Gun laws in the United States by state

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Template:Short description Script error: No such module "For". Template:Pp-pc1 Template:Use American English Script error: No such module "Unsubst". Script error: No such module "Sidebar". Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of the District of Columbia and of the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.

Forty-four states have a provision in their state constitutions similar to the Second Amendment of the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[1][2] Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.[3]

Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.[4]

In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law as per the U.S. Supreme Court's ruling in Printz v. United States.[5][6]

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Common subjects of state laws

Firearm related matters that are often regulated by state or local laws include the following:

  • Some states and localities require that a person obtain a license or permit in order to purchase or possess firearms.
  • Some states and localities require that individual firearms be registered with the police or with another law enforcement agency.
  • Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, New Jersey, New York (handguns only), and Oregon require all firearms buyers to be fingerprinted.[7] California requires a right thumbprint for purchase permits.[8]
  • All states allow some form of concealed carry, the carrying of a concealed firearm in public.
  • Many states allow some form of open carry, the carrying of an unconcealed firearm in public on one's person or in a vehicle.
  • Some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws more restrictive than those of the state.
  • Some states and localities place additional restrictions on certain semi-automatic firearms that they have defined as assault weapons, or on magazines that can hold more than a certain number of rounds of ammunition.
  • NFA weapons are weapons that are heavily restricted at a federal level by the National Firearms Act of 1934 and the Firearm Owners Protection Act of 1986. These include automatic firearms (such as machine guns), short-barreled shotguns, and short-barreled rifles. Some states and localities place additional restrictions on such weapons.
  • Some states have enacted castle doctrine or stand-your-ground laws, which provide a legal basis for individuals to use deadly force in self-defense in certain situations, without a duty to flee or retreat if possible.
  • In some states, peaceable journey laws give additional leeway for the possession of firearms by travelers who are passing through to another destination.
  • Some states require a background check of the buyer when a firearm is sold by a private party. (Federal law requires background checks for sales by licensed gun dealers, and for any interstate sales.)
  • Some states have enacted red flag laws that enable a judge to issue an order to temporarily confiscate the firearms of a person who presents an imminent threat to others or to themselves.

Overview

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Alabama

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Alaska

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Arizona

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Arkansas

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California

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Subject / law LongScript error: No such module "String".guns Handguns Relevant statutes (Penal Code except when noted) Notes
State permit required to purchase? Partial Partial §26500 All firearm sales must be completed through a dealer. Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military, honorably retired military, or a peace officer under Penal Code Section 830. Military reservists must provide proof of residency in order to purchase a firearm. The Firearms Safety Certificate can be purchased and completed at firearms dealers with DOJ instructors on the same day, differentiating it from a FOID or FID card system where one has to apply with the local police and await approval. Must be 21 to purchase any firearm.[9]
Firearm registration? Yes Yes §28150 The California Department of Justice ("DOJ") retains information about the purchaser and seller of all in-state firearm sales and transfers, and requires that any firearms imported into the state be reported to the DOJ.[10] Furthermore, the Attorney General is required by law to maintain a registry containing the fingerprints and identifying information of the transferee, and the unique identifying information of every firearm transferred in the state, pursuant to §11106.[11] All handgun serial numbers and sales are recorded by the state in the Department of Justice's Automated Firearms System, along with those of many long guns. While there is no requirement for California residents to register handguns owned prior to 1991 with law enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department of Justice's Automated Firearms System. New residents must register handguns (purchased outside of California) with DOJ within 60 days. since January 1, 2014Template:Dated maintenance category (articles)Script error: No such module "Check for unknown parameters"., long gun serial numbers are also recorded, whereas previously only the sale was recorded. However, it is not required that owners of long guns purchased prior to 2014 register their firearms and it is not a crime to be in possession of an unregistered firearm.
Owner license required? No No None While the Firearm Safety Certificate (FSC) is required for new purchases of firearms, ongoing possession of a firearm does not require a license or permit.[12] People moving into California are required, within 60 days, to file a New Resident Report of Firearm Ownership.[13][14] New residents are prohibited from importing assault weapons or any other weapons prohibited by California law regardless of whether they were lawfully acquired and possessed in the residents' prior state of residence.[15] The ban on importing large-capacity magazines was ruled unconstitutional[16] but the ruling is on hold while the case is under appeal.[17]
Assault weapon law? Yes Yes §30500, §30515 Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. While California's Assault Weapons Law does allow individuals who hold a Dangerous Weapons Permit to obtain, transport or possess defined assault weapons, the DOJ generally does not issue Dangerous Weapons Permits to ordinary citizens. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration – known as "banned features". Any active duty military personnel may apply for a Department of Justice (DOJ) Assault Weapon Permit to use personal assault weapons in military sanctioned activities during the course of permanent stationing in the State of California while on active military duty.[18] The firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders and an authorization letter from the installation commander.

With the passage of Senate Bill 880 and Assembly Bill 1135 in June 2016, the state's assault weapon ban has been expanded to include all semi-automatic center-fire rifles and shotguns that have a "bullet button" detachable magazine; effectively repealing a prior law that made "bullet button" magazines required on all newly manufactured weapons with detachable magazines. The sale or transfer of such weapons will be prohibited, effective January 1, 2017. Those purchased prior to January 1, 2017 must be registered with the DOJ by the start of 2018. The definition of types of weapons that are banned has been expanded, the exact definitions should be reviewed at the California DOJ website.[19]

Magazine capacity restriction? Yes Yes §32310

Section 32310 of the Penal Code states that any person who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, receives, or assembles any large-capacity magazine from a parts kit is punishable by imprisonment in a county jail not exceeding one year or imprisonment. Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[20] Large-capacity is defined as being able to hold more than 10 rounds. In November 2016 California voters approved Proposition 63. The referendum outlaws the possession of such magazines, requires background checks for all ammunition sales and mandates the reporting of lost or stolen firearms.[21] Under Proposition 63, any person who possesses a large-capacity magazine is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.This prohibition applies to magazines acquired prior to January 1, 2000 that were previously considered "grandfathered."[22] Importation, manufacture, lending, assembling a large-capacity magazine from a parts kit, or buying a large-capacity magazine remains chargeable as a felony or a misdemeanor.[23]

On June 29, 2017, a federal judge blocked the enforcement of Proposition 63's ban on the possession of large-capacity magazines, pending the outcome of litigation concerning the ban. Magazines that would have been subject to the Proposition 63 ban are legal for private citizens to keep until the injunction is either lifted and/or the ban is upheld by the courts.[24][25] On March 29, 2019, the entire large-capacity magazine law was blocked permanently by the district court; this includes the ban on possession, in addition to the ban on manufacturing, importing, selling, etc.[16][26] Following a stay request from Attorney General, Judge Benitez allowed the ban on manufacture, import, and sale of large-capacity magazines to be enforced while keeping in place the injunction against the enforcement of the ban on possession of previously legal large-capacity magazines, including all purchases made between the entry of the Court’s injunction on March 29, 2019 and April 5, 2019, 5:00 p.m.[27]

On August 14, 2020, a 9th circuit court ruled the ban on high capacity magazines unconstitutional. "Gun owners cannot immediately rush to buy high-capacity magazines because a stay issued by the lower court judge remains in place," according to the Associated Press.[28] However, this decision was vacated by the Circuit Court on February 25, 2021 until the case can be reheard.[29] Duncan v. Bonta was heard en banc by the Ninth Circuit Court on June 22, 2021.[30] The en banc Court overturned the lower appellate panel in its ruling, holding that California's regulation of firearms did not violate the 2nd Amendment.[31]

License required for concealed carry? N/A Yes §26150 "May issue," per Attorney General's directive after Supreme Court's decision in New York State Rifle & Pistol Association, Inc. v. Bruen.Script error: No such module "Unsubst". CCW permits valid statewide. Out-of-state permits not valid in California.

On December 4, 2023, a lawsuit challenging California's laws forbidding nonresidents' concealed carry permits and nonresidents from obtaining California's CCW permit got filed.[32]

Open carry allowed? Partial Partial §26350 Long guns and handguns may be openly carried in unincorporated rural areas where firearm discharge is not prohibited by local ordinance. In a county with a population of less than 200,000 residents, a permit to carry a handgun "loaded and exposed" may be issued by the county sheriff, valid only in the issuing county. A person may also open carry if he or she "reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property."[33]
Vehicle carry? No Yes §25610 A valid California Concealed Weapons License is required to carry a concealed handgun in a motor vehicle. Otherwise, handguns and assault weapons must be unloaded and locked in a case during transport. Long guns not classified as assault weapons may be transported in a vehicle without being locked in a case, but must be unloaded.
State preemption of local restrictions? Yes Yes §53701 Government Code Template:Webarchive Most but not all local restrictions preempted.
Castle doctrine law? Yes Yes California never requires a duty to retreat whether in one's own home or not. The state acknowledges a legal presumption that an intruder poses a deadly threat if in one's own home or property that is owned and controlled by oneself.
NFA weapons restricted? Yes Yes §12220, §12020, §12020

§18710, §32625, §33215, §33410

Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. Destructive devices are prohibited unless are designated as curios & relics, in which case a collectors permit can be obtained. The only AOWs that are permitted are smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel. C&R short-barreled rifles and C&R short-barrled shotguns permitted.
Peaceable journey laws? No No California courts have ruled that large-capacity magazines (LCM) that are disassembled or LCM parts are legal to possess. Otherwise federal rules are observed.
Waiting period? Yes Yes §26815(a)[1], §26950-27140 [2], §27540(a) [3],

§27600-27750 [4]

California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder. That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner.

On August 25, 2014, the California's 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" as applied to members of certain classifications (notably holders of concealed carry permits) and "burdens the Second Amendment rights of the Plaintiffs".[34] On December 14, 2016 this ruling was overturned by a three-judge panel of the 9th U.S. Circuit Court of Appeals.[35] The plaintiffs' petition for an en banc rehearing was denied April 4, 2017; on February 20, 2018 the Supreme Court certiorari petition was denied, meaning that the waiting period remains in effect.[36]

On May 1, 2023, a new lawsuit challenging the ten-day waiting period was filed.[37]

Background checks required for private sales? Yes Yes § 27545 Private party transfers of firearms must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale.
Red flag law? Yes Yes The police or a person's family member can ask a judge to confiscate the firearms of a person who appears to pose a threat to themselves or others for up to one year.[38] Such orders from out-of-state are also recognized. As of September 1, 2020, eligible petitioners will be expanded to include an employer, coworker, and school teacher or employee, and the maximum allowable duration will be extended to 5 years.[39]
Background check required for ammunition purchase? Yes Yes PC 30312, 30314, 30342, 30370 After January 1, 2018 all ammunition purchases must be made through a licensed ammunition dealer and no person may import ammunition from out-of-state unless they meet the requirements for exemption under PC 30314(b). This section effectively banned online and mail order sales of ammunition by requiring all transactions go through a storefront physically located inside California. Importing ammunition in violation of this section is an infraction for the first offense and a misdemeanor or infraction for any subsequent offenses.[40] After July 1, 2019, all purchases of ammunition are required to have an "ammunition purchase authorization" from the California DOJ. This section requires the ammunition purchaser to submit to a background check and to have an entry in the California DOJ Automated Firearms System that matches the information presented at the time of purchase.[41] Selling or delivering ammunition to a person without first receiving the "ammunition purchase authorization" is a misdemeanor.[42] Background check was struck down by judge in Jan 2024.[43] However, the 9th Circuit granted a stay to his injunction.[44]
Home-built firearms restriction? Yes Yes PC 29180, 29010 After July 1, 2018, any person who wishes to manufacture a firearm must first apply to the California DOJ for a serial number and apply that serial number, once issued, to the firearm within 10 days. There are specific requirements laid out for how to inscribe or engrave the serial number given the material the firearm is made out of. Violation of this provision is a misdemeanor punishable by up to 1 year in the county jail for home-built handguns and 6 months in the county jail for any other home-built firearm.[45] In June 2022, California passed AB 1621, which bans the use of CNC milling machines for self-manufacturing firearms. On September 26, 2023, the restrictions were expanded to forbid people without a license to have 3-D printers "that has the sole or primary function of manufacturing firearms", and to allow civil actions against people who distribute "any code or digital instructions to a specified person for the manufacture of a firearm using a three-dimensional printer or CNC milling machine."[46]

Starting January 1, 2024, a person cannot manufacture more than 3 firearms within the state in a calendar year without a license.

Purchase quantity and frequency restriction? Yes Yes PC 27535 As of January 1, 2024, no person is allowed to purchase more than one firearm, which includes completed frames and receivers and firearm precursor parts, within any 30-day period. Starting January 1, 2025, all private party transactions except with some exemptions will be subject to the 1-in-30 restriction.[47]

On March 11, 2024, Judge William Q. Hayes declared that the 1-in-30 law as applied to handguns and semi-automatic centerfire rifles violates the Second Amendment.[48]

Transfer quantity and frequency restriction? Yes Yes PC 16730 As of January 1, 2020, no person without a license is allowed to make 6 or more firearm transactions (sale, lease, or transfer) per calendar year, regardless of the type of firearm, and no person is allowed to sell, lease, or transfer more than 50 total firearms per calendar year within those transactions.[49]


Colorado

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Connecticut

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Delaware

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District of Columbia

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Florida

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Georgia

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Hawaii

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Idaho

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Illinois

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Indiana

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Iowa

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Kansas

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Kentucky

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Louisiana

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Maine

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Maryland

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Massachusetts

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Michigan

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Minnesota

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Mississippi

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Missouri

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Montana

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Nebraska

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Nevada

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New Hampshire

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New Jersey

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New Mexico

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New York

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North Carolina

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North Dakota

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Ohio

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Oklahoma

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Oregon

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Pennsylvania

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Rhode Island

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South Carolina

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South Dakota

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Tennessee

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Texas

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Utah

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Vermont

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Virginia

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Washington

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West Virginia

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Wisconsin

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Wyoming

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United States territories

American Samoa

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Guam

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Northern Mariana Islands

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Puerto Rico

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U.S. Virgin Islands

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See also

Note: Please see many links in the box at the top of the page called "Firearm legal topics of the United States of America".

References

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  1. ↑ Script error: No such module "citation/CS1".
  2. ↑ Script error: No such module "citation/CS1".
  3. ↑ Liptak, Adam (June 28, 2010). "Justices Extend Firearm Rights in 5-to-4 Ruling", New York Times. Retrieved February 21, 2015.
  4. ↑ Script error: No such module "citation/CS1".
  5. ↑ Script error: No such module "citation/CS1".
  6. ↑ Script error: No such module "citation/CS1".
  7. ↑ Script error: No such module "citation/CS1".
  8. ↑ Script error: No such module "citation/CS1".
  9. ↑ Script error: No such module "citation/CS1".
  10. ↑ "Retention of Sales & Background Check Records in California", Law Center to Prevent Gun Violence, October 29, 2015. Retrieved June 8, 2016. "California law requires most firearm transfers to be processed through a licensed firearms dealer.... Firearms dealers are required to report all Dealer Record of Sale ("DROS") transactions to the California Department of Justice ("DOJ") electronically."
  11. ↑ "California Penal Code Section 11106", Onecle. Retrieved December 10, 2016. "(2) The registry shall consist of all of the following ... (A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers Record of Sale... (B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers Record of Sale...(D) The manufacturer's name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted."
  12. ↑ Script error: No such module "citation/CS1".
  13. ↑ Script error: No such module "citation/CS1".
  14. ↑ Script error: No such module "citation/CS1".
  15. ↑ Script error: No such module "citation/CS1".
  16. ↑ a b Script error: No such module "citation/CS1".
  17. ↑ Script error: No such module "citation/CS1".
  18. ↑ https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/mawpapp.pdf Template:Bare URL PDF
  19. ↑ Script error: No such module "citation/CS1".
  20. ↑ California Penal Code section 32310-32390, Official California Legislative Information. Retrieved August 15, 2014.
  21. ↑ Script error: No such module "citation/CS1".
  22. ↑ Script error: No such module "citation/CS1".
  23. ↑ Script error: No such module "citation/CS1".
  24. ↑ Federal judge blocks California ban on "large-capacity" gun magazines, Reuters, June 30, 2017
  25. ↑ Script error: No such module "citation/CS1".
  26. ↑ Script error: No such module "citation/CS1".
  27. ↑ Script error: No such module "citation/CS1".
  28. ↑ Script error: No such module "citation/CS1".
  29. ↑ Script error: No such module "citation/CS1".
  30. ↑ Script error: No such module "citation/CS1".
  31. ↑ Script error: No such module "citation/CS1".
  32. ↑ Script error: No such module "citation/CS1".
  33. ↑ Ruling on Peruta v. San Diego, 9th Circuit U.S. Court of Appeals, June 9, 2016
  34. ↑ Script error: No such module "citation/CS1".
  35. ↑ Script error: No such module "citation/CS1".
  36. ↑ Script error: No such module "citation/CS1".
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  38. ↑ Script error: No such module "citation/CS1".
  39. ↑ Script error: No such module "citation/CS1".
  40. ↑ Script error: No such module "citation/CS1".
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  44. ↑ Script error: No such module "citation/CS1".
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  48. ↑ Script error: No such module "citation/CS1".
  49. ↑ Script error: No such module "citation/CS1".

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External links

Template:Gun laws in the United States (by state) Template:Gun control in the United States Template:Firearms Template:USStateLists

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