Survey of State Procedures Related to Firearm Sales ...2 Survey of State Procedures Related to...

Survey of State ProceduresRelated to Firearm Sales,Midyear 2004

U.S. Department of JusticeOffice of Justice Programs

State by State

• Prohibitions against purchasing firearms• Restoration of rights to purchase firearms• Permits • Waiting periods• Fees• Appeals

Includes the FBI's National Instant Criminal Background Check System

Bureau of Justice Statistics

BJS

Note

Revised 8/31/05 This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#ssprfs

U.S. Department of JusticeOffice of Justice Programs810 Seventh Street, N.W.Washington, D.C. 20531

Alberto R. GonzalesAttorney General

Office of Justice ProgramsPartnerships for Safer Communities

Regina B. SchofieldAssistant Attorney General

World Wide Web site:http//www.ojp.usdoj.gov

Bureau of Justice Statistics

Lawrence A. GreenfeldDirector

World Wide Web site:http://www.ojp.usdoj.gov/bjs

For information contactNational Criminal Justice Reference Service

1-800-851-3420

U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice Statistics

Survey of State ProceduresRelated to Firearm Sales,Midyear 2004

Prepared by the Regional Justice Information Service St. Louis, Missouri

August 2005, NCJ 209288

ii Survey of State Procedures Related to Firearm Sales, Midyear 2004

U.S. Department of JusticeBureau of Justice Statistics

Lawrence A. GreenfeldDirector

Report of work performed under BJS Cooperative Agreement No. 95-RU-RX-K021 awarded to the Regional Justice Information Service (REJIS), 4255 West Pine Boulevard, St. Louis, MO 63108. Contents of this document do not necessarily reflect the views or policies of the Bureau of JusticeStatistics or the U.S. Department of Justice.

The U.S. Department of Justice authorizes any person to reproduce, publish, translate, or otherwise use all or any parts of the material in this publication with the exception of those items indicating they are copyrighted or printed by any source other than REJIS.

More information on this subject may be obtained from:

Gene Lauver, FIST ManagerRegional Justice Information Service4255 West Pine BoulevardSt. Louis, MO 63108Phone: (314) 535-1455, ext. 260Fax: (314) 535-1729

Devon B. Adams, BJS State Program Manager, and Ronald J. Frandsen, REJIS, wrote this report. Gene Lauver, Michael Bowling, and David Naglich assisted in collecting survey data for REJIS.

Office of Justice ProgramsPartnerships for Safer Communities

Survey of State Procedures Related to Firearm Sales, Midyear 2004 iii

Contents

Introduction

History of the survey and related Bulletins 1Survey methodology 1Glossary and acronyms 2

Background

Federal prohibitions 3Brady interim system 3National Instant CriminalBackground Check System 3State involvement in firearmtransfer regulation 4Sources of additional information 4

Firearm sales topics

Prohibited persons 5Prohibitory records 7Types of firearms 9Regulated sales 10Approval systems 11Waiting periods 12Checking process 13Transaction and registration records 14Appeals of denials 15Rejection rates 16

Jurisdictional summaries

Information in summaries 18Federal system 19

StatesAlabama 20Alaska 21Arizona 22Arkansas 23California 24Colorado 25Connecticut 26Delaware 27Florida 28Georgia 29

Hawaii 30Idaho 31Illinois 32Indiana 33Iowa 34Kansas 35Kentucky 36Louisiana 37Maine 38Maryland 39Massachusetts 40Michigan 41Minnesota 42Mississippi 43Missouri 44Montana 45Nebraska 46Nevada 47New Hampshire 48New Jersey 49New Mexico 50New York 51North Carolina 52North Dakota 53Ohio 54Oklahoma 55Oregon 56Pennsylvania 57Rhode Island 58South Carolina 59South Dakota 60Tennessee 61Texas 62Utah 63Vermont 64Virginia 65Washington 66West Virginia 67Wisconsin 68Wyoming 69

Other jurisdictionsAmerican Samoa 70Guam 71Puerto Rico 72The Virgin Islands 73Washington, D.C. 74

State procedures tables

Table 1. Applications for firearmtransfers and permits processed by States 75Table 1a. Applications for firearmpermits processed by localagencies grouped by populationlevel of community served 75Table 2. Prohibited persons: statutory basis for denial of firearmsale or possession 76Table 3. Minors: restrictions based on age or juvenile offenderstatus 77Table 4. Regulation of dealer, private, and gun show sales 78Table 5. Background check and permit procedures 79Table 6. Fees, record retention, and appeals 80Table 7. Prohibited and restrictedfirearms 81Table 8. National Instant CriminalBackground Check System (NICS): Checking agencies 82Table 9. Notification procedures ofState agencies regarding deniedpersons subject to arrest 83Table 10. Data accessed for firearm background checks: domestic violence 84Table 11. Data accessed for firearm background checks: other prohibitions 85Table 12. Revisions of salesregulations and other significantchanges in State firearm laws 86

Reference appendixes

A. Federal and State firearm laws 89B. Agencies conducting firearm background checks 92C. State agency Internet sites 93

Survey of State Procedures Related to Firearm Sales, Midyear 2004 1

Introduction

Survey of State ProceduresRelated to Firearm Sales, Midyear2004 is the ninth in a series ofBureau of Justice Statistics (BJS)reports. This report describes laws,regulations, procedures, andinformation systems related tosales and other transfers offirearms that were in effect as ofJune 30, 2004. Proceduressummarized in the survey arerequired by the laws andregulations of the United States, the50 States, and other jurisdictions.

History of the survey and relatedbulletins This national survey isproduced by the BJS FirearmInquiry Statistics (FIST) project, acomponent of the National CriminalHistory Improvement Program(NCHIP). NCHIP provides fundingand technical assistance to improvethe quality, timeliness, andaccessibility of State criminalrecords and support interfacesbetween State and national recordsystems. The FIST project wasestablished in 1995 to collect datathat describes the scope andimpact of firearm backgroundchecks required under Federal orState law.

The first three editions of the surveyprimarily described proceduresrelated to background checks onhandgun purchasers, especiallythose required by the interimprovisions of the Brady Act. Thefourth through eighth editionsdescribed procedures required bythe permanent provisions of theBrady Act or State law for transfersof handguns and other types offirearms. This edition incorporatesrecent changes in Federal andState procedures, and providesupdated coverage on topics relatedto firearm sales.

Data collected and analyzed by theFIST project are also reported inBJS Bulletins. Five bulletinsreported counts of firearm transferapplications and denials for theBrady interim period. (A cumulativesummary is presented in PresaleHandgun Checks, the Brady InterimPeriod, 1994-98, June 1999, NCJ175034.) More recent bulletinshave summarized counts of firearmtransfer applications and denials forthe first five full years of thepermanent Brady period. For themost recent bulletin, seeBackground Checks for FirearmTransfers, 2003, September 2004,NCJ 204428.

(All prior surveys and bulletins canbe viewed or ordered through theBJS web site listed at the end of theBackground section.)

The regular release of updatedinformation in BJS surveys andbulletins is intended to highlightchanges in the number of firearmtransfer applications and denials aswell as changes in the overalldenial rate or the reasons fordenial. The changes reported maybe influenced by a variety offactors, including revisions inFederal and State laws, policies, orprocedures, and the availability ofdifferent categories of lawenforcement records. BJSanticipates that the proceduralinformation presented in this reportwill be used with the statisticalinformation about backgroundchecks to provide a more thoroughunderstanding of the scope andimpact of firearm transferregulations.

Survey methodology Informationfor this report was collected fromhundreds of Federal, State, andlocal agencies, including lawenforcement organizations,statistical analysis centers, andlegislative research bureaus. Descriptions of procedures andstatistical data were voluntarilyprovided by agencies participatingin the survey. Data analysis andsupplementary legal research wereprovided by the Regional JusticeInformation Service (REJIS), theorganization conducting the studypursuant to a cooperativeagreement with BJS.

To ensure the accuracy of theinformation as of June 30, 2004, adraft of each State’s summary wassent to the agency designated bythe State for review and comment. The final version of each summary,as contained in this report, wasreviewed and approved by a Statecontact.

Consistent with privacy protectionprocedures followed by the FISTproject, the information collected forthis survey did not disclose theidentity of any individual involved ina firearm transaction. Additionally,the software provided to helpagencies submit statistical data toREJIS contains a purgingmechanism that destroys data inaccordance with applicable Federalor State law.

2 Survey of State Procedures Related to Firearm Sales, Midyear 2004

Initials and acronyms

ATF Bureau of Alcohol, Tobacco, Firearms andExplosives

BJS Bureau of Justice StatisticsCLEO Chief Law Enforcement OfficerDOJ Department of JusticeFBI Federal Bureau of InvestigationFFL Federal Firearms LicenseeGCA Gun Control ActIII Interstate Identification IndexNCHIP National Criminal History Improvement

ProgramNCIC National Crime Information CenterNICS National Instant Criminal Background

Check SystemPOC Point Of Contact

Glossary

Assault weapon A semiautomatic firearm with alarge-capacity magazine and special features commonto military weapons.

Antique firearm A firearm manufactured in or before1898 or a replica thereof, provided it is not designed forusing rimfire or conventional centerfire fixedammunition; or any muzzle loading rifle, shotgun orpistol, which is designed to use black powder, or ablack powder substitute, and which cannot use fixedammunition.

Curio or relic A firearm manufactured at least 50years prior to the current date or certified by the curatorof a municipal, State, or Federal museum, or thatderives a substantial part of its monetary value from thefact that it is novel, rare, bizarre, or associated withsome historical figure, period, or event.

Firearm Any weapon that is designed to or may readilybe converted to expel a projectile by the action of anexplosive.

Handgun A firearm that has a short stock and isdesigned to be held and fired by the use of a singlehand, such as a pistol or revolver.

Long gun A firearm with a barrel extended to around30 inches to improve accuracy and range, andcommonly with a shoulder butt, designed to be firedwith two hands, such as a rifle or shotgun.

Machine gun (automatic firearm) A firearm thatshoots, is designed to shoot, or can be readily restoredto shoot, automatically more than one bullet, withoutmanual reloading, by a single function of the trigger.

Pistol A weapon originally designed, made, andintended to fire a projectile from a barrel when held inone hand, and having a chamber as an integral part of,or permanently aligned with, the bore, and a short stockdesigned to be gripped by one hand and at an angle toand extending below the line of the bore.

Revolver A projectile weapon, of the pistol type,having a breech loading chambered cylinder soarranged that the cocking of the hammer or movementof the trigger rotates it and brings the next cartridge inline with the barrel for firing.

Rifle A weapon, designed, made, and intended to befired from the shoulder; and designed and made to usethe energy of an explosive in a fixed metallic cartridgeto fire only a single projectile through a rifled bore foreach single pull of the trigger.

Semi-automatic firearm A firearm that utilizes aportion of the energy of a firing cartridge to extract thefired cartridge case and chamber the next round, andwhich requires a separate pull of the trigger to fire eachcartridge.

Short-barreled rifle A rifle having one or more barrelsless than 16 inches in length, and any weapon madefrom a rifle, whether by alteration, modification, orotherwise, if such weapon, as modified, has an overalllength of less than 26 inches.

Short-barreled shotgun A shotgun having one ormore barrels less than 18 inches in length, and anyweapon made from a shotgun, whether altered ormodified, if such weapon has an overall length of lessthen 26 inches.

Shotgun A weapon designed, made, and intended tobe fired from the shoulder, and designed and made touse the energy of the explosive in a fixed shotgun shellto fire through a smooth bore either a number of ballshot or a single projectile for each pull of the trigger.

Unsafe handgun (“Saturday night special” or “junkgun”) A handgun with a barrel length under 4 inchesthat is easily concealable and not effective for sportingor self defense purposes due to its poor quality ofconstruction, inaccuracy, and lack of essential safetyfeatures.

Definitions are from or adapted from Federal and Statecodes. (A jurisdiction’s laws should be consulted for itsspecific definitions.)


Background

Federal prohibitions The GunControl Act (GCA), 18 U.S.C.922(d), prohibits the transfer of anyfirearm to any person who --

* is under indictment for or hasbeen convicted of a crimepunishable by imprisonment formore than one year;* is a fugitive from justice;* is an unlawful user of or addictedto any controlled substance;* has been adjudicated as a mentaldefective or committed to a mentalinstitution;* is an alien unlawfully in the U.S. oradmitted under a nonimmigrantvisa;* was discharged from the armedforces under dishonorableconditions;* has renounced U.S. citizenship;* is subject to a court orderrestraining him or her fromharassing, stalking, or threateningan intimate partner or child; or * has been convicted in any court ofa misdemeanor crime of domesticviolence.

In addition, it is unlawful for aFederal Firearms Licensee (FFL) totransfer a long gun to a person lessthan 18 years of age or a handgunto a person less than 21 years ofage. It is unlawful, with limitedexceptions, for any person totransfer a handgun to a juvenile(under 18). (18 U.S.C. 922(b), (x)).

Brady interim system In 1993,the Brady Handgun ViolencePrevention Act (Brady Act)amended the Gun Control Act toprovide a method for blockingtransfers to prohibited persons. From February 28, 1994, untilNovember 30, 1998, the interimprovisions of the Brady Act, 18U.S.C. 922(s), required an FFL torequest a background check on aprospective handgun purchaser bythe Chief Law Enforcement Officer

(CLEO) of the jurisdiction where thelicensee operated. A handguncould be transferred if a denial wasnot transmitted within five days bythe CLEO. The interim provisionsallowed States with prohibitorystatutes comparable to Federal lawto utilize handgun purchase permitsand other alternative procedures.

National Instant CriminalBackground Check System Thepermanent provisions of the BradyAct, 18 U.S.C. 922(t), requiredestablishment of the NationalInstant Criminal Background CheckSystem (NICS) by November 30,1998. The U.S. Department ofJustice, with the States, developedthe system during the 57-monthinterim period.

The NICS allows a licensee tocontact the system by telephone orother electronic means forinformation, to be suppliedimmediately, on whether receipt ofa firearm by a transferee wouldviolate Federal or State law. Inaddition to regulation of handgunsales, the permanent provisionsmandate background checks onlong gun purchasers and personswho redeem a pawned firearm. Alicensee has the option ofrequesting a check on a personwho attempts to pawn a firearm.

A NICS check by a dealer is notrequired if a transferee presents aState permit qualified by the Bureauof Alcohol, Tobacco, Firearms, andExplosives (ATF) as an alternativeto the point-of-transfer check. Qualifying permits are those which:

1) allow a transferee to possess,acquire, or carry a firearm, and 2) were issued not more than fiveyears earlier by the State in whichthe transfer is to take place, afterverification by an authorizedgovernment official that possessionof a firearm by the transferee wouldnot be a violation of law.

A permit issued after November 30,1998 qualifies as an alternative onlyif the information available to theState authority includes the NICS. As of June 30, 2004, 19 Statesauthorized permits that exemptedthe holder from a NICS check(table 8).

Prior to initiating a NICS check, alicensee must receive a completedFirearm Transaction Record (ATFForm 4473) and verify thetransferee's identity through a photoidentification issued by agovernment agency. A transfereemay also be required to complete aState disclosure form. Submittingfalse information in regard to afirearm transaction may subject atransferee to arrest and prosecutionunder Federal law and many Statestatutes.

A licensee initiates a NICS checkby contacting either the FBI or apoint of contact (POC) agencydesignated by State government. Most inquiries are conducted bytelephone. The FBI providesInternet access to dealers througha program known as “e-check”. Computerized access is alsoavailable through some POCagencies. All NICS checks by theFBI are without charge; POC feesare determined by State law oragency regulations (see table 6).

The FBI and the POC agenciesalways check three major Federaldatabases, the National CrimeInformation Center (NCIC), theInterstate Identification Index (III),and the NICS Index. If thetransferee is not a citizen of theUnited States, the NICS will queryBureau of Immigration andCustoms Enforcement (ICE)records. A POC may checkadditional State records. A checkmay include contacting an agencythat maintains a record that the FBIor POC cannot access directly.


After a search of available records,the checking agency responds witha notice to the licensee that thetransfer may proceed, may notproceed, or is delayed pendingfurther review of the applicant'srecord. If further review of a recordindicates the transfer would notviolate Federal or State law, thechecking agency notifies thelicensee that the transfer mayproceed. If the licensee does notreceive a response within threebusiness days, the transfer mayproceed at the licensee’s discretion(known as a “default proceed”).

A new NICS rule requires that POCagencies notify the FBI of all deniedand open transactions, and anysubsequent changes to the statusof those transactions.

A person who is prohibited frompurchasing a firearm may requestthe reason for denial from the FBIor POC, which has five businessdays to respond. The applicantmay then submit information tocorrect the record on which thedenial was based and may berequired to contact the agencywhere the record originated. As analternative, the applicant'schallenge to the record may bedirected to the FBI, which willcontact the denying agency or thesource of the record. A person whois denied by a POC may also haveappeal rights pursuant to State law.

NICS denial data is electronicallytransmitted by the FBI on a dailybasis to ATF’s Brady Office, whichscreens the data and referspotential violations to ATF fieldoffices. ATF is also informed whenthe FBI discovers that a firearmwas transferred to a prohibitedperson after a default proceed. AnATF investigation may result inretrieval of the firearm or a transferback to the dealer.

In addition to background checksrelated to firearm transfers, theNICS Index may be accessed forinformation related to a permit or

license for explosives, or inresponse to ATF inquiries regardingenforcement of Federal firearmslaws.

State involvement in firearmtransfer regulation Each Statedetermines the extent of itsparticipation in the NICS process. Three basic forms of Stateinvolvement currently exist:

1) a POC requests a NICS checkon all firearm transfers originating inthe State;2) a POC requests a NICS checkon all handgun transfers; licenseesin the State are required to contactthe FBI for approval of long guntransfers; or3) the State does not maintain apoint of contact; licensees arerequired to contact the FBI for NICSchecks on all firearm transfersoriginating in the State.

The only change in State NICSparticipation during the survey yearwas that the FBI assumedresponsibility for Indiana handgunchecks on October 1, 2003. As ofJune 30, 2004, handgun transferchecks are conducted by the FBIfor 27 States and by POC agenciesfor 23 States; long gun transferchecks are conducted by the FBIfor 36 States and by POC agenciesfor 14 States (table 8). In a fewStates, the FBI conducts the NICScheck on certain pawn transactionsinstead of the POC.

Most States have designated asingle agency with statewidejurisdiction as their NICS point ofcontact. Some States havemultiple points of contact, which areusually county sheriffs or municipalpolice departments. Localagencies access the NICS througha State interface.

In addition to transfer checks, POCagencies may also conduct NICSchecks on persons who apply for aState permit required to receive afirearm. Agencies that issue ATF-qualified permits usually request a

check by sending information (suchas fingerprints) to the FBI.

The NICS process does notautomatically supplant State firearmtransfer regulations. Statebackground check and permitstatutes that existed before theeffective date of the NICS remain inforce unless repealed by legislativeaction or allowed to expire. Thebackground check requirements ofthe Brady Act are the prevailingminimum nationwide. Some Stateshave enacted additionalrequirements.

Most background checks requiredby State laws are conducted byagencies that also serve as NICSpoints of contact. However,purchasers in seven States arerequired to undergo two checksconducted by different agencies(table 5). If agencies that conductchecks under State law are unableto access the NICS, licensees inthat State are required to contactthe FBI for approval of transfers. Thus, prospective transferees insome States are required toundergo a permit or sale check by aState agency and a NICS check bythe FBI.

Sources of additionalinformation NICS regulationshave been promulgated by the FBI(28 Code of Federal Regulations(CFR) 25) and ATF (27 CFR 478). Internet sites for State agenciesthat provide information aboutfirearm laws are listed in theAppendix. Further information onFederal law and BJS-relatedpublications is available from thefollowing sites:

ATF: <http://www.atf.gov/firearms/index.htm>FBI: <http://www.fbi.gov/hq/cjisd/nics/index.htm>BJS: <http://www.ojp.usdoj.gov/bjs/guns.htm>


Firearm sales topics

Prohibited persons

The categories of prohibitedpersons in the Federal Gun ControlAct (GCA) are the prevailingminimum nationwide. (SeeBackground.) Firearm transfer toor possession by such persons isunlawful. State statutes mayinclude additional or morerestrictive prohibitions. Theseprohibitory laws are intended toprevent firearm possession orpurchase by persons believed to beincapable of handling a weapon ina safe and legal manner. In somecases, Federal and State lawsallow a prohibited person to regainfirearm rights.

The most common categories ofprohibited persons are describedbelow. The number of States thathave enacted each type ofprohibition is listed in parentheses(also see table 2).

Felons (49 States) -- Generally, afelony is an offense that carries apenalty of incarceration for morethan one year. The GCA prohibitsa person who is under indictmentfor or has been convicted of acrime punishable by imprisonmentfor more than one year. A crime isnot within this prohibition if it is anoffense related to the regulation ofbusiness practices or a Stateoffense classified as amisdemeanor and punishable byimprisonment of two years or less. A conviction is not prohibitory if itwas expunged or set aside, or if theoffender was pardoned or had civilrights restored. See 18 U.S.C.921(a)(20).

Although statutory definitions varywidely, the laws of 49 Statesprohibit firearm purchase orpossession by at least somecategories of felons. Somestatutes disqualify all convictedfelons from firearm possession. Other statutes disqualify persons

who committed specific felonies,which may be enumerated in thestatute or categorized by termssuch as "crimes of violence,""serious offenses," or "firearm offenses." Many statutes extendpurchase or possession restrictionsto persons convicted of a felony or asimilar offense in other jurisdictions. Only Vermont lacks a statute thatbars firearm possession by aconvicted felon.

Federal relief from firearmdisabilities may be obtained througha presidential pardon or an ATFdecision. Nearly all States allowfirearm rights to be regained by apardon or restoration of civil rights,or by expungement or set aside of aconviction. (See Jurisdictionalsummaries.) Restoration of Statefirearm rights may be obtained fromthe governor or through a courtorder, an administrative proceeding,or the passage of a certain numberof years after conviction ordischarge from a sentence withoutfurther violations.

Many States require several stepsbefore rights are restored. Forexample, a person who obtained apardon or has not committed a newoffense for a specified number ofyears may be required to petition acourt for an order that restoresfirearm rights. The method ofrestoration may depend on the typeof offense that was committed. Insome States, certain offenders cannever regain the right to possess afirearm.

State relief from firearm disabilitiesdoes not automatically restore rightsunder Federal law or in anotherState. A State proceeding that doesnot fully restore the rights topossess or receive firearms isinsufficient to remove a Federaldisability (27 CFR 478.142).

In addition to restricting the rights ofconvicted felons, 12 States prohibitfirearm purchase or possession byat least some persons who havebeen charged with a felony.

Colorado and Florida extend theprohibition to persons who havebeen arrested for certaindisqualifying offenses. Firearmrights are restored in these States ifan arrest or criminal charge doesnot result in a disqualifying guiltyplea or conviction.

Misdemeanor offenders (23States) -- Generally, amisdemeanor is a crime punishableby incarceration for less than oneyear. A few States have offensesdefined as misdemeanors that arepunishable by incarceration formore than one year. The types ofmisdemeanor-level offensesincluded in prohibitory statutes varywidely.

Federal law and a few State codesonly prohibit a misdemeanoroffender who has been convicted ofan act of domestic violence(generally, an assault against aspouse, an intimate partner, or achild). Several other States deny amisdemeanor offender who hasbeen convicted of any crime ofviolence or a firearm offense.

Requirements for misdemeanoroffenders to regain firearm rightsafter a conviction are generally lessstringent than those for felons. Afew States disqualify persons whohave been arrested for or chargedwith certain misdemeanors.

Fugitives (13 States) -- The GCA,at 18 U.S.C. 921 (a)(15), defines"fugitive from justice" as any personwho has fled from any State toavoid prosecution for a crime or toavoid giving testimony in a criminalproceeding. Most States apply asimilar definition and some limit theprohibition to persons who arewanted for certain types ofoffenses.

Mentally ill (34 States) -- The GCAprohibits firearm possession by aperson who has been adjudicatedas a mental defective or committedto a mental institution. Only an ATF


ruling may grant relief from thisprohibition.

The definition of “adjudicated as amental defective” (27 CFR 478.11)includes a person who is found by acourt or other authority to be adanger to himself or others, unableto manage his own affairs, insanein a criminal case, incompetent tostand trial, or not guilty by lack ofmental responsibility. “Committedto a mental institution” includes aninvoluntary commitment by a courtor other authority, but does notinclude a voluntary admission.

State definitions of disqualifyingmental illness are generally similarto the Federal definition although avariety of terminology is used. Some States list specific courtorders that will cause a mentalillness prohibition. A person who isprohibited may be able to regainfirearm rights if a certain number ofyears have elapsed after dischargefrom a mental institution, or ifdocumentation from a mentalhealth professional demonstratesthat the person’s condition hasstabilized.

Subject to a restraining order (20States) -- A person prohibited underthis category is usually subject to acourt order (entitled restrainingorder, protection order, injunctionetc.) intended to prevent domesticviolence. The applicable orderscommonly restrain the subject fromcontacting or harming a spouse,former spouse, child, domesticpartner, or other intimately relatedperson. A prohibitory order mayalso restrain other types of unlawfulconduct such as the intimidation ofa witness in a criminal case.

In a few States, the prohibitionattaches if the order specificallybars the subject from possessingfirearms. A statute may providethat the order becomes prohibitorywhen it is issued after a hearingwith the subject present (instead ofex parte) or entered into a lawenforcement information network.

The prohibition will be in effect forthe duration of the order, which maybe temporary.

Drug or alcohol abusers andoffenders (drug - 30 States; alcohol- 20 States) -- Many States prohibitpersons convicted of drug sale orpossession offenses, either througha statute that lists a variety ofdisqualifying offenses or by way of aseparate statute. A few statutesdisqualify persons who committedoffenses involving alcohol, such asdriving while intoxicated. Generally,drug and alcohol offenders mayregain firearm rights in the samemanner as other prohibitedoffenders.

Another common prohibitioninvolves persons addicted to drugsor alcohol, who are described byterms such as "addicted to acontrolled substance," "habituallyintoxicated," or "chronic alcoholic." In several States, a firearm cannotbe transferred to or possessed by aperson who is intoxicated.

Minors (49 States) -- The firearmrights of minors are often restrictedsolely on the basis of age. Statelaws include prohibitions onpurchase or possession of firearmsby minors, and prohibitions ontransfer of firearms to minors. Some of these laws predate theenactment of federal minimum agesfor possession and purchase offirearms. Limitations based on ageapply to handguns in 49 States andto long guns in 38 States.

The minimum age for unrestrictedpurchase and possession of ahandgun by a minor is usually 18(28 States) or 21 (17 States). Theminimum age for unrestrictedpurchase and possession of a longgun by a minor is usually 18 (31States), with other minimum agesranging from 12 to 21. (See table3.) In Rhode Island, a person under18 years of age must have a permitto participate in legal firearmactivities.

The laws provide for numerousexceptions to prohibitions basedsolely upon age. Generally,possession of a firearm ispermissible when a minor isengaged in educational orrecreational activities under thesupervision of a parent, guardian,or certified firearms instructor.

Juvenile offenders (27 States) --Statutes in this category prohibitpersons who were adjudicateddelinquent or committed an act as ajuvenile that would have been adisqualifying offense if committedby an adult. A juvenile offender'saccess to all firearms is restricted in23 States, and access to handgunsis restricted in 4 additional States(table 3). The prohibitions usuallycontinue into early adulthood oruntil the person regains firearmrights through a pardon, courtorder, or other process. In severalStates, persons who committedjuvenile offenses must follow thesame restoration of rightsprocedures available to adultoffenders.

Aliens (14 States) -- The GunControl Act prohibits transfer of afirearm to a person who hasentered the United States illegallyor has been admitted under anonimmigrant visa. Pursuant to theImmigration and Nationality Act, anonimmigrant visa may be issuedto an alien who is allowed to resideor travel in the United Statestemporarily. See 8 U.S.C.1101(a)(15), (26). Certain aliensadmitted under a nonimmigrant visaare exempt from the firearmrestrictions. 18 U.S.C. 922(y)(2).

Among the States, Massachusettsprohibits issuance of a license tocarry or a firearm identification cardto an alien; Hawaii (with exceptions)and Missouri require a purchasepermit applicant to be a UnitedStates citizen. A person who is nota United States citizen or lawfullyadmitted for permanent residencecannot possess an assault firearmin Virginia. In 10 other States,


firearm purchase or possession byan illegal alien is prohibited. Hawaii, Massachusetts, andWashington allow certain aliens toapply for a permit to possess afirearm.

Other restrictions Additionalcategories of prohibited personsare defined in State statutes,including persons who have failedto complete a firearm safetycourse, or renounced theircitizenship, or were dishonorablydischarged from military service. Inaddition, several States penalize a“straw purchase,” an attempt to buya firearm on behalf of a knownprohibited person. (SeeJurisdictional summaries fordetails.)

Between July 1, 2003 and June 30,2004, eleven States expanded thecategories of persons who areprohibited from purchasing orpossessing firearms. Four of theseStates enacted amendments thatexpanded the scope of protectiveorders. Two States enacted newlegislation regarding restoration offirearm rights. (See table 12.)

Prohibitory records

Record systems are necessary toidentify persons who are ineligibleto receive and possess a firearm. Prohibitory records are maintainedby Federal, State, and localagencies, and may becomputerized or on paper. Theserecords may be in a database thatis used for a variety of lawenforcement purposes or in aspecialized database that is usedonly for background checks onfirearm purchase or permitapplicants. The most commontypes of prohibitory records aresummarized below.

Criminal history All Statesmaintain a central repository withcriminal history records thatinclude, at a minimum, felony

arrests and dispositions. The firstentry for a subject is normally anarrest record supported byfingerprints. Subsequentdispositions that may be recordedinclude dismissals of charges, guiltypleas, convictions, acquittals,admissions to and discharges fromcorrectional facilities, and probationand parole events. Criminal historyrepositories also recordmodifications such as anexpungement or a set aside of aconviction, a pardon, or arestoration of civil rights. Agenciesthat submit records to therepositories include police andsheriffs’ departments, courts,prosecutors, jails, and prisons.

State criminal record systems differin regard to procedures, the extentof automation, and thecompleteness and accessibility ofthe data. Forty-nine States hadautomated at least some criminalhistory records by December 31,2001. See Survey of State CriminalHistory Information Systems, 2001,August 2003, NCJ 200343.

Domestic violencemisdemeanors Forty-five Statesand the District of Columbia areable to distinguish between felonyand misdemeanor records in thecentral repository (ImprovingCriminal History Records forBackground Checks, May 2003,<www.ojp.usdoj.gov/bjs/abstract/ichrbc.htm>). Because Federal lawprohibits a transfer of a firearm to aperson who was convicted of adomestic violence misdemeanor, allStates need to identify suchconvictions in their criminal records. However, a conviction that resultsfrom a domestic violence incident isonly prohibitory if it falls within thespecific definition found at 18U.S.C. 921(a)(33). In addition, aState prohibition may be triggeredby a domestic violence offense witha definition that differs from Federallaw.

Domestic violence misdemeanorconvictions may be identified fromcriminal history records in 44 States(table 10). These convictions mustbe distinguished in the records frommisdemeanors that are notprohibitory. Most States identifyprohibitory convictions by use of a“flag,” a record entry that denotesthe offense as being the result of adomestic violence incident. A fewStates have criminal laws that applyonly in domestic incidents, withconvictions pursuant to these lawsidentified in the records by anoffense code.

If a central repository record doesnot clearly indicate that amisdemeanor conviction resultedfrom domestic violence, a checkingagency may obtain furtherinformation from the court thatsubmitted the record. For example,court records may disclose therelationship of the victim and theperpetrator.

Restraining orders An order thatrestrains acts of domestic violenceor other unlawful conduct is issuedby a judge and usually entered bycourt or law enforcement personnelinto a State system or NCIC orboth. Forty-three States utilize acentralized court administrative fileor a statewide law enforcementnetwork to record orders. Maintenance of a registry includesprocedures to remove orders thathave expired.

Federal law requires each State toaccord full faith and credit to aprotection order issued by a courtof another State if certainconditions are met.

The NCIC protection order filereceives entries that meet Federalcriteria from 45 States, including 6States that do not have their ownregistry of orders. (See table 10.) Virginia and West Virginia begansending protection orders to NCICin January 2004.


Mental illness Federal and Stateprohibitions encompass a variety ofcivil court orders, including acommitment to a mental hospitaland a finding that a person isincompetent to manage his or heraffairs. A prohibition may also becaused by a disposition in acriminal prosecution, such as afinding of incompetence to standtrial or a verdict of not guilty byreason of insanity.

A criminal case disposition isusually reported by the trial court tothe State’s central recordsrepository. Civil commitmentrecords are often protected fromdisclosure by privacy laws. However, some States haveenacted laws (cited in appendix A)that allow such records to be usedfor determining whether anindividual is eligible to purchase afirearm or receive a permit.

Twenty-two States have a databasecontaining prohibitory mental illnessrecords that are submitted bycourts or treatment facilities. Twoother States are developing adatabase. The records aremaintained by a statewide checkingagency or a mental healthdepartment. A variety ofdispositions are recorded in thesedatabases, with mental hospitalcommitments being the mostcommon.

In addition, 23 States reported thatprohibitory mental illnessdispositions may be found withinthe central repository’s criminalhistory records. Insanity andincompetent to stand trial findingsare the most prevalent dispositionsin State criminal records. In a fewStates, an agency conducting abackground check may obtain datadirectly from a local court or mentalhealth facility. (See table 11.)

Between July 1, 2003 and June 30,2004, Alabama and Ohio enactedlaws that require courts to transmitinvoluntary commitment records toa State agency for use in firearm

background checks (table 12). Virginia began sending mentalhealth records to the NICS on areal-time basis in December 2003. Tennessee’s checking agencybegan receiving court dispositionsin June 2004.

Other State records Centralizeddata on fugitives from justice ismaintained by 46 States and 21States have records on juvenileoffenders or persons who wereadjudicated delinquent (table 11). Several States have specializeddata, such as a file that is used toenforce a purchase limit of onehandgun per month.

Federal databases The Federalsystem for background checks onfirearm applicants primarily dependson three databases administered bythe FBI: the National CrimeInformation Center (NCIC), theInterstate Identification Index (III),and the NICS Index. Checkingagencies normally access NCICand III, and NICS point of contactagencies also access the NICSIndex. If the transferee is not acitizen of the United States, theNICS will query records of theBureau of Immigration and CustomsEnforcement (ICE).

NCIC contains supervised release,federal prisoner, protection order,deported felon, wanted person,violent gang, terrorist, and sexualoffender files. The III is a nationalsystem which points to States with acriminal history record on anindividual. The NICS Indexcontains records of personsprohibited by Federal law fromreceiving a firearm and is dividedinto controlled substance, mentaldefective, illegal alien, dishonorabledischarge, renunciation ofcitizenship, and denied person files. Alien registrations and admissionsand other records are contained inseveral databases managed byICE.

Federal, State, and local agenciessupply information to NCIC and the

NICS Index pursuant to law or on avoluntary basis.

Impediments to record checks The absence of flags, missingdispositions, insufficient details onrelationships between victims andoffenders, and other incompleterecords issues are the mostcommon impediments to identifyingdomestic violence misdemeanorconvictions in State databases. Incomplete records are also themost common difficultyencountered by statewiderestraining order repositories,mainly because of courts’ inabilityto provide all necessary informationto the repositories.

Checking agencies’ ability toretrieve complete and accuratemental illness data is significantlyaffected by the absence ofinterfaces between mental healthdatabases and criminal historyrepositories, the lack of biometricidentifiers in the records,incomplete automation of recordsystems, and privacy laws.

Record improvements Staterepositories held over 64 millioncriminal history records at yearend2001, and about 90% of the recordswere automated. About 75% of theautomated records were accessiblefor firearm background checks. From 1995 to 2001, the number ofcriminal history records grew 29%nationwide, the number ofautomated records increased 35%,and the number of recordsavailable for sharing through IIIclimbed 75%. During the sameperiod, prohibitory records that donot involve felonies have becomemore widely accessible. (ImprovingCriminal History Records forBackground Checks, May 2003,<www.ojp.usdoj.gov/bjs/abstract/ichrbc.htm>.)

Types of firearms

A typical definition of a firearm is"any weapon which will or is


designed to or may readily beconverted to expel a projectile bythe action of an explosive." 44 U.S.C. 921(a)(3). Firearms cangenerally be divided into two majorcategories, handguns and longguns. A handgun is a weapon thatcan be held or fired with one hand,such as a pistol or revolver. A longgun is a weapon that requires twohands to hold or fire, such as a rifleor shotgun. (Also see Glossary offirearm terms for definitions.) Statecodes sometimes divide firearmsinto categories based upon thelength of the barrel.

The sale and possession ofhandguns is extensively regulatedbecause a handgun can be easilyconcealed upon a person and iscarried during the overwhelmingmajority of crimes committed whilethe offender is in possession of afirearm. A survey of inmates whocarried a firearm while committing acrime found that 83% of Stateinmates and 87% of Federalinmates possessed a handgunduring their offense (Firearm Useby Offenders, November 2001,NCJ 189369). Long guns are usedmuch less frequently in crime andare subject to less extensiveregulation than handguns.

Certain types of firearms areregulated because they aredeemed by legislators to beinappropriate for self-defense orsporting purposes. The sale andpossession of assault weapons,machine guns, short-barreled(“sawed-off”) rifles and shotguns,and unsafe handguns is oftenprohibited or allowed only in limitedcircumstances. Federal law andthe laws of 43 States prohibit,severely restrict, or requireregistration for at least one type of firearm. (See table 7.)

Exceptions to restrictions on certaintypes of weapons are often allowedfor law enforcement officers andfirearm collectors.

An assault weapon may be ahandgun or long gun, but isdistinguished by the presence ofspecial features common to militaryweapons (see for example thedefinition given in 18 U.S.C.921(a)(30)). The most commonfeatures of an assault weapon are asemiautomatic firing mechanismwhich allows a shot to be fired witheach pull of the trigger withoutreloading, and a large-capacitymagazine that holds numerousrounds of ammunition.

Federal law, at 18 U.S.C. 922(v),provides that it shall be unlawful fora person to transfer or possess asemiautomatic assault weapon,unless the firearm was lawfullypossessed before September 13,1994. In addition, nine Statesregulate assault weapons. Somejurisdictions publish a list of makesand models that are banned orrestricted.

A machine gun (automatic firearm)will automatically fire more than onebullet, without manual reloading, bya single function of the trigger. Likeassault weapons, machine guns aredesigned to rapidly fire a highvolume of ammunition. Federallaw, 18 U.S.C. 922(o), provides thatit shall be unlawful for a person totransfer or possess a machine gun,unless it was lawfully possessedbefore May 19, 1986. In addition,thirty-nine States regulate machineguns.

A short-barreled rifle has one ormore barrels less than 16 inches inlength or has an overall length ofless than 26 inches due tomodification. A short-barreledshotgun has one or more barrelsless than 18 inches in length or hasan overall length of less than 26inches due to modification. Short-barreled rifles and shotguns (andmachine guns) must be registeredpursuant to Federal law, 26 U.S.C.5841. Thirty-three States regulateshort-barreled rifles and 40 Statesregulate short-barreled shotguns.

An unsafe handgun (“Saturdaynight special” or “junk gun”) has abarrel length under 4 inches, iseasily concealable, and is noteffective for sporting or self defensepurposes due to its poor quality ofconstruction, inaccuracy, and lackof essential safety features. SevenStates forbid sales of handgunmodels that are determined to beunsafe. The quality of a handgun’sconstruction is determined by itsmelting point or by technicalstandards found in State codes.

Other weapons that may beprohibited include zip guns andfirearms that are made for silentdischarge or that cannot bedetected by airport security devices.

The primary focus of this report isupon regulation of transfersinvolving handguns, long guns, andassault weapons. Methods ofregulating various types of firearmsare described in Regulated salesand Approval systems. Types offirearms that are exempt fromregulation in many jurisdictions aregenerally not discussed in thisreport. These types includeantique, curio, and replica firearms,and weapons that have beenrendered permanently inoperable.

Terms such as firearm, handgun,long gun, and assault weapon, asdefined above, are generally usedthroughout this report to facilitatecomparisons between the laws andprocedures of the jurisdictionssummarized. However, terms anddefinitions used in firearm codesvary considerably by jurisdiction. For the sake of clarity, a few of thesummaries use terms anddefinitions specific to a particularjurisdiction. Readers are advised toconsult a jurisdiction's laws for acomplete understanding of itsterminology. (Citations are includedin the jurisdictional summaries,table 3, and appendix A.)


Regulated sales

Firearms are sold either by dealerslicensed under Federal and Statelaws or by unlicensed persons(private sales). Most sales occur atthe business premises of licenseddealers or at gun shows, which mayinclude licensed and unlicensedsellers. In addition to sales andgifts, firearms can be transferred inpawn transactions, where aweapon is pledged as collateral fora loan and redeemed when theloan is repaid. Redemptions ofpawned firearms are oftenregulated in the same manner assales under State law.

Statutes that require prospectivepurchasers to obtain a permit orundergo a background checkusually allow exemptions for certaintypes of persons or transactions. Common exemptions are those forpurchases by law enforcementofficers, transfers of antique andreplica firearms, and gifts or loansof firearms from parents orguardians to minor children.

Dealer transfers The Brady Actrequires a Federal FirearmsLicensee (FFL) to request a NICScheck on all persons who purchasea firearm or redeem a pawnedfirearm (see Background).

In addition to the Federal system,30 States require licensed dealersto request a background check orreview a prospective buyer’s permit(table 4). Of these States, 19regulate dealer transfers of all typesof firearms, 2 regulate dealertransfers of handguns and assaultweapons, and 9 regulate onlyhandgun transfers by dealers.

Several States regulateredemptions of pawned firearms inthe same manner as sales — bylicensing pawnbrokers andrequiring background checks onredemptions. The pawning of anyfirearm is prohibited in New Jersey,while five other States ban thepawning of handguns (table 8).

Private sales The laws of 17States regulate at least some privatesales by requiring that purchasersobtain a permit or undergo abackground check before receivinga firearm. Of these States, tenregulate private transfers of all typesof firearms, one regulates privatetransfers of handguns and assaultweapons, and six regulate onlyhandgun transfers. (See table 4.)

Fifteen States regulate all privatesales. Colorado and Oregon onlyregulate private sales that occur atgun shows. Delaware, Nevada, andOregon allow unregulated privatesellers the option of requesting acheck on a purchaser.

Gun shows Seven States havestatutes that specifically regulategun shows. Most of these statutesdefine a gun show as an eventwhere a certain number of firearmsare exhibited for transfer (forexample, 25 or more in Coloradoand Oregon; 50 or more inConnecticut; 25 or more pistols orrevolvers or 50 or more firearms,rifles, or shotguns in New York). Some laws also define a gun showaccording to the number of vendorswho are exhibiting firearms fortransfer.

Gun show regulations affectorganizers, vendors, andpurchasers. For example, Californiarequires a show organizer to obtaina certificate of eligibility from theDepartment of Justice, provide locallaw enforcement with a list of theshow's sellers, and exclude minorsunless they are accompanied at alltimes by a parent or guardian. Colorado, Connecticut, New York,and Oregon require vendors torequest an instant check on everyunlicensed person who attempts tomake a purchase. Colorado andNew York require a show organizerto secure the presence of at leastone licensed dealer to process thebackground checks. In Connecticutand Oregon, any seller can contactthe State checking agency directly. Maryland requires that unlicensed

gun show sellers obtain atemporary transfer permit from theState, have a fixed display, andcomply with all restrictions imposedupon dealer transfers. Virginiarequires that any person who sellsfirearms at a gun show mustsubmit to a background check andobtain a seller identification numberfrom the State Police.

Residency rules The Gun ControlAct generally prohibits interstatetransfers of firearms betweenunlicensed persons (18 U.S.C.922(a)(5)), a prohibition intended tochannel interstate transfers throughlicensed dealers who are subject toscrutiny by ATF. A licensed dealergenerally cannot transfer a firearmother than a rifle or shotgun to anunlicensed person who does notreside in the State where thelicensee’s place of business islocated. A rifle or shotgun may betransferred in person by a dealer toa nonresident if the transfercomplies with the laws of the Statewhere the dealer’s place ofbusiness is located and the Statewhere the purchaser resides. (18U.S.C. 922(b)(3).)

To ensure compliance with Federallaw, many States have passedstatutes that allow nonresidents topurchase long guns. Three States(Maryland, Missouri, and Virginia)require fixed periods of residency,ranging from 1 to 6 months, beforea person can purchase certainfirearms. Residency rules areintended to prevent nonresidentsfrom purchasing and resellingfirearms that they could not obtainin their home State.

A State POC may opt to receivenotification from NICS when aresident of their State attempts topurchase a rifle or shotgun inanother jurisdiction (known as “longgun notification.”) The POC agencymay have access to a record onthe prospective purchaser that isnot available to the checkingagency in the other jurisdiction.


Handgun purchase limits Thereare no Federal restrictions on thefrequency of firearm acquisition oron the quantity of firearms that canbe acquired. However, a handgunpurchase limit of one per monthprevails in California, Maryland, andVirginia. (South Carolina repealed asimilar law in 2004.) These limitsare intended to deter persons whowould purchase large quantities ofhandguns for resale to prohibitedpersons.

Approval systems

Over 3,000 State and localagencies are required by law todetermine the eligibility of personswho apply to receive a firearm or apermit that can be used for apurchase. Systems for determiningthe legal eligibility of prospectivepurchasers may generally beclassified as "instant approval,""purchase permit," “exempt carrypermit,” or "other approval"systems.

Of the 29 States that require abackground check or a permit, 16have instant approval, 12 utilizepurchase permits, and 5 maintainother approval systems (table 5). Connecticut, Illinois, and NewJersey are each counted twicebecause these States operatepermit and instant approvalsystems. Minnesota allows purchasers the options of obtaininga 1-year permit or undergoing abackground check for a singlepurchase transaction (the “otherapproval” process).

Exempt carry permits, issued in 19States (appendix B), are notrequired for purchase but may beused to exempt the holder from abackground check at the point ofsale.

Instant approval This type ofsystem allows a licensed firearmsdealer to contact a checkingagency by telephone or otherelectronic means and receive a

response immediately, or as soonas possible without delay, as towhether a prospective purchaser isineligible under law. Four instantapproval systems, Colorado,Connecticut, Oregon, andPennsylvania require at least someunlicensed sellers to request acheck from a statewide agency. Unlicensed sellers either contact thechecking agency directly or requesta check through a licensed dealer ora police station.

All State instant approval systemsfunction as NICS points of contactexcept for the Delaware system.(See Background.) These systemsallow a firearm transfer to proceedas soon as the checking agencyinforms the seller that nodisqualifying record was found onthe purchaser, unless the applicableState law requires a waiting period.(See Waiting periods.) Pursuant tothe Brady Act or a State law, mostinstant approval systems allow threedays for a checking agency toconduct a background investigationand reach a decision on anapplicant’s eligibility. A transfer isusually allowed to proceed if theseller has not received a responsefrom the checking agency by theend of the applicable period.

Purchase permits Thesedocuments are issued by agovernment agency after abackground check and must bepresented to a seller in order toreceive a firearm. (The requireddocuments have a variety of titles,such as license or identificationcard, but all are referred to below as"permits.") The time period that achecking agency is allowed toinvestigate a permit applicant rangesfrom 2 days in Nebraska to 180 daysin New York. Most purchase permitsystems allow a checking agency 7to 30 days to approve or deny anapplication. A few States mandate awaiting period after a permitapplication is filed and before thepermit can be issued or a firearmcan be acquired.

Federal law does not mandate apermit to purchase firearms. Twelve States administer purchasepermit systems that regulate salesof handguns. Four of these Statesalso require a permit to purchase along gun. Minnesota’s permit isrequired for purchase of a handgunor an assault weapon.

In addition to the handgun and longgun permits, New Jersey, NorthCarolina, Ohio, and South Carolinarequire special permits in order topurchase or possess certain typesof firearms (such as machine guns)that are generally prohibited. (SeeJurisdictional summaries.)

The handgun and long gunpurchase permits vary according tothe duration of a permit and thenumber of firearms that can bepurchased at one time or during thetenure of a permit. Most handgunpermits have a duration of between10 days and 1 year, with a fewremaining in effect for a longerduration. Long gun permitsgenerally remain effective for alonger period than handgunpermits. New Jersey'sidentification card for long gunsremains in effect until revoked for aviolation of law; among the otherthree States with long gun permits,the duration ranges from 1 to 5years.

Generally, permits with a lengthyduration may be revoked by theissuing agency if the holder isconvicted of a crime or otherwisebecomes ineligible to possess afirearm.

The number of handguns that canbe purchased by one person issometimes limited by a Statepermit. In seven States, only onehandgun can be purchased with apermit. Six of these Statesmandate a new permit for a secondhandgun, while New York requiresan amendment to the purchaser'shandgun license. Five States allowunlimited handgun purchasesduring the effective period of a


permit. Unlimited purchases ofrifles and shotguns are allowed inthe four States that issue long gunpermits.

In six States, holders of purchasepermits must undergo anotherbackground check before receivinga firearm from a licensed dealer. Connecticut and Illinois mandatethe additional check by statute; inMassachusetts, Minnesota,Missouri, and New Jersey,purchasers must undergo a NICScheck requested by a dealerbecause their purchase permitshave not been qualified by ATF asan alternative to the NICSrequirements. (See Background.)

Exempt carry permits Thesedocuments primarily allow holdersto carry a concealed firearm, butalso may be used as purchasepermits. A carry permit is exemptpursuant to Federal law if ATFdetermines that the permit meetsthe requirements of the Brady Act. Some carry permits can be used toexempt the holder from abackground check required byState law. In addition, a few Statesexempt certain permit holders fromwaiting period requirements.

Overall, 44 States require aconcealed firearm permit, includingthree States that enacted new lawsbetween July 1, 2003, and June 30,2004. Four States generallyprohibit carrying a concealedfirearm. A firearm may be carriedwithout a permit in Vermont andAlaska. (An Alaska concealedhandgun permit may still beobtained in order to purchasefirearms without a new backgroundcheck or receive reciprocity fromanother State.)

Exempt carry permits are issued in19 States. Some permits issuedbefore November 30, 1998, were"grandfathered" in as exempt fromthe NICS point-of-sale checkbecause they were qualified by ATFunder the interim Brady law. All of

the grandfathered permits expiredby November 30, 2003.

Agencies that issue exempt carrypermits usually have between 30and 120 days to approve or deny anapplication. States that authorizecarry permits are generallycategorized as having either a "shallissue" or a "discretionary" system. The former system mandatesissuance of a permit if no statutoryreason for denial is revealed duringa background check of theapplicant. The latter system allowsthe issuing officer to consider theapplicant's history, character, andintended purpose for carrying afirearm.

Most exempt carry permits are validfor four or five years. Generally, apermit may be revoked by theissuing agency if the holderbecomes ineligible to carry aconcealed firearm.

Other approval systems Thesesystems combine some of thecharacteristics found in instantcheck and permit systems. Generally sellers are required toconvey purchaser information to achecking agency by mail, telephone,or other electronic means. Three ofthe five other approval systemsrequire licensed dealers and privatesellers to request backgroundchecks. The California andMaryland systems function as NICSpoints of contact.

In other approval systems, thechecking agency is not required torespond immediately to the seller,but must respond within a waitingperiod or other statutory time limit. The applicable time periods for aresponse range from 7 to 10 days. These systems usually allow atransfer to proceed if the seller hasnot received a response from thechecking agency by the end of theapplicable period.

Checking delays Some approvalsystems allow an extension of thetime available to complete a

background check if specificcircumstances are present. Forexample, if an applicant's historyincludes a felony arrest without arecorded disposition, the checkingagency may be granted additionaltime to contact the agency thatoriginated the record and inquireabout the outcome of chargesagainst the applicant. (SeeChecking process.) In a fewStates, the checking agency isallowed more time to investigate anapplicant who resides in anotherjurisdiction.

Waiting periods

A waiting period is a length of timeafter a firearm purchase applicationis filed with a seller or a permitapplication is filed with a lawenforcement agency, which mustexpire before transfer of the firearmor issuance of the permit can becompleted. The length of time anapplicant must wait is sometimesreferred to as a "cooling-off" period,intended to deter persons whodesire a firearm immediately foruse in a specific misdeed. Anotherpurpose of a waiting period is toprovide sufficient time for lawenforcement agencies toinvestigate and resolve questionsabout an applicant's background,especially if searches of local ormanual records are necessary.However, mandatory waitingperiods should be distinguishedfrom time limits on inquiries by achecking agency into an applicant'sbackground. (See Approvalsystems.)

Twelve States require waitingperiods, which range in length from1 to 14 days. Of these States, 11require a waiting period forhandgun permits or purchases, 2include assault weapons, and 5include long guns within theirwaiting period regulations (table 5).

Exemptions from waiting periodshave been enacted in some Statesfor law enforcement officers,


holders of valid carry permits, orother specific classes of personswho have demonstrated the abilityto handle a firearm responsibly.

Several States mandate both awaiting period and a time limit oninquiries by a checking agency,which may or may not be the samelength of time. The Brady Actprovides 3 days for a checkingagency to respond to an inquiryfrom a licensed dealer, but doesnot mandate a waiting period forpurchasers. (See Background.)

Checking process

Development of the NICS hasincreased the national uniformity ofprocedures used to approve ordisapprove firearm transfers. However, approval systemsestablished by State laws stillemploy a variety of procedures todetermine the eligibility ofprospective purchasers. Theprocess for determining eligibilitymay be divided into three stages:application, background check, andpost-denial.

Application Federal and Statelaws require prospective firearmpurchasers to provide informationthat is needed to initiate abackground check. In order toreceive a firearm from a licenseddealer, federal law requiressubmission of a FirearmTransaction Record, ATF Form4473. The form requires thebuyer's full name, residenceaddress, place of birth, height,weight, gender, date of birth, race,State of residence, country ofcitizenship, and alien or admissionnumber. A Social Security Numberis optional.

A few instant approval systems onlyrequire information from the ATFform, but most require thecompletion of an additional form aswell. All purchase permit systemsrequire specific information fromapplicants except in North Carolina,

where the county sheriff is allowedto determine what information isnecessary. State laws vary widely inregard to the types of informationrequired from applicants.

Depending on the type of approvalsystem, checking agencies receiveapplicant information in person or bymail, telephone, or the Internet. Federal law, at 18 U.S.C. 922(a)(6),makes it unlawful to acquire orattempt to acquire a firearm bymaking a false statement orfurnishing false identification to alicensee. Twenty-eight States havesimilar laws. (See appendix A.) Attempting to obtain a firearm or apermit under false pretenses may begrounds for denial of an application,or subject the applicant to a fine orincarceration.

The laws of 23 States allow achecking agency to charge a fee forprocessing a sale transaction orissuing a purchase permit. (Seetable 6.) Seven States do notcharge a fee for a backgroundcheck that is related to a saletransaction. Fees charged at thepoint of sale (usually collected bydealers and remitted to the State)range from $2 in Illinois,Pennsylvania, and Virginia to $25 in Nevada.

Checking agencies in Michigan andMinnesota do not charge for apurchase permit. Hawaiianchecking agencies collect a fee fromfirst-time applicants but do notcharge for permit renewals. Feescharged for purchase permits rangefrom $5 in several States to $100 fora firearm identification card or alicense to carry in Massachusetts. Several States include a charge thatcovers fingerprint processing by theFBI. In some States, the checkingagency can adjust the amount of thefee or is given discretion as towhether any fee will be charged.

Background check Many agenciesthat issue purchase or exempt carrypermits initiate a check by sendingan applicant’s fingerprints to a State

unit or the FBI or both. The printsare compared against arresteerecords already on file. Instantcheck systems compare theapplicant’s name and otheridentifying information againstcomputerized prohibitory records. Generally, the automated agenciesconduct a single background checkthat incorporates Federal and Staterequirements for each transaction.

A background check may alsoinvolve obtaining a record that isnot available in a national orstatewide electronic database. Asheriff’s office or police departmentmay search county court files orother local records. If an electronicrecord is not complete, the agencythat created the original record maybe contacted to find out if it hasbeen updated.

The effectiveness of backgroundchecks is affected by the degree ofautomation involved, the types ofprohibitory records available, andthe extent to which the records arecomplete. The time an agencyneeds to obtain completeinformation may be lengthened ifrecords on an applicant aremaintained in another jurisdiction. A delay may also occur if researchis needed to determine whether anentry on an applicant’s recorddisqualifies the person fromreceiving a firearm.

The majority of background checksprocessed by State approvalsystems are initiated withinformation received by telephoneor computer from a licensed dealer. State instant approval systems usea variety of terminology, but allgenerate an initial response to thedealer indicating that thetransaction may proceed, may notproceed, or must be delayedpending further research on anapplicant’s records. If no recordretrieval problems emerge, mostState instant approval systems areable to process a check andprovide a final response to a dealerin less than 5 minutes. Some


systems are able to complete thechecking process in less than oneminute. (See Jurisdictionalsummaries.)

If a transaction is allowed toproceed, the firearm dealer is givenan approval number to record onthe forms filed by the applicant. Federal and State procedures varyas to the period of time for whichthe approval remains valid (theperiod during which the applicantmust complete a transaction byreceiving a firearm from the seller). For example, an approval by theFBI is valid for 30 days; an approvalof a private sale by the OregonState Police is valid for 24 hours. Aperson who does not receive thefirearm during the applicable periodis required to undergo anotherbackground check.

State laws differ regarding thelength of time that a transaction canbe delayed and the circumstancesthat allow a delay. A checkingagency’s search for a missingarrest disposition is the mostcommon reason for a delay. If afinal disposition such as aconviction cannot be found, Federalor State law usually dictates thechecking agency’s response to thefirearm dealer. Some States applythe Brady Act’s rule that if adisqualifying conviction record isnot found within 3 days, a transfermay proceed at the discretion of thedealer (termed a “default proceed”by the NICS). Other States havelaws and regulations that allow theiragencies to deny a transfer if anapplicant was arrested for anoffense that would be disqualifyingupon conviction.

A checking agency may continue toresearch an incomplete recordeven after a default proceed hasoccurred. If a disqualifying recordis found at a later date (termed a“delayed denial” by the NICS), thedealer may be contacted todetermine if the applicantcompleted the transaction andreceived a firearm. If the transfer

has occurred, law enforcementofficers may locate the purchaserand confiscate the firearm.

Post-denial Appeal procedures areavailable to applicants who havebeen denied a firearm because thechecking agency cannot locate anexonerating record such as anacquittal or a dismissal of criminalcharges. (See Appeals of denials.)

Another aspect of the checkingprocess involves notifying lawenforcement agencies of deniedpersons who are wanted in anoutstanding warrant or who mayhave attempted to obtain a firearmin violation of Federal or State law. A denied person may have actedillegally by submitting falseinformation or failing to discloserequired information on anapplication, by attempting to make apurchase while subject to aprohibition, or by attempting toobtain a firearm on behalf of aprohibited person.

Numerous agencies receive noticesof denied persons (see table 9),including special police units, ATF,and agencies with jurisdiction overthe location of the transaction(usually a dealer’s premises) or theapplicant’s residence. (For statisticson arrests of denied persons, seeBackground Checks for FirearmTransfers, 2003, September 2004,NCJ 204428.)

Transaction and registrationrecords

Federal and State laws mandate theinformation that must be provided byprospective firearm purchasers, thetypes of information that must beretained or purged by checkingagencies, and time periods forsaving or destroying records.

Some checking agencies receiveand retain paper records of permit orpurchase applications. Nevertheless, most buyer

information is transmitted over thetelephone or via computer by alicensed dealer and storedelectronically by a checkingagency.

Retention of information on allowedtransactions is often limited by lawbecause of concern for the privacyof lawful firearm owners. Incontrast, retention of information ondenied transactions is seldomlimited, due to its usefulness forjudicial and law enforcementpurposes.

A new Federal law requiresdestruction of identifying data fromallowed NICS transactions within24 hours after the dealer is notifiedof the decision, except in Stateswhere a different retention period ismandated by law. The new lawapplies only to NICS saletransactions, not to alternativepermit applications. Federal lawdoes not require purging of datafrom denied transactions.

Thirty-two States retain recordsfrom sale transactions or purchasepermit applications. Nearly allinstant check agencies retainallowed transaction records for lessthan 60 days but retain deniedtransaction records for more than90 days. (See table 6.)

In States where county sheriffs ormunicipal police departments issuepermits or purchase approvals, theretention period for transactionrecords is usually at the discretionof the checking agency. SomeState agencies are required tomaintain copies of transactionrecords forwarded by localchecking agencies.

Records of permit applications orsale transactions are retained bychecking agencies in order tomonitor agency performance orachieve a law enforcementobjective. With computerizedchecking systems, the completeelectronic record of a transaction isgenerally maintained for a short


period of time in order to facilitateaudits of system performance orcorrection of errors. In someStates, certain information such asa name, approval number, and datefrom an allowed transaction may beretained for auditing purposes for alonger period than other data aboutthe applicant. Retention of allallowed transaction records ismandated in two States for certaintypes of firearms: handguns inCalifornia and regulated firearms(handguns and assault weapons) inMaryland.

Checking agency records may alsobe referenced in order to verify thatlicensed firearms dealers aremaintaining records as required bylaw. In States that require a firearmowner to have a license oridentification card, records ofapproved applications are retainedin order for law enforcementofficers to determine whether aparticular person is legally inpossession of a firearm. Statesthat require a waiting period retainrecords of allowed transactions inorder to verify that a seller waitedthe proper length of time beforetransferring a firearm to the buyer. Records of denied transactions areretained to facilitate appeals,arrests, and prosecutions, and tobuild databases on prohibitedpersons.

Registration records, whichnormally include information on afirearm and its owner, facilitatetracing of firearms that are resoldillegally, used in a crime, or stolen. Federal law requires registration ofa machine gun or a short-barrel rifleor shotgun. Twelve States registerat least one type of firearm. Thetypes of firearms most commonlyregistered by these States aremachine guns, assault weapons,and handguns. A few Statesregister short-barrel rifles orshotguns, or all rifles and shotguns. (Statutes requiring registration arelisted in appendix A.) The laws ofseveral States prohibit registrationof firearms.

Appeals of denials

Specific procedures for appealingthe denial of a firearm purchase orpermit are codified in Federal lawand in the laws of nearly all Statesthat process background checks. Appeals often serve the practicalpurposes of resolving questions ofidentity and updating incompletecriminal history records.

Federal law provides the right tochallenge a NICS denial by the FBIor a State point of contact (seeBackground). The most commonState procedure provides an appealto the checking agency forreconsideration of a denial, and asubsequent appeal to a court.

Eighteen States provide an appealto the checking agency for a personwho is denied a firearm purchase orpermit. A different group of eighteenStates provide an appeal to a court(table 6). Connecticut andPennsylvania provide an appeal toan agency that is separate from thechecking unit.

Most purchase permit statutesrequire the checking agency toinform an applicant in writing of thereason for a denial. With instantapproval systems, an applicantusually is informed of a denial by thedealer who requested thebackground check. The applicantmust then call or write the checkingagency to learn the reason for thedenial. Statewide checkingagencies often have forms availablefor requesting reconsideration. Some States impose a deadline forfiling the initial appeal.

Other agencies involved in firearmappeals are those that maintaincriminal history, restraining order,mental health, or other records thatcould disqualify an applicant. Theappellant may be required to obtaindata from or submit data to theagency that originated a disputedrecord.

Appeals often arise when a deniedperson claims that he or she is notthe individual named in adisqualifying record found by thechecking agency. To resolve theidentity question, the appellant willordinarily submit fingerprints (if theyare not already on file) which will bechecked against Federal and/orState arrestee print records. If theappellant's prints do not match anydisqualifying records on file, thedenial can be reversed. A fewStates require submission offingerprints with all requests forreconsideration.

Another common appeal issuearises when a denied personclaims that a disqualifying record isincomplete. For example, if abackground check reveals a felonycharge without a recordeddisposition, the checking agencymay be required by State law toissue a denial. The applicant canhave the denial reversed bysubmitting court records to provethat the charge was subsequentlydismissed. An appeal proceduremay give the denied person thealternative of requesting that theappellate review agency contactthe agency of record to inquireabout a missing disposition.

An appeal may be filed when thereis no entry in criminal historyrecords for a proceeding thatrestored the applicant’s firearmrights. An administrative agency ora court may also need to decidewhether a pardon or anexpungement of a conviction wassufficient to restore an applicant’sfirearm rights.

In addition to record challengeprocedures, some States allow anappellant or the reviewing agencyto request an administrativehearing. State laws vary widely inregard to deadlines foradministrative decisions andsubsequent appeals by a deniedapplicant.


The vast majority of disputedfirearm denials are resolved at theadministrative level and are basedupon the accuracy of recordsinstead of an interpretation of thelaw.

Rejection rates

State and local checking agenciesreceived an estimated 3.4 millionfirearm transfer applications during2003; an estimated 65,000applications were rejected, arejection rate of 1.9% (FBI checksare not included in these figures). The most common reason forrejection of an application by aState or local checking agency wasthe applicant’s indictment orconviction for a felony offense(45%), followed by a conviction fora domestic violence misdemeanor(12%). (See Background Checksfor Firearm Transfers, 2003,September 2004, NCJ 204428.)

The 2003 background checkstatistics included applications fortransfers, permits required fortransfers, and carry permits thatcould be used to exempt the holderfrom a check at the point oftransfer. This national estimatecombined actual counts fromstatewide reporting agencies withan estimate for aggregated localagencies.

The rejection rates among Stateand local agencies in 2003 for thevarious types of firearm approvalsystems were estimated to be 2.1%for instant approvals, 2% forpurchase permits, 1.5% for exemptcarry permits, and 1% for otherapproval systems.

Statewide rates The number ofapplications received and rejected,and rejection rates for statewideagencies during 2003 arereproduced in table 1.

Fourteen instant approval systemsexhibited the widest variation inrejection rates, ranging from 0.3% inConnecticut to nearly 4% inTennessee. Statewide rejectionrates for purchase permitapplications ranged from 1.7% inHawaii to 2.9% in Illinois. Rejectionrates for nine States that reportedexempt carry permit counts rangedbetween 0.2% in North Dakota andArizona to 3.6% in South Carolina. Rejection rates were also availablefor the "other approval" systems inMaryland (1.9%) and California(1.0%).

Variations in rejection rates amongStates may be influenced by manyinterrelated factors, including thetype of approval system, the numberof years the system has operated,the extent of State firearmregulation, the length of time allowedfor an agency to complete a check,the decision process for records withmissing dispositions, and the extentof automation of criminal historiesand other records. Although the fullimpact of these factors has not beenquantified, a few observations arepossible from the limited informationavailable.

Among the lowest rates were thoseof New Jersey (0.4%) and Illinois(0.7%), where an instant check atthe point of transfer is the secondstep required for approval ofprospective firearm owners. Beforean instant sale check can beconducted, both States require aprospective owner to obtain sometype of purchase permit such as anidentification card or a handgunpermit. During the first step of theprocess, the rejection rates areconsiderably higher in New Jersey(2.0%) and Illinois (2.9%).

Generally, higher rejection ratesoccur in States that implemented aninstant approval system on or afterFebruary 28, 1994, the effectivedate of the Brady Act. These Statesinclude Tennessee (3.9%) andColorado (3.4%).

In contrast, approval systemsestablished before passage of theBrady Act tend to have lowerrejection rates. In addition toCalifornia, Connecticut, Illinois, andNew Jersey, these systems includeVirginia (1.1%) and Wisconsin(1.6%). Extensive regulation offirearm sales by States with olderapproval systems may influencerejection rates. As prospectivefirearm owners become moreknowledgeable about laws andprocedures in the States withwell-established systems, somepersons with potentiallydisqualifying records may bediscouraged from applying for apurchase or permit in those States.

Rejection rates may be influencedby a State’s policy towardapplicants who have incompleterecords for criminal history andother disqualifying factors. Checking agencies most frequentlyencounter delays while attemptingto determine the final disposition ofa criminal charge that is indicatedby an arrest, information, orindictment record. If the finaldisposition cannot be found duringthe time allowed for a backgroundcheck, the agency must decide,based on Federal or State law,whether the application will beapproved, denied, or delayedpending further research. A State'srejection rate may tend to be low ifan approval is mandated and highif a denial is mandated.

Some States apply the Brady Act’srule that if a disqualifying record isnot found within 3 days, a transfermay proceed. Other States havelaws and regulations that allow theiragencies to deny or delay atransfer if an incomplete record isbeing researched when the timelimit for a response expires. Thesetypes of rules may partially accountfor the comparatively high rejectionrates in States such as Coloradoand Tennessee.


Local agency rates Rejectionrates among local agencies may beinfluenced by many of the samefactors that influence the rates ofagencies with statewide jurisdiction.

Local agencies that provided datafor the FIST project were groupedaccording to the size of thecommunity they served: small(under 10,000 people), medium(10,000 to 100,000), or large (over100,000).

In 2003, rates varied among localagencies by size of the populationserved and type of permit. Therejection rate for purchase permitswas highest in large communities(2.9%) and lowest in smallcommunities (0.9%). Exempt carrypermits exhibited a similar pattern,with the highest rate occurring inlarge communities (1.7%) and thelowest rate occurring in smallcommunities (0.6%). (See table1a.)


Jurisdictional summaries

Information included in the Federal and State summaries

References on this page to "State" generally include alljurisdictions summarized (the United States and eachState, Territory, Commonwealth, and District). Topicslisted are not alphabetized; they follow the order ofpresentation used in the summaries. Laws that applynationwide are included in the Federal summary andare generally not repeated elsewhere. Stateparticipation in the NICS is described in sub-headingsfor the summaries.

Prohibited persons. Categories of persons prohibitedpermanently or temporarily from purchasing, possessing, or transferring firearms.

Restoration of rights. Pardons, court procedures, orother means by which adult or juvenile offenders canregain the right to possess or purchase firearms.

Prohibited firearms. Types of firearms that cannot bepurchased or possessed by any person or that mayonly be purchased or possessed pursuant to a limitedexception.

Regulated sales. The scope of firearm transferrestrictions such as background checks, permit andlicense requirements, residency rules, and handgunpurchase limits. Includes types of transferors (licensedor unlicensed), firearms (such as handguns or longguns), and transactions (such as sales or redemptions)that are regulated.

Permits. Documents (such as a permit, license, oridentification card) issued by law enforcementagencies, which are required for the purchase,possession, or carrying of firearms.

Background checks. Procedures and requirementsfor conducting criminal history and other checks onfirearms purchasers or permit applicants under Federaland State laws, including time limits imposed onchecking agencies.

Waiting period. A period of time after a firearmpurchase application is filed with a seller or a permitapplication is filed with a law enforcement agency,which must expire before transfer of the firearm orissuance of the permit can be completed.

Purchaser fees. The amounts charged to firearmspurchasers for background checks or the issuance ofdocuments needed for purchase.

State data. Automated and manual prohibited persondata that are maintained by State agencies. The datais available to agencies within the State for backgroundchecks on firearm buyers or permit applicants, andmay also be available to agencies outside the State. Local record sources may also be described.

Check processing time. The length of time needed,on average, for checking agencies to completebackground checks on routine transactions and thosethat require additional research on missing dispositionsand other questions.

Retention of records. Time limits on retention of datafrom allowed and denied firearm transactions bychecking agencies and other agencies, based onFederal or State law or agency policies.

Registration. State procedures for maintainingpermanent records on firearms and firearms owners.

Appeals of denials. Statutory or administrativeprocedures for appealing a denial of the right topurchase a firearm or obtain a permit that can be usedfor a purchase.

Arrests of denied persons. Arrest and notificationprocedures followed by checking agencies in regard topersons who are denied a firearm or a permit becausethey submitted false information or have an outstandingwarrant.

2003/2004 legislation. Significant changes in lawsrelated to firearm sales that became effective betweenJuly 1, 2003, and June 30, 2004.

Relevant laws. Citations to statutes governing thetransfer, possession, and use of firearms.

Source of information. Agencies that contributed tothe survey.


Federal system

Prohibited persons. Federal law prohibits firearmpossession by or transfer to a person who is: underindictment for or convicted of a crime punishable byimprisonment for more than 1 year; a fugitive fromjustice; an unlawful user of or addicted to any controlledsubstance; adjudicated as a mental defective orcommitted to a mental institution; an illegal alien or analien admitted under a nonimmigrant visa; dishonorablydischarged from the armed forces; a renounced U.S.citizen; restrained by court order from harassing,stalking, or threatening an intimate partner or child; orconvicted in any court of a misdemeanor crime ofdomestic violence. It is unlawful for a federally-licenseddealer to transfer a long gun to a person under 18years of age or a handgun to a person under 21 yearsof age. Further, it is unlawful for any person to transfera handgun to a juvenile (under 18) or for a juvenile topossess a handgun, except in limited circumstances.

Restoration of rights. Federal firearm rights may berestored by a presidential pardon or by ATF; agencydecisions may be appealed to Federal district court.

Prohibited firearms. It is unlawful, with limitedexceptions, to possess or transfer a machine gun, afirearm not detectable by airport security devices, or asemiautomatic assault weapon.

Regulated sales. Record checks through the NationalInstant Criminal Background Check System (NICS) arerequired on persons who purchase firearms or redeempawned firearms from federally-licensed dealers. Alicensee has the option of requesting a check when afirearm is pawned. A handgun cannot be transferredby a licensee to a person who does not reside in theState where the licensee’s business is located. A longgun may be transferred in person by a dealer to anonresident if the transfer complies with the laws of theState where the dealer’s place of business is locatedand the State where the buyer resides. An interstatetransfer of a handgun or long gun between unlicensedpersons is prohibited.

Permits. Federal law does not require a permit topurchase a firearm.

Background checks. NICS checks are conducted bythe FBI and State point of contact (POC) agencies. The FBI checks handgun and long gun buyers in 26States and only long gun buyers in 10 additional States. Dealers contact the system by telephone or otherelectronic means and receive an immediate responseas to whether a transfer may proceed, may notproceed, or will be delayed pending further review. If

no response is received within 3 business days, thetransfer may proceed (known as a “default proceed”).

Waiting period. No Federal requirements.

Purchaser fees. NICS checks by the FBI are withoutcharge. State laws establish POC fees.

Federal data. The three major Federal databases arethe Interstate Identification Index (III), containingpointers to State criminal histories; the National CrimeInformation Center (NCIC), which includes protectionorder, fugitive, and other data; and the NICS Index,which includes mental defective, illegal alien, deniedperson, and other data. Immigration and CustomsEnforcement (ICE) data is queried for non-citizenbuyers.

Check processing time. About 90% of the inquiriesconducted by the FBI in 2003 resulted in an immediate“proceed” response.

Retention of records. Identifying information ontransactions allowed by the FBI is purged within 24hours. Open transaction information is purged within90 days. Information on applicants denied by the FBIis retained indefinitely.

Registration. A short-barrel shotgun or rifle or amachine gun must be registered.

Appeals of denials. A person who is denied a firearmafter a NICS check may appeal to the denying agency(FBI or POC), and may be required to contact theagency that originated the disqualifying record. As analternative, the appellant can ask the FBI to review aPOC denial. A further appeal may be filed in Federaldistrict court.

Arrests of denied persons. The FBI notifies ATF ofNICS denials and persons who obtain a firearm bydefault proceed but are subsequently determined to beprohibited.

2003/2004 legislation. The ban on undetectablefirearms was renewed and the retention period foridentifying information from approved NICStransactions was reduced to 24 hours.

Relevant laws. United States Code 18-922 et seq; 26-5801 et seq.

Source of information. Federal Bureau ofInvestigation, NICS Program Office; Bureau of Alcohol,Tobacco, Firearms, and Explosives.


Alabama

FBI conducts NICS checks

Prohibited persons. State law prohibits ownership,possession, or control of a handgun by a person whohas been convicted in Alabama or elsewhere ofcommitting or attempting to commit a crime of violenceor is a drug addict or an habitual drunkard. It is illegalto deliver a handgun to any person under the age of 18or to one who the seller has reasonable cause tobelieve has been convicted of a crime of violence or isa drug addict, an habitual drunkard, or of unsoundmind.

Restoration of rights. A person who has beenconvicted of a crime may regain the right to possess ahandgun through a pardon.

Prohibited firearms. It is illegal for a person topossess, obtain, receive, sell, or use a short-barreledrifle or shotgun, except for a peace officer engaged inofficial duties.

Regulated sales. All transfers of firearms conductedby a licensed importer, manufacturer, or dealer shall besubject to a NICS check. Residents of adjoining Statesmay purchase long guns in Alabama unless otherwiseprohibited. No person shall make any loan secured bya mortgage, deposit, or pledge of a handgun, nor lend,give, or otherwise deliver a handgun contrary to theprovisions of the law. A State license is required forretail dealers of handguns.

Permits. No permit is required to purchase firearms. A permit is required to carry a concealed handgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inAlabama contact the FBI for all checks required by theBrady Act.

Waiting period. No State requirement.

Purchaser fees. None.

State data. Alabama makes fugitive, criminal history,probation/parole, and domestic violence restrainingorder data available on the statewide computernetwork. Criminal histories may contain domesticviolence misdemeanor convictions (flagged records)and insanity, incompetent to stand trial and involuntarycommitment dispositions. A statewide database ofprobate court mental health records is beingdeveloped.

Check processing time. Not applicable.

Retention of records. A form in triplicate is made forevery pistol sold by a licensed dealer. One copy of theform shall be sent within 6 hours by registered orcertified mail to the chief of police of the municipality orthe sheriff of the county of which the dealer is aresident; the dealer shall within seven days send theduplicate to the Secretary of State; and the dealer shallretain the triplicate for 6 years.

Registration. No State requirements.

Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law.

Arrests of denied persons. Not applicable.

2003/2004 legislation. A new law requires that alltransfers of firearms conducted by a licensed importer,manufacturer, or dealer shall be subject to a NICScheck. Data needed for a NICS check shall beprovided to the Criminal Justice Information Center byState and local agencies. A court that orders aninvoluntary commitment of a person who has shown ahistory of inappropriate use of firearms or poses athreat to do so shall forward a copy of the order toCJIC. The order shall then be entered into the Statesystem and the NICS.

Relevant laws. Code of Alabama 13A-11-50 et seq.

Source of information. Alabama Bureau ofInvestigation; Alabama Criminal Justice InformationCenter.

Contact. Mark Hartley, Criminal Justice InformationCenter, 770 Washington Avenue, Room 350,Montgomery, AL 36130, (334) 242-4900.


Alaska


Prohibited persons. Alaska law makes it a crime fora person to: knowingly possess a handgun after havingbeen convicted of a felony or adjudicated a delinquentminor for conduct that would constitute a felony ifcommitted by an adult by a court of this State, a courtof the United States, or a court of another State orterritory; knowingly sell or transfer a handgun to aperson who has been convicted of a felony by a courtof this State, a court of the United States, or a court ofanother State or Territory; knowingly sell or transfer afirearm to a person whose physical or mental conditionis substantially impaired by intoxicating liquor orcontrolled substances; knowingly sell a firearm to aperson under 18 years of age; or possess a firearm asan unemancipated minor under 16 years of age withoutthe consent of a parent or guardian.

Restoration of rights. The State allows a convictedfelon's right to own a handgun to be restored if theconviction is pardoned or set aside. If at least 10 yearshave elapsed since the offender's unconditionaldischarge, firearm rights are restored except for thosewho committed felony "crimes against persons."

Prohibited firearms. It is illegal to manufacture,possess, transport, sell, or transfer a prohibitedweapon (which includes a machine gun, short-barrelrifle, or short-barrel shotgun), unless it is registeredunder the National Firearms Act.

Regulated sales. State law does not requirebackground checks on firearms purchasers.

Permits. Alaska does not require a permit to purchasefirearms. A person who may legally carry a firearm isnot required to obtain a permit to carry a concealedhandgun. However, a person may obtain a concealedhandgun permit in order to purchase firearms without anew background check or receive reciprocity fromother States.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Alaskacontact the FBI for all checks required by the BradyAct. The Alaska Department of Public Safety conductsbackground checks on applicants for concealedhandgun permits. ATF allows a holder of a validconcealed handgun permit to purchase a firearmwithout a new NICS check.

Waiting period. No State requirements.


State data. Alaska maintains fully automated fugitive,criminal history, and domestic violence protective orderdata on a statewide network. Domestic violencemisdemeanor convictions may be identified fromflagged criminal history records created after January15, 1998. Insanity and incompetent to stand trialdispositions may be found within criminal histories.


Retention of records. Information on persons whoare denied a concealed handgun permit is retained fora minimum of 5 years.


Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A denial of aconcealed handgun permit application may beappealed to the commissioner of public safety.

Arrests of denied persons. No information isavailable.

2003/2004 legislation. The statute that required aperson to possess a permit while carrying a concealedhandgun was repealed. A person who may legallycarry a firearm may now carry it concealed without apermit.

Relevant laws. Alaska Statutes 11.61.200; 11.61.210;11.61.220; 18.65.700.

Source of information. Alaska Department of PublicSafety.

Contact. David Schade, Department of Public Safety,5700 East Tudor Road, Anchorage, AK 99507, (907) 269-5708.


Arizona


Prohibited persons. Arizona law makes it illegal tosell or transfer a firearm to a prohibited possessor,defined as any person who has been found to be adanger to himself or others by a court order and isunder treatment, convicted of a felony in Arizona oranother State, adjudicated delinquent, imprisoned, or isserving a term of probation, parole, communitysupervision, work furlough, home arrest, or release onany other basis because of a domestic violence orfelony offense. It is illegal to knowingly transfer afirearm to a person who intends to use the firearm inthe commission of any felony. A firearm cannot betransferred to or possessed by a minor under the ageof 18 except in limited circumstances.

Restoration of rights. Adult felons convicted of"dangerous offenses" cannot regain the right topossess firearms. All other felons discharged fromprobation must wait a certain length of time, dependingon the offense, before applying for a court order torestore firearm rights. For adult felons, the waitingperiod is 10 years for "serious offenses" and 2 years forother offenses. For juvenile felons, the waiting periodis until age 30 for dangerous and serious offenses, and2 years for most other offenses.

Prohibited firearms. It is illegal to manufacture,possess, transport, sell, or transfer a prohibitedweapon, which includes a machine gun or ashort-barreled rifle or shotgun (unless it is registered inaccord with federal law).

Regulated sales. Arizona does not requirebackground checks on private person to persontransfers of firearms.

Permits. Arizona does not require a permit topurchase firearms. Carrying a concealed weaponrequires a permit.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inArizona contact the FBI for all checks required by theBrady Act. The Department of Public Safety (DPS)Concealed Weapons Unit conducts backgroundchecks on applicants for concealed carry permits. ATFallows a holder of a valid Arizona permit to purchase afirearm in the State without a new NICS check.


Purchaser fees. There is no fee for a purchase. Theconcealed weapon permit fee is $65.

State data. Arizona maintains fully automated fugitiveand criminal history data on a statewide network. Probation, parole, and flagged domestic violencemisdemeanor data are found within criminal historyrecords. Sex offender registration and corrections dataare also available. The courts report limited data oninvoluntary commitments to DPS. Domestic violenceprotective orders are entered into a court repositorywhich is being expanded to include all State courts.


Retention of records. Data on persons who aredenied a concealed weapon permit are kept on paperfor 5 years.


Appeals of denials. A person who is denied a firearmby the FBI may appeal pursuant to Federal law. Aperson who is denied a concealed weapon permit mayrequest reconsideration by submitting additional data toDPS. An administrative hearing may be held. A furtherappeal may be filed in superior court.


2003/2004 legislation. No significant changes.

Relevant laws. Arizona Revised Statutes 13-905 etseq; 13-3101 et seq.

Source of information. Arizona Department of PublicSafety.

Contact. Willard Whalen, Department of PublicSafety, Concealed Weapon Permit Unit, P.O. Box6638, Phoenix, AZ 85005, (602) 223-2704 (telephone),(602) 223-2829 (fax).


Arkansas


Prohibited persons. Arkansas law provides that noperson shall possess or own any firearm who has beenconvicted of a felony, adjudicated mentally ill, orcommitted involuntarily to any mental institution. Noperson under the age of 18 shall possess a handgunexcept in limited circumstances. It is illegal to furnish afirearm or other deadly weapon to a minor (under 18)without the consent of a parent or guardian, or tofurnish a handgun or prohibited weapon to a felon, or toknowingly sell, rent, or transfer a firearm to a personprohibited by State or Federal law.

Restoration of rights. The governor can restore afelon's right to own a firearm upon a recommendationfrom a chief law enforcement officer if the underlyingoffense did not involve the use of a weapon andoccurred more than 8 years ago. Restoration of rightsmay also occur with a pardon.

Prohibited firearms. It is illegal, with limitedexceptions, to use, possess, make, repair, sell, orotherwise deal in a machine gun or sawed-off shotgunor rifle, or a firearm specially made or specially adaptedfor silent discharge.

Regulated sales. State law does not requirebackground checks on firearms purchasers. Residentsof adjacent States may purchase long guns inArkansas unless otherwise prohibited.

Permits. Arkansas does not require a permit topurchase firearms. A permit is required to carry aconcealed handgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inArkansas contact the FBI for all checks required by theBrady Act. The Arkansas State Police conductsbackground checks on applicants for concealedhandgun permits. ATF allows a holder of a validconcealed handgun permit to purchase a firearmwithout a new NICS check, if the permit was issued on or after April 1, 1999.



State data. Fully automated fugitive, criminal history,restraining order, and flagged domestic violencemisdemeanor conviction data are available on thestatewide network.


Retention of records. Information on persons whoare denied a concealed handgun permit is retainedindefinitely.





Relevant laws. Arkansas Code 5-73-101 et seq; 5-73-201 et seq.

Source of information. Arkansas State Police andthe Office of the Attorney General.

Contact. Cora Gentry, State Police AFIS/ID Bureau,One State Police Plaza Drive, Little Rock, AR 72209,(501) 618-8516.


California

State requests NICS checks

Prohibited persons. State law prohibits possession ofa firearm by a person who has been convicted of afelony in California or another jurisdiction or amisdemeanor specified in State law; is addicted to anynarcotic drug; is prohibited as a condition of probation;is subject to a protective order; was adjudged a ward ofthe juvenile court; or is mentally ill or disabled asdefined in State law. A firearm cannot be transferred toa minor (under 21 for handguns; under 18 for longguns) except in limited circumstances. Handgunowners must pass a safety course or show proof ofexemption.

Restoration of rights. Firearm rights can be restoredby a governor's pardon if the conviction did not involveuse of a deadly weapon or if an underlying conviction isreopened and the subject pleads to a lesser charge. Persons convicted of specified misdemeanors orcommitted to a mental institution can have their rightsrestored by the proper court. Those who committeddisqualifying acts as juveniles can have their right topossess a firearm automatically restored at age 30 if noadditional violations occur.

Prohibited firearms. Short-barreled rifles andshotguns, unsafe handguns, machine guns, assaultweapons, and several other types of firearms areprohibited, with limited exceptions.

Regulated sales. Background checks are required forfirearm sales by State-licensed dealers and unlicensedpersons, and for pawn redemptions processed throughdealers. Additional regulations apply to gun shows. Handgun purchases are limited to 1 in a 30-day period.

Permits. A permit is required to possess a machinegun or an assault weapon. Carrying a concealedfirearm requires a license.

Background checks. The California Department ofJustice (DOJ) is a NICS point of contact and conductsall checks required by Federal and State law. Gunshow transfers and other private sales are processedthrough a licensed dealer or law enforcement agency. Dealers contact DOJ with a computerized "point-of-saledevice."

Waiting period. A 10-day waiting period is required forall firearms, regardless of when a background check iscompleted.

Purchaser fees. DOJ charges $20 for a check on asingle handgun or an unlimited number of long guns,and $16 for additional handguns purchased at thesame time (by those who are exempt from the one per30-day rule). A dealer may charge an additional $10fee per firearm to process a private transfer.

State data. California maintains fully automatedfugitive, criminal history, restraining order, domesticabuse conviction (flagged records), probation/parole,juvenile, and prohibited armed persons data. DOJmaintains a database of mental health dispositions andsome may also be included in criminal histories.

Check processing time. Background checks areprocessed within the 10-day waiting period.

Retention of records. Data on approved long guntransactions can be retained for 5 days; data onprohibited long gun transfers are retained indefinitely.Other transaction data are retained indefinitely onmicrofiche if entered prior to April 1, 1997, or in anautomated file if entered after that date.

Registration. Handguns are not registered, but theautomated files maintain a record of handgun transfers.New residents must report handgun ownership within60 days of moving to California. Assault weapons areregistered.

Appeals of denials. A person who is denied a firearmcan appeal to California DOJ.

Arrests of denied persons. In cases involvingfalsified applications or outstanding warrants, DOJinforms the agency with jurisdiction over the individual.Persons with warrants cannot receive a firearm if aconviction would disqualify them. DOJ enforcementand local law enforcement serve search warrants andarrest and prosecute armed prohibited persons whoare found to be in possession of firearms.

2003/2004 legislation. Amendments includedchanges to laws regarding misdemeanor convictions,juvenile offenses, protective orders, backgroundchecks, and transaction fees.

Relevant laws. California Penal Code 12000 et seq;Welfare and Institutions Code 8100 et seq.

Source of information. CA. Department of Justice.

Contact. Steve Buford, Department of JusticeFirearms Division, P.O. Box 820200, Sacramento, CA94203, (916) 227-4340.


Colorado


Prohibited persons. Colorado law forbids transfer ofa firearm to any person who is prohibited by Federal orState law; arrested for or charged with a crime forwhich the person, if convicted, would be prohibited byFederal or State law; or the subject of an indictment,information, or felony complaint alleging a crimepunishable by imprisonment exceeding 1 year. Afirearm cannot be possessed by a person who is aprevious felony offender or was adjudicated for an actthat would be a felony if committed by an adult. Afirearm cannot be possessed by or transferred to aperson who has not attained the age of 18 years,except in limited circumstances. It is illegal toknowingly obtain a firearm on behalf of a prohibitedperson.

Restoration of rights. Felons and juvenile offenderscan regain firearm rights if they receive a pardon fromthe president or the governor.

Prohibited firearms. It is illegal, with limitedexceptions, to knowingly possess a dangerousweapon, which includes a machine gun, short shotgun,or short rifle.

Regulated sales. State law requires backgroundchecks on persons who purchase firearms fromlicensed dealers or at a gun show. Residents of anyState may purchase long guns in Colorado unlessotherwise prohibited.

Permits. Colorado does not require a permit topurchase firearms. A permit is required to carry aconcealed handgun.

Background checks. The Colorado Bureau ofInvestigation (CBI) is a point of contact for the NICSand conducts all checks required by Federal and Statelaw. Licensed dealers in Colorado request instantchecks by using a 1-800 number. Gun showtransactions are processed through dealers. State lawmandates denial of a person arrested or indicted for apotentially disqualifying offense if no final disposition ofthe case is noted in databases searched.


Purchaser fees. CBI does not charge a fee for aninstant check. A licensed dealer may charge a fee notto exceed $10 for processing a gun show transaction.

State data. Colorado maintains fully automatedfugitive, criminal history, probation, parole, restraining

order, and flagged domestic abuse misdemeanor dataon a statewide network. CBI receives court records ofpersons who have been adjudicated as a juveniledelinquent. Criminal histories may contain insanity andincompetent to stand trial dispositions. Data onpersons who are incapacitated or committed for drug,alcohol or mental health treatment are reported byState courts to the NICS. The State is pursuingtechnical and administrative improvements to recordsystems for domestic violence misdemeanorconvictions and restraining orders.

Check processing time. Routine transactions areprocessed within 1 hour; transactions requiringadditional research are processed within 3 days.

Retention of records. CBI purges data from allowedNICS transactions within 24 hours. Data from deniedtransactions can be retained indefinitely.


Appeals of denials. A person who is denied a firearmmay request reconsideration by submitting additionalinformation to CBI.

Arrests of denied persons. All persons who aredenied or have an outstanding warrant are reported toFederal, State, and local law enforcement agencieswith jurisdiction over the applicant's residence and thedealer's premises.


Relevant laws. Colorado Revised Statutes 12-26.1-101; 18-12-101 et seq; 24-33.5-424.

Source of information. Colorado Bureau ofInvestigation.

Contact. Susan Kitchen, CBI InstaCheck Unit, 690 Kipling Street, Room 3000, Denver, CO 80215, (303) 239-4235.


Connecticut


Prohibited persons. A pistol permit or an eligibilitycertificate shall not be issued to a person who failed tocomplete a firearm safety course. A person may notobtain a pistol permit or an eligibility certificate orpossess a handgun if the person is convicted of afelony, any of 11 specified misdemeanors, or a seriousjuvenile offense; discharged from custody within thepreceding 20 years after being found not guilty of acrime by reason of mental disease; confined to ahospital for psychiatric disabilities within the preceding12 months by court order; subject to a restraining,protective, or firearm seizure order; an illegal alien; orunder age 21. A firearm may not be possessed by aperson who has been convicted of a felony, a seriousjuvenile offense, or a domestic violence misdemeanor,or is subject to a restraining, protective, or firearmseizure order.

Restoration of rights. The Board of Pardons mayrestore the right to possess a firearm or override aconviction.

Prohibited firearms. Assault weapons and sawed-offshotguns are prohibited, with few exceptions.

Regulated sales. State law requires backgroundchecks on persons who apply for a permit or receive afirearm, except for a long gun transfer betweenunlicensed persons who are not at a gun show. Aperson who becomes ineligible to possess a firearmmust transfer all firearms owned within 2 business daysand notify the Department of Public Safety of thetransfer. Firearms dealers must have a State permit.

Permits. An eligibility certificate or pistol permit isrequired to purchase a handgun. Both documents arevalid for 5 years, allow unlimited purchases, and willwaive the long gun waiting period. Carrying a handgunalso requires a pistol permit, with a 60-day permitissued by a local official required as a prerequisite toreceiving the 5-year permit issued by the ConnecticutState Police (CSP).

Background checks. CSP is a NICS point of contactand conducts checks on applicants for pistol permits,eligibility certificates, and firearm purchases.Applications are approved or denied within 8 weeks fora pistol permit or 90 days for an eligibility certificate. Instant checks on buyers are conducted by telephone(1-888-335-8438 in the State).

Waiting period. A 14-day waiting period, which beginswhen an application is filed, is required for a long gun

transfer, unless the buyer has a valid permit or qualifiesfor an exemption.

Purchaser fees. A fee of $70 is charged to receive a 60-day and a 5-year pistol permit. Eligibility certificatescost $35. An additional $24 is charged to cover the FBIfingerprinting fee for criminal history.

State data. Connecticut maintains fugitive, criminalhistory, probation, parole, protective order, flaggeddomestic abuse misdemeanor, involuntarycommitment, and juvenile data. Criminal histories maycontain insanity dispositions or commitments to amental institution. The State is pursuing technicalimprovements to mental health and restraining orderrecord systems.

Check processing time. Sale checks are normallyprocessed in less than 30 seconds if no eligibilityquestions arise, within 1 minute if there is an eligibilityquestion, or within 3 days if further research is needed.

Retention of records. CSP maintains a database ofvalid permits and keeps denied purchase applicationsfor 5 years. Data from approved NICS transactions arenot retained.

Registration. Data on the sale, weapon, buyer, andseller are recorded on a registration form for a handgunor long gun. Machine guns are registered. A certificateof possession is required for an assault weapon legallyowned prior to 10/1/93.

Appeals of denials. A person who is denied a firearmpurchase may appeal to CSP. A denial or revocation ofa pistol permit or eligibility certificate may be appealedto the Board of Firearm Permit Examiners.

Arrests of denied persons. Cases involving falsifiedapplications or attempts by prohibited persons to buyfirearms are referred to the Firearms Trafficking Unit.

2003/2004 legislation. Amendments made it a crimeto possess a firearm while subject to a foreign order ofprotection and provided that the registry of protectiveorders shall contain foreign orders.

Relevant laws. Connecticut General Statutes 29-27 etseq; 53-202 et seq; 53-217a et seq.

Source of information. Connecticut State Police,Special Licensing and Firearms Unit (860) 685-8290.

Contact. Lt. Robert A. Corona, Commanding Officer,State Police Special Licensing and Firearms Unit, 1111Country Club Road, Middletown, CT 06457, (860) 685-8290.

Revised 8/31/05 th


Delaware

FBI conducts NICS checksState conducts separate checks

Prohibited persons. Delaware law prohibits purchaseor possession of a firearm by any person who isconvicted of a felony or crime of violence involvingphysical injury to another; committed for a mentaldisorder to any hospital, mental institution, orsanitarium; convicted for unlawful use, possession, orsale of a narcotic, dangerous drug, central nervoussystem depressant or stimulant, or controlledsubstance; adjudicated delinquent for conduct which ifcommitted by an adult would constitute a felony;subject to a protection from abuse order; or convictedof any misdemeanor crime of domestic violence asdefined by statute. It is unlawful to transfer a firearm toa child under 18 years of age without parental consentor to a person who intends to commit certain crimes. Itis unlawful to transfer a firearm to or obtain a firearmon behalf of a prohibited person. A handgun cannot besold to a person under the age of 21 or to anintoxicated person. A juvenile cannot possess ahandgun unless engaged in lawful activity under adultsupervision.

Restoration of rights. A convicted felon's right to owna firearm may be restored through a governor's pardon.A person who committed a disqualifying misdemeanormay regain firearm rights 5 years after conviction;those who committed disqualifying juvenile offensesregain their rights at age 25.

Prohibited firearms. It is illegal, with limitedexceptions, to sell, transfer, buy, receive, or possess asawed-off shotgun or machine gun or any other firearmadaptable for use as a machine gun.

Regulated sales. Delaware law requires backgroundchecks on persons who purchase a handgun or riflefrom a licensed dealer, but a shotgun purchase isexempt. Checks are optional for private sales. Ahandgun dealer is required to have a State license.

Permits. A permit is not required to purchase firearms.A permit is required to carry a concealed handgun.

Background checks. State law requires that licenseddealers call the Delaware State Police (DSP) for instantsales checks, by using a 1-800 number. DSP has amaximum of 3 days to complete a check. A holder of aconcealed handgun permit issued by a county superiorcourt is exempt from the check required by State law.Delaware is not a point of contact for the NICS; dealersmust contact the FBI for checks required by the BradyAct on handgun, rifle, and shotgun buyers.


Purchaser fees. DSP does not charge a fee for aninstant check. A dealer may charge a fee not toexceed $20 per criminal history check to process aprivate sale.

State data. Delaware maintains fully automatedfugitive, criminal history, probation, parole, juvenile,mental health, restraining order, and flagged domesticviolence misdemeanor data on a statewide network.

Check processing time. Routine transactions arenormally processed in less than 6 minutes. Transactions requiring additional research are normallyprocessed in less than 14 minutes.

Retention of records. DSP retains records ofapproved transactions for 60 days and records ofdenied transactions indefinitely.


Appeals of denials. A person who is denied a firearmby DSP may petition for amendment of errors in therecord. A further appeal may be filed in superior court. The superior court’s refusal to issue a concealedhandgun permit may be appealed to the State supremecourt.

Arrests of denied persons. In cases involvingfalsified applications, DSP informs the agency withjurisdiction over the individual. When a person isdenied because of an outstanding warrant, the agencywith jurisdiction over the dealer is notified to apprehendthe suspect.


Relevant laws. Delaware Code 11-1441 et seq;24-901 et seq.

Source of information. Delaware State Police.

Contact. Elizabeth Shamany, State Police Bureau ofIdentification, P.O. Box 430, Dover, DE 19903, (302) 739-5872.


Florida


Prohibited persons. Florida law prohibits a transfer ofa firearm to a person who has been convicted of afelony, a delinquent act that would be a felony ifcommitted by an adult and the offender is under 24years of age, or a misdemeanor crime of domesticviolence; had adjudication of guilt withheld or impositionof sentence suspended on a felony charge and 3 yearshave not elapsed since the completion date of anycourt provisions; has been indicted for a felony; issubject to a protective order; has been arrested for a"dangerous crime," or other enumerated offenses; or isa minor under the age of 18 and lacks permission of aparent or guardian. It is illegal to acquire a firearm forthe use of a prohibited person. A firearm cannot bepossessed by a person who is a minor, a felon, adelinquent, restrained by a domestic violenceinjunction, a violent career criminal, mentallyincompetent, a drug addict, or a chronic alcoholic.

Restoration of rights. Florida allows a convictedfelon's right to own firearms to be restored through apardon from the jurisdiction where the felony convictionoccurred. A person convicted of a delinquent act thatwould be a felony if committed by an adult can regainfirearm rights when the jurisdiction of the court expires.

Prohibited firearms. It is unlawful, with limitedexceptions, for any person to own or have care,custody, possession, or control of a short-barreled rifleor shotgun or a machine gun which is or may readily bemade operable.

Regulated sales. Background checks are required forfirearm sales by licensed importers, manufacturers,and dealers. Certain pawnshop redemptions are alsosubject to checks.

Permits. No permit is required to purchase firearms. A license is needed to carry a concealed firearm.

Background checks. The Florida Department of LawEnforcement (FDLE) is a point of contact for the NICSand conducts instant checks required by Federal andState law. Checks on firearms redeemed within 90days of being pawned may be conducted by the FBI; ifa weapon is redeemed after 90 days, the check isconducted by FDLE. If a purchaser is not disapprovedwithin 3 business days, the dealer must contact FDLEbefore releasing the firearm.

Waiting period. Handgun purchases require a waitingperiod of 3 business days, beginning with the transferof money or other valuable consideration to the dealer,

regardless of when a background check is completed. Some counties extend the waiting period by ordinance.

Purchaser fees. FDLE currently charges $5 for acheck. The maximum fee allowed by statute is $8.

State data. Florida maintains fugitive, criminal history,restraining order, juvenile, probation, and parole data. Criminal histories may contain domestic violencemisdemeanor convictions and findings of insanity orincompetent to stand trial.

Check processing time. Routine transactions arenormally processed in less than 4 minutes. Transactions requiring additional research are normallyprocessed in fewer than 3 days.

Retention of records. Information on an approvedtransaction is destroyed by FDLE within 2 days afterthe response to a licensee's request for a check. Information on denied transactions is retained for 1year on paper and 2 years in electronic format.


Appeals of denials. A person who is denied a firearmmay appeal through the FDLE within 21 days of thenon-approval issuance. In order for FDLE to processthe appeal after 21 days, a licensed firearm dealermust conduct another background check. Alternatively,a denied person may request the NICS to process anappeal after the 21 day period has expired.

Arrests of denied persons. A person with anoutstanding warrant is reported to agencies withjurisdiction over the fugitive and the location of thedealer. All denied persons are reported monthly toATF, special agency personnel, and local lawenforcement by the Firearm Purchase Program.

2003/2004 legislation. Cyberstalking was added tothe enumerated offenses that will cause nonapproval ofa firearm transaction. The sunset date for the State'sinstant check law was extended to October 1, 2009. Anew statute prohibits registration of firearms or owners.

Relevant laws. Florida Statutes 790.001 et seq.

Source of information. Florida Department of LawEnforcement, Firearm Purchase Program.

Contact. Martha Wright, Department of LawEnforcement, P.O. Box 1489, Tallahassee, FL 32302,(850) 488-4931.


Georgia


Prohibited persons. State law prohibits possession ofa firearm by a person who is on probation as a firstoffender or has been convicted of a felony in Georgiaor elsewhere. A person under the age of 18 may onlypossess a handgun in certain circumstances, unlessthe person has been convicted of a forcible offense oradjudicated delinquent. A handgun cannot be sold to aperson who is prohibited by State or Federal law, orhas been involuntarily hospitalized within the preceding5 years.

Restoration of rights. A convicted felon can regainthe right to possess firearms if the person is granted apardon and the Pardon and Parole Board specificallyrestores possession rights.

Prohibited firearms. It is illegal, with limitedexceptions, to possess a sawed-off shotgun, sawed-offrifle, or machine gun.

Regulated sales. State law requires backgroundchecks on firearm sales by licensed dealers and onredemptions which occur more than 1 year after thefirearm is pawned. A resident of any State maypurchase rifles and shotguns in Georgia unlessotherwise prohibited. A State license is required for adealer of handguns or short-barreled firearms.

Permits. Georgia does not require a permit topurchase firearms. A permit is required to carry aconcealed handgun.

Background checks. The Georgia Bureau ofInvestigation (GBI) is a point of contact for the NICSand conducts checks required by Federal and Statelaw. Holders of concealed handgun permits issued bycounty probate courts are exempt from sale checksunder ATF and State rules. Licensed dealers requestinstant checks by using a 1-800 number or anelectronic point-of-sale device. The GBI is allowed 3business days to complete a check. During the 3business days a delay status is given to the dealer untila final determination can be made. The time allowedcan be extended if the applicant's criminal historyrecord is not immediately available (no extension limitis provided in the statute). Georgia's consent formrequires the purchaser's name, gender, race, and dateof birth, plus a Social Security or other identificationnumber (a Social Security number is voluntary, but isused as a means of identification and as a searchparameter).


Purchaser fees. GBI charges $5 for the backgroundcheck on a firearm purchaser.

State data. Georgia maintains fully automatedfugitive, criminal history, probation, parole, flaggeddomestic violence misdemeanor, and protective orderdata. Insanity, incompetent to stand trial, andinvoluntary commitment dispositions are contained in adatabase maintained by GBI and may also be includedin criminal histories.

Check processing time. Routine transactions arenormally processed in less than 3 minutes. Transactions requiring additional research are normallyprocessed in less than 1 day.

Retention of records. The Georgia Consent Form isattached to the ATF 4473 and retained by the dealer.Identifying data from allowed NICS transactions arepurged within 24 hours. Data on denied transactionsare retained for 90 days except for transactionnumbers and denial dates, which are retainedindefinitely.


Appeals of denials. A person who is denied a firearmmay petition GBI in writing or by telephone for anamendment of the record. A further appeal may befiled in superior court.

Arrests of denied persons. A person who submitsfalse information on an application or is subject to anoutstanding warrant is reported by GBI to the agencywith jurisdiction over the individual.


Relevant laws. Official Code of Georgia 16-11-101.1et seq; 16-11-170 et seq.

Source of information. Georgia Bureau ofInvestigation, Crime Information Center.

Contact. Terry Gibbons, Bureau of InvestigationCrime Information Center, P.O. Box 370808, Decatur,GA 30037, (404) 244-2638.


Hawaii


Prohibited persons. State law prohibits ownership,possession, or control of a firearm by a person who is afugitive from justice; indicted or bound over for orconvicted in Hawaii or elsewhere of a felony, a crime ofviolence, or an illegal drug sale; addicted to drugs oralcohol; acquitted of a crime on grounds of mentaldisease; diagnosed as having significant behavioral,emotional, or mental disorders; under 25 years old andadjudicated to have committed certain crimes; orsubject to a restraining order that prohibits firearmpossession. A U.S. citizen must be 21 or more yearsof age to apply for a permit to acquire. Handgun permitapplicants must complete a hunter education or firearmsafety course. A long gun cannot be transferred to aperson under the age of 18.

Restoration of rights. A convicted felon may possessa firearm if the right to acquire firearms was specificallyrestored by a governor's pardon.

Prohibited firearms. Since July 1, 1992, an assaultpistol cannot be brought into Hawaii and, if legallyowned before that date, can only be transferred to alicensed dealer or a county chief of police. Possession,sale, or transfer of an automatic firearm or a shortbarrel rifle or shotgun is prohibited. It is unlawful topossess or sell a handgun made of zinc alloy with amelting temperature of less than 800 degreesFahrenheit.

Regulated sales. Hawaii law requires a permit toacquire the ownership of any firearm. A firearmsdealer is required to have a State license.

Permits. A permit to acquire, valid for 10 days, isrequired for every purchase of a handgun. A permit toacquire, valid for 1 year, is required for unlimitedpurchases of long guns. A license is needed to carry ahandgun. Certain aliens may obtain a permit to acquireor use a firearm.

Background checks. Four police departments arepoints of contact for the NICS and conduct checksrequired by Federal and State law on applicants forpermits to acquire handguns or long guns. State lawmandates that a permit application be approved ordenied within 20 days. ATF allows permits to acquireand licenses to carry to be used for purchases in lieu ofthe NICS check.

Waiting period. A 14-day waiting period, whichbegins when an application is filed, must expire beforea permit to acquire can be issued, regardless of whena background check is completed.

Purchaser fees. First-time permit applicants arecharged $24 to subsidize the FBI fingerprint check.

State data. Hawaii’s criminal justice informationsystem contains criminal histories, domestic violencemisdemeanors (flagged records), and some restrainingorders. A wants and warrants file is being developed. Criminal histories may include an acquittal by reason ofinsanity or an involuntary commitment to a mentalinstitution. A State mental health facility database isqueried and files are manually reviewed for names witha positive hit. Data may be obtained from a privatemental health agency if a permit applicant signs awaiver or the agency receives State funding.

Check processing time. No statewide information isavailable.

Retention of records. Information on permitapplications is retained permanently.

Registration. All firearms acquired in Hawaii orbrought into the State are required to be registered,except for certain antique or inoperable devices.

Appeals of denials. State law does not provide anappeal procedure for permit denials.



Relevant laws. Hawaii Revised Statutes 134-1 et seq.

Source of information. Hawaii Criminal Justice DataCenter; Honolulu Police Department.

Contact. Liane Moriyama, Criminal Justice DataCenter, 465 South King Street, Room 101, Honolulu,HI 96813, (808) 587-3110.


Idaho


Prohibited persons. Idaho law does not allowpersons convicted of certain felonies to ship, transport,possess, or receive firearms. It is unlawful for personswho were previously convicted of these felonies (orcomparable offenses in other U.S. jurisdictions) topurchase, own, possess, or have custody or control ofany firearm, unless the conviction was nullified byexpungement, pardon, setting aside the conviction, orrestoration of civil rights. A firearm cannot be sold to orpossessed by a minor under the age of 18 without thewritten consent of a parent or guardian.

Restoration of rights. Some convicted felons regainfirearm rights upon completion of imprisonment,probation, or parole. Other felons, except for thoseconvicted of specified offenses, may apply to thecommission of pardons and parole for restoration offirearm rights if 5 years have elapsed after finaldischarge.

Prohibited firearms. None.

Regulated sales. State law does not requirebackground checks on firearms purchasers. Residentsof contiguous States may purchase long guns in Idahounless otherwise prohibited.

Permits. No permit is required to purchase firearms. A permit is required to carry a concealed weapon.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inIdaho contact the FBI for all background checksrequired by the Brady Act. County sheriffs conductbackground checks on applicants for concealedweapon permits. ATF allows a holder of a validconcealed weapon permit to purchase a firearm withouta new NICS check.



State data. Idaho maintains fully automated fugitiveand criminal history data on a statewide network, aswell as a sex offender registry. Domestic violencemisdemeanor convictions are found within criminalhistory records and civil protection orders are enteredinto the NCIC protection order file. The State ispursuing technical improvements to misdemeanorconviction records and a feasibility study of anautomated link between law enforcement and courtsfor protection order data is underway.


Retention of records. No State requirements.


Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A personwho is denied a concealed weapon permit may bring acivil action in the county of application or Ada County.


2003/2004 legislation. Persons who were convictedof murder or voluntary manslaughter are preventedfrom shipping, transporting, possessing or receiving afirearm after discharge from custody, regardless ofwhen they were convicted.

Relevant laws. Idaho Code 18-310; 18-3302 et seq.

Source of information. Idaho State Police.

Contact. Dawn A. Peck, State Police Bureau ofCriminal Identification, 700 South Stratford, Meridian,ID 83642, (208) 884-7136.


Illinois


Prohibited persons. Firearm Owners Identification(FOID) cards cannot be issued to persons who areprohibited by any Illinois statute or Federal law. Statelaw prohibits firearm possession by a person who isunder 21 years of age and has been convicted of amisdemeanor other than a traffic offense or adjudgeddelinquent; under 21 and lacks parental consent topossess firearms; a convicted felon; a narcotics addict;mentally ill or retarded; an illegal alien; subject to aprotective order; convicted of a firearm or domesticviolence offense; or adjudicated delinquent for anoffense that would be a felony if committed by an adult. It is illegal to make a straw purchase for a prohibitedperson.

Restoration of rights. A felon may regain firearmrights if relief from an Illinois conviction is granted. Aperson who committed a forcible felony must completethe sentence and 20 years without additional violationsbefore applying to the Circuit Court. A person whocommitted a non-forcible felony may apply to theDirector of State Police.

Prohibited firearms. It is illegal to sell, manufacture,purchase, possess, or carry a machine gun, ashort-barreled rifle or shotgun, or a firearm shaped likea wireless telephone. A dealer cannot transfer ahandgun made of zinc alloy or other metal which willmelt or deform at a temperature of less than 800degrees Fahrenheit.

Regulated sales. A person who buys or redeems afirearm from a licensed dealer must display a validFOID card and undergo a background check. A privateseller is not required to request a check but must retaintransaction records for 10 years. Long guns may bepurchased in Illinois by residents of adjacent Statesand other nonresidents who meet certain requirements.

Permits. An Illinois resident must possess a validFOID card in order to buy a firearm or ammunition. The card is valid for 5 years, with no limit on thenumber of firearms purchased. State law does notprovide for concealed firearm permits.

Background checks. The Illinois State Police (ISP) isa point of contact for the NICS and conducts checksrequired by Federal and State law. Checks areconducted on applicants for FOID cards, with amaximum of 30 days allowed to process an application. A purchase from a dealer requires a valid card and an

instant check through the Firearm Transfer InquiryProgram (FTIP) Unit of ISP. Dealers use a toll free number to request checks.

Waiting period. After a sale application is filed, thewait is 24 hours for a long gun and 72 hours for ahandgun, regardless of when a check is completed.

Purchaser fees. ISP charges $5 for a FOID card and$2 for the FTIP inquiry at the time of a request from anIllinois FFL.

State data. A statewide network contains automateddata on fugitives, criminal history, and convictions. Other files cover mental health, juveniles, protectiveorders, and domestic violence convictions.

Check processing time. FTIP inquiries requiringlimited analysis are completed in less than 2 minutes. Inquires requiring a more in-depth analysis arecompleted within 3 business days, in accordance withthe time frame of the Brady Act.

Retention of records. FOID applications are retainedon microfilm and FOID denial data is kept for 10 years. FTIP denied transaction data is retained indefinitely.

Registration. Firearms are registered by some localgovernments, but not by the State.

Appeals of denials. A FOID card denial or revocationmay be appealed to the director of State Police andfurther to circuit court (denials for certain reasons canonly be appealed to circuit court). The sameprocedure applies to a purchase denial because itresults in a FOID revocation.

Arrests of denied persons. A person with anoutstanding warrant is reported by ISP to the agencywith jurisdiction over the fugitive. Denied persons arereferred to a unit within ISP which analyzes denialinformation and reports significant violations to ATF.

2003/2004 legislation. Laws regarding the waitingperiod, unlawful purchase and use of a firearm,adjudicated delinquents, and appeals were amended.

Relevant laws. Compiled Statutes 430:65/0.01 etseq; 720:5/24-1 et seq; 725:5/112A-14.5.

Source of information. Illinois State Police.

Contact. Larry A. Grubb, Acting Bureau Chief,Illinois State Police, Firearms Services Bureau, 100Iles Park Place, Springfield, IL 62708, (217) 782-3310.


Indiana


Prohibited persons. Indiana law prohibits a sale, gift,or other transfer of a handgun or an assault weapon toa person under 18 years of age, except in limitedcircumstances. It is unlawful to sell, give, or in anymanner transfer a handgun to a person who isconvicted of a felony, adjudicated a delinquent child foran act that would be a felony if committed by an adult,a drug abuser, an alcohol abuser, or mentallyincompetent. Further, it is unlawful to purchase ahandgun with the intent to transfer it to a person knownto be ineligible to receive it. A firearm cannot bepossessed by a person who is prohibited by aprotective order, has been convicted of a seriousviolent felony or domestic battery, or is less than 18years of age (except in limited circumstances).

Restoration of rights. A convicted felon's right topossess a handgun may be restored by post-convictionrelief or a governor's pardon. A person who has beenconvicted of domestic battery may petition the court forrestoration of firearm rights not earlier than 5 yearsafter the date of conviction. Persons who have beenadjudicated delinquent can regain their rights at age 23.

Prohibited firearms. It is illegal, with limitedexceptions, to manufacture, cause to be manufactured,import, keep for sale, offer or expose for sale, give,lend, or possess a sawed-off shotgun, or to own orpossess a machine gun.

Regulated sales. State law requires a backgroundcheck on a person who obtains a handgun license orbuys a handgun from a licensed dealer. Residents ofcontiguous States may purchase long guns in Indianaunless otherwise prohibited. A retail dealer ofhandguns must have a State license. It is illegal tosecure a loan by a mortgage, deposit, or pledge of ahandgun.

Permits. Indiana does not require a permit topurchase firearms. A handgun license is required forpersonal protection (concealed carry), hunting, andtarget shooting.

Background checks. The Indiana State Police (ISP)conducts background checks on applicants forhandgun licenses. A person without a license whoreceives a handgun from a dealer must undergo atelephone instant check by ISP. After receiving adealer’s request for a check, ISP has until the end ofthe next business day to advise of a prohibition. Indiana is not a point of contact for the NICS. Licensed

dealers in the State must contact the FBI for all checksrequired by the Brady Act.


Fees charged. The ISP charges $3 for an instantcheck, $5 for a hunting and target license, and $15 fora personal protection license.

State data. The statewide network available forbackground checks includes automated criminalhistory, wanted person, protection order, and juvenileoffender data. Domestic violence misdemeanorconvictions may be found in court records.

Check processing time. No information is available.

Retention of records. Limited data on approvedtransactions (buyer name, dealer and approvalnumbers, and transaction date) can be retained by ISPfor not more than one year; other data on approvalscan be retained for up to 30 days. Data on deniedtransactions are retained indefinitely.

Registration. Handguns are voluntarily registered inIndiana; there are no State requirements.

Appeals of denials. A person who is denied ahandgun by ISP may appeal to that agency or to theagency with the disqualifying record. A further appealmay be filed in circuit court. A purchase denial by theFBI may be appealed pursuant to Federal law.

Arrests of denied persons. ISP informs ATF ofpersons who submit false information on a firearmapplication. A person with an outstanding warrant isreported to the agency with jurisdiction over thefugitive.

2003/2004 legislation. A new section makes itunlawful for a person who has been convicted ofdomestic battery to knowingly or intentionally possessa firearm, unless the person's rights have beenrestored. A person who has been convicted of such acrime may petition the court for restoration not earlierthan 5 years after the date of conviction.

Relevant laws. Indiana Code 34-26-2-12; 35-47-1-1et seq.

Source of information. Indiana State Police.

Contact. Fred Pryor, State Police Firearms Division,Government Center North, 100 N. Senate Avenue,Indianapolis, IN 46204, (317) 232-8263.


Iowa

FBI conducts long gun NICS checksState requests handgun NICS checks

Prohibited persons. Applicants for permits to acquirepistols and revolvers must meet all Federalrequirements for possessing firearms. Additionally,Iowa law prohibits issuing a permit to a person who isless than 21 years of age, has been convicted of afelony, is addicted to the use of alcohol or a controlledsubstance, has a history of repeated acts of violence,has been convicted of certain misdemeanor crimes ofassault, or has been adjudged mentally incompetent. A person who is convicted of a felony or adjudicateddelinquent for conduct that would constitute a felony ifcommitted by an adult cannot possess or receive afirearm. It is illegal to sell, loan, give, or make availablea long gun to a person below the age of 18 or ahandgun to a person below the age of 21, except inlimited circumstances.

Restoration of rights. Iowa allows a convicted felon'sright to own a handgun to be restored through a pardonor a special restoration of rights with firearmsprivileges.

Prohibited firearms. It is illegal, with limitedexceptions, to knowingly possess a machine gun,short-barreled rifle, short-barreled shotgun, silencedfirearm, or any part or combination of parts designed orintended to be used to convert any device into aprohibited firearm.

Regulated sales. Permit regulations pertain to allhandgun sales by licensed dealers, pawnshops, andunlicensed persons.

Permits. Iowa requires an annually renewed permit toacquire pistols or revolvers, unless the purchaser holdsa valid permit to carry firearms. An unlimited numberof handguns can be purchased with either permit.

Background checks. Ninety-nine county sheriffs arepartial points of contact for the NICS, conductingchecks of applicants for permits to acquire or carryhandguns. State employees and nonresidents arechecked by the Iowa Department of Public Safety. Licensed dealers in Iowa contact the FBI for checks onpersons who purchase long guns or redeem a firearmwithout a permit. ATF allows a holder of a valid permitto acquire or carry to make a purchase without a newNICS check.

Waiting period. An Iowa permit to acquire handgunsbecomes valid 3 days after the date of applicationunless the applicant is found to be disqualified.

Fees charged. There is no statutory fee for a permitto acquire handguns. The statutory fee for a newpermit to carry weapons is $10 and a renewal is $5. Some sheriffs charge a fee for processing a permit.

State data. Iowa maintains fully automated fugitive,criminal history, protective order, and flagged domesticabuse misdemeanor data on a statewide network. Checking agencies also have access to someprobation, parole, and juvenile data. Insanitydispositions may be included in criminal histories andsome agencies check county court records to obtainmental incompetence data.


Retention of records. Sheriffs retain approvedpermits for the remainder of the issuing year plus anadditional 3 years.


Appeals of denials. A person who is denied a permitunder Iowa law can appeal to Iowa district court. Aperson who is denied under Federal law can appeal tothe FBI’s NICS Program Office.

Arrests of denied persons. Persons with outstandingwarrants are arrested by the checking agency in somecases.


Relevant laws. Iowa Code 702.7; 724.1 et seq.

Source of information. Iowa Department of PublicSafety.

Contact. Sam Knowles, Department of Public Safety,Wallace State Office Building, Des Moines, IA 50319,(515) 281-7663.


Kansas


Prohibited persons. It is illegal to knowingly transfer afirearm with a barrel less than 12 inches to a personunder 18 years of age, or to knowingly transfer afirearm to a person who is both addicted to and anunlawful user of a controlled substance, or has beenconvicted of a felony described in the criminal disposalof firearms statute. A firearm cannot be possessed bya person who is both addicted to and an unlawful userof a controlled substance, or has been convicted of afelony or adjudicated as a juvenile offender, undercircumstances described in the criminal possession ofa firearm statute. A person less than 18 years of agecannot knowingly possess a firearm with a barrel lessthan 12 inches except in limited circumstances.

Restoration of rights. The prohibition againstpossession of a firearm no longer applies if 5 years (or10 years in certain cases) have elapsed since the dateof conviction for a felony or release from imprisonmentfor a felony (whichever date is later) or adjudication asa juvenile offender. Rights are not restored to certainoffenders who possessed a firearm at the time ofcommission of the offense. An expungement or apardon may also restore possession rights in certaincases.

Regulated sales. Kansas law does not requirebackground checks on firearms purchasers. Residentsof contiguous States are allowed to purchase long gunsfrom a licensed importer, manufacturer, dealer, orcollector in Kansas unless otherwise prohibited.

Prohibited firearms. It is a criminal use of a weaponto knowingly sell, manufacture, purchase, possess, orcarry a shotgun with a barrel less than 18 inches inlength or any other firearm designed to discharge orcapable of discharging automatically more than onceby a single function of the trigger. This prohibition doesnot apply to certain persons.

Permits. A permit is not required to purchase afirearm. State law does not provide for a permit tocarry a concealed firearm.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inKansas contact the FBI for all checks required by theBrady Act.


Purchaser fees. No State requirements.

State data. Kansas maintains criminal history,protection from abuse order, juvenile offender, andoffender registration data on the statewide criminaljustice information system. Domestic violencemisdemeanor convictions can be identified withincriminal history by statutory citation.




Appeals of denials. A person who is denied a firearmby the FBI can appeal under Federal law.



Relevant laws. Kansas Statutes 21-4201 et seq.

Source of information. Kansas Bureau ofInvestigation.

Contact. David Sim, Bureau of Investigation, 1620 Southwest Tyler, Topeka, KS 66612, (785) 296-8265.


Kentucky


Prohibited persons. Kentucky law prohibits thepossession, manufacture, or transport of a firearm by aperson who has been convicted of a felony in any Stateor Federal court, and by any youthful offenderconvicted of a felony offense under the laws ofKentucky. No person shall knowingly sell or transfer afirearm to any person prohibited from possessing thefirearm. A handgun cannot be possessed,manufactured, or transported by a person under theage of 18 except in limited circumstances. It isunlawful for any person to intentionally, knowingly, orrecklessly provide a handgun to a person under theage of 18, or for a parent or guardian to provide ahandgun to a juvenile child or ward in certaincircumstances.

Restoration of rights. A convicted felon's right topossess a firearm can be restored through a fullpardon from the governor or the president, or throughrelief by the secretary of the treasury.


Regulated sales. Residents of States contiguous tothe Commonwealth of Kentucky may purchase rifles,shotguns, and any other firearms which they arepermitted to purchase under federal law from properlylicensed dealers, manufacturers, importers, orcollectors located in the Commonwealth. All suchsales shall conform to the requirements of Federal law,the Kentucky Revised Statues, applicable localordinances, and the law of purchaser’s State.

Permits. Kentucky does not require a permit topurchase a firearm. A license is required to carry aconcealed firearm.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inKentucky contact the FBI for all background checksrequired by the Brady Act.



State data. Kentucky maintains fully automatedfugitive, criminal history, and domestic violencerestraining order data on a statewide network. Misdemeanor convictions involving domestic violencemay be found in court records and the Kentucky StatePolice criminal history repository. Review of thespecific facts underlying a conviction must be

undertaken to determine whether the offense inquestion satisfies the criteria of “misdemeanor crime ofdomestic violence” as set forth in 18 U.S.C.921(a)(33).





Arrests of denied persons. When a person subjectto a restraining order attempts to buy a firearm inviolation of federal law, the Justice Cabinet must makea reasonable effort to notify the petitioner of the order ifa notification request has been made.


Relevant laws. Kentucky Revised Statutes 237.020 etseq; 431.064; 527.010 et seq.

Source of information. Kentucky State Police.

Contact. Joe West, State Police Support Services, 1250 Louisville Road, Frankfort, KY 40601, (502) 695-6205.


Louisiana


Prohibited persons. Louisiana law prohibitspossession of a firearm by a person who has beenconvicted of certain State felonies (or a similar offensein another jurisdiction), unless the person has not beenconvicted of a felony for a period of 10 years from thedate of completion of sentence, probation, parole, orsuspension of sentence. A firearm cannot be sold orotherwise delivered to a person under the age of 18. Itis unlawful for a person who has not attained the age of17 years to possess a handgun except in limitedcircumstances. Ownership or possession of a firearmmay be prohibited under a misdemeanor sentence fordomestic abuse battery.

Restoration of rights. A convicted felon's right topossess a firearm can be restored in Louisiana througha governor's pardon or by certain law enforcementofficers. Upon completion of sentence, probation,parole, or suspension of sentence, convicted felonsmay apply to the sheriff of their parish of residence (orin Orleans parish, the superintendent of police) for apermit to possess firearms.

Prohibited firearms. No person (with limitedexceptions) shall sell, keep or offer for sale, loan orgive away, purchase, possess, carry, or transport amachine gun.

Regulated sales. State law does not requirebackground checks on firearms purchasers. Residentsof contiguous States may purchase long guns inLouisiana unless otherwise prohibited.

Permits. A permit is required to carry a concealedhandgun. A person authorized by law to purchase amachine gun from a manufacturer or merchant mustpresent a permit.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inLouisiana contact the FBI for all background checksrequired by the Brady Act.



State data. A fully automated statewide computernetwork contains fugitive data and criminal historiesthat include domestic violence offenses. A protectiveorder registry is maintained by the judicialadministrator’s office. Documentation of services ortreatment received at a public mental health facility is

available to the State Police for concealed handgunpermit checks.



Registration. Machine guns, firearms with obliteratedserial numbers, short barrel rifles and shotguns, andcertain modified firearms are required to be registered.



2003/2004 legislation. Convictions for sex offenseswere added to the list of crimes that prohibit a personfrom possessing a firearm or carrying a concealedweapon. A new law created a domestic abuse batterycrime and provided that a misdemeanor sentence maybe suspended if the offender refrains from owning orpossessing a firearm for the entire length of sentence.

Relevant laws. Louisiana Revised Statutes 14:35.3;14:91; 14:95 et seq; 40:1379.3: 40:1751 et seq.

Source of information. Louisiana State Police.

Contact. Kenneth Martin, State Police ConcealedHandgun Section, P.O. Box 66375, Baton Rouge, LA79896, (225) 925-4867.


Maine


Prohibited persons. Maine law prohibits ownership,possession, or control of a firearm by a person who hasbeen convicted or found not criminally responsible byreason of mental disease or defect of committing acrime punishable by imprisonment for 1 year or more, acrime in another State that is similar to an offensepunishable by imprisonment for 1 year or more inMaine, or a firearm or dangerous weapon crime;engaged in conduct as a juvenile that if committed byan adult would have been a disqualifying conviction; oris subject to a domestic violence restraining order. Anindividual may not transfer a handgun to a personunder 18 years of age (except in limited circumstances)and a licensed dealer may not sell or deliver a handgunto a person under 21 years of age. It is unlawful for aperson other than a parent or guardian to transfer along gun to a person under 16 years of age.

Restoration of rights. Firearm rights may be restoredby a court order or a governor's pardon. A personconvicted of a disqualifying offense may apply to theCommissioner of Public Safety for a permit to possessa nonconcealable firearm if 5 years have elapsed sincethe date of final discharge from the sentence. Thecommissioner's decision may be appealed to superiorcourt. (This permit is limited to weapons such as blackpowder guns that are not defined as firearms underFederal law.) Nonviolent juvenile offenders regainfirearm rights 3 years after completion of theirdispositions or upon reaching 18 years of age,whichever is later.

Prohibited firearms. It is illegal for a person topossess a machine gun, except for law enforcement ormilitary personnel in the discharge of official duties or ifthe machine gun is possessed in accordance with theNational Firearms Act.


Permits. Maine does not require a permit to purchasefirearms. A permit is required to carry a concealedfirearm. An offender whose rights have been restoredmay be issued a possession permit but cannot carry aconcealed firearm. This permit does not authorize theholder to possess a weapon defined as a firearm underFederal law.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inMaine contact the FBI for all checks required by theBrady Act.



State data. State agencies maintain criminal history,fugitive, juvenile offense, domestic violence restrainingorder, and motor vehicle data. Criminal histories maycontain insanity and incompetent to stand trialdispositions.


Retention of records. An issuing authority mustmake permanent records of concealed firearmspermits that are issued.




2003/2004 legislation. A new law allows a court thatissues a domestic violence restraining order to requirethat firearms owned by the defendant be temporarilyrelinquished. Concealed firearm permit laws wereamended to be consistent with the statute regardingpossession of firearms by prohibited persons.

Relevant laws. 15 MRSA 393; 17-A MRSA 554A; 17-A MRSA 554B; 17-A MRSA 1051; 25 MRSA 2001-2006.

Source of information. Maine State Police.

Contact. Sgt. William Gomane, Maine State PoliceSpecial Investigations Unit, State House Station #164,Augusta, Maine 04333, (207) 624-7212.


Maryland

FBI conducts long gun NICS checks State requests handgun NICS checks

Prohibited persons. A "regulated firearm" (handgunor assault weapon) cannot be transferred to orpossessed by a person who is convicted of a crime ofviolence, a felony, or any common law offense ormisdemeanor that carries more than a 2-year term ofimprisonment; a fugitive; an habitual drunkard; addictedto a controlled substance; mentally disordered asdefined in State law; under 21 years of age; less than30 years of age and was adjudicated delinquent; orsubject to a protective order. In addition, it is illegal totransfer a regulated firearm to a person who is visiblyunder the influence of alcohol or drugs or a participantin a straw purchase. A regulated firearm buyer isrequired to complete a safety training course. A longgun cannot be purchased by a person under the age of18 or possessed by a person who suffers from amental disorder.

Restoration of rights. The right to own a firearm maybe restored by a governor's pardon.

Prohibited firearms. It is illegal, with limitedexceptions, to possess or transfer an assault pistol onor after 7/1/94, or to possess a short-barreled rifle orshotgun. Any type of handgun that is not on theMaryland handgun roster may not be manufactured forsale in the State.

Regulated sales. Background checks are required onall persons who buy a regulated firearm. A dealer isrequired to have a Maryland regulated-firearms license. An unlicensed person selling at a gun show mustobtain a temporary transfer permit, have a fixeddisplay, and comply with the same restrictions imposedupon licensed dealers. Regulated firearm purchasersmust have resided in Maryland for 90 days, and arelimited to one purchase every 30 days. Residents ofadjacent States may purchase long guns from licenseddealers in Maryland unless otherwise prohibited.

Permits. A permit is not required to purchase firearms. A permit issued by the secretary of the Maryland StatePolice (MP) is required to carry a handgun.

Background checks. The Maryland State Police is apartial point of contact for the NICS and conductschecks on regulated firearms buyers. Dealers transmitapplications to MP by certified mail or fax. Privatesales are processed through dealers or MPinstallations. Checks must be completed within 7 daysunless placed on hold because of a criminalproceeding without a disposition. The FBI checks all

redemptions, and sales of long guns not regulated byMaryland law.

Waiting period. Transfers of regulated firearmsrequire a 7-day waiting period that begins when anapplication is forwarded, regardless of when a check iscompleted.

Purchaser fees. A $10 application fee is required.

State data. Maryland maintains fully automatedfugitive and criminal history files, plus restraining order,flagged domestic violence misdemeanor, probation,and parole data. Information on mentally ill personswho attempt to purchase firearms is maintained whenit is voluntarily provided by family members or otherpersons.

Check processing time. Routine applications areprocessed in about 5 days. Additional research isnormally completed in less than 1 month.

Retention of records. Permanent transactionrecords, containing the caliber, make, model, serialnumber, and special characteristics of each regulatedfirearm transferred, are maintained by MP. Deniedapplications are maintained indefinitely.

Registration. Machine guns and assault pistols(owned before 7/1/94) must be registered.

Appeals of denials. A person denied a regulatedfirearm can appeal to MP and further to State court.

Arrests of denied persons. All denied persons arereported to the MP Firearms Enforcement Section.

2003/2004 legislation. Regulated firearms laws andother provisions in the former Article 27 of theMaryland Code were recodified as a new Public SafetyArticle.

Relevant laws. Code of Maryland: Criminal Law Title4; Public Safety Title 5.

Source of information. Maryland State PoliceLicensing Division, Firearms Registration Section.

Contact. W.T. Szimanski, State Police LicensingDivision, Firearms Registration Section, 7751 Washington Boulevard, Jessup, MD 20794, (410) 799-0191.


Massachusetts


Prohibited persons. A firearm identification card orlicense to carry will not be issued to a person who isconvicted or adjudicated a youthful offender ordelinquent child in Massachusetts, another State, or afederal jurisdiction for commission of a felony, amisdemeanor punishable by more than 2 yearsimprisonment, a violent crime, or a weapon or drugoffense; or to a person who is mentally ill, a drug oralcohol addict, under age, subject to a protection order,or a wanted person. An identification card or a licensecannot be used to buy a firearm, rifle, or shotgun forthe unlawful use of another or for transfer to anunlicensed person. A permit to purchase may beissued with restrictions to a person who is not a minorif it appears that the purchase is for a proper purpose.

Restoration of rights. A person who committed adisqualifying adult or juvenile offense (except forcertain offenses) may possess a rifle or shotgun 5years after completion of a sentence or an adjudicationwithout new violations, if this right is fully restored inthe jurisdiction where the adjudication or convictionoccurred. Addicted persons may apply for restorationif 5 years have elapsed after completion of treatment.

Prohibited firearms. It is illegal to possess a machinegun (with limited exceptions) or a sawed-off shotgun. A firearm cannot be sold if it does not meet certainmanufacturing standards or pass a firing test.

Regulated sales. A permit is required to receive arifle, shotgun, or "firearm" from a dealer or privateperson. Weapon types are mainly distinguished bybarrel length: rifles, equal to or greater than 16 inches;shotguns, equal to or greater than 18 inches;"firearms," less than 16 inches or shotguns less than18 inches. Firearms cannot be pawned. A dealermust have a State license.

Permits. Two classes of licenses to carry allow, for 4years, possession of certain types of weapons: ClassA, large capacity firearms, rifles, and shotguns; ClassB, non-large capacity firearms, and large capacity riflesand shotguns. A firearms identification card allows, for4 years, possession of rifles, shotguns, ammunition,and chemical mace or similar substances. Certainfirearm purchases require a permit that is valid for 10days. A machine gun permit may be issued to a policeinstructor or a collector. Temporary licenses andpermits may be issued to non-residents and aliens,with certain restrictions.

Background checks. Licensing authorities (351 policedepartments) forward license and identification cardapplications to the Massachusetts State Police (MP),which conducts criminal history fingerprint checks. MPinforms a licensing authority of check results within 30days; the authority renders a decision within 40 daysfrom the date of application. The State is not a point ofcontact for the NICS. Dealers contact the FBI forchecks required by the Brady Act.


Purchaser fees. A $100 fee is charged for licenses tocarry, identification cards, and permits to purchase.

State data. The State maintains fully automatedcriminal history, probation, parole, juvenile, domesticrestraining order, and fugitive data. Domestic assaultand other violent misdemeanors are found in criminalhistories. Licensing authorities contact the Departmentof Mental Health by phone or e-mail. The State willnotify the licensing authority of any disqualifying eventswhich may occur after the license is issued.

Check processing time. No data is available.

Retention of records. Licensing authorities keepcopies of approved and denied applications indefinitely. Information on applicants is also maintained in theFirearms Record Bureau database.

Registration. Rifles, shotguns, and firearmspurchased in Massachusetts are registered. Newresidents have 60 days to register their firearms.

Appeals of denials. Identification card and license tocarry denials can be appealed to State district court.

Arrests of denied persons. An applicant who isdenied a license or identification card may be arrested ifthe person has an outstanding warrant.

2003/2004 legislation. Firearm identification card andlicense to carry fees were increased to $100.

Relevant laws. Massachusetts General Laws, chapter140, section 121 et seq; chapter 269, section 10.

Source of information. Massachusetts CriminalHistory Systems Board, Executive Office of PublicSafety.

Contact. Barry LaCroix, Criminal History SystemsBoard, 200 Arlington Street, Suite 2200, Chelsea, MA02150, (617) 660-4704.


Michigan


Prohibited persons. A license to purchase ahandgun may not be issued to a person subject to anorder or disposition pursuant to: involuntaryhospitalization or alternative treatment, legalincapacity, personal protection, stalking, a restrainingorder, release subject to protective conditions, or foundnot guilty by reason of insanity. A license may not beissued to a person who is under 18, is not a U.S.citizen or resident alien and a resident of Michigan, hasa pending felony charge, is not prohibited frompossessing, using, or transporting a firearm due tocertain types of felonies, has been adjudged insane, isunder an order of involuntarily committed, or has beenadudged legally incapacitated. A license may bedenied if the licensing agency has probable cause tobelieve that the applicant would be a threat to himselfor herself or to other individuals, or would commit anoffense with the pistol. An applicant must score 70%or more on a pistol safety questionnaire. It is illegal tosell a long gun to a person who is under 18 or hasbeen indicted for or convicted of a felony. A firearmcannot be possessed by a person less than 18 who isnot under the supervision of an individual 18 or older.

Restoration of rights. State law allows personsconvicted of nonviolent or drug offenses to regain theright to own a handgun 3 years after completion oftheir sentences. Violent offenders may have theirrights restored 5 years after completion of a sentence,if approved by a county Concealed Weapons LicensingBoard, or upon appeal to circuit court. Rights may alsobe restored if a conviction is expunged or set aside orthe offender is pardoned. However, current Federallaw does not recognize restoration by a licensing boardafter July 1, 2001.

Prohibited firearms. A person shall not manufacture,sell, offer for sale, or possess a machine gun or ashort-barreled shotgun or rifle, with limited exceptions.

Regulated sales. A person shall not purchase ahandgun without first having obtained a license. Handguns cannot be pawned for resale. Residents ofcontiguous States may purchase long guns inMichigan unless otherwise prohibited.

Permits. A license (valid for 10 days) is required forevery purchase of a handgun unless the purchaserholds a license to carry a concealed handgun.

Background checks. Checks on applicants forhandgun purchase licenses are conducted by 595

sheriffs and police departments, which are partial pointsof contact for the NICS. Licensed firearms dealers inMichigan must contact the FBI for checks on sales andredemptions of long guns required by the Brady Act. ATF allows a handgun purchase license (but not aconcealed carry license) to be used at the point of salein lieu of the NICS check.



State data. Fully automated fugitive, criminal history,restraining order, probation/parole, adjudicated mentallydefective, and juvenile (if reportable to the State) dataare available statewide. Criminal histories may containinsanity dispositions. Flagged domestic violencemisdemeanors may be located through an automatedpointer that requires manual research. Somecorrections data are also available.

Check processing time. Routine license applicationsare normally processed by non-automated agencies inless than 1 hour, and by automated agencies in lessthan 5 minutes. Applications requiring additionalresearch are normally processed in less than 5 days.

Retention of records. State law requires that sheriffand police departments retain approved licenseapplications for 6 years. Denied applications are kept atthe discretion of the licensing agencies.

Registration. Michigan requires registration ofhandguns. Copies of the registration are retained bythe registering law enforcement agency and theMichigan State Police.

Appeals of denials. A person denied a handgunpurchase or concealed carry license can appeal tocircuit court or through NICS.

Arrests of denied persons. Persons with outstandingwarrants are arrested in some cases.

2003/2004 legislation. Pistol licensing and safetyinspection requirements were amended.

Relevant laws. Michigan Compiled Laws 3.111 et seq;28.421 et seq; 750.222 et seq.

Source of information. Michigan State Police.

Contact. Katie Bower, State Police Criminal JusticeInformation Center, 7150 Harris Drive, Lansing, MI48913, (517) 322-5518.


Minnesota


Prohibited persons. Minnesota law prohibits firearmpossession by certain persons who are under the ageof 18, convicted of or adjudicated delinquent for orcharged with committing crimes of violence, mentallyill, drug addicts, domestic violence offenders, convictedof a crime punishable by imprisonment for more than 1year, fugitives, or illegal aliens, or who have beendishonorably discharged from the military or haverenounced U.S. citizenship.

Restoration of rights. A person convicted of oradjudicated delinquent for committing a crime ofviolence cannot possess a firearm unless the offenderwas discharged from a sentence before August 1,1993, firearm rights have been restored by court orderunder 609.165.1(d), and no further conviction oradjudication for another crime of violence hasoccurred. A person convicted of a gross misdemeanormay regain firearm rights if 3 years have expired sincethe date of conviction.

Prohibited firearms. It is illegal, with limitedexceptions, to own or possess a machine gun orshort-barreled shotgun. A “Saturday Night SpecialPistol” cannot be sold by a licensed dealer ormanufactured or assembled by any person.

Regulated sales. A background check is required ona person who attempts to obtain a permit or buy ahandgun or an assault weapon from a licensed dealer. Residents of contiguous States may purchase longguns in Minnesota unless otherwise prohibited.

Permits. A resident may obtain a transferee permitwhich is valid for 1 year and allows unlimitedpurchases of handguns and assault weapons. Apermit to carry is required to possess a concealedfirearm and also constitutes a transferee permit. In thealternative, a buyer may undergo a background checkfor each purchase of an unlimited number of handgunsor assault weapons.

Background checks. Five-hundred sixty-eightsheriffs and police departments conduct checks afterreceiving transferee permit applications or transferreports (on persons without permits) from dealers. Apermit shall be issued or denied within 7 days ofapplication. After a transfer report is filed, a dealermay complete the transaction if a notice ofdisqualification from the checking agency is not

received within 5 business days. In addition, dealers inMinnesota contact the FBI for all checks required by theBrady Act.

Waiting period. No person shall deliver a handgun orassault weapon until 5 business days after the date theagreement to transfer is delivered to a chief of police orsheriff. All or part of the waiting period may be waivedby the checking agency because of a threat to the life ofthe transferee or a member of the transferee'shousehold.

Purchaser fees. There is no fee for a transferee permitor a transfer report. A fee not to exceed $10 may becharged for a check on a carry permit applicant.

State data. A statewide network maintains automatedcriminal history, fugitive, juvenile, and order forprotection data. Domestic violence misdemeanors areidentified in criminal histories by the offense charge. Checking agencies call the Department of HumanServices for involuntary commitment data. Criminalhistories may contain incompetent to stand trial andinvoluntary commitment dispositions.

Check processing time. Background checks arenormally completed in less than 5 days.

Retention of records. Copies of applications areretained at the discretion of the checking agency.However, a sheriff or chief of police will not maintain anyrecord of an approved transferee's identity if that personrequests return of the transfer report.

Registration. A report of ownership must be filed for amachine gun or short-barreled shotgun.

Appeals of denials. A person who is denied a permitor firearm can appeal to the district court.

Arrests of denied persons. A person who makes afalse statement on a permit or transfer application canbe charged with a gross misdemeanor.

2003/2004 legislation. Restoration of rightsprocedures were amended for persons who commit acrime of violence or a gross misdemeanor.

Relevant laws. Minnesota Statutes 609.165; 609.66 etseq; 624.71 et seq.

Source of information. Minnesota Department ofPublic Safety.

Contact. Robert Johnson, Dept. of Public Safety,Bureau of Criminal Apprehension, 1430 MarylandAvenue East, St. Paul MN 55106, (651) 793-1012.


Mississippi


Prohibited persons. Mississippi law makes itunlawful to sell, give, or lend a firearm to a personwhom the transferor knows to be a minor under 18years of age, or intoxicated. A person convicted of afelony under the laws of Mississippi, any other State, orthe United States cannot possess any firearm. It is anact of delinquency for a person under the age of 18years to knowingly possess a handgun, except inlimited circumstances.

Restoration of rights. A convicted felon's right topossess a firearm can be restored by a governor'spardon, Federal relief, or a certificate of rehabilitationfrom the court of conviction.


Regulated sales. State law does not requirebackground checks on firearm purchasers.

Permits. A permit is not required to purchasefirearms. A license is required to carry a concealedhandgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inMississippi contact the FBI for all background checksrequired by the Brady Act. The Mississippi Departmentof Public Safety conducts background checks onapplicants for concealed handgun licenses. ATFallows a valid license issued to an individual to be usedfor a purchase without a new NICS check.

Waiting period. There is no State waiting period topurchase a firearm.


State data. Mississippi maintains an automatedmessage switch that allows local agencies to accessthe National Crime Information Center (NCIC) and theInterstate Identification Index (III). Arrest anddisposition records on felonies and misdemeanors areavailable online, along with fugitive from justiceinformation.

Check processing time. No statewide data isavailable.

Retention of records. Information on persons whoare denied a concealed handgun license is retainedindefinitely.


Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A personwho is denied a concealed handgun license may appealto the commissioner of public safety and further to thecircuit or county court.



Relevant laws. Mississippi Code 45-9-101; 97-37-1 etseq.

Source of information. Mississippi Department ofPublic Safety. (Note: The Department of Public Safetyis the agency responsible for the issuance of individualfirearm permits and does not regulate the purchasing offirearms.)

Contact. Judy Tucker, Department of Public Safety,Firearm Permit Unit, P.O. Box 958, Jackson, MS 39205,(601) 987-1586.


Missouri

FBI conducts NICS checks State conducts separate checks

Prohibited persons. Missouri law requires that anapplicant for a permit to acquire a concealable firearm(handgun) be at least 21 years of age, a U.S. citizen,and a State resident for at least 6 months. A permitcannot be issued to a person who has pled guilty to,been convicted of, is a fugitive from justice for, orcurrently charged with a crime punishable byimprisonment for a term exceeding 1 year under thelaws of any State or the U.S., or a weaponsmisdemeanor; has been dishonorably discharged fromU.S. armed forces; is publicly known to be habituallyintoxicated or drugged; is currently adjudged mentallyincompetent; has been committed to a mental healthfacility; or has rendered a false statement on theapplication. It is unlawful to transfer a firearm to aperson who is not entitled to possess it, is less than 18years old (without consent of the child's parent orguardian), or is intoxicated. It is unlawful to receive ahandgun without obtaining a valid permit or to deliver ahandgun to a person who lacks a valid permit.

Restoration of rights. A convicted felon's right toown a handgun can be restored through a governor'spardon.

Prohibited firearms. It is illegal, with limitedexceptions, to knowingly possess, manufacture,transport, repair, or sell a machine gun or ashort-barreled rifle or shotgun.

Regulated sales. Permit regulations pertain to allhandgun transfers by licensed dealers, pawnshops,and unlicensed persons. Residents of contiguousStates may purchase long guns in Missouri unlessotherwise prohibited.

Permits. Missouri mandates a permit to acquire aconcealable firearm, which is valid for 30 days and canbe used to purchase one handgun. An endorsementissued by a county sheriff is required to carry aconcealed handgun.

Background checks. One-hundred fourteen countysheriffs and the St. Louis County Police Departmentconduct background checks on applicants for permitsto acquire handguns. A permit shall be issued ordenied within 7 business days. The State is not a pointof contact for the NICS. Licensed firearms dealers inMissouri contact the FBI for all checks required by theBrady Act.


Purchaser fees. A fee of $10 is charged for a permit.

State data. Missouri maintains fully automated fugitive,criminal history, domestic violence restraining order,probation, and parole data on a statewide computernetwork. Criminal histories may contain flaggeddomestic violence misdemeanor convictions andinsanity dispositions. The State is pursuing technicaland administrative improvements to record systems fordomestic violence misdemeanor convictions andrestraining orders.


Retention of records. Sheriffs are required to keep arecord of all applications for permits and the actionstaken on applications, and to preserve all returnedpermits. The permit statute does not specify a recordretention period.

Registration. Handguns are not registered by theState, but are registered by county and municipal lawenforcement agencies.

Appeals of denials. A person who is denied a permitmay appeal to small claims court in the county wherethey reside and the permit was requested.

Arrests of denied persons. An applicant may bearrested for obtaining a permit upon a falserepresentation.

2003/2004 legislation. Conceal and Carry WeaponLaw: this section authorizes county sheriffs to issuepermits to carry concealed handguns, pursuant tosection 571.101 RSMo.

Relevant laws. Missouri Revised Statutes 407.500,407.505; 571.010 et seq.

Source of information. Missouri State Highway Patrol.

Contact. Timothy P. McGrail, State Highway Patrol,Criminal Records and Identification Division, P.O. Box568, Jefferson City, MO 65102, (573) 526-6160.


Montana


Prohibited persons. Montana law makes it unlawfulfor a person to purposely or knowingly purchase orpossess a firearm after the person has been convictedof certain felonies or an equivalent offense under thelaw of another State or the United States. A minorchild under the age of 14 years cannot carry or usefirearms in public without adult supervision.

Restoration of rights. A convicted felon's right topossess a firearm can be restored by a governor'spardon or upon completion of the sentence, except forcertain offenders who must apply to the district courtfor a permit to purchase and possess firearms.

Prohibited firearms. It is an offense, except undercertain circumstances, to possess a sawed-off rifle ora sawed-off shotgun.

Regulated sales. State law does not requirebackground checks on firearms purchasers. Residents of contiguous States may purchase longguns in Montana unless otherwise prohibited.

Permits. A permit to purchase a firearm is onlyrequired for certain offenders who must apply to thedistrict court. A permit is required to carry a concealedweapon.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inMontana contact the FBI for all checks required by theBrady Act. County sheriffs conduct backgroundchecks on applicants for concealed weapon permits. ATF allows a holder of a valid concealed weaponpermit to purchase a firearm without a new NICScheck.



State data. Montana maintains fully automatedfugitive and criminal history data on a statewidenetwork. Criminal histories may contain flaggeddomestic violence misdemeanor convictions anddispositions of acquitted by reason of mental defect. State law requires entry of domestic violencerestraining orders into the NCIC protection order file. Technical and administrative improvements todomestic violence records are underway.




Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A denial of aconcealed weapon permit application may be appealedto Montana district court.

Arrests of denied persons. A person who is denied aconcealed weapon permit may be arrested if wanted inan outstanding warrant.


Relevant laws. Montana Code 45-8-301 et seq;46-18-801.

Source of information. Montana Department ofJustice.

Contact. Nancy Bloom, Department of Justice, CJISBureau, 303 N. Roberts, P.O. Box 1417 Helena, MT59620, (406) 444-2802.


Nebraska


Prohibited persons. A handgun transfer certificatecannot be issued to a person who is under 21 years ofage or whose purchase or possession of a handgunwould be in violation of applicable Federal, State, orlocal law. It is unlawful to knowingly and intentionallyobtain a handgun for the purpose of transferring it to aprohibited person. It is unlawful for a handgun to bepossessed by or transferred to a person under the ageof 18, except in limited circumstances. A person whohas previously been convicted of a felony in any UnitedStates jurisdiction or is a fugitive from justice cannotpossess a firearm.

Restoration of rights. A person who was convictedof a felony can possess a firearm if restoration of suchrights is included in a pardon.

Prohibited firearms. It is an offense, except undercertain circumstances, to possess a sawed-off rifle ora sawed-off shotgun.

Regulated sales. A transfer certificate is required topurchase, lease, rent, or receive a handgun from alicensed dealer or an unlicensed person, with limitedexceptions.

Permits. The transfer certificate needed to receive ahandgun is valid for up to 3 years and can be used foran unlimited number of purchases. State law does notprovide for concealed firearm permits.

Background checks. Ninety-three county sheriffsand the Lincoln and Omaha Police departments arepartial points of contact for the NICS. These agenciesconduct checks required by Federal and State law onapplicants for handgun transfer certificates. Theapplication may be made in person or by mail. Statelaw allows a maximum period of 2 days to investigateand decide on an application for a certificate. Licensedfirearms dealers in Nebraska contact the FBI forchecks on long gun purchasers required by the BradyAct. ATF allows a handgun transfer certificate to beused in lieu of a NICS check at the point of sale.


Purchaser fees. State agencies charge $5 for abackground check.

State data. Nebraska maintains a statewide networkwith automated data on fugitives, criminal histories,domestic violence restraining orders, probation, parole,

and mental health commitments. Criminal historiesmay contain flagged domestic violence misdemeanorconvictions.

Check processing time. Routine applications arenormally processed in less than 1 day. Applicationsrequiring additional research are normally processed inless than 2 days.

Retention of records. Approved and denied permitapplications are retained at the discretion of thechecking agencies.


Appeals of denials. A denial or revocation of ahandgun transfer certificate can be appealed to thecounty court.

Arrests of denied persons. Persons who are deniedhandgun transfer certificates because they submittedfalse information or have an outstanding warrant arearrested in some cases.


Relevant laws. Nebraska Revised Statutes 28-1201 etseq; 69-2401 et seq.

Source of information. Nebraska State Patrol.

Contact. John Shelton, State Patrol, CommunicationsDivision, P.O. Box 94907, Lincoln, NE 68509, (402) 479-4099.


Nevada


Prohibited persons. Nevada law prohibitspossession or control of a firearm by a child under 18years of age, except in limited circumstances. It isillegal to recklessly or knowingly sell or barter ahandgun to a child who is under the age of 18. Aperson shall not own, possess, or have custody orcontrol over any firearm if the person has beenconvicted of a felony under the laws of Nevada,another State, or the United States, or is a fugitive, anunlawful drug user or addict, adjudicated mentally ill,committed to a mental health facility, or illegally in theU.S. It is illegal to knowingly transfer a firearm to aperson who is under indictment for or convicted of afelony, a fugitive, adjudicated mentally ill, committed toa mental health facility, or illegally in the U.S.

Restoration of rights. A convicted felon's right topossess firearms may be restored if the person ishonorably discharged from probation. Restoration mayalso occur through a governor's pardon that does notrestrict the right to bear arms. If a pardon does notrestore civil rights, the person may apply to a board ofpardon commissioners, whose decision can beappealed to Nevada district court.

Prohibited firearms. It is illegal to knowingly orwillfully possess, manufacture, or dispose of ashort-barreled rifle or shotgun. A person shall notmanufacture or cause to be manufactured, or importinto the State, or keep, offer or expose for sale, orgive, lend, possess or use a machine gun, unlessauthorized by Federal law.

Regulated sales. Pursuant to an executive order ofthe governor, Nevada enforces the Brady Actrequirement of background checks on firearmtransfers by licensed dealers. State law givesunlicensed sellers the option of requesting a check ona purchaser from the Nevada Point-Of-Sale FirearmsProgram. Residents of contiguous States maypurchase long guns in Nevada unless otherwiseprohibited.

Permits. State law does not require a permit topurchase firearms. A permit is required to carry aconcealed firearm.

Background checks. The Nevada Highway Patrol(NHP) is a point of contact for the NICS and conductsall checks required by the Brady Act. Licensedfirearms dealers in Nevada request instant checks bytelephone. In addition, NHP conducts checksrequested by unlicensed sellers, which must be

completed within 3 business days. County sheriffsconduct background checks on applicants forconcealed firearm permits. ATF allows a valid permit tobe used for a purchase without a subsequent NICScheck.


Purchaser fees. The fee for a firearms backgroundcheck is $25.

State data. Nevada maintains fully automated fugitive,criminal history, flagged domestic violencemisdemeanor, and protective order data on a statewidenetwork. Mental health facilities may be contacted byNHP for data on mental illness prohibitions.

Check processing time. Routine transactions arenormally processed in less than 3 minutes. Transactions requiring additional research normally areprocessed in less than 3 days.

Retention of records. Identifying data from allowedNICS transactions are purged within 24 hours. Information from denied transactions is retained for 2years.

Registration. Firearms are not registered in Nevadaexcept in Clark County.

Appeals of denials. A person who is denied a firearmmay request reconsideration from the NHP Recordsand Identification Bureau. A person who is denied aconcealed firearm permit may file a petition in Nevadadistrict court.

Arrests of denied persons. NHP notifies ATF ofpersons who submit false information on purchaseforms. When a person is denied because of anoutstanding warrant, NHP notifies the agency withjurisdiction over the site of the transaction.

2003/2004 legislation. Laws concerning prohibitedpersons and firearms were amended. A new sectionmakes it illegal to knowingly transfer a firearm to certainpersons.

Relevant laws. Nevada Revised Statutes 176A.860;202.253 et seq; 213.090.

Source of information. Nevada Highway Patrol.

Contact. Bonnie McCabe, Highway Patrol Records andIdentification Services, 808 West Nye Lane, CarsonCity, NV 89703, (775) 687-1600.


New Hampshire


Prohibited persons. A firearm cannot be owned,possessed, or controlled by a person who has beenconvicted of certain felonies in any United Statesjurisdiction. No person shall sell, deliver, or otherwisetransfer a firearm to a person who has been convictedin any jurisdiction of a felony. It is illegal to sell, barter,hire, lend, or give a handgun to a minor (under age 18)except in limited circumstances. A licensed dealershall not sell handguns to nonresidents who areprohibited in their States of residence. It is illegal toknowingly attempt to purchase a firearm while subjectto a protective order.

Restoration of rights. A felon convicted in NewHampshire may regain firearm rights through a full andunconditional pardon by the governor or an annulmentof the conviction.


Regulated sales. New Hampshire law requires aretail seller of handguns to obtain a license from theselectmen of a town or the chief of police of a city. TheState conducts background checks on persons whopurchase handguns from licensed dealers.


Background checks. The New HampshireDepartment of Safety (DOS) is a partial point ofcontact for the NICS, processing background checkson persons who purchase or redeem handguns fromlicensed dealers. An instant check may be requestedby way of a 1-800 number. A handgun transfer mayproceed if the dealer is not informed of a prohibition byDOS within 3 days. In addition, licensed firearmsdealers in New Hampshire contact the FBI for checkson persons who purchase or redeem long guns.



State data. New Hampshire maintains fugitive,criminal history, restraining order, and flaggeddomestic violence misdemeanor data on a statewidecomputer network. Criminal histories may containinsanity and incompetent to stand trial dispositions.

Check processing time. Routine transactions arenormally processed in less than 5 minutes.

Transactions requiring additional research normally areprocessed in less than 4 hours.

Retention of records. State law requires destructionof information on approved transactions within 24 hoursafter approval (except for request dates and approvalnumbers, which may be maintained indefinitely). Information on denied transactions shall be retained for3 years.


Appeals of denials. A person denied a handgun byDOS may appeal to that agency, and further to superiorcourt.

Arrests of denied persons. If an applicant submitsfalse information, DOS notifies ATF and agencies withjurisdiction over the venue of the transaction and theperson's residence. In cases involving outstandingwarrants, DOS notifies the agency with jurisdiction overthe fugitive.


Relevant laws. New Hampshire Revised Statutes,Chapters 159 and 159-D.

Source of information. New Hampshire State Police.

Contact. Patrick Poirier, Department of Safety, StatePolice, James H. Hayes Safety Building, 10 HazenDrive, Concord, NH 03305, (603) 271-3575.


New Jersey

State conducts NICS checksState conducts separate checks

Prohibited persons. A handgun permit or firearmidentification card cannot be issued to a person who isconvicted of a crime, drug dependent, confined for amental disorder, an habitual drunkard, physicallyunable to handle firearms, found to have submittedfalse information, under age 18 (for an identificationcard) or 21 (for a permit), barred from firearmpossession by court order, or adjudicated delinquentfor firearm, weapon, explosive, or destructive deviceoffenses. Issuance of a permit must not contravenethe interest of public health, safety, or welfare. Noperson under the age of 18 years shall acquire orpossess a firearm except in limited circumstances.

Restoration of rights. A convicted felon's right topossess firearms can be restored if the offender'scriminal record is expunged by the court.

Prohibited firearms. It is unlawful, with limitedexceptions, to possess, manufacture, cause to bemanufactured, transport, ship, sell, or dispose of a sawed-off shotgun, machine gun, or assault firearm.

Regulated sales. Permit regulations apply to allhandgun transfers, and an identification card isrequired to receive a long gun. A firearm cannot besecurity for a loan. A dealer must have a Statelicense.

Permits. State law mandates a permit to purchase ahandgun, which is valid for 90 days and may berenewed for an additional 90 days. A firearmspurchaser identification card, which is valid untilrevoked for a violation of law, is required for unlimitedlong gun purchases. A permit is required to carry ahandgun. A license issued by the superior court isrequired to purchase or possess a machine gun or anassault firearm.

Background checks. Applicants for permits andidentification cards are checked by 505 local policedepartments and the New Jersey State Police (NJSP)for some unincorporated areas. If no cause for denialexists, a permit or identification card shall be grantedwithin 30 days (45 days for a nonresident) from thecompletion date of the investigation of the applicant. Inaddition, NJSP is a point of contact for the NICS andconducts all checks required by the Brady Act. Licensed dealers call NJSP for instant checks onpurchasers who have obtained a permit or anidentification card.

Waiting period. No handgun shall be delivered by alicensed dealer unless a valid permit is exhibited and atleast 7 days have elapsed since the date of applicationfor the permit.

Purchaser fees. The fingerprint fee is $54. Documentfees are $2 for a handgun permit and $5 for anidentification card. An assault firearm or machine gunlicense costs $75.

State data. New Jersey maintains fugitive, criminalhistory, domestic violence restraining order,misdemeanor, juvenile, and probation/parole data. NJSP’s NICS unit accesses Department of MentalHealth data and local police may check county mentalillness records. Some mental health dispostions maybe included in crminal histories.

Check processing time. Permit and identification cardapplications are normally processed in less than 1month, or less than 6 months if additional research isneeded.

Retention of records. Permit and identification cardapplications are retained indefinitely by policedepartments. NJSP purges identifying data fromallowed NICS transactions within 24 hours; denial dataare retained indefinitely.

Registration. Handguns and assault firearms areregistered.

Appeals of denials. A permit or identification carddenial can be appealed to the superior court for thecounty where the application was filed, with notice to theissuing authority. A purchase denial can be appealed tothe NICS unit.

Arrests of denied persons. Local police departmentsarrest denied persons in some cases. NJSP's NICSUnit reports all denied persons to the FirearmsInvestigation Unit. NCIC felony warrants are reported tothe fugitive unit; other felony warrants are reported tolocal departments.


Relevant laws. New Jersey Statutes 2C:39-1 et seq;2C:58-1 et seq.

Source of information. New Jersey State Police.

Contact. J. F. Corbley / John O'Brien, Division of StatePolice, P.O. Box 7068, West Trenton, NJ 08628, (609) 882-2000.


New Mexico


Prohibited persons. New Mexico makes it unlawfulfor a person under the age of 19 to knowingly possessor transport a handgun, except in limitedcircumstances. It is unlawful for a firearm to bereceived, transported, or possessed by a felon, definedas a person convicted of a felony offense by a court ofthe United States or of any State or political subdivisionthereof and less than 10 years have passed since theperson completed a sentence or period of probation(whichever is later) and the person has not beenpardoned or received a deferred sentence.

Restoration of rights. State law allows a convictedfelon's right to possess firearms to be restored by agovernor's pardon or upon the expiration of 10 yearsafter completion of a sentence or a period of probationwithout additional violations.


Regulated sales. New Mexico law does not requirebackground checks on firearms purchasers. Residents of contiguous States may purchase firearmsin New Mexico unless otherwise prohibited.

Permit. A permit is not required to purchase firearms. A license is required to carry a concealed handgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inNew Mexico contact the FBI for all checks required bythe Brady Act.



State data. New Mexico maintains criminal history,flagged domestic violence misdemeanor, and juveniledata on a statewide network. These files are partiallyautomated, with search requests made by teletype tothe Department of Public Safety. A domestic violenceprotection order database is being developed.






2003/2004 legislation. A new article authorized theDepartment of Public Safety to issue concealedhandgun licenses.

Relevant laws. New Mexico Statutes 29-19-1 et seq;30-7-1 et seq.

Source of information. New Mexico Department ofPublic Safety.

Contact. Paul V. Herrera, Department of Public Safety,Law Enforcement Records Bureau, P.O. Box 1628,Santa Fe, NM 87504, (505) 827-9191.


New York


Prohibited persons. New York law prohibits issuing alicense to carry or possess a handgun to any personwho is under 21, is not of good moral character, hasbeen convicted of a felony or "serious offense," suffersfrom mental illness or has been confined to anyhospital or institution for mental illness, has had alicense revoked, is under a suspension or ineligibilityorder, or did not complete a safety course and test(Westchester County only), or concerning whom goodcause exists for denial. A long gun cannot bepossessed by a person who has been convicted of afelony or serious offense, or certified not suitable topossess a rifle or shotgun. A person under 16 cannotpossess a firearm except in limited circumstances. Itis unlawful to knowingly purchase a firearm on behalfof a prohibited person.

Restoration of rights. Certificates of relief fromdisabilities and good conduct are issued at thediscretion of the court of conviction or the Board ofParole. Even if relief from a firearms disability isgranted, a licensing official can rely on the underlyingconviction to deny a handgun license application.

Prohibited firearms. It is illegal to possess a shortbarrel rifle or shotgun, a machine gun, a disguised gun,or an assault weapon, with limited exceptions.

Regulated sales. Every person who receives ahandgun must have a license. A firearms dealer isrequired to have a New York license. A NICS checkthrough a dealer is required on all persons who receivea firearm at a gun show.

Permits. Each handgun purchased requires a license,issued by a designated county or city judicial or lawenforcement officer, which specifies conditions forpossession and carrying. A license is valid throughoutthe State, except in New York City, where additionalrules of validity apply. Licenses are valid until revokedbut have a fixed duration in New York City (3 years)and in Nassau, Suffolk, and Westchester counties (5years). Purchasing additional handguns requires alicense amendment.

Background checks. Sheriffs and policedepartments are partial points of contact for the NICSand conduct checks of handgun license applicants onbehalf of licensing officers. Fingerprints of applicantsare processed by the Division of Criminal JusticeServices and the FBI. Applications must be actedupon within 6 months unless there is good cause for

delay. A NICS check is required for amendments tonon-expiring licenses unless a check on the holderoccurred during the preceding 5 years. Dealers contactthe FBI for checks on long gun sales and firearmredemptions required by the Brady Act, and for gunshow transfer checks required by New York law. ATFallows a license to be used for a purchase from a dealerwithout the Brady check.


Purchaser fees. Handgun license fees vary by issuingauthority, but are at least $99, the cost of State andFederal fingerprint processing.

State data. New York maintains criminal history,fugitive, order of protection, and domestic violencemisdemeanor data. Limited mental health informationis available from the New York State Office of MentalHealth, on patients and former patients of State-operated mental health facilities. Criminal histories maycontain dispositions of incompetent to stand trial or notresponsible by reason of mental disease.

Check processing time. No statewide data available.

Retention of records. The State Police Pistol PermitBureau receives copies of approved licenseapplications, renewals, and amendments. Deniedapplications are retained at the discretion of thelicensing authorities.

Registration. Handguns are registered in New York.

Appeals of denials. State law does not provide anappeal procedure for handgun license denials.

Arrests of denied persons. Persons denied a licenseare arrested in some cases.


Relevant laws. Penal Law articles 265 & 400; GeneralBusiness Law article 39-DD.

Source of information. New York State Division ofCriminal Justice Services.

Contact. Gina Bianchi, Esq., Division of CriminalJustice Services, 4 Tower Place, Albany, NY 12203,(518) 457-8413.


North Carolina


Prohibited persons. North Carolina law requires thatan applicant for a handgun purchase permit be of goodmoral character and desire possession of the weaponfor protection, target shooting, collecting, or hunting. Apermit may not be issued to a person who is underindictment for or convicted of certain felonies; afugitive; an unlawful user of drugs or a drug addict;adjudicated mentally incompetent or committed to amental institution; an illegal alien; dishonorablydischarged from the armed forces; subject to adomestic violence restraining order; or who hasrenounced U.S. citizenship. It is illegal for a minorunder the age of 18 to possess a handgun and for aminor under the age of 12 to possess any firearm,except in limited circumstances. A firearm cannot bepurchased by a person who has been restrained by adomestic violence order, convicted of a felony,acquitted by reason of insanity, or determined to lackthe capacity to stand trial.

Restoration of rights. Firearm rights can be regainedif a conviction has been expunged or set aside (theperson is not considered to have been convicted), or ifa person has been pardoned or had civil rightsrestored (where the law of the applicable jurisdictionprovided for loss of civil rights). However, rights arenot regained if a pardon, expungement, or restorationof civil rights provides that the person may not ship,transport, possess, or receive firearms.

Prohibited firearms. It is unlawful to manufacture,possess, sell, purchase, or acquire a fully automaticfirearm, a short-barrel rifle or shotgun, or certain otherfirearms; or to manufacture, sell, give away, orpossess machine guns, sub-machine guns, or otherlike weapons, except in limited circumstances.

Regulated sales. Handgun permit requirements applyto all transfers by licensed dealers and unlicensedpersons.

Permits. North Carolina requires a permit, valid for 5years, to purchase a handgun. A separate permit isrequired to carry a concealed handgun. A person whomay possess a machine gun is required to obtain apermit from the county sheriff.

Background checks. One-hundred county sheriffsare partial points of contact for the NICS and conductchecks on applicants for permits to purchase or carry ahandgun. State law allows a sheriff 30 days to decideon a purchase permit application. Licensed dealers in

North Carolina contact the FBI for checks on long gunsales and firearm redemptions. ATF allows handgunpurchase and carry permits to be used at the point ofsale in lieu of the NICS check. These permits can beused to purchase multiple long guns, but only in a singletransaction.


Purchaser fees. State law mandates a charge of $5for processing a purchase permit application.

State data. North Carolina maintains fully automatedfugitive, criminal history, probation, parole, flaggeddomestic violence misdemeanor conviction, and motorvehicle data on a statewide network. State law requiresprompt entry of all domestic violence orders into theNCIC protection order file. Local mental health recordsmay be accessed manually by checking agencies.


Retention of records. Identifying data from allowedNICS transactions are purged within 90 days. Countysheriffs destroy permits and licenses after 10 years;other records are destroyed when their reference valueends.


Appeals of denials. Handgun permit denials may beappealed to the Chief District Court Judge for the districtin which the application is filed.


2003/2004 legislation. The statute that makes itunlawful for a person to purchase a firearm whilesubject to a domestic violence order was amended. Anew section provides that a court in certain cases shallorder a person subject to a domestic violence order tosurrender all firearms, machine guns, and permits to thecounty sheriff.

Relevant laws. North Carolina General Statutes14-269.7 et seq; 14-402 et seq.

Source of information. North Carolina State Bureauof Investigation; North Carolina Department of Justice.

Contact. Gene Melvin, Bureau of Investigation, 3320 Garner Road, Raleigh, NC 27626, (919) 662-4509.


North Dakota


Prohibited persons. North Dakota law prohibitsownership, possession, or control of a firearm for aperiod of 10 years by a person who has beenconvicted anywhere of a felony involving violence orintimidation, or for a period of 5 years by a personconvicted of any other felony or a misdemeanorinvolving violence or intimidation committed while usinga firearm or dangerous weapon. A person who wasdiagnosed and confined or committed to a hospital orinstitution in North Dakota or elsewhere as mentally illor mentally deficient is prohibited from purchasing,possessing, or controlling a firearm except when theperson has not suffered from the disability for theprevious three years. It is illegal for a handgun or otherfirearm to be transferred if the transferor knows or hasreasonable cause to believe that the transferee is aprohibited person. A handgun cannot be possessed byor transferred to a person under the age of 18, exceptin limited circumstances.

Restoration of rights. A person who has beenconvicted of a felony or a disqualifying misdemeanorwill regain the right to possess a firearm 5 or 10 years(depending on the type of offense committed) after thedate of conviction or the date of release fromincarceration or probation, whichever is later.

Prohibited firearms. No person may possess, obtain,receive, sell, or use a short-barreled rifle or shotgun, orpurchase, sell, have, or possess a machine gun or fullyautomatic rifle, unless the person is within one of thelimited exceptions.


Permits. North Dakota does not require a permit topurchase a firearm. A license is required to carry aconcealed weapon.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inNorth Dakota contact the FBI for all checks required bythe Brady Act. The North Dakota Bureau of CriminalInvestigation (BCI) conducts background checks onapplicants for concealed weapon licenses. ATF allowsa holder of a valid license to purchase a firearmwithout a new NICS check.



State data. North Dakota maintains partially automatedfugitive and criminal history data on a statewidenetwork. Court protection order data are also available. A new automated protection order system is underwayto allow electronic entry of records by courts in largejurisdictions.


Retention of records. Information on persons who aredenied a concealed weapon license is retained for 6years.


Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A denial of aconcealed weapon license may be appealed to NorthDakota district court.

Arrests of denied persons. BCI notifies otheragencies of concealed weapon license applicants whohave outstanding warrants.


Relevant laws. North Dakota Century Code 62.1-01 etseq.

Source of information. North Dakota Office of theAttorney General, Bureau of Criminal Investigation.

Contact. Judith Volk, Bureau of Criminal Investigation, P.O. Box 1054, Bismarck, ND 58502, (701) 328-5507.


Ohio


Prohibited persons. No person shall knowinglyacquire, have, carry, or use any firearm if the person isa fugitive from justice; under indictment for orconvicted of any felony offense of violence; adjudicatedas a delinquent child for an offense that if committedby an adult would have been a felony offense ofviolence; under indictment for or convicted of anyoffense involving possession or sale of drugs;adjudicated as a delinquent child for an offense that ifcommitted by an adult would have been an offenseinvolving possession or sale of drugs; drug dependent;a chronic alcoholic; under adjudication of mentalincompetence; committed to a mental institution;subject to hospitalization by court order; or aninvoluntary patient who is not hospitalized only forobservation. It is unlawful to transfer a firearm to aprohibited person. A handgun cannot be transferred toor purchased by a person under 21 years of age. It isunlawful for any type of firearm to be transferred to orpurchased by a person under 18 years of age, exceptin limited circumstances.

Restoration of rights. A person convicted of oradjudicated delinquent for a felony offense of violenceor a drug offense can have firearm rights restored by acourt of common pleas if the person has been lawabiding since completion of the sentence oradjudication, and is not otherwise prohibited.

Prohibited firearms. No person shall knowinglyacquire, have, carry, or use any dangerous ordnance,which includes any automatic or sawed-off firearm orzip-gun. Certain exceptions are allowed.

Regulated sales. State law does not requirebackground checks on firearm purchasers. Residentsof adjacent States may purchase long guns in Ohiounless otherwise prohibited.

Permits. A permit is not required to purchasefirearms. A license is required to carry a concealedhandgun. A person who is qualified to acquire,possess, carry, or use any automatic or sawed-offfirearm or zip-gun must apply to the sheriff of a countyor safety director or police chief of a municipality for alicense or temporary permit.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inOhio contact the FBI for all background checksrequired by the Brady Act.



State data. Ohio maintains automated fugitive, criminalhistory, domestic violence misdemeanor, probation, andparole data on a statewide network. The Bureau ofCriminal Identification and Investigation maintainsinvoluntary commitment data that is accessed onlyduring a check on a concealed handgun licenseapplicant. Domestic violence restraining order data ismaintained by counties and entered into the NCICprotection order file.






2003/2004 legislation. A new section authorizescounty sheriffs to issue licenses to carry concealedhandguns. An amendment expanded the definition ofmentally ill persons who cannot acquire, have, carry, oruse any firearm. Probate judges and hospital officersare required to send notices of involuntarycommitments to the Bureau of Criminal Identificationand Investigation for use in conducting concealedhandgun license checks.

Relevant laws. Ohio Revised Code 2923.11 et seq.

Source of information. Ohio Office of the AttorneyGeneral, Bureau of Criminal Identification andInvestigation.

Contact. Lonnie Rudasill, Bureau of CriminalIdentification and Investigation, P.O. Box 365, London,OH 43140, (740) 845-2215.


Oklahoma


Prohibited persons. Oklahoma law prohibits transferof a firearm to a person who is under 18 years of age(except in limited circumstances), to any convictedfelon or adjudicated delinquent, or to any individualwho is under the influence of alcohol or drugs or ismentally or emotionally unbalanced or disturbed. It isunlawful for a firearm to be possessed or controlled bya person who is a convicted felon, adjudicated as adelinquent child or a youthful offender, or subject toDepartment of Corrections supervision, probation,parole, or inmate status.

Restoration of rights. In Oklahoma, a convictedfelon's right to possess a firearm can be restored if theperson was convicted of a nonviolent felony, hasreceived a full and complete pardon from the properauthority, and has not been convicted of any otherfelony offense which has not been pardoned. Anadjudicated delinquent regains the right to possess afirearm when 10 years have elapsed since theadjudication occurred.

Prohibited firearms. It is illegal to possess or controla sawed-off shotgun or a sawed-off rifle, unless thefirearm has been registered pursuant to Federal law.

Regulated sales. State law does not requirebackground checks on firearms purchasers. Residents of contiguous States may purchase longguns in Oklahoma unless otherwise prohibited.


Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inOklahoma contact the FBI for all checks required bythe Brady Act.



State data. Oklahoma maintains fully automatedcriminal history data on a statewide network. Domesticviolence misdemeanor convictions may be identified incriminal history records by the title of the chargingoffense. Criminal histories may include dismissalsbased on insanity or hospital commitments. Involuntary commitment records are searched by theDepartment of Mental Health during a check on anapplicant for a concealed handgun license. Fugitivewarrants and domestic violence restraining orders are

entered into NCIC files. The State is currently flaggingdomestic offense records and increasing automation ofcourt records and restraining order reporting.







Relevant laws. Oklahoma Statutes 21-1271.1 et seq.

Source of information. Oklahoma State Bureau ofInvestigation.

Contact. Rusty Featherstone, Bureau of Investigation,6600 North Harvey Suite 300, Oklahoma City, OK73116, (405) 879-2536.


Oregon


Prohibited persons. Oregon law prohibits theknowing possession of a firearm by a person who isunder 18 years of age, a juvenile offender, convicted ofa felony, committed to the Department of HumanServices (DHS), or found to be mentally ill and orderednot to purchase or possess a firearm. It is unlawful tointentionally transfer a firearm to a person who is under18 years of age, convicted of a felony, named in afelony arrest warrant, free on felony pretrial release,committed to DHS, found to be mentally ill and orderednot to purchase or possess a firearm, or convictedwithin the previous 4 years of a misdemeanor involvingviolence (assault in the 4th degree, menacing, recklessendangering, or intimidation in the 2nd degree). Further, it is unlawful to ship, transport, receive, sell, orotherwise furnish a firearm in furtherance of a felony.

Restoration of rights. A convicted felon's right topossess a firearm may be restored by expungement orthe passage of 15 years since completion of asentence for a felony which did not involve criminalhomicide or the use of a weapon, provided there isonly one felony conviction on the person's record. Other prohibited persons may petition a justice court orcircuit court for relief.

Prohibited firearms. It is unlawful to knowinglypossess a machine gun, short-barreled rifle, orshort-barreled shotgun, unless the firearm is registeredas required under Federal law.

Regulated sales. State law requires backgroundchecks on persons who purchase a firearm from alicensed dealer or at a gun show. A seller who is notsubject to these requirements may voluntarily requesta background check on a purchaser.

Permits. Oregon does not require a permit topurchase firearms. A license is required to carry aconcealed weapon.

Background checks. The Oregon State PoliceFirearms Unit is a point of contact for the NICS andconducts all checks required by Federal and State law. Licensed dealers call a 1-800 number for the FirearmsUnit. Unlicensed sellers may call the 1-800 number orcomplete a transfer through a dealer. Queries areprocessed on the purchaser and the weapon beingsold; the caller is given a transaction number for anapproval or informed that the applicant is denied. Anapproval number is valid for 24 hours on a private saleor 30 days on a dealer transfer.


Purchaser fees. A fee of $9 is charged for abackground check by the Firearms Unit.

State data. Oregon maintains criminal history, flaggeddomestic violence misdemeanor, fugitive, stolen gun,restraining order, and juvenile data on a statewidecomputer network. A DHS database contains mentalillness and commitment information.

Check processing time. Routine transactions arenormally processed in less than 5 minutes. Transactions that require additional research arenormally processed in less than 3 days.

Retention of records. The firearms unit retainsrecords of approved and denied transactions for 5years.


Appeals of denials. A person who is denied a firearmmay appeal to the State Police Identification ServicesSection upon submission of fingerprints.

Arrests of denied persons. For persons who submitfalse information or have outstanding warrants, theFirearms Unit notifies the agency with jurisdiction overthe individual.


Relevant laws. Oregon Revised Statutes 166.170 etseq.

Source of information. Oregon State Police.

Contact. Marie Severson, State Police Firearms Unit,3772 Portland Road NE, Salem, OR 97303, (503) 378-3070.


Pennsylvania


Prohibited persons. State law prohibits firearmpossession by a person who is convicted of an"enumerated offense" or an equivalent offense inanother jurisdiction, a fugitive from justice, convicted ofcertain drug offenses or equivalent offenses in otherjurisdictions, convicted of three alcohol-related drivingoffenses in a 5-year period, adjudicated incompetent orinvoluntarily committed to a mental institution, an illegalalien, subject to an active protection from abuse order;adjudicated delinquent for certain offenses, or under18 (with limited exceptions). State records that areprohibiting under Federal law include all convictions fora felony, a misdemeanor 1, a misdemeanor for which aperson could have been sentenced to more than 2years in prison, or a domestic violence misdemeanorconviction as defined by the Lautenberg Amendment.

Restoration of rights. A prohibited person may applyto the court of common pleas in the county of theirprincipal residence for relief from disability undercertain conditions (but such relief does not satisfyfederal prohibitions). A prohibition based on juvenilerecords terminates 15 years after the last applicabledelinquent adjudication or upon the person reachingthe age of 30, whichever is earlier under certainconditions.

Prohibited firearms. It is illegal to sell or possess amachine gun, a sawed-off shotgun with a barrel lessthan 18 inches, or a firearm made or adapted forconcealment or silent discharge, except when incompliance with the National Firearms Act.

Regulated sales. Pennsylvania law requiresbackground checks on persons who purchase anyfirearms from a licensed dealer and on all privatetransfers of handguns except those between certainrelated persons. Private transfers of long guns mustcomply with Federal law. Handguns cannot bepawned.

Permits. A permit is not required to buy a firearm. Alicense is required to carry a concealed firearm.

Background checks. The Pennsylvania State Police(PSP) is a NICS point of contact for checks on sales orredemptions required by Federal and State law. Statelicensees contact the Pennsylvania Instant CheckSystem (PICS) by using a toll-free number. Onaverage, 55% of checks are handled throughautomation and an Interactive Voice Response (IVR)component. If a potentially prohibiting record isidentified or the buyer is not a State resident, the call is

automatically transferred to a staff operator.


Purchaser fees. State law requires a fee of $2 foreach background check and a $3 surcharge for eachtaxable sale of a firearm.

State data. A statewide network contains automatedcriminal history, fugitive, protection order, probation, andparole data. Mental health data supplied by countyofficials are available to PICS staff only to enforce theState firearms act. Updated records from research anddenial challenges are kept to eliminate duplicateresearch on future transactions. A convictiondetermined to involve domestic violence is flagged andrecord upgrades will incorporate flagging routines.

Check processing time. Approximately 55% of callsare approved automatically, averaging less than 1.5minutes. An additional 35% of calls are approvedduring the initial call with the assistance of an operator. The remaining calls are either denied on the initial callby the operator or held in research for a period not toexceed 15 days.

Retention of records. Information on the subject of abackground check is not retained by PICS uponapproval of a transaction. PICS retains records ondenied persons for 6 months on paper (8 years if achallenge occurs) and 20 years in electronic format.


Appeals of denials. A person who is denied by PICSmay file a challenge with the PICS Challenge Unit. Subsequent appeals may be filed with the Stateattorney general and commonwealth court.

Arrests of denied persons. Notice of persons whosubmit false purchase applications is given to local,State, and Federal (ATF) authorities. If a fugitive isidentified at the time of purchase, the local agency withjurisdiction is notified immediately.

2003/2004 legislation. A new section was establishedunder the PA. Vehicle Code for DUI (see table 12).

Relevant laws. Pennsylvania Consolidated StatutesTitle 18, Chapter 61 (Uniform Firearms Act).

Source of information. Pennsylvania State Police.

Contact. Lt. Joseph G. Elias, Director, FirearmsDivision, Bureau of Records & Identification, 1800Elmerton Ave., Harrisburg, PA 17110, (717) 783-5598.


Rhode Island


Prohibited persons. A firearm shall not be purchasedor possessed by a person who is convicted of a crimeof violence in Rhode Island or elsewhere, a fugitivefrom justice, convicted of a domestic violence felony, incommunity confinement or subject to electronicsurveillance or monitoring as a condition of parole,mentally incompetent, a drug addict, an habitualdrunkard, or an illegal alien. It is unlawful to sell,transfer, give, or convey a firearm to a person under 18years of age without consent of a parent or guardian. A person under 18 years of age cannot possess afirearm except in limited circumstances. Handgunpurchasers must be 21 years of age and complete afirearm safety course. It is unlawful to sell a handgunto a person under the age of 21 or to a personotherwise prohibited.

Restoration of rights. A convicted felon's right toown firearms can be restored through a governor'spardon.

Prohibited firearms. No person shall manufacture,sell, purchase, or possess a machine gun, or possessor control a sawed-off shotgun or sawed-off rifle unlessthe person is within one of the limited exceptions.

Regulated sales. State law requires a backgroundcheck on any person who purchases a firearm. Anycitizen of the United States may purchase a long gun inRhode Island unless otherwise prohibited. A retaildealer of firearms must have a license from a city,town, or political subdivision of the State.

Permits. Rhode Island does not require a permit topurchase firearms. A permit is required to carry aconcealed handgun. A person under 18 years of agemust have a permit to participate in legal firearmactivities.

Background checks. Thirty-nine local policedepartments conduct checks on firearms purchasersrequired by Rhode Island law. Sellers transmitpurchase applications by certified mail or in person tothe police departments. If a notice of denial is notreceived by the seller within 7 days, a transfer canproceed. The State is not a point of contact for theNICS. Licensed firearms dealers in Rhode Islandcontact the FBI for all checks required by the BradyAct.

Waiting period. A 7-day waiting period, which beginsat noon on the day after an application is filed, is

required for all firearm transfers, regardless of when abackground check is completed.

Purchaser fees. Fees are not mandated by State lawbut are at the discretion of the police departments.

State data. Rhode Island maintains automated fugitive,criminal history, probation, parole, restraining order, andflagged domestic violence misdemeanor data on astatewide network. The State is pursuing improvedautomation of restraining order data.

Check processing time. Background checks arenormally completed within 5 days.

Retention of records. The checking agency and theState attorney general receive copies of each purchaseapplication, and are required to retain approved anddenied applications for no more than 30 days. Originalcopies of applications must be retained by sellers for 6years.


Appeals of denials. State law does not provide aprocedure for appealing a firearm denial. A person whois denied by the FBI may appeal under Federal law.



Relevant laws. Rhode Island General Laws 11-47-1 etseq.

Source of information. Rhode Island Department ofthe Attorney General.

Contact. William Devine, Department of the AttorneyGeneral, Bureau of Criminal Investigation, 150 S. Main, Providence, RI 02903, (401) 274-4400.


South Carolina


Prohibited persons. South Carolina law prohibitshandgun sales to or possession by any person who isconvicted of a crime of violence in any U.S. jurisdiction,a fugitive from justice, an habitual drunkard, a drugaddict, adjudicated mentally incompetent, a member ofa subversive organization, under 21 years of age (withlimited exceptions), or adjudged unfit to carry orpossess a pistol.

Restoration of rights. A convicted felon's right toown a handgun can be restored if that person receivesa pardon or an expungement of the conviction, unlessthe offense committed was a crime of violence.

Prohibited firearms. It is unlawful, with limitedexceptions, for a person to transport, store, keep,possess, sell, rent, or give away a machine gun,military firearm, or sawed-off shotgun or rifle. Nolicensed retail dealer may hold, store, handle, sell,offer for sale, or otherwise possess a pistol or otherhandgun with a die-cast, metal alloy frame or receiverwhich melts at a temperature of less than 800 degreesFahrenheit.

Regulated sales. Retail dealers of handguns musthave a State license. A person who buys a handgunfrom a licensed dealer must be a South Carolinaresident. A resident of any State may purchase a longgun in South Carolina unless otherwise prohibited.

Permits. No permit is required to purchase firearms. The South Carolina Law Enforcement Division (SLED)issues concealed handgun permits and speciallicenses required for possession, transportation, orsale of machine guns.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inSouth Carolina contact the FBI for all checks requiredby the Brady Act. ATF allows a concealed handgunpermit issued by SLED to be used for a purchasewithout a NICS check.



State data. South Carolina maintains fully automatedfugitive, criminal history, juvenile, and flagged domesticviolence misdemeanor data on a statewide network. Domestic violence restraining orders with properidentifiers are entered into the NCIC protection orderfile.


Retention of records. SLED retains a copy of everyhandgun purchase application filed with aState-licensed dealer. Information on persons who aredenied a concealed handgun permit is retainedindefinitely.

Registration. Every person permitted to possess amachine gun, sawed-off shotgun, or sawed-off riflemust register the firearm with SLED.

Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A personwho is denied a concealed handgun permit may appealto the Chief of SLED and further to an administrativelaw judge.

Arrests of denied persons. SLED notifies otheragencies of concealed handgun permits applicants whohave outstanding warrants.

2003/2004 legislation An amendment deleted theprovisions that prohibit a person from purchasing morethan one pistol on an application or purchasing morethan one pistol during each thirty day period.

Relevant laws. South Carolina Code of Laws 16-23-10et seq; 23-31-10 et seq.

Source of information. South Carolina LawEnforcement Division.

Contact. Carlotta Stackhouse, Law EnforcementDivision, 4400 Broad River Road, Columbia, SC 29221,(803) 896-7143.


South Dakota


Prohibited persons. South Dakota law prohibitspossession or control of a firearm by a person who hasbeen convicted in the State or elsewhere of a crime ofviolence or a felony controlled substance or marijuanaviolation, or who has a prior conviction for drugpossession. A person under the age of 18 cannotknowingly possess a handgun except in limitedcircumstances. It is illegal to transfer a firearm to aknown prohibited person or to a person under the ageof 18 if the transferor knows or reasonably believesthat the minor recipient intends to use the firearm tocommit a crime of violence.

Restoration of rights. The right to possess a firearmcan be restored through a governor's pardon or thepassage of time. A person who was last dischargedfrom prison, jail, probation, or parole for a crime ofviolence or a felony controlled substances or marijuanaviolation (except mere possession) more than 15 yearsago regains the right to possess or control a firearm.For felony possession of controlled substances ormarijuana, the time period is 5 years. However, noperson convicted of a crime of violence may everlawfully purchase a pistol at retail.

Prohibited firearms. It is illegal, with limitedexceptions, to knowingly possess a controlled weapon,which includes a machine gun or short shotgun.

Regulated sales. State law does not requirebackground checks on firearms purchasers. A Stateapplication is required to purchase a pistol if thepurchaser does not have a permit to carry a concealedhandgun. Residents of other States may purchaselong guns in South Dakota unless otherwise prohibited.

Permits. A permit is not required to purchase afirearm. A permit is required to carry a concealedhandgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inSouth Dakota contact the FBI for all checks requiredby the Brady Act.

Waiting period. No seller may deliver a handgun to apurchaser until 48 hours have elapsed from the time ofthe sale, regardless of when a background check iscompleted. Holders of valid, concealed handgunpermits are exempt from the waiting period.


State data. South Dakota maintains fully automatedfugitive, criminal history, flagged domestic violencemisdemeanor, probation, parole, and protective orderdata on a statewide network. Criminal histories maycontain insanity or incompetent to stand trialdispositons. A driver's history file is available to checkfor additional data.


Retention of records. The seller of a pistol shall withinsix hours send by first class mail or hand deliver thecompleted application to the chief of police of themunicipality or the sheriff of the county of which thepurchaser is a resident. State law requires chiefs ofpolice and sheriffs to retain their copies of pistolapplications for a period of 1 year.





Relevant laws. South Dakota Codified Laws, Chapters22-14 and 23-7.

Source of information. South Dakota AttorneyGeneral's Office.

Contact. Robert Grandpre, Attorney General's Office,Division of Criminal Investigation, 500 East CapitolAvenue, Pierre, SD 57501, (605) 773-3331.


Tennessee


Prohibited persons. Tennessee law prohibits theintentional, knowing, or reckless sale, loan, or gift of afirearm to a person who is a minor or intoxicated. Alicensed dealer cannot sell a firearm to a person who isaddicted to alcohol or ineligible to receive a firearmunder 18 U.S.C. 922. A firearm transfer is denied ifthe buyer was charged with a crime for which aconviction would cause a prohibition under State orFederal law, and the final disposition of the case hasnot occurred or is not recorded. A handgun cannot bepossessed by a person who is convicted of a felonyinvolving the use of force, violence, or a deadlyweapon, convicted of a felony drug offense, less than18 (with limited exceptions), or under the influence ofalcohol or any controlled substance.

Restoration of rights. Firearm rights may beregained by a convicted felon who obtains a pardon, aset aside or an expungement of the conviction, orrestoration of civil rights by a circuit court. A personconvicted of a felony involving use or attempted use offorce, violence, or a deadly weapon, or a felony drugoffense cannot possess a handgun even if civil rightshave been restored.

Prohibited firearms. It is an offense to intentionally orknowingly possess, manufacture, transport, repair, orsell a machine gun or short-barrel rifle or shotgun,except in limited circumstances.

Regulated sales. State law requires backgroundchecks on persons who purchase firearms fromlicensed dealers.

Permits. No permit is required to purchase a firearm. A permit is required to carry a handgun.

Background checks. The Tennessee Bureau ofInvestigation (TBI) is a point of contact for the NICSand conducts all checks required by Federal and Statelaw. Licensed dealers contact TBI by telephone; highvolume dealers can also use computers with a"point-of-sale device."


Purchaser fees. TBI may charge a reasonable fee,not to exceed $10, for a background check.

State data. Tennessee's law enforcementcommunications network maintains criminal history,fugitive, flagged domestic abuse misdemeanor,restraining order, and sex offender data. The

Administrative Office of the Courts recently began toforward not guilty by reason of insanity dispositions toTBI.

Check processing time. Transactions are normallyprocessed in less than 5 minutes or in less than 1 day ifadditional research is required.

Retention of records. Information on approvedtransactions is not retained by TBI, except for approvalnumbers and dates assigned. Information on deniedtransactions is retained indefinitely, but is destroyed ifthe decision is reversed on appeal.


Appeals of denials. A person who requestsreconsideration of a TBI denial is furnished a letter ofinstructions and an FBI final disposition form, whichmust be filled out by the arresting agency or clerk of theappropriate court and returned to TBI. For a denialbased upon an arrest with no disposition recorded, TBIhas 15 calendar days after the applicant appeals toobtain the final disposition. If TBI cannot obtain thedisposition, the dealer is notified that the transaction is a“conditional proceed,” (neither denied nor approved)and the dealer may lawfully transfer the firearm.

Arrests of denied persons. TBI notifies ATF ofpersons who submit false information on an application. For persons with outstanding warrants, TBI notifies theagency with jurisdiction over the dealer's premises andthe agency which entered the warrant.


Relevant laws. Tennessee Code 39-17-1301 et seq.

Source of information. Tennessee Bureau ofInvestigation.

Contact. Jeanne Broadwell, Bureau of Investigation,901 R.S. Gass Boulevard, Nashville, TN 37216, (615) 744-4208.


Texas


Prohibited persons. Texas law prohibits possessionof a firearm by a person who has been convicted ofany felony or a Class A misdemeanor involving amember of the person’s family or household, and fiveyears have not elapsed since the person’s releasefrom confinement or supervision. A firearm cannot bepossessed by a person who is subject to certainprotective orders. It is unlawful to knowingly transfer ahandgun to a person who intends to use it unlawfully orin the commission of an unlawful act, or is subject toan active protective order. A firearm cannot beknowingly transferred to a person who is younger than18 years (without parental consent), intoxicated, or aconvicted felon.

Restoration of rights. A person who has beenconvicted of any felony or a Class A misdemeanorinvolving a member of the person’s family orhousehold may possess a firearm if five years haveelapsed since the person’s release from confinementor supervision. A convicted felon with restored rightsmay only possess a firearm on the premises where theperson lives.

Prohibited firearms. It is an offense to intentionally orknowingly possess, manufacture, transport, repair, orsell a machine gun, a short-barrel rifle or shotgun, or azip gun except in limited circumstances.


Permits. No permit is required to purchase firearms. A license is required to carry a concealed handgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inTexas contact the FBI for all background checksrequired by the Brady Act. The Texas Department ofPublic Safety conducts background checks onapplicants for concealed handgun licenses. ATFallows a holder of a valid concealed handgun license topurchase a firearm without a new NICS check.



State data. Texas maintains fully automated fugitive,criminal history, flagged domestic violencemisdemeanor, protective order, juvenile, probation,and parole data on a statewide network. Court recordsare manually checked for mental illness dispositions.


Retention of records. Information on persons who aredenied a concealed handgun license is retainedindefinitely.


Appeals of denials. A person who is denied a firearmby the FBI may appeal under Federal law. A denial of aconcealed handgun license application may beappealed to justice court.


2003/2004 legislation. An amendment makes it anoffense for a person to possess a firearm while subjectto a sexual assault protective order.

Relevant laws. Texas Penal Code 30.06; 42.12; 46.01et seq; Government Code, Chapter 411, Subchapter H.

Source of information. Texas Department of PublicSafety.

Contact. David Gavin, Department of Public Safety,Crime Records Service, P.O. Box 4143, Austin, TX78765, (512) 424-2077.


Utah


Prohibited persons. A firearm cannot be purchased,transferred, or possessed by a Category 1 or Category2 restricted person. A Category 1 restricted personhas been convicted of a violent felony, is on parole orprobation for a felony, is on parole from a securefacility, or has been adjudicated delinquent within thepast 10 years for an offense which if committed by anadult would have been a violent felony. A Category 2restricted person has been convicted of or is underindictment for a felony, has been adjudicateddelinquent within the past 7 years for an offense whichif committed by an adult would have been a felony, isan unlawful user of a controlled substance, is inpossession of a dangerous weapon and a controlledsubstance, has been found not guilty by reason ofinsanity or found mentally incompetent to stand trial fora felony, has been adjudicated mentally defective orcommitted to a mental institution, is an illegal alien, hasbeen dishonorably discharged from the armed forces,or has renounced U.S. citizenship. A minor under 18cannot possess a handgun, sawed-off rifle or shotgun,or automatic weapon except as provided by Federallaw. It is illegal to provide a firearm to a minor who isprohibited or lacks parental consent.

Restoration of rights. The right to possess a firearmmay be restored if a conviction is expunged orotherwise removed from the record.


Regulated sales. State law requires backgroundchecks on persons who purchase firearms fromlicensed dealers.

Permits. Utah does not require a permit to purchasefirearms. A permit is required to carry a concealedfirearm.

Background checks. The Utah Bureau of CriminalIdentification (BCI) is a point of contact for the NICSand conducts all checks required by Federal and Statelaw. Licensed firearms dealers request instant checksby using a 1-800 number, a regular telephone number,or a computer. Holders of concealed firearm permitsissued by BCI are exempt from point-of-salebackground checks under an ATF ruling and Utah law. BCI verifies the validity of permits presented todealers.


Purchaser fees. BCI charges $7.50 for a background

check.

State data. Utah maintains automated fugitive, criminalhistory, flagged domestic abuse misdemeanor,restraining order, adjudicated mentally defective, andmotor vehicle data on a statewide network. Criminalhistories may include various mental healthdispositions.

Check processing time. Routine transactions arenormally processed in less than 5 minutes.

Retention of records. State law allows BCI to retaindata on approved transactions for a maximum period of20 days. Dealer numbers and transaction numbers anddates are maintained for 12 months. Data on deniedtransactions are retained indefinitely.


Appeals of denials. A person who is denied a firearmmay appeal to BCI and further to the Commissioner ofPublic Safety. An appeal may also be filed with the FBIor the State that maintains the prohibitory record. Aconcealed firearm permit denial may be appealed to aState of Utah review board.

Arrests of denied persons. A person who submitsfalse information on an application or has anoutstanding warrant is reported by BCI to the agencywith jurisdiction over the location of the dealer. Federaloffenders are reported to ATF.

2003/2004 legislation. Amendments modified theinformation required from a concealed firearm permitapplicant, made Utah law consistent with federal lawregarding the purchase of firearms, and required thatonly one photo identification rather than two bepresented by a purchase applicant.

Relevant laws. Utah Code 53-5-702 et seq; 76-10-501et seq.

Source of information. Utah Bureau of CriminalIdentification.

Contact. Joyce Carter, Bureau of CriminalIdentification, 4501 South 2700 West, Salt Lake City,UT 84119, (801) 965-3810.


Vermont


Prohibited persons. Vermont law prohibits a person,firm, or corporation, other than a parent or guardian,from selling or furnishing a firearm to a minor under theage of 16 years. (An instructor or a teacher mayfurnish firearms to pupils for instruction and drill.) Ahandgun cannot be possessed or controlled by a childunder the age of 16 years without the consent of aparent or guardian.

Restoration of rights. No State requirements.

Prohibited firearms. A person who possesses, sells,or offers for sale a zip gun shall be imprisoned or finedor both.

Regulated sales. Vermont does not requirebackground checks on firearms purchasers. Residents of contiguous States may purchase longguns in Vermont unless otherwise prohibited.

Permits. State law does not require a permit topurchase or carry firearms.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inVermont contact the FBI for all background checksrequired by the Brady Act.



State data. The State of Vermont maintainsautomated information on criminal histories, fugitivesfrom justice, abuse prevention orders, probation, andparole. Domestic violence misdemeanor convictionsare flagged within criminal history records. Insanitydispositions may also be included in criminal histories.


Retention of records. State agencies are notrequired to retain any firearm transaction records. Firearm dealers are required to retain sales records for6 years.





Relevant laws. Vermont Statutes 13-4001 et seq.

Source of information. Vermont Department of PublicSafety; Newport City Police Department.

Contact. J. Paul Duquette, Newport City PoliceDepartment, 222 Main Street, Newport, VT 05855, (802) 334-6733.


Virginia


Prohibited persons. Virginia law prohibits:possession of a firearm by a person who is acquitted ofcertain offenses by reason of insanity; purchase orpossession of a firearm by a person who has beenadjudicated incompetent or incapacitated, orinvoluntarily committed; purchase of a firearm by aperson who is subject to a protective order; purchaseof a handgun by certain persons who have beenconvicted of two misdemeanor drug offenses within 36months; possession of a firearm by a person who hasbeen convicted of a felony or found guilty as a juvenileof a delinquent act which would be a felony ifcommitted by an adult; possession of an assaultfirearm by a person who is not a U.S. citizen or lawfullyadmitted for permanent residence; and possession ofa handgun or an assault firearm by a person under 18years of age.

Restoration of rights. The governor may grant apardon or removal of political disabilities to a personwho committed a felony or a delinquent act, and maycondition reinstatement of firearm rights. The circuitcourt may issue a permit to carry a firearm to a personwhose civil rights have been restored.

Prohibited firearms. It is unlawful to possess asawed-off shotgun or rifle (except for limitedpurposes), or to sell, transfer, or possess a plasticfirearm or certain semi-automatic shotguns.

Regulated sales. State law requires backgroundchecks on persons who purchase firearms fromlicensed dealers. Virginia residents may purchasefirearms upon proof of residency in the State for atleast 30 days. A person cannot purchase more thanone handgun in a 30-day period unless authorized bythe State Police, or specifically exempted by State law.

Permits. A permit is not required to purchase afirearm. A permit issued by a circuit court is needed tocarry a concealed handgun. The Virginia State Police(VSP) is the issuing agency for nonresident concealedhandgun permits.

Background checks. VSP is a point of contact for theNICS and conducts all checks required by Federal andState law. Some dealers request instant checks byusing a 1-800 number or the mail to contact theFirearms Transaction Program. High-volume dealersin the Direct Access Program use dial-in technology torequest checks.


Purchaser fees. VSP charges $2 for a check on aVirginia resident and $5 for a nonresident.

State data. Virginia maintains fully automated criminalhistory, fugitive, juvenile, mental health, protectiveorder, flagged domestic violence misdemeanor, druguser, and misdemeanor drug convictions data. Acalendar file is maintained for handgun purchases. Criminal histories may include various mental healthdispositions. In December 2003, mental health recordswere made available to the NICS on a real-time basis,and Virginia non-fingerprint supported criminal historydata and other prohibiting records not indexed in theInterstate Identification Index were uploaded to theNICS Denied Persons File.

Check processing time. Routine transactions arenormally processed in less than 2 minutes.Transactions that require additional research arenormally processed in less than 1 day.

Retention of records. Data on approved transactionsmay be retained for no more than 30 days. Multiplehandgun transaction records and a log of requests (withpurchaser name, dealer and approval numbers, anddate) may be maintained for 12 months. Records ofdenied transactions are retained for 2 years.

Registration. Machine guns are registered.

Appeals of denials. A person who is denied a firearmmay request correction of a criminal history record orappeal to the VSP, or institute a civil action within 30days of such denial.

Arrests of denied persons. VSP arrests all personsdenied because of an outstanding warrant and arrestspersons who submit false information in some cases.Using set criteria, VSP, in conjunction withcommonwealth attorneys, decides which deniedpersons should be prosecuted under Virginia law.

2003/2004 legislation. Amendments reviseddefinitions, allowed additional exceptions to thehandgun purchase restriction, provided for the issuanceof nonresident concealed handgun permits, andabolished provisions regulating sales and purchases incontiguous States.

Relevant laws. Code of Va. Title 18.2, Ch. 7, Art. 7.

Source of information. Virginia State Police.

Contact. Donna Tate, State Police FirearmsTransaction Center, P.O. Box 85608, Richmond, VA23285-5608, (804) 674-2210.


Washington


Prohibited persons. State law prohibits ownership,possession, or control of a firearm by a person who isconvicted of or adjudicated in juvenile court for aserious offense, felony, or misdemeanor as specifiedby statute; involuntarily committed for mental healthtreatment; under 18 years of age; or free on bond orpersonal recognizance pending trial, appeal, orsentencing for a serious offense. Offenders under thesupervision of the department of corrections shall notown, use, or possess firearms. A person at least 18but less than 21 may possess a handgun only incertain places. State law allows permissible firearmsfor children under 18 years of age for events such ashunting or trapping under a valid license, targetshooting or practicing at an established range, or anorganized competition.

Restoration of rights. An offender's right to possessfirearms may be restored by a court of record or agovernor's pardon. A convicted felon who has no priorviolation and no subsequent violation for any offensefor 5 years (3 years if convicted of a non-felonyoffense) after completing a sentence may petition thecourt of record for restoration. Certain offenders arenot eligible for restoration.

Prohibited firearms. It is unlawful, with limitedexceptions, for any person to manufacture, own, buy,sell, loan, furnish, transport, or have in possession orunder control any machine gun, short-barreledshotgun, or short-barreled rifle.

Regulated sales. State law requires backgroundchecks on persons who purchase handguns fromlicensed dealers. Residents of other States maypurchase long guns in Washington unless otherwiseprohibited. A firearms dealer is required to have aState license.

Permits. A license is required to carry a concealedhandgun. An alien lawfully present in the U.S. mustobtain a license to possess or carry any firearm.

Background checks. Handgun purchase applicantsare checked by 291 sheriffs and police departmentsthat are partial points of contact for the NICS. Applications are received from dealers in person, byfax, or by regular or certified mail. A handgun may bedelivered to the purchaser when the dealer is notifiedof an approval or after 5 business days have elapsed. The time allowed for a check may be extended up to30 days when an applicant’s record lacks certain

dispositions, or up to 60 days for a person who is a newWashington resident or lacks required identification. Licensed dealers contact the FBI for checks required bythe Brady Act on persons who purchase long guns orredeem pawned firearms.



State data. A statewide network maintains automatedfugitive, criminal history, restraining order, and flaggeddomestic violence misdemeanor data. Some juveniledata are also available. Checking agencies requestinvoluntary commitment data from the Department ofSocial and Health Services by letter, telephone, ore-mail. Criminal histories may include insanity orincompetent to stand trial dispositions. Beginning inJuly 2004, involuntary commitment data will be sent tothe NICS Index.

Check processing time. Background checks arecompleted in less than 60 days.

Retention of records. State law provides that achecking agency shall retain or destroy handgunpurchase applications in accord with 18 U.S.C. 922. Identifying data from allowed NICS transactions arepurged within 24 hours. Denied applications areretained indefinitely. The department of licensing maykeep copies or records of handgun purchaseapplications. Dealers retain copies of applications for 6years.


Appeals of denials. A person who is denied ahandgun purchase may appeal to superior court ordirectly to the FBI.

Arrests of denied persons. In cases of outstandingwarrants, checking agencies normally notify the agencywith jurisdiction over the fugitive.


Relevant laws. WA. Revised Code 9.41.010 et seq.

Source of information. Washington State Patrol.

Contact. Ms. Mary Neff, Washington State PatrolCriminal History Section, P.O. Box 42619, Olympia, WA98504, (360) 570-5230.


West Virginia


Prohibited persons. West Virginia law prohibitspossession of a firearm by a person who is convictedin any court of a crime punishable by imprisonment fora term exceeding 1 year, addicted to alcohol, anunlawful user of or addicted to any controlledsubstance, adjudicated as a mental defective orcommitted involuntarily to a mental institution, an illegalalien, dishonorably discharged from the armed forces,subject to a domestic violence protective order,convicted in any court of a misdemeanor crime ofdomestic violence, or a minor under the age of 18(except in limited circumstances). It is illegal to sell,rent, give, or lend a firearm to a prohibited person.

Restoration of rights. State law provides thatprohibited persons may petition the circuit court of thecounty where they reside for an order which allowsfirearm possession. The court may enter an order if itfinds such person capable of exercising theresponsibility concomitant with possession of a firearm.

Prohibited firearms. It is unlawful for any person tocarry, transport, or possess any machine gun orsubmachine gun or any other fully automatic weapon,except in compliance with Federal law.

Regulated sales. West Virginia does not requirebackground checks on firearms purchasers.

Permits. A permit is not required to purchasefirearms. A license is required to carry a concealedhandgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inWest Virginia contact the FBI for all checks required bythe Brady Act.



State data. West Virginia maintains fully automatedfugitive and criminal history data on a statewidenetwork. Domestic violence misdemeanor convictionsmay be found within criminal history records. Aregistry of domestic violence protective orders is beingdeveloped.







Relevant laws. West Virginia Code 61-7-1 et seq.

Source of information. West Virginia State Police.

Contact. Thomas A. Barrick, Department of StatePolice, 725 Jefferson Road, South Charleston, WV25309, (304) 746-2177.


Wisconsin


Prohibited persons. State law prohibits firearmpossession by or transfer to a person who has beenconvicted of a felony in Wisconsin or of a similar crimeelsewhere, adjudicated delinquent for an act that wouldbe a felony if committed by an adult, found not guilty ofa felony in Wisconsin or of a similar offense in anotherjurisdiction by reason of mental disease or defect,committed for treatment and ordered not to possess afirearm, enjoined or ordered not to possess a firearmunder a domestic violence injunction, or is under 18years of age (except in limited circumstances).

Restoration of rights. A convicted felon's right topossess firearms may be restored by a governor'spardon or Federal relief. A person who wasadjudicated delinquent as a juvenile (after April 1994)may regain firearm rights if the court determines thatthe offender is not likely to act in a manner dangerousto public safety.

Prohibited firearms. No person, with limitedexceptions, may sell, possess, use, or transport anymachine gun or other fully automatic weapon, or sell,offer to sell, transport, purchase, or possess ashort-barreled shotgun or short-barreled rifle.

Regulated sales. State law requires backgroundchecks on persons who purchase handguns fromlicensed dealers.

Permits. A permit is not required to purchasefirearms. State law does not provide for concealedfirearm permits.

Background checks. The Wisconsin Department ofJustice (DOJ) is a point of contact for the NICS andconducts checks on handgun purchasers required byFederal and State law. Licensed firearms dealersrequest instant checks by using a 1-800 number tocontact DOJ. State law requires that a check becompleted before 48 hours have expired; however, thetime limit can be extended by 3 days for felony chargeswith no recorded disposition. Dealers contact the FBIfor checks required by the Brady Act on persons whopurchase a long gun or redeem a pawned firearm.

Waiting period. A 48-hour waiting period is requiredfor handgun sales regardless of when a check iscompleted. The waiting period begins when DOJacknowledges receipt of purchaser information from adealer.

Purchaser fees. A fee of $8 is charged for abackground check.

State data. A statewide network maintains fullyautomated fugitive, criminal history, juvenile, involuntarycommitment, restraining order, and flagged domesticviolence misdemeanor data. Probation and parole filesare kept manually.

Check processing time. Routine transactions arenormally processed in less than 2 minutes. Transactions that require additional research normallyare processed in less than 1 day.

Retention of records. State law requires that DOJdestroy all records from approved transactions within 30days. Data from denied transactions are retainedindefinitely.


Appeals of denials. A person who is denied ahandgun may appeal first to the DOJ Crime InformationBureau and then to the Administrator of the Division ofLaw Enforcement Services. A further appeal may befiled in State court.

Arrests of denied persons. DOJ reports deniedpersons to ATF, the Wisconsin Department ofInvestigation, local police, district attorneys, and theU.S. Attorney’s Office.


Relevant laws. Wisconsin Statutes 175.30; 175.35;941.20 et seq; 948.60.

Source of information. Wisconsin Department ofJustice.

Contact. Mary Sturdevant, Department of JusticeCriminal Information Bureau, P.O. Box 2718, Madison,WI 53701, (608) 267-2776.


Wyoming


Prohibited persons. Wyoming law prohibits knowingpossession of a firearm by a person who haspreviously pleaded guilty to or been convicted ofcommitting or attempting to commit a violent felony ora felony of causing bodily injury to a peace officer, andhas not been pardoned.

Restoration of rights. A person convicted of a violentfelony may regain the right to possess a firearmthrough a governor's pardon.



Permits. A permit is not required to purchasefirearms. A license is required to carry a concealeddangerous weapon.

Background checks. The State is not a point ofcontact for the NICS. Licensed firearms dealers inWyoming contact the FBI for all checks required by theBrady Act. The Wyoming Attorney General’s Divisionof Criminal Investigation conducts background checkson applicants for concealed weapon licenses, afterreceiving applications from county sheriffs. ATF allowsa holder of a valid concealed weapon license topurchase a firearm without a new NICS check.



State data. A statewide network maintains fullyautomated records of criminal histories and fugitiveswho are wanted in felony or misdemeanor warrants. Misdemeanor convictions for domestic violenceoffenses are flagged within criminal history records. Domestic violence restraining orders are entered intoState and NCIC protection order files. Wyoming isplanning an interface between the court system, theState file, and NCIC for automated entry of restrainingorders.


Retention of records. Information on persons whoare denied a concealed weapon license is retainedindefinitely.


Appeals of denials. A person who is denied a firearmby the FBI may appeal pursuant to Federal law. Aperson who is denied a concealed weapon license maysubmit additional documents and requestreconsideration by the Attorney General.


2003/2004 legislation. The statutes that allowed aresident of a contiguous State to purchase a long gun inWyoming and allowed a Wyoming resident to purchasea long gun in a contiguous State were repealed.

Relevant laws. Wyoming Statutes 6-8-101 et seq.

Source of information. Wyoming Attorney General,Division of Criminal Investigation.

Contact. James M. Wilson, Division of CriminalInvestigation, 316 West 22nd Street, Cheyenne, WY82002, (307) 777-7181.


American Samoa

Territory requests NICS checks and conductsseparate checks

Prohibited persons. The Territory of AmericanSamoa does not allow handguns on the island. Policeofficers are not required to carry firearms in theperformance of their normal duties. However, policeofficers are authorized by statute to carry firearms,providing they have completed firearms training andare certified by a competent authority. A person'sbaggage is checked for firearms upon arrival. Shotguns of various gauges and .22-caliber rifles areallowed. It is unlawful to transfer a firearm to a personwho is prohibited from possession, less than 18 yearsold (except in limited circumstances) or intoxicated. Afirearm cannot be possessed by a person who hasbeen convicted of or confined for a dangerous felony inthe territory or elsewhere during the preceding 5 years,or who is a fugitive from justice, an habitual drunkard,a drug addict, or currently adjudged mentallyincompetent.

Restoration of rights. Restoration of firearm rightsmay be given at the discretion of the attorney generalor the Department of Public Safety, upon review of anapplication.

Prohibited firearms. It is unlawful to knowinglypossess, manufacture, transport, repair, or sell amachine gun, a short barreled rifle or shotgun, or anyother firearm for which a valid license from thecommissioner of public safety has not been obtained. (Exceptions to these prohibitions are stated in theprohibited weapons statute.)

Regulated sales. Territorial licensing requirementsapply to all transfers of legal firearms.

Permits. A license is required to possess, import, orsell firearms. Each license issued shall specify thenumber, quantity, and description of the arms whichmay be possessed, imported, or sold, or otherwisetransferred. A license to possess must be renewedevery year and must be in the licensee's possessionwhen carrying such arms.

Background checks. The background checksrequired by American Samoa law on purchasers ofshotguns and .22-caliber rifles are performed by theterritorial police, after the owner brings in the salesreceipt and the weapon. The police conduct thechecks and issue licenses. The process includeschecking NCIC through the American Samoa Office ofTerritorial and International Criminal Intelligence andDrug Enforcement (OTICIDE), as well as checking with

police departments on neighboring islands. OTICIDEconducts NICS checks for the territory.

Waiting period. No requirements.

Purchaser fees. A fee of $2 is charged by the policefor first time license applicants, and $2 is charged forrenewal of a license. The late registration fee is $2.

State data. Information is maintained manually.


Retention of records. License records are retained inaccordance with territorial statutes of limitation or aslong as a licensee is in possession of firearms.

Registration. Legal firearms are marked with suchletters as may be designated by the commissioner ofpublic safety and also marked with a number indicatingthe order of the license and registration as specified inthe license, unless the arm has a plainly visible anddistinctive serial number stamped on it.

Appeals of denials. An appeal of a license denial maybe addressed to the attorney general.


Relevant laws. American Samoa Code Annotated46.4201 et seq.

Source of information. American Samoa Office ofTerritorial and International Criminal Intelligence andDrug Enforcement (OTICIDE).

Contact. Jacinta Brown, O.T.I.C.I.D.E., P.O. Box 4567,Pago Pago, AS 96799, (684) 633-2827.


Guam

FBI conducts NICS checksTerritory conducts separate checks

Prohibited persons. Guam law prohibits issuing afirearms identification card to a person who is aconvicted felon, not a resident of the territory,adjudicated incompetent, subject to a physical ormental disease which would adversely affect the safeuse of the firearm, under the age of 18 years old,convicted of a drug offense, knowingly subject to arestraining order from a current or former intimatepartner, under an indictment or information for anyfelony offense, arrested for or convicted of a familyviolence offense, arrested or convicted in any casewhere personal injury resulted from the offense, orarrested for or convicted of offenses where a firearmwas an element or factor of the offense.

Restoration of rights. A convicted felon's right toreceive a firearms identification card cannot berestored. A person convicted of a misdemeanor wherea firearm was an element or factor of the offense orwhere personal injury resulted from the offense mayhave rights restored 10 years from the judgment date.

Prohibited firearms. The manufacture, possession,sale, barter, trade, gift, transfer, or acquisition of anymachine guns, submachine guns, automatic guns, pre-banned and post-banned weapons, or certain shortfirearms is prohibited.

Regulated sales. All transfers of lawful firearms,except for temporary transfers at shooting galleries,require that the person transferring or receiving thefirearm holds a current identification card. All weaponsmust be safety inspected by the Guam PoliceDepartment’s Armory Section. Both parties mustappear at the Armory and Record and ID Sections toconduct a transfer.

Permits. A valid identification card is required to own,possess, use, carry, acquire, or transfer any lawfulfirearm. The permit is renewed tri-annually on theholder’s birthday.

Background checks. The Guam Police Department(GPD) fingerprints all applicants for a firearmidentification background check and submits the printsto the Superior Court of Guam, which conducts theState Identifications Bureau checks for the Territory. NICS checks for the Territory are conducted by theFBI. Military personnel with top secret or secretclearance have the option to waive fees by providing acopy of their clearance. First-time applications andrenewals past 10 years require a check.

Waiting period. New applicants must wait until checkresults are received by GPD (about 30 days). Thewaiting period is waived for military personnel with a topsecret or secret clearance. Renewal applicants have nowaiting period if they do not have a criminal case orrestraining order that prevents renewal.

Purchaser fees. First-time applicants are charged $24by the Superior Court for the FBI backgroundinformation fee. GPD charges $10 for fingerprinting inorder to obtain the background information. When theapplication is approved, the applicant is charged $15 forthe identification card (renewable every 3 years). Thereis a $20 fee for permanent registration of each firearm.

State data. Guam agencies maintain fugitive, criminalhistory, and mental health data.

Check processing time. For first time applicants, theprocessing time is approximately 4 to 6 weeks.

Retention of records. GPD retains all identificationsindefinitely and all applications received since 1998 aremaintained indefinitely.

Registration. All weapons must be accompanied byeither an authorized gun dealer receipt, shippedhousehold goods declaration or a customs declarationsheet and an inspection sheet from the GPD armorerprior to registering a weapon at the GPD Records andID Section. A transfer from one person to anotherrequires that both parties be present at the Armory andRecords Sections. All transfers require a newregistration.

Appeals of denials. Territorial law does not provide aprocedure for appealing an identification denial. Judgments from Superior Court or U.S. District Court ofGuam may reinstate the privilege to own a weapon.

Arrests of denied persons. A person in possession ofa weapon without a valid firearms identification card isin violation of Guam law and may be arrested.

Relevant laws. 10 G.C.A.,Chapter 60: Firearms.

Source of information. Guam Police Department.

Contact. Karen Guerrero, Police Department Recordsand ID Section, P.O. Box 23909, GMF, Bamgada, GU96921, (671) 475-8498.


Puerto Rico

FBI conducts NICS checksCommonwealth conducts separate checks

Prohibited persons. The Superintendent of Police ofPuerto Rico shall not issue a license to have orpossess firearms to any person who has beenconvicted of any of the following offenses or of theattempt to commit the same, in or outside Puerto Rico:murder in any degree, manslaughter, kidnaping, rape,mayhem, intent to commit any felony, aggravatedassault and battery with a weapon, robbery, burglary,misappropriation, aggravated misappropriation, arson,aggravated arson, or incest. In addition, a licensecannot be issued to any person who is mentallyunbalanced, an habitual drunkard, addicted to acontrolled substance, or an alien, or who has been acitizen of the United States and renounced suchcitizenship, adjudicated as a mental defective by acourt, or discharged from the armed forces underdishonorable conditions, or is under a court orderprohibiting stalking, spying, threatening, orapproaching an intimate partner or children of anintimate partner, or has a history of violence oraggravated mistreatment.

Restoration of rights. No regulations coverrestoration of rights.

Prohibited firearms. It is unlawful to sell or keep forsale, or offer, give, lease or otherwise dispose of ortransport any automatic firearm, or to possess amachine gun, carbine, rifle, sawed-off shotgun or anyother modification of these, or any other firearm thatmay be fired automatically.

Regulated sales. The Weapons Law establishes thatno dealer in firearms or ammunition shall deliver afirearm or issue the corresponding delivery permit to apurchaser without the latter producing a license tohave and possess a firearm. No weapon is sold to theholder of a license from which the sales permit hasbeen removed.

Permits. A license is required to purchase or carry afirearm.

Background checks. License applications requirebackground checks conducted by the Police of PuertoRico. Applications are received by certified mail or inperson. The commonwealth is not a point of contactfor the NICS. Federally-licensed dealers contact theFBI for all checks required by the Brady Act.

Waiting period. The waiting period for the licenseevaluation process may be from 5 to 120 days.

Purchaser fees. Commonwealth law requires thatevery application shall be accompanied by an internalvoucher for $100.

State data. The police department maintains anelectronic registry. The Commonwealth has anautomated criminal history repository.

Check processing time. The background checkprocess can take from 4 months to more than 6months.

Retention of records. Approved applications areretained by the police for a maximum period of 130days.

Registration. Every firearm sold is registered with theSuperintendent of Police.

Appeals of denials. A license denial can be appealedunder the uniform administrative procedures of thecommonwealth.

Arrests of denied persons. ATF is notified of personswho submit false information on an application.

Relevant laws. Laws of Puerto Rico 25-411 et seq;Law No. 54 of August 15, 1989; Law No. 284 of August21, 1999; Law No. 404 of March 1, 2001; Law No. 177of August 1, 2003.

Source of information. Department of Justice.

Contact. Julio L. Rosa, Department of Justice,Statistical Analysis Center, P.O. Box 9020192, San Juan, PR 00902-0192, (787) 729-2484.


Virgin Islands

FBI conducts NICS checksTerritory conducts separate checks

Prohibited persons. Virgin Islands law provides thata license to have and possess a firearm cannot beissued to a person who has been convicted in oroutside the territory of a crime of violence, a drug lawviolation, or a firearms law violation, or is mentallyincompetent, an habitual drunkard, a drug addict, ordeemed to be an improper person by the police. Afirearm cannot be sold or furnished to a minor exceptin limited circumstances.

Restoration of rights. No information is available.

Prohibited firearms. It is an offense, unlessotherwise authorized by law, to have, possess, bear,transport, or carry any machine gun or sawed-offshotgun.

Regulated sales. Licensing requirements apply to allfirearm sales.

Permits. A license is required to possess, transport,or carry a firearm. A purchase coupon is issued to alicense applicant when the application is approved. The weapon purchased is brought in to the firearmsunit of the Virgin Islands Police Department. Information about the weapon is recorded and listed onthe license issued to the applicant.

Background checks. License applications require abackground check by the Virgin Islands PoliceDepartment, which includes contacting the FBI for aNICS check. The applicant completes and returns anotarized application. If no problems are found duringthe check, the information is forwarded to the PoliceCommissioner, who approves or disapproves theapplication. A purchase coupon takes the place of aNICS check at the point of sale.

Waiting period. Firearm transfers require a 48-hourwaiting period, regardless of when a background checkis completed.

Purchaser fees. The Virgin Islands charges a $5application fee, a $50 registration fee per weapon, anda $15 late registration fee. The renewal fee is $30 perweapon. New photographs are required with eachrenewal.

State data. The territory maintains manual criminalhistory information.


Retention of records. No information is available.

Registration. After purchase, the bill of sale and theweapon are brought to the police, who record allpertinent information.

Appeals of denials. A person who is denied a firearmlicense may appeal to territorial court.


Relevant laws. Virgin Islands Code 14-2253; 23-451 etseq.

Source of information. Virgin Islands PoliceDepartment.

Contact. Anthenia Brown, Police Department,Alexander Farrelly Justice Complex, Charlotte Amalie,St. Thomas, VI 00802, (340) 774-2211.


Washington, D.C.

FBI conducts NICS checksDistrict conducts separate checks

Prohibited persons. A registration certificate for alegal firearm cannot be issued to a person who is under18 years of age (those between the ages of 18 and 21need a notarized statement from a parent or guardian),convicted of or under indictment for a crime of violenceor a weapons offense, convicted of an offense involvingdrugs, assaults, or threats, acquitted by reason ofinsanity, adjudicated a chronic alcoholic, committed to amental hospital, suffering from a physical defect andunable to use a firearm safely, adjudicated negligent ina firearm mishap causing death or serious injury, orotherwise ineligible under District law. Registrationapplicants are required to demonstrate adequate visionand pass a written test evidencing satisfactoryknowledge of district firearm laws.

Restoration of rights. Persons convicted ofmisdemeanor offenses involving drugs, certainassaults, or threats, and certain other prohibitedpersons may be allowed to register a firearm after a5-year disqualification.

Prohibited firearms. A registration certificate shall notbe issued for a sawed-off shotgun, machine gun,short-barreled rifle, or handgun not validly registeredprior to September 24, 1976. Handguns cannot bepurchased, except by law enforcement officers, retiredDistrict police officers, military personnel, licenseddealers, and organizations employing at least onecommissioned special police officer or employeelicensed to carry a firearm (where the handgun is usedsolely during the employee's duty hours).

Regulated sales. Private individuals may only sell ortransfer registered firearms and ammunition to alicensed dealer in the District, and may only purchaselong guns in person from a licensed dealer. Delivery ofa firearm to a District resident will be withheld until aregistration certificate is issued by the MetropolitanPolice Department.

Permits. A valid registration certificate is required forpossession or transfer of any firearm.

Background checks. The Chief of Police conductsbackground checks and issues registration certificates.The District is not a point of contact for the NICS. Licensed firearms dealers contact the FBI for all checksrequired by the Brady Act.

Waiting period. No requirements.

Purchaser fees. The fingerprint fee is $35 and thefirearms registration fee is $13.

State data. Criminal history records are partiallyautomated and include domestic violencemisdemeanor convictions and restraining order data. Mental health records are checked if a registrationapplicant indicates a commitment.

Check processing time. A background check isprocessed in approximately 6 to 8 weeks.

Retention of records. No information is available.

Registration. All handguns owned prior to September24, 1976 were required to be registered on or beforeNovember 22, 1976. Long guns acquired afterSeptember 24, 1976 must also be registered.

Appeals of denials. Registration denials andrevocations may be appealed to the Police Department. Evidence supporting reconsideration must besubmitted otherwise the denial or revocation will beupheld. A police decision may be appealed to theDistrict of Columbia Court of Appeals. In the event of afinal unfavorable decision, the applicant or registrantmust lawfully dispose of the firearm.

Arrests of denied persons. A violation of theDistrict's firearms control act may result in a $1,000 fineor 1 year in jail, or both.

Relevant laws. District of Columbia Code 2001, Title7, Chapter 25; Firearms Control Act of 1975.

Source of information. District of ColumbiaMetropolitan Police Department; United StatesAttorney's Office.

Contact. Dean Welch, Metropolitan PoliceDepartment Registration Unit, P.O. Box 1606,Washington, D.C. 20013, (202) 442-4247.

State Received Rejected Rejection rate Received Rejected Rejection rateAlaska --- --- --- 3,036 17 0.6%Arizona --- --- --- 21,319 39 0.2%Arkansas --- --- --- 4,187 46 1.1%California 290,376 3,028 1.0% --- --- ---Colorado 141,617 4,881 3.4% --- --- ---

Connecticut 57,585 170 0.3% --- --- ---Delaware 9,546 301 3.2% --- --- ---Florida 276,130 6,004 2.2% --- --- ---Georgia 192,158 3,272 1.7% --- --- ---Hawaii --- --- --- 6,792 114 1.7%

Illinois 154,641 1,094 0.7% 234,667 6,819 2.9%Indiana --- --- --- 76,110 1,455 1.9%Maryland 23,897 457 1.9% --- --- ---Minnesota --- --- --- 15,873 196 1.2%Nevada 48,023 982 2.0% --- --- ---

New Hampshire 12,969 149 1.1% --- --- ---New Jersey 37,409 141 0.4% 46,144 910 2.0%North Dakota --- --- --- 2,415 5 0.2%Oregon 123,167 2,532 2.1% --- --- ---South Carolina --- --- 9,503 343 3.6%

Tennessee 202,063 7,921 3.9% --- --- ---Utah 64,844 1,736 2.7% 7,428 102 1.4%Virginia 195,308 2,142 1.1% --- --- ---Wisconsin 32,497 530 1.6% --- --- ---Wyoming --- --- --- 1,207 36 3.0%

Number NumberPopulation levela Received Rejected Rejection rate of Agencies of StatesSmall 14,132 123 0.9% 215 9Medium 69,224 1,038 1.5% 210 9Large 49,250 1,440 2.9% 33 9

Small 4,358 27 0.6% 61 7Medium 27,669 347 1.3% 135 7Large 18,429 320 1.7% 20 6

Table 1a. Applications for firearm permits processed by local agencies, grouped by population level of community served, 2003

Table 1. Applications for firearm transfers and permits processed by States, 2003

Note: Counts are from agencies that reported complete statewide data for the entire period. Hawaii, Minnesota, and New Jersey permits are issued locally but counts are reported by a State agency.---Not applicable or data not available

Firearm transfer applicationsa Purchase or carry permit applicationsb

Note: Counts are from agencies that provided data.aBased on populations of communities served by checking agencies: under 10,000 (small); 10,000 to 100,000 (medium); over 100,000 (large).

aCounts include all types of firearms except those for New Hampshire and Wisconsin (handguns only);

Purchase permit applications

Exempt carry permit applications

States listed use instant check except for California and Maryland, which have "other approval" systems.bCounts are for carry permits that may waive a purchase check, except for Hawaii (permits to acquire), Illinois (identification cards), and New Jersey (identification cards and handgun permits).

Source: Background Checks for Firearm Transfers, 2003, September 2004, NCJ 204428.

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Misde- Mental Restraining Drug Alcohol Minor Juvenile Jurisdiction Felonya meanora Fugitive illnessb order abusec abusec underage offense Aliensd

Federal X X X X X X --- X --- XAlabama X --- --- X --- X X X --- ---Alaska X --- --- --- --- X X X X ---Arizona X --- --- X --- --- --- X X ---Arkansas X --- --- X --- --- --- X --- ---California X X --- X X X --- X X ---Colorado X --- --- --- --- --- --- X X ---Connecticut X X --- X X --- --- X X XDelaware X X --- X X X X X X ---Florida X X --- X X X X X X ---Georgia X --- --- X --- --- --- X X ---Hawaii X X X X X X X X X XIdaho X --- --- --- --- --- --- X --- ---Illinois X X --- X X X --- X X XIndiana X X --- X X X X X X ---Iowa X X --- X --- X X X X ---Kansas X --- --- --- --- X --- X X ---Kentucky X --- --- --- --- --- --- X X ---Louisiana X X --- --- --- --- --- X --- ---Maine X --- --- X X --- --- X X ---Maryland X X X X X X X X X ---Massachusetts X X X X X X X X X XMichigan X --- --- X X --- --- X --- XMinnesota X X X X --- X --- X X XMississippi X --- --- --- --- X X X --- ---Missouri X X X X --- X X X --- XMontana X --- --- --- --- --- --- X --- ---Nebraska X --- X --- --- --- --- X --- ---Nevada X --- X X --- X --- X --- XNew Hampshire X --- --- --- X --- --- X --- ---New Jersey X X --- X X X X X X ---New Mexico X --- --- --- --- --- --- X --- ---New York X X --- X X --- --- X --- ---North Carolina X --- X X X X --- X --- XNorth Dakota X X --- X --- --- --- X --- ---Ohio X --- X X --- X X X X ---Oklahoma X --- --- X --- X X X X ---Oregon X X X X --- --- --- X X ---Pennsylvania X X X X X X X X X XRhode Island X --- X X --- X X X --- XSouth Carolina X X X X --- X X X --- ---South Dakota X --- --- --- --- X --- X --- ---Tennessee X --- --- --- --- X X X --- ---Texas X X --- --- X X X X --- ---Utah X --- --- X --- X --- X X XVermont --- --- --- --- --- --- --- X --- ---Virginia X X --- X X X --- X X XWashington X X --- X --- X --- X X ---West Virginia X X --- X X X X X ---- XWisconsin X --- --- X X --- --- X X ---Wyoming X --- --- --- --- --- --- --- --- --- State totals 49 23 13 34 20 30 20 49 27 14

cIncludes persons convicted of substance-related offenses, addicted to a substance or intoxicated at time of purchase.dIncludes laws that require U.S. citizenship or prohibit some or all aliens.

Table 2. Prohibited persons: statutory basis for denial of firearm sale or possession, June 30, 2004

Notes: Does not include State laws that incorporate Federal prohibitions. Types of firearms covered by statutes varies. aGenerally, felony has penalty of 1 year sentence or more, misdemeanor less than 1 year; offenses included vary by State. bIncludes persons adjudicated mentally ill, committed to a mental institution, or acquitted by reason of insanity.

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Jurisdiction Handgun Long Gun Statute Handgun Long Gun StatuteFederal 21 18 18:922(b), (x) --- --- ---- FederalAlabama 18 --- 13A-11-76 --- --- ---- AlabamaAlaska 18 18 11-61-210, 220 X --- 11-61-200 AlaskaArizona 18 18 13-3109 X X 13-3101 ArizonaArkansas 18 18 5-73-119 --- --- ---- ArkansasCalifornia 21 18 PC 12072(a),(b) X X PC 12021(e) CaliforniaColorado 18 18 8-12-108.5, 108.7 X X 18-12-108 ColoradoConnecticut 21 18 29-34, 36f X X 53a-217 ConnecticutDelaware 21 18 11-1445; 24-903 X X 11-1448 DelawareFlorida 18 18 790.17 X X 790.23 FloridaGeorgia 18 --- 16-11-132 X --- 16-11-132 GeorgiaHawaii 21 18 134-4 X X 134-7(d) HawaiiIdaho 18 18 18-3302A --- --- ---- IdahoIllinois 21 21 430:65/8 X X 430:65/8 IllinoisIndiana 18 18 35-47-2-7 X --- 35-47-2-7 IndianaIowa 21 18 724.15, 724.22 X X 724.26 IowaKansas 18 --- 21-4204a X X 21-4204 KansasKentucky 18 --- 527.1 X X 527.04 KentuckyLouisiana 18 --- 14:91; 14:95.8 --- --- ---- LouisianaMaine 21 16 17:554-A, B, C X X 15:393(1) MaineMaryland 21 18 PS 5-133, 134 X --- PS 5-133, 134 MarylandMassachusetts 21 18 140:130 X X 140:129B MassachusettsMichigan 21 18 28.422; 750.223 --- --- ---- MichiganMinnesota 18 18 624.713 X X 624.713 MinnesotaMississippi 18 18 97-37-13, 14 --- --- ---- MississippiMissouri 21 18 571.090.1 --- --- ---- MissouriMontana 14 14 45-8-344 --- --- ---- MontanaNebraska 21 --- 28-1204, 69-2404 --- --- ---- NebraskaNevada 18 18 202.300, 310 --- --- ---- NevadaNew Hampshire 18 --- 159:12 --- --- ---- New HampshireNew Jersey 21 18 2C:58-3, 2C:58-6.1 X X 2C:58-3 New JerseyNew Mexico 19 --- 30-7-2.2 --- --- ---- New MexicoNew York 21 16 PL 265.05; 400.00 --- --- ---- New YorkNorth Carolina 18 12 14-269.7 --- --- ---- North CarolinaNorth Dakota 18 --- 62.1-02-01 --- --- ---- North DakotaOhio 21 18 2923.21 X X 2923.13(A) OhioOklahoma 18 18 21:1273 X X 21:1289.12 OklahomaOregon 18 18 166.470 X X 166.250 OregonPennsylvania 18 18 18:6110.1 X X 18:6105(c) PennsylvaniaRhode Island 21 18 11-47-30 et seq. --- --- ---- Rhode IslandSouth Carolina 21 --- 16-23-30 --- --- ---- South CarolinaSouth Dakota 18 --- 23-7-44, 46 --- --- ---- South DakotaTennessee 18 18 39-17-1303, 1319 --- --- ---- TennesseeTexas 18 18 PC 46.06 --- --- ---- TexasUtah 18 18 76-10-509 et seq. X X 76-10-503 UtahVermont 16 16 13:4008 --- --- ---- VermontVirginia 18 18 18.2-308.7 X X 18.2-308.2 VirginiaWashington 21 18 9.41.040; 9.41.240 X X 9.41.040 WashingtonWest Virginia 18 18 61-7-8 ---- --- ---- West VirginiaWisconsin 18 18 948.60 X X 941.29 WisconsinWyoming --- --- ---- --- --- ---- Wyoming

Table 3. Minors: restrictions based on age or juvenile offender status, June 30, 2004

bSee State summaries for details of restrictions on purchase and possession.

Minimum age: unrestricted possession and purchase a Juvenile offenders restrictedb

aNo restrictions on purchase or possession by or transfer to persons over this age.

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Licensed LicensedJurisdiction dealersb All sales Gun show only dealersb All sales Gun show onlyFederal X --- --- X --- ---Alabama Xc --- --- Xc --- ---California X X --- X X ---Colorado X --- X X --- XConnecticut X X --- X --- XDelawared X --- --- Xe --- ---Florida X --- --- X --- ---Georgia X --- --- X --- ---Hawaii X X --- X X ---Illinois X X --- X X ---Indiana X --- --- --- --- ---Iowa X X --- --- --- ---Marylandf X X --- --- --- ---Massachusetts X X --- X X ---Michigan X X --- --- --- ---Minnesotaf X --- --- --- --- ---Missouri X X --- --- --- ---Nebraska X X --- --- --- ---Nevadad X --- --- X --- ---New Hampshire X --- --- --- --- ---New Jersey X X --- X X ---New York X X --- Xc --- Xc

North Carolina X X --- --- --- ---Oregond X --- X X --- XPennsylvania X X --- X --- ---Rhode Island X X --- X X ---Tennessee X --- --- X --- ---Utah X --- --- X --- ---Virginia X --- --- X --- ---Washington X --- --- --- --- ---Wisconsin X --- --- --- --- --- State totals 30 15 2 19 6 4- - -Not applicableaAn "X" indicates that a buyer must present a permit or undergo a background check (or both) before

the seller can transfer a firearm (see table 5 for details).bIncludes dealer sales at retail stores and gun shows.cState law requires a NICS check which is conducted by the FBI.dUnlicensed sellers who are not required to request a background check may do so voluntarily.eIncludes only rifle sales; shotgun sales are exempt.fHandgun procedures also apply to certain assault weapon sales.

Table 4. Regulation of dealer, private, and gun show sales, June 30, 2004

Handgun sales regulateda Long gun sales regulateda

Unlicensed persons Unlicensed persons

78

Handgun sales Long gun sales Instant Purchase Other Waiting Instant Purchase Other Waiting

Jurisdiction checka permitb approvalc periodd checka permitb approvalc periodd Sale PermitFederal X --- --- --- X --- --- --- 3 days ---California --- --- X 10 days --- --- X 10 days 10 days ---Colorado X --- --- --- X --- --- --- 3 days ---Connecticut X X --- --- X --- --- 14 daysf 14 days 90 daysDelaware* X --- --- --- X --- --- --- 3 days ---Florida X --- --- 3 days X --- --- --- 3 days ---Georgia X --- --- --- X --- --- --- 3 days ---Hawaii --- X --- 14 days --- X --- 14 days --- 20 daysIllinois X X --- 3 days X X --- 1 day 1-3 days 30 daysIndiana* X --- --- --- --- --- --- --- 2 days ---Iowa --- X --- 3 days --- --- --- --- --- NoneMarylandg --- --- X 7 days --- --- --- --- 7 days ---Massachusetts* --- X --- --- --- X --- --- --- 40 daysMichigan --- X --- --- --- --- --- --- --- NoneMinnesota*h --- X X 7 days --- --- --- --- 7 days 7 daysMissouri* --- X --- --- --- --- --- --- --- 7 daysNebraska --- X --- --- --- --- --- --- --- 2 daysNevada X --- --- --- X --- --- --- 3 days ---New Hampshire X --- --- --- --- --- --- --- 3 days ---New Jersey* X X --- 7 days X X --- --- 3 days 30 daysNew York --- X --- --- Xi --- --- --- --- 180 daysNorth Carolina --- X --- --- --- --- --- --- --- 30 daysOregon X --- --- --- X --- --- --- 3 days ---Pennsylvania X --- --- --- X --- --- --- 15 days ---Rhode Island* --- --- X 7 days --- --- X 7 days 7 days ---South Dakota --- --- --- 2 days --- --- --- --- --- ---Tennessee X --- --- --- X --- --- --- 3 days ---Utah X --- --- --- X --- --- --- 3 days ---Virginia X --- --- --- X --- --- --- 3 days ---Washington --- --- X --- --- --- --- --- 7 days ---Wisconsin X --- --- 2 days --- --- --- --- 2 days --- State totals 16 12 5 --- 14 4 2 --- --- ---- - -Not applicable*States where purchasers are required to undergo a State check and a NICS check by different agencies.a"Instant check" generally requires an agency to respond to seller inquiries immediately or as soon as possible. Includes State systems implemented to enforce Federal law.b"Purchase permit" includes documents (permits, licenses, identification cards, etc.) issued by State agency and required for purchase. Not included are documents which allow waiver of a point-of-sale check but are not required for a purchase.c"Other approval" generally requires a seller to transmit an application to a checking agency, with transfers delayed until a waiting period expires or the agency completes a check.dPeriod of time after sale or permit application is filed which must expire before transfer of firearm or issuance of permit.eMaximum time allowed for checking agency to decide on sale (instant check or other approval) or permit applicationExtension may be allowed in some cases. NICS 3-day rule may apply in absence of State law.fLong gun waiting period is waived if buyer has a handgun permit.gHandgun procedures also apply to sales of certain assault weapons.hHandgun and assault weapon buyers have the options of a purchase permit or the other approval process.iState law requires a NICS check which is conducted by the FBI.

Check time limite

Table 5. Background check and permit procedures, June 30, 2004

79

Denying Other CourtJurisdiction Sale check Permit Allowed Denied agency agencyc systemFederal None --- 1 day Indefinitely X --- XAlabama --- --- Indefinitely --- --- --- ---California $20.00d --- Indefinitely Indefinitely X --- ---Colorado None --- 1 day Indefinitely X --- ---Connecticut None $94.00e 5 years 5 years Xf Xf ---Delaware None --- 60 days Indefinitely X --- XFlorida $5.00 --- 2 days 2 years X --- ---Georgia $5.00 --- 1 day 90 days X --- XHawaii --- $24.00 Indefinitely Indefinitely --- --- ---Illinois $2.00 $5.00 Indefinitely 10 years X --- XIndiana $3.00 --- 30 days Indefinitely X --- XIowa --- Varies 4 years Varies --- --- XMaryland $10.00 --- Indefinitely Indefinitely X --- XMassachusetts --- $100.00 Indefinitely Indefinitely --- --- XMichigan --- None 6 years Varies --- --- XMinnesota None None Varies Varies --- --- XMissouri --- $10.00 Indefinitely Indefinitely --- --- XNebraska --- $5.00 Varies Varies --- --- XNevada $25.00 --- 1 day 2 years X --- ---New Hampshire None --- 1 day 3 years X --- XNew Jersey None $54.00g Indefinitely Indefinitely Xh --- Xh

New York $99.00i Indefinitely Indefinitely --- --- ---North Carolina --- $5.00 10 years Indefinitely --- --- XOregon $9.00 --- 5 years 5 years X --- ---Pennsylvania $2.00j --- Not kept 20 years X X XRhode Island Varies --- 30 days 30 days --- --- ---South Carolina --- --- Indefinitely Indefinitely --- --- ---South Dakota --- --- 1 year 1 year --- --- ---Tennessee $10.00 --- Not kept Indefinitely X --- ---Utah $7.50 --- 20 days Indefinitely X --- ---Virginia $2.00k --- 30 days 2 years X --- XWashington None --- 1 day Indefinitely --- --- XWisconsin $8.00 --- 30 days Indefinitely X --- X State Totals --- --- --- --- 18 2 18

aCovers check or permit required for firearm purchase. "None" means a fee is prohibited or not required.

jAn additional $3 may be charged for sales tax on certain firearms.kFee for a check on a Virginia resident; a check on a non-resident costs $5.

dCovers single handgun or unlimited number of long guns; fee for each additional handgun is $16.eFee for pistol permit; eligibility certificate is $59.

gFee for firearms purchaser identification card; permit to purchase a handgun is $51.

iSome issuing authorities may charge additional fees.

--- Not applicable or data not availableX Statute or regulation provides a specific process to appeal a denial of a firearm purchase or a permit required for purchase. Some denying agencies may reconsider a decision even if not required to do so by State law.

bRetention of firearm permit or purchase records by law enforcement pursuant to statute or agency policy.

Table 6. Fees, record retention, and appeals, June 30, 2004

Maximum agency feeaLength of time agencies Appeal forums

retain transaction recordsb

If a State has retention periods that vary by type of data, the longest applicable period is listed.cAn agency apart from the one that denied the application.

fDenying agency hears purchase appeals; Board of Firearm Permit Examiners hears permit appeals.

hDenying agency hears purchase appeals; court hears permit appeals.

80

Assault Machine Short-barrel Short-barrel Unsafe Jurisdiction weapon gun rifle shotgun handgun Other types of firearmsFederal X X X X --- Firearm undetectable by airport securityAlabama --- --- X X --- ---Alaska --- X X X --- ---Arizona --- X X X --- ---Arkansas --- X X X --- Silent discharge firearmCalifornia X X X X X Unrecognizable, cane, wallet, and zip guns, etc.Colorado --- X X X --- ---Connecticut X X --- X --- ---Delaware --- X --- X --- ---Florida --- X X X --- ---Georgia --- X X X --- ---Hawaii X X X X X ---Idaho --- --- --- --- --- ---Illinois --- X X X X Firearm shaped like a wireless telephoneIndiana --- X --- X --- ---Iowa --- X X X --- Silenced firearmKansas --- X X X --- ---Kentucky --- --- --- --- --- ---Louisiana --- X X X --- ---Maine --- X --- --- --- ---Maryland X X X X X ---Massachusetts X X X X X ---Michigan --- X X X --- ---Minnesota --- X --- X X ---Mississippi --- --- --- --- --- ---Missouri --- X X X --- ---Montana --- --- X X --- ---Nebraska --- X X X --- ---Nevada --- X X X --- ---New Hampshire --- --- --- --- --- ---New Jersey X X --- X --- ---New Mexico --- --- --- --- --- ---New York X X X X --- Disguised gunNorth Carolina --- X X X --- Barrel with bore over 1/2 inch in diameterNorth Dakota --- X X X --- ---Ohio --- X X X --- Zip gunOklahoma --- --- X X --- ---Oregon --- X X X --- ---Pennsylvania --- X --- X --- Silent discharge firearmRhode Island --- X X X --- ---South Carolina X X X X X ---South Dakota --- X --- X --- ---Tennessee --- X X X --- ---Texas --- X X X --- Zip gunUtah --- --- --- --- --- ---Vermont --- --- --- --- --- Zip gunVirginia X X X X --- Plastic firearmWashington --- X X X --- ---West Virginia --- X --- --- --- ---Wisconsin --- X X X --- ---Wyoming --- --- --- --- --- ---

State Totals 9 39 33 40 7

X - Possession is prohibited or allowed only under limited exceptions, or there is a registration requirement.See Glossary for definitions of firearm types. The table does not include firearm accessories.

Table 7. Prohibited and restricted firearms, June 30, 2004

81

ExemptState FBI POC FBI POC FBI POC permitb Name of exempt permitAlabama X --- X --- Xc --- --- ---Alaska X --- X --- X --- X Concealed handgunArizona X --- X --- X --- X Concealed weaponArkansas X --- X --- X --- X Concealed handgunCalifornia --- X --- X --- X --- ---Colorado --- X --- X --- X --- ---Connecticut --- X --- X --- X --- ---Delaware X --- X --- X --- --- ---Florida --- X --- X Xd Xd --- ---Georgia --- X --- X --- X X Concealed handgunHawaii --- X --- X --- X X Permits to acquireIdaho X --- X --- X --- X Concealed weaponIllinois --- X --- X --- X --- ---Indiana X --- X --- Xc --- --- ---Iowa --- X X --- X --- X Permits to acquire or carryKansas X --- X --- X --- --- ---Kentucky X --- X --- X --- --- ---Louisiana X --- X --- X --- --- ---Maine X --- X --- X --- --- ---Maryland --- X X --- X --- --- ---Massachusetts X --- X --- Xc --- --- ---Michigan --- X X --- Xc --- X License to purchaseMinnesota X --- X --- X --- --- ---Mississippi X --- X --- X --- X Concealed handgunMissouri X --- X --- X --- --- ---Montana X --- X --- X --- X Concealed weaponNebraska --- X X --- X --- X Transfer certificateNevada --- X --- X --- X X Concealed firearmNew Hampshire --- X X --- Xe Xe --- ---New Jersey --- X --- X --- c --- ---New Mexico X --- X --- X --- --- ---New York --- X X --- X --- X Handgun licenseNorth Carolina --- X X --- X --- X Permits to purchase or carryNorth Dakota X --- X --- X --- X Concealed weaponOhio X --- X --- X --- --- ---Oklahoma X --- X --- X --- --- ---Oregon --- X --- X --- X --- ---Pennsylvania --- X --- X --- Xc --- ---Rhode Island `X --- X --- X --- --- ---South Carolina X --- X --- X --- X Concealed handgunSouth Dakota X --- X --- X --- --- ---Tennessee --- X --- X --- X --- ---Texas X --- X --- X --- X Concealed handgunUtah --- X --- X --- X X Concealed firearmVermont X --- X --- X --- --- ---Virginia --- X --- X --- X --- ---Washington --- X X --- X --- --- ---West Virginia X --- X --- X --- --- ---Wisconsin --- X X --- X --- --- ---Wyoming X --- X --- X --- X Concealed weapon Total 27 23 36 14 37 14 19 ---

Table 8. National Instant Criminal Background Check System (NICS): Checking agencies, June 30, 2004

FBI or State point of contact for firearm transfersa

Handguns Long guns Pawn Redemptions

dIf less than 90 days after pawn, broker can call FBI or State; more than 90 days, broker must call State.eFBI checks long gun redemptions; POC checks handgun redemptions.

---Not applicable aIncludes checks on applicants for a purchase or a permit required for a purchase.bState or local agency issues ATF-qualified permit that, as of June 30, 2004, exempts holder from NICS sale check. cState forbids pawning a handgun (all firearms in New Jersey); any redemption checks are for long guns.

82

Agency with Special State Agency with Special StateState jurisdictiona unitb jurisdictiona unitb ATFCalifornia X -- X -- --Colorado X -- X -- XConnecticut X -- -- X --Delaware X -- X -- --Florida X -- X X XGeorgia X -- X -- XIllinois X -- -- X XIndiana X -- -- -- XMaryland -- X -- X --Nevada X -- -- -- XNew Hampshire X -- X -- XNew Jersey X X -- X --Oregon X -- X -- --Pennsylvania X -- X -- XTennessee X -- -- -- XUtah X -- X -- XVirginia -- X -- X XWisconsin X X X X X Totals 16 4 10 7 12

bIncludes units within the same agency as the checking unit.

-- Not applicable or information not available.Note: States listed have one statewide agency that checks purchase or permit applicants.

aMay include Federal, State, or local agencies that issued a warrant or have jurisdiction over the site of the transaction or the location of the denied person's residence.

Table 9. Notification procedures of State agencies regarding denied persons subject to arrest, June 30, 2004

Notice of outstanding warrant Notice of false application or illegal attempt to buy

83

Statewide Entered into In criminal Method used to distinguish from Jurisdiction database NCIC file history (CH) other misdemeanors in CHa

Federal --- X X Flagged records (from States) Alabama X X X Flagged recordsAlaska X X X Flagged recordsArizona X X X Flagged recordsArkansas X X X Flagged recordsCalifornia X X X Flagged recordsColorado X X X Flagged recordsConnecticut X X X Flagged recordsDelaware X X X Flagged recordsFlorida X X XGeorgia X X X Flagged recordsHawaii X --- X Flagged recordsIdaho --- X XIllinois X X X Flagged recordsIndiana X X ---Iowa X X X Flagged recordsKansas X X X Statute citationsKentucky X X XLouisiana X X X Modifier denoting DVMaine X X ---Maryland X X X Flagged recordsMassachusetts X X X Included in crimes of violenceb

Michigan X X X Flagged recordsMinnesota X X X Offense codesMississippi --- --- ---Missouri X X X Flagged recordsMontana --- X X Flagged recordsNebraska X X X Flagged recordsNevada X --- X Flagged recordsNew Hampshire X X X Flagged recordsNew Jersey X --- X Flagged recordsNew Mexico X X X Flagged recordsNew York X X ---North Carolina --- X X Flagged recordsNorth Dakota X X ---Ohio --- X ---Oklahoma --- X X Offense codes / flagged recordsOregon X X X Flagged recordsPennsylvania X X X Flagged recordsRhode Island X X X Flagged recordsSouth Carolina --- X X Flagged recordsSouth Dakota X X X Flagged recordsTennessee X X X Flagged recordsTexas X X X Flagged recordsUtah X --- X Flagged recordsVermont X X X Flagged recordsVirginia X X X Flagged recordsWashington X X X Flagged recordsWest Virginia X X XWisconsin X X X Flagged recordsWyoming X X X Flagged records State totals 43 45 44

---No data are available for firearm background checks or availability is unknown.

bDomestic misdemeanors are not flagged because all crimes of violence are disqualifying offenses.

Table 10. Data accessed for firearm background checks: domestic violence, June 30, 2004

X Data are accessed by checking agencies within the jurisdiction (may not be available to other checking agencies).

aExtent of flagging and ability to distinguish domestic crimes from other misdemeanors varies significantly by jurisdiction.

Restraining (protective) orders Domestic violence misdemeanor convictions

84

Criminal Wanted Agency In criminal Local or other Juvenile Other Jurisdiction historiesb fugitives databasec histories source offenders recordsd

Federal X X X --- --- --- XAlabama X X --- X --- --- XAlaska X X --- X --- --- ---Arizona X X X --- --- --- XArkansas X X --- --- --- --- XCalifornia X X X X --- X XColorado X X --- X X X XConnecticut X X X X --- X XDelaware X X X --- --- X XFlorida X X --- X --- X XGeorgia X X X X --- --- XHawaii X --- X X X --- ---Idaho X X --- --- --- --- XIllinois X X X --- --- X ---Indiana X X --- --- --- X XIowa X X --- X X X XKansas X --- --- --- --- X XKentucky X X --- --- --- --- ---Louisiana X X X --- --- --- XMaine X X --- X --- X XMaryland X X --- --- X --- XMassachusetts X X X --- --- X XMichigan X X X X --- X XMinnesota X X X X --- X XMississippi X X --- --- --- --- ---Missouri X X --- X --- --- XMontana X X --- X --- --- XNebraska X X X --- --- --- XNevada X X --- --- X --- ---New Hampshire X X --- X --- --- XNew Jersey X X X X X X XNew Mexico X --- --- --- --- X ---New York X X X X --- --- ---North Carolina X X --- --- X --- XNorth Dakota X X --- --- --- --- XOhio X X X --- --- --- XOklahoma X --- X X --- --- ---Oregon X X X --- --- X XPennsylvania X X X --- --- --- XRhode Island X X --- --- --- --- XSouth Carolina X X --- --- --- X ---South Dakota X X --- X --- --- XTennessee X X --- --- --- --- XTexas X X --- --- X X XUtah X X X X --- --- XVermont X X --- X --- --- XVirginia X X X X --- X XWashington X X X X --- X XWest Virginia X X --- --- --- --- ---Wisconsin X X X --- --- X XWyoming X X --- --- --- --- --- State totals 50 46 22 23 8 21 38

aMay include involuntary commitment, not guilty by reason of insanity, incompetent to stand trial, or other data.bContain at least felony arrests and dispositions; may have data on misdemeanors and mental illness.cAccessed by statewide checking agency or mental health department (FBI maintains Federal data).dMay include probation, parole, motor vehicle, and specialized files.

Table 11. Data accessed for firearm background checks: other prohibitions, June 30, 2004Mental defective / committeda

X Data are accessed by checking agencies within the jurisdiction (may not be available to other checking agencies).---No data are available for firearm background checks or availability is unknown.

85

State Topic; summary of change in law; citation; effective dateBackground checks: All firearm transfers by a licensed importer, manufacturer, or dealer shall be subject to a NICS check. Act 2004-641; 06/04.

Alaska Permits: The statute that required a person to possess a permit while carrying a concealed handgun was repealed. A person who may legally carry a firearm may now carry it concealed without a permit. 18.65.750; 09/09/03.

Prohibited persons: A misdemeanor conviction for certain offenses that involved discharging a firearm now causes a lifetime possession ban instead of a 10-year ban. Crimes involving carrying firearms were added to those that prohibit a juvenile offender from having firearms until age 30. It is now an offense to possess a firearm while subject to a protective order based on elder or dependent adult abuse. Penal Code 12021; 01/01/04Background checks: A determination of a person's eligibility to possess firearms may be requested directly from DOJ by that person for a $20 fee. Penal Code 12077.5; 01/01/04.

Purchaser fees: An amendment clarified that in a private party transfer a dealer may charge a $10 fee per firearm in addition to a $20 DOJ fee. Penal Code 12077; 01/01/04.

Prohibited persons: Amendments made it a crime for a person to possess a firearm, pistol or revolver while subject to a foreign order of protection. 53a-217, 53a-217c; 10/01/03.

State data: The registry of protective orders statute was amended to provide that the registry shall contain foreign orders of protection. 51-5c; 10/01/03.

Prohibited persons: Cyberstalking was added to the enumerated offenses that will cause nonapproval of a firearm transaction. 790.065; 10/01/03.

Background checks: The sunset date for the State's instant check law was extended to October 1, 2009. 790.065; 05/21/04.

Registration: A new statute prohibits the knowing and willful creation or maintenance of any list, record, or registry of privately owned firearms or firearm owners. 790.335; 05/13/04.

Idaho Restoration of rights: A person convicted of murder or voluntary manslaughter may not ship, transport, possess or receive a firearm after discharge from custody, regardless of when the conviction occurred. 18-310; 07/01/03.

Prohibited persons: An amendment prohibits issuance of a FOID card to a person who is currently adjudicated or had been adjudicated delinquent for an offense that would be a felony if committed by an adult. 430:65/8; 01/01/04.

Prohibited firearms: An exception to the unlawful use of weapons statute allows a business that designs and manufactures ammunition to use a device, attachment, or weapon solely to test ammunition. 720: 5/24-2; 08/05/03.

Regulated sales: An amendment makes it an offense to be engaged in the business of selling firearms without a federal license. 720:5/24-3; 07/10/03.

Waiting period: An amendment exempted a firearm sale to a licensed dealer from waiting period requirements. 720:5/24-3; 07/10/03.

Appeals of denials: A person who was adjudicated delinquent for an offense that would be a felony if committed by an adult may appeal a FOID denial to circuit court if at least 10 years have elapsed since adjudication. 430:65/10; 01/01/04.

Arrests of denied persons: The unlawful purchase of a firearm statute was amended to clarify that the sentencing provisions apply to an unlawful attempt to purchase firearms. 720:5/24-3.5; 08/07/03.

Illinois

California

Connecticut

Florida

Table 12. Revisions of sales regulations and other significant changes in State firearm laws, July 1, 2003 to June 30, 2004

Alabama

State data: Data needed for a NICS check shall be provided to the Criminal Justice Information Center by State and local agencies. A court order for involuntary commitment of a person who has a history of inappropriate use of firearms or poses a threat to do so shall be forwarded to CJIC and entered into the State system and the NICS. Act 2004-641; 06/04.

86

State Topic; summary of change in law; citation; effective date


Prohibited persons: A new section makes it unlawful for a person who has been convicted of domestic battery to knowingly or intentionally possess a firearm, unless the person's rights have been restored. 35-47-4-6; 07/01/03.

Restoration of rights: A person who has been convicted of a crime of domestic violence may petition the court for restoration of the right to possess a firearm, not earlier than 5 years after the date of conviction. 3-7-13-5, 33-4-5-7; 07/01/03.

Louisiana Prohibited persons: Convictions for sex offenses were added to the list of crimes that prohibit a person from possessing a firearm or carrying a concealed weapon. 14:95.1; 08/15/03. A new law created a domestic abuse battery crime and provided that a misdemeanor sentence may be suspended if the offender refrains from owning or possessing a firearm for the entire length of sentence. 14:35.3; 08/15/03.

Prohibited persons: A new law allows a court that issues a domestic violence restraining order to require that firearms owned by the defendant be temporarily relinquished. 19-A:4006:2-A; 09/13/03.

Permits: Concealed firearm permit laws were amended to be consistent with the statute regarding possession of firearms by prohibited persons. 25:2002:10A; 09/13/03.

Maryland Relevant laws: Regulated firearms laws and other provisions in the former Article 27 of the Maryland Code were recodified in a new article. Public Safety Article, Title 5; 10/01/03.

Massachusetts Purchaser fees: The firearm identification card and license to carry statutes were amended to raise the application fee from $25 to $100. 140-129B, 140-131; 07/31/03.

Michigan Permits: Purchasing, owning, carrying, possessing, using, or transporting an antique firearm was exempted from pistol licensing and safety inspection requirements. 28.422, 28.429, 28.432; 05/13/04.

Minnesota Restoration of rights: A lifetime firearm possession ban, instead of a 10-year restriction, is imposed on a person who commited a crime of violence and was discharged from a sentence on or after 08/01/93, unless the person's firearm rights are specially restored. 609.165; 08/01/03. The definition of crimes of violence no longer includes misdemeanors or gross misdemeanors. A person who commits a gross misdemeanor may not possess a firearm for 3 years from the date of conviction. 624.712; 08/01/03.

Missouri Permits: A new section authorizes county sheriffs to issue permits to carry concealed handguns. 571.101 to 571.121; 10/11/03.

Prohibited persons: A new section makes it illegal to knowingly transfer a firearm to a person who is under indictment for or convicted of a felony, a fugitive, adjudicated mentally ill, committed to a mental health facility, or illegally in the U.S. 202.362; 10/01/03. An amendment prohibited ownership, possession, or control of a firearm by a person who is a fugitive, an unlawful drug user or addict, adjudicated mentally ill, committed to a mental health facility, or illegally in the U.S. 202.360; 10/01/03.

Prohibited firearms: An amendment makes it illegal to manufacture or cause to be manufactured, import into the State, keep, offer or expose for sale, or give, lend, possess or use a machine gun unless authorized by federal law. 202.350; 10/01/03.

New Mexico Permits: A new article authorized the Department of Public Safety to issue concealed handgun licenses. Chapter 29, Article 19; 07/01/03.

North Carolina Prohibited persons The statute that makes it unlawful for a person to purchase a firearm while subject to a domestic violence order was amended to make it unlawful for such a person to own, possess, or receive a firearm, machine gun, or permit. 14-269.8; 12/01/03. A new section provides that a court in certain cases shall order a person subject to a domestic violence order to surrender all firearms, machine guns, and permits to the county sheriff. 50B-3.1; 12/01/03.

Maine

Nevada

Indiana

87

State Topic; summary of change in law; citation; effective date


Prohibited persons An amendment expanded the definition of mentally ill persons who cannot acquire, have, carry or use any firearm. 2923.13; 04/08/04.

Permits: A new section authorizes county sheriffs to issue licenses to carry concealed handguns. 2923.125; 04/08/04.

State data: Probate judges and hospital officers are required to send notices of involuntary commitments to the Bureau of Criminal Identification and Investigation for use in conducting concealed handgun license checks. 5122.311; 04/08/04.

Pennsylvania Prohibited persons: A new section was established under the Vehicle Code for DUI. Under certain circumstances, individuals may be prohibited under Federal law with as little as two DUI convictions. 75 PA C.S. 3802; 02/01/04.

South Carolina Regulated sales: An amendment deleted the provisions that prohibit a person from purchasing more than one pistol on an application or purchasing more than one pistol during each thirty day period. 23-31-140; 05/24/04.

Texas Prohibited persons: An amendment makes it an offense for a person to possess a firearm while subject to a sexual assault protective order. Penal Code 46.04; 09/01/03.

Utah Permits: An amendment modified the type and amount of information an applicant is required to provide in order to receive a permit to carry a concealed firearm. 53-5-704, 53-5-706; 05/03/04.

Background checks: An amendment makes Utah law consistent with federal law regarding the purchase of firearms and requires that only one photo identification rather than two be presented by a purchase applicant. 76-10-524, 76-10-526; 05/03/04.

Virginia Regulated sales: Amendments defined antique, curio, and relic firearms in a manner consistent with Federal law, and revised the definitions of firearm, handgun, and assault rifle. Title 18.2; 07/01/03.

Wyoming Regulated sales: The statutes that allowed a resident of a contiguous State to purchase a long gun in Wyoming and allowed a Wyoming resident to purchase a long gun in a contiguous State were repealed. 6-8-301, 6-8-302, 6-8-303; 07/01/03.

Ohio

88

Jurisdiction Title of laws Relevant sectionsUnited States Code 18-922 et seq; 26-5801 et seq.Alabama Code 13A-11-50 et seq.Alaska Statutes 11.61.190 et seq; 18.65.700 et seq.Arizona Revised Statutes 13-905 et seq; 13-3101 et seq.Arkansas Code 5-73-101 et seq; 5-73-201 et seq.California Penal Code 12000 et seq; WeIf. & Inst. Code 8100 et seq.Colorado Revised Statutes 12-26.1-101; 18-12-101 et seq; 24-33.5-424Connecticut General Statutes 29-27 et seq; 53-202 et seq; 53a-211 et seq.Delaware Code 11-1441 et seq; 24-901 et seq.Florida Statutes 790.001 et seq.Georgia Official Code 16-11-101.1 et seq; 16-11-170 et seq.Hawaii Revised Statutes 134-1 et seq.Idaho Code 18-310; 18-3302 et seq. Illinois Compiled Statutes 430:65/0.01 et seq; 720:5/24-1 et seq; 725:5/112A-14Indiana Code 34-26-2-12; 35-47-1-1 et seq.Iowa Code 702.7; 724.1 et seq.Kansas Statutes 21-4201 et seq.Kentucky Revised Statutes 237.060 et seq; 431.064; 527.010 et seq.Louisiana Revised Statutes 14:35.3, 91, 95 et seq; 40:1379.3, 1751 et seq.Maine Revised Statutes 15.393; 17A.554A et seq; 17A.1051; 25.2001 et seqMaryland Code Criminal Law Title 4; Public Safety Title 5Massachusetts Laws 140-121 et seq; 269-10Michigan Compiled Laws 3.111 et seq; 28.421 et seq; 750.222 et seq.Minnesota Statutes 609.165; 609.66 et seq; 624.71 et seq.Mississippi Code 45-9-101; 97-37-1 et seq.Missouri Revised Statutes 407.500, 505; 571.010 et seq.Montana Code 45-8-301 et seq; 46-18-801Nebraska Revised Statutes 28-1201 et seq; 69-2401 et seq.Nevada Revised Statutes 176A.860; 202.253 et seq; 213.090New Hampshire Revised Statutes Chapters 159 and 159-DNew Jersey Statutes 2C:39-1 et seq; 2C:58-1 et seq.New Mexico Statutes 30-7-1 et seq.New York Penal Law Articles 265 & 400; Gen. Bus. Law art. 39-DDNorth Carolina General Statutes 14-269.7 et seq; 14-402 et seq.North Dakota Century Code 62.1-01 et seq.Ohio Revised Code 2923.11 et seq.Oklahoma Statutes 21-1271.1 et seq.Oregon Revised Statutes 166.170 et seq.Pennsylvania Consolidated Statu 18-6101 et seq.Rhode Island General Laws 11-47-1 et seq.South Carolina Code of Laws 16-23-10 et seq; 23-31-10 et seq.South Dakota Codified Laws Chapters 22-14 and 23-7Tennessee Code 39-17-1301 et seq. Texas Penal Code 30.06; 42.12; 46.01 et seq; Govt. Code Ch. 411, Utah Code 53-5-702 et seq; 76-10-501 et seq.Vermont Statutes 13-4001 et seq.Virginia Code 18.2-279 et seq; 54.1-4201.1; 59.1-148.2Washington Revised Code 9.41.010 et seq.West Virginia Code 61-7-1 et seq.Wisconsin Statutes 175.30; 175.35; 941.20 et seq; 948.60Wyoming Statutes 6-8-101 et seq.

Appendix A-1. Federal and State firearm laws, June 30, 2004

89

HandgunProhibited Restoration Prohibited Licensed Private/ transfer

Jurisdiction persons of rights firearms dealers gun show limitsa Purchase Carry Federal 18:922(g),(n) 18:925(c) 18:922(o),(v) 18:922(t) ---- ---- ---- ----Alabama 13A-11-76 15-22-36 13A-11-63 13A-11-78 ---- 13A-11-80 ---- 13A-11-75Alaska 11-61-200 11-61-200 11-61-200 ---- ---- ---- ---- 18-65-700Arizona 13-3101 13-905 13-3102 ---- ---- ---- ---- 13-3112Arkansas 5-73-103 5-73-103 5-73-104 ---- ---- ---- ---- 5-73-309Californiab 12021 12021 12280 12070 12071.1 12072 ---- 12050Colorado 24-33.5-424 18-12-108 18-12-102 24-33.5-424 12-26.1-101 ---- ---- 18-12-201Connecticut 53a-217 29-32b 53-202b, c 29-36l 29-36l ---- 29-28, 36f 29-28Delaware 11-1448 11-1448 11-1444 11-1448A 24-904A ---- ---- 11-1441Florida 790.23 790.23 790.221 790.065 ---- ---- ---- 790.06Georgia 16-11-131 16-11-131 16-11-122 16-11-172 ---- ---- ---- 16-11-129Hawaii 134-7 ---- 134-4, 8, 15 134-2 134-2 ---- 134-2 134-9Idaho 18-3316 18-3316 ---- ---- ---- ---- ---- 18-3302Illinois 430:65/8 430:65/10 720:5/24-1 430:65/3 430:65/3 ---- 430:65/2 ----Indiana 35-47-2-7 35-47-2-20 35-47-5-4.1 35-47-2-8 35-47-2-8 35-47-4-2 ---- 35-47-2-3Iowa 724.15, 26 724.27 724.1, 2 ,3 724.16 724.16 ---- 724.15 724.11Kansas 21-4204 21-4204 21-4201 ---- ---- ---- ---- ----Kentucky 527.04 527.040 ---- ---- ---- ---- ---- 237.110Louisiana 14:95.1 14:95.1 40:1752 ---- ---- ---- ---- 40:1379.3Maine 15:393 15.393 17A-1051 ---- ---- ---- ---- 25:2003Maryland PS 5-133 ---- CL 4-303 PS 5-120 PS 5-124 PS 5-128 ---- PS 5-301Massachusetts 140:129B 140.129B 269.10 140.122 140.129C 140.131B 140.131A 140.131Michigan 28.422 28.424 750.224 28.422 28.422 750.229 28.422 28.425bMinnesota 624.713 609.165 609.67 624.7132 ---- ---- 624.7131 624:714Mississippi 97-37-5 97-37-5 ---- ---- ---- ---- ---- 45-9-101Missouri 571.090.1 Art IV s 7 571.020 571.080 571.080 ---- 571.080 571.101Montana 45-8-313 46-18-801 45-8-340 ---- ---- ---- ---- 45-8-321Nebraska 28-1206 83-1,130 28-1203 69-2403 69-2403 ---- 69-2403 ----Nevada 202.360 202.360 202.275 ---- 202.254 ---- ---- 202.3657New Hampshire 159:3 ---- ---- 159:8 ---- ---- ---- 159:6New Jersey 2C:58-3 2A:167-5 2C:39-3 2C:58-2 2C:58-3 2C:39-11 2C:58-3 2C:58-4New Mexico 30-7-16 30-7-16 ---- ---- ---- ---- ---- 29-19-1New Yorkb 265.01 400.00 265.02 400.00 GBL 39dd ---- 400.00 400.00North Carolina 14-404 14-404 14-288.8 14-402 14-402 ---- 14-402 14-415.12North Dakota 62.1-02-01 62.1-02-01 62.1-02-03 ---- ---- ---- ---- 62.1-04-03Ohio 2923.13 2923.14 2923.17 ---- ---- ---- ---- 2923.125Oklahoma 21:1289.12 21:1283 21-1289.18 ---- ---- ---- ---- 21:1290.3Oregon 166.470 166.270 166.272 166.412 166.438 ---- ---- 166.291Pennsylvania 18:6105 18:6105 18:908 18:6111 18:6111 18:6115 ---- 18:6109Rhode Island 11-47-5 13-10-2 11-47-8 11-47-35 11-47-35 ---- ---- 11-47-11South Carolina 16-23-30 24-21-990 16-23-220 23-31-130 ---- ---- ---- 23-31-215South Dakota 22-14-15 22-14-15 22-14-6 ---- ---- ---- ---- 23-7-7Tennessee 39-17-1307 39-17-1316 39-17-1302 39-17-1316 ---- ---- ---- 39-17-1351Texasb 46.06 46.04 46.05 ---- ---- ---- ---- Gov 411.172Utah 76-10-503 77-18-11 ---- 76-10-526 ---- ---- ---- 53-5-704Vermont 13:4007 ---- 13-4013 ---- ---- ---- ---- ----Virginia 18.2-308.2 18.2-308.2 18.2-300 18.2-308.2:2 54.1-4201.1 18.2-308.2:2 ---- 18.2-308Washington 9.41.040 9.41.047 9.41.190 9.41.090 ---- ---- ---- 9.41.070West Virginia 61-7-7 61-7-7 61-7-9 ---- ---- ---- ---- 61-7-4Wisconsin 941.29 941.29(5) 941.26 175.35(2) ---- ---- ---- ----Wyoming 6-8-102 6-8-102 ---- ---- ---- ---- ---- 6-8-104

Permits and licenses

Appendix A-2. Federal and State firearm laws, June 30, 2004 (continued)

Regulated sales

bReferences are to the State’s penal code unless otherwise indicated.

Note: See Jurisdictional Summaries for the scope of topics.If a jurisdiction has more than one statute on a topic, the most applicable or first in a series is cited.aIncludes one handgun purchase per month limits and restrictions on pawning a handgun.

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Waiting Mental health Transaction Firearm False Appeals ofJurisdiction Handguns Long Guns period recordsa records registration application denialsFederal 18:922(t) 18:922(t) ---- ---- 18:922(t) 26:5841 18:922(a)(6) 18:922(t)Alabama ---- ---- ---- Act 641 13A-11-79 ---- 13A-11-81 ----Alaska ---- ---- ---- ---- ---- ---- ---- ----Arizona ---- ---- ---- 36-540(n) ---- ---- ---- ----Arkansas ---- ---- ---- ---- ---- ---- ---- ----Californiab 12076 12076 12071 8105 WIC 11106 12285 12076 ----Colorado 24-33.5-424 24-33.5-424 ---- 13-5-142 24-33.5-424 ---- 24-33.5-424 24-33.5-424Connecticut 29-36l 29-36l 29-37a 29-38b 29-33, 37a 53-202d 29-34 29-32bDelaware 11-1448A 11-1448A ---- 11-1448A 11-1448A ---- 11-1448A 11-1448AFlorida 790.065 790.065 790.0655 ---- 790.065 ---- 790.065 790.065Georgia 16-11-173 ---- ---- 35-3-34 16-11-176 ---- 16-11-182 16-11-178Hawaii 134-2 134-2 134-2 134-3.5 134-2 134-3 ---- ----Idaho ---- ---- ---- ---- ---- ---- ---- 18-3302Illinois 430:65/3.1 430:65/3.1 720.5/24-3 430:65/3.1 ---- ---- 720.5/24-3.5 430:65/10Indiana 35-47-2.5-3 ---- ---- ---- 35-47-2.5-8 ---- 35-47-2.5-12 35-47-2.5-9Iowa 724.17 ---- 724.20 ---- ---- ---- 724.21 ----Kansas ---- ---- ---- ---- ---- ---- ---- ----Kentucky ---- ---- ---- ---- ---- ---- ---- ----Louisiana ---- ---- ---- ---- ---- 40:1783 ---- ----Maine ---- ---- ---- ---- ---- ---- ---- ----Maryland PS 5-121 ---- PS 5-123 ---- PS 5-123 CL 4-403 PS 5-139 PS 5-126Massachusetts 140.131 140.129B ---- 140.129B ---- 140.129C 140.129B 140.129BMichigan 28.422 ---- ---- 28.422 28.422 28.422 750.232a 28.422bMinnesota 624.7132 ---- 624.7132 245.041 ---- 609.67 624.7132 624.7132Mississippi ---- ---- ---- ---- ---- ---- ---- 45-9-101Missouri 571.090.3 ---- ---- ---- 571.090.5 ---- 571.090.6 571.090.8Montana ---- ---- ---- ---- ---- ---- ---- 45-8-324Nebraska 69-2405 ---- ---- 69-2409.01 ---- ---- 69-2408 69-2406Nevada 202.254 202.254 ---- ---- ---- ---- ---- 202.3663New Hampshire 159-D:1 ---- ---- ---- 159-D:2 ---- 159:11 ----New Jersey 2C:58-3 2C:58-3 2C:58-2 2C:58-3 ---- 2C:58-2, 12 2C:39-10 2C:58-3New Mexico ---- ---- ---- ---- ---- ---- ---- ----New Yorkb 400.00 GBL 39dd ---- 400.00 ---- 400.00 ---- ----North Carolina 14-404 ---- ---- ---- 14-405 ---- ---- 14-404North Dakota ---- ---- ---- ---- ---- ---- 62.01-03-04 62.1-04-03Ohio ---- ---- ---- 5122.311 ---- ---- ---- ----Oklahoma ---- ---- ---- ---- ---- ---- ---- ----Oregon 166.412 166.434 ---- 166.412 166.412 ---- 166.416 ----Pennsylvania 18:6111 18:6111 ---- 18:6111.1 18:6111 ---- 18:6111 18:6111.1Rhode Island 11-47-35 11-47-35.2 11-47-35 ---- 11-47-35 ---- 11-47-23 ----South Carolina ---- ---- ---- ---- 23-31-140 23-31-330 23-31-160 23-31-215South Dakota ---- ---- 23-7-9 ---- 23-7-10 ---- 23-7-12 ----Tennessee 39-17-1316 39-17-1316 ---- ---- 39-17-1316 ---- ---- 39-17-1316Texasb ---- ---- ---- ---- ---- ---- ---- Gov 411.180Utah 76-10-526 76-10-526 ---- 53-10-208.1 76-10-526 ---- 76-10-527 76-10-526Vermont ---- ---- ---- ---- ---- ---- ---- ----Virginia 18.2-308.2:2 18.2-308.2:2 ---- 37.1-67.3 18.2-308.2:2 18.2-295 18.2-308.2:2 18.2-308.2:2Washington 9.41.090 ---- ---- 9.41.097 9.41.090 ---- 9.41.090 9.41.0975West Virginia ---- ---- ---- ---- ---- ---- ---- ----Wisconsin 175.35(2g) ---- 175.35(2d) 51.20 175.35(2k) ---- 175.35(2e) 175.35(2L)Wyoming ---- ---- ---- ---- ---- ---- ---- 6-8-104

bReferences are to the State’s penal code unless otherwise indicated.

Appendix A-3. Federal and State firearm laws, June 30, 2004 (continued)

Background check

Note: See Jurisdictional Summaries for the scope of topics.If a jurisdiction has more than one statute on a topic, the most applicable or first in a series is cited.aLaws that allow access to records of mentally ill persons during a firearm background check.

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Jurisdiction Purchase check or permit Exempt carry permita

United States Federal Bureau of Investigation ---Alabama --- ---Alaska --- Department of Public SafetyArizona --- Department of Public SafetyArkansas --- State PoliceCalifornia Department of Justice Firearms Division ---Colorado Bureau of Investigation Insta-Check Unit ---Connecticut State Police Special Licensing & Firearms ---Delaware State Police Bureau of Identification Three county superior courts Florida Department of Law Enforcement ---Georgia Bureau of Investigation 159 county probate courtsHawaii Four police departments ---Idaho --- 44 county sheriffsIllinois State Police FOID and FTIP units ---Indiana State Police Firearms Division State Police Firearms DivisionIowa Dept. of Public Safety / 99 county sheriffs Dept. of Public Safety / 99 county sheriffsKansas --- ---Kentucky --- ---Louisiana --- ---Maine --- ---Maryland State Police Firearms Enforcement Division ---Massachusetts 351 police departments 351 police departmentsMichigan 595 sheriffs and police departments ---Minnesota 568 sheriffs and police departments 87 county sheriffsMississippi --- Department of Public SafetyMissouri 115 sheriffs and police departments ---Montana --- 56 county sheriffsNebraska 95 sheriffs and police departments ---Nevada Highway Patrol 17 county sheriffsNew Hampshire Department of Safety ---New Jersey State Police / 505 local police departments ---New Mexico --- ---New York 58 county sheriffs; some police departments ---b

North Carolina 100 county sheriffs 100 county sheriffsNorth Dakota --- Bureau of Criminal InvestigationOhio --- ---Oklahoma --- ---Oregon State Police Firearms Unit ---Pennsylvania State Police Firearms Division ---Rhode Island 39 police departments ---South Carolina --- Law Enforcement DivisionSouth Dakota --- ---Tennessee Bureau of Investigation Instant Check ---Texas --- Department of Public SafetyUtah Bureau of Criminal Identification Bureau of Criminal IdentificationVermont --- ---Virginia State Police Firearm Transaction Program ---Washington 291 sheriffs and police departments ---West Virginia --- ---Wisconsin Department of Justice Handgun Hotline ---Wyoming --- Wyoming Attorney General

Names or description of checking agencies

bLicense required for purchase may also allow carrying.

aAs of June 30, 2003, agencies listed issued carry permits that can be used to waive a purchase check.

Appendix B. Agencies conducting firearm background checks, June 30, 2004

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Agency Site addressAlabama Attorney General <http://www.ago.state.al.us/issue/Alabama_Weapon_Law.pdf>Alaska Department of Public Safety <http://www.dps.state.ak.us/PermitsLicensing/index.asp>Arizona Department of Public Safety <http://www.dps.state.az.us/ccw/welcome.htm>Arkansas State Police <http://www.asp>.state.ar.us/chl/chl.html>California Department of Justice Firearms Division <http://caag.state.ca.us/firearms/>Colorado Bureau of Investigation Insta-Check Unit <http://cbi.state.co.us/ic/index.asp>Connecticut State Police Special Licensing and Firearms <http://www.state.ct.us/dps/SLFU/index.html>Delaware State Police Bureau of Identification <http://www.state.de.us/dsp/sbi.htm#Firearms>Florida Department of Law Enforcement <http://www.fdle.state.fl.us/publications/faq/firearm_faq.asp>Georgia Bureau of Investigation Crime Information Center <http://www.state.ga.us/gbi/gunckar.html>Honolulu Police Department Firearms Unit <http://www.honolulupd.org/info/gunlaw1.htm>Illinois State Police <http://www.isp.state.il.us/services/services.htm>Indiana State Police <http://www.in.gov/isp/firearms/>Iowa Department of Public Safety Division of Administrative Services

<http://www.state.ia.us/government/dps/asd/license.htm>

Kentucky State Police <http://www.kentuckystatepolice.org/conceal.htm>Louisiana State Police Concealed Handgun Section <http://www.lsp.org/handguns.html>Maryland State Police Firearms Enforcement Section <http://www.mdarchives.state.md.us/msa/mdmanual/23dsp/html/23a

gen.html#firearms>Massachusetts Firearms Record Bureau <http://www.state.ma.us/chsb/frb/frb.html>Michigan State Police Criminal Justice Information Center <http://www.michigan.gov/msp/0,1607,7-123-1645_3500_4615---Minnesota Bureau of Criminal Apprehension <http://www.dps.state.mn.us/bca/CJIS/Documents/CarryPermit/Perm

it%20to%20Carry.html>Mississippi Department of Public Safety <http://www.dps.state.ms.us/dps/dps.nsf/divpages/hp2firearm?Open

Document>Montana Department of Justice Legal Services <http://www.doj.state.mt.us/enforcement/concealedweapons.asp>Nevada Highway Patrol Firearms Program <http://nvrepository.state.nv.us/pos.htm>New Hampshire State Police <http://www.state.nh.us/safety/nhsp/plu.html>New Jersey State Police Bureau of Identification <http://www.njsp.org/about/id.html>New Mexico Department of Public Safety <http://www.dps.nm.org/faq/concealed_weapon.htm>New York State Police Pistol Permit Bureau <http://www.troopers.state.ny.us/Firearms/Firearmsindex.html>North Carolina Department of Justice <http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf>North Dakota Bureau of Criminal Investigation <http://www.ag.state.nd.us/BCI/BCI.htm>Ohio Attorney General <http://www.ag.state.oh.us/web_applications/concealcarry/About.aspOklahoma State Bureau of Investigation <http://www.osbi.state.ok.us/PublicServices.htm>Oregon State Police <http://egov.oregon.gov/OSP/>Pennsylvania State Police Firearms Division <http://www.psp2.state.pa.us/ri/>Rhode Island Bureau of Criminal Investigation <http://www.riag.ri.gov/criminal/bci.php>South Carolina Law Enforcement Division <http://www.sled.state.sc.us/>Tennessee Bureau of Investigation Instant Check System <http://www.tbi.state.tn.us/divisions/isd_tics.htm>Texas Department of Public Safety Concealed Handgun <http://www.txdps.state.tx.us/administration/crime_records/chl/chlsinUtah Bureau of Criminal Identification <http://bci.utah.gov/Brady/BradyHome.html#BRADY>Vermont Department of Public Safety <http://170.222.24.9/cjs/vtnics.html>Virginia State Police Firearm Transaction Center <http://www.vsp.state.va.us/cjis_ftc.htm>Washington State Department of Licensing <http://www.dol.wa.gov/ppu/firfront.htm>West Virginia State Police Legal Division <http://www.wvstatepolice.com/legal/>Wisconsin Department of Justice Handgun Hotline <http://www.doj.state.wi.us/dles/cib/handgunhotline.asp>Wyoming Attorney General <http://attorneygeneral.state.wy.us/dci/index.html>

Appendix C. State agency Internet sites: firearm information pages and checking agency home pages

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