Gun laws in the United States (by state)
   HOME

TheInfoList



OR:

Gun laws in the United States regulate the sale, possession, and use of
firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...
s and
ammunition Ammunition (informally ammo) is the material fired, scattered, dropped, or detonated from any weapon or weapon system. Ammunition is both expendable weapons (e.g., bombs, missiles, grenades, land mines) and the component parts of other we ...
. State laws (and the laws of the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle (Washington, D.C.), Logan Circle, Jefferson Memoria ...
and of the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws. Forty-four states have a provision in their state constitutions similar to the
Second Amendment The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds each ...
of the U.S. Constitution, which protects the
right to keep and bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment. Additionally, the U.S. Supreme Court held in '' McDonald v. Chicago'' that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions. Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to
concealed carry Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (usually a sidearm such as a handgun), either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's pr ...
permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun. In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...
'' immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law as per the U.S. Supreme Court's ruling in '' Printz v. United States''.


Common subjects of state laws

Firearm related matters that are often regulated by state or local laws include the following: * Some states and localities require that a person obtain a license or permit in order to purchase or possess firearms. * Some states and localities require that individual firearms be registered with the police or with another law enforcement agency. * All states allow some form of
concealed carry Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (usually a sidearm such as a handgun), either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's pr ...
, the carrying of a concealed firearm in public. * Many states allow some form of open carry, the carrying of an unconcealed firearm in public on one's person or in a vehicle. * Some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws more restrictive than those of the state. * Some states and localities place additional restrictions on certain
semi-automatic firearm A semi-automatic firearm, also called a self-loading or autoloading firearm ( fully automatic and selective fire firearms are also variations on self-loading firearms), is a repeating firearm whose action mechanism ''automatically'' loads a fol ...
s that they have defined as
assault weapon In the United States, ''assault weapon'' is a controversial term used to define firearms with specified characteristics. The definition varies among regulating jurisdictions, but usually includes semi-automatic firearms with a detachable magaz ...
s, or on
magazines A magazine is a periodical publication, generally published on a regular schedule (often weekly or monthly), containing a variety of content. They are generally financed by advertising, purchase price, prepaid subscriptions, or by a combination ...
that can hold more than a certain number of rounds of ammunition. * NFA weapons are weapons that are heavily restricted at a federal level by the
National Firearms Act The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, was enacted on June 26, 1934, and currently codified and amended as . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufact ...
of 1934 and the
Firearm Owners Protection Act The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968. Federal firearms law reform Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Fi ...
of 1986. These include
automatic firearm An automatic firearm is an auto-loading firearm that continuously chambers and fires rounds when the trigger mechanism is actuated. The action of an automatic firearm is capable of harvesting the excess energy released from a previous discha ...
s (such as
machine gun A machine gun is a fully automatic, rifled autoloading firearm designed for sustained direct fire with rifle cartridges. Other automatic firearms such as automatic shotguns and automatic rifles (including assault rifles and battle rifles ...
s), short-barreled shotguns, and
short-barreled rifle Short-barreled rifle broadly refers to any rifle with an unusually short barrel. The term carbine describes a production rifle with a reduced barrel length for easier handling in confined spaces. Concern about concealment for illegal purposes ha ...
s. Some states and localities place additional restrictions on such weapons. * Some states have enacted
castle doctrine A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and ...
or
stand-your-ground A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes ( right of self-defense ...
laws, which provide a legal basis for individuals to use deadly force in self-defense in certain situations, without a duty to flee or retreat if possible. * In some states, peaceable journey laws give additional leeway for the possession of firearms by travelers who are passing through to another destination. * Some states require a
background check A background check is a process a person or company uses to verify that an individual is who they claim to be, and this provides an opportunity to check and confirm the validity of someone's criminal record, education, employment history, and oth ...
of the buyer when a firearm is sold by a private party. (Federal law requires background checks for sales by licensed gun dealers, and for any interstate sales.) * Some states have enacted
red flag law In the United States, a red flag law is a gun violence prevention law that permits a state court to order the temporary removal of firearms from a person who they believe may present a danger to others or themselves. A judge makes the determina ...
s that enable a judge to issue an order to temporarily confiscate the firearms of a person who presents an imminent threat to others or to themselves.


Alabama


Alaska


Arizona


Arkansas


California


Colorado


Connecticut


Delaware


District of Columbia


Florida


Georgia


Hawaii


Idaho


Illinois


Indiana


Iowa


Kansas


Kentucky


Louisiana


Maine


Maryland


Massachusetts


Michigan


Minnesota


Mississippi


Missouri


Montana


Nebraska


Nevada


New Hampshire


New Jersey


New Mexico


New York


North Carolina


North Dakota


Ohio


Oklahoma


Oregon


Pennsylvania


Rhode Island


South Carolina


South Dakota


Tennessee


Texas


Utah


Vermont


Virginia


Washington


West Virginia


Wisconsin


Wyoming


United States Territories


American Samoa


Guam


Northern Mariana Islands


Puerto Rico


U.S. Virgin Islands


See also

:''Note: Please see many links in the box at the top of the page called "Firearm legal topics of the United States of America".'' * Gun law in the United States * Index of gun politics articles


References


External links


U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives – State Laws and Published Ordinances-Firearms (32nd Edition)

National Rifle Association – State Firearms Laws

Law Center to Prevent Gun Violence – Gun Laws by State
{{DEFAULTSORT:Gun Laws In The United States (By State) * United States firearms law United States law-related lists