long guns in vehicles cannot be loaded. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
New Hampshire laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | Yes | Policy is May Issue. Permits rarely issued to ordinary citizens. |
Purchase permit required | Yes | Yes | Handgun ammunition, rifles and shotguns require a purchaser ID card. |
Registration of firearm | Yes | No | Registration of firearms is voluntary. |
Open carry allowed | No | Yes | Carry permit is required for handguns. |
Background checks on private gun sales required | Yes | No | Purchasers of handguns require a permit to purchase. Purchasers of long guns need a firearms purchaser ID card. |
Magazine size restriction | Yes | Yes | Limit of 10 rounds for a semi-automatic rifle or handgun and 6 rounds for a semi-automatic shotgun. |
New Jersey laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes* | No | *You only need a permit to conceal carry, open carry is legal with no permit. Policy is Shall Issue but operates as a limited Unrestricted state. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
New Mexico laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is May Issue. Generally it is harder to obtain a permit closer to big NY cities. |
Purchase permit required | Yes | No | Outside New York city, Suffolk and Nassau counties permits to purchase a handgun are issued by County or State Supreme Court Judges. |
Registration of firearm | Yes | No | It is illegal to possess an unregistered handgun. |
Open carry allowed | No | Yes | Carry permit holders must carry their handgun concealed. |
Background checks on private gun sales required | Yes | Yes | Must be through a licensed dealer. |
Magazine size restriction | Yes | Yes | Limited to 10 rounds. |
New York laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | Yes | No | Carry permit or Pistol Purchase permit required. |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | Yes | No | Will need a carry permit or purchase permit to buy a handgun which require a background check to acquire. |
Magazine size restriction | No | No |
North Carolina laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | Yes | No | Carry permit or Pistol Purchase permit required. |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | Yes | No | Will need a carry permit or purchase permit to buy a handgun which require a background check to acquire. |
Magazine size restriction | No | No |
North Dakota laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required but some restrictions in vehicles and liquor establishments. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Ohio laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | No | Requires a carry permit for handguns. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Oklahoma laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | Yes | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | Yes | Yes | Sales must be through a licensed dealer. |
Magazine size restriction | No | No |
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | Yes | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | All places except Philadelphia or in a vehicle. |
Background checks on private gun sales required | Yes | No | All sales must be made through a licensed dealer or county sheriffs office. |
Magazine size restriction | No | No |
Pennsylvania laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue and May Issue. |
Purchase permit required | Yes | No | Must pass a safety exam and then will be issued a “Blue Card” to purchase. |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | For handguns only if you have a permit issued by the Attorney General. No permit is required for long guns. |
Background checks on private gun sales required | Yes | Yes | |
Magazine size restriction | No | No |
Rhode Island laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | No | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
South Carolina laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Firearm must be clearly visible in vehicle. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
South Dakota laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | Requires a permit for handguns. Long guns must be unloaded if openly carried. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Tennessee laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Texas laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | Yes | Policy is Shall Issue. A loaded handgun can be carried in a vehicle without a permit but a permit is required outside the vehicle. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required if gun is two actions from being fired. A permit is required if there is ammunition in the chamber. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Utah laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Vermont has never issued or required gun permits. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | Yes | Yes | Sales must be done through licensed dealer, unless sale is to family member. |
Magazine size restriction | Yes | Yes | Longuns no more that 10 rounds, handguns no more than 15 rounds |
Vermont laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Virginia laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | Yes | No | Firearms dealers must report all handgun sales to the police. |
Open carry allowed | Yes | Yes | No permit required unless it is a loaded handgun in a vehicle. Long guns must be unloaded to openly carry in a vehicle. |
Background checks on private gun sales required | Yes | Yes | Sales must go through a licensed dealer. |
Magazine size restriction | No | No |
Washington laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Policy is Unrestricted. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
West Virginia laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | Yes | No | Policy is Shall Issue. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit required to openly carry a handgun or long gun. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Wisconsin laws rating –
Subject | Handguns | Long Guns | Notes |
---|---|---|---|
Carry permit required | No | No | Residents do not need a permit to open or conceal carry. Non-residents will require a permit to conceal carry. Policy is Unrestricted. |
Purchase permit required | No | No | |
Registration of firearm | No | No | |
Open carry allowed | Yes | Yes | No permit is required for residents or non-residents. |
Background checks on private gun sales required | No | No | |
Magazine size restriction | No | No |
Wyoming laws rating –
Gun Law Commentary
Firearm Carry Laws
Concealed carry laws are mostly grouped into three categories or issue policies. Up until recently there was four categories but the fourth category “No Issue” has all but been banned from the US by court rulings that it was unconstitutional. The three other categories are;
- Unrestricted – Does not require a permit to carry a firearm and is often referred to as Constitutional Carry.
- Shall Issue – Requires a permit to carry a firearm. Applicant only has to meet the requirements set by law such as minimum age, training, background checks etc.
- May Issue – Again a carry permit is required but laws can be restrictive and in some states impossible to comply with. Often an applicant will be asked to demonstrate a justifiable need for a permit to be issued. It is left to the discretion of law enforcement as to whether a permit to carry will be issued and a few states such as Hawaii will refuse to issue a permit to anyone.
The May Issue states are slowly disappearing with court rulings against their gun policies. Recently (June 2017) the District of Columbia was forced to switch from a May Issue to Shall Issue policy by the federal courts, and that was a final ruling. So the remaining May Issue states days are numbered.
The laws vary greatly for each state with states that do not have an open carry law or require a permit to an outright ban on open carry. In the states that have no open carry law you will often find that the local authorities have ordinances in place to regulate the open carrying of firearms.
There are often exceptions in some states that ban open carry such as Florida which allows open carry while hunting, hiking or fishing. New York and Illinois also have similar exceptions. Then there are other states like Texas that will ban handguns from being openly carried but not long guns.
Firearm Sales & Purchases
Permits to purchase a firearm are required in some states. These permits can just cover handguns or be extended to long guns and ammunition in the more restrictive states. Illinois requires a buyer to have a FOID card to purchase any firearm or ammunition although lately they have allowed concealed carry permits to be used for purchases. But the buyer must still have been issued a FOID card. Other states will also often allow a concealed carry license to be used as a purchase permit. Background checks are required by federal law on all persons purchasing a firearm from a licensed dealer. To facilitate these checks the FBI maintains a database where all requests are processed through called the NICS (National Instant Criminal Background Check System).
The background checks do not extend to private sales of firearms. To close this loophole there are currently 18 states that have enacted legislation to extend the background check law to cover private sales. These laws usually require firearm sales to be processed through a licensed dealer or the local police. A number of states only apply these laws to handguns while others cover both handguns and long guns. A more in depth look at private gun sales with a list of requirements per state can be found on our statistics page.
The states that currently require a background check on private gun sales are;
California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Maryland, New Jersey, Nebraska, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington
Firearm Registration
Most states in the U.S. do not require registration of guns and there is no Federal program to register guns. In fact under Federal law a national gun registry is illegal and eight states also have bans on any gun registry. There are at least four states and one district that have setup a registry for guns, the states are;
California, Hawaii, Maryland, New York and the District of Columbia.
Other states as listed below do not have an official gun registry but collect data on sales.
States With Official Gun Registries
- California – The registry is maintained by the California Department of Justice and keeps information on buyers and sellers plus any firearms imported into the state. Information maintained is serial numbers, fingerprints, names, and addresses. The information is collected on handguns and long guns however if a gun was owned before 1991 there is no requirement to register it.
- District of Columbia – All handguns and long guns are required to be registered with the Metropolitan Police.
- Hawaii – All firearms must be registered within a 5 day period from when they are brought into the state or purchased with the county police chief.
- Maryland – Only applies to handguns and automatic weapons which are required to be registered with the state police.
- New York – Only applies to handguns which must be registered. There is a fee of $3 for registration and it is an offense to possess an unregistered handgun.
States That Collect Data on Gun Sales
- Michigan – All sales of handguns must be registered with local law enforcement.
- New Jersey – A copy of all purchase permits are sent to the New Jersey state police who maintain a record of all handgun transfers.
- Washington -Licensed dealers are required to report all sales of handguns to the Department of Licensing and local law enforcement.
Stand Your Ground Laws
Stand Your Ground, commonly known as “Castle Doctrine” laws that permit a person to defend themselves with deadly force and with no duty to retreat have been enacted in 27 states. These laws vary from state to state in the conditions that it may be used such as the degree of retreat, places covered and if there is any non lethal force required before using deadly force. Most of these laws will have some of the following conditions;
- An attempt to forcibly and unlawfully enter an occupied vehicle, business or residence.
- The intruder cannot have been provoked by the occupants of the home.
- There must be a reasonable belief by the occupants of the home the the intruder will cause death or serious bodily harm to them. There are a few states that allow stand your ground laws to be used for less serious felonies such as burglaries or arson.
- The intruder is required by most of these laws to be acting unlawfully.
- These laws cannot be used against law enforcement officers who are legally carrying out there duties. Such as when they are forcibly entering a premises to arrest a person.
To use the law occupants must be legally in the building or vehicle. If they are a fugitive or helping another fugitive then they cannot defend themselves with deadly force.
Some states require that a person must first retreat if attacked and only use deadly force in there is no option of retreat or retreat would put the person in danger.
If a Castle Doctrine law is in place a threatened person is not required to retreat from a place of work or their own house and in some states this extends to any place a person is legally entitled to be.
State Gun Law in the News
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