FBI Criminal Background Check and Gun Laws

PA School Background Check Challenged

Author — Tue, 21 Feb 2012 05:31:19 +0000

HARRISBURG, Pa. – A recently renewed Pennsylvania law is now being challenged by school employees who has had some past run-ins with the law, and specially those who has had a criminal records. The new law states that any current school and educational facility employees must submit any arrests or convictions of serious crimes in their past and any future arrest or pending convictions within three days.

Some of the affected employees are now fighting to keep their current employments in light of the recent law. Currently, there are at least four lawsuits filed challenging the State Department of Education’s new rules for school employees. The State Department of Education has directed school administrators to terminate employees coming in contact with children who have been convicted of any of the 28 listed offenses including kidnapping, homicide, and sexual assault among others. This applies to teachers, administrators, school staff as well as contractors.

Lawsuits filed in Allegheny, Dauphin, Delaware and York counties take issue with the department’s interpretation that anyone convicted of the listed offenses should be barred from employment in a public or private school. The school employees argue that the wording of the law suggests that it applies only to future employees.

The employees also argue that even if the courts decide that the law applies to current employees, it is unconstitutional, violating the due process rights of employees through its retroactive application and penalizing them for crimes for which they were already punished.

New Background Check Bill Passed for Safer Mentoring Programs

Author — Fri, 17 Feb 2012 20:28:57 +0000

Passed and written by Rep. Joseph M. McNamara (D-Dist. 19, Warwick, Cranston) and passed today, House bill (2012-H7077)will make national and state criminal background check a requirement for anybody participating or applying to join in any mentoring program that involves working with students and kids.

State law already requires background checks for individuals seeking employment with a private school or public school department, “and this legislation simply expands the scope of that law to include others who will have direct and regular contact with young people, in school settings or other mentoring situations,” said Representative McNamara, Chairman of the House Committee on Health, Education and Welfare.

“As programs such as these grow in school settings, adding this language to law is the safe and responsible thing to do” Rep. Joseph M. McNamara said.

The bill was introduced at the recommendation of the Rhode Island Mentoring Program, a non-profit organization that provides training and support for mentoring agencies in the state. The group operates the Feinstein Mentor Training Institute and one-on-one school-based mentoring programs in Warwick, Woonsocket and on Aquidneck Island.

Status
View latest bill text (Draft #1) [PDF]
February 15 2012 – House read and passed

Summary

An Act Relating To Education – School Committees And Superintendents (individuals Seeking To Participate In Any Mentoring Prog. Whereby The Individual Would Be Working With Student(s) In A Mentoring Situation Would Be Required To Undergo A Criminal Background Check Similar To Other Employees In A Public Or Private School.)

Flaws in FBI Background Check System Fail to Flag Purchases

Author — Sun, 04 Sep 2011 06:51:00 +0000

Like many states, Maine depends on the FBI to conduct background checks of people who want to acquire firearms from the state’s federally licensed gun dealers.

And like many states, Maine is a slacker in supplying the records that the FBI depends on to run those checks.

That’s how Raymond Geisel got his guns, including a Glock Model 17 pistol and a semi-automatic version of the AK-47 assault rifle. Geisel had previously been committed to a psychiatric hospital in Bangor, which made him ineligible under federal law to buy or possess a gun. But because state officials had not supplied records of his commitment to the FBI, Geisel passed background checks without being flagged.

Eventually, the law caught up with Geisel. He was arrested in Miami in August 2008 for making threats against Barack Obama, who was campaigning in south Florida around the same time. Another gun that Geisel had acquired in Maine was subsequently recovered by federal agents in his hotel room, along with a combat-style hatchet, armor-piercing ammo and canisters of tear gas.

The data gap that Geisel exploited should have been closed by now. Four years ago, after the massacre at Virginia Tech exposed gaps in the National Instant Criminal Background Check System (NICS), Congress and the Bush administration took decisive action to shore up the joint state-federal operation, which is supposed to keep guns away from the deranged and the dangerous.

Original Source – iWatch News

Potential New Gunman Reported at Virginia Tech

Author — Thu, 04 Aug 2011 15:11:46 +0000

Update 10:31 a.m. – August 4, 2011

Virginia Tech is in lockdown as authorities look for a man three youths said may have had a weapon, possibly a handgun.

The white male was described as having light brown hair and being 6 feet tall and was walking in the direction of a volleyball court. The man was wearing a blue and white striped shirt, gray shorts and brown sandals. He had no glasses or facial hair, according to the report.

Update 10:18 a.m. – August 4, 2011

Virginia Tech, the site of a 2007 massacre, has issued an alert saying someone is possibly carrying a weapon on campus.

Regular classes aren’t in session at the moment, but there is summer school. The university in Blacksburg, Virginia, is asking people on campus to stay inside and secure doors. The person was spotted near Dietrick Dining Hall.

In April 2007, Cho Seung-Hui, 23, shot dead 32 people on campus before killing himself.

If you are on campus, and have spotted someone with the above description, please do not approach and report immediately to authorities.

Original Source – CNN News

Arizona Suspected Gunman Passed FBI Criminal Background Check

Author — Tue, 05 Jul 2011 01:07:00 +0000

Representative Gabrielle Giffords, an Arizona Democrat, and at least 17 others were shot on January 8, 2011, Saturday morning when a gunman opened fire outside a supermarket where Ms. Giffords was meeting with constituents.

Ms. Giffords, 40, whom the authorities called the target of the attack, was in critical condition Sunday morning at the University Medical Center in Tucson, where she was operated on by a team of neurosurgeons on Saturday.

Six of the victims died, among them John M. Roll, the chief judge for the United States District Court for Arizona, and a 9-year-old girl, the Pima County sheriff, Clarence W. Dupnik, said.

The suspect in Saturday’s deadly rampage purchased a firearm legally after passing an FBI background check. Jared Lee Loughner, a 22-year-old man with a troubled past who law enforcement say may have been influenced by American Renaissance, a pro-white publication, bought the gun from Sportsman’s Warehouse’s Tucson store in November.

Mr. Loughner had exhibited increasingly strange behavior in recent months, including ominous Internet postings – at least one showing a gun – and a series of videos in which he made disjointed statements on topics like the gold standard and mind control.

Pima Community College said he had been suspended for conduct violations and withdrew in October after five instances of classroom or library disruptions that involved the campus police.

Loughner, accused of killing six people, shooting Arizona Democratic Rep. Gabrielle Giffords and wounding 13 others, did not present a concealed weapons permit so he was required to pass an FBI background check. He did so “immediately and without incident,” said Matt French, speaking from the Sportsman’s Warehouse’s Utah headquarters.

“To my knowledge, the firearm purchase was without incident,” French said.
French could not confirm whether the gun purchased in November was the same gun allegedly used in Saturday’s mass shooting, for which Loughner so far has been charged with five counts of murder and attempted murder. However, he said it was the only recent firearm purchase made by the suspect at their stores.

President Obama, speaking at the White House, confirmed that a suspect was in custody and said that the director of the Federal Bureau of Investigation, Robert S. Mueller III, was on his way to Arizona to oversee the investigation.

Original Source – Fox News

Osama Bin Laden is Dead, President Obama Announces

Author — Tue, 03 May 2011 00:24:37 +0000

Osama Bin Laden is dead, President Obama announced Sunday night, in a televised address to the nation. His death was the result of a U.S. operation launched today in Abbottabad, Pakistan, against a compound where bin Laden was believed to be hiding, according to U.S. intelligence. After a firefight, a small team of American forces killed bin Laden and took possession of his body, the president said.

“Tonight I can report to the American people and the world that the United States has conducted an operation that killed Osama bin Laden,” Obama said during brief remarks at the White House.

“Justice has been done,” he said, in comments that marked a formal end of the manhunt for the most visible and emotionally-charged symbol of the terrorist attacks of Sept. 11, 2001.

The president said U.S. intelligence operatives received a tip in August on bin Laden’s whereabouts, which ultimately led to Sunday’s attack. Obama said he determined last week that the U.S. had enough reliable information to take action; by Sunday morning, he had authorized “a small team of Americans” to conduct an operation targeting bin Laden.

“After a fire fight, they killed Osama bin Laden and took custody of his body,” the president said. “No Americans were harmed. They took care to avoid civilian casualties.”

Obama said the 9/11 attacks that bin Laden and his lieutenants orchestrated nearly 10 years ago remain “the worst attack on the American people in our history” and said the images of the crumbling Twin Towers “are seared into our national memory.”

The president emphasized that Americans “did not choose this fight” against al Qaeda, but rather, “it came to our shores.” He praised U.S. military and intelligence professionals for working “tirelessly to achieve this outcome.” To the families of 9/11 victims, he noted that the U.S. has “never forgotten your loss.”

“Tonight, let us think back to the sense of unity that prevailed on 9/11,” Obama said. “I know that it has, at times, frayed. Yet today’s achievement is a testament to the greatness of our country and the determination of the American people.”

Both Bill Clinton and George W. Bush had targeted bin Laden during their presidencies, and both had failed to either capture him or kill him. The failure to snare bin Laden weighed most heavily, perhaps, on the Bush Administration, which occupied the White House during the 9/11 attacks, and the al Qaeda leader’s killing falls exactly eight years to the day when Bush famously declared “Mission Accomplished” in Iraq.

Bush said in a statement that Obama called him Sunday night to inform him of “the momentous achievement” of bin Laden’s death.

“I congratulated him and the men and women of our military and intelligence communities who devoted their lives to this mission. They have our everlasting gratitude,” Bush said. “The fight against terror goes on, but tonight America has sent an unmistakable message: No matter how long it takes, justice will be done.”

Original Source – Huffington Post

Arizona Governor Vetoes Birther and College Campus Gun Bill

Author — Tue, 19 Apr 2011 16:19:25 +0000

PHOENIX (Reuters) – Arizona’s Republican Governor Jan Brewer on Monday vetoed two controversial bills, one mandating proof of U.S. citizenship to run for president, the other allowing guns on college campuses, in a clear setback for conservatives who control the state legislature.

Brewer, who grabbed headlines a year ago when she signed a get-tough state law cracking down on illegal immigrants, vetoed the bills in an announcement late on Monday.

The so-called “birther bill,” would have made Arizona the first state in the nation to require presidential candidates prove U.S. citizenship by providing a long form birth certificate, and other forms of proof including baptismal or circumcision certificates, to be placed on the state ballot.

“I never imagined being presented with a bill that could require candidates for president of the greatest and most powerful nation on earth to submit their ‘early baptism or circumcision certificates’ … This is a bridge too far,” she said..

A former Arizona secretary of state, Brewer said she did not support designating one person as “gatekeeper to the ballot for a candidate,” as it “could lead to arbitrary or politically motivated decisions.”

The Republican-controlled state legislature passed the measure at a time when some foes of President Barack Obama, a Democrat question whether he is a native-born U.S. citizen. Real estate mogul and television reality show host Donald Trump is among those questioning Obama’s birth in Hawaii.

Brewer also vetoed a bill that would have made Arizona the second state in the nation to allow an individual to carry a firearm — either concealed or not — in the public rights of way on higher education campuses, because it was “so poorly written.”

Brewer said shortcomings in the bill included a failure to define “public rights of way” and the inclusion of state schools, where firearms are prohibited by federal and state laws.

Neighboring Utah allows firearms inside campus buildings.

Original Source – Reuters/Yahoo News

President Obama Calling for Better Gun Sale Background Checks

Author — Mon, 14 Mar 2011 16:55:53 +0000

The Second Amendment and court precedent guarantee an individual’s right to bear arms, but improved and expanded background checks are needed to prevent gun violence like the shocking attack in Tucson in January, President Obama wrote in an op-ed Sunday.

Writing in the Arizona Daily Star more than two months after the shooting of Rep.Gabrielle Giffords and 18 others, six of whom died, Obama said he’s “willing to bet” that responsible gun owners would support laws to “keep an irresponsible, law-breaking few — dangerous criminals and fugitives, for example — from getting their hands on” guns.

“Most gun owners know that the word ‘commonsense’ isn’t a code word for ‘confiscation,” he wrote.

“I’m willing to bet they don’t think that using a gun and using common sense are incompatible ideas — that we should check someone’s criminal record before he can check out at a gun seller; that an unbalanced man shouldn’t be able to buy a gun so easily; that there’s room for us to have reasonable laws that uphold liberty, ensure citizen safety and are fully compatible with a robust Second Amendment,” the president wrote.

Obama wrote in Sunday’s op-ed that his administration has not curbed gun rights but, in fact, has expanded them, by letting people carry guns in national parks and wildlife refuges.

But, he said, with more than 27,000 deaths from guns each year — a number down from its height of more than 39,000 in 1993, more needs to be done to prevent assailants like Tucson suspect Jared Loughner from getting a hold of weapons.

“A man our Army rejected as unfit for service; a man one of our colleges deemed too unstable for studies; a man apparently bent on violence, was able to walk into a store and buy a gun,” he lamented.

The president went on that “almost all gun owners in America are highly responsible … and that’s something that gun-safety advocates need to accept.”

“Likewise,” he added, “advocates for gun owners should accept the awful reality that gun violence affects Americans everywhere, whether on the streets of Chicago or at a supermarket in Tucson.

Obama suggested three areas for reform: enforcement of gun control laws already on the books through better implementation of the National Instant Criminal Background Check System; rewards for states that keep the best data — “and therefore do the most to protect our citizens”; and a faster and nimbler network that provides “an instant, accurate, comprehensive and consistent system for background checks to sellers who want to do the right thing.”

And while the president acknowledged that some gun owners will never support his call, he argued that weak background checks are bad for police officers, law-abiding citizens and gun sellers.

“If we’re serious about keeping guns away from someone who’s made up his mind to kill, then we can’t allow a situation where a responsible seller denies him a weapon at one store, but he effortlessly buys the same gun someplace else,” he wrote, in reference to the “gun show loophole” that gun control advocates say enables people to avoid background checks.

Original Source – Fox News

American Love of Firearms Continues as Gun Sales Continue to Climb

Author — Mon, 21 Feb 2011 22:20:32 +0000

NEWTOWN, Conn –(Ammoland.com)- The January 2011 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 784,856 is an increase of 9.7 percent over the NSSF-adjusted NICS figure of 715,309 in January 2010.

For comparison, the unadjusted January 2011 NICS figure of 1,312,544 is an increase of 18 percent over the unadjusted NICS figure of 1,112,312 in January 2010.

The adjusted NICS data was derived by NSSF by subtracting out NICS purpose code permit checks used by several states such as Kentucky and Utah for CCW permit application checks as well as checks on active CCW permit databases.

While not a direct correlation to firearms sales, the NSSF-adjusted NICS data provides a more accurate picture of current market conditions. Questions concerning NSSF-adjusted NICS data should be directed to NSSF research at 203-426-1320.

In addition to other purposes, NICS is used to check transactions of firearms sales and transfers on new and used handguns and long guns. Click here for additional information on NICS or to view a complete set of the current monthly NICS reports. NSSF members may access historical monthly NICS reports in the members log-in section of nssf.org.

Original Source – AmmoLand.com

Gun Background Check Denial Appeal Process

Author — Mon, 29 Nov 2010 14:55:46 +0000

Filing an Gun Background Check Denial Appeal:

If you believe you have been erroneously denied a firearm transfer based on a match to a record returned by the National Instant Criminal Background Check System (NICS), you may request an appeal of your deny decision. The provisions for appeals are outlined in the NICS Regulations at Title 28, Code of Federal Regulations, Part 25.10, and Subsection 103 (f) and (g) and Section 104 of the Brady Handgun Violence Prevention Act of 1993.

Requesting an Appeal

You may request the reason for your denial by writing to:

Federal Bureau of Investigation
Criminal Justice Information Services Division
NICS Section
Appeal Services Team, Module A-1
Post Office Box 4278
Clarksburg, WV 26302-4278

You must include the required information (listed below) along with your appeal request:

1. FULL NAME
2. COMPLETE MAILING ADDRESS
3. NICS TRANSACTION NUMBER (NTN) or STATE TRANSACTION NUMBER (STN)

You may also request the reason for your denial through the NICS Section’s Appeal website or via the NICS Section’s Appeal facsimile listed on the back of this brochure.

Failure to submit all required appeal information may result in the rejection of your appeal request.

An Official FBI Fingerprint Card is included. The submission of your (rolled or a hard copy of your electronically scanned) fingerprints may help accelerate the appeal process. NOTE: Appeal Fingerprint Cards are not accepted via facsimile.

The NICS Section’s Appeal Services Team (AST) will respond to your initial appeal request by providing you with the general reason for denial within five business days.

Appealing your Denial

The following information outlines the steps you must take to either challenge your record or make a claim the record used as the basis for your denial does not pertain to you.

Questions of Identity

In cases involving criminal history records, if fingerprints are not submitted along with your initial appeal request, you may subsequently be required to submit your fingerprints to establish positive proof of your identity. If your fingerprints are required by the NICS Section and you wish to further the appeal process, you must have your fingerprint impressions rolled or electronically scanned by law enforcement or another authorized fingerprinting agency. The agency preparing your fingerprints must provide an agency name, address, telephone number, and an Originating Agency Identification number (as assigned by the FBI) and the legible signature of the person who rolled your fingerprints on the fingerprint card. The reason fingerprinted should be marked “For NICS Purposes.” The omission of any required information (as listed above) may result in a rejection of your fingerprint card.

NOTE: Specific appeal information can only be provided to you once positive proof of identity has been established via the submission of your fingerprints.

Record Challenges

You may challenge the accuracy of the record used in the evaluation of your denial or declare your rights to obtain a firearm have been restored, etc. If you have additional information (e.g., court documentation) to assist the AST in correcting or updating the record, you should include the information with your written correspondence.

If the AST is unable to resolve your appeal, you will be provided referral information to contact the agency maintaining the record. For correction of the record, you must follow procedures established by the state or federal agency maintaining the original record. You may submit any information to the originating agency to assist with the correction or update of your record. (This may also help accelerate the appeal process for you.) If the originating agency corrects your record, the AST must be notified and provided documentation indicating such. The AST will evaluate and verify the information and provide you with a decision on your appeal in writing.

Appeal Inquiry

All appeal inquiries must be directed to the AST in writing. Due to the Privacy Act of 1974, specific information cannot be disseminated to you via the telephone.

Successful Appeal

If your appeal is successful, you will be notified by the AST, via U.S. mail, your denial has been overturned and you currently have no firearm prohibitions. You will be issued documentation which must be presented to the Federal Firearms Licensee who initiated your background check.

Source: FBI Appeals Brochure

United States Background Check and Gun Laws by State

Author — Sun, 07 Mar 2010 06:59:00 +0000

United States Background Check and Gun Laws by State. Gun laws for possession, carrying, acquiring, buying, selling, and distributing will vary from state to state, some may be broader or more limited to existing Federal Gun Laws. Firearm Licensees are subject to the Gun Laws of the state where they are in rather than the state where the firearm permit was issued.

Federal Gun Laws still apply throughout all the states, except for states that have laws which limit a certain laws capacity or reach. State and local police departments are not legally obligated to enforce federal law, but this does not exempt one from arrest from an entity with Jurisdiction. A responsible gun owner should know the existing state laws if he/she wishes to travel with his/her firearm.

Here are the existing regulations, restrictions, background check, and gun laws in the United States:

Does not include US Territories outside the mainland except Hawaii

(American Samoa, Guam, Northern Marianas Islands, etc.)

Wyoming Background Check and Gun Laws

Author — Sat, 06 Mar 2010 06:23:00 +0000

According to the Office of the Attorney General of Wyoming, Wyoming state law (W.S. § 6-8-104) provides for the issuance of concealed firearm permits. Wyoming also recognizes concealed firearms permits from the following list of other U.S. states (subject to frequent review and revision): Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Utah.

Click here to go back to Gun Laws by State

Wisconsin Background Check and Gun Laws

Author — Sat, 06 Mar 2010 06:15:00 +0000

Wisconsin is one of two states that completely prohibit concealed carry by private citizens. Open carry is legal except where prohibited by law (vehicles, government buildings, schools, establishments that sell liquor for consumption on the premises, state parks, and 1000' from the edge of school property unless on private property)." Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin attorney general's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice. 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. In 2006, Governor Jim Doyle stated "you want to carry a gun in Wisconsin, wear it on your hip."

Other laws

Possession of a firearm while intoxicated, shooting within 100 yards (91 m) 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:

Have been convicted of a felony
Committed a felony as a juvenile
Have been found not guilty of a felony by reason of mental disease or defect
Have been committed under mental health laws and 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 and selling

There is a 48-hour waiting period on handgun purchases from an FFL dealer (does not apply to private sales): 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 and 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 state 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 and 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 10 may not hunt with a firearm or bow under any circumstances
under 10 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under adult supervision while going to/from Hunter Safety class, or while under adult supervision while at a target range.
anyone age 10 or over may hunt when accompanied by an adult (within arms reach, both must be licensed, only one firearm/bow between the adult and mentor (no hunter safety course requirement for the mentored hunter).
12-13 may hunt when accompanied by an adult and 12-13 has successfully completed a Hunter Safety class.
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
14-17 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms (rifles/shotguns) without adult supervision.

School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event (except if the student is participating in a Hunter Safety Education class). 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.

School zones

Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony. ** unless on private property ** “School” means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school. “School zone” means any of the following: 1. In or on the grounds of a school. 2. Within 1,000 feet from the grounds of a school.

Firearms in vehicles

When openly carrying (the only legal method in Wisconsin) a firearm must be unloaded, cased, and put out of reach when in a vehicle. In this section, unloaded means "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm" and encased means "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" although it is not safe. Statute 167.31(4)(d).

Exceptions: Law enforcement officers, military personnel on active duty, landowners and their family and employees on farm tractors inside CWD eradication zones, and disabled hunters with special permits meeting all the requirements.

Click here to go back to Gun Laws by State

West Virginia Background Check and Gun Laws

Author — Sat, 06 Mar 2010 06:10:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State permit to purchase?	No	No	None
Firearm registration?	No	No	None
"Assault weapon" law?	No	No	None
Owner license required?	No	No	None
Carry permits issued?	No	Yes	§§ 61-7-3, 4, 5, 6	Concealed carry of pistols and revolvers allowed with permit; no permit required for concealed carry of pistols and revolvers in home or place of work.
State preemption of local restrictions?	Yes	Yes	§ 7-1-3	Some local restrictions are grandfathered.
NFA weapons restricted?	No	No	None
Peaceable journey laws?	No	No	None	Federal rules observed.

In West Virginia permits aren't required to possess handguns. A permit test must be passed and a license acquired to carry a concealed handgun. West Virginia also allows open carry. State are preemptive, but there still remain grandfathered restrictions on open carry in some localities, such as Charleston and Dunbar. The SB 716 is a proposed senate bill which would amend the law to remove those restrictions.

West Virginia enacted the castle doctrine on April 10, 2008.

Click here to go back to Gun Laws by State

Washington Background Check and Gun Laws

Author — Sat, 06 Mar 2010 06:03:00 +0000

Washington is one of the original "shall issue" states. The county sheriff or city police chief shall issue a concealed pistol license to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants. 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 Gray Peterson 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 with Peterson, that due to the 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.

Since the Washington State Constitution contains 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 [152 m] 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 personnel, 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, Peterson pursued the issuance of guidance and memorandums to individual officers by police administrators. After one of these bulletins was issued by one department, Peterson 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, have 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.

There are multiple exceptions to laws restricting firearms on school grounds such as:

Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student.
Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school.

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 (state preemption of firearm laws), divisions of local government (city, county, town, or other municipality) cannot regulate firearms more restrictively than the state does. Exceptions to state preemption — that is, areas in which local governments are allowed to regulate firearms — are contained in RCW 9.41.300. These exceptions include:

"Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others."
"Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, except that such restrictions shall not apply to [concealed pistol license holders, law enforcement officers, or any] showing, demonstration, or lecture involving the exhibition of firearms."
"Restricting the areas in their respective jurisdictions in which firearms may be sold."

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 no longer to enforce the ordinances and rules.

Washington allows ownership of a firearm silencer, but using one is prohibited by RCW 9.41.250(1c) which makes it a gross misdemeanor to "Use 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-resident alien to possess a firearm in Washington without an Alien Firearm License (Permanent Residents can legally possess firearms without a license as stated in RCW 9.41.171). Washington had stopped issuing Alien Firearm Licenses due to a problem obtaining background checks, but a court ordered the Washington State Department of Licensing to resuming issuing the licenses after a lawsuit was filed by the National Rifle Association and Second Amendment Foundation on Second Amendment grounds.

It is a gross misdemeanor to aim a firearm "whether loaded or not, at or towards any human being".

Washington State accepts concealed-weapons permits from the following states: Florida, Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma & Utah.

Washington State law also carves exemptions into state law regarding Concealed Pistol Licenses. Perhaps the most interesting is RCW 9.41.060, section 8: "Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;". This little known law essentially allows vehicle and concealed carry WITHOUT a CPL as normally required in 9.41.050 as long as you meet the provisions of that section.

It is a violation of state law to buy, sell or own a machine gun in Washington state.

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Virginia Background Check and Gun Laws

Author — Sat, 06 Mar 2010 05:52:00 +0000

The right to keep and bear arms is protected by the Constitution of Virginia.

State Preemption

There is State preemption of local firearm laws.

Localities may regulate:

The discharge of firearms.
The transportation of a loaded rifle or shotgun.
Fingerprinting for concealed handgun permits, though fingerprints may not be kept and must be destroyed or returned to the applicant following the background check.
The governing body of any county may require sellers of pistols and revolvers to furnish the clerk of the circuit court of the county, within ten days after sale of any such weapon, with the name and address of the purchaser, the date of purchase, and the number, make and caliber of the weapon sold.
The use of pneumatic guns.

Legality of certain firearms

Striker 12 Shotguns, aka "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells is illegal in the state of Virginia.
National Firearms Act weapons are allowed under Virginia state law but machine guns must be registered with the Virginia State Police.

Prohibited Places

Firearms are prohibited from the following places:

Places of religious worship, without good and sufficient reason.
Any courthouse.
An air carrier airport terminal.
Loaded firearms that hold more than 20 rounds, or a shotgun that holds more than 7 shells, on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William. Holders of Concealed Handgun Permit(CHP)are exempt from this law.
The property of any public, private or religious elementary, middle or high school, including buildings and grounds; that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or any school bus owned or operated by any such school. Although a person with a Concealed Handgun Permit is allowed to have their weapon with them on school property so long as they remain inside a vehicle. Should they exit the vehicle, the firearm must remain inside the vehicle while on school property.
Concealed handguns are prohibited from any restaurant or club that is licensed to sell alcohol for on-premises consumption.Openly carried handguns are permitted in such places.
State parks; except that concealed handguns may be carried by those who have a valid permit.
Private property where prohibited by the owner.

Purchasing of firearms

A person may not sell or otherwise furnish firearms to any person he knows is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1:1, 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7.
Dealers must perform a criminal background check.
Non-residents may purchase long guns and handguns, but a handgun purchase requires a report from the Department of State Police.
One handgun per 30-day period.
- Except:
  - Upon completion of an enhanced background check
  - A law enforcement agency
  - An agency duly authorized to perform law-enforcement duties
  - State and local correctional facilities
  - A private security company licensed to do business within the Commonwealth
  - The purchase of antique firearms
  - A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately
  - A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day
  - A person who holds a valid Virginia permit to carry a concealed handgun
  - A person who purchases a handgun in a private sale for the enhancement of a personal collection of curios or relics or who sells all or part of such collection of curios and relics.
  - A law-enforcement officer
  - The exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement

Open Carry (OC)

Legal when the firearm is not hidden from common observation.
No permit is required to openly carry a firearm.
The minimum age to open carry (OC) is 18.
It is legal to openly carry in a vehicle.
Since concealed carry is prohibited in restaurants and clubs that serve alcohol, it is common for someone carrying a concealed firearm to comply with the law by tucking their shirt behind the butt of their handgun just before entering the premises. This is known as the Virginia Tuck.

Concealed Carry

Concealed firearms: Virginia shall issue a Concealed Handgun Permit (CHP) to any qualified person, 21 years of age or older who applies in writing to the clerk of the circuit court of the county or city in which he resides. Virginia also issues non-resident permits to qualifying individuals. The permit may cost no more than $50 for residents, and $100 for non-residents. The permit is valid for five years, but can be revoked for unlawful activities. The CHP does not permit the carrying of any concealed weapons enumerated in § 18.2-308 except a handgun. A CHP holder may not carry a concealed weapon into a restaurant or club licensed to serve alcohol for on-premises consumption. A CHP holder, while carrying a concealed handgun, may not be under the influence of alcohol or illegal drugs. A conviction of driving while intoxicated [§ 18.2-266] or public intoxication [§ 18.2-388] are examples of prima facie evidence that the person is "under the influence." Virginia maintains concealed handgun permit reciprocity with other States and recognizes some licenses from other States without a formal reciprocity agreement. The list of such states is maintained by the Virginia State Police.

The following persons are prohibited from applying for a concealed handgun permit:

Any prohibited person enumerated above.
An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor.
An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.
An individual who has been convicted of stalking.
An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

Virginia Concealed Handgun Permit (CHP) holder exemptions

May purchase more than one handgun per 30-day period.
May carry a semi-automatic center-fire rifle or pistol loaded with 20 rounds or more in certain, prohibited, public areas.
Gun Free School Zone Act: CHP holders may carry guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed
May carry firearms in the VA General Assembly.
May carry concealed handguns in State parks.

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Vermont Background Check and Gun Laws

Author — Sat, 06 Mar 2010 05:46:00 +0000

Vermont has very few gun control laws. Gun dealers are required to keep a record of all handgun sales. It is illegal to carry a gun on school property or in a courthouse. State law preempts local governments from regulating the possession, ownership, transfer, carrying, registration or licensing of firearms.

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.

The Vermont constitution of 1793, based partly on the U.S. Constitution and Bill of Rights, guarantees certain freedoms and rights to the citizens: "That the people have a right to bear arms for the defence of themselves and the State — and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power."

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Utah Background Check and Gun Laws

Author — Sat, 06 Mar 2010 05:29:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None	Utah charges a $7.50 fee for an instant background check. This fee is waived for persons with a Utah issued Concealed Firearm Permit.
Firearm registration?	No	No	None
"Assault weapon" law?	No	No	None
Owner license required?	No	No	None
Carry permits issued?	Yes	Yes	53-5-704	Division duties—Permit to carry concealed firearm. The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless during the 60-day period the division finds proof that the applicant is not of good character.
State Preemption of local restrictions?	Yes	Yes	53-5-102	Uniform firearm laws. "… All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.
NFA weapons restricted?	No	No	76-10-505.5	The only mention of NFA weapons in Utah law is possession of a sawed-off shotgun on school premises. The penalty is the same as a normal firearm, and there is no exemption for concealed firearm permit holders.
Peaceable Journey laws?	Yes	Yes	76-10-523	Persons exempt from weapons laws. (g) a nonresident traveling in or through the state, provided that any firearm is: unloaded; and securely encased as defined in Section 76-10-501. Handguns may be loaded in any vehicle under the person's control.
Castle Doctrine?	Yes	Yes	76-2-402	Force in defense of person—Forcible felony defined. A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.

Utah allows for open carry of unloaded firearms without a concealed firearm permit. "Unloaded" as it applies here, means that there is no round in the firing position, and the firearm is at least two "mechanical actions" from firing. As carrying the firearm with the chamber empty, but with a full magazine, meets this definition (the handler must chamber a round, and then pull the trigger), this is a common work around for Utah residents who do not wish to acquire a permit. Without the permit, the firearm must be clearly visible. Utah requires a permit to carry a concealed firearm. With a permit, a person may carry a firearm with a loaded chamber either openly or concealed. Utah will honor a permit issued by any state or county.

Utah law allows for a "Non-Resident" Concealed Firearm Permits to be issued. The Utah Concealed Firearm Permit is valid in thirty-four states across the US. However there are several states that have passed statutes that do not honor a "Non-Resident" permit. For example, Colorado will honor Utah's permit, but the permitee must be a resident of Utah for his permit to be valid. Utah concealed firearm permits are "shall issue" and will be issued to anyone meeting the requirements.

Utah law recognizes a permit to carry a concealed firearm issued by any state or county.

Utah is a "Stand Your Ground" state, in which there is no duty to retreat before use of deadly force, the person reasonably believes that a perpetrator is going to commit a forcible felony in the habitation, and that the force is necessary to prevent the commission of the felony.

In Utah a person may carry firearms in many places not allowed by other states, including (but not limited to): banks, bars, and state parks. With a valid Utah concealed firearm permit you may also carry in schools (K-12 and public colleges). Utah's Uniform Firearm Laws expressly prohibits public schools from enacting or enforcing any rule pertaining to firearms. Accordingly, Utah is the only state in the Union that requires public schools to allow lawful firearms possession.

Utah weapon laws can be found at the Utah State Legislature home page.

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Texas Background Check and Gun Laws

Author — Fri, 05 Mar 2010 06:45:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None
Firearm registration?	No	No	None
"Assault weapon" law?	No	No	None
Owner license required?	No	No	None
Carry permits issued?	No	Yes	GC Ch. 411 Subch H, PC 46.15	Concealed carry of a handgun requires a "shall-issue" permit. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is not specifically prohibited as PC 46.02 (unlawful carry of weapons) only mentions handguns, however it may be construed as "Disorderly Conduct".
State Preemption of local restrictions?	Yes	Yes	Const. 1.23, PC 1.08	"… the Legislature shall have the power, by law, to regulate the wearing of arms, with a view to prevent crime." In addition (PC 1.08), no lower level of government may pass a law that penalizes any conduct which is specifically covered by the State statutes.
NFA weapons restricted?	No	No	PC 46.01(9), PC 46.05	State law prohibits ownership outside of NFA compliance, calling possession while in compliance "a defense to prosecution."
Peaceable Journey laws?	Yes	Yes	PC 46.02, PC 46.15	A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control.
Castle Doctrine?	Yes	Yes	PC 9.32	A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling. There is no duty to retreat from any place where the shooter has a legal right to be.

Texas has no laws regarding possession of "long-barreled firearms" or "long guns" (shotguns, rifles and similar) by persons 18 years or older without felony convictions; 21 years or older for handguns. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden (preempted) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime". Penal Code Section 1.08 also prohibits local jurisdictions from enacting or enforcing any law that conflicts with State statute. Local ordinances restricting discharge of a firearm are generally allowed as State law has little or no specification thereof.

There is no legal statute specifically prohibiting the open (unconcealed) carry of a long-barreled firearm, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). Concealed carry of a long gun is generally prohibited. Open carry of a handgun in public is generally illegal in Texas; exceptions include when the carrier is on property he/she owns or has lawful control over, while legally hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.

The concealed handgun law sets out the eligibility criteria that must be met. For example, an applicant must be qualified to purchase a handgun under the state and federal laws. Additionally, a number of factors may make a person ineligible (temporarily or permanently) to obtain a license, including: felony convictions (permanent) and Class A or B misdemeanors (5 years, permanent in cases of domestic violence), including charges that resulted in probation or deferred adjudication; pending criminal charges (indefinite until resolved); chemical or alcohol dependency (defined as 2 convictions for substance-related offenses; 10-year ban from the date of the first conviction); certain types of psychological diagnoses (indefinite until the condition is testified by a medical professional as being in remission); protective or restraining orders (indefinite until rescinded); or defaults on taxes, governmental fees, student loans or child support (indefinite until resolved). This last category, though having little to do with a person's ability to own a firearm, is in keeping with Texas policy for any licensing; those who are delinquent or in default on State-regulated debts are generally barred from obtaining or renewing any State-issued license (including driver licenses), as an incentive to settle those debts.

A person wishing to obtain a CHL must also take a State-set instruction course covering topics such as applicable laws, conflict resolution, criminal/civil liability, and handgun safety, and pass a practical qualification at a firing range with a weapon of the type they wish to use (revolver or semi-automatic) and of a caliber greater than .32". They may then apply, providing a picture, fingerprints and other documentation, to the DPS, which processes the application, runs a federal background check, and if all is well, issues the permit.

On March 27, 2007, Governor Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007. Residents lawfully occupying a dwelling may shoot a person who "unlawfully, and with force, enters or attempts to enter the dwelling", or who removes or attempts to remove someone from that dwelling, or who commits or attempts to commit a "qualifying" felony such as burglary, arson, rape, aggravated assault, robbery or murder. In addition, a shooter who has a legal right to be wherever he/she is at the time of a defensive shooting has no "duty to retreat" before being justified in shooting; the "trier of fact" may not consider whether the person retreated when deciding whether the person was justified in shooting.

Gov. Perry also signed H.B. 1815, a bill that allows any Texas resident to carry a concealed handgun in the resident's motor vehicle without a CHL or other permit. Chapter 46, Section 2 of the Penal Code states that it is in fact not "Unlawful Carry of a Weapon" for a person to carry a weapon while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; and (3) the carrier cannot be a member of a criminal gang.

Possession of automatic firearms, short-barreled shotguns or rifles, or silencers is permitted, if the weapons have been federally registered in accordance with the National Firearms Act.

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Tennessee Background Check and Gun Laws

Author — Fri, 05 Mar 2010 05:15:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None	No
Firearm registration?	No	No	None	No
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Carry permits issued?	No*	Yes	T.C.A. 39-17-1351	Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry is generally illegal. Those with a HCP may have loaded longs in a private vehicle so long as there is not a round in the chamber T.C.A. 39-17-1307(e) There are also other exceptions (like for hunting) listed in 39-17-1307
State Preemption of local restrictions?	No	No	T.C.A. 39-17-1314	Tennessee is an anomalous State. The Legislature made a loop hole for cities and municipalities with laws in effect prior to April 8, 1986. The local ordinances in effect before April 8, 1986 pre-empt State law see TCA 39-17-1314(a). Local governments may post signs per T.C.A. 39-17-1359 to prohibit carry on government property, just like private property owners.
NFA weapons restricted?	No	No	None	On July 1, 2003 public chapter 275 is in effect. It requires the CLEO, chief law enforcement officer, to sign NFA paperwork in 15 days if the applicant is not prohibited from possessing firearms. see TCA 39-17-1361 .
Peaceable Journey laws?	No	No	None	Federal rules observed.
Self-Defense Law	-	-	T.C.A. 39-11-611	There is not duty to retreat before using deadly force, as long as you are acting lawfully and are in a place you have a right to be in. It is presumed you had a reasonable fear of imminet death or serious bodily injury if someone unlawfully and forcibly enters a residence, business, dwelling or vehicle.

Places off-limits even with a Handgun Carry Permit

Location	Relevant Statutes	Notes/Exceptions
Places open to the public that serve alcohol for onsite consumption	T.C.A. 39-17-1305	This law was declared unconstitutional in November 2009. It is illegal to carry a handgun into a restaurant that serves alcohol for consumption on premisis.
Any room where a judicial proceeding is taking place	T.C.A. 39-17-1306	If a proceeding is not taking place in a courtroom, then carry would be legal. If a judicial proceeding is taking place in any room, say a hospital room, then carry would be illegal
Schools	T.C.A. 39-17-1309	Carry is legal (affirmative defense) if you are entering the property solely to pick up or drop off passengers and you do not remove, utilize or allow to be removed or utilized the weapon from the vehicle. T.C.A. 39-17-1310(4)
Somelocal Public Parks	T.C.A. 39-17-1311	If you have a HCP carry in State and local parks is legal by default. However Local governments per 39-17-1311(d) may vote to make carry illegal in the parks under their control. If a local park is being used for a school activity, then it is off-limts per 39-17-1309 during the activity. Metro Nashville parks are off limits, but are not posted. See TN AG Opinions 09-129 & 09-160
Any area/building/property posted with a sign per 39-17-1359	T.C.A. 39-17-1359	The code says the wording of the sign must be visible and "substantially similar" to that used in the code not exact, however it has never been legally defined what substantially similar means. See TN AG Opinion 07-43

Tennessee State Constitution, Article I, Section 26, reads:

That the people have the right to keep and bear arms for their common defense; but the Legislature shall have the power, by law, to regulate the wearing of arms with a view to prevent crime.

State supreme court rulings and state attorney general opinions interpret Section 26 to mean regulation cannot and should not interfere with the common lawful uses of firearms, including defense of the home and hunting, but should only be aimed at criminal behavior. Andrews v State 1870 and Glasscock v Chattanooga 1928 defined the meaning of regulating arms. "Going armed", carrying any sort of weapon for offense or defense in public, is a crime, except carrying a handgun for defense is allowed with a state-issued permit. At one time, Tennessee required a purchase permit for a handgun approved by one's city police chief or county sheriff with a fifteen-day waiting period; that was replaced under the federal Brady Act with the Tennessee Instant Check System (TICS). Handguns in Tennessee are defined as having a barrel length of less than twelve inches see TCA 39-11-106.

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South Dakota Background Check and Gun Laws

Author — Fri, 05 Mar 2010 04:41:00 +0000

South Dakota is a "shall issue" state for concealed carry. The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.

Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.

When buying a handgun from a Federal Firearms License (FFL) holder, an application to purchase a handgun must be filled out by the buyer and submitted to the local police by the seller. Beginning June 1, 2009, anyone who passes the federal background check will be able to take possession of any firearm immediately, per SB0070.

South Dakota has state preemption of firearms laws. Units of local government may not restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.

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South Carolina Background Check and Gun Laws

Author — Fri, 05 Mar 2010 04:26:00 +0000

South Carolina is a "shall issue" concealed carry permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car. It is unlawful to carry a firearm onto private or public school property or into any publicly owned building without express permission. Open carry is not allowed, but no permit is required to carry a loaded handgun in the console or glove compartment of a car. As of September 12, 2008, states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Texas, Tennessee, Virginia, West Virginia, and Wyoming.

South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

South Carolina also has the "Make My Day" law. Giving a person to right to become a person's "alter ego" and use deadly force to protect another person if said person has the right to use deadly force himself but not the means.

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Rhode Island Background Check and Gun Laws

Author — Fri, 05 Mar 2010 04:16:00 +0000

Although Rhode Island is a shall issue state by the 'local licensing authority' (RI Gen Law 11-47-11), they will revert you to the Attorney General when applying which is a MAY issue licensing authority (RI Gen Law 11-47-18). The local Police Chief has to sign ones application to 'verify residency' before one can submit the application to the attorney general. But, before he signs the application he may have you take an NRA Safety Course from a Certified NRA Instructor within the state. After one receives the training, the local B.C.I. unit may also make you wait four to six weeks to get ones fingerprints on a F.B.I. card needed for a new application. The whole process could take around three to four months before you can submit the application for consideration and then you will be told to allow up to ninety days for a response.

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Pennsylvania Background Check and Gun Laws

Author — Fri, 05 Mar 2010 03:58:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	—	No
Firearm registration?	No	No	—	No
"Assault weapon" law?	No	No	—	No
Owner license required?	No	No	—	No
Carry permits issued?	No	Yes	—	*See note above
State Preemption of local restrictions?	Yes	Yes	—	—
NFA weapons restricted?	Partial	Partial	—	Ban on explosive destructive devices.

In Pennsylvania a License To Carry Firearms is only required to conceal a firearm, or to carry a firearm in a motor vehicle. The law is silent on the act of openly carrying a firearm while not in a vehicle making it de-facto legal. It must be noted however that due to 18 Pa.C.S. § 6108 (Carrying firearms on public streets or public property in Philadelphia) a License To Carry Firearms is required to carry a firearm in any manner on the streets or public property of a "City of the first class" (Philadelphia.) Nonetheless, all Pennsylvania LTCF permits are valid in Philadelphia.

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Oregon Background Check and Gun Laws

Author — Fri, 05 Mar 2010 03:53:00 +0000

In Oregon, the right to bear arms is protected by Article 1, Section 27 of the state constitution.

Oregon is a shall-issue concealed-carry state and is notable for having very few restrictions on where a concealed firearm may be carried. Oregon also has statewide preemption for its concealed-carry laws—meaning that, with limited exceptions, counties and cities cannot place limits on concealed-carry beyond those provided by state law.

Oregon is also an open-carry state, but preemption does not apply to open carry, so cities and counties are free to limit public possession of firearms by individuals who do not have a concealed carry permit. The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence have banned loaded firearms in all public places.

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Oklahoma Background Check and Gun Laws

Author — Fri, 05 Mar 2010 03:44:00 +0000

When carrying a firearm with a concealed carry license, the handgun must be completely concealed. Under Oklahoma State Laws it is illegal to carry a handgun larger than .45 caliber pursuant to the Oklahoma Self-Defense Act (licensed concealed carry).

When purchasing a handgun you must pass an Oklahoma State Bureau of Investigation background check. This could take 10 minutes or up to 7 days. There is no limit on the amount of handguns you can purchase.

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Ohio Background Check and Gun Laws

Author — Fri, 05 Mar 2010 03:36:00 +0000

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.

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, Section 3, Article XVIII 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.” A law 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

Courts have found that the new CCW rules fall under all of the above requirements.

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. Namely:

Alaska, Arizona, Delaware, Florida, Idaho, Indiana, Kentucky, Michigan, Missouri, Montana, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming

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North Dakota Background Check and Gun Laws

Author — Fri, 05 Mar 2010 03:09:00 +0000

North Dakota is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for three years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle. Concealed carry is not allowed in an establishment that sells alcoholic beverages or in a gaming site. Concealed carry is also not allowed, unless permitted by local law, at a school, church, sporting event, concert, political rally, or public building

North Dakota has state preemption of firearms laws. No political subdivision may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law.

Firearms manufacturers, distributors, and sellers are not liable for any injury suffered because of the use of a firearm by another. However, they may be sued for breach of contract or warranty, or for defects or negligence in design or manufacture.

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Mississippi Background Check and Gun Laws

Author — Thu, 04 Mar 2010 07:21:00 +0000

Mississippi is a "shall issue" state for concealed carry. The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 120 days. The license is valid for four years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95-3-1, or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". A license to carry a concealed pistol or revolver is required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.

Mississippi has state preemption of many but not all firearm laws. No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.

Lawsuits against manufacturers, distributors, or dealers for damages resulting from the lawful design, manufacture, distribution or sale of firearms are reserved to the state. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship.

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Minnesota Background Check and Gun Laws

Author — Thu, 04 Mar 2010 06:49:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	Yes	§624.7131	Permit to purchase required to transfer handguns through FFL's and for "military-style assault weapons.", Permit to carry doubles as Permit to Purchase.
Firearm registration?	No	No	None	No
"Assault weapon" law?	Yes	Yes	§624.7131	Does not ban any weapon but places restrictions on acquisition and ownership similar to pistols.
Owner license required?	No	No	None	No
Carry permits issued?	No	Yes	§624.714	Shall Issue
State Preemption of local restrictions?	Yes	Yes	§471.633
NFA weapons restricted?	Yes	Yes	§609.67	Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Sound suppressors and some destructive devices are prohibited in most cases.
Peaceable Journey laws?	No	No	None	Federal rules observed.

Misc Information

As of February 2008[update], 48 US states allow some form of concealed carry
The county sheriff must either issue or deny a permit within 30 days of the application date.
New and renewal permits are valid for five (5) years from the date of issuance. Emergency permits are valid for 30 days.
Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.
Private establishments can ban any firearms and must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.

Restrictions

Must be at least 21 years of age
Must complete an application form
Must not be prohibited from possessing a firearm under Minnesota Statute 624.714 (Criminal background & mental health history check)
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 and completed within one year of an original or renewal application. (624.714, Subd. 2a)

Places Prohibited

School property
A childcare center while children are present
Public colleges and universities – may have policy restricting the carrying of weapons on their premises by employees and students while on campus
Private establishments that have posted a sign banning guns on their premises
Private establishments who have personally informed the permit holder that guns are prohibited and demands compliance
Places of employment, public or private, if employer restricts the carry or possession of firearms by is employees
State correctional facilities or state hospitals and grounds (MN Statute 243.55)
Any jail, lockup or correctional facility (MN Statute 641.165)
Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)
Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals
Any state building unless the commissioner of public safety is notified (MN Statute 609.66)
In a field while hunting big game by archery, except when hunting bear (MN Statute 97B.211)
In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)

From may issue to shall issue

May Issue: licensing systems sometimes referred to as discretionary permit systems allow legal authorities to grant licenses to carry concealed firearms to citizens who establish a compelling need for doing so.

Shall Issue: licensing systems often referred to as presumptive right-to-carry laws require authorities to provide a license to any applicant who meets specified criteria.

Minnesota has switched from a may issue state to a shall issue state.

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Michigan Background Check and Gun Laws

Author — Thu, 04 Mar 2010 06:14:00 +0000

The State of Michigan has numerous laws concerning the ownership and the carrying of firearms. Generally, federal, state, and local law enforcement agencies, and agents thereof acting in an official capacity, are exempt from Michigan's firearms regulations. The Constitution of the State of Michigan of 1963 Article 1, Section 6 reads:

Every person has a right to keep and bear arms for the defense of himself and the state.

A complete listing of Michigan's firearms laws can be found in the publication "Firearms Laws of Michigan

"Firearm" defined

The word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by means of spring, gas or air.

Michigan's Attorney General has ruled that the definition of "firearm" includes a Taser.

Purchasing firearms in Michigan

No purchase license is required to purchase a long gun. According to state law, a long gun may be purchased by anyone aged 16 or over who is not subject to restrictions based on criminal or mental health history. However there is a federal age limit of 18 years for non-private purchases of long guns from federal firearms licensees. A purchase license is required to purchase a pistol, unless the purchaser has a concealed pistol license. Anyone purchasing a handgun must be at least 21 years old to purchase from a federally-licensed firearms dealer under federal law. In a private sale, the purchaser need only be aged 18 or older.

In Michigan, a person "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol," as prescribed in MCL 28.422.

An individual must apply to their local police or sheriff's department for a purchase license before obtaining a pistol. A purchase license is not needed for an individual with a concealed pistol license. However, a NICS check must be completed by the FFL (Federal Firearms Licensee) before the transfer of the firearm. The police authority will check for any criminal record at both the state and national level. The applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary that they meet the statutory requirements to own a pistol. The License to Purchase a Pistol form must be completed even though the applicant may already have possession of a pistol, such as through an inheritance. Federal firearms licensed dealers are not exempt from this section of the law and must also get a license any time they purchase/acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler. A License to Purchase a Pistol is valid for 10 days to purchase a pistol. The seller must sign the license and keep one copy for his/her records. An individual must return to the local police department within 10 days of purchasing the pistol, return the two remaining copies of the license, and present the pistol for a Safety Inspection Certificate. Dealers are exempt from the safety inspection requirements on pistols kept solely for the purpose of resale. Some agencies require all unused license to purchase forms be returned to them for record keeping purposes. These forms are licenses to purchase a pistol and the purpose is not to circumvent the required NICS (National Instant Check System) check when buying a shotgun or rifle from an FFL dealer.

Concealed carry in Michigan

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. Concealed Pistol License (CPL) holders are exempt from the obtaining a License to Purchase a Handgun; however, they must fulfill the registration requirement.

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises: Schools or school property, public or private day care center, public or private child caring agency, or public or private child placing agency, sports arena or stadium, a tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises, any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons, an entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more, a hospital, a dormitory or classroom of a community college, college, or university, and casinos. "Premises" does not include the parking areas of the places listed above, excluding casino parking. A pistol is subject to immediate seizure if the CPL permit holder is carrying a pistol in a "pistol free" area.

An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

On March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."

Open carry is legal in Michigan, but choosing to do so in populated areas may result in being charged with disturbing the peace or even brandishing. However then-Attorney General Jennifer Granholm released an opinion that open carrying is neither brandishing nor disturbing the peace.

Michigan formerly did not allow ownership of NFA firearms, though Attorney General Mike Cox has written an Attorney General's Opinion that allows for 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.

Michigan prohibits the possession of Tasers or stun guns by private citizens, regardless of CPL status.

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Massachusetts Background Check and Gun Law

Author — Thu, 04 Mar 2010 06:09:00 +0000

Massachusetts Law requires firearm owners to be licensed through their local Police Department or the Massachusetts State Police if no local licensing authority is available. A license is required by state law for buying firearms and ammunition. An applicant must have passed a State approved firearm safety course before applying for a license.

All applications, interviews, fees, and fingerprinting are done at the local Police Department then sent electronically to the Massachusetts Criminal History Board 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 five different types of Firearm licenses issued in the state:

RFID: The Restricted Firearm Identification License (FID), only allows carrying of mace or pepper spray.

Fire arms ID (FID): Only allowed long rifles and mace/pepper spray.

Class B: Only allows the purchase of long rifles and hand guns with a capacity of no more than 10 rounds, does not allow the holder to carry a fire arm concealed, when transporting fire arms it must be locked and inaccessible as well as separate from ammunition.

Class A: This license allows purchase any fire arm legal in the state of Mass, are authorized to own fire arms holding greater than 10 rounds, and can carry a loaded concealed fire arm unless restrictions are place on the license by Chief of Police of the issuing town, if the Class A is restricted to Hunting and Sport or Target and Hunting, it carries the same restrictions as a Class B, with the exception of owning large capacity.

The definition of the restrictions on a Class A is on a town by town basis and is set by the Chief of Police of the issuing town, there is no uniform state definition with regards to the restrictions placed on a Class A, they are different on a town to town basis.

The final license is only issued for "machine guns."

A license to possess or carry a machine gun may be issued only to a firearm instructor certified by the Criminal Justice Training Council for the sole purpose of firearm instruction to police personnel, or to a bona fide collector of firearms upon application or renewal of such license.

A "bona fide collector of firearms," for the purpose of issuance of a machine gun license, shall be defined as an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or other like purpose.

For the purpose of issuance of a machine gun license, the acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms.

All private sales are required to be registered through an FA-10 form with the Criminal History Board, Firearm Records division. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state and 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. State law requires all firearms to be stored in a locked container, or with a trigger lock. If in a vehicle, firearm must be carried in the trunk of the vehicle in a locked container, unless the licensee has a Class A unrestricted license, in which case the firearm must be under his direct control. Any firearms that are found to be unsecured may be confiscated by law enforcement officers and license may be revoked. In the event a license is revoked for any reason, law enforcement will confiscate all weapons and store for 1 year before destroying them unless the revoked licensee transfers ownership to a properly licensed party who then claims the firearms.

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Maryland Background Check and Gun Laws

Author — Thu, 04 Mar 2010 06:05:00 +0000

In addition to having a Maryland driver's license, Maryland requires all gun purchasers to watch a safety video before purchasing a "regulated firearm". Once complete, the purchaser is issued a certification card. Every time you purchase a regulated firearm in Maryland thereafter, you must present this card to prove you have watched the safety video and understand. An online program offered by the Maryland Police Training Commission can also fill this requirement with the purchaser receiving the card at the end of the online lecture.

Maryland State Police also maintains a database of all "regulated firearms" purchased in the state. A regulated firearm in Maryland includes all handguns and so-called "assault-style" rifles. Assault style rifles include all AK-47 style rifles, CETME/G3, FAL and copies, etc. When purchasing a regulated firearm, there is a seven-day waiting period before the purchaser can pick up his gun. During this seven-day waiting period, Maryland State Police conducts its own background check, which includes juvenile records, and, if the transaction is approved, they record the firearm serial number and owner. If a legally-registered gun owner commits a felony in Maryland, Maryland State Police uses their database to obtain a search warrant and confiscate any and all firearms in that person's possession.

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.

New handguns sold in Maryland must include a sealed envelope, provided by the manufacturer, containing a shell casing from a cartridge fired by that gun. When the gun is sold, the dealer must send the envelope with the shell casing, along with information identifying the purchaser, to the state police, for inclusion in their ballistics database, known as the Integrated Ballistics Identification System (IBIS).

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North Carolina Background Check and Gun Laws

Author — Wed, 03 Mar 2010 17:21:00 +0000

To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CCW (Carrying a Concealed Weapon) permit. State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different county sheriffs in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits). This requirement is a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from obtaining handguns.

Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.

North Carolina is a "shall issue" state for the concealed carry of handguns. Application for a concealed carry license is made through the local county sheriff's office. Applicants must complete a state approved training course. A CCW license is valid for a period of five years. Regardless of the possession of a CCW permit, absolutely no person may possess a concealed weapon at any government-run facility or any educational establishment.

North Carolina honors concealed carry permits issued by Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. North Carolina's permit is valid in approximately thirty states, more than any other CCW permit.

Open Carry is also legal throughout North Carolina except within the town of Cary, which forbids it by local ordinance. In the city of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable weapons are more often associated with criminal activity. No permit is required to carry a weapon openly in North Carolina. You shall be able to carry weapons if no one is harmed. If someone feels threatened by your open carry, you may be arrested under the state's "Going armed to the terror of the public" common law.

New York State requires that anyone buying a gun at a gunshow must have a background check done.

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Maine Background Check and Gun Laws

Author — Wed, 03 Mar 2010 13:15:00 +0000

Maine is a "shall issue" state for concealed carry. The issuing authority is the local government or local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. A permit is not required for open carry.

Maine does not currently honor concealed carry permits from other states. In 2007, the state enacted L.D. 148, directing the Department of Public Safety and the Attorney General to review other states' concealed weapon reciprocity agreements and actively seek reciprocity where appropriate.

Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.

A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.

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Louisiana Background Check and Gun Laws

Author — Wed, 03 Mar 2010 13:11:00 +0000

Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military. Concealed carry is not permitted in any portion of the permitted area of an establishment that has been granted a permit to sell alcoholic beverages for consumption on the premises, or in any place of worship, government meeting place, courthouse, police station, polling place, parade, or in certain other locations.

Louisiana has state preemption of firearms laws, except for local laws passed before July 15, 1985. Government bodies other than the state may not sue firearms manufacturers, dealers, or trade associations for damages that are the result of lawful activities. Automatic firearms, short-barreled shotguns and rifles, and silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.

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Kentucky Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:57:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State permit to purchase?	No	No
Firearm registration?	No	No
"Assault weapon" law?	No	No
Owner license required?	No	No
Carry permits issued?	No	Yes	KRS § 237.110
State preemption of local restrictions?	Yes	Yes	KRS § 65.870	Exception: KRS § 237.115 allows the following entities to restrict concealed carry: Postsecondary educational institutions Any unit of government within the state in buildings that it owns, leases, or occupies — however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
NFA weapons restricted?	No	No
Peaceable journey laws?	No	No		Federal rules observed.

Kentucky has a "shall-issue" concealed carry law, set forth in Kentucky Revised Statutes § 237.110. Once issued, permits are valid for 5 years. Kentucky's law in this area has a few distinctive features:

An applicant must have been a resident of Kentucky for at least 6 months before filing his or her application. A member of the U.S. military who has been stationed in Kentucky for at least 6 months at the time of filing is also eligible, regardless of his or her domicile.
Applicants cannot be in arrears on child support obligations in an amount that would equal or exceed that accumulated in one year of nonpayment.
The required firearms safety course can be no longer than 8 hours, and also includes a mandatory marksmanship test, in which the applicant must hit a full-sized silhouette target from 7 yards with at least 11 out of 20 rounds fired. (The distance is not stated in the statute, but is set forth in the administrative regulations governing the course.)

Under KRS § 237.110 (20)(a), Kentucky recognizes all currently valid concealed carry permits issued by other U.S. jurisdictions.

Suppressors are legally transferable in Kentucky.

KRS § 527.020 (8) permits firearms to be carried in a glove compartment of a motor vehicle:

A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a firearm or ammunition, or both, or other deadly weapon in a glove compartment of a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.

KRS § 237.104 prohibits the state from seizing firearms from private citizens in the event of a disaster or emergency.

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Kansas Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:52:00 +0000

Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 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 a veto from Governor Kathleen Sebelius, who had previously vetoed several other attempts to legalize concealed carry. 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.

On April 21, 2008, Governor Kathleen Sebelius signed a bill allowing the sale and possession of NFA weapons. The law took effect on July 1, 2008.

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Iowa Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:48:00 +0000

Iowa is a "may issue" state for concealed carry. A Permit to Carry Weapons may be issued or denied to qualified residents at the discretion of the county sheriff, or to non-residents at the discretion of the Commissioner of the Iowa Department of Public Safety. Applicants must successfully complete an approved training course and demonstrate proficiency with a handgun. Iowa does not recognize concealed carry permits issued by other states.

A Permit to Acquire Pistols or Revolvers is required when purchasing a handgun from a dealer or private party, and is obtained from the county sheriff. A Permit to Acquire shall be issued to qualified applicants aged 21 or older. It becomes valid three days after the date of application, and is valid for one year. A permit is not required when purchasing an antique handgun, which is defined as a matchlock, flintlock, or percussion cap pistol manufactured before 1898, or a replica of such a pistol.

Iowa has enacted state preemption of firearms laws, so local units of government may not restrict the ownership, possession, or transfer of firearms, or require their registration.

Under Iowa law, private citizens may not possess automatic firearms, short-barreled rifles, or short-barreled shotguns.

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New York Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:46:00 +0000

New York State, by many measures, is practically the strictest state in the nation as far as the procedure for obtaining a handgun (pistol) carry license is concerned. However, unlike many of the other extremely strict states (such as New Jersey or Maryland), once a New York State pistol license is obtained (with varying degrees of difficulty depending on the jurisdiction the licensee resides in), the restrictions on carrying handguns vary greatly jurisdiction to jurisdiction.

Handgun possession in New York State is strictly limited to allow only those individuals who hold a current, valid, handgun license (pistol license) issued by a jurisdiction (county or major city) within New York State to purchase, possess or carry a handgun within New York State (NY Penal law 265.01). New York State pistol licenses are not issued to out-of-state residents (or even part-time New York State residents), and no licensing reciprocity agreements with any other states exist. There are no provisions whatsoever for an out-of-state handgun owner (other than law enforcement/military) to carry a handgun in New York State. Some states will recognize NY's handgun license.

Simply traveling through New York State while in possession of any handgun, for any purpose, without a New York State pistol license, is legally risky. New York State law does include a very limited exception for passing through the state for target competition purposes, but the language is exceptionally strict. NY Penal law, 265.20 Exemptions, Section 12 allows travel "by a person who is a member or coach of an accredited college or university target pistol team" … and Section 13 allows travel "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within forty-eight hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within forty-eight hours of such event," … Federal law 18 USC 926A entitles a person to transport a firearm however people have been arrested for having an unregistered handgun when flying out of NY airports. Traveling through New York City, even with a license issued from another jurisdiction within New York State, must be done carefully (locked box, in vehicle's trunk, no unnecessary stops).

Application for a handgun license is through the individual's county (or major city) of primary residence, usually the police/sheriff's department, or a separate licensing authority (i.e. the "Pistol Clerk"). After initial approval on the county level, the application is then passed on to the New York State Police for further approval. The applicant will be required to ask close friends or associates to act as personal references, these individuals may be required to fill out forms, that vary in length by county, attesting to the applicant's good character. Pistol licenses can take from less than four months for approval to more than six months, but NY law only allows six months to process a license. There is no "shall-issue" provision in New York State pistol licensing law.

Pistol licenses are generally of two types, carry or premises-only (premises-only is the most common license issued in New York City) issued under NY Penal Law 400. Restrictions can be placed on either type of license, for example, a number of jurisdictions allow handgun license holders to carry handguns only while in the field hunting (ie. sportsman's license) and/or traveling to and from the range (ie. target license). These restrictions, however, are administrative in nature; carrying a licensed, registered handgun outside of the restrictions indicated on a Carry License should result in administrative (suspension, revocation) penalties only.

All handguns possessed within New York State (except antiques or replicas of antiques) must be registered, with each handgun's registration indicated on the licensee's pistol license. All handguns, including antiques and replicas, must be registered in order to be legally loaded and fired. Some counties limit who can register a handgun on their license with some allowing cross registration of a handgun from any other licensee to licensed family members only to no handgun can be cross registered. NY law does not address this issue. Sharing use of a handgun not listed on your license is only allowed at a certified range with the licensed handgun owner being present. (See NY PL 265.20 7-a) A pistol license is required to physically examine a handgun for purchase at a gun store or gun show. A separate purchase document is required for each handgun purchase that is obtained by filing an amendment with the local authority.

In addition to laws pertaining to the entire state of New York, there are additional laws and statutes pertaining to licensing and permits in some of the major cities of the state; any city with a population of over 100,000 is allowed to pass additional laws. Cities with stricter laws include Albany, Buffalo, Rochester and New York City.

The cost and renewal of handgun licenses vary from county to county. Importantly, concealed carry handgun licenses issued in New York City are valid in the rest of the state, however premises-only licenses are not valid in the rest of the state. All Concealed carry licenses issued outside of New York City are valid throughout New York State except New York City.

Restrictions on New York State handgun licenses vary greatly from jurisdiction to jurisdiction. For example, it is practically impossible to be issued a carry pistol license in New York City, unless the license applicant is a celebrity or employed in the security industry. Most licenses issued in New York City are for on-premises possession only, carrying to and from the range must utilize a "locked-box". Periodic renewal fees even on restricted carry licenses like NY City's $340 for a 3 year license, are highly prohibitive as well. Nassau, Suffolk, Westchester and several other suburban counties are only slightly less prohibitive, allowing a highly restricted "to and from the range only" form of concealed carry.

In contrast to "practically no carry" New York City, and some county judges who only issue "to and from target shooting, hunting and fishing" licenses, many upstate New York counties issue "unrestricted" handgun licenses that allow unrestricted concealed carry of a loaded handgun (except for important exceptions such as schools, court houses/rooms, secure areas of airports). Some of the most rural upstate counties (such as Delaware County) specifically do not enforce the vague "concealed" language in New York State's licensing law, thereby effectively allowing open carry.

Paradoxically, except for visiting New York City (which effectively invalidates any non-NYC carry license), the restrictions (or lack thereof) as they appear on the license stay with the license as the individual travels from county to county within the state. For example, the holder of a Delaware County pistol license (unrestricted carry) can carry his concealed handgun into a restaurant in Suffolk County, while his Suffolk County friend cannot. Most counties in NY issue "lifetime" licenses: PL400.00 – 10. License: expiration, certification and renewal. Elsewhere than in the City of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, …, shall be in force and effect until revoked as herein provided. Renewable licenses last from the 3 year NY City's license to 5 years in other counties with NY Cities license costing $340 every 3 years.

This dichotomy in New York State handgun license policies (upstate rural/downstate urban) is an outgrowth of three specific cultural forces; the strength of home rule in New York State, the prevalence of conservative political forces upstate, as well as the gun culture during the various hunting seasons in the rural counties. Not all of the most pro-gun counties of New York are particularly far from New York City either, many a tourist getting away from New York City for a weekend trip to the country has been quite surprised at the prevalence of openly carried firearms of all types only several hours from home.

Rifles and shotguns do not have to be registered in any jurisdiction within New York State except for New York City, which requires registration. Laws pertaining to the handling of rifles and shotguns are in sharp contrast to those of handguns. For example, licensed carry of a handgun on one's person allows the handgun to be fully loaded, including within an automobile, while visiting a place of business or while crossing a public road while hunting. A rifle or shotgun cannot be kept loaded in any of the above circumstances except for a self defense emergency. A range officer would not normally take exception to a target shooter driving to the range and entering the parking lot carrying a licensed, loaded, holstered handgun; doing so with a loaded rifle or shotgun would cause quite a stir.

Most handgun licenses are issued under 3 sections of NY PENal law 400 section 2:

(a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; … (f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof;

Section 2 f (above) is the section of NY law that most people are issued a handgun license under including the made up, "Sportsman's license" that some counties call their restricted license. This section only allows "have and carry concealed" so open carry in NY State is not allowed however some police departments in some counties may choose to ignore someone who does open carry.

NY PENal law: 265.20 section 7-e allows for youth between 14 and 21, inclusive, to shoot a handgun at a range as long as several simple requirements are met.

New York State 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 firearms must have them unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle) and can never be in possession of a high capacity feeding device made post ban.

New York State has a ban that is an almost exact mirror of the Federal Assault Weapons Ban, except that it does not have a sunset provision.

Most of New York State gun laws are covered in two sections of New York 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 New York 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, Hunting and Target, Repair and Dispose of Firearms.

New York State requires that anyone buying a gun at a gunshow must have a background check done.

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Indiana Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:40:00 +0000

Indiana has enacted state preemption of firearm laws. However, local laws passed before 1994 or for certain narrowly defined emergency situations are valid. East Chicago, Gary and South Bend all have local laws that still apply. Governing units may restrict firearms possession on public property. Additionally, private businesses may also restrict (or forbid) firearms on their properties.

Indiana is a "shall issue" state for the License to carry a handgun. The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW. A license to carry 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". Documented substance abuse is a disqualifier, as is documented evidence of any given person's "propensity for violent or emotionally unstable conduct."

Application for a license must be made to the local police department, or absent that to the county police department. Four-year and lifetime permits are issued for Indiana residents. Out-of-state residents may only be issued four-year permits.

It is illegal to carry a concealed weapon, even sporting arms, 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. Lawful gun owners may have guns in their vehicles on school property provided the driver is only transporting someone to, or from, a school event.

Indiana honors CCW licenses issued by every state (Illinois and Wisconsin do not issue CCW licenses), 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 (barrels under 18", OAL less than 26" length), are prohibited.

Handgun cartridges that have "a projectile that has a metal core and an outer coating of plastic" are prohibited.

Indiana law stands mute vis-à-vis long gun carry. There are some Department of Natural Resources rules, but these only apply on DNR property. Generally speaking, possession of long guns is legal whether the gun is either on one's person or in one's vehicle, loaded or not.

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.

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New Mexico Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:37:00 +0000

New Mexico laws governing the possession and use of firearms include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".

New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

New Mexico is a "shall issue" state for the concealed carry of handguns, and permits the open carry of loaded firearms.An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.

New Mexico recognizes concealed carry permits issued by 20 other states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and Wyoming.

Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, school, or restaurant that serves alcohol. However, carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (ie. Grocery store, gas station, liquor store) is legal (note that "open carry" is expressly disallowed in this case.

New Mexico has an "extended domain" law, which means that a person's vehicle is considered an extension of their home. It is therefore legal to carry a loaded firearm without a permit, openly or concealed, anywhere in a vehicle. On foot, no permit is required to carry a firearm unless it is both loaded and concealed.

Concealed carry of an unloaded firearm is legal without a permit in New Mexico, except in establishments that sells alcohol for consumption on premises.

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New Jersey Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:32:00 +0000

In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns as well as ammunition. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. These, like the initial Firearms Identification card, require in-depth application questioning, multiple references and background checks via the State Bureau of Identification and New Jersey State Police. NJ law states that Firearms Identification approval and/or handgun purchase permit(s) must be issued within 30 days.

Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. N.J. Rev. Stat § 2C:39-1y. New Jersey allows the purchase, possession and use of hollowpoint ammunition except in concert with any sort of criminal activity. New Jersey has its own ban on various semi-automatic firearms as well. Police are bound by the Assault Weapons Ban (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.

It is the express policy of New Jersey legislative and law enforcement authorities that the carrying of a handgun on one's person be strictly limited only to those earning a living through the carrying of a handgun. Theoretically, there exists a route for a civilian to legally carry a handgun, but in reality, is practically nonexistent.

Starting January 1, 2010, New Jersey limited handgun purchases to one per 30 day period.

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New Hampshire Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:29:00 +0000

No license is required to openly carry a firearm while on foot, but carry of a loaded pistol or revolver in a motor vehicle, openly or concealed, does require a license. Note that the NH license is issued for carry of a "pistol or revolver," and is not a license to carry "weapons" as exists in some other states. The NH license is issued by the local police dept at a cost of $10 for residents, and by the NH State Police at a cost of $100 for non-residents (changed from $20 on July 1, 2009). The term of issue of the license is four years for non-residents, and at least four years for residents. Turn around time is generally 1 – 2 weeks, with 14 days being the maximum time allowed by law.

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Nevada Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:23:00 +0000

Nevada law does not require the registration of firearms. However, handgun owners in Clark County must register their concealable firearms at a law enforcement agency within an incorporated city of Clark County.

Nevada is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed firearms permit to qualified applicants. 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.

States that honor Nevada's CCW permit: Alaska, Arizona, Florida*, Idaho, Indiana, Kansas*, Kentucky, Louisiana, Michigan*, Minnesota, Missouri, Montana, Nevada, Oklahoma, South Dakota, Tennessee, Texas, Utah (*Residential Permits Only)

State CCW permits that Nevada honors: Alaska, Arkansas, Kansas, Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio, Tennessee

Nevada is a traditional open carry state with seemingly complete state preemption of firearms laws. However, several localities have passed and are enforcing "Deadly Weapons" laws which conflict with the preemption laws, and whose legality is therefore at issue. Were this not the case, Nevada would qualify as a "Gold Star" open carry state. Effective Oct 1, 2007 is legislation that prohibits counties/cities/towns from enacting ordinances more restrictive than state law – the legislature reserves for itself the right to legislate firearms law. This law is retroactive. Hence the more restrictive ordinances in North Las Vegas and Boulder City are null and void.

Also effective Oct 1, 2007 a CCW permittee can qualify with a revolver and thereafter carry ANY revolver (or derringer) – the permit will simply state "Revolvers Authorized"; however, one must continue to qualify with each make/model/caliber of semi auto pistols.

The CCW permit costs $105, and is valid for 5 years for residents and 3 years for non-residents.

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Nebraska Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:20:00 +0000

In Nebraska, to purchase a handgun, a permit to purchase is required. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. As of January 1, 2007, shall issue concealed handgun permits (CHPs) are being issued by the Nebraska State Patrol. NFA firearms (machine guns, short barreled shotguns, short barreled rifles, and silencers) are legal to own as long as they are compliant with federal law.

In Lincoln, municipal code section 9.36.100 prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last ten years. These include stalking, violation of an order of protection, impersonating a police officer, and public indecency. The Lancaster County Sheriff will not issue a Nebraska permit to purchase a handgun if the applicant is a Lincoln resident and is prohibited by this law from possessing firearms.

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Montana Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:15:00 +0000

Montana has some of the most permissive gun laws in the United States. It is unique in having no state-level prohibited possessor statute, although the state preemption statute allows local governments to prohibit firearms possession among felons and mental incompetents.

Montana is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Concealed carry is not allowed in government buildings, financial institutions, or any place where alcoholic beverages are served. Carrying a concealed weapon while intoxicated is prohibited. No weapons, concealed or otherwise, are allowed in school buildings. Montana recognizes concealed carry permits issued by most but not all other states. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. Transporting a firearm in a motor vehicle is legal. Open carry is also generally permitted.

Montana has state preemption of most firearms laws. Local units of government may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer, ownership, possession, transportation, use, or unconcealed carrying of any weapon. However, local governments may restrict the firing of guns, or the carrying of firearms at public assemblies or in public buildings or parks.

Montana has a number of restrictions on lawsuits against firearms manufacturers, dealers, or trade associations. Such lawsuits may be filed by the state, but not by local governments.

Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they can not be regulated as interstate commerce.

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Missouri Background Check and Gun Laws

Author — Wed, 03 Mar 2010 12:10:00 +0000

Peaceable journey and RV law

Missouri has a "peaceable journey" under Missouri Statutes 571.030 which law says it is legal to carry the weapon in a passenger compartment of a vehicle as long as (1) the concealable firearm is otherwise lawfully possessed, (2) the person is 21 or older, or (3) the person is in his dwelling unit (e.g. RV) or upon premises over which the person has possession/authority/control, or is traveling in a continuous journey peaceably through this state.

The same applies (it is not a crime) when the person is 21 and possesses an exposed firearm for the lawful pursuit of game.

Open carry

Missouri does allow open carry of firearms for those age 21 or older. However, city, county, and municipalities are allowed to pass laws and ordinances restricting this. It is advisable to check local laws and ordinances before openly carrying a firearm within Missouri.

Concealed carry

Missouri Statute 571.070 (8/28/2007) says that unlawful for a felon (also a drunkard, drug user and adjudged incompetent Person) to have possession of any firearm (including concealable firearms). Violation of this law is a class C felony.

Missouri Statute 571.121 (8/28/2007) says (a) you have to carry permit with you when you carry the concealed weapon and if you don't have it with you, it's not a crime, but you can be fined up to $35, and (b) director of revenue issues a driver's license or a state I.D. with a CCW endorsement that reflects that you can carry concealed.

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Illinois Background Check and Gun Laws

Author — Wed, 03 Mar 2010 11:51:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State permit to purchase?	Yes	Yes	430 ILCS 65	FOID required.
Firearm registration?	No	No
"Assault weapon" law?	No	No
Owner license required?	Yes	Yes	430 ILCS 65	FOID required.
Carry permits issued?	No	No
State preemption of local restrictions?	No	No
NFA weapons restricted?	Yes	Yes	720 ILCS 5/24	Fully automatic firearms and short-barreled rifles and shotguns prohibited. AOW (Any Other Weapon) allowed with proper approval and tax stamp from BATF.
Peaceable journey laws?	No	No

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 an FOID will be granted unless the applicant has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, or has been adjudicated as a mental defective. There are additional requirements for applicants under the age of 21.

There is no state preemption of firearm laws. 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 April 16, 1982. The Chicago suburb of Oak Park also has banned handguns, and Highland Park bars handgun possession unless the resident has obtained a permit from the police. The status of these various handgun bans has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller. In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette, Morton Grove, Evanston and Winnetka, but Chicago and Oak Park have fought in court to keep their current laws. The Supreme Court has agreed to review the Chicago and Oak Park handgun bans in the case of McDonald v. Chicago.

Cook County has banned assault weapons and magazines that can hold 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 two remaining states that have no provision for the concealed carry of firearms by citizens. (In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.) Open carry is also illegal, except when in unincorporated areas where carrying is not prohibited by county law, a fixed place of business with owner's permission, or in one's abode. 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 a long gun is 24 hours.

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Idaho Background Check and Gun Laws

Author — Wed, 03 Mar 2010 11:45:00 +0000

Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants must demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, at the Idaho State Capitol mall, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.

Open carry is legal in Idaho. A concealed weapons permit is not required for open carry, nor for long guns (concealed or not). The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.

Idaho has state preemption of firearms laws, so local units of government can not regulate the ownership, possession, or transportation of firearms. The state constitution states that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations

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Hawaii Background Check and Gun Laws

Author — Wed, 03 Mar 2010 11:40:00 +0000

Hawaii is a "may issue" state for concealed carry. "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," a license to carry a pistol or revolver may be granted or denied at the discretion of the county police chief. In practice however few if any concealed carry licenses are granted. Hawaii does not recognize concealed carry permits issued by other states.

Acquiring a firearm in Hawaii requires a permit to acquire, issued to qualified applicants by the county police chief. There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired, while a "long gun" permit can be used for any number of rifles or shotguns for a period of one year. In addition to passing a criminal background check, applicants must provide an affidavit of mental health, and agree to release their medical records. First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a handgun safety training course affidavit or hunter's education card is also required.

Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms brought in from out of state, including those owned prior to moving to Hawaii, must be registered within 3 days of arrival. Registration of firearms brought in from out of state does not involve a waiting period, however a FBI fingerprint and background check will be conducted. Registration is not required for black powder firearms or firearms manufactured before 1899.

Carrying a loaded firearm, concealed or not concealed, including in a vehicle, is a class A felony. Unloaded firearms that are secured in a gun case and are accompanied by a corresponding permit are allowed to be transported in a vehicle between the permitted owner's residence or business and: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station.

Automatic firearms, shotguns with barrels less than 18 inches long, and rifles with barrels less than 16 inches long are prohibited by state law. Also banned are handgun magazines that can hold more than 10 rounds of ammunition, and semi-automatic handguns with certain combinations of features that the state has defined as "assault pistols".

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Georgia Background Check and Gun Laws

Author — Wed, 03 Mar 2010 11:33:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None
Firearm registration?	No	No	None
"Assault weapon" law?	No	No	None
Owner license required?	No	No	None
Carry permits issued?	No	Yes	OCGA §16-11-129	Concealed or open carry allowed with permit. See also OCGA §43-38-10 which is a special permit for armed security guards.
State Preemption of local restrictions?	Yes	Yes	OCGA §16-11-173	Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
NFA weapons restricted?	No	No	None
Peaceable Journey laws?	No	No	None	Federal rules observed.
Unlicensed open carry?	Yes	No	OCGA 16-11-128	A Georgia Firearms License (GFL), or a recognized out-of-state permit, is required for open carry of any pistol or revolver outside of one's home, motor vehicle, or place of business.

Georgia is a "shall issue" state, and issues firearms permits to residents through a county probate court.

Georgia recognizes permits from any other state which recognizes Georgia's permit, provided the non-resident individual would meet the eligibility requirements for a Georgia Firearms License as a resident.

Vehicle carry is allowed if the possessor is eligible for a permit. An eligible person without a permit must keep a firearm unloaded in a case separated from ammunition, or loaded and fully exposed to view (Lindsey vs State of Georgia indicates that the firearm must be fully visible to all possible observers), or loaded in a closed compartment of the vehicle. Permit holders may carry a firearm open or concealed anywhere within a vehicle.

State preemption laws prohibit localities from regulating the ownership, transportation, and possession of firearms. Georgia also has a law preventing localities from enacting ordinances or lawsuits to classify gun ranges as nuisances.

Firearm regulations are uniform throughout the state, and a firearms 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)
nuclear power facilities
any federal buildings or property
any public gathering (includes, but is not limited to, athletic or sporting events, churches or church functions, political rallies and/or functions, publicly owned or operated buildings)
any place licensed to sell alcohol for consumption on premises (excluding restaurants that serve alcohol)
wildlife management areas, except by a licensed hunter in an appropriate open season (not during a primitive weapon season)
any school building or grounds (except for authorized teachers and staff)

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Florida Background Check and Gun Laws

Author — Wed, 03 Mar 2010 10:58:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None	No
Firearm registration?	No	No	None	No
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Carry permits issued?	No	Yes	Chapter 790.06	Concealed carry only; no open carry allowed, even with permit
State Preemption of local restrictions?	Yes	Yes	Chapter 790.33
NFA weapons restricted?	No	No	None
Peaceable Journey laws?	No	No	None	Federal rules observed.

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". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. (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 in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities. 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 also 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:

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 790.25(2)b3 & 823.05
Sheriff's Office,
Police Station,
Jail,
Prison,
Courthouse,
Polling Place,
any Governmental Judicial meeting,
any school or college,
lounges,
bars,
airports,
professional athletic event, and
any federal buildings or property.

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District of Columbia Background Check and Gun Laws

Author — Wed, 03 Mar 2010 10:46:00 +0000

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 by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. The Supreme Court ruled that the Second Amendment acknowledges and guarantees the right of the individual to possess and carry firearms, and therefore D.C.'s ban on handguns was unconstitutional.

A lawsuit was filed on August 6, 2009 to compel the district to issue permits to carry weapons.

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Delaware Background Check and Gun Laws

Author — Wed, 03 Mar 2010 10:38:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No
Firearm registration?	No	No
"Assault weapon" law?	No	No
Owner license required?	No	No
Carry permits issued?	No	Yes	11 Del.C. § 1441(j)	Permit needed to carry concealed
State Preemption of local restrictions?	Yes*	Yes*		Complete Preemption except any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted
NFA weapons restricted?	Yes	Yes		Civilian ownership for research purposes only
Peaceable Journey laws?	No	No		Federal rules observed.

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Connecticut Background Check and Gun Laws

Author — Wed, 03 Mar 2010 10:32:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	Yes	CGS 29-36(f), CGS 29-36(g)	Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of handguns, with exceptions for peace officers and Active-Duty military members.
Firearm registration?	No*	No*	CGS 53-202	Registration required for assault weapons purchased before October 1, 1993.
"Assault weapon" law?	Yes	Yes	CGS 53-202	Partial ban (selective fire weapons with the ability to fire either semautomatic or fully automatic and some .50 BMG variants) No restrictions on magazine capacity.
Owner license required?	No	No
Carry permits issued?	No	Yes	CGS 29-28	Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members.
State Preemption of local restrictions?	Yes	Yes	CGS 29-28
NFA weapons restricted?	Partial	Partial	CGS 53-202(c)	Selective fire assault weapons prohibited, unless purchased before October 1, 1993.
Peaceable Journey laws?	No	No	CGS 29-38	Federal rules observed.

Connecticut is a Shall Issue state. “Every citizen has a right to bear arms in defense of himself and the state.” Article 1, Section 15.

Permits in Connecticut are first issued by the town police department, which conducts the background checks and fingerprinting. Each town is different in its willingness to approve permits, and some towns create their own requirements that go well beyond the State requirements. Some towns will automatically issue a permit (as long as the individual does not meet any statutory criteria that would disqualify him or her from holding such a permit), while in other towns the issuance of permits is limited to politically-connected individuals.

Meeting these town-specified requests (such as letters of reference, pictures, or an essay on why you want to have a permit to carry) does not have to be accomplished in order to get a permit. The town has 8 weeks to approve the permit. If it doesn’t, the resident can appeal the ruling to the Connecticut Board of Firearms Permit Examiners, who must grant the permit unless there is a specific reason the individual should be denied. These include:

Criminal possession of a narcotic substance
Criminally negligent homicide
Assault in the third degree
Reckless endangerment in the first degree
Unlawful restraint in the second degree
Riot in the first degree
Stalking in the second degree
Has not been convicted as a delinquent for the commission of a serious juvenile offense
Has not been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect
Is not subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person
Is not subject to a firearms seizure order issued for posing a risk of personal injury to self or others after a hearing; or
Is not prohibited from possessing a firearm for having been adjudicated as a mentally incompetent under federal law.

Applicants may appeal an unfavorable ruling by the Board of firearms Permit Examiners through the state courts.

Connecticut Residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry. Although open carry is not restricted by state law, the Connecticut Board of Firearms Permit Examiners suggests that, “every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it.”

Residents of other states who hold a concealed weapons permit may apply for a non-resident Connecticut permit through the mail.

Connecticut has bans on defined 'assault weapons,' which includes selective-fire firearms (unless purchased before October 1, 1993), and a limited list of semiautomatic AR, AK, and SKS variants. 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. Selective fire means that a machine gun can fire semi or fully automatic. A machine gun that can only fire fully automatic is legal in Connecticut.

Connecticut also has a provision in the statute that if a carry permit holder loses a firearm and does not report it, they may lose the permit.

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Colorado Background Check and Gun Laws

Author — Wed, 03 Mar 2010 10:10:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	no	no	None	yes
Firearm registration?	No	No	None	No
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Concealed Carry permits issued?	Yes	Yes	CRS 18-12	No
Open carry without a permit?	Yes*	Yes*	CRS 18-12	Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforcement.
Concealed within a vehicle?	Unloaded Only**	yes	CRS 18-12, 33-6-125	**Loaded without a round chambered only.
State Preemption of local restrictions?	Yes*	Yes*	CRS 18-12	*Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law
NFA weapons restricted?	No	No	None	No
Peaceable Journey laws?	Yes	Yes		Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
Castle Doctrine?	Yes	Yes		A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not.
"Make My Day" Law?	Yes	Yes		A person may defend himself or others with deadly force if necessary.

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California Background Check and Gun Laws

Author — Wed, 03 Mar 2010 09:45:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	§12070, §12071, §12082	All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency.
Firearm registration?	No	Yes	None	All handgun sales are recorded by the state. Longarm serial numbers are not recorded, only the sale. There is no requirement to register firearms with law enforcement. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
"Assault weapon" law?	Yes	Yes	§12280 , §12285	Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. They must be registered with the California Department of Justice prior to the servicemember's arrival in California.
Owner license required?	No	No	None
Carry permits issued?	N/A	Yes	§12050	May issue, depending on jurisdiction. Out-of-state permits not valid in California.
State Preemption of local restrictions?	Yes	Yes	§53701 GC	Most but not all local restrictions preempted.
NFA weapons restricted?	Yes	Yes	§12220, §12020	Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns."
Peaceable Journey laws?	No	No	None

California is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief. California does not recognize concealed carry permits issued by other states.

Open carry of loaded firearms in public is generally prohibited except in unincorporated areas where the county has not made open carry illegal or where the discharge of firearms is not prohibited. Carrying of an unloaded, unconcealed firearm in plain sight is not prohibited except in areas otherwise prohibiting the carry of firearms under state or federal law, such as school zones, post offices, government buildings, state and national parks, "sterile" areas controlled by security screenings, etc.

The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer sends the application to the California Department of Justice (DOJ), which performs a background check on the buyer.

The approved application is valid for 30 days. There is a 10 day waiting period for the delivery of any firearm.

Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method.

The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns. Federally defined curio or relic long guns over 50 years old may be sold without going through a licensed dealer.

Handgun purchases, except for private party transfers, are limited to one per 30 day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate. This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun.

Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.

Dealers may not sell any handgun unless it is listed in the Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.

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Arkansas Background Check and Gun Laws

Author — Wed, 03 Mar 2010 09:26:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None	No
Firearm registration?	No	No	None	No
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Carry permits issued?	No	Yes	5-73-301 – 5-73-320	Concealed carry requires a permit. Open carry is not permitted.
State Preemption of local restrictions?	Yes	Yes	5-73-120
NFA weapons restricted?	N/A	N/A	5-73-120
Peaceable Journey laws?	?	Yes	5-73-120 (c)(4)	A person has a defense to the crime of carrying a weapon when they are on a journey, unless the journey is through a commercial airport at the security checkpoint or is in checked baggage and is not a lawfully declared weapon

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. Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is 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 government units 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.

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Arizona Background Check and Gun Laws

Author — Wed, 03 Mar 2010 09:19:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None	No
Firearm registration?	Partial	Partial	ARS 13-3101	State law requires artillery, machine guns and short-barreled rifles and shotguns to be registered per the National Firearms Act.
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Carry permits issued?	Yes	Yes	ARS 13-3112	Concealed carry requires a permit. Open carry is legal without a permit in most places where it is legal for permit holders to carry concealed and law enforcement is well-versed as to its legality. With holsters the gun can be partly covered; if no holster is present the firearm needs to be completely revealed.
State Preemption of local restrictions?	Partial	Partial	ARS 13-3108	Explained below.
NFA weapons restricted?	Partial	Partial	ARS 13-3101	It is a violation of state law to possess NFA weapons except as permitted by federal law.
Peaceable Journey laws?	No	No	None	Federal rules observed.

Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes. There is no registration or licensing of non-NFA firearms in Arizona. In fact, Section 13-3108 subsection B prohibits any political subdivision of the state from enacting any laws requiring licensing or registration. According to state law, a person must be 18 years of age to purchase any non-NFA firearm from any source; however, there is a federal age limit of 21 years on handgun purchases from federal firearms licensees.

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 $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years. Permits issued before August 12, 2005 are valid for four years. Renewing a permit requires only an application and finger print card. However, effective December 31, 2007 the finger print card requirement for renewal is scheduled to end. Arizona recognizes almost all valid out-of-state carry permits, with few exceptions.

The law regarding the carrying of firearms in motor vehicles by non-permit holders is complex and has been further muddled by court decisions. However, it is clear that no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible. "Plain view" means that the firearm would be discernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle.

On foot, no permit is required to openly carry a firearm in a belt holster, gun case or scabbard. Generally, a person must be at least 18 years of age to possess or openly carry a firearm. However, this does not apply to:

Juveniles within a private residence.
Emancipated juveniles.
Juveniles accompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the juvenile's parent or guardian.
Juveniles on private property owned or leased by the juvenile or the juvenile's parent, grandparent, or guardian.
Juveniles fourteen years of age and up engaged in any of the following activities:
- Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
- Lawful transportation of an unloaded firearm for lawful hunting.
- Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
- Activities that require a firearm related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.

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Alaska Background Check and Gun Laws

Author — Wed, 03 Mar 2010 09:04:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	Yes	No	None	No
Firearm registration?	No	No	None	No
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Carry permits issued?	No	Yes	AS 18.65.700 through 18.65.778	May carry concealed without permit, though permits can be issued for those who wish to have them.
State Preemption of local restrictions?	Yes	Yes	AS 29.35.145	State preempts "out legislating" state law.
NFA weapons restricted?	No	No	None	No
Peaceable Journey laws?	No	No	None	Federal rules observed.

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. 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.

Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.

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Alabama Background Checks and Gun Laws

Author — Wed, 03 Mar 2010 08:25:00 +0000

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State Permit to Purchase?	No	No	None	No
Firearm registration?	No	No	None	No
"Assault weapon" law?	No	No	None	No
Owner license required?	No	No	None	No
Carry permits issued?	No	Yes	Ala §13A-11-73	May not carry concealed without permit.
State Preemption of local restrictions?	No	Yes	Ala §11-34-1.1	none.
NFA weapons restricted?	No	No	Ala §13A-11-63	Short-barreled rifles and shotguns prohibited. House Bill Two amends this law as of January 29, 2010.
Peaceable Journey laws?	No	No	None	Federal rules observed.

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". 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 22 states.

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Arms Export Control Act (1976)

Author — Wed, 03 Mar 2010 07:46:00 +0000

The Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense. Consideration is given as to whether the exports "would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements." The Act also places certain restrictions on American arms traders and manufacturers, prohibiting them from the sale of certain sensitive technologies to certain parties and requiring thorough documentation of such trades to trusted parties.

In March 2007, ITT Corporation was fined for criminal violation of the act. The fines resulted from ITT's outsourcing program, in which they transferred night vision goggles and classified information about countermeasures against laser weapons, including light interference filters to engineers in Singapore, the People's Republic of China, and the United Kingdom. They were fined $100 million US dollars, although they were also given the option of spending half of that sum on research and development of new night vision technology. The United States government will assume rights to the resulting created intellectual property.

In January 2009, Congressman Dennis Kucinich sent notice to Secretary of State, Dr. Condoleezza Rice, that Israel’s actions in Gaza since December 27th, 2008 may constitute a violation of the requirements of the Arms Export Control Act. When the President is aware of the possibility of such violations, the AECA requires a report to Congress on the potential violation(s).

U.S. Immigration and Customs Enforcement (ICE) conducts an industry outreach program called the Project Shield America to prevent foreign adversaries, terrorists, and criminal networks from obtaining U.S. munitions and strategic technology.

Other Gun Laws inthe United States:

Federal Assault Weapons Ban (1994 – 2004)

Author — Wed, 03 Mar 2010 07:41:00 +0000

The Federal Assault Weapons Ban (AWB) (or Public Safety and Recreational Firearms Use Protection Act) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law in the United States that included a prohibition on the sale to civilians of certain semi-automatic firearms, so called "assault weapons." There was no legal definition of "assault weapons" in the U.S. prior to the law's enactment. The ten-year ban was passed by Congress on September 13, 1994 and was signed into law by President Bill Clinton the same day. The ban only applied to weapons manufactured after the date of the ban's enactment.

The Federal Assault Weapons Ban expired September 13, 2004, as part of the law's sunset provision.

Other Gun Laws inthe United States:

Protection of Lawful Commerce in Arms Act (2006)

Author — Wed, 03 Mar 2010 07:37:00 +0000

The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283-144. It was signed into law on October 26, 2005, by President Bush and became Public Law 109-92.

The purpose of the act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.

A similar measure had been rejected by the Senate on March 2, 2004, after being combined with an extension to the assault weapons ban into a single piece of legislation.

The final bill passed only after an amendment was added which mandated safety locks on handguns and after the assault weapons ban renewal was prevented from being added onto the bill.

Other Gun Laws inthe United States:

Brady Handgun Violence Prevention Act (1993)

Author — Wed, 03 Mar 2010 06:57:00 +0000

The Brady Handgun Violence Prevention Act (Pub.L. 103-159, 107 Stat. 1536) was an Act of the United States Congress that, for the first time, instituted federal background checks on firearm purchasers in the United States.

It was signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994. The Act was named after James Brady, who was shot by John Hinckley, Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.

The Brady Act requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer – unless an exception applies. If there are no additional state restrictions, a firearm may be transferred to an individual upon approval by the National Instant Criminal Background Check System (NICS) maintained by the FBI. In some states, proof of a previous background check can be used to bypass the NICS check. For example, a state-issued concealed carry permit usually includes a background check equivalent to the one required by the Act. Other alternatives to the NICS check include state-issued handgun purchase permits or mandatory state or local background checks.

Section 922(g) of the Brady Act prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:

Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
Is a fugitive from justice;
Is an unlawful user of or addicted to any controlled substance;
Has been adjudicated as a mental defective or committed to a mental institution;
Is an alien illegally or unlawfully in the United States;
Has been discharged from the Armed Forces under dishonorable conditions;
Having been a citizen of the United States, has renounced U.S. citizenship;
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
Has been convicted in any court of a misdemeanor crime of domestic violence.

Other Gun Laws inthe United States:

Firearms Owner’s Protection Act (1986)

Author — Wed, 03 Mar 2010 06:55:00 +0000

The Firearm Owners' Protection Act (FOPA), Pub. L. No. 99-308, 100 Stat. 449 (May 19, 1986), codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.

Federal Firearms License regulatory reform

Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms, now the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) was given wide latitude on the enforcement of regulations pertaining to Federal Firearms License (FFL) holders. Allegations of abuse by ATF inspectors soon arose from the National Rifle Association (NRA) and certain targeted Federal firearms licensees.

Machine gun ban (The Hughes Amendment)

As debate for FOPA was in its final stages, Rep. William J. Hughes (D-N.J.) proposed an amendment (House Amendment 777 to H.R. 4332) to ban the civilian ownership or transfer of any fully-automatic weapon which was not registered by May 19, 1986. However, any such weapon manufactured and registered before the May 19 cutoff could still be legally owned and transferred by civilians.

"Safe passage" provision

One of the law's provisions was that persons traveling from one place to another cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas and presumably overnight stops on long trips excepted) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.

Clarification of prohibited persons

The older Gun Control Act of 1968 prohibits firearms ownership in the US by certain broad categories of individuals thought to pose a threat to public safety. However, this list differed between the US House and the US Senate versions of the bill, and led to great confusion. This list was later augmented, modified, and clarified in the Firearm Owners Protection Act of 1986. The 1986 list is:

Anyone who has been convicted in any court of, a felony punishable by imprisonment for a term exceeding 1 year, excluding those crimes punishable by imprisonment related to the regulation of business practices.
Anyone who is a fugitive from justice.
Anyone who is an unlawful user of or addicted to any controlled substance.
Anyone who has been adjudicated as a mental defective or has been committed to a mental institution.
Any alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa. The exception is if the nonimmigrant is in possession of a valid hunting license issued by a US state.
Anyone who has been discharged from the Armed Forces under dishonorable conditions.
Anyone who, having been a citizen of the United States, has renounced his or her citizenship.
Anyone that is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner. (Added in 1996, with the Lautenberg Amendment.)
Anyone who has been convicted of a misdemeanor crime of domestic violence. (Added in 1996, with the Lautenberg Amendment)[6]
A person who is under indictment or information for a crime (misdemeanor) punishable by imprisonment for a term exceeding two years cannot lawfully receive a firearm. Such person may continue to lawfully possess firearms obtained prior to the indictment or information, and if cleared or acquitted can receive firearms without restriction.

Other Gun Laws inthe United States:

Gun Control Act of 1968

Author — Wed, 03 Mar 2010 06:38:00 +0000

The Gun Control Act of 1968, Pub. L. No. 90-618, 82 Stat. 1213 (also known as GCA or GCA68, and codified as Chapter 44 of Title 18, United States Code) is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.

The GCA is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA) is Title II. Both GCA and NFA are enforced by the ATF.

Prohibited persons

Under the GCA, firearms possession by certain categories of individuals is prohibited.

Anyone who has been convicted in a federal court of a crime punishable by imprisonment for a term exceeding one year, excluding crimes of imprisonment that are related to the regulation of business practices.
Anyone who has been convicted in a state court of a crime punishable by imprisonment for a term exceeding two years, excluding crimes of imprisonment that are related to the regulation of business practices.
Anyone who is a fugitive from justice.
Anyone who is an unlawful user of or addicted to any controlled substance.
Anyone who has been adjudicated as a mental defective or has been committed to a mental institution.
Any alien illegally or unlawfully in the United States or an alien admitted to the United States under a non-immigrant visa. Aliens who have a tourist visa or student visa may possess guns if they have a current, valid hunting license.
Anyone who has been discharged under dishonorable conditions from the United States armed forces.
Anyone who, having been a citizen of the United States, has renounced his or her citizenship.
Anyone that is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner. (added 1996)
Anyone who has been convicted of a misdemeanor crime of domestic violence (added in 1996 by the Domestic Violence Offender Gun Ban, or "Lautenberg Amendment.")

Additionally, 18 USC 922(x) generally prohibits persons under 18 from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are an invited guest.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year cannot lawfully receive a firearm. Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

Other Gun Laws inthe United States:

Omnibus Crime Control and Safe Streets Act of 1968

Author — Wed, 03 Mar 2010 06:34:00 +0000

The Omnibus Crime Control and Safe Streets Act of 1968 (Pub.L. 90-351, June 19, 1968, 82 Stat. 197, 42 U.S.C. § 3711) was legislation passed by the Congress of the United States that established the Law Enforcement Assistance Administration (LEAA). Title III of the Act set rules for obtaining wiretap orders in the United States. It has been started shortly after November 22, 1963 when evidence in the assassination of President John F. Kennedy increased public alertness to the relative lack of control over the sale and possession of guns in America.

The Omnibus Crime Bill also prohibited interstate trade in handguns, increased the minimum age to 21 for buying handguns, and established a national gun licensing system.[2] This legislation was soon followed by the Gun Control Act of 1968, which set forth additional gun control restrictions.

Other Gun Laws inthe United States:

National Firearms Act (1934)

Author — Wed, 03 Mar 2010 05:28:00 +0000

The National Firearms Act ("NFA"), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted 1934-06-26, currently codified as amended as 26 U.S.C. ch.53, is an Act of Congress passed in 1934 that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those NFA. The Act was passed shortly after the repeal of Prohibition. The NFA is Title II of the federal firearms laws. The Gun Control Act of 1968 ("GCA") is Title I.

All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that transport of the NFA firearms across state lines by the owner must be reported to the ATF.

Other Gun Laws inthe United States:

Gun Laws and Info

Author — Tue, 02 Mar 2010 18:42:00 +0000

State Gun Laws, Background Checks and Important Gun Ownership Information

As stated by the second amendment which was written down by thefounding fathers of the United States, each citizen is given the right to keepand bear arms. There is a huge controversy on its interpretation and whether ornot we should take the statement literally.

One thing is for sure, all of ushave a right to bear arms, but like all our other rights, there should be boundariesand limits. This is where Sensible Gun laws come in.

United States Gun Laws

Click Here to Check for Gun Laws by State

State Gun Laws, Background Checks and Important Gun Ownership Information

Author — Mon, 01 Mar 2010 17:26:00 +0000

One thing is for sure, all of ushave a right to bear arms, but like all our other rights, there should be boundariesand limits. This is where Sensible Gun laws come in.

Several laws andregulations have been enacted to protect our rights, ensure safety throughoutour community, and to prevent guns and firearms from falling into the wronghands.

There are different laws in different states; some will havelaws which others don’t. Gun laws ineach state also have varying degrees of control, implementation, tolerance, andstrictness. Punishment and consequences for violation of these laws will also varydepending on the state.

Here are common gun laws and regulations implementedthroughout the different states in our country

Gun Laws inthe United States:

Common State and Local Firearms / GunRegulations:

FBI NICs Background Check requirement
Age requirement – Must be 21
State license requirement
Fingerprinting requirement
Safety training/testing requirement
Extend three-day limit for background checks
Mandatory theft reporting of all firearms
Bulk Purchase Limit
Ballistic Fingerprinting
Require micro stamping on semi-auto handguns
Mandatory reporting of lost firearms
Permit Required to purchase Ammo
Assault Weapons Banned
Large Capacity Magazine Ban
Workplace – no firearms on premises
Colleges – no firearms on premises
Law enforcement discretion when issuing CCW permits

*Regulations listed above do not apply to all states – most willhave a variation of the listed laws in effect.

Visit our Background Check and Gun Laws by State Directory for a detailed listing of gun laws for each state

As a responsible gun owner, you should be aware of the differentgun laws in your state. Aside from our firearms, information can be a greatweapon to wield to protect our rights as citizens and as Americans.

United States Second Amendment

Author — Mon, 01 Mar 2010 13:25:00 +0000

Origins and Purpose of the U.S. Second Amendment

The Second Amendment (Amendment II) to the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms. The Second Amendment was adopted on December 15, 1791, along with the rest of the Bill of Rights. The American Bar Association has noted that there is more disagreement and less understanding about this right than of any other current issue regarding the Constitution.

Documentary on the United States Second Amendment:

Origins and Purpose of the U.S. Second Amendment

Author — Mon, 01 Feb 2010 11:32:00 +0000

Text of Amendment:

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

Origins:

Having been oppressed by a professional army, the founding fathers of the United States had no use for establishing one of their own. Instead, they decided that an armed citizenry makes the best army of all. General George Washington created regulation for the aforementioned "well-regulated militia," which would consist of every able-bodied man in the country.

Controversy:

The Second Amendment holds the distinction of being the only amendment to the Bill of Rights that essentially goes unenforced. The U.S. Supreme Court has never struck down any piece of legislation on Second Amendment grounds, in part because justices have disagreed on whether the amendment is intended to protect the right to bear arms as an individual right, or as a component of the "well-regulated militia."

Interpretations of the Second Amendment:

There are three predominant interpretations of the Second Amendment:

1. The civilian militia interpretation, which holds that the Second Amendment is no longer valid, having been intended to protect a militia system that is no longer in place.

2. The individual rights interpretation, which holds that the individual right to bear arms is a basic right on the same order as the right to free speech.

3. The median interpretation, which holds that the Second Amendment does protect an individual right to bear arms but is restricted by the militia language in some way.

FBI NICS E-Check Online

Author — Mon, 20 Jul 2009 09:25:00 +0000

The FBI Instant Criminal Background Check Online Service

The Federal Bureau of Investigation has recently launched its new online gun background check system called the NICS E-Check. It is made available to Federal License Holders buying and selling firearms, explosives, and high caliber weapons.

The service is part of the successful gun control law started by the Brady Gun Control Act, the service is free for FLL holders, and provides instant background checks for gun purchasers with fast notification of approval or denial through high speed searches within the FBI criminal database.

The only requirement is to fill out a form on the site, as well as installing an online certificate within an FLL card holder’s computer with which he wants to conduct the searches from. This can be done on any computer system that has access to the internet.

NICS E-Check

This function enables FFLs to initiate an unassisted NICS background check for firearm transfers via the internet. The NICS Section ensured that security was a priority during the development and implementation of the NICS E-Check. The NICS E-Check is monitored 24 hours a day, 7 days per week, for misuse and unauthorized access. In addition, the NICS E-Check denies access to any individual whose identification is not known to the system.

Additional Information

For additional information pertaining to the NICS E-Check or the system’s availability in your state, you may contact the NICS Section via 1-877-444-6427 (select option three) or access the NICS E-Check Web site.

NICS E-Check E-mail Address:
echeck@leo.gov
NICS E-Check Web Site:
www.nicsezcheckfbi.gov

Gun Background Checks and The Brady Act

Author — Wed, 24 Jun 2009 05:25:00 +0000

Thanks to his desire to impress a young actress, in March of 1981, John Hinckley attempted to assassinate then President Ronald Reagan using a legally licensed gun he had been able to easily purchase, despite the fact that he had been institutionalized for mental problems several times in the past and had previous firearms related arrests.

Fortunately he did not succeed, but James Brady, Reagan's White House Press Secretary was seriously wounded and remains disabled to this day. Hinckley was found not guilty by reason of insanity.

The Brady Gun Background Check Act was enacted in the former press secretary turned gun control advocates name in 1994, and its major provision is that anyone wishing to purchase a firearm must undergo a gun background check before being allowed to do so. Gun background checks must be performed by anyone selling a firearm in any state in the Union.

A gun background check can be performed most easily by accessing the National Instant Criminal Background Check System, which is run by the Federal Government. The system is available to licensed gun dealers and pawnbrokers seven days a week, and on every day of the year except Christmas and Thanksgiving.

The Brady Bill also clearly established what persons are not to be allowed to purchase a firearm. These are

Convicted Felons or those under indictment for a felony
Known fugitives from justice in any state
Individuals who were dishonorably discharged from military service.
Unlawful drug users and convicted drug addicts or dealers
Individuals who have ever been involuntarily committed to a mental institution or have been legally declared mentally incompetent
Illegal aliens, and those legal aliens who are admitted to the United States on a non immigrant visa, such as a temporary work permit or student visa
A person who has officially renounced their American citizenship.
Persons convicted of misdemeanor domestic violence offences
Someone under certain domestic violence restraining orders

The law requires that a gun background check should use the NICS system to be conducted upon those wishing to purchase both a long rifle and/or hand gun. Once someone has been disallowed from purchasing a firearm based upon the results of a gun background check this information is added to the NICS database so that in the future a gun dealer can see straight away that the person attempting to buy a firearm is not legally entitled to do so.

The penalties for those people who do sell restricted firearms to disqualified individuals have become very harsh since the enactment of the Brady Bill so to expect a reputable dealer to bypass the required gun background check to make a quick sale is unreasonable and unrealistic. The legal penalties are equally harsh for qualified individuals who purchase a firearm that they then provide to an unqualified person, whether money exchanges hands or not.

The need for gun background checks does not extend to all firearms purchases though. Certain private transactions are exempt and a gun classified as a "curio or relic" is also exempt. To be classified as a "curio" the piece must be over fifty years old.

FBI National Instant Criminal Background Check System

Author — Wed, 24 Jun 2009 03:30:00 +0000

The National Instant Criminal Background Check System has been an established and aggressive plan to help improve the safety of the general public, cut down on crime, and keeps guns, weapons, and explosive materials out of the hands of those with the high risk potential to use them inappropriately. Thanks to the FBI National Instant Criminal Background Check guns have been kept out of dangerous hands and thus it is believed that thousands of crimes have been thwarted before they even began.

Some would make the argument that the National Instant Criminal Background Check System (NICS) encourages weapons on the street making their way into the hands of those who are determined to commit crimes without the convenience of being able to check the gun's registration. This is some pretty intense conjecture considering that more than 75% of those who are on the rejection list are on there for mental instability and are not able to procure an illegal weapon on the street. Therefore, it is much more likely that the program is a crime prevention plan that helps keep guns out of the hands of those who intend to use them for crime, and these are usually deadly crimes.

Do programs like the National Instant Background Check violate our right to bear arms? It is an interesting argument that many have tried to take on, without success of course. The right to bear arms is a right that can be violated by one's own actions. Rights are not certain when there is just cause to refuse a right, as the courts have agreed upon. There are very simple requirements that must be met in order to exercise one's right to bear arms. There are many people that feel that taking away amendment rights based on mental stability is a violation of amendment rights. This is in fact a number of attorneys have taken on through the court system and the courts have upheld the terms of the FBI National Instant Criminal Background Check.

The state of Virginia has been a leader in providing criminal records and mental health records to the program in an attempt to become proactive in the fight against illegal weaponry acquisition. Individuals can be denied for a number of reasons. The names of individuals are submitted to the Nation Instant background Check System upon being sentenced to a crime, including probation, upon being committed to a mental health facility by a court, and upon being a known member of a gang or criminal affiliation.

While there will always be a certain amount of controversy surrounding the National Instant Criminal Background Check System (NICS) despite the fact that it has been proven to work. There will always be individuals that make it to the denial list without sufficient cause, although those numbers are very small and can generally be proven in court. There are no foolproof systems but the NICS system is about as foolproof as it can get under the current checks and balances of rights and public safety considerations.

National Instant Criminal Background Check Objectives

Author — Tue, 23 Jun 2009 03:25:00 +0000

The objective of the National Instant Criminal Background Check System (NICS) is a straightforward attempt to prevent those who do not qualify for the purchase of a firearm or explosive to be able to purchase a weapon. There are state and federal requirements that a potential arms bearer must meet, and once they fail to meet those requirements, their name goes on a denial list. This list is known as the National Instant Criminal Background Check System.

The system was developed as a means of national communication to prevent the unauthorized purchased of a firearm or explosive by a known criminal or a serious risk to society. Before the development of the National Instant Criminal Background Check System there was a high risk that those on the denial risk could cross state lines and make a purchase when denied a firearm in their home state. Having instant access to a national database has kept firearms and explosives away from those who most likely intend to do great harm with them.

There are recourses available for those who fail to pass the National Instant Background Check, although few cases have been won. There is a specific criterion for inclusion on the list and that criterion is quite black and white. For instance, if you have plead guilty or no contest to a criminal act even if in fact you were not actually culpable for the act, your name would still end up on the denial list. You simply fit the criteria that the federal government has set in place. No contest pleas are not an admission of guilt but are a consenting agreement that the prosecution has enough evidence to discourage your chances with a jury. Whether or not you are actually guilty of committing the criminal act has no bearing on the fact that your name will be added to the National Instant Criminal Background Check System and you will be denied the purchase of a firearm.

There is nothing unconstitutional about the National Instant Criminal Background Check System (NICS) despite numerous attempts to claim that it is. In the United States, people maintain the right to bear arms until they perform an action that causes the government to believe that they might be a danger to society should they receive a firearm. Being arrested for the failure to pay a parking ticket is huge annoyance, but will not land you on the NISC list. Rather, being arrested for fleeing to avoid apprehension just very well might if you are armed or you put others in danger during the pursuit.

The government does a short review of criminal and mental health cases in order to determine the correct candidates for the denial list for the National Instant Criminal Background Check. This short review includes evaluation of the accused criminal act or mental health diagnosis and a brief review of the final outcome. It does not involve an in depth study of the facts of the case.

National Instant Criminal Background Check Process

Author — Tue, 23 Jun 2009 03:06:00 +0000

Anyone who wishes to purchase a firearm or an explosive device must first pass the National Instant Background Check System (NICS) in order to complete their purchase. While most firearms dealers still need to place a quick phone call to the NICS toll free number to complete their instant check, computer access is just around the corner.

It is the hope of the National Instant Criminal Background Check System that dealers will simply be able to verify a few facts like the applicant’s social security number and the driver’s license through a computer database and receive instant feedback on the applicant’s eligibility.

The National Instant Criminal Background Check process does not currently take very long, and some anti—violence groups protest to instant background checks taking the place of the seven day waiting period. The right to bear arms group’s claim that the instant background check system will prevent violators from being able to purchase firearms more effectively than the seven day waiting period.

There is a concern that the National Instant Criminal Background Check System has failed to attack problems within the gun show industry. In many states the gun show participants are permitted to buy and sell firearms on the spot. On several different occasions, news crews have been able to enter gun shows with hidden cameras and purchase firearms without any form of identification, for a price of course. This has some questioning the value of systems like the National Instant Criminal Background Check System (NICS) if it is not even always necessary to check said systems.

Fortunately for those who are looking for better enforcement of the NICS these issues are being addressed and many gun retailers have found themselves in significant trouble with the law, their gun licenses revoked, and their stock confiscated for selling weapons illegally. While the system is not entirely foolproof as of yet, it is definitely the closest thing the United States has t prevent potentially violent individuals from purchasing guns to perpetrate more violence. It is working better than the seven day waiting period and it is closing the gap between federal guidelines and individual compliance.

At this time most people who are in the denial list are unaware of their status. A great number of people are surprised to find that their first firearm purchase attempt is thwarted by the National Instant Criminal Background Check System. The process for applying is as simple as proving your identity with a photo identification and a social security number. Because the denial list includes individuals with a mental health history, many Americans are appealing their status for seeking out help or for receiving help when they needed it. There is some debate on whether or not an individual assigned to the denial list for mental health reasons should be forced onto the list for life, for a period of a few years, or not at all. While this topic is being debated a higher number of individuals denied access to firearms for mental health issues have appealed their inclusion on this list versus those who are on it for criminal offenses.

Background Check News

Author — Sun, 21 Jun 2009 05:12:00 +0000

Criminal Background Check News and Updates

PA School Background Check Challenged

HARRISBURG, Pa. - A recently renewed Pennsylvania law is now being challenged by school employees who has had some past run-ins with the law, and specially those who has had a criminal records. The new law states that any current school ...
New Background Check Bill Passed for Safer Mentoring Programs

Passed and written by Rep. Joseph M. McNamara (D-Dist. 19, Warwick, Cranston) and passed today, House bill (2012-H7077)will make national and state criminal background check a requirement for anybody participating or applying to join in any...
Flaws in FBI Background Check System Fail to Flag Purchases

Like many states, Maine depends on the FBI to conduct background checks of people who want to acquire firearms from the state's federally licensed gun dealers. And like many states, Maine is a slacker in supplying the records that the FB...
Potential New Gunman Reported at Virginia Tech

Update 10:31 a.m. - August 4, 2011 Virginia Tech is in lockdown as authorities look for a man three youths said may have had a weapon, possibly a handgun. The white male was described as having light brown hair and being 6 feet tall and was ...
Arizona Suspected Gunman Passed FBI Criminal Background Check

Representative Gabrielle Giffords, an Arizona Democrat, and at least 17 others were shot on January 8, 2011, Saturday morning when a gunman opened fire outside a supermarket where Ms. Giffords was meeting with constituents. Ms. Gifford...
Osama Bin Laden is Dead, President Obama Announces

Osama Bin Laden is dead, President Obama announced Sunday night, in a televised address to the nation. His death was the result of a U.S. operation launched today in Abbottabad, Pakistan, against a compound where bin Laden was believed to...
Arizona Governor Vetoes Birther and College Campus Gun Bill

PHOENIX (Reuters) - Arizona's Republican Governor Jan Brewer on Monday vetoed two controversial bills, one mandating proof of U.S. citizenship to run for president, the other allowing guns on college campuses, in a clear setback for conse...
President Obama Calling for Better Gun Sale Background Checks

The Second Amendment and court precedent guarantee an individual's right to bear arms, but improved and expanded background checks are needed to prevent gun violence like the shocking attack in Tucson in January, President Obama wrote in a...
American Love of Firearms Continues as Gun Sales Continue to Climb

NEWTOWN, Conn --(Ammoland.com)- The January 2011 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 784,856 is an increase of 9.7 percent over the NSSF-adjusted NICS figure of 715,309 in January 2010. ...
Gun Control Background Checks 10 years after Columbine

The mention of Columbine still strikes fear and brings back memories of the awful tragedy that befell on the victims on that fateful day. It is also now synonymous as being the worst school shooting incident in American history. Colo...
Unemployment Gives Rise to New Job Scams

The global recession and continually growing unemployment rate spells disaster for most of us. Unfortunately it is also opens up opportunities for identity thieves and scammers. Like vultures, these people like to prey on the desperate and the...
More than 800 Firearm Buyers on Terrorist Watch List Approved to Buy Guns

WASHINGTON - The FBI Instant Criminal Background Check System (NICS) uses a terrorist watch list along with its other factors for screening potential firearm buyers. An updated report shows that the terrorist watch list contains 400,000 peo...
Gun Range Suicides Prompt Gun Rental Background Checks

Orlando, Florida - On July 1st 2009, Wednesday, a 43-year-old man went inside an Orange County gun range and rented a gun for target practice. Valentin Pepelea proceeded to fire a few shot before pulling the trigger on himself at around 6:40...
Justice Department Funds Set to Improve Brady Background Checks

WASHINGTON - September 14 - The U.S. Justice Department’s announcement yesterday of almost $17 million in grants to eight states to improve their Brady background check systems were made possible by legislation passed by Congre...
Firearm Criminal Background Check could have Prevented McNair Shooting

Nashville, Tenn. – Recently abuzz on news papers and news networks is the death of former NFL quarterback Steve McNair and his 20-year-old girlfriend found dead by his side. McNair was shot four times, twice in the head and twice on h...

FBI NICS Check Information

Author — Sun, 21 Jun 2009 03:02:00 +0000

Gun Background Check Denial Appeals Process

NICS Section Information

Customer Service:
1-877-444-NICS (6427)

NICS Section Information
Facsimile:
1-888-550-6427

Telecommunications Device for the Deaf (TDD):
1-877-NICS-TTY

NICS Web Site:
http://www.fbi.gov/hq/cjisd/nics.htm

Gun Control Background Checks 10 years after Columbine

Author — Sat, 20 Jun 2009 06:12:00 +0000

The mention of Columbine still strikes fear and brings back memories of the awful tragedy that befell on the victims on that fateful day. It is also now synonymous as being the worst school shooting incident in American history.

Colorado – April 20, 1999. Students Eric Harris and Dylan Klebold went on a rampage and killed 12 students including a teacher. They were armed with guns, pipe bombs, Molotov cocktails, and had propane bombs set up around the school. They later killed themselves forty-five minutes after the massacre began. It was later discovered that they obtained three of their weapons from an 18-year-old acquaintance at a gun show, where their friend was not subjected to any background checks.

The incident then sparked a national debate on gun control, and later resulted in mandatory background checks for purchases at gun shows. The "Gun show loophole" was one of many ways Americans could acquire firearms without the hassle of background checks and rid of any waiting time.

Shorty after Columbine, Colorado voters passed a ballot to close the "Gun show loophole" and required dealers to run criminal background checks to purchasers as they would if they were buying at retail stores, but even with the legislation approved there were still ways for potential gun buyers to purchase firearms at gun shows without going through background checks. Some patrons of these gun shows sometimes bring their own guns for sale and sell them to other attendees in private deals not involving any licensed dealer, therefore escaping any background checks that are supposed to be mandatory for any purchase.

A rally was held Monday to commemorate the 10th year anniversary of the incident. The event was sponsored by Colorado Ceasefire, a gun control group. The group is pushing for stricter gun controls laws as well as the strict implementation of current law specifically the mandatory background checks on purchases made at gun shows.

The Brady Campaign, also a gun control group is lobbying for stricter gun control laws. Numerous other groups have also come into being following the Columbine incident and the massacre two years ago at Virginia Tech where 32 people were killed by a lone gunman. A recent report has also shown that 32 people die in gun/shooting related incidents every day in America.

Unemployment Gives Rise to New Job Scams

Author — Fri, 19 Jun 2009 06:17:00 +0000

The global recession and continually growing unemployment rate spells disaster for most of us. Unfortunately it is also opens up opportunities for identity thieves and scammers. Like vultures, these people like to prey on the desperate and the needy.

In the past, most Job scams were unsophisticated and transparent that only the gullible would fall prey to. Most savvy job seekers would easily spot these scams that offer ridiculous salaries for little or no effort at all. A little company background check usually reveals these types of scams.

But recently scammers have been pulling out all the stops, and are developing trickier and more sophisticated ways to bait helpless individuals into their web of deceit.

Some of the trickiest new job scams to look out for are:

Payment Forwarding Scam

Scenario: You are contacted via phone or professional email by a US payment processing firm representing a foreign client. They probably got you information from an email or a resume you posted online.

Your so called “job” is to forward payments from US customers to the fake company’s overseas client, this will be from purchases made on eBay or on the clients own website. You will be required to send them the payment thru pay-pal, western union, wire transfers or thru sending checks by mail. A percentage of the payments transferred will be your commission or cut for your efforts.

This might sound like a great gig, but after a few weeks, expect a phone call or a visit from the police because US customers have not been receiving the items they purchased.

By using you to forward payments, the scammers can then supply their victims with a US address to gain their trust. If you are caught participating in this sort of scam, it is possible for you to be prosecuted or sued and you might end up in jail.

Background Check Scam

Scenario: Recently you applied for a job, posted you resume online or perhaps replied to a wanted ad online, you are then called up by the company’s human resource or recruitment department.

You are told that you might be what they’re looking for; you just need to submit to a routine employment background check for you to proceed to the second interview.

They then ask for your social security number and permission to run a background check, which most companies can legitimately and will routinely do. After a few days you call up the company and they say that they have never heard of you or that the person you spoke with doesn’t work there at all.

Always be wary of phone calls asking you for your social security number or other personal information. Do a little background checking yourself whether it be online or by calling the company’s numbers to make sure they exist or not.

Travel Discount Scam

Scenario: You are called by a scammer pretending to be a large or familiar company’s human resource representative. You are told that they found your resume online or from a headhunter and they require you to come in for an interview immediately. This company’s is usually on a different state or overseas.

They will then inform you that unfortunately they will not shoulder your travel expenses but will tell you that you can avail of their discounted corporate airfare if you purchase you ticket via the company’s travel department.

You are then asked for your credit card information or to wire in a payment. Then they ask for your number so they can call you back with your ticket and flight information. But you never get that call back.

You phone the company but they say they never heard of you or of the name of the person who you spoke with.

Before giving out information, it is good to do some investigating and background checking yourself to see if the company is legit. You could also ask to give them a call back before giving the person your information so you can make other phone calls to make sure that the person is indeed representing the company.

More than 800 Firearm Buyers on Terrorist Watch List Approved to Buy Guns

Author — Thu, 18 Jun 2009 14:38:00 +0000

WASHINGTON – The FBI Instant Criminal Background Check System (NICS) uses a terrorist watch list along with its other factors for screening potential firearm buyers. An updated report shows that the terrorist watch list contains 400,000 people according to the FBI, but they do not out right deny any application just because a purchasers name is on the list.

In the last five years more that 800 firearm purchasers were approved to buy guns even though their names appear on the terrorist watch list. A report from the associated press mentioned that simply being on the watch list does not automatically disqualify a person from purchasing firearms. Under the Brady Gun Background Check Law, being on the watch list is not part of the nine factors for disqualification, like felony convictions and mental disabilities.

Between February 2004 and February 2009 more than 900 gun background checks with names showing up on the watch list were conducted, and out of the 900 only 98 applications were denied and the rest approved. The List is maintained by the FBI and used by local, state, and federal agencies, it is used as a reference to identify suspected terrorist within the population. This number of approved purchases has raised concerns from gun safety and second amendment advocates, stating the use and significance of having such a list and not properly using it.

Another issue that is met with much debate is the number of names the list contains. Over the past two years, there had been applications filed by at least 830 people who believe they have been listed by mistake. Worse of all, you cannot confirm if you are on the watch list unless you purchase a firearm yourself and go through standard background checks to find out. They also do not disclose how a person's name ends up on the watch list. Been to any rallies lately? It just might get you on the list!

Gun Range Suicides Prompt Gun Rental Background Checks

Author — Wed, 17 Jun 2009 08:06:00 +0000

Orlando, Florida – On July 1st 2009, Wednesday, a 43-year-old man went inside an Orange County gun range and rented a gun for target practice. Valentin Pepelea proceeded to fire a few shot before pulling the trigger on himself at around 6:40pm. Employees and witnesses told reporters that the man was a regular, and never caused any problems with anyone at the range.

Rieg's Gun Range is on South Orange Blossom Trail, and the shooting is the fourth incident and the third gun range suicide in Florida since April where a woman shot her 20-year-old son and then killed herself at a Casselberry shooting range.

The other incident was at the same Casselberry range where a 26-year-old Jason McCarthy killed himself with a 9mm rented handgun. The first incident was a failed suicide attempt on June at another Orange County gun range.

There are no current laws or regulations that require a person to undergo background checks before renting a firearm in any of the 50 states. The only requirement is an ID.

The recent incident has raised concerns about the gun ranges and establishments readily renting guns to anyone without checking on their mental or criminal backgrounds. Currently Florida Gun Ranges are already petitioning for legislators to pass a law mandating background checks for people renting firearms, and allowing these ranges to access government databases to conduct instant background checks.

The Casselbury gun range where most of the suicides occurred are now looking at running instant background checks by employing a third party firms services, and are no longer renting firearms since the july incident. Other Florida gun ranges no longer rent out firearms to individuals but only to parties of two or more, they would also require an ID copy of a family member and their phone number before being allowed to possess the firearm.

Federal law does not mandate these requirements, but since the incidents, gun ranges have made their own regulations regarding gun rentals. Many second amendment advocates see's these regulations as a threat to American's rights to bear arms, despite the current suicides.

Justice Department Funds Set to Improve Brady Background Checks

Author — Tue, 16 Jun 2009 10:23:00 +0000

WASHINGTON – September 14 – The U.S. Justice Department’s announcement yesterday of almost $17 million in grants to eight states to improve their Brady background check systems were made possible by legislation passed by Congress in December 2007 and signed by President George W. Bush in January 2008 following the Virginia Tech massacre in April 2007. A number of families affected by those shootings personally urged enactment of this law, along with the Brady Campaign.

Although a Virginia court had found him to be dangerously mentally ill, the Virginia Tech shooter passed two Brady background checks because Virginia had not submitted the appropriate record to the FBI’s National Instant Check System (NICS).

Seven of the eight states (Idaho, Illinois, New Jersey, New York, Oregon, Texas, and Wisconsin) that were announced as grant recipients yesterday had submitted very few records of mental health adjudications to the NICS at least through November of 2008, according to an update the Justice Department released to the Brady Campaign in January 2009. Only Florida, which receives a $3,159,228 grant, had submitted a significant number of those records since 2001. The other seven states receiving grants had submitted fewer than 40 records combined as of November 2008.

“We commend the Justice Department for getting critical funds to these states to improve their Brady background record submissions. States overall have done a very poor job of submitting records of dangerously mentally ill persons who shouldn’t be allowed to purchase firearms,” said Paul Helmke, President of the Brady Campaign. “As a result, dangerous people who shouldn’t pass Brady background checks to purchase guns are passing those checks and getting armed.”

Since the Virginia Tech shootings, 12 states – Arkansas, Illinois, Maine, Minnesota, New York, North Carolina, Oregon, Pennsylvania, Texas, Washington, West Virginia and Wisconsin – have enacted legislation to improve their reporting. Two Governors – Virginia’s Tim Kaine and Maryland’s Martin O’Malley – have signed executive orders to improve their states’ performance on record submission. Six states submitted a large number of records to NICS in either 2007 or 2008: Arizona, Connecticut, Georgia, Missouri, and Ohio, as well as Florida.

In 2009 $10 million was appropriated by Congress, but only three states – Nevada, New York and Oregon – qualified for grants, totaling just over $2.5 million.

The NICS Improvement Amendments Act was championed by New York Congresswoman Carolyn McCarthy long before the Virginia Tech tragedy. It gives states funding incentives to improve record submission to the Federal National Instant Criminal Background Check System so that people prohibited from purchasing firearms will not be able to pass their Brady background checks. After the Virginia Tech tragedy, Representative McCarthy, joined by U.S. Senator Charles Schumer (D-NY), successfully pushed bills through the House and Senate with broad bipartisan support.

Firearm Criminal Background Check could have Prevented McNair Shooting

Author — Tue, 16 Jun 2009 08:00:00 +0000

Nashville, Tenn. – Recently abuzz on news papers and news networks is the death of former NFL quarterback Steve McNair and his 20-year-old girlfriend found dead by his side. McNair was shot four times, twice in the head and twice on his chest, while his girlfriend died of a single gunshot on the side of her head. They were both found dead on a downtown Nashville condominium leased by McNair and close friend Wayne Neeley.

Police are yet to determine if this was in fact a murder suicide. The gun that was used was a firearm purchased by McNair's girlfriend, Sahel Kazemi, from an unnamed private seller.

Investigators have yet to identify or name the private seller. Sahel Kazemi was not yet of legal age to buy a firearm from a licensed gun store, and if she did, she would have failed the background check that would be required to purchase guns.

Current gun background check loopholes, like purchasing from private sellers, have not really been given much attention. Had background check and gun control laws been strictly implemented, the waiting time and background check on Kazemi could have prevented the alleged murder suicide.

McNair is married and his death leaves his four children fatherless. Police and detective have yet to provide solid evidence to determine that the shooting was a murder homicide brought about by a lover's quarrel gone wrong or perpetrated by a third party assailant.

One thing is clearly determinable, McNair's death was a homicide, but the death of his Kazemi is yet to be determined. Uncovering the truth will follow after thorough investigation, autopsies and ballistic tests.