- AK - State of Alaska Office of the Attorney General
-
State of Alaska Office of the Attorney General
P.O. Box 110300
Juneau, AK 99811-0300
http://www.law.state.ak.us/department/ag.html
Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry,"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act or to not be subject to NICS check when purchasing firearms. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them.
Contact: Attorney General Talis J. Colberg
Phone: (907) 465-2133
Fax: (907) 465-2075
Email: Attorney_General@law.state.ak.us
Web: http://www.law.state.ak.us/department/ag.html
- AL - State of Alabama Office of the Attorney General
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State of Alabama Office of the Attorney General
Alabama State House
11 South Union Street, Third Floor
Montgomery, AL 36130
http://www.ago.state.al.us/
Alabama is classified as a "may issue" state; Alabama law states, "The sheriff of a county may, upon the application of any person residing in that county, issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."
In practice, virtually all Alabama county sheriffs as of 2006 issue licenses to all "suitable persons."[3] Application fees and other requirements such as training as well as the conduct of background checks vary from sheriff to sheriff. Alabama permits are honored in 19 states.[4]
Contact: Attorney General Troy King
Phone: 334-242-7300
Fax:
Email:
Web: http://www.ago.state.al.us/
- AR - State of Arkansas Office of the Attorney General
-
State of Arkansas Office of the Attorney General
Office of the Attorney General
323 Center Street, Suite 200
Little Rock, Arkansas 72201
http://www.ag.state.ar.us/
In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.
Arkansas is a "shall issue" state for the concealed carry of firearms.[7] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license will be suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.
Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local units of government and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.
Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.
Contact: Attorney General Dustin McDaniel
Phone: (501) 682 2007
Fax:
Email:
Web: http://www.ag.state.ar.us/
- AZ - State of Arizona Office of the Attorney General
-
State of Arizona Office of the Attorney General
Office of the Attorney General
1275 West Washington Street
Phoenix, AZ 85007
Tucson Office
400 West Congress
South Building, Suite 315
Tucson, AZ 85701-1367
520.628.6504
Fax 520.628.6530
http://www.azag.gov/
Arizona gun laws are governed by Title 13, Chapter 31 of the Arizona Revised Statues. Registration or licensing of firearms is not a requirement in Arizona. In fact, Section 13-3108 subsection B prohibits state legislators from enacting any laws requiring licensing or registration[5]. Laws governing the sale and transfer of firearms in Arizona largely lean on federal guns laws. For example, long gun purchases (rifles and shotguns) and ammunition for long guns require that the buyer be at least 18 years of age. Hand gun purchasers must be at least 21 years of age to purchase a hand gun from a federally licensed dealer. However, in the case of a private sale the purchaser need only be 18 or older. Background checks are not required for private sales, although federal and state laws concerning firearm purchaser prohibitions still apply.
Arizona is classified as a "shall issue" state. Concealed carry permits are issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety. Requirements for issuance include taking an 8 hour training class (provided by a licensed third party), submitting a finger print card, and paying a $65 fee. Once issued, permits are good for 5 years. Renewing a permit requires only an application and finger print card. However, effective December 31st, 2007 the finger print card requirement for renewal is scheduled to be lifted[6].
Contact: Attorney General Terry Goddard
Phone: 602.542.5025
Fax: 602.542.4085
Email: civilrightsinfo@azag.gov
Web: http://www.azag.gov/
- CA - State of California Office of the Attorney General
-
State of California Office of the Attorney General
Attorney General's Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
http://ag.ca.gov/contact/index.php
California has some of the strictest firearm laws of the United States. The Roberti-Roos Assault Weapons Control Act of 1989, its subsequent augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004 has led to many restrictions on semi-automatic firearms. In addition to a lengthy list of specific firearms that are banned by name, the following firearms are banned by characteristic:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumbhole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
There are also numerous other laws, such as prohibition on possession of tracer ammunition, handgun armor piercing ammunition, .50 BMG rifles, and the sale or transfer of magazines with a capacity of over 10 rounds. All rifles are normally exempt for the original owner if properly registered at the time of the acts which prohibited them.
In addition, the law states that any weapon that is part of the AR-15 series or AK series is also an assault weapon, regardless of manufacturer; this dates back to 1989 ban, and was confirmed in the Kasler v. Lockyer decision, filed 6/29/2000.[8] However, the California Supreme Court declared the identification of assault weapon by series membership to be too dubious and difficult for the average citizen or even trial court to make without specific and clear model identification guidelines. The court thus set some specific requirements for the "series" identification portion of the law in their ruling of Harrott v. County of Kings, filed 6/28/2001.[9] This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list"),[10] (it did not address assault weapons defined by features.) Thus, only firearms specifically listed by exact combination of manufacturer and model name, or conforming to explicit exterior characteristics (such as a pistol grip or folding stock in combination with a detachable magazine) can be banned under current legislation.
Once it was realized the California Department of Justice (CA DOJ) has not updated the "Kasler list" in the five years after Harrott decision, many Californians found they could legally purchase and possess AR and AK rifles not yet officially identified as "series" members. As of February 2006, over 10,000 "off-list" receivers (frames) for such rifles have been legally imported to, and purchased within, California. The only requirement for these receivers are that the combination of make and model is not explicitly listed as banned, and as long as the owner does not add certain "characteristic features" turning the firearm into an assault weapon (i.e. pistol grip, flash suppressor, etc). These characteristic features can be used, however, if a nondetachable 10-round (or less) magazine, conforming in the converse to the California Code of Regulations section 978.20 definition of detachable magazine,[11] is affixed to such "off-list" rifles. These off-list rifles can also be used without a pistol grip, folding stock or flash hider, in which case it is legal to own and use them with detachable magazines.
The CA DOJ produced a report from the Ferranto Commission in response,[12] intimating that this list will be updated in early 2006; as of December 2006, it had not done so. On February 1, 2006, the CA DOJ also issued a controversial memorandum about this subject; critics say the described actions are not founded or supported within statutory law in Penal Code 12275-12290. This memo stated that once off-list "series" firearms are declared and registered as assault weapons, they will not be able to have characteristic features added or fixed magazines removed. This is being challenged by pro-gun groups, since there is no criminal violation in the California Penal Code for adding or changing features to a legally-acquired, registered assault weapon.
On November 8, 2005, San Francisco voters enacted Proposition H, a total ban on the manufacture, sale, transfer or distribution of firearms or ammunition in San Francisco, as well as a ban on the possession of handguns within the city by San Francisco residents (excepting peace officers, security guards and the like). The ban did not prohibit possession of weapons other than handguns, nor did it prohibit residents of other cities from possessing handguns in San Francisco. While this measure made San Francisco the third major U.S. city, following Washington, D.C. and Chicago, to enact a ban on handguns, San Francisco's ban extended further, not implementing a grandfather clauses found in Chicago's and Washington D.C.'s laws that protected existing gun owners. Proposition H stated that handgun owners in San Francisco must turn over their handguns to the police by the end of March 2006, have them confiscated, or move outside the city limits. In early 2006, San Francisco Superior Court Judge James Warren struck down the San Francisco handgun ban, asserting that under California law local officials do not have the authority to ban firearms from law-abiding citizens. The National Rifle Association (NRA) opposed the ban from its inception.
Issues with the California laws
As with most gun laws, there is much debate about the legality and effectiveness of California's gun laws. However, both sides agree that there are many firearms that are legal in California that are functionally identical to prohibited weapons, and evidence of the effectiveness of such laws is hard to come by. Both sides also agree that the law needs to be revised to make it more clear so ordinary people can understand what constitutes an assault weapon and what does not.
When the act was being debated in the legislature, the Association of California Cities, a prominent supporter of that act, claimed that California law enforcement agencies feared that some groups in large cities might undertake successful rebellions against civil order if armed with modern weapons. In spite of hundreds of thousands of such "assault weapons" in the public hands for some decades, no such events have ever occurred anywhere in the USA. Prominent members of black churches in L.A., as well as Senators Boxer (D-CA) and Feinstein (D-CA), have claimed that the only real purpose of such weapons is to kill large numbers of people, and therefore there is no reason to permit them. Some gun rights advocates argue that the police commonly carry such weapons in their cruisers and that if the only real purpose of such weapons is to kill large numbers of people then the police should not be carrying them either.
Some gun rights advocates claim that the primary uses of these firearms in civilian hands has been, and continues to be the sport of recreational target-shooting (there were no reported deaths or injuries related to the sport of target shooting in 1999, 2000, and 2001). Most gun rights supporters base their authority on the Second Amendment, which declares the necessity for "a well regulated militia", and prohibits infringement of "the right of the people to keep and bear arms".
Based on engineering differences, ease of modification, and their high level of expertise, California Rifle and Pistol Association (CRPA) members see nothing special about assault weapons except their appearance, which is exactly what the gun collectors want, and what the legislature wants to prohibit. The legislature has thus been accused of being paternalistic and somewhat frivolous for creating the Assault Weapons Control Act. Another example of politically based gun laws is the ban of all ammunition with the word "Magnum" in the name by some parts of Los Angeles, when in fact the word Magnum is rather meaningless in ammunition nomenclature, with its reputation largely based on movies, not ballistics.
Gun rights advocates argue that the only real purpose of these "assault weapons" bans is to make the public used to the idea that firearms can be banned by government action and the public simply must accept any bans that the government chooses to impose in the future. According to gun rights advocates, these bans have purely symbolic and propaganda purposes with no chance of reducing violent crime.
Supporters of the ban counter that the banned features of these weapons were designed for military use. Supporters also argue that the features that define an "assault weapon" make it useless for hunting and less effective for target shooting, but more effective in combat. Gun rights advocates counter that this view exhibits an ignorance of what is involved in, e.g., competitive target shooting, and the features which are desirable in a gun intended for that pursuit. They point out that the military design heritage of the banned "assault weapons" may make for a more rugged and durable gun. They assert that some exterior features on some firearms targeted for ban - such as a pistol grip or a folding stock - lend only a cosmetic similarity to military weapons, and that the removal of these features simply restricts law abiding citizens' rights without reducing crime.
Concealed Carry Laws
California law[13] provides that the Sheriff of a county or a city Police Chief may issue a license to carry a concealed weapon upon proof that the person applying is of good moral character and that good cause exists for the issuance[14]. While it is generally believed to be extremely difficult to obtain a license to carry a concealed weapon (CCW) in California, the difficulty varies greatly by city and county of residence[15]. In some rural counties, qualified applicants are usually successful in obtaining a license, while some cities and counties, such as San Francisco and Los Angeles, are extremely restrictive in what they perceive to be "good cause".
Some argue[16] that the California system for CCW issuance fosters systematic discrimination of applicants, as it has been publicized that numerous celebrities and government officials have been issued CCW licenses in cities and counties where the general public have been consistently denied.
Open Carry Laws
Personal possession (i.e. carry) of a loaded firearm is prohibited in incorporated areas (Such as inside city limits.) or prohibited areas of unincorporated territory without a license to carry or other exemption provided for by law (Califorina Penal Code § 12031 [1]). A license to carry "loaded and exposed" may be issued by a Police Chief or County Sheriff in a county with population of less than 200,000 persons at the last census (California Penal Code § 12050 [2]). No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.
In spite of these restricions, there is no section of the California penal code that specifically prohibits open carry of an unloaded handgun (Though possession may be restricted or prohibited in certain areas such as a State Park (CCR Title 14, Div.3, chap. 1, s 4313 (a), in a school zone(PC626.9)or federal properties like a Post Office or National Park (36 C.F.R. 2.4(a)).
Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (G) of California Penal Code 12031 defines what constitutes a loaded weapon.).
In the case of People vs. Clark (1996) a shotgun shell attached to the shotgun although not chambered or placed in a position where it was able to be fired was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.
Contact: Attorney General Edwards G. Brown Jr.
Phone: (916) 322-3360
Fax: (916) 323-5341
Email:
Web: http://ag.ca.gov/contact/index.php
- CO - State of Colorado Office of the Attorney General
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State of Colorado Office of the Attorney General
Attorney General
1525 Sherman St.
7th floor
Denver, CO 80203
http://www.ago.state.co.us/index.cfm
The new Concealed Weapon Permit law, Senate Bill 03-24, effective May 18, 2003, requires Colorado Sheriffs to issue permits to individuals who meet the statutory requirements. In accordance with SB03-24, all applications will be submitted through your local sheriff’s office. The laws are similar to other states, but has a member of the Armed Forces clause. For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado. One interesting State Statue is 33-14-117 Prohibits hunting or carrying weapons and hunt any wildlife from a snowmoblie.
carryconcealed.net: Colorado
Contact: Attorney General John W. Suthers
Phone: (303) 866-4500
Fax: (303) 866-5691
Email: attorney.general@state.co.us
Web: http://www.ago.state.co.us/index.cfm
- CT - State of Connecticut Office of the Attorney General
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State of Connecticut Office of the Attorney General
Office of the Attorney General
55 Elm Street
Hartford, CT 06106
http://www.ct.gov/ag/site/default.asp
Like Alabama, Connecticut is a "may issue" state that is close to "shall issue" in practice. Unlike a true "shall issue" state, Connecticut authorities may deny a permit even in the absence of a prior criminal history, but unlike most "may issue" states, issuing authorities by law must not be "arbitrary or capricious" when evaluating the suitability of the applicant. The applicant need not demonstrate a compelling need. Unless questions arise involving the mental capacity of an otherwise qualified applicant, the permit is issued.[17]
Connecticut has bans on defined 'assault weapons.' However, it does not restrict magazine capacity.
Connecticut allows all NFA firearms except for selective fire machineguns. Selective fire machineguns existing in Connecticut before they were banned are grandfathered.
Connecticut also has a provision in the statute that if a Concealed Carry Permit holder looses a firearm and does not report it, they may loose the permit.[18]
Contact: Attorney General Richard Blumenthal
Phone: (860) 808-5318
Fax:
Email: attorney.general@po.state.ct.us
Web: http://www.ct.gov/ag/site/default.asp
- DC - District of Columbia Office of the Attorney General
-
District of Columbia Office of the Attorney General
Office of the Attorney General
441 4th Street NW, Suite 1060 N
Washington, DC 20001
http://occ.dc.gov/occ/site/default.asp
In Washington, D.C., all firearms must be registered with the police, by the terms of the Firearms Control Regulations Act of 1975.
The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down, in the case of Parker v. District of Columbia which has been re-named Heller v. District of Columbia. In that case, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled on March 9, 2007 that the handgun prohibition violated the Second Amendment of the U.S. Constitution.[19] The ruling also overturned a section of the same law requiring all registered firearms to be kept disassembled or locked with trigger locks. On May 8, 2007, the full appeals court refused to reconsider that decision. On July 16, 2007, D.C. mayor Adrian M. Fenty announced that the District would appeal the ruling to the U.S. Supreme Court.[20] DC has appealed the ruling to the SCOTUS and on November 20, 2007 the Supreme Court agreed to hear the case. The handgun ban is still in effect while the case is appealed.
Contact: Attorney General Linda Singer
Phone: (202) 727-3400
Fax: (202) 347-8922
Email:
Web: http://occ.dc.gov/occ/site/default.asp
- DE - State of Delaware Office of the Attorney General
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State of Delaware Office of the Attorney General
Wilmington Office:
Carvel State Office Building
820 N. French Street
Wilmington, DE 19801
Dover Office:
102 W. Water Street
Dover, DE 19904
Georgetown Office:
114 East Market Street
Georgetown, DE 19947
http://attorneygeneral.delaware.gov/
Pursuant to 11 Del.C. § 1441(j), as of July 11, 2003, Delaware law allows residents of other states who have been issued a concealed deadly weapon license or permit by certain other states to lawfully carry concealed deadly weapons in Delaware if the state that issued the permit or license also recognizes Delaware's concealed deadly weapons licenses, and if Delaware's Attorney General also determines that the concealed deadly weapons licensing or permit laws in the issuing state "afford a reasonably similar degree of protection as is provided by licensure in Delaware." The Attorney General has determined that only states that require proof of training in firearms safety as a part of their licensing or permit process can meet this requirement. When applying for a permit in Delaware you must apply at the Prothonotary
carryconcealed.net: Delaware
Contact: Attorney General Beau Biden
Phone: (302) 577-8400
Fax: (302) 577-6630
Email: Attorney.General@State.DE.US
Web: http://attorneygeneral.delaware.gov/
- FL - State of Florida Office of the Attorney General
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State of Florida Office of the Attorney General
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
http://www.myfloridalegal.com/
Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.
Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.
Open carry when on foot is not permitted in any public area, except for lawful self-defense or hunting. (When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is permitted.) State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)
Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:
- Federally-controlled areas (such as national parks, inside the boundaries of which guns must be kept securely locked),
- In or around specially-marked buildings/grounds (notably, mental hospitals and any hospitals with provisions to treat mental illness, where concealed carry is a felony even with a permit (F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by law".
- Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental illness by permit holders, it can be inferred that concealed carry with a permit is allowed. Caution is advised since there currently is no case law. In other words, no case has been referred to a Grand Jury nor has any person been tried for violating the law. One Florida resident was arrested but the charges were subsequently dropped after their attorney successfully argued the permit holder was excepted. Be advised each county's prosecutor may have a different opinion.
- any place of nuisance
- Sheriff's Office
- Police Station
- Jail
- Prison
- Courthouse
- Polling Place
- any Governmental Judicial meeting
- any school or college
- lounges
- bars
- airports
- professional athletic events
- any federal buildings or property
As of October 1, 2005, Florida became a castle law state, and requires no retreat when inside one's home, one's place of business, or even one's tent at a campground site. Some have referred to this as a "shoot first" law.
Florida law allows private firearm sales between individuals without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.
Currently, Florida's Concealed Weapon License is the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty different states, while the non-resident Florida Concealed Weapon License is recognized in twenty-seven states.
Contact: Attorney General Bill McCollum
Phone: 850-414-3300
Fax: 850-922-6425
Email:
Web: http://www.myfloridalegal.com/
- GA - State of Georgia Office of the Attorney General
-
State of Georgia Office of the Attorney General
Office of the Attorney General
40 Capitol Square, SW
Atlanta, Ga 30334
http://law.ga.gov/02/ago/home/0,2705,87670814,00.html
Right-To-Carry Law Type: Shall Issue. Through an unofficial opinion of the Georgia Attorney General it states "Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit. The exemption is not limited to the performance of military duty. These personnel may, upon request, obtain a firearms permit if otherwise qualified. Their dependents may be issued a permit if otherwise qualified only upon establishing residency in this state. Law enforcement officers are also exempt from the requirement to obtain a permit. Retired Law enforcement officers may also carry a firearm without a permit into government buildings.
Contact: Attorney General Thurbert E. Baker
Phone: (404) 656-3300
Fax: (404) 657-8733
Email:
Web: http://law.ga.gov/02/ago/home/0,2705,87670814,00.html
- HI - State of Hawaii Office of the Attorney General
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State of Hawaii Office of the Attorney General
Department of the Attorney General
425 Queen Street
Honolulu, HI 96813
http://www.hawaii.gov/ag
Right-To-Carry Law Type: Restrictive May Issue In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 1347 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases, where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue.
Not many permits are issued, as the standard of "exceptional" case is tough to prove. No permits have been issued to Honolulu residents in the past 15 years as of 2007, according to testimony from Honolulu Police Department Captain Raymond Ancheta.
Contact: Attorney General Mark Bennett
Phone: (808) 586-1500
Fax: (808) 586-1239
Email:
Web: http://www.hawaii.gov/ag
- IA - State of Iowa Office of the Attorney General
-
State of Iowa Office of the Attorney General
Iowa Attorney General
1305 E. Walnut Street
Des Moines IA 50319
http://www.iowaattorneygeneral.org/
Right-To-Carry Law Type: Reasonable May Issue Chapter 724 of the Iowa Code authorizes the commissioner of the Iowa Department of Public Safety to provide forms for use by sheriffs for acquiring handguns or for carrying weapons. The forms, procedures and training requirements are further defined in Administrative Rules, 661, Chapter 4. Although these forms are available for downloading from this site, they are primarily being provided for informational purposes.
Iowa residents applying for permits to acquire pistols or revolvers or for permits to carry weapons must check with their respective sheriff's office for the application procedure for that county. Sheriffs may elect to include or not include the use of these forms in their application process
Contact: Attorney General Tom Miller
Phone: 515-281-5164
Fax: 515-281-4209
Email: webteam@ag.state.ia.us
Web: http://www.iowaattorneygeneral.org/
- ID - State of Idaho Office of the Attorney General
-
State of Idaho Office of the Attorney General
Office of Attorney General
700 W. State Street
P.O. Box 83720
Boise, ID 83720-0010
http://www2.state.id.us/ag/
Right-To-Carry Law Type: Shall Issue "ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS".
The sheriff of a county, on behalf of the state of Idaho, shall, within ninety (90) days after the filing of an application by any person who is not disqualified from possessing or receiving a firearm under state or federal law, issue a license to the person to carry a weapon concealed on his person within this state. For licenses issued before July 1, 2006, a license shall be valid for four (4) years from the date of issue. For licenses issued on or after July 1, 2006, a license shall be valid for five (5) years from the date of issue
Contact: Attorney General Lawrence Wasden
Phone: (208) 334-2400
Fax: (208) 854-8071
Email:
Web: http://www2.state.id.us/ag/
- IL - State of Illinois Office of the Attorney General
-
State of Illinois Office of the Attorney General
Chicago Main Office
100 West Randolph Street
Chicago, IL 60601
http://www.ag.state.il.us/index.html
Illinois has some of the most restrictive firearm laws in the country.
To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police. Generally a FOID will be granted unless the applicant has been convicted of a felony or an act of domestic violence, has been convicted of assault or battery or been a patient in a mental institution within the last five years, or is the subject of an order of protection. There are additional requirements for applicants under the age of 21.
There is no state preemption of firearm laws, with the result that some localities have outlawed the possession of handguns. This includes the Chicago suburbs of Winnetka, Wilmette, Morton Grove, Evanston, and Oak Park. Highland Park also prohibits handguns, unless the resident has obtained a permit from the police. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department. Chicago does not allow the registration of handguns, which has the effect of outlawing their possession, unless they were grandfathered in by being registered before 1982. Additionally, Cook County has banned assault weapons and magazines with the capacity to accept more than ten rounds of ammunition. Other municipalities have also enacted various firearm restrictions. Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.
Illinois is one of the few states that has no provision for the concealed carry of firearms by citizens. Open carry is also illegal, except when hunting. When a firearm is being transported, it must be unloaded and enclosed in a case.
When purchasing a handgun in Illinois, there is a 72 hour waiting period after the sale before the buyer can take possession. The waiting period for long guns is 24 hours.
Contact: Attorney General Lisa Madigan
Phone: (312) 814-3000
Fax:
Email:
Web: http://www.ag.state.il.us/index.html
- IN - State of Indiana Office of the Attorney General
-
State of Indiana Office of the Attorney General
Office of the Indiana Attorney General
Indiana Government Center South
302 W. Washington St.
Indianapolis, IN 46204
http://www.in.gov/attorneygeneral/consumer/onlineform.html
Indiana has enacted state preemption of firearm laws. However, local laws passed before 1994 or for certain narrowly defined emergency situations are valid.
Indiana is a "shall issue" state for concealed carry. A CCW license will be issued to individuals age 18 or older who meet a number of legal requirements. Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Application for a license must be made to the local police department, or absent that to the county police department. It is illegal to carry a concealed weapon on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Indiana honors CCW licenses issued by many other states, generally including non-resident licenses. However, Indiana residents, or non-residents with a "regular place of business" in Indiana, must obtain an Indiana license.
Firearms dealers or private individuals may not sell any firearm to someone less than 18 years old, or less than 23 years old if the buyer was "adjudicated a delinquent child for an act that would be a felony if committed by an adult", or to a person who is mentally incompetent or is a drug or alcohol abuser. Possession of automatic weapons by individuals or dealers who have obtained the appropriate federal license is permitted. Short barreled shotguns are prohibited.
Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty.
Contact: Attorney General Steve Carter
Phone: 317-232-6201
Fax: 317-232-7979
Email:
Web: http://www.in.gov/attorneygeneral/consumer/onlineform.html
- KS - State of Kansas Office of the Attorney General
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State of Kansas Office of the Attorney General
Memorial Hall, 2nd Floor
120 SW 10th Street
Topeka, KS 66612
http://www.ksag.org/home/
Despite a relative lack of firearms legislation, Kansas remained one of the few states with no provision for the concealed carry of firearms until March of 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry (in some form) and the 36th state with a "shall issue" policy. The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override veto from Governor Kathleen Sebelius (D), who had previously vetoed several other attempts at concealed carry in the past. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.
Additionally, Kansas heavily restricts possession and ownership of National Firearms Act weapons. Machineguns are illegal except for ones that have been deactivated. Kansas also bans sound suppressors (silencers), short barrel shotguns, and explosive destructive devices.
Contact: Attorney General Paul J. Morrison
Phone: (785) 296-2215
Fax: (785) 296-6296
Email: general@ksag.org
Web: http://www.ksag.org/home/
- KY - State of Kentucky Office of the Attorney General
-
State of Kentucky Office of the Attorney General
Office of the Attorney General
The Capitol, Suite 118
700 Capitol Avenue
Frankfort, Kentucky 40601-3449
http://ag.ky.gov/
Right-To-Carry Law Type: Shall Issue The Kentucky State Police was authorized by KRS 237.110 to issue and renew licenses to carry concealed firearms or other deadly weapons, or a combination thereof, to qualified persons. Effective July 12, 2006 proof of US Citizenship must be provided at the time of application. CCDW Application Process An applicant for a CCDW license must complete an application form at the sheriff's office in his or her county of residence. The applicant must also pay the $60 application fee at the time of application (active and retired peace officers that meet the requirements of KRS 237.110(7) are exempt from paying the application or renewal fee). Suppressors are also legally transferable in Kentucky.
Contact: Attorney General Greg Stumbo
Phone: (502) 696-5300
Fax: (502) 564-2894
Email: attorney.general@ag.ky.gov
Web: http://ag.ky.gov/
- LA - State of Louisiana Office of the Attorney General
-
State of Louisiana Office of the Attorney General
Administrative Offices
300 Capitol Drive
Baton Rouge, LA 70802
P.O Box 94005
Baton Rouge, LA 70804
http://www.ag.state.la.us/default.aspx
Right-To-Carry Law Type: Shall Issue Pursuant to Act 470 of the 2004 Regular Session, the State of Louisiana has enacted new legislation concerning reciprocity for concealed handgun permits. This act, which became effective August 15, 2004, amended R.S. 40:1379.3(T)(1) to provide:
"…A current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."
Contact: Attorney General Charles C. Foti, Jr.
Phone: 225-326-6705
Fax: 225-326-6793
Email: AdminInfo@ag.state.la.us
Web: http://www.ag.state.la.us/default.aspx
- MA - State of Massachusetts Office of the Attorney General
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State of Massachusetts Office of the Attorney General
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
http://www.mass.gov/?pageID=cagohomepage&L=1&L0=Home&sid=Cago
Massachusetts Law requires firearm owners to be licensed through the Massachusetts Criminal History Board. A license is required by state law for buying firearms and ammo. An applicant must have passed a State approved firearm safety course before applying for a license through their local Police department.
All applications, interviews, fees, and fingerprinting are done at the local Police Department then sent electronically to the Massachusetts State Police for the mandatory background checks, and processing. All approved applicants will receive their license from the issuing Police Department. All licensing information is stored by the Criminal History Board. Non residents who are planning on carrying in the state must apply for a temporary LTC through the State Police before their travel.
There are four different types of Firearm licenses issued in the state. The most restrictive license, the Firearm Identification License (FID), only allows the ownership of long arms (rifles or shotguns) that hold 10 rounds or less in their magazines. The Class B License To Carry (LTC) allows the ownership of handguns which hold 10rds or less or long arms with any capacity magazine. The Class A LTC allows the ownership of any capacity handgun, or longarm.
Furthermore, only a special unrestricted Class A LTC allows a civilian to carry a concealed firearm. A chief law enforcement official may restrict the Class A LTC to target shooting and hunting only, which then forbids CCW.
The final license is only issued for "Machine guns." Conceal carry is restricted from all Federal and state buildings including schools, state parks and forests but there are no other restrictions on where one can carry in the state.
An interesting note is that there are no state laws governing the practice of Open Carry, but one must do so at one's own risk, and it is highly advisable not to carry in any urban or residential areas.
All private sales are required to be registered through a FA-10 form with the Criminal History Board, Firearm Records division. Magazines above ten round capacity are restricted to LEOs only, except for ones owned before the 1994 ban. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state in all classes of LTCs, are issued in a highly discretionary manner.
FIDs are "Shall issue", except if the applicant fails a background check. Massachusetts law does not recognize the Firearm Owners' Protection Act. There are a few exceptions that are made under State law which require all firearms to be stored safely (unloaded) in a locked container separate from the ammo, preferably in the trunk of the vehicle. Any firearms that are found to be unsecured may be confiscated by law enforcement officers.
Contact: Attorney General Martha Coakley
Phone: (617) 727-2200
Fax: (617) 727-4765
Email:
Web: http://www.mass.gov/?pageID=cagohomepage&L=1&L0=Home&sid=Cago
- MD - State of Maryland Office of the Attorney General
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State of Maryland Office of the Attorney General
Office of the Attorney General
200 St. Paul Place
Baltimore, MD 21202
Branch Offices:
Cumberland (301) 722-2000
Frederick (301) 600-1071
Hagerstown (301) 791-4780
Hughesville (301) 274-4620 or toll-free 1-866-366-8343
Salisbury (410)713-3620
http://www.oag.state.md.us/
Maryland tightly restricts the issuance and use of concealed carry permits. An individual must either prove that their employment requires the transportation of large amounts of cash or, in the case of security guards and private detectives, that the use of a handgun is required to perform his or her duties. Individuals citing personal protection must produce documentation of death threats supported by police reports; even then, permits have been denied in some cases. Almost all permits have tight restrictions on their use; for example, a licensed business owner or employee may only legally carry concealed while in the act of transporting cash from his or her business.
Contact: Attorney General Douglas F. Gansler
Phone: (410) 576-6300
Fax:
Email: consumer@oag.state.md.us
Web: http://www.oag.state.md.us/
- ME - State of Maine Office of the Attorney General
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State of Maine Office of the Attorney General
Central Office:
Burton M. Cross Building, 6th Floor
Augusta, Maine 04333
Mailing Address:
6 State House Station
Augusta, Maine 04333
http://www.maine.gov/ag/index.php?r=home
Right-To-Carry Law Type: Shall Issue The issuing authority shall, upon written application, issue a permit to carry concealed firearms to an applicant over whom it has issuing authority and who has demonstrated good moral character and who meets the requirements listed in 25 M.R.S.A section 2003.
Contact: Attorney General Steven Rowe
Phone: (207) 626-8800
Fax: (207) 626-8865
Email:
Web: http://www.maine.gov/ag/index.php?r=home
- MI - State of Michigan Office of the Attorney General
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State of Michigan Office of the Attorney General
G. Mennen Williams Building, 7th Floor
525 W. Ottawa St.
P.O. Box 30212
Lansing, MI 48909
http://www.michigan.gov/ag/
In Michigan, rifles and shotguns may be purchased by anyone 18 or over who is not subject to restrictions that are usually based on criminal or mental health history. A License to Purchase is required to purchase a handgun. Anyone purchasing a handgun must be 21 years of age or more to purchase from a federally licensed firearms dealer. However in the case of a private sale the purchaser need only be 18 or older[38]. All handguns must be registered with the state.
Michigan's concealed carry law is "shall issue," meaning that anyone over 21 may obtain a license to carry a concealed handgun if they are not prohibited from owning firearms, have not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and have completed state approved firearms training. Open carry is legal in Michigan, and the state claims complete preemption of laws in regards to ownership and carriage of firearms. Michigan used to not allow ownership of NFA firearms, though Attorney General Mike Cox has written an Attorney General's Opinion that allows for fully automatic machine guns to be legally transferable to Michigan residents who comply with federal laws. Suppressors (silencers) however are still illegal and non-transferable in Michigan.
Contact: Attorney General Mike Cox
Phone: (517) 373-1110
Fax: (517) 373-3042
Email: miag@michigan.gov
Web: http://www.michigan.gov/ag/
- MN - State of Minnesota Office of the Attorney General
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State of Minnesota Office of the Attorney General
Office of Minnesota Attorney General Lori Swanson
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101-2131
http://www.ag.state.mn.us/
Right-To-Carry Law Type: Shall Issue. Minnesota is not a conceal and carry state. With a carry permit, one may carry in legal areas of carry. Applications are to be made to the sheriff in the county where the applicant resides. Non-residents may apply to any Minnesota county sheriff. Minnesota State Statute 624.714
Frequently Asked Questions:
- Where do I get a permit to carry? For Minnesota residents, individuals may obtain permits to carry a pistol by submitting an application and other related documentation to the sheriff in the county where the applicant resides. Non-residents may apply to any Minnesota county sherif
- What are the requirements for obtaining a permit to carry? Must be at least 21 years of age. Must complete an application form. Must not be prohibited from possessing a firearm. Must not be listed in the criminal gang investigation system. Must be a resident of the county from which you are requesting a permit if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff. Must provide certificate of completed authorized firearms training. Training by a certified instructor, completed within one year prior to applying for permit.
Contact: Attorney General Lori Swanson
Phone: (651) 296-3353
Fax: (651) 297-7206
Email:
Web: http://www.ag.state.mn.us/
- MO - State of Missouri Office of the Attorney General
-
State of Missouri Office of the Attorney General
Missouri Attorney General's Office
Supreme Court Building
207 W. High St.
P.O. Box 899
Jefferson City, MO 65102
http://ago.mo.gov/
Right-To-Carry Law Type: Shall Issue The applicant must be a state resident for 6 months prior to application, 23 years old and meet the requirements listed in the statute
Contact: Attorney General Jay Nixon
Phone: 573-751-3321
Fax: 573-751-0774
Email: ag@ago.mo.gov
Web: http://ago.mo.gov/
- MS - State of Mississippi Office of the Attorney General
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State of Mississippi Office of the Attorney General
MS Attorney General's Office
Walter Sillers Building
550 High Street, Suite 1200
Jackson, MS 39201
http://www.ago.state.ms.us/
Right-To-Carry Law Type: Shall IssueThe applicant must be a resident for twelve (12) months or longer immediately preceding the filing of the applications. This may be waived for active Military or having an active permit from another state.
Contact: Attorney General Jim Hood
Phone: 601-359-3680
Fax:
Email: msag05@ago.state.ms.us
Web: http://www.ago.state.ms.us/
- MT - State of Montana Office of the Attorney General
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State of Montana Office of the Attorney General
Attorney General Mike McGrath
Department of Justice
P.O. Box 201401
Helena, MT 59620-1401
http://doj.mt.gov/
Right-To-Carry Law Type: Shall Issue Montana law prohibits people from carrying concealed weapons inside city, town or logging camp limits and also contains some limits on carrying concealed weapons outside of city limits. However, a person may carry concealed weapons in many instances if he or she has a valid Montana or out-of-state permit to do so. Applicants must also be a state resident for 6 months prior to application and 18 years old.
Contact: Attorney General Mike McGrath
Phone: (406) 444-2026
Fax: (406) 444-3549
Email: contactdoj@mt.gov
Web: http://doj.mt.gov/
- NC - State of North Carolina Office of the Attorney General
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State of North Carolina Office of the Attorney General
9001 Mail Service Center
Raleigh, NC 27699-9001
http://www.ncdoj.com/
Right-To-Carry Law Type: Shall IssueThe North Carolina General Assembly enacted a concealed handgun law that allows qualifying citizens of North Carolina the opportunity to obtain a permit to carry a concealed handgun. This law became effective on December 1,1995, and requires that the permit be secured from the sheriff of the permittee's county of residence. Once issued, the permit is valid throughout the state for a period of five years, unless it has been revoked. Crossbows are also considered in this section of the law and must have permits
Contact: Attorney General Roy Cooper
Phone: 919-716-6400
Fax: 919-716-6750
Email:
Web: http://www.ncdoj.com/
- ND - State of North Dakota Office of the Attorney General
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State of North Dakota Office of the Attorney General
State Capitol
600 E. Boulevard Ave.
Dept. 125
Bismarck, ND 58505
http://www.ag.state.nd.us/
Right-To-Carry Law Type: Shall Issue Applicants must be 18 years old and follow the process. The permits prohibit carrying in churches, gaming sites, liquor establishments, and any public gathering. Please note that some states that require permits at 21 may not recognize a permit from a state with an 18-year-old requirement. The “Castle Doctrine” bill passed both chambers with strong bipartisan support. It passed the Senate on March 23 ,2007 by a 44-2 margin, and in the House on April by a margin of 80-13. The legislation states that if a criminal breaks into your occupied home, your vehicle or your place of business, you may use any manner of force against that person and do not have a “duty to retreat” if threatened with great bodily harm or death.
Contact: Attorney General Wayne Stenehjem
Phone: 701 328-2210
Fax:
Email: ndag@nd.gov
Web: http://www.ag.state.nd.us/
- NH - State of New Hampshire Office of the Attorney General
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State of New Hampshire Office of the Attorney General
33 Capitol Street
Concord, NH 03301
http://doj.nh.gov/
Right-To-Carry Law Type: Shall Issue You may carry in New Hampshire without a permit fully exposed. You may carry concealed as long as you do not have any ammunition on your person. The concealed carry is a full privilege concealed carry license with normal restrictions. Frequently Asked Questions: The NH Non-Resident Pistol License does not contain the wording "carry concealed." Can I "carry concealed" with this license? Yes, a license issued under RSA 159:6 is a full privilege concealed carry license.
If you own a handgun and want to bring it into New Hampshire but don’t have a license to carry concealed, You may carry unloaded in your vehicle. The ammunition must be separate from the gun. You may carry loaded on your person if the weapon is fully exposed. For example, it may not be concealed by a shirt or a jacket, or located in a backpack. You may carry unloaded and concealed on your person, so long as you do not possess any ammunition on your person. Please refer to RSA 159 for additional information. Must be 18 years of age to carry concealed.
Contact: Attorney General Kelly A. Ayotte
Phone: (603) 271-3658
Fax: (603) 271-2110
Email:
Web: http://doj.nh.gov/
- NJ - State of New Jersey Office of the Attorney General
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State of New Jersey Office of the Attorney General
Office of The Attorney General
P.O. Box 080
Trenton, NJ 08625-0080
http://www.state.nj.us/lps/contactus.htm
In New Jersey, firearm owners are required to get a Firearm Purchaser card for the purchase of a rifle, shotgun or handgun. To purchase a handgun, a separate permit is needed from the state for each handgun to be purchased and expires after 90 days. NJ law says that the handgun purchase permit must be issued within 30 days, but it is not uncommon for it to take several months to be issued. Capacities of both handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. New Jersey also bans the use of hollowpoint ammunition. New Jersey has its own ban on various semi-automatic firearms as well. Police are bound by the AWB in NJ and cannot own those firearms unless they are signed off by the Chief as used in an official capacity. They are exempt from the magazine limits when used in a duty/off duty firearm and approved by the department.
Contact: Attorney General Anne Milgram
Phone: 609-292-4925
Fax:
Email: askconsumeraffairs@lps.state.nj.us
Web: http://www.state.nj.us/lps/contactus.htm
- NM - State of New Mexico Office of the Attorney General
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State of New Mexico Office of the Attorney General
Physical Address:
408 Galisteo Street
Villagra Building
Santa Fe, New Mexico 87501
Mailing Address:
P.O. Drawer 1508
Santa Fe, NM 87504-1508
http://www.nmag.gov/
Right-To-Carry Law Type: Shall Issue Requirements include proof of US Citizenship and a New Mexico resident. Concealed guns of the same caliber and category than is indicated on the permit and only one concealed handgun at a time. The applicants must also pass a health examination to verify addition to alcohol or controlled substances. Can I drink alcohol while carrying? No. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm, and is a petty misdemeanor; however, it is a felony crime to carry a firearm, loaded or unloaded, into any area of any licensed liquor establishment in the State of New Mexico (See Sections 30-7-2 and 30-7-3, NMSA 1978). There is not an exception in the law for those who have obtained concealed firearms licenses. If though you may have a valid concealed firearm license, you shall not carry any firearm, loaded or unloaded, into any licensed liquor establishment. A licensed liquor establishment is any business licensed to sell, serve and/or permit the consumption of alcoholic beverages on the premises; or any establishment which has been issued a license by the New Mexico Regulation and Licensing Department’s Alcohol and Gaming Division to sell, serve or dispense alcoholic beverages for consumption on, or off, the licensed premises. There are a wide variety of “licensed liquor establishments” in New Mexico, including: saloons, bars, taverns, pubs, nightclubs, restaurants, pizza parlors, golf courses, country clubs, private and fraternal clubs, racetracks, sportplexes, coliseums, pavilions, concert theaters, hotel lounges, gas stations, convenience stores, grocery stores, supermarkets, mixed product stores (i.e. Wal-Mart, Costco, Walgreen’s, Sam’s Club, Furr’s, Smith’s, Raley’s, etc…) It is a felony to carry any firearm, loaded or unloaded, into any area of these businesses (See Sections 60-3A-3.M, & 30-7-3, NMSA 1978).
Can an owner of private property prohibit me from carrying my concealed handgun on his premise? Yes. Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering upon the property.
Contact: Attorney General Gary King
Phone: (505) 827-6000
Fax: (505) 827-5826
Email: psisneros@ago.state.nm.us
Web: http://www.nmag.gov/
- NV - State of Nevada Office of the Attorney General
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State of Nevada Office of the Attorney General
Office of the Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
http://ag.state.nv.us/main.htm
Nevada law does not require registration of rifles, however, handgun owners resident in Clark County must register their weapons with Clark county - Las Vegas Police Dept. ( excluding Boulder City ). Concealed carry is not permitted without a CCW permit issued by the counties. A person must take a class to receive the CCW concealed carry permit and must qualify by demonstrating use of the exact model handgun that the person will carry.
Right-To-Carry Law Type: Shall IssueNevada has an open carry law that permits a person to carry a handgun in plain view, however, there are exceptions. For instance, Clark County requires you to have a registration to open carry, and you must carry your registration with you when you are carrying a gun. Some cities such as North Las Vegas and Boulder City have "deadly weapon" laws, and you could be cited or arrested if you pass through their jurisdictions with a firearm in your vehicle. The make model and caliber of each firearm to be listed on the permit is also required. An individual may have up to 15 firearms on one permit.
Contact: Attorney General catherine Cortez Masto
Phone: (775) 684-1100
Fax: (775) 684-1108
Email:
Web: http://ag.state.nv.us/main.htm
- NY - State of New York Office of the Attorney General
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State of New York Office of the Attorney General
Albany:
The Capitol
Albany, NY 12224-0341
New York City:
120 Broadway
New York City, NY 10271
(212) 416-8000
http://www.oag.state.ny.us/
New York State has a ban that is an exact mirror of the Federal assault weapons ban, except that it does not have a sunset provision.
New York's laws are not uniform throughout the state. Any city with a population of over 100,000 people is allowed to pass additional laws. Some of the cities with stricter laws include, Albany, Buffalo, Rochester and New York City which is known for having some of the strictest gun laws in the country. In NY City, all gun owners must have a permit and rifles and shotguns owned by a permit holder must be registered with the Police Department. Handgun owners must apply for a separate license that cost $340 every 3 years to renew and all handguns must be listed on the license. Handgun licenses issued in NY City are not valid in the rest of the state and all licenses issued outside of NY City are valid throughout NY State except NY City. Rifles and shotguns are not licensed in the rest of the state.
Most of NY gun laws are covered in two section of NY Penal law. Article 265 - (265.00 - 265.40) FIREARMS AND OTHER DANGEROUS WEAPONS; Weapons Crimes, Firearms and Other Dangerous Weapons, list definitions and legal violations. This sections includes the banning of possession of a handgun, ("firearm" under definition 3,) by anyone in NY State. Section 265.20 includes exemptions to the handgun ban including to those who have a license issued under Article 400 - (400.00 - 400.10) LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS; Licenses to Carry, Possess, Repair and Dispose of Firearms.
Every year the New York State Assembly passes many "gun control" bills including ones that would change the definition of 'assault weapons,' storage and trigger lock laws and require ballistic fingerprinting of all firearms. These bills, however, never pass in the Senate. NY's ballistic fingerprinting program called CoBIS is required for all new handguns sold in NY State. The CoBIS program started on 3/2/2001 and after 6 years almost 150,000 handguns have been registered in the program but with only 2 "hits" and neither one lead to any arrest or conviction. The program has cost between $13 and $28 million dollars and used more than 450,000 NY State police man hours.
New York is a particularly interesting case, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with "assault weapons" must have the weapons unloaded and locked in a hard case where they are not readily accessible.
Contact: Attorney General Andrew M. Cuomo
Phone: (518) 474-7330
Fax:
Email: FOIL@oag.state.ny.us
Web: http://www.oag.state.ny.us/
- OH - State of Ohio Office of the Attorney General
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State of Ohio Office of the Attorney General
State Office Tower
30 E. Broad Street, 17th Floor
Columbus, OH 43215-3428
http://www.ag.state.oh.us/le/prevention/concealcarry/index.asp
Colleen Brown, Executive Assistant
614-466-4320
In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.[40]
The licenses are issued by county sheriffs.
The statute prohibits any person with any drug conviction from receiving a license, as well as any person convicted of a felony and those who have been convicted of certain misdemeanor crimes of violence within three years (ORC 2923.125).
The law contains language that asserts it is a "law of general application" and thus supersedes any local ordinances that are more restrictive than state law. However, as of July 2006, at least two court cases brought by municipalities are challenging this language as being in violation of Ohio's Constitution. Both of which have been denied by appeals courts as having no "merit" and being in direct violation of Section 3, Article XVIII of the Ohio Constitution often called the “home rule” amendment, states that municipalities “shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” No matter what any local judge says, the law is clear according to the Ohio Supreme Court. It is a general law if it complies with the following:
1. What is a General Law? To constitute a general law for purposes of the Home Rule Amendment, a statute must (1) be part of a statewide and comprehensive legislative enactment (2) apply to all parts of the state alike and operate uniformly throughout the state (3) set forth police, sanitary, or similar regulations, rather than merely grant or limit legislative power of a municipal corporation to set forth police, sanitary, or similar regulations (4) prescribe a rule of conduct upon citizens generally. City of Canton v. State (2002), 95 Ohio St. 3d 149, 766 N.E.2d 96
The new CCW rules fall under ALL of these requirements
a. They are part of a statewide law that anyone can understand b. they apply to ALL parts of the state and create a uniform law that ALL must follow c. they set forth new rules that ALL peace officers MUST follow d. they set a code of conduct upon all citizens that have the CCW. And require that code be followed.
Ohio's concealed handgun law allows for reciprocity with other states with "substantially comparable" statutes, and to date Ohio has reciprocity with 21 other states. States that honor this state's Permit/License are listed below with 26 more in discussions about reciprocity:
Alaska
Updated: 2005-06-01
http://www.dps.state.ak.us/PermitsLicensing/achp/Reciprocity.aspe
Arizona
Updated: 2006-12-24
http://www.azdps.gov/ccw/reciprocity/default.asp
Non-resident permit/license okay
Delaware
Updated: 2005-06-02
http://www.state.de.us/attgen/main_page/concealedweapons.htm
Florida
Updated: 2005-06-01
http://licgweb.doacs.state.fl.us/news/concealed_carry.html
Resident permit/license only
Idaho
Updated: 2005-06-01
http://www.isp.state.id.us/patrol/faqs.html
Indiana
Updated: 2004-01-09
http://www.in.gov/isp/faq/index.html
Kentucky
Updated: 2004-01-09
http://www.kentuckystatepolice.org/conceal.htm
Michigan
Updated: 2005-06-01
http://www.michigan.gov/ag/0,1607,7-164-17334_17362_22672-60639--,00.html
Resident permit/license only
Missouri
Updated: 2004-02-27
Montana
Updated: 2005-06-01
http://www.doj.state.mt.us/enforcement/concealedweapons.asp
New Mexico
Updated: 2005-11-30
Non-resident permit/license okay
North Carolina
Updated: 2005-08-21
http://www.ncdoj.com/law_enforcement/cle_handguns.jsp
Oklahoma
Updated: 2005-06-02
http://www.osbi.state.ok.us/PublicServices/SDAreciprocity.htm
South Carolina
Updated: 2006-12-27
http://www.ag.state.oh.us/le/prevention/concealcarry/reciprocity.asp
Resident permit/license only
South Dakota
Updated: 2005-07-01
http://www.state.sd.us/sos/Firearms/index.htm
Non-resident permit/license okay
Tennessee
Updated: 2005-06-02
http://www.state.tn.us/safety/handgun/reciprocity.htm
Utah
Updated: 2004-01-09
http://bci.utah.gov/CFP/CFPFAQ/FAQOther.html
Vermont
Updated: 2004-09-11
See general notes section of Vermont page
Virginia
Updated: 2004-07-30
http://www.vsp.state.va.us/cjis_reciprocity.htm
Washington
Updated: 2004-06-30
http://www.atg.wa.gov/firearms/states.shtml
Wyoming
Updated: 2004-07-19
http://attorneygeneral.state.wy.us/dci/CWP.html
An Ohio CCW license does not allow totally unfettered carry. Any owner of private property can ban concealed handguns by posting a sign in clear view, and most government buildings are off-limits as well as hospitals and schools and most religious places as long as they are clearly marked (to be clearly marked, you MUST have a sign issued by the state at no cost to you, clearly posted by your entrances aprovision of the Ohio statute is perhaps its motor vehicle carry section (ORC 2923.16). This section allows for three ways for a licensee to carry a concealed handgun in a motor vehicle (which includes motorcycles):
- In a locked glove compartment;
- In a locked case that is in plain sight;
- In a "holster attached to a person's person that is in plain sight."
- Ohio law does define "in plain sight" for the purposes of concealed carry as of March 2007 barring any successful legal challenge. This is a non issue as this clearly falls under what is considered a "General Law" of the state of Ohio and as such it supersedes any and all local laws or "home rule" made laws as it is illegal and Unconstitutional in the state of Ohio for a local law to overturn a "general law"of the state of Ohio.
On 2006-11-29, the Ohio legislature approved Amended Substitute House Bill 347. This bill would preempt all firearms regulation, thus removing any doubt as to the validity of local regulation of firearms, as well as relaxing the above mentioned requirements for carrying a weapon in a vehicle. This bill removed the requirement for plain sight if the gun was holstered or in a locked container, and allowed carry in an unlocked but closed or latched container if in plain sight. [41]
Contact: Attorney General Marc Dann
Phone: (614) 466-4320
Fax:
Email:
Web: http://www.ag.state.oh.us/le/prevention/concealcarry/index.asp
- OK - State of Oklahoma Office of the Attorney General
-
State of Oklahoma Office of the Attorney General
313 NE 21st Street
Oklahoma City, OK 73105
http://www.oag.state.ok.us/
Right-To-Carry Law Type: Shall Issue Applicants must be 21, a citizen of the United States and a current state resident. A person on active military duty, National Guard duty or regular military reserve duty who is a legal resident of this state and who is trained and qualified in the use of handguns is exempt from the training course. Title 21 also states that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if the defensive force is in response to unlawful and forcible entry of the person's home or occupied vehicle. When carrying a firearm with a concealed carry license, the hand gun must be completely concealed
Contact: Attorney General W.A. Drew Edmondson
Phone: 405.521.3921
Fax: 918.581.2885
Email:
Web: http://www.oag.state.ok.us/
- OR - State of Oregon Office of the Attorney General
-
State of Oregon Office of the Attorney General
Oregon Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
http://www.doj.state.or.us/
Oregon is a shall-issue concealed pistol license state, and is notable for having very few restrictions on where a concealed firearm may be carried. For example, Oregon is one of the few states where a concealed handgun may be carried in any public school. Oregon has statewide preemption for its firearm laws.
There is an ongoing battle between some localities and the state, with localities, particularly in Multnomah county, trying to supersede state preemption and restrict concealed weapon carry in certain places not restricted by the state.
Contact: Attorney General Hardy Myers
Phone: (503) 378-4400
Fax: (503) 378-4017
Email: doj.info@state.or.us
Web: http://www.doj.state.or.us/
- PA - State of Pennsylvania Office of the Attorney General
-
State of Pennsylvania Office of the Attorney General
Pennsylvania Office of Attorney General
16th Floor
Strawberry Square
Harrisburg, PA 17120
http://www.attorneygeneral.gov/
Right-To-Carry Law Type: Shall Issue An individual who is 21 years of age or older may apply for a license to carry firearms by submitting a completed Application for a Pennsylvania License to Carry Firearms to the sheriff of the county in which they reside or if a resident of a city of the first class, with the chief of police of that city along with the required fee. If the PICS check is approved and the subject is of good character, the sheriff may issue a License to Carry Firearms. The issuance of a License to Carry Firearms allows individuals to carry a firearm concealed on or about their person, or in a vehicle throughout this Commonwealth. The license is valid for a period of five (5) years unless sooner revoked.
In a "city of the first class" (Philadelphia is the only such city in Pennsylvania) A License to carry a Firearm is also needed to openly carry a firearm (unconcealed). No license is required to "openly carry" a firearm throughout the rest of the state. Nonetheless, all Pennsylvania LTCF permits are valid in Philadelphia.
NOTE: A license to carry firearms is NOT a license to purchase. Individuals who purchase a firearm from a licensed dealer are required to have a background check conducted regardless of whether they have a license to carry firearms or not.
http://www.legis.state.pa.us/WU01/LI/LI/CTS/18/00.061.006.000..HTM
Contact: Attorney General Tom Corbett
Phone: 717-787-3391
Fax: 717-787-8242
Email:
Web: http://www.attorneygeneral.gov/
- PR - Puerto Rico Office of Government
-
Puerto Rico Office of Government
La Fortaleza
P. O. Box 9020082
San Juan, PR 00902-0082
United States House of Representatives
Honorable Luis Fortuño
126 Cannon House Office Building
Washington, DC 20515
(202) 225-2615; (202) 225-2154 (Fax)
http://en.wikipedia.org/wiki/Puerto_Rico
Web: www.house.gov/fortuno/
Contact: Head of Government Aníbal Acevedo Vilá
Phone: (787) 721-7000
Fax:
Email:
Web: http://en.wikipedia.org/wiki/Puerto_Rico
- RI - State of Rhode Island Office of the Attorney General
-
State of Rhode Island Office of the Attorney General
Department of the Attorney General
150 South Main Street
Providence, RI 02903
http://www.riag.state.ri.us/
Right-To-Carry Law Type: Restrictive May Issue The Attorney General may issue a license or permit to carry a pistol or revolver to any person twenty-one (21) years of age or over upon showing of need. The Questions asked by the governing statutes leave the ability for the Attorney General to deny applications for almost any reason. Question number 2 states "Can the applicant readily alter his or her conduct, or undertake reasonable measures other than carrying a loaded firearm, to decrease the danger to life, limb or property?
Frequently Asked Questions:
Are stun guns legal? RHODE ISLAND: Illegal General Laws of Rhode Island. Title 11, Chapter 47. Statute Subsection 11-47-42. Weapons other than firearms prohibited. - (A) No person shall carry or possess or attempt to use against another, any instrument or weapon of the kind commonly known as a *** stun gun ***. Any person violating the provisions of this subsection, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, and the weapon so found shall be confiscated. SUMMARY: Possession and use of Stunning Devices are banned.
Contact: Attorney General Patrick C. Lynch
Phone: (401) 274-4400
Fax:
Email:
Web: http://www.riag.state.ri.us/
- SC - State of South Carolina Office of the Attorney General
-
State of South Carolina Office of the Attorney General
Mailing Address:
The Honorable Henry McMaster
P.O. Box 11549
Columbia, S.C. 29211
Office Location:
Rembert Dennis Building
1000 Assembly Street, Room 519
Columbia, S.C. 29201
http://www.scattorneygeneral.org/
South Carolina is a "shall issue" concealed carry permit state. South Carolina also has "Castle Law" legal protection of the use of deadly force against intruders into one's home, business, or car. Open carry is not allowed, but no permit is required to carry a loaded handgun in the console or glove compartment of a car.
info@scattorneygeneral.com
Contact: Attorney General Henry McMaster
Phone: 803-734-3970
Fax:
Email:
Web: http://www.scattorneygeneral.org/
- SD - State of South Dakota Office of the Attorney General
-
State of South Dakota Office of the Attorney General
Office of the Attorney General
1302 E Hwy 14
Suite 1
Pierre SD 57501-8501
http://www.state.sd.us/attorney/
Right-To-Carry Law Type: Shall Issue Local county sheriff or the local police are the issuing authorities. South Dakota does honor all other state permits.
Frequently Asked Questions:
- How should a firearm be transported? 22-14-9. Carrying pistol or revolver without a permit as misdemeanor. Any person, other than a law enforcement officer when acting as such, is guilty of a Class 1 misdemeanor if he: (1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his person without a permit as provided in chapter 23-7; or (2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle operated by him, without a permit as provided in chapter 23-7. 22-14-9.1. Person possessing concealed pistol to have physical possession of valid permit -- Violation as petty offense -- Charge dismissed. No person may possess a concealed pistol in accordance with chapter 23-7 or this chapter unless that person also has in his or her physical possession a valid South Dakota permit to carry a concealed pistol or a permit effective pursuant to § 23-7-7.3. A violation of this section is a petty offense. However, if within twenty-four hours of being charged with a violation of this section, the person produces a permit to carry a concealed pistol which was valid at the time of the alleged offense in the office of the officer making the demand, the charge shall be dismissed. 22-14-9.2. Holders of permits from reciprocal states subject to South Dakota laws -- Violation a misdemeanor. Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to § § 23-7-7.3, 22-14-9.1, 22-1-49.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. A violation of this section is a Class 1 misdemeanor. 22-14-10. Lawful uses of unloaded pistols or revolvers exempt from concealment prohibition and permit requirement. Section 22-14-9 does not apply to persons who carry one or more unloaded pistols or revolvers for the purpose of, or in connection with, any lawful use, if the unloaded weapon or weapons are carried: (1) In the trunk or other closed compartment of a vehicle; or (2) In a closed container which is too large to be effectively concealed on the person or within his clothing. The container may be carried in a vehicle or in any other manner. Any person who complies with this section may not be required to obtain a permit for the lawful uses herein described.
Contact: Attorney General Larry Long
Phone: (605) 773-3215
Fax: (605) 773-4106
Email: atghelp@state.sd.us
Web: http://www.state.sd.us/attorney/
- TN - State of Tennessee Office of the Attorney General
-
State of Tennessee Office of the Attorney General
Office of the Attorney General
P.O. Box 20207
Nashville, TN 37202-0207
http://www.attorneygeneral.state.tn.us/
Right-To-Carry Law Type: Shall Issue The citizens of the state of Tennessee have the right to keep and bear arms for their common defense; but the General Assembly has the power, by law, to regulate the wearing of arms with a view to prevent crime. Any resident of Tennessee who has reached twenty-one (21) years of age may apply to the Department of Safety for a handgun permit. If the applicant is not prohibited from purchasing or possessing a firearm in this state pursuant to T.C.A. Cod 39-17-316 or 39-17-1307(b), 18 U.S.C. 9 (g) or any other state or federal law and the applicant otherwise meets all of the requirements, the department shall issue a permit to the applicant.
Contact: Attorney General Robert E. Cooper, Jr.
Phone: (615)741-3491
Fax:
Email:
Web: http://www.attorneygeneral.state.tn.us/
- TX - State of Texas Office of the Attorney General
-
State of Texas Office of the Attorney General
By Mail:
Office of the Attorney General
PO Box 12548
Austin, TX 78711-2548
Physical Address:
Office of the Attorney General
300 W. 15th Street
Austin, TX 78701
http://www.oag.state.tx.us/
Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older without felony convictions; a rifle, shotgun, or other long-barreled firearm may be carried openly, however a permit to carry is required for handguns (issued only to those 21 and older), and they must be concealed. Also, municipalities may not create their own gun control laws (preemption).
On March 27, 2007, Gov. Rick Perry signed Senate Bill 378 into law, making Texas a "castle law" state which came into effect September 1, 2007.
Concealed Carry
Concealed carry is allowed in Texas, provided the individual has a Texas-issued CCW permit or is permitted in a state with which Texas has a reciprocity agreement.
The concealed handgun law sets out the eligibility criteria that must be met. For example, you must be qualified to purchase a handgun under the state and federal laws. Additionally, a number of factors may make you ineligible to obtain a license, including: felony convictions and some misdemeanor, including charges that resulted in probation or deferred adjudication, pending criminal charges, chemical or alcohol dependency, certain types of psychological diagnoses, protective or restraining orders, or defaults on taxes, governmental fees, student loans or child support.
Texas also signed HB1815 a new bill that allows any Texas resident to carry a concealed handgun with out a permit under in the residents car. Now, it simply isn’t an offense to carry a gun in a vehicle, but with these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; (3) the carrier cannot be a member of a criminal gang. The fourth rule isn’t mentioned in the bill, but stands from laws on the books for a long time, and that is that no felon can carry or even be around a gun.
Contact: Attorney General Greg Abbott
Phone: (512) 463-2100
Fax: (512) 494-8017
Email:
Web: http://www.oag.state.tx.us/
- UT - State of Utah Office of the Attorney General
-
State of Utah Office of the Attorney General
Utah State Capitol Office
Office of the Attorney General
Utah State Capitol Complex
East Office Bldg, Suite 320
SLC UT 84114-2320
Utah State Capitol Office Mailing Address:
Office of the Attorney General
PO Box 142320
SLC UT 84114-2320
http://attorneygeneral.utah.gov/
State Requirements/ Rifles and Shotguns
Permit to purchase rifles and shotguns? No.
Registration of rifles and shotguns? No.
Licensing of owners of rifles and shotguns? No.
Permit to carry rifles and shotguns? No.
Handguns
Permit to purchase handgun? No.
Registration of handguns? No.
Licensing of owners of handguns? No.
Permit to carry handguns? Yes. A permit is required if concealed and/or loaded.
Utah is one of the states that allows for "Non-Resident" CCW Permits to be issued. This "Non-Resident" CCW Permit is valid in many states across the US. However there are several states that have just passed statutes that do not honor a "Non-Resident" CCW Permit. Utah Law Page
Contact: Attorney General Mark Shurtleff
Phone: (801) 366-0260
Fax: (801) 366-0221
Email: uag@utah.gov
Web: http://attorneygeneral.utah.gov/
- VA - State of Virginia Office of the Attorney General
-
State of Virginia Office of the Attorney General
Office of the Attorney General
900 East Main Street
Richmond, VA 23219
http://www.oag.state.va.us/
Virginia allows unlicensed open carry of a handgun that has a capacity of twenty rounds or less, unthreaded barrel and no collapsible stock. (Most handguns fall under this category). Open carry is defined as the gun's true nature is not "hidden from common observation" (wording per VA State Police website)
Virginia Concealed Handgun Permit (CHP) holders are exempt from:
- One gun a month rules
- Rules regarding open carry firearm restrictions (see above)
- General College Carry Restrictions
- Gun Free School Zone act, CHP holders are allowed to have guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed
- Ban regarding firearms in VA General Assembly.
- Virginia CHPs are shall issue.
Open Carry is done throughout the state mainly by Concealed Handgun Permit Holders. CHP holders are not allowed to conceal handguns inside any restaurant licensed for on-site consumption of alcohol, although any citizen may open carry inside one. In more rural parts of Virginia, open carry is more common as CHPs cost money that some rural residents may not be able to afford.
In urban areas, open carry is uncommon, but not unheard of nor illegal under Virginia State law. However, local law enforcement has been known to stop and question individuals who do so.
Under Virginia code, localities may no longer regulate firearms with sole exception of regulation of discharge of firearms.
NFA34 weapons are allowed under Virginia state law but machine guns must be registered with the Virginia State Police.
Contact: Attorney General Bob McDonnell
Phone: (804) 786-2071
Fax:
Email: mail@oag.state.va.us
Web: http://www.oag.state.va.us/
- VT - State of Vermont Office of the Attorney General
-
Attorney General's Office
109 State Street
Montpelier, VT 05609-1001
Vermont is notable in that it has no gun control laws aside from prohibiting counties and other localities from making their own gun control laws (preemption). The only firearm laws that apply in Vermont are federal ones.[47]
The term "Vermont Carry" is used by gun rights advocates to refer to allowing citizens to carry a firearm concealed or openly without any sort of permit requirement. Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry while in Vermont
Contact: Attorney General William H. Sorrell
Phone: 802-828-3171
Fax: 802-828-2154
Email: atginfo@atg.state.vt.us
Web: http://www.atg.state.vt.us/
- WA - State of Washington Office of the Attorney General
-
State of Washington Office of the Attorney General
Office of the Attorney General
1125 Washington St SE
PO Box 40100
Olympia, WA 98504-0100
http://www.atg.wa.gov/
Washington is one of the original "shall issue" states, in which a concealed pistol permit must be issued to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants. Furthermore, a concealed pistol license is not required to carry a concealed pistol if the person carrying the firearm is in route to, in route from, or actively participating in a "legitimate outdoor activity". Open carrying of firearms is not prohibited by law although trouble with some law enforcement agencies has been encountered while open carrying in the past, most notably in a case in Ellensburg, Washington.
Currently, there is a growing movement towards open carry in Washington. In Washington, there was a tremendous amount of disinformation among law enforcement officers, gun store employees, and firearms instructors about RCW 9.41.270.
In December 2005, activists Lonnie Wilson and Jim March went to the state archives in Olympia to research the origins of the law. March, with his experience in researching gun control laws created out of racial discrimination and strife in California, surmised during a conversation between himself and Wilson that due to year it was passed, it was likely due to "Panther paranoia". March was proven correct.
The law, passed in 1969, was passed in response to incidents involving the Seattle Chapter of Black Panther Party at Rainier Beach High School and the Protest of the Mulford Act by the main organization in the California Assembly.
Due to the fact that Washington State Constitution has an individual right to keep and bear arms provision (Article 1, Section 24), the Washington Legislature revised the bill that was debated to remove the "within 500 feet of a public place" provisions and left the current statute as is. There were points of debate about whether this could be interpreted as an open carry ban, to which the sponsors of the bill replied that it was a ban against the type of intimidation that the Black Panther Party engaged in at Rainier Beach and the California Assembly, not an open carry ban.
Many law enforcement, a generation removed from the events and discussions of the Legislature when the law was created, and without much guidance interpreted the law passed as an open carry ban that is situational to someone making a 911 phone call. This interpretation spread to gun store employees and firearms instructors, who have a lot of personal interaction with law enforcement.
Using the information from the state archives, Wilson pursued the issuance of guidance and memorandums to individual officers by police administrators. After one of these bulletins was issued by one department, Wilson acquired the bulletin by a public records request, used the training bulletin as a template and approached most police departments throughout the state. To this day, over a dozen major departments, including the King County Sheriff's Department and the Seattle Police Department, has issued advisories and roll call training to their officers that peaceable open carry of a handgun in a holster is legal.
As a general rule, a person may legally open carry in Washington State in any place it is legal to possess a loaded handgun. To open carry in a vehicle (i.e., car, bus, etc...) a person must have a valid concealed pistol license. Some police agencies can be unfriendly towards open carry, so it is important that before a person exercises their right to bear arms in this fashion they acquaint themselves with relevant laws.
Prohibited areas for firearms are contained in RCW 9.41.300, RCW 9.41.280, and RCW 70.108.150. Per RCW 9.41.290, divisions of local government (city, county, town, or other municipality) cannot regulate carrying of firearms except for sports stadiums and convention centers operated by them. (Local jurisdictions are generally free to regulate the discharge of firearms within their boundaries.) Several localities (including transit agencies) who had wrongfully enforced preempted local ordinances and rules have been challenged by activists in the open carry movement (who are most directly affected by the enforcement of such ordinances) and have since backed down from enforcement and directed their police departments to no longer enforce the ordinances and rules.
Although Washington state is typically liberal on firearms issues, it is one of seven states that bans civilian ownership of fully automatic weapons. Washington may allow ownership of a firearm silencer, but using one is prohibited by RCW 9.41.250(3) which makes it a gross misdemeanor to "Use[s] any contrivance or device for suppressing the noise of any firearm."
Washington is a "Stand Your Ground" state, in which there is no duty to retreat in the face of what would be perceived by an ordinary person to be a threat to themselves or others by another person that is likely to cause serious injury or death.
It is a Class C felony for a non-citizen to possess a firearm in Washington without an Alien Firearm License. Washington is not currently issuing Alien Firearm Licenses.
Contact: Attorney General Rob McKenna
Phone: (360) 753-6200
Fax:
Email:
Web: http://www.atg.wa.gov/
- WI - State of Wisconsin Office of the Attorney General
-
State of Wisconsin Office of the Attorney General
Wisconsin Department of Justice
P.O. Box 7857
Madison, WI 53707-7857
The Wisconsin Department of Justice headquarters is located at:
Risser Justice Center
17 West Main Street
Madison, WI 53707
http://www.doj.state.wi.us/ag/
Wisconsin is one of the few remaining states where concealed carry by ordinary citizens is still illegal. Open-carry is legal except where prohibited by law (government buildings, schools, and places that sell liquor), but, in the words of one Wisconsin resident, "you will attract the attention of every police officer in the area."[61] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with Disorderly Conduct. Inside vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed and therefore illegal in a 1994 case. Bills to enact shall-issue were twice vetoed by Governor Jim Doyle in January 2004 and again in January 2005 after passing in both houses of the Wisconsin legislature. In 2005, the Assembly fell two votes short of overriding Doyle's veto.
Other laws:
- Possession of a firearm while intoxicated, shooting within 100 yards of a home without permission, pointing a weapon at anyone except in self-defense, and negligent handling of a weapon are all outlawed. Statute 941.20
- Carrying a concealed weapon is a class A misdemeanor, state statute 941.23. This is any "weapon", not just firearms. Knives are legally defined as "dangerous weapons".
- Going armed in any building owned/leased by the government is a class A misdemeanor, state statute 941.235.
- Carrying a handgun where alcohol is sold/consumed is generally a class A misdemeanor, state statute 941.237.
- Armor-piercing ammunition prohibited in handguns when committing a crime. Statute 941.296.
- "No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent. Statute 941.2965.
- Wisconsin has a state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute 66.0409. This doesn't affect zoning regulations, which is why only one Madison gun shop sold handguns. That shop, along with others as well as the only gun club in Middleton, have closed.
- Committing a crime while possessing a dangerous weapon is a penalty enhancer. Statute 939.63.
- It is a felony to possess a firearm if you are a:
Felon:
- Committed a felony as a juvenile
- Not guilty of a felony by reason of mental disease or defect
- Committed under mental health laws & ordered not to possess a firearm
- Are the subject of a domestic abuse or child abuse restraining order
- Are ordered not to possess firearms as a subject of a harassment restraining order
- Any person who knowingly provides a firearm to an ineligible person is party to a felony crime. Statute 941.29
Buying & Selling: There is a 48-hour waiting period on handgun transfers: Statute 175.35
Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies with Federal law and the laws of the contiguous state. Statute 175.30
State Parks & Wildlife Refuges: Statute 29.089 requires firearms to be unloaded and encased in state parks. There is an exception for hunting when the hunt is administratively approved. Statute 29.091 requires firearms to be encased and unloaded in wildlife refuges.
Class 3 Firearms: Machine guns are legal if you follow BATFE process, state statute 941.27
Short-barrel rifles and shotguns are legal if you follow BATFE process, state statute 941.28
Silencers are legal if you follow BATFE process, statute 941.298
Firearms & Minors: It is a class I felony to possess a firearm on school grounds or within 1000' of a school zone. Statute 948.605.
This statute does not apply to:
- private property not part of school grounds
- individuals licensed by the local government body to possess the firearm
- unloaded and encased firearms
- individuals with firearms for use in a school-approved program
- individuals with school contract to possess firearm
- law enforcement acting in official capacity
- unloaded firearms when traversing school grounds to gain access to hunting land, if the entry is approved by the school.
- It is a class G felony to discharge or attempt to discharge a firearm in a school zone. Limited exceptions for private property not part of school grounds, school programs, and law enforcement.
Leaving a firearm within reach of a child under 14 is generally a misdemeanor, if that child points it at anyone or shows it to anyone in a public place. Defenses include having the gun locked in a safe or container, or having a trigger lock on the gun, or removal of a key operating part, or illegal entry by anyone to obtain the firearm, or a reasonable belief a juvenile couldn't access the firearm. Statute 948.55
Firearms retailers are required to provide every buyer with a written warning stating, "If you leave a loaded firearm within the reach or easy access of a child you may be fined or imprisoned or both if the child improperly discharges, possesses or exhibits the firearm." Statute 175.37
Possession of a dangerous weapon by anyone under 18 is a class A misdemeanor. Giving/loaning/selling a dangerous weapon to someone under 18 is a class I felony. Statute 948.60. Defenses to prosecution under this statute:
Target practice under the supervision of an adult
Members of armed forces under 18 in the line of duty
For hunting purposes, the following exceptions to the age limit apply, as specified in statute 29.304 for weapons with barrels 12" or longer.
- under 12 may not hunt with a firearm or bow under any circumstances
- under 12 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under parental supervision while going to/from Hunter Safety class
- 12-13 may hunt when accompanied by an adult
- 12-13 may possess firearm when accompanied by an adult, or while transporting cased/unloaded firearm to/from Hunter Safety class, or in Hunter Safety class
- 14-15 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms without adult supervision.
- School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event. State law requires a minimum one-year expulsion for this offense. Statute 120.13(1)(bm) and 120.13(1)(c)2m. In addition, the student's driver license may be suspended for two years under Statute 938.34(14q). This suspension also applies to bomb threats and CCW violations in government buildings.
Firearms in vehicles: In this section, unloaded = "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31
Boats: Firearms must be unloaded and encased when the motor is running.
Aircraft: Firearms must be unloaded and encased.
Cars, trucks, motorcycles, ATV, snowmobiles: Firearms cannot be placed in or on a vehicle unless the firearms are unloaded and encased. However, it is legal to "lean an unloaded firearm against a vehicle". Statute 167.31(4)(d).
Exceptions: Law enforcement officers, military personnel on active duty, landowners & their family and employees on farm tractors inside CWD eradication zones, and disabled hunters with special permits meeting all the requirements.
Contact: Attorney General J.B. Van Hollen
Phone: 608-266-1221
Fax: 608-267-2779
Email:
Web: http://www.doj.state.wi.us/ag/
- WV - State of West Virginia Office of the Attorney General
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State of West Virginia Office of the Attorney General
Main Office Administration
State Capitol Complex,
Bldg. 1, Room E-26
Charleston, WV 25305
http://www.wvago.gov/
In West Virginia you are allowed to posses hand guns without any type of permit. You must pass a permit test and acquire a license to carry a concealed hand gun. West Virgina also allows for Open Carry. There are restrictions on the Open Carry and anyone needs to check their local county for the laws. West Virgina Law Page (Pro-Gun Site)
Contact: Attorney General Darrell McGraw
Phone: (304) 558-2021
Fax: (304) 558-0140
Email: consumer@wvago.gov
Web: http://www.wvago.gov/
- WY - State of Wyoming Office of the Attorney General
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State of Wyoming Office of the Attorney General
Attorney General's Office
123 Capitol Building
200 W. 24th Street
Cheyenne, WY 82002
http://attorneygeneral.state.wy.us/
Right-To-Carry Law Type: Shall Issue
Frequently Asked Questions:
What are the qualifications for obtaining a concealed firearm permit?
- Any Wyoming resident who has satisfied the requirements of W.S. § 6-8-104 (b) (c) and (g), may obtain a permit. Wyoming Concealed Firearm Permit Statute
How do I apply for a permit?
- Complete an application and submit it to the sheriff's office in the county of which you reside.
Where is my permit not valid for purposes of carrying a concealed firearm?
No permit issued pursuant to Wyoming law or any permit issued from any other state shall authorize any person to carry a concealed firearm into: Any facility used primarily for law enforcement operations or administration without the written consent of the chief administrator; Any detention facility, prison or jail; Any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the courtroom; Any meeting of a governmental entity; Any meeting of the legislature or a committee thereof; Any school, college or professional athletic event not related to firearms; Any portion of an establishment licensed to dispense alcoholic liquor and malt beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose; Any place where persons are assembled for public worship, without the written consent of the chief administrator of that place; Any elementary or secondary school facility; Any college or university facility without the written consent of the security service of the college or university; or Any place where the carrying of firearms is prohibited by federal law or regulation or state law or regulation.
Contact: Attorney General Bruce A. Salzburg
Phone: (307) 777-7841
Fax: (307) 777-6869
Email: agwebmaster@state.wy.us
Web: http://attorneygeneral.state.wy.us/