survey of state procedures related to firearm sales ...american samoa 64 guam 65 puerto rico 66 the...

Survey of State ProceduresRelated to Firearm Sales,Midyear 1999

U.S. Department of JusticeOffice of Justice Programs

Victim-offender relationship in violent crimes (rape/sexual assault, robbery, and assault) by sex of victim Alabama, Alaska, Arizona, Arkansas, California,

Colorado, Connecticut, Delaware, 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, American Samoa, Guam,

Puerto Rico, The Virgin Islands, Washington, D.C.

Bureau of Justice Statistics

Includes the FBI's National Instant Criminal Background Check System

BJS

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

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

Survey of State ProceduresRelated to Firearm Sales,Midyear 1999

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

March 2000, NCJ 179022

U.S. Department of JusticeBureau of Justice Statistics

Jan M. Chaiken, Ph.D.Director

Report of work performed underBJS Cooperative Agreement No.95-RU-RX-K021 awarded to theRegional Justice InformationService (REJIS), 4255 West PineBoulevard, St. Louis, Missouri63108. Contents of this documentdo not necessarily reflect the viewsor policies of the Bureau of JusticeStatistics or the U.S. Departmentof Justice.

The U.S. Department of Justiceauthorizes any person to repro-duce, publish, translate, or other-wise use all or any part of this material in this publication withthe exception of those itemsindicating they are copyrightedor printed by any source otherthan REJIS.

More information on this subjectmay be obtained from:

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

An electronic version of thisreport may be found on theInternet at:

http://www.ojp.usdoj.gov/bjs/

Introduction

History of the survey and related Bulletins 1

Survey methodology 1

Background

Brady Act provisions 2

Interim System 2

Permanent System:National Instant CriminalBackground Check System 2

State involvement in firearm sale regulation 3

Sources of additional Information 3

Firearm sales topics

Prohibited persons 4

Regulated sales 6

Permits 7

Background checks 8

Waiting periods 9

Retention of records/ registration 10

Appeals of denials 11

Jurisdictional summaries

Information in summaries 12

Federal system 13

States

Alabama 14 Alaska 15 Arizona 16 Arkansas 17 California 18

Colorado 19 Connecticut 20 Delaware 21 Florida 22 Georgia 23

Hawaii 24Idaho 25Illinois 26Indiana 27

Iowa 28 Kansas 29 Kentucky 30 Louisiana 31 Maine 32 Maryland 33 Massachusetts 34 Michigan 35 Minnesota 36 Mississippi 37 Missouri 38 Montana 39 Nebraska 40 Nevada 41 New Hampshire 42 New Jersey 43 New Mexico 44 New York 45 North Carolina 46 North Dakota 47 Ohio 48 Oklahoma 49 Oregon 50 Pennsylvania 51 Rhode Island 52 South Carolina 53 South Dakota 54 Tennessee 55 Texas 56

Utah 57 Vermont 58 Virginia 59 Washington 60 West Virginia 61 Wisconsin 62 Wyoming 63

American Samoa 64Guam 65Puerto Rico 66The Virgin Islands 67Washington, D.C. 68

Appendixes

Table 1. Applications for handgun checks processed by States, interim and permanent Brady periods 69

Table 2. Prohibited persons: Statutory Basis for denial of firearm sale or possession 70

Table 3. Agencies conducting firearm background checks under Federal or State law 71

Table 4. National Instant Criminal Background Check

System (NICS): Checkingagencies (FBI or State pointof contact) for firearm transfers 72

Table 5. Background check and permit procedures 73 Table 6. Fees, record retention

and appeals 74

Table 7. Databases accessed for firearm checks 75

Table 8. Firearm laws 76

Table 9. Laws to restore rights,regulate guns sales, and issuepermits 77

Table 10. Laws regarding background checks, waiting period, retention of sales records and appeals 78

Table 11. Revisions of regulationsand other significant changesin State firearm laws 79

State contacts for the FIST Project 82

Contents

Survey of State Procedures Related to Firearm Sales, Midyear 1999

Survey of State Procedures Relatedto Firearm Sales, Midyear 1999 isthe fourth in a series of Bureau ofJustice Statistics (BJS) reports.This report describes laws,regulations, procedures, andinformation systems related to salesand other transfers of firearms,which were in effect as of June 30,1999.

History of the survey and relatedBulletins. This national survey isproduced by the BJS FirearmInquiry Statistics (FIST) project, acomponent of the National CriminalHistory Improvement Program(NCHIP). The FIST project wasestablished in 1995 to collect datathat describes the scope of presalefirearm checks required underFederal or State law.

Three previous editions of thesurvey primarily describedprocedures related to backgroundchecks on handgun purchasers ineach of the 50 States and otherUnited States jurisdictions,especially those required by theinterim provisions of the Brady Act.(See Survey of State ProceduresRelated to Firearm Sales, NCJ160763, May 1996; Survey of StateProcedures Related to FirearmSales, 1996, NCJ 165705,September 1997; Survey of StateProcedures Related to FirearmSales, 1997, December 1998, NCJ173942.)

This updated, expanded editiondescribes procedures related totransfers of handguns and othertypes of firearms, which arerequired by the permanentprovisions (effective 11/30/98) ofthe Brady Act or State law.

Data collected and analyzed by theFIST project is also reported in BJSBulletins. Four bulletins havereported counts of firearm saleapplications/inquiries and denials

for parts of the Brady interim period.(See Presale Firearm Checks, NCJ162787, February 1997; PresaleHandgun Checks 1996, NCJ165704, September 1997; PresaleHandgun Checks, 1997, NCJ171130, June 1998; and PresaleHandgun Checks, the Brady InterimPeriod, 1994-1998, NCJ 175034,June 1999.) The most recentbulletin included cumulative countsof firearm sale applications/inquiriesand denials, and summarizedsignificant events that occurredduring the Brady interim period(02/28/94 - 11/29/98) (for furtherdetail see the Interim period sectionon page 2).

Changes in the number of firearmsale inquiries and denials, and therate of overall or specific categoriesof rejections may reflect a variety offactors, including revisions in Statelaws, policies or organization, andthe availability of differentcategories of records. The regularrelease of updated information inthese BJS documents is intended tohighlight such changes. BJSanticipates that the proceduralinformation presented in this reportwill be used with the statisticalinformation about firearm checks toprovide a more thoroughunderstanding of the impact ofpresale firearm check requirements.

Survey Methodology. Informationfor this report was collected fromhundreds of Federal, State andlocal agencies, including lawenforcement organizations,statistical analysis centers, andlegislative research bureaus.Descriptions of procedures andstatistical data were voluntarilyprovided. Data analysis andsupplementary legal research wereprovided by the Regional JusticeInformation Service (REJIS), theorganization conducting the studyunder an award from BJS.

To ensure accuracy, a copy of eachState's summary in this publicationwas forwarded to a State contact forreview, and clarifying commentswere used to refine the summary.

Consistent with privacy protectionprocedures, the informationcollected did not disclose theidentity of any individual involved ina firearm transaction. Additionally,the software provided to helpagencies submit statistical datacontains a purging mechanism thatdestroys data in accordance withapplicable Federal or State law.

Introduction

Survey of State Procedures Related to Firearm Sales, Midyear 1999 1

Brady Act Provisions. The FederalGun Control Act (GCA), as codifiedat 18 U.S.C. 922, prohibits thetransfer of any firearm to any personwho &y is under indictment for, or has

been convicted of, a crimepunishable by imprisonment formore than 1 year

y is a fugitive from justicey is an unlawful user of or

addicted to any controlledsubstance

y has been adjudicated as amental defective or committed toa mental institution

y is a juvenile (less than 18 yearsof age for long guns and lessthan 21 years of age forhandguns)

y was discharged from the armedforces under dishonorableconditions

y has renounced United Statescitizenship

y is subject to a court orderrestraining him or her fromharassing, stalking, orthreatening an intimate partneror child

y has been convicted in any courtof a misdemeanor crime ofdomestic violence,

y is an alien unlawfully in theUnited States, or

y is an alien admitted to theUnited States under anonimmigrant visa.

The Brady Act, PL 103-159 (107Stat. 1536), amended the GunControl Act of 1968 (GCA), 18 U.S.CChapter 44, and included interimand permanent provisions.

Interim SystemFrom February 28, 1994, untilNovember 29, 1998, the interimprovisions of the Brady Act, 18U.S.C. 922(s), prohibited sale of ahandgun by a Federal Firearms

Licensee (FFL) for up to five days oruntil the licensee had been advisedthat, based on a background check,a prospective purchaser was notprohibited under Federal or Statelaw. Checks were conducted by theChief Law Enforcement Officer(CLEO) of the jurisdiction where thelicensee operated. Thirty-two States(called "original Brady States") andPuerto Rico were required to followthe review procedures set forth inthe interim provisions when theybecame effective.

The interim provisions of the BradyAct also allowed States withprohibitory statutes comparable toFederal law to follow a variety ofalternative procedures.

State laws that qualified under thesealternatives required that before anylicensee completed the transfer of ahandgun to a non-licensee, agovernment official verified thatpossession of a handgun by thetransferee would not be a violation oflaw. These "Brady-AlternativeStates" generally employed either an"instant check" or a "permit or otherapproval-type" system, asdesignated by the Bureau of Alcohol,Tobacco and Firearms (ATF).

By the end of the interim period, thenumber of States following the BradyAct review procedures, rather thanalternative State statutes, haddropped to 23 (called "BradyStates").

Permanent System:National Instant CriminalBackground Check System. Thepermanent provisions of the BradyAct, 18 U.S.C. 922(t), requiredestablishment of the National InstantCriminal Background Check System(NICS) by November 30, 1998. TheU.S. Department of Justice, with theStates, developed the system during

the 57-month interim Brady Actperiod.

The Act allows a licensee to contactthe system by telephone or otherelectronic means for information, tobe supplied immediately, on whetherreceipt of a firearm by a prospectivetransferee would violate Federal orState law.

In addition to regulation of handgunsales, the Brady Act, under itspermanent provisions, mandatesthat licensees request backgroundchecks on long gun purchasers and persons who redeem a pawnedfirearm. Licensees have the optionof requesting a NICS check onpersons who attempt to pawn afirearm.

Prospective transferees undergo aNICS check requested by a dealeror present a State permit that ATFhas qualified as an alternative to thepoint-of-transfer check. Qualifyingpermits are those which:

1) allow a transferee to possess,acquire or carry a firearm, and

2) were issued not more than 5years earlier by the State in whichthe transfer is to take place, afterverification by an authorizedgovernment official that possessionof a firearm by the transferee wouldnot be a violation of law.

A permit issued after November 30,1998, qualifies as an alternative onlyif the information available to theState authority includes the NICS.

Prior to transferring a firearm subjectto the permanent Brady require-ments, a licensee must receive acompleted Firearm TransactionRecord (ATF Form 4473) and verifythe transferee's identity through agovernment-issued photoidentification. The transferee may

Background

2 Survey of State Procedures Related to Firearm Sales, Midyear 1999

also be required to complete a Statedisclosure form.

A licensee initiates a NICS check bycontacting either the FBI or a pointof contact (POC) agency designatedby State government. The FBI orthe POC checks Federal and Statedatabases and responds with anotice to the licensee that thetransfer may proceed, may notproceed, or is delayed pendingfurther review of the transferee'srecord. If further review of a recordindicates the transfer would notviolate Federal or State law, thechecking agency notifies thelicensee that the transfer mayproceed. If the licensee does notreceive a response within threebusiness days, the transfer mayproceed.

All NICS checks by the FBI arewithout charge; POC fees aredetermined by State law.

Under FBI regulations, personsprohibited from purchasing a firearmmay request the reason for denialfrom the denying agency (FBI orPOC), which has 5 business days torespond. The applicant may thensubmit information to correct therecord on which the denial wasbased and may be required tocontact the agency where the recordoriginated.

As an alternative, the applicant'schallenge to the record can bedirected to the FBI, which willcontact the denying agency or thesource of the record. Personsdenied by a POC may also haveappeal rights under State law.

State involvement in firearm saleregulation. Each State determines its involvement in the NICS process.Three basic forms of Stateinvolvement currently exist:

1) a POC requests a NICS check onall firearm transfers originating in theState;

2) a POC requests a NICS check onall handgun transfers; licensees inthe State are required to contact theFBI for approval of long guntransfers; or

3) the State does not maintain apoint of contact (POC); licenseesare required to contact the FBI forNICS checks on all firearm transfersoriginating in the State.

Participation in the NICS by POCagencies includes conductingchecks on persons who apply forState permits. In a few States, theFBI conducts the NICS check oncertain pawn transactions instead ofthe POC.

Most States have designated asingle agency as their NICS point ofcontact; some States have multiplepoints of contact.

The background check requirementsof the Brady Act are the prevailingminimum for all States. SomeStates have enacted more stringentrequirements. The NICS processdoes not automatically supplantState firearm sales regulations.State background check and permitstatutes that existed before theeffective date of the NICS remain inforce unless repealed by legislativeaction or allowed to expire.

The POC agencies conduct anychecks and issue any permitsrequired by State law in addition tofollowing procedures mandatedunder the NICS. The POC agenciesalso conduct most checks requiredby State laws; however, purchasersin six States are required to undergoa State check and a NICS check bydifferent agencies (Table 5). Ifagencies that conduct checks underState law are unable to access the

NICS Index, licensees in that Stateare required to contact the FBI forthe NICS check. Thus, prospectivetransferees in some States arerequired to undergo a permit orpoint-of-transfer check by a Stateagency and a NICS check by theFBI.

Sources of additional information .Regulations applicable to theoperation of the NICS have beenpromulgated by the FBI (28 Code ofFederal Regulations (CFR) 25) andATF(25 CFR 178). Furtherinformation on Federal law andBJS-related publications is availablefrom the following Internet sites:

ATF: http://www.atf.treas.gov/core/firearms/firearms.htm

FBI: http://www.fbi.gov/programs/nics/index.htm

BJS: http://www.ojp.usdoj.gov/bjs/


Prohibited persons State laws

Many States have enacted similar oradditional prohibitions. The mostcommon categories of prohibitedpersons are described below. Thenumber of States that have enactedprohibitions in each category is listedin parentheses (also see table 2).

The Federal Gun Control Act'scategories of prohibited personsare the prevailing minimum for allStates. State statutes may includedmore restrictive prohibitions (seeBackground for Federal categoriesof prohibited persons).

Felons (48 States) - Althoughstatutory definitions vary widely,legislation in 48 States prohibitsfirearm purchases by at least somecategories of felons. Prohibitionsmay include persons arrested orindicted for, or convicted of, a felony.Some States disqualify all felonsfrom firearm possession. OtherStates disqualify persons whocommitted specific felonies, whichmay be enumerated in a statute orcategorized by terms such as"crimes of violence," "seriousoffenses" or "firearm offenses."Many States extend the prohibitionto persons convicted of a felony or asimilar offense in other jurisdictions.Only Vermont lacks a statute thatbars firearm possession by felons.Tennessee does not have a statutethat lists disqualifying State felonies,but prohibits transfer of a firearm toa person ineligible under Federallaw.

A criminal offender's ineligibility topossess a firearm may betemporary. Nearly all States allow atleast some offenders to regainpossession rights by executivepardon, court order, administrativeproceeding or the passage of acertain number of years after

conviction or discharge from asentence without further violations.Many States require several stepsbefore rights are restored. Forexample, persons who obtain apardon or maintain a clean recordfor a number of years may berequired to petition a court for anorder restoring rights. In someStates, certain offenders cannotregain the right to possess a firearm.

Misdemeanor offenders (17 States) - Generally, a misdemeanoris a crime punishable byincarceration for less than one year.The types of misdemeanor-leveloffenses included in prohibitorystatutes vary widely. Several Statestatutes prohibit firearm possessionby persons who have beenconvicted of a domestic violencemisdemeanor. Other States includemisdemeanors within categoriessuch as "crimes of violence" or"firearm offenses." Requirementsfor misdemeanor offenders to regainfirearm rights are generally lessstringent than for felons.

Fugitives (12 States) - Thiscategory normally includes personswith outstanding felony warrants andmay include all wanted persons. TheFederal Gun Control Act defines“fugitives from justice” as any personwho has fled from any State to avoidprosecution for a crime or to avoidgiving testimony in a criminalproceeding (18 U.S.C. Sec. 921(a)(15).

Mentally Ill (32 States) - Personsprohibited under this category aremost often defined as adjudicatedmentally defective or committed to amental institution. In some Statesthe prohibition extends to personsfound not guilty of a criminal offenseby reason of insanity. A personsubject to this prohibition may beable to regain firearm rights anumber of years after dischargefrom a mental institution, or by

presenting documentation from amental health professional thatshows their condition has stabilized.

Subject to a Restraining Order (18States) - Persons prohibited underthis category are usually subject tocourt orders intended to preventdomestic violence. The applicableorders (with a variety of titles)commonly restrain the subject fromcontacting or harming a spouse,former spouse, child, domesticpartner or other intimately-relatedperson. In a few States, theprohibition attaches if the orderspecifically bars the subject frompossessing firearms. A statute mayprovide that the order becomesprohibitory when it is issued after ahearing with the subject present(instead of ex parte) or entered intoa law enforcement informationnetwork.

Drug (28 States) or Alcohol (19States) Abusers and Offenders -Many States prohibit personsconvicted of drug sale or possessionoffenses, either through a statutethat lists a variety of disqualifyingoffenses or by way of a separatestatute. A few statutes disqualifypersons who committedalcohol-related offenses such asdriving while intoxicated. Generally,drug and alcohol offenders mayregain firearm rights in the samemanner as other prohibitedoffenders. Another commonprohibition involves personsaddicted to drugs or alcohol, whoare described by terms such as"addicted to a controlled substance,""habitually intoxicated," or "chronicalcoholics." In several States, afirearm cannot be transferred to orpossessed by a person who isintoxicated.

Juvenile Offenders (24 States) -Statutes in this category prohibitpersons who were adjudicateddelinquent or committed an act as ajuvenile that would have been a

Firearm sale topics


disqualifying offense if committed byan adult. The prohibitions usuallycontinue into early adulthood or untilthe person regains firearm rightsthrough a pardon, court order orother process.

In several States, persons whocommitted juvenile offenses mustfollow the same restoration of rightsprocedures available to adultoffenders.

Minors (49 States) - The firearmrights of minors are often restrictedsolely on the basis of age. In mostStates, restrictions apply to personsunder the age of 18, with a fewStates restricting persons under theage of 21. Some States limit onlyhandgun possession by minors,while others limit possession of anytype of firearm. State statutesdescribe many circumstances underwhich minors are allowed to possessfirearms. Generally, possession ispermissible when a minor issupervised by a parent, guardian orcertified firearms instructor. Federalrestrictions prohibit the sale of longguns to persons under the age of18, and under the age of 21 forhandguns.

Other categories of prohibitedpersons are also defined in Statestatutes.

Restrictions on the timing or quantityof firearm purchases includeresidency rules and handgunpurchase limits. Several Statesprohibit licensed dealers from sellingcertain firearms to nonresidents.Four States (Georgia, Maryland,Missouri and Virginia) require fixedperiods of residency, ranging from 1 to 6 months, before a person canpurchase certain firearms. Thereare no Federal restictions on thefrequency or quantity of firearmspurchased.

Residency rules preventnonresidents from purchasing andreselling firearms banned in theirhome State. A handgun purchaselimit of one per month prevails inMaryland, South Carolina, andVirginia (the same limit had beenenacted in California as thispublication went to press). Thelimits are intended to deter personswho would purchase large quantitiesof handguns for resale to prohibitedpersons.

After passage of the Brady Act,many States enacted legislation thatincluded new categories ofprohibited persons. During theBrady interim period (February 1994to November 1998) the mostfrequent subjects of new prohibitionswere felons and other specifiedoffenders (14 States); minors (11States); mentally ill persons (10States); domestic violenceoffenders, either convicted orrestrained (10 States); drug addictsor offenders (10 States); andjuvenile offenders (6 States).Several States modified proceduresfor restoration of the right to possessa firearm, with a few Statesrestricting the ability of certainpersons to regain their rights. (SeePresale Handgun Checks, the BradyInterim Period, 1994-98, NCJ175034, June 1999.)


Regulated sales

State statutes

Firearms are sold either by dealerslicensed under Federal (and State)law, or by unlicensed persons(private sales). Most sales occur atthe business premises of licenseddealers or at gun shows, which mayinclude licensed and unlicensedsellers. In addition to sales, firearmscan be transferred in pawntransactions, where a weapon ispledged as collateral for a loan andcan be redeemed when the loan isrepaid. Redemptions of pawnedfirearms are often regulated in thesame manner as sales.

Federal law requires a checkthrough the National Instant CriminalBackground Check System (NICS)of all persons who purchasefirearms from a Federal FirearmsLicensee (FFL) or redeem thefirearm after a pawn transaction.Licensees have the option ofrequesting checks on persons whoattempt to pawn a firearm. (SeeBackground for further details on theNICS.)

In addition to the Brady Act, statutesor executive orders in 31 Statesregulate sales by federally- orState-licensed dealers. TheseStates require background checks ofpersons seeking either to purchasefirearms or obtain State permitsrequired for purchase. Of theseStates, 18 regulate dealer sales ofall types of firearms, 2 regulatedealer sales of handguns andassault weapons, and 11 regulateonly handgun sales by dealers.(See Table 5.)

14 States regulate private sales byrequiring that purchasers obtain apermit or undergo a backgroundcheck at the premises of a licenseddealer or a law enforcement agency.Of these States, six regulate privatesales of all types of firearms, one

regulates private sales of handgunsand assault weapons, and sevenregulate only handgun sales. (SeeTable 5.) Generally, theseregulations apply to transfersinitiated at any location, whether itbe a person's home, a gun show oranywhere else.

California and Maryland are the onlyStates with statutes that specificallyregulate gun shows. California requires a show organizer to obtaina certificate of eligibility from theState Department of Justice andprovide local law enforcement with alist of all the show's sellers.Maryland requires that unlicensedgun show sellers obtain a temporarytransfer permit from the State andcomply with all restrictions imposedupon sales by licensed dealers.

Several States regulate redemptionsof pawned firearms in the samemanner as sales. The pawning ofany firearm is prohibited in NewJersey, while six other States banthe pawning of handguns (Table 4).

Statutes requiring backgroundchecks of purchasers usually allowexceptions for certain types ofpersons or transactions. Commonexemptions are those for purchasesby law enforcement officers,transfers of antique and replicafirearms, and gifts or loans offirearms from parents to minorchildren.


Permits State statutes

12 States administer purchasepermit systems, which varyaccording to the types of weaponsregulated, the duration of permitsand the number of firearms that canbe purchased at one time or duringthe tenure of a permit. 11 of theseStates require a permit to purchasea handgun.

In Minnesota, purchasers ofhandguns and assault weaponshave the option of undergoing abackground check to obtain a 1-yearpermit or submitting to a check eachtime they attempt a purchase.

Most handgun permits have aduration of between 10 days and 1year, with a few remaining in effectfor a longer duration.

For long gun purchases, four Statesrequire permits, which generallyremain effective for a longer periodthan handgun permits.

New Jersey's identification card forlong guns remains in effect untilrevoked for a violation of law; amongthe other three States, the durationof the permits ranges from 1 to 5years. (States with purchase permitsystems are indicated in Table 5.)

The number of handguns that canbe purchased by one person issometimes limited by a State permit.In seven States, only one handguncan be purchased with a permit. Sixof these States mandate a newpermit for a second handgun, withNew York requiring an amendmentto the purchaser's handgun license.Five States allow unlimited handgunpurchases during the effectiveperiod of a permit. Unlimitedpurchases of rifles and shotguns areallowed in the four States whichissue long gun permits. Connecticutand Illinois allow unlimited

purchases with a 5-year permit, butattempt to screen out disqualifiedpermit holders by requiring thatdealers request a check on everypurchase.

Federal law does not mandate apermit to purchase firearms.However, State permits forpurchase, carrying or other activitiescan be used to exempt the holderfrom the national instant check if theapplicable permit meets certainrequirements of the Brady Act, in thejudgment of ATF (see the summaryof the NICS in Background).

States which issue carry permits aregenerally categorized as havingeither a "shall issue" or a"discretionary" system. The formersystem mandates issuance of apermit if no statutory reason fordenial is revealed during abackground check of the applicant.The latter system allows a lawenforcement officer to consider theapplicant's history, character andintended purpose for carrying afirearm.

At least some carry permit holders in35 States are exempt from Federalor State checks (or both) whenpurchasing firearms (Table 4). Inaddition, a few States exemptcertain permit holders from waitingperiod requirements.

Concealed firearm permits usuallyregulate the carrying of a handgunoutside of the holder's residence orbusiness premises. Restrictions onpermit holders vary considerably inregard to open carry and thepremises where carrying isforbidden.

Carry permits are required in 42States; Vermont allows carryingwithout a permit, and 7 Statesprohibit concealed firearms. Withthe exception of New Mexico, all ofthe States which prohibit concealedfirearms are in the Midwest.


Background checks

State systems

Procedures for determining theeligibility of prospective firearmpurchasers are generally classifiedby ATF as "instant check," "permit,"or "other approval-type" systems.

Instant check systems allowlicensed dealers to contact achecking agency by telephone orother electronic means and receivea response immediately, or as soonas possible without delay, as towhether a prospective purchaser isineligible under law.

Permit systems require prospectivepurchasers to presentgovernment-issued documentswhich verify their eligibility to theseller (see Permits).

In other approval-type systems,sellers convey purchaser informationto a law enforcement agency bymail, telephone or other electronicmeans. The agency is not requiredto respond immediately, but usuallymust complete checks within astatutory time limit.

Instant check systems include theFBI's NICS operation and theprocedures of 17 States; 12 Statesrequire permits and 4 Statesmaintain other approval-typesystems (Table 5). (Illinois and NewJersey are each counted twicebecause these States operatepermit and instant check systems.)

All instant check systems allow afirearm transfer to proceed as soonas the checking agency informs theseller that no disqualifying recordwas found on the purchaser, unlessthe applicable State law requires awaiting period. Three of the fourother approval-type systems requirea mandatory waiting period after afirearm purchase application is filedwith a seller and before the transfer

can be completed (see WaitingPeriods), regardless of when thechecking agency completes thebackground check.

Almost all systems limit the timeallowed for an agency to conduct acheck, either by State statute orapplication of the 3-day limit in theBrady Act. Some statutes permit anextension of time for specificcircumstances such as a felonyarrest without a recordeddisposition. Time limits for instantcheck systems are usually 3 days orless, with longer limits common inpermit and other approval-typesystems (Table 5). Backgroundcheck statutes usually allow atransfer to proceed if the seller hasnot received a response from thechecking agency by the end of theapplicable period. In the past, somechecking agencies did notcommunicate approvals to sellers,forcing all purchasers to wait themaximum length of time permitted.

In some States, checking agenciessearch local records for disqualifyingfactors such as restraining ordersand mental health commitments.(For information on State criminalhistory record automation see theSurvey of State Criminal HistoryInformation Systems, 1997, NCJ175041, April 1999).


Waiting period

State statutes

Waiting periods provide a"cooling-off" period and allow sufficient time for checking agenciesto investigate and resolve questionsabout an applicant's background.

13 States require waiting periods(Table 5), which range in length from1 day to 14 days. All of these Statesrequire a waiting period for handgunpermits or purchases, with sevenStates including long guns or assaultweapons as well.

Waiting periods are utilized in everyregion of the Nation and are mostoften found in States with extensivefirearm regulations. Exemptionsfrom waiting periods have beenenacted in some States for lawenforcement officers, holders ofvalid carry permits or other specificclasses of persons who havedemonstrated the ability to handle afirearm responsibly.

Several States mandate both awaiting period and a time limit oninquiries by a checking agency,which may or may not be the samelength of time. The Federal instantcheck law (NICS) has 3 days torespond to an inquiry, but does notmandate a waiting period forpurchasers.

The development of national andState instant check systems hasparalleled a decline in the number ofStates which employ a waitingperiod. Since the inception of theBrady Act in February 1994, Oregon,Indiana, Pennsylvania andTennessee implemented instantcheck systems and eliminated Statewaiting periods, with the latter threeStates making the change during1998. In addition, California reducedthe length of its waiting period in1997.


Retention ofrecords/registration

State statutes

Requirements relating to retaininginformation from approved anddenied firearm transactions(including limitations on the types ofinformation that can be maintainedor the length of time such recordscan be retained) vary among States.

Retention of information onapproved firearm transactions islimited by Federal and State laws. In contrast, retention of informationon denied transactions is seldomlimited, due to its usefulness infacilitating appeals and the futureidentification of prohibited persons.

33 States require a permit,point-of-sale background check orwaiting period before a firearmtransfer can be completed.Checking agencies in nearly halfthese States retain records ofapproved transactions for less than90 days, under State law or agencyregulations. In contrast, nearly allagencies retain records of deniedtransactions indefinitely or for aspecific length of time longer than 90days. (See Table 6.) In someStates, retention periods vary bytype of data. Eight States eitherrequire registration (for at leastsome firearms) or retain all recordsfrom approved transactions.Several State statutes prohibitregistration of firearms.


Appeals of denials

State statutes

Appeal procedures for firearmdenials provide specific means bywhich citizens can challengedecisions relating to firearmpurchase eligibility. These appealsoften serve the practical purposes ofresolving questions of identity andupdating incomplete criminal historyrecords.

Specific appeal procedures arecodified in Federal law and in thelaws of nearly all States whichrequire background checks ofprospective firearm purchasers.The most common State procedureprovides an appeal to the checkingagency and a subsequent appeal toa court.

Procedures for the initial appeal tendto be relatively informal; someagencies allow a denied person toinitiate a review with a telephonerequest.

In some States, a governmentagency or officer not affiliated withthe checking agency performs anadministrative review at the first orsecond appellate level. Otheragencies involved in firearm appealsare those maintaining criminalhistory, restraining order, mentalhealth or other records which coulddisqualify an applicant.

Appeals often arise when a deniedperson claims that he or she is notthe individual named in adisqualifying record found by thechecking agency. To resolve theidentity question, the appellant willordinarily submit fingerprints (if theyare not already on file) which will bechecked against Federal and/orState arrestee print records. If theappellant's prints do not match anyrecords on file, the denial can bereversed.

Another common appeal issuearises when a denied person claimsthat a disqualifying record isincomplete. For example, if abackground check reveals a felonycharge without a recordeddisposition, the checking agencymay issue a denial. The applicantcan have the denial reversed bysubmitting court records to provethat the charge was subsequentlydismissed.

Alternatively, an appeal proceduremay allow a denied person torequest that the appellate agencycontact the agency of record toinquire about a missing disposition.

Existing data indicates that the vastmajority of disputed firearm denialsare resolved at the administrativelevel, and are rarely appealed to thecourts. The paucity of court appealsis not surprising because mostdisputes turn upon the accuracy ofrecords, not upon an interpretationof the law. (For Federal provisionssee the Federal System section onpage 13.)


References on this page to "State"include all jurisdictions summarized(the United States and each State,Territory, Commonwealth andDistrict). Topics listed are notalphabetized; they follow the order ofpresentation used in the summaries.Laws that apply nationwide areincluded in the Federal summaryand generally not repeatedelsewhere. State participation in theNICS is described in sub-headingsfor the summaries.

Prohibited persons. Categories ofpersons prohibited permanently ortemporarily from purchasing orpossessing firearms. Includesresidency rules, handgun limits andother restrictions on purchase.

Restoration of rights. Pardons,court procedures or other means bywhich adult or juvenile offenders canregain the right to possess orpurchase firearms.

Regulated sales. Transfers offirearms that cannot be completeduntil the transferee has obtained apermit or undergone a backgroundcheck at the point of sale. Includestypes of transferors (licensed orunlicensed), firearms (handguns,long guns, etc.) and transactions(sale, redemption, etc.) regulated.

Permits. Documents (whetherentitled permit, license, identificationcard etc.) issued by a lawenforcement agency which arerequired for the purchase,possession or carrying of firearms.

Background checks. Proceduresand requirements for conductingcriminal history and other checks onfirearms purchasers or permitapplicants under Federal and Statelaws, including time limits imposedon checking agencies.

Waiting period. A period of timeafter a firearm purchase applicationis filed with a seller or a permitapplication is filed with a lawenforcement agency, which mustexpire before transfer of the firearmor issuance of the permit can becompleted.

Information from applicants.Required or optional informationprovided by persons applying for apurchase from a firearm seller or fora purchase permit from a lawenforcement agency.

Purchaser fees. The amountscharged to firearms purchasers forbackground checks or the issuanceof documents needed for purchase.

State data. Databases maintainedby State agencies which arenormally available to checkingagencies during the course of abackground check on a prospectivefirearm purchaser.

Check processing time. Thelength of time needed, on average,for checking agencies to completebackground checks on routinetransactions and those which requireadditional research on missingdispositions and other questions.

Retention of records. Time limitson retention of data from approvedand denied firearm transactions bychecking agencies and otheragencies, based on Federal or Statelaw or agency policies.

Registration. State procedures formaintaining permanent records onfirearms and firearms owners.

Appeals of denials. Statutory oradministrative procedures forappealing a denial of the right topurchase a firearm or obtain apermit required for purchase.

Arrests of denied persons. Arrestand notification procedures followedby checking agencies in regard topersons who are denied a firearm ora permit because they submittedfalse information or have anoutstanding warrant.

1998/1999 firearm checks. Thenumber of firearm applications(point-of-sale or permit) and denials,and the denial rate for States thatmaintained statewide data, duringthe interim (1/1/98 to 11/29/98) orpermanent (11/30/98 to 6/30/99)Brady period.

1998/1999 legislativedevelopments. Summaries ofrevisions of Brady-relatedprocedures and other significantchanges in State firearms lawswhich became effective betweenJanuary 1, 1998 and June 30, 1999.

Relevant laws. Citations to statutesgoverning the transfer, possessionand use of firearms.

Source of information. Stateagencies that contributed to thesurvey.

Information included in the Federal and State summaries


Federal system

Prohibited persons. Federal law prohibits transfer ofa firearm to a person who is: under indictment for orconvicted of a crime punishable by imprisonment formore than 1 year; a fugitive; an unlawful user of oraddicted to any controlled substance; adjudicated as amental defective or committed to a mental institution;an illegal alien; dishonorably discharged from thearmed forces; a renounced U. S. citizen; restrained bycourt order from harassing, stalking, or threatening anintimate partner or child; convicted in any court of amisdemeanor crime of domestic violence; or less than18 years of age (long guns) or less than 21 years ofage (handguns).

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

Regulated sales. Record checks through the NationalInstant Criminal Background Check System (NICS) arerequired on persons who purchase firearms or redeempawned firearms from federally-licensed dealers. Thedealers have the option of requesting a check when afirearm is pawned.

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

Background checks. NICS checks are conducted bythe FBI and State point of contact (POC) agencies.Dealers contact the system by telephone or otherelectronic means and receive an immediate responseas to whether a transfer may proceed, may not proceedor will be delayed pending further review. If noresponse is received within 3 business days, thetransfer may proceed.

Waiting period. No Federal requirements.

Information from applicants. The standard ATF formused by licensed dealers requires the purchaser's firstname, last name, date of birth, place of birth, currentaddress, sex, height, weight, and race. A socialsecurity, alien registration or military identificationnumber is optional.

Purchaser fees. NICS checks by the FBI are withoutcharge; POC fees are determined by State law.

Federal data. The three major Federal databases areInterstate Identification Index (III), containing criminalhistories; National Crime Information Center (NCIC),containing fugitive, protection order and deported felonsdata; NICS Index, containing denied person,dishonorable discharge, renunciation of citizenship,mental health, drug abuser and illegal alien data.

Check processing time. For NICS checks by the FBI,immediate "proceed" responses are provided, onaverage, within 30 seconds; 80% of delayed checks arecompleted within 2 hours. Overall, 73% of the checksresult in an immediate proceed and 95% are completedwithin 2 hours.

Retention of records. Information on applicantsdenied by the FBI is retained indefinitely. Informationon transfers allowed by the FBI is not retained, exceptfor certain items which may be retained not more than 6months for auditing purposes.

Registration. No Federal requirements.

Appeals of denials. Persons denied by a NICS checkcan appeal to the denying agency (FBI or POC), andmay be required to contact the agency which originatedthe disqualifying record. As an alternative, theappellant can ask the FBI to review a POC denial. Afurther appeal may be filed in Federal district court.

Arrests of denied persons. The FBI refers Federallaw violators to ATF.

1998/1999 firearm checks handled by the FBI.11/30/98 to 6/30/99: 2,295,013 applied; 49,160 deniedby the FBI (does not include denials by States servingas POCs), 2.1% denial rate for checks by the FBI.

1998/1999 legislative developments. The NICS tookeffect on 11/30/98, adding long gun and pawnredemption checks.

Relevant laws. United States Code 18-922 et seq.

Source of information. FBI, NICS Program Office.

Jurisdictional summaries

Survey of State Procedures Related to Firearm Sales , Midyear 1999 13

Alabama

FBI conducts NICS checks

Prohibited persons. Alabama law prohibits deliveringa handgun to any person under the age of 18 or to onewho the seller has reasonable cause to believe hasbeen convicted of a crime of violence or is a drugaddict, an habitual drunkard or of unsound mind.

Restoration of rights. State law does not provide forrestoration of firearm rights.

Regulated sales. Background check on firearmspurchasers are not required by State law. Pawninghandguns is prohibited.

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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in the Statecontact the FBI for all checks required by the NICS.

Waiting period. Alabama requires a 48-hour waitingperiod (beginning when application is filed) beforecompletion of a handgun transfer, regardless of when abackground check is completed.

Information from applicants. The State's formrequires a handgun purchaser's first name, last name,place of birth, current address, occupation and race,and a statement that the person has never beenconvicted of a crime of violence. The form alsocontains the date and hour of application plus themake, model, caliber and manufacturer's weaponnumber.

Purchaser fees. None.

State data. Alabama makes fugitive, criminal history,probation/parole, and domestic violence restrainingorder data is available to State and local checkingagencies and the FBI via the statewide computernetwork.

Check processing time. Not applicable.

Retention of records. Under State law, handgunsellers are required to forward copies of purchaserstatements by registered or certified mail to the chief ofpolice of the municipality or the sheriff of the countywhere the seller is a resident, and to the director ofpublic safety. State law does not specify a retentionperiod.

Registration. No State requirements.

Appeals of denials. Persons denied a firearm by theFBI may appeal under Federal law.

Arrests of denied persons. Not applicable.

1998/1999 firearm checks. No statewide informationis available.

1998/1999 legislative developments. No significantchanges.

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

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


Alaska


Prohibited persons. Alaska law prohibits handgunpossession by or sale to a person who was convicted ofa felony or adjudicated a delinquent minor for conductthat would constitute a felony if committed by an adult.It is illegal for a firearm to be possessed by or sold to aperson whose physical or mental condition issubstantially impaired by intoxicating liquor or controlledsubstances. An unemancipated minor under 16 yearsof age cannot possess a firearm without the consent ofa parent or guardian.

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

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

Permits. Alaska does not require a permit to purchasefirearms. A permit is required to carry a concealedhandgun.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in the Statecontact the FBI for all checks required by the NICS.ATF allows a concealed handgun permit to be used fora purchase without a NICS check.

Waiting period. No State requirements.

Information from applicants. No State requirements.


State data. Alaska maintains fully automated fugitive,criminal history and domestic violence restraining orderdata on a statewide network. Domestic violencemisdemeanor convictions can be identified fromrecords created after January 15, 1998.


Retention of records. No State requirements.


Appeals of denials. Persons denied a firearm mayappeal under Federal law.



1998/1999 legislative developments. Amendmentsprohibited possession of a firearm within a school bus,courthouse, or State-funded domestic violence orsexual assault shelter. The background check,qualifications, fees, suspension and exemptionssections of the concealed weapon statutes wereamended, and a reciprocity section was added.

Relevant laws. Alaska Statutes 11.61.190 et seq;18.65.700 et seq.

Source of information. Alaska Department of PublicSafety.


Arizona

State requests NICS checks

Prohibited persons. Arizona law prohibits possessionof a firearm by a person previously convicted of a felonyor adjudicated delinquent. It is illegal to knowinglytransfer a firearm to a person who intends to use thefirearm in the commission of any felony. A firearmcannot be transferred to or possessed by a minorexcept in limited circumstances.

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

Regulated sales. State law requires backgroundchecks on persons who purchase firearms fromlicensed dealers.

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

Background checks. The Arizona Department ofPublic Safety is a point of contact for the NICS andconducts all checks required by Federal and State law.Dealers contact the Department's Firearm ClearanceCenter (FCC) by 1-800 number, regular telephone orfax. Transactions can be delayed up to 3 businessdays. ATF allows a concealed weapon permit to beused for a purchase without a NICS check.


Information from applicants. Purchasers completethe standard ATF form. No separate State form isrequired.


State data. Arizona maintains fully automated fugitiveand criminal history (including probation/parole) data ona statewide network. In addition, FCC has access tosex offender registration and department of correctionsdata.

Check processing time. Routine transactions arenormally processed in less than 5 minutes.Transactions requiring additional research normally arecompleted in less than 3 days.

Retention of records. Records are retained for amaximum period of 20 days on approved transactions and 5 years on disapproved transactions.


Appeals of denials. Persons denied a firearm mayappeal to the Arizona FCC.

Arrests of denied persons. FCC notifies ATF ofapplicants who submit false information. Applicantsdenied because of a felony warrant are reported to theState Police Fugitive Detail. Persons with non-felonywarrants are informed that they must clear the warrantsin order to receive firearms.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 54,754applied; 1,950 denied; 3.6% denial rate. 11/30/98 to6/30/99: 83,122 applied; 2,549 denied; 3.1% denialrate.

1998/1999 legislative developments. An amendmentchanged the checking agency's name to the FirearmClearance Center and authorized it to conduct checkson all firearms (as defined by Federal law).

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

Source of information. Arizona Department of PublicSafety.


Arkansas


Prohibited persons. Arkansas law prohibitspossession of firearms by persons who are under theage of 18 (except in limited circumstances) or whohave been convicted of felonies, adjudicated mentally illor committed involuntarily to any mental institution. It isillegal to furnish a firearm to a minor without theconsent of a parent or guardian.

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

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

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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Arkansascontact the FBI for all checks required by the NICS.ATF allows a concealed handgun permit issued before11/30/98 to be used for a purchase without a NICScheck.




State data. Fully automated fugitive, criminal historyand domestic violence restraining order/misdemeanordata are available on the statewide network.





Arrests of denied persons. Not applicable.1998/1999 firearm checks. 1/1/98 to 11/29/98: 28,835applied; 1,397 denied; 4.8% denial rate. 11/30/98 to6/30/99: No statewide information available.


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

Source of information. Arkansas State Police and theOffice of the Attorney General.


California


Prohibited persons. California prohibits possession offirearms by certain persons who were convicted of felonies or misdemeanors specified in State law; areaddicted to any narcotic drug; are prohibited as acondition of probation; are subject to restraining orders;were adjudged wards of the juvenile court (until age30); or are mentally ill as defined in State law. Afirearm cannot be transferred to a minor except inlimited circumstances. Handgun buyers must completea safety course or show proof of exemption.

Restoration of rights. Firearm rights can be restoredif the subject is granted a governor's pardon or if theunderlying case is reopened and the subject is allowedto plead to a lesser charge. Persons convicted ofspecified misdemeanors can have their rights restoredby the proper court; those who committed disqualifyingacts as juveniles can have their right to possess afirearm automatically restored at age 30 if no additionalviolations occur.

Regulated sales. Background checks are required forfirearm sales by state-licensed dealers and unlicensedindividuals (including gun shows), and for pawnshopredemptions processed through dealers.

Permits. A permit is not required to purchasehandguns or long guns. Carrying a concealed firearmrequires a license. A permit is required to possess amachine gun or an assault weapon.

Background checks. The California Department ofJustice (DOJ) is a NICS point of contact and conductsall checks required by Federal and State law. Privatesales are processed through a licensed dealer or a lawenforcement agency. Dealers contact DOJ bytelephone or computerized "point-of-sale device."

Waiting period. Ten days for all firearms, regardlessof when a background check is completed.

Information from applicants. The Dealer's Record ofSale (DROS) standardized form requires a buyer'sname, alias, sex, home address, local address iftraveling, California driver's license, California ID cardor military ID card number (with duty orders showing astation in the State), Basic Firearms Safety Certificateor exemption number, height, weight, descent, hair

color, eye color, responses to questions concerningpotential prohibited status, and date of application.

Purchaser fees. DOJ charges $14 for a check on asingle handgun or an unlimited number of long gunsand $10 for additional handguns purchased at thesame time.

State data. Fully automated fugitive, criminal history,domestic abuse restraining order/conviction,probation/parole, juvenile and mental health data.

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

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

Registration. Handguns are not registered, but theautomated files maintain a record of handgun transfers.New residents must report handgun ownership.Assault weapons are registered.

Appeals of denials. Persons denied a firearm canappeal to California DOJ.

Arrests of denied persons. In cases involvingfalsified applications or outstanding warrants, DOJinforms the agency with jurisdiction over the individual.Persons with warrants cannot receive a firearm if aconviction would disqualify them.

1998/1999 firearm checks. 1/1/98 to 11/29/98:304,188 applied; 2,889 denied; 0.9% denial rate.11/30/98 to 6/30/99: 251,820 applied; 2,601 denied;1.0% denial rate.

1998/1999 legislative developments. Amendmentsincluded authorization for the State to participate in theNICS.

Relevant laws. California Penal Code 417.3; 626.9;12000 et seq; Family Code 6389.

Source of information. California Department ofJustice.


Colorado

FBI conducts NICS checks (through 7/31/99)State requests NICS checks (beginning 8/1/99)

[Note: This summary includes procedures forColorado's instant check system which was notoperating as of 6/30/99 but was reinstated effective8/1/99. See 1998/1999 legislation below.]

Prohibited persons. Colorado law forbids transfer of afirearm to any person who is prohibited under local,State or Federal law from possessing a handgun;convicted of crimes involving force against a spouse orchild; or subject to a restraining order. Firearms cannotbe possessed by certain previous offenders and bypersons adjudicated for acts which would be felonies ifcommitted by adults. Handguns cannot be possessedby persons under the age of 18 except in limitedcircumstances.

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


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

Background checks. The Colorado Bureau ofInvestigation (CBI) is a point of contact for the NICSand conducts all checks required by Federal and Statelaw. Dealers request instant checks by using a 1-800number.


Information from applicants. Colorado's applicationincludes the purchaser's name, address, race, sex, anddate of birth. A Social Security number is optional.

Purchaser fees. No fees are charged.

State data. Colorado maintains fully automatedfugitive, criminal history, probation/parole and domesticabuse restraining order/misdemeanor data on astatewide network.

Check processing time. Routine transactions areprocessed in less than 1 minute; transactions requiringadditional research are processed in less than 1 day.

Retention of records. The CBI purges informationfrom approved transactions within 48 hours; informationfrom denied transactions is purged after 2 years.


Appeals of denials. Persons denied a firearm canappeal to the CBI.

Arrests of denied persons. No information isavailable.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 41,383applied; 2,804 denied; 6.8% denial rate. 11/30/98 to3/31/99: 35,561 applied; 2,412 denied; 6.8% denialrate .

1998/1999 legislative developments. An amendmentchanged the instant check statute's repeal date tocoincide with the implementation date of the NICS.Under an executive order, CBI operated as a NICSpoint of contact from 11/30/98 to 3/31/99. The FBIconducted all NICS checks for the State from 4/1/99 to7/31/99. An executive order effective 8/1/99 reinstatedCBI as the point of contact.

Relevant laws. Colorado Revised Statutes12-26.5-101 et seq; 18-12-101 et seq.

Source of information. Colorado Bureau ofInvestigation.


Connecticut


Prohibited persons. Connecticut prohibits issuingeligibility certificates or pistol permits for handguns topersons who did not complete a firearm safety course;have been convicted of a felony, a domestic violencemisdemeanor or any of 11 other specifiedmisdemeanors; have been discharged from custodywithin the preceding 20 years after having been foundnot guilty of a crime by reason of mental disease; wereconfined to a hospital for mental illness within thepreceding 12 months by court order; are subject to arestraining or protective order; are illegal aliens; areunder the age of 21; or were convicted as delinquentfor the commission of a serious juvenile offense.

Restoration of rights. An offender's firearm rights canbe restored if he or she previously possessed a pistolpermit and the Board of Pardons clears the convictionfrom the record.

Regulated sales. State law requires backgroundchecks on persons who apply for permits, redeemfirearms or make a purchase from a licensed dealer oran unlicensed individual.

Permits. An eligibility certificate or pistol permit isrequired to purchase handguns without a 14-daywaiting period. Both documents are valid for 5 yearsand allow unlimited purchases. An authorizationnumber is also required at the time of sale. A permit isnot required to purchase long guns; however, a 14-daywaiting period is required without a pistol permit,eligibility certificate or hunting license. The pistol permitis also required to carry a handgun.

Background checks. The Connecticut State Police(CSP) is a NICS point of contact, conducting all checksrequired by Federal and State law. Checks areconducted on applicants for pistol and eligibilitycertificates and on firearm purchasers. ATF allows apistol permit issued before 11/30/98 to be used in lieuof a NICS check (State law still requires a check at thetime of purchase). CSP can be contacted in person orby an in- State number (1-888-335-8438), regulartelephone, mail, certified mail or fax.

Waiting period. A 14-day waiting period is required forall firearm transfers without proper permits (beginningwhen application is filed), regardless of when abackground check is completed.

Information from applicants. A firearm purchaseapplication requires the buyer's, name, address, race,sex, height, weight, date of birth, operator's licensenumbers, and date of application. Dealer informationand the sale authorization number is also included. ASocial Security number is optional.

Purchaser fees. A maximum fee of $35 will becharged for pistol permits and eligibility certificates.

State data. The State maintains fugitive, criminalhistory, probation/parole, domestic abuse restrainingorder/misdemeanor, mental health and juvenile data.

Check processing time. Routine purchasetransactions are normally processed in less than 15minutes; those which require additional researchnormally are processed in less than 3 days.

Retention of records. The State retains deniedapplications to buy firearms for 10 years. Dealers keepapproved applications for at least 5 years.

Registration. The state's firearm registration formincludes sale, weapon, buyer and seller information.

Appeals of denials. Persons denied permits canappeal to the CSP and further to the Board of FirearmPermit Examiners.

Arrests of denied persons. In cases involvingfalsified applications or outstanding warrants, CSPinforms the agency with jurisdiction over the individual.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 26,981applied; 153 denied; 0.6% denial rate. 11/30/98 to6/30/99: 27,159 applied; 123 denied; 0.5 % denial rate.

1998/1999 legislative developments. An amendmentbarred issuing a pistol permit or an eligibility certificateto a person who has been convicted as delinquent forthe commission of a serious juvenile offense.

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

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


Delaware

FBI conducts NICS checksState conducts separate checks

Prohibited persons. Delaware law prohibits purchaseor possession of firearms by certain persons who areconvicted of felonies or crimes of violence; committedfor mental disorders to any hospital, mental institution,or sanitarium; convicted for unlawful use, possession,or sale of narcotics; subject to protection from abuseorders; or adjudicated delinquent for conduct which ifcommitted by an adult would constitute a felony.Juveniles cannot own, possess or control handgunswithout adult supervision.

Restoration of rights. A convicted felon's right to owna firearm may be restored through a governor's pardon.Persons who committed disqualifying misdemeanorsregain firearm rights 5 years after conviction; those whocommitted disqualifying juvenile offenses regain theirrights at age 25.

Regulated sales. Background checks are required forsales of handguns and rifles by licensed dealers, andare optional for private sales. Shotgun purchases areexempt.

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

Background checks. Licensed dealers call theDelaware State Police (DSP) for instant checks underState law, by using a 1-800 number. DSP has amaximum of 3 days to complete a check. Holders ofconcealed handgun permits are exempt from the checkrequired by State law. The State is not a point ofcontact for the NICS; dealers must contact the FBI forall NICS checks. ATF allows a concealed handgunpermit issued before 11/30/98 to be used for apurchase without a NICS check.


Information from applicants. Delaware requires anapplicant's name, address, race, sex, date of birth,Social Security number and date of application. If theapplication is rejected, the type, make, model and serialnumber of the weapon are recorded.


State data. Delaware maintains fugitive, criminalhistory, probation/parole, juvenile, mental health anddomestic violence restraining order/misdemeanor dataon a statewide network. These files are fullyautomated except for mental health, which is partiallyautomated.

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

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


Appeals of denials. Persons denied under State lawcan appeal to DSP and further to superior court.

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

1998/1999 firearm checks. 1/1/98 to 11/29/98: 9,745applied; 443 denied; 4.5% denial rate. 11/30/98 to6/30/99: No statewide information available.

1998/1999 legislative developments. Amendmentsadded persons subject to protection from abuse ordersor convicted of domestic violence misdemeanors tothose barred from purchasing or possessing firearms.

Relevant laws. Delaware Code 11-1441 et seq.

Source of information. Delaware State Police.


Florida


Prohibited persons. Florida prohibits the sale offirearms to persons who have been convicted of felonies, delinquent acts that would be felonies ifcommitted by an adult, or a misdemeanor crime ofdomestic violence; had adjudication of guilt withheld orimposition of sentence suspended on a felony chargeand 3 years have not elapsed since the completion dateof any court provisions; have been indicted for a felony;are subject to a protective order; have been arrested fora "dangerous crime," or other offenses enumerated inState law; or are under the age of 18.

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

Regulated sales. Background checks are required forfirearm sales by licensed importers, manufacturers anddealers. Pawnshop redemptions are also subject tochecks.

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

Background checks. The Florida Department of LawEnforcement (FDLE) is a point of contact for the NICSand conducts checks required by Federal and Statelaw. Checks on firearms redeemed within 90 days ofbeing pawned are conducted by the FBI; if redeemedafter 90 days, the check is conducted by FDLE. ATFallows concealed firearm licenses issued before11/30/98 to be used for purchases without a NICScheck. Under State law, if a purchaser is notdisapproved within 3 business days, the transaction canbe completed.

Waiting period. Handgun purchases require a 3-daywaiting period (beginning when application is filed),regardless of when a background check is completed.

Information from applicants. State law requires thepurchaser's name, date of birth, gender, race, andSocial Security or other identification number.

Purchaser fees. FDLE charges $8 for the backgroundcheck.

State data. The State maintains fugitive, criminalhistory, domestic violence misdemeanor/restrainingorder, juvenile and probation/parole data.

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

Retention of records. Information on approvedtransactions is destroyed within 2 days after the day of the response to the licensee's request. Informationon denied transactions is retained indefinitely.


Appeals of denials. Persons denied firearms canappeal to FDLE.

Arrests of denied persons. FDLE reports personswho falsify their applications to ATF and the Stateagency with jurisdiction over the individual. Personswith outstanding warrants are reported to the agencywith jurisdiction over the person and to the agency withjurisdiction over the dealer. Denied persons arereported to ATF, special agency personnel and localpolice (monthly, by the Office of Statewide Intelligence).


1998/1999 legislative.developments. A new statuteprohibited firearm possession by a person restrainedfrom committing acts of domestic violence by a finalinjunction. An amendment extended the duration ofcarry licenses.

Relevant laws. Florida Statutes 790.001 et seq.

Source of information. Florida Department of LawEnforcement.


Georgia


Prohibited persons. Georgia law prohibits possessionof firearms by persons who have been convicted offelonies. Persons under the age of 18 can possesshandguns in certain circumstances unless they havebeen adjudicated delinquent. Firearms cannot be soldto persons who are prohibited by State or Federal lawor who have not resided in the State for at least 3months.

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

Regulated sales. State law requires backgroundchecks on firearm sales by licensed dealers and onredemptions which occur more than 1 year after thefirearm is pawned.

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

Background checks. The Georgia Bureau ofInvestigation (GBI) is a point of contact for the NICSand conducts checks required by Federal and Statelaw. Holders of concealed handgun permits areexempt from sale checks under an ATF ruling andState law. Dealers request instant checks by using a1-800 number. The GBI is allowed 1 day under Statelaw to complete a check. The time allowed can beextended if the applicant's criminal history record is notimmediately available (no extension limit is stated in thestatute).


Information from applicants. The state's formrequires the purchaser's name, sex, race and date ofbirth, plus a Social Security or other identificationnumber.

Purchaser fees. GBI charges $5 for the backgroundcheck.

State data. The State maintains fully automatedfugitive, criminal history, probation and parole, mentalhealth, and domestic violence misdemeanor data.

Check processing time. Routine transactions arenormally processed in less than 5 minutes; transactionsrequiring additional research are normally processed inless than 1 day.

Retention of records. The Georgia Consent Form isattached to ATF 4473 and retained by the dealer. TheGBI does not retain information on approved sales;data on denied transactions is retained for 90 days.


Appeals of denials. Persons denied firearms canappeal to the GBI and further to superior court.

Arrests of denied persons. Persons who falsifyapplications or have outstanding warrants are reportedby the GBI to the agency with jurisdiction over theindividual.

1998/1999 firearm checks. 1/1/98 to11/29/98: 74,977applied; 6,326 denied; 8.4% denial rate. 11/30/98 to6/30/99: 138,849 applied; 8,972 denied; 6.5% denialrate.

1998/1999 legislative developments. An executiveorder allowed the State to participate in the NICS.

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

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


Hawaii


Prohibited persons. Hawaii law prohibits possessionof a firearm by a person who is a fugitive; indicted for orconvicted of a felony, a crime of violence or an illegaldrug sale; addicted to drugs or alcohol; acquitted of acrime on grounds of mental disease; diagnosed ashaving significant behavioral, emotional or mentaldisorders; or subject to a restraining order. A U.S.citizen must be 21 or more years of age to apply for apermit to acquire. A long gun cannot be transferred toa person under the age of 18 except in limitedcircumstances.

Restoration of rights. The State allows a convictedfelon's right to own a handgun to be restored through agovernor's pardon.

Regulated sales. State law requires a permit for allpurchases from licensed dealers and unlicensedpersons.

Permits. A permit to acquire, valid for 10 days, isneeded for every purchase of a handgun. A permit toacquire, valid for one year, is needed for unlimitedpurchases of long guns. A license is needed to carry ahandgun.

Background checks. Four police departments arepoints of contact for the NICS and conduct checksrequired by Federal and State law on applicants forpermits to acquire. Under State law, all permitapplications must be approved or denied within 20days. ATF allows permits to acquire and licenses tocarry to be used for purchases in lieu of the NICScheck.

Waiting period. A 14-day waiting period is required(beginning when application is filed) before issuance ofa permit to acquire, regardless of when a backgroundcheck is completed.

Information from applicants. Hawaii requires apermit applicant's name, home address, businessaddress, race, sex, height, weight, date and place ofbirth, hair and eye color, Social Security number,photograph, and mental health history. Occupation,aliases, nicknames, maiden name, and scars, marksand tattoos are optional. First-time applicants mustsubmit fingerprints.

Purchaser fees. First-time applicants are charged $24to subsidize the FBI fingerprint check.

State data. The State maintains an automated controlrepository which includes criminal history and domesticviolence misdemeanor data. Mental health data arerecorded manually.

Check processing time. No statewide information isavailable.

Retention of records. Data on approved and deniedapplications is retained indefinitely.

Registration. All firearms are required to be registeredin Hawaii.

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




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

Source of information. Hawaii Criminal JusticeInformation Center; Honolulu Police Department.


Idaho


Prohibited persons. Idaho law does not allowconvicted felons to ship, transport, possess or receivefirearms. A firearm cannot be sold to or possessed bya minor under the age of 18 without the consent of aparent or guardian.

Restoration of rights. Certain felons regainpossession rights upon completion of imprisonment,probation or parole. Other felons, except for thoseconvicted of specified offenses, may apply to thecommission of pardons and parole for restoration 5years after final discharge.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Idahocontact the FBI for all checks required by the NICS.




State data. Idaho maintains fully automated fugitive,criminal history and domestic violence protectiveorder/misdemeanor data on a statewide network, aswell as a sex offender registry.




Appeals of denials. Persons denied a firearm by theFBI can appeal under Federal law.



1998/1999 legislative developments. An amendmentadded crimes for which conviction will suspend the rightto ship, transport, possess or receive a firearm. Thestate's instant background check law expired on11/30/98.

Relevant laws. Idaho Code 18-3302 et seq.

Source of information. Idaho Department of LawEnforcement.


Illinois


Prohibited persons. Firearm Owners Identification(FOID) cards cannot be issued to persons who areprohibited by any Illinois State statute or Federal law.State law prohibits persons who are under 21 years ofage and have been convicted of misdemeanors otherthan a traffic offenses or adjudged delinquent; under 21and lack parental consent to possess firearms;convicted felons; drug addicts; mentally ill or retarded;illegal aliens; subject to protective orders; or convictedof firearm or domestic violence offenses.

Restoration of rights. Convicted felons may regainfirearm rights if they are granted relief from Illinoisconvictions. Persons who committed forcible feloniesmust complete their sentence and 20 years withoutadditional violations before applying for relief.Applications for relief are made to the director of theState Police, whose decision can be appealed to thecircuit court.

Regulated sales. Background checks are required onpermit applicants, and on persons who purchase orredeem firearms from licensed dealers. Checks arenot required for sales between unlicensed individuals;however, records of such transactions must be retainedfor 10 years.

Permits. Illinois requires residents to possess a validFOID card in order to purchase firearms or ammunition.The card is valid for 5 years with no limit on the numberof firearms purchased. The State does not issueconcealed firearm permits.

Background checks. The Illinois State Police (ISP) isa point of contact for the NICS and conductsbackground checks required by Federal and State law.Checks are conducted on applicants for FOID cards,with a maximum of 30 days allowed to process anapplication. When a valid card is used for a purchase,the dealer requests an instant check through theFirearm Transfer Inquiry Program (FTIP) Unit of ISP,using one of two 1-900 numbers.

Waiting period. The wait is 24 hours for a long gunand 72 hours for a handgun (beginning whenapplication is filed), regardless of when a backgroundcheck is completed.

Information from applicants. A FOID card applicationincludes the name, address, date of birth, race, sexheight, weight, eye color, hair color, recent picture andanswers to specific questions regarding eligibilityfactors. An FTIP transaction requires the dealer andFOID card numbers.

Purchaser fees. ISP charges $5 for a FOID card and$2 for an FTIP inquiry at the time of purchase.

State data. Automated files with fugitive, criminalhistory and conviction data are maintained on astatewide network. Other files cover mental health,juveniles, and domestic violence orders andconvictions.

Check processing time. FTIP purchase inquiriesrequiring limited analysis are completed in less than 1minute. Inquiries requiring complete analysis arecompleted within 24-72 hours, depending on the type offirearm.

Retention of records. Data on approved FTIPtransactions from 1-900 calls are retained for 3 months;data on denied transactions is retained indefinitely.FOID card applications are retained on microform.

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

Appeals of denials. A denial or revocation of a FOIDcard can be appealed to the director of the State Police,and further to the circuit court.

Arrests of denied persons. Persons with outstandingwarrants are reported by ISP to the agency withjurisdiction over the fugitive. Denied persons arereferred to a unit within ISP, which ananlyzes denialinformation and reports significant violations to ATF.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 146,970 applied; 1,490 denied; 1.0% denial rate.11/29/98 to 6/30/99: 99,912 applied; 861 denied; 0.9%denial rate (FTIP transactions).

1998/1999 legislative developments. Amendmentsbarred domestic violence offenders and federal lawviolators from receiving a FOID card.

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

Source of information. Illinois State Police.


Indiana

FBI conducts long gun NICS checksState requests handgun NICS checks

Prohibited persons. Indiana law prohibits transfers ofhandguns and assault weapons to persons under 21years of age, except in limited circumstances. Further,it is unlawful to transfer a handgun to a person who isconvicted of a felony; adjudicated a delinquent child foran act that would be a felony if committed by an adult; adrug abuser; an alcohol abuser; or mentallyincompetent.

Restoration of rights. A convicted felon's right to owna handgun can be restored by post-conviction relief or agovernor's pardon. Persons who have beenadjudicated delinquent can regain their rights at age 23.

Regulated sales. Background checks on handgunpurchasers are required under State law for sales bylicensed dealers. Handguns cannot be pawned in theState.

Permits. Indiana does not require a permit to purchasefirearms. A handgun license is required for personalprotection (carrying concealed), hunting and targetshooting.

Background checks. Licensed dealers in the Statecontact the FBI for checks of persons purchasing orredeeming long guns. The Indiana State Police (ISP) isa partial point of contact for the NICS and conductstelephone instant checks of handgun purchasers. Amaximum of 1 business day is allowed to complete acheck. ATF and State rules allow personal protection,hunting and target permits to be used for purchases inlieu of the NICS check.


Information from applicants. Handgun purchasersmust provide the following: name, address, sex, race,place of birth, date of birth, height, weight, SocialSecurity number and fingerprints plus the date and hourof the transfer.

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

State data. Indiana maintains fully automated criminalhistory data on a statewide network.

Inquiry process. No information is available.

Retention of records. Limited data on approvedtransactions can be retained by ISP for not more thanone year; other data on approvals can be retained forup to 30 days. Data on denied transactions areretained indefinitely.

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

Appeals of denials. Persons denied a handgun canappeal to ISP or the agency with the disqualifyingrecord. A further appeal lies to the circuit court.

Arrests of denied persons. ISP reports persons whofalsify their applications to ATF. Persons withoutstanding warrants are reported to the agency withjurisdiction over the fugitive.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 79,022applied; 998 denied; 1.3% denial rate. 11/29/98 to6/30/99: 49,736 applied; 1,373 denied; 2.8% denialrate.

1998/1999 legislative developments. A new chapterestablished a statewide instant check system forhandgun sales.

Relevant laws. Indiana Code 35-47-1 et seq.

Source of information. Indiana State Police.


Iowa


Prohibited persons. Applicants for permits to acquirepistols and revolvers must meet all Federalrequirements for possessing firearms. Additionally,Iowa law prohibits handgun sales to persons who areless than 21 years of age; convicted of felonies;addicted to alcohol or a controlled substance; have histories of repeated acts of violence; have beenconvicted of certain misdemeanor crimes of assault; orhave been adjudged mentally incompetent.

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

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

Permits. Iowa requires an annually renewed permit toacquire handguns unless the purchaser holds a validpermit to carry firearms. An unlimited number ofhandguns can be purchased with either permit.

Background checks. Licensed dealers in the Statecontact the FBI for checks on long gun purchasers.Ninety-nine county sheriffs and the Iowa Department ofPublic Safety (for State employees and nonresidents)are the partial points of contact for the NICS,conducting checks of applicants for permits to acquirehandguns. The sheriffs check handgun redemptions bypersons with State permits; all other redemptions arechecked by the FBI. ATF allows permits to acquire orcarry to be used for a purchase in lieu of a NICS check.

Waiting period. An Iowa permit becomes valid 3 daysafter the date of application.

Information from applicants. Permit applicants mustprovide the following: name, address, date of birth,application date and a form of identification with a colorphotograph. A Social Security number is optional.

Fees charged. Fees are at the discretion of the countysheriffs.

State data. Iowa maintains fully automated fugitive,criminal history, and domestic abuse restrainingorder/misdemeanor data on a statewide network.Checking agencies also have access to someprobation, parole, and juvenile data.

Inquiry process. No information is available.

Retention of records. Sheriffs retain approved permitapplications for 4 years and denied permit applicationsfor 3 years.


Appeals of denials. Persons denied a State permitcan appeal to the denying agency.

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



Relevant laws. Iowa Code 702.7; 724.1 et seq.

Source of information. Iowa Department of PublicSafety.


Kansas


Prohibited persons. Firearms cannot be transferredto or possessed by persons who are both addicted toand unlawful users of controlled substances, andpersons who have been convicted of certain felonies ora controlled substances act violation, or wereadjudicated a juvenile offender because of thecommission of an act which if done by an adult wouldconstitute a disqualifying offense. Handguns cannot betransferred to or knowingly possessed by persons lessthan 18 years of age except in limited circumstances.

Restoration of rights. The State allows a convictedfelon's right to own a firearm to be restored after 5 or 10years (depending on the type of crime) from the date ofconviction or release from imprisonment (whicheverperiod is longer). Restoration is not allowed if theoffense involved possession of a firearm.

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

Permits. A permit is not required to purchase firearms.The State does not issue permits to carry concealedfirearms.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Kansascontact the FBI for all checks required by the NICS.



Purchaser fees. No State requirements.

State data. Kansas maintains criminal history,domestic violence misdemeanor, and juvenile offenderdata on the statewide computer network.






1998/1999 firearm checks. No statewide informationavailable.


Relevant laws. Kansas Statutes 21-4201 et seq.

Source of information. Kansas Bureau ofInvestigation.


Kentucky


Prohibited persons. Kentucky law prohibitspossession of firearms by persons who have beenconvicted of felonies, as well as any youthful offenderconvicted of a felony. Handguns cannot be possessedby or provided to persons under the age of 18 except inlimited circumstances.

Restoration of rights. The State allows a convictedfelon's right to possess firearms to be restored througha governor's pardon.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Kentuckycontact the FBI for all checks required by the NICS.ATF allows concealed firearm licenses issued after July15, 1998 to be used for purchases without a NICScheck.




State data. Kentucky maintains fully automatedfugitive, criminal history and domestic violencerestraining order data on a statewide network.







1998/1999 legislative developments. Amendmentsto the concealed firearm license law included aprovision which requires use of the NICS index as partof the record check on applicants.

Relevant laws. Kentucky Revised Statutes 237.030 etseq; 431.064; 527.010 et seq.

Source of information. Kentucky State Police.


Louisiana


Prohibited persons. Louisiana law prohibitspossession of firearms by persons who have beenconvicted of certain felonies. It is unlawful to sell orotherwise deliver a firearm to any person under the ageof 18.

Restoration of rights. A convicted felon's right topossess a firearm can be restored in Louisiana througha governor's pardon or by a sheriff. Except for certainoffenders, persons without additional violations for 10years after completion of their sentences may apply tothe sheriff of their parish of residence for a permit topossess firearms.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Louisianacontact the FBI for all checks required by the NICS.ATF allows concealed firearm licenses issued beforeNovember 30, 1998 to be used in lieu of a NICS check.




State data. Louisiana maintains a statewide computernetwork with fugitive data and criminal histories thatinclude domestic violence offenses and some mentalhealth data. These files are fully automated. Othermental health data are maintained by local coroners.








Relevant laws. Louisiana Revised Statutes 14:91;14:95; 14:95.1; 40:1379.3: 40:1751 et seq.

Source of information. Louisiana State Police.


Maine


Prohibited persons. Maine law prohibits possessionof a firearm by a person who committed a crimepunishable by imprisonment for one year or more;committed a firearms offense; engaged in conduct as ajuvenile that if committed by an adult would have beena disqualifying offense; or is subject to a domesticviolence restraining order. It is unlawful to transfer afirearm to a person under the age of 16, except for aparent or guardian of the minor.

Restoration of rights. Firearm rights may be restoredby the commissioner of public safety, a court order or agovernor's pardon. A person convicted of adisqualifying offense can apply to the commissioner fora permit to carry a firearm 5 years from the date of finaldischarge from the sentence. The commissioner'sdecision can be appealed to superior court. Nonviolentjuvenile offenders regain firearm rights 3 years aftercompletion of their dispositions or upon reaching 18years of age, whichever is later.


Permits. Maine does not require a permit to purchasefirearms. A permit is required to carry a concealedweapon. Persons with restored rights are issuedpossession permits, but cannot carry a concealedfirearm.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Mainecontact the FBI for all checks required by the NICS.




State data. State agencies maintain fugitive, criminalhistory, motor vehicle and domestic violence restrainingorder data. These files are maintained manually andare accessed via teletype.








Relevant laws. Maine Revised Statutes 15.393;17A.554; 25.2001 et seq.

Source of information. Maine State Police.


Maryland

FBI conducts long gun NICS checks State requests handgun NICS checks

Prohibited persons. A "regulated firearm" (handgunor assault weapon) cannot be transferred to orpossessed by a person who is convicted of a crime ofviolence, a felony or any common law offense ormisdemeanor that carries more than a 2-year term ofimprisonment; a fugitive; a habitual drunkard; addictedto a controlled substance; mentally disordered asdefined in State law; under 21 years or age; or subjectto a protective order. In addition, it is illegal to transfera regulated firearm to a person who is visibly under theinfluence of alcohol or drugs or a participant in a strawpurchase. Regulated firearm purchasers must haveresided in the State for 90 days, and are limited to onepurchase every 30 days.

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

Regulated sales. Background checks. are required forsales of "regulated firearms" (handguns and assaultweapons) by licensed dealers and unlicensed persons.A dealer is required to have a State regulated-firearmslicense in addition to a Federal license. An unlicensedperson selling at a gun show must obtain a temporarytransfer permit, have a fixed display and comply withthe same restrictions imposed upon licensed dealers.

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

Background checks. The Maryland State Police(MSP) is a partial point of contact for the NICS andconducts checks on regulated firearms buyers.Dealers transmit applications to the MSP by certifiedmail or fax. Private sales are processed throughdealers or State police installations. Checks must becompleted within 7 days unless placed on hold becauseof a criminal proceeding without a disposition. The FBIchecks all redemptions, and sales of long guns notregulated by State law. ATF allows concealed handgunpermits issued after November 30, 1998, to be used fora purchase without a NICS check.

Waiting period. A 7-day waiting period is required fortransfers of regulated firearms (beginning whenapplication is filed), regardless of when a backgroundcheck is completed.

Information from applicants. The State requires thepurchaser's name, address, race, sex, height, weight,hair and eye color, date and place of birth, driver'sidentification number, Social Security number,occupation and date of application, plus the caliber,make, model, and serial number of the weapon.

Purchaser fees. A $10 application fee is charged bythe State.

State data. Maryland maintains fully automatedfugitive and criminal history files, plus domesticviolence restraining order/misdemeanor andprobation/parole data.

Check processing time. Routine applications areprocessed in approximately 5 days. Applications whichrequire additional research are normally processed inless than 1 month.

Retention of records. A permanent record of allcompleted transactions of regulated firearms ismaintained by MSP. Denied applications aremaintained indefinitely.

Registration. Permanent transaction records containthe caliber, make, model, serial number and specialcharacteristics of each regulated firearm transferred.

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

Arrests of denied persons. All denied persons arereported to the MSP Firearms Investigation Unit.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 25,222applied; 236 denied; 0.9% denial rate. 11/29/98 to6/30/99: 17,774 applied; 258 denied; 1.5% denial rate.


Relevant laws. Code of Maryland 27-36A et seq;27-441 et seq.

Source of information. Maryland State PoliceFirearms Enforcement Division.


Massachusetts


Prohibited persons. Massachusetts law prohibitsissuing firearm identification cards or licenses to carryto persons who were convicted or adjudicateddelinquent for the commission of felonies,misdemeanors punishable by more than 2 yearsimprisonment, certain violent crimes, or weapon or drugoffenses. Others barred are mentally ill, drug or alcoholaddicts, under age, aliens, subject to protection orders,or fugitives. A permit to purchase may be issued to aperson who is not a minor if it appears that thepurchase is for a proper purpose.

Restoration of rights. Persons who committeddisqualifying adult or juvenile offenses, except forcertain offenders, can regain the right to possess riflesand shotguns 5 years after completion of the sentenceor adjudication without additional violations. Rights canalso be restored through a governor's pardon.

Regulated sales. Permits are required for transfers ofrifles, shotguns and "firearms" by dealers and privatepersons. Weapon types are mainly distinguished bytheir barrel lengths: rifles, equal to or greater than 16inches; shotguns, equal to or greater than 18 inches;"firearms," less than 16 inches or a shotgun less than18 inches. Firearms cannot be pawned in the State.

Permits. A license to carry (class A), valid for 4 years,is required for unlimited purchases of rifles, shotgunsand firearms. A firearm identification card can be usedfor the purchase of non-large capacity rifles, shotgunsor ammunition. A permit to purchase, valid for 10 days,is required for firearm transfers.

Background checks. Licensing authorities (351 policedepartments) forward identification card applications tothe Massachusetts State Police (MSP), which conductscriminal history and fingerprint checks. MSP informs alicensing authority of check results within 30 days; theauthority renders a decision within 40 days from thedate of application. The State is not a point of contactfor the NICS. Dealers contact the FBI for all checksrequired by the NICS. ATF allows licenses to carryissued before 11/30/98 to be used for purchaseswithout a NICS check.


Information from applicants. Identification cardapplicants must provide the following: name, aliases,mother's maiden name, father's name, date and placeof birth, home and business addresses, employer,occupation, telephone number, build, complexion, eyeand hair color, height, weight, fingerprints, photographand references. A Social Security number is optional.

Purchaser fees. A $25 fee is charged for identificationcards, licenses to carry and permits to purchase.

State data. The State maintains fully automatedfugitive, criminal history, probation/parole, juvenile,misdemeanor conviction (over 2 years imprisonment)and domestic violence restraining order/misdemeanordata on a statewide network. Manual files are kept onmental health data.

Check processing time. No statewide information isavailable

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

Registration. Rifles, shotguns and firearms purchasedin the State are registered. New residents have 60days to register their firearms.

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



1998/1999 legislative developments. Identificationcard and permit requirements were substantiallyrevised.

Relevant laws. Massachusetts General Laws 140-121et seq.

Source of information. Massachusetts Department ofPublic Safety.


Michigan


Prohibited persons. Michigan prohibits issuinglicenses to purchase handguns to persons who thelicensing agency has probable cause to believe will usethe gun to harm themselves or others, or to violate thelaw. Further, licenses cannot be issued to persons whoare subject to various orders and dispositions; underthe age of 18; not U.S. citizens and legal residents ofthe State; charged with or convicted of felonies;adjudged legally insane or incapacitated; or involuntarilycommitted due to mental illness.

Restoration of rights. Persons convicted ofnonviolent or drug offenses regain the right to own ahandgun 3 years after completion of their sentences.Violent offenders may have their rights restored 5 yearsafter completion of a sentence, if approved by a countyConcealed Weapons Licensing Board, or upon appealto circuit court. Rights can also be restored if aconviction is expunged or set aside or the person ispardoned.

Regulated sales. For sales, gifts and loans ofhandguns by licensed dealers and unlicensedindividuals, Michigan law requires the receiver topossess a license. Handguns cannot be pawned.

Permits. Michigan requires a license, which is valid for10 days, for every purchase of a handgun. A separatelicense is required to carry a concealed handgun.

Background checks. Checks on applicants forhandgun purchase licenses are conducted by 595sheriffs and police departments, which are partial pointsof contact for the NICS. Larger agencies generallyhave their own automated inquiry system, while otheragencies use the statewide system to check on licenseapplicants. Dealers in Michigan must contact the FBIfor checks on sales and redemptions of long gunsrequired by the NICS. ATF allows handgun purchaselicenses to be used at the point of sale in lieu of theNICS check.


Information from applicants. The state's applicationfor a license to purchase includes the person's name,address, race, sex, height, hair and eye color, and dateof birth. At the time of registration, the make, caliber,

type, model, and serial number of the handgun arerecorded.

Purchaser fees. Any fee not exceeding $5 can becharged for a license to purchase a handgun.

State data. Fully automated fugitive, criminal history,domestic violence restraining order, probation/parole,adjudicated mentally defective and juvenile (ifreportable to the State) data are available statewide.Some corrections data are also available. Domesticviolence misdemeanors can be located through anautomated pointer that requires manual research.

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

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

Registration. Michigan requires registration ofhandguns.

Appeals of denials. A person denied a handgunlicense can appeal to the denying agency and further tocircuit court.

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



Relevant laws. Michigan Compiled Laws 28.421 etseq; 123.1101 et seq; 750.222 et seq.

Source of information. Michigan State Police.


Minnesota

FBI conducts NICS checks State conducts separate checks

Prohibited persons. Minnesota firearm possessionlaws include restrictions on certain persons who areminors, violent offenders, mentally ill, drug addicts,fugitives or illegal aliens, as well as those who havebeen dishonorably discharged from the military or haverenounced U.S. citizenship.

Restoration of rights. Persons convicted of oradjudicated delinquent for committing crimes ofviolence may possess firearms if 10 years haveelapsed since restoration of civil rights or expiration ofthe sentence or disposition (whichever occurs first) andthe person has not been convicted of or adjudicated forany other crime of violence. Civil rights can be restoredby an expungement or a pardon.

Regulated sales. State law requires backgroundchecks on all persons attempting to obtain a permit orpurchase handguns or assault weapons from licenseddealers.

Permits. Minnesota allows its citizens to obtain atransferee permit which is valid for 1 year and can beused to purchase an unlimited number of handgunsand assault weapons. A permit to carry is required topossess a concealed firearm and also constitutes atransferee permit. In the alternative, citizens canundergo a background check each time they purchasean unlimited number of handguns or assault weapons.

Background checks. Five-hundred sixty-eight sheriffsand police departments conduct checks after receivingtransferee permit applications or transfer reports (onpersons without permits) from dealers. A permit shallbe issued or denied within 7 days of application. After atransfer report is filed, a dealer can complete thetransaction if a notice of disqualification from thechecking agency is not received within 5 business days.In addition, dealers in Minnesota contact the FBI for allchecks required by the NICS.

Waiting period. A wait of 5 business days (7 days) isrequired for purchases of handguns or assaultweapons without a permit, regardless of when abackground check is completed. All or part of thewaiting period can be waived by the checking agency

because of a threat to the life of the transferee or amember of the transferee's household.

Information from applicants. A permit application ortransfer report requires the transferee's name, address,telephone number, driver's license number, sex, date ofbirth, height, weight, eye color and distinguishingphysical characteristics. Applicants must show anidentification card with a color photograph.

Purchaser fees. State law does not allow any fees tobe charged.

State data. Minnesota maintains fully automatedcriminal history, fugitive, juvenile and domestic violencerestraining order data on a statewide network. Manualfiles contain information on mental health and chemicaldependency. Automation of mental health anddomestic violence misdemeanor data are underway.

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

Retention of records. Approved and deniedapplications are kept at the discretion of the checkingagencies. However, a sheriff or chief of police will notmaintain any record of an approved transferee's identityif that person requests return of the transfer report.


Appeals of denials. Persons denied a permit orfirearm can appeal to the county or municipal court.

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



Relevant laws. Minnesota Statutes 609.165; 609.224;624.711 et seq.

Source of information. Minnesota Department ofPublic Safety.


Mississippi


Prohibited persons. Mississippi law makes it unlawfulto transfer a firearm to a person whom the transferorknows to be a minor under the age of 18 or in a State ofintoxication. A person convicted of a felony cannot possess a firearm, and a person under the age of 18cannot possess a handgun except in limitedcircumstances.

Restoration of rights. A convicted felon's right topossess firearms can be restored by a governor'spardon or a certificate of rehabilitation from thesentencing court.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Mississippicontact the FBI for all checks required by the NICS.ATF allows a concealed handgun license to be used fora purchase without a NICS check.




State data. The State maintains an automatedmessage switch that allows local agencies to accessthe National Crime Information Center (NCIC) and theInterstate Identification Index (III). Arrest anddisposition data on felonies and misdemeanorsbecame available online during 1998.








Relevant laws. Mississippi Code 45-9-201; 97-37 etseq.

Source of information. Mississippi Department ofPublic Safety.


Missouri

FBI conducts NICS checks State conducts separate checks

Prohibited persons. Missouri law requires that anapplicant for a permit to acquire a handgun be at least21 years of age, a U.S. citizen and a State resident forat least 6 months. A permit cannot be issued to aperson who is convicted of a felony or misdemeanorspecified in State law; a fugitive or someone chargedwith a crime; dishonorably discharged from U.S. armedforces; habitually intoxicated or drugged; adjudgedmentally incompetent; or found to have rendered afalse statement on the application. It is unlawful torecklessly transfer a firearm to a person who isintoxicated or to a person less than 18 years old withoutconsent of the child's parent or guardian.

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

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

Permits. Missouri mandates a permit to acquire whichis valid for 30 days and can be used to purchase onehandgun. The State does not issue concealed firearmpermits.

Background checks. One-hundred-fourteen countysheriffs and the St. Louis County Police Departmentconduct background checks on applicants for permitsto acquire handguns. A maximum period of 7 businessdays is allowed to complete the process. The State isnot a point of contact for the NICS. Licensed dealers inMissouri contact the FBI for all checks required by theNICS.


Information from applicants. A permit applicant must provide the following: name, residence andbusiness addresses, height, hair and eye color, date ofbirth, Social Security number, occupation, date ofapplication and reason for desiring a permit, plus thetype, make, model and serial number of the handgunobtained.

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

State data. Missouri maintains fully automated fugitive,criminal history, domestic violence restrainingorder/misdemeanor and probation/parole data on astatewide computer network.

Check processing time. No statewide information isavailable

Retention of records. Approved and denied permitapplications are retained indefinitely.

Registration. Handguns are not registered by theState, but are registered by some counties andmunicipalities.

Appeals of denials. A person denied a permit canappeal to small claims court.



1998/1999 legislative developments. Amendmentsallowed probation and parole personnel to carryfirearms at all times and exempted transfer of certainfirearms from permit requirements.

Relevant laws. Missouri Revised Statutes 571.010 etseq.

Source of information. Missouri State HighwayPatrol.


Montana


Prohibited persons. Montana law prohibitspossession of firearms by convicted felons. It isunlawful for persons under 14 to carry firearms in publicwithout adult supervision.

Restoration of rights. A convicted felon's right topossess firearms can be restored by a governor'spardon or upon completion of the sentence (except forcertain offenders who must apply to the court for apermit to purchase firearms).


Permits. Montana does not require a permit topurchase firearms, but does require concealed weaponpermits.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Montanacontact the FBI for all checks required by the NICS.ATF allows concealed weapon permits to be used forpurchases in lieu of a NICS check.




State data. Montana maintains fully automated fugitiveand criminal history data on a statewide network.Some domestic violence data are also available.








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

Source of information. Montana Department ofJustice.


Nebraska


Prohibited persons. Nebraska prohibits issuing atransfer certificate to any person who may not purchaseor possess a handgun under any applicable Federal,State, or local law. State law forbids the possession ofa handgun by a person who is under the age of 18(except in limited circumstances), a convicted felon or afugitive from justice.

Restoration of rights. A convicted felon's right topossess a handgun can be restored by a pardon.

Regulated sales. A transfer certificate is required forhandgun sales by licensed dealers and unlicensedpersons, with limited exceptions.

Permits. The transfer certificate needed to purchasehandguns is valid for up to 3 years and can be used forunlimited purchases. The State does not issueconcealed firearm permits

Background checks. Ninety-three county sheriffs andthe Lincoln and Omaha Police Departments are partialpoints of contact for the NICS. These agenciesconduct checks required by Federal and State law onapplicants for handgun transfer certificates. Amaximum period of 2 days is allowed under State lawto investigate and decide on an application. Licenseddealers in Nebraska contact the FBI for checks on longgun purchasers required by the NICS. ATF allows atransfer certificate to be used in lieu of a NICS check atthe point of sale.


Information from applicants. A transfer certificateapplication includes the person's name, address, race,sex, height, weight, hair color, date of birth, and SocialSecurity number plus the date of application.

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

State data. Nebraska maintains a statewide networkwith automated data on fugitives, criminal history, probation/parole and mental health commitmentswithout a discharge in the last 5 years.

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

Retention of records. Approved and deniedapplications are kept at the discretion of the checkingagencies.


Appeals of denials. A person denied a transfercertificate can appeal to the county court.

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



Relevant laws. Nebraska Revised Statutes 28-1202;69-2401 et seq.

Source of information. Nebraska State Patrol.


Nevada


Prohibited persons. Nevada law prohibits possessionof firearms by persons who are under 14 years of ageand are not supervised by an adult, or have beenconvicted of a felony. It is illegal to sell a handgun to achild under the age of 18.

Restoration of rights. The State allows a convictedfelon's right to possess firearms to be restored if theperson is honorably discharged from probation.Restoration can occur through a governor's pardon thatdoes not restrict the right to bear arms. If a pardondoes not restore civil rights, the person may apply to aboard of pardon commissioners, whose decision canbe appealed to State district court.

Regulated sales. Pursuant to an executive order ofthe governor, Nevada enforces the Brady Act'srequirement of background checks on transfers bylicensed dealers. Under State law, unlicensed sellershave the option of requesting a check on the purchaserfrom the Nevada Point-Of-Sale Firearms Program.

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

Background checks. The Nevada Highway Patrol(NHP) is a point of contact for the NICS and conductsall checks required by Federal law in addition to checksrequested by unlicensed sellers. Firearms dealersrequest instant checks by using a 1-800 number orregular telephone number. ATF allows concealedfirearm permits to be used for purchases withoutsubsequent NICS checks.


Information from applicants. Licensed dealers inNevada use the ATF forms when preparing to conducta firearm transaction. No separate State form isrequired.

Purchaser fees. The fee for a firearms backgroundcheck is $15.

State data. The State maintains fully automatedfugitive, criminal history, and domestic violencemisdemeanor data on a statewide network. Aprotective order registry is currently under development.

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

Retention of records. Information from approvedtransactions is retained for a maximum period of 20days; information from denied transactions is retainedindefinitely.

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

Appeals of denials. A person denied a firearm canappeal to NHP and further to the Hearings Office of theDepartment of Motor Vehicles and Public Safety.

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



Relevant laws. Nevada Revised Statutes 202-253 etseq.

Source of information. Nevada Highway Patrol.


New Hampshire


Prohibited persons. New Hampshire law providesthat firearms cannot be possessed by or transferred to persons convicted of certain felonies. Handgunscannot be transferred to minors except in limitedcircumstances.

Restoration of rights. State law does not provide for restoration of a convicted felon's right to possessfirearms.

Regulated sales. Background checks are required on persons who purchase handguns from licenseddealers.

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

Background checks. The New HampshireDepartment of Safety (DOS) is a partial point of contactfor the NICS and conducts checks required by Federaland State law. Licensed dealers request instant checkson sales and redemptions of handguns by using a1-800 number. The maximum period allowed for DOSto complete a background check is 3 days. Dealerscontact the FBI for checks on sales and redemptions oflong guns.


Information from applicants. New Hampshire'sapplication includes the purchaser's name, race, sex,date of birth and Social Security or driver's licensenumber, plus the date of application.


State data. The State maintains fugitive, criminalhistory and domestic violence restrainingorder/misdemeanor data on a statewide computernetwork.

Check processing time. Routine transactions arenormally processed in less than 5 minutes.Transactions requiring additional research normally areprocessed in less than 4 hours.

Retention of records. Information on an approvedtransaction is retained by DOS for a maximum period of20 days; information on denied transactions is retainedfor 3 years.


Appeals of denials. State law provides that a persondenied a handgun by DOS can appeal to that agency,and further to superior court.

Arrests of denied persons. DOS notifies ATF ofpersons who submit false information. In cases ofoutstanding warrants, DOS notifies the agency withjurisdiction over the fugitive.



Relevant laws. New Hampshire Revised Statutes12:159:1 et seq.

Source of information. New Hampshire State Police.


New Jersey

State conducts NICS checksState conducts separate checks

Prohibited persons. Firearm permits cannot beissued to persons who are convicted of crimes; drugdependent; confined for mental disorders; habitualdrunkards; physically unable to handle firearms; underage 18; found to have submitted false information; orbarred from firearm possession by court order.Issuance of a permit must not contravene the interestof public health, safety, or welfare.

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

Regulated sales. Permit regulations pertain to firearmsales by licensed dealers and unlicensed persons.Firearms cannot be pawned in the State.

Permits. State law requires a permit to purchase ahandgun, which is valid for 90 days. An unlimitednumber of long guns can be acquired with a firearmspurchaser identification card, which is valid untilrevoked for a violation of law. A permit is required tocarry a handgun.

Background checks. Checks on applicants forpermits and identification cards are conducted by 505local police departments and the New Jersey StatePolice (for some unincorporated areas). If no cause fordenial exists, a permit or identification card shall begranted within 30 days (or 45 days for a non-residentapplication). In addition, the State police is a point ofcontact for the NICS and conducts all checks requiredby Federal law. Licensed dealers call the State policefor instant checks on purchasers who have obtained apermit or an identification card.

Waiting period. Handgun transfers require a 7-daywaiting period (beginning when application is filed),regardless of when a background check is completed.

Information from applicants. Permit andidentification card applications require the person'sname, address, date and place of birth, citizenship,Social Security number, sex, height, weight, race, haircolor, complexion, eye color, distinguishing physicalcharacteristics, occupation, name and address ofemployer, date of application and two references.

Questions on firearms disabilities must be answered.First-time applicants must submit fingerprints.

Purchaser fees. The fingerprint fee is $49. Documentfees are $2 for a permit to purchase a handgun and $5for a firearms purchaser identification card.

State data. The State maintains fugitive, criminalhistory, domestic violence (restraining order andmisdemeanor), juvenile, and probation/parole data.Mental health files are under development and onlypartial data are available.

Check processing time. Permit and identification cardapplications are normally processed in less than 1month; applications which require additional researchare normally processed in less than 6 months.

Retention of records. Permit and identification cardapplications are retained indefinitely.

Registration. Handguns are registered in New Jerseyat the time of purchase.

Appeals of denials. Persons denied a permit oridentification card can appeal to the denying agencyand further to superior court.

Arrests of denied persons. Local police departmentsarrest denied persons in some cases. The State policeNICS Unit reports denied persons to either theinvestigation unit or ATF (Federal violations). NCICfelony warrants are reported to the fugitive unit; otherfelony warrants are reported to local departments.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 18,995applied; 198 rejected; 1.0% denial rate. 11/30/98 to6/30/99: 20,112 applied; 102 denied; 0.5% denial rate.

1998/1999 legislative developments. Temporarytransfers of firearms from certified training instructors toparticipants in their courses were allowed by anamendment.

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

Source of information. New Jersey State Police.


New Mexico


Prohibited persons. New Mexico law prohibitspossession of firearms by felons and possession ofhandguns by persons under the age of 19.

Restoration of rights. The State allows a convictedfelon's right to possess firearms to be restored by agovernor's pardon or upon the expiration of 10 yearsafter completion of the sentence without additionalviolations.


Permit A permit is not required to purchase firearms.The State does not issue concealed firearm permits.





State data. New Mexico maintains criminal history,domestic violence misdemeanor and juvenile data on astatewide network. These files are 30% automated and70% manual, with search requests made by teletype tothe Department of Public Safety.








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

Source of information. New Mexico Department ofPublic Safety.


New York


Prohibited persons. New York will not issue a licenseto carry or possess a handgun to any person who is notof good moral character; has been convicted of a felonyor a "serious offense;" suffers from any mental illnessor has been confined to any hospital or institution formental illness; or has had a license revoked, or is undera suspension or ineligibility order. A person under 16years of age cannot possess a firearm except in limitedcircumstances.

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

Regulated sales. Every person who receives ahandgun must have a license. A dealer is required tohave a State license.

Permits. Each handgun purchased requires a licensewhich specifies conditions for possession and carrying.A license is valid throughout the State, except in NewYork City, where additional rules of validity apply.Licenses are valid until revoked but have a fixedduration in New York City (3 years) and in Nassau,Suffolk and Westchester counties (5 years).Purchasing additional handguns requires a licenseamendment.

Background checks. Fifty-eight county judges issuehandgun licenses and are partial points of contact forthe NICS. Applicants for licenses contact local sheriffsand police departments, which conduct backgroundchecks on behalf of the judges. Fingerprints areforwarded to a State agency and to the FBI forprocessing. Applications must be acted upon within 6months unless there is good cause for delay. A NICScheck is required for amendments to non-expiringlicenses unless a check on the holder occurred duringthe preceding 5 years. Licensed dealers in New Yorkcontact the FBI for checks on long gun sales and on allfirearm redemptions. ATF allows handgun licenses tobe used for purchases without a NICS check.


Information from applicants. A license applicantmust provide the following: name, address, race, sex,height, weight, hair color, eye color, date of birth, SocialSecurity number, fingerprints, business address,previous address, occupation, character referencesand date of application plus the type, make, model, andserial number of the weapon.

Purchaser fees. License fees vary by issuingauthority, but are at least $74, including a fingerprintprocessing charge.

State data. The State maintains criminal history,fugitive, mental health and domestic violencerestraining order/misdemeanor data.


Retention of records. Licensing authorities retainapproved and denied applications indefinitely.

Registration. Handguns are registered in New York.

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



1998/1999 legislative developments. Amendmentsprohibited the possession or use of a disguised gunand allowed certain minors to possess long guns atshooting ranges if supervised by a conservation agent.

Relevant laws. New York Penal Law 265.00 et seq;400.00 et seq; Criminal Procedure Law 530.14.

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


North Carolina


Prohibited persons. North Carolina law prohibitsissuing a handgun permit to any person who is not ofgood moral character; under indictment for or convictedof certain felonies; a fugitive; an unlawful user of drugsor a drug addict; adjudicated mentally incompetent orcommitted to a mental institution; an illegal alien;dishonorably discharged from the armed forces; subjectto a domestic violence restraining order; or who hasrenounced U.S. citizenship. A minor under the age of18 cannot possess a handgun except in limitedcircumstances.

Restoration of rights. A convicted felon's right toobtain a handgun permit can be restored by a Federalor State pardon.

Regulated sales. Handgun permit requirements applyto all sales by licensed dealers and unlicensed persons.

Permits. The State requires a permit, valid for 5 years,to purchase a handgun. A permit is required to carry aconcealed handgun.

Background checks. One-hundred county sheriffs arepartial points of contact for the NICS and conductchecks on applicants for handgun permits Sheriffs areallowed 30 days to complete checks. Licensed dealersin the State contact the FBI for checks on long gunsales and on all firearm redemptions. ATF allowshandgun purchase and carry permits to be used at thepoint of sale in lieu of the NICS check.


Information from applicants. Information requestedfrom permit applicants is at the discretion of the countysheriff.

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

State data. North Carolina maintains fully automatedfugitive, criminal history, probation/parole, domesticviolence restraining order/misdemeanor and motorvehicle data on a statewide network.


Retention of records. County sheriffs retain data onapproved permits for 5 years; data on deniedapplications is retained indefinitely.


Appeals of denials. Handgun permit denials can beappealed to State district court.




Relevant laws. North Carolina General Statutes14-269; 14-402 et seq.

Source of information. North Carolina State Bureauof Investigation.


North Dakota


Prohibited persons. North Dakota law provides thatfirearms cannot be possessed by or transferred topersons who have been convicted of felonies ormisdemeanors involving violence or intimidation orwere diagnosed and confined or committed to hospitalsor institutions as a mentally ill persons. Handgunscannot be possessed by or transferred to personsunder the age of 18, except in limited circumstances.

Restoration of rights. A convicted felon's right topossess firearms can be restored 5 or 10 years aftercompletion of the sentence with no additional violations,depending on the type of offense committed.


Permits. North Dakota does not require a permit topurchase firearms. A permit is required to carryconcealed firearms.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in the Statecontact the FBI for all checks required by the NICS.ATF allows concealed firearm permits issued before11/30/98 to be used for a purchase without a NICScheck.




State data. North Dakota maintains partiallyautomated fugitive and criminal history data on astatewide network. Court restraining order data arealso available.







1998/1999 legislative developments. An amendmentrevised the of definition of persons who cannot possessfirearms because of mental illness.

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

Source of information. North Dakota Bureau ofCriminal Investigation.


Ohio


Prohibited persons. Ohio law prohibits possession ofa firearm by a person who is a fugitive; underindictment for or convicted of any felony offense ofviolence; adjudicated as a delinquent child for anoffense that if committed by an adult would have beena felony offense of violence; under indictment for orconvicted of any offense involving possession or sale ofdrugs; adjudicated as a delinquent child for an offensethat if committed by an adult would have been anoffense involving possession or sale of drugs; drugdependent; a chronic alcoholic; or under adjudication ofmental incompetence. Handguns cannot betransferred to or purchased by persons under 21 yearsof age and firearms cannot be transferred to orpurchased by persons under 18 years of age, except inlimited circumstances.

Restoration of rights. A person convicted of oradjudicated delinquent for a felony offense of violenceor a drug offense can have firearm rights restored by acourt of common pleas if the person has been lawabiding since completion of the sentence oradjudication.


Permits. A permit is not required to purchase firearms. The State does not issue concealed firearm permits.

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Ohio contactthe FBI for all checks required by the NICS.




State data. Ohio maintains fully automated fugitive,criminal history, domestic violence restrainingorder/misdemeanor and probation/parole data on astatewide network.







1998/1999 legislative developments. The legislatureamended the statute which prohibits conveying adeadly weapon onto the grounds of certain facilities,and increased the penalty for improperly discharging afirearm at or into a habitation or school.

Relevant laws. Ohio Revised Code 2923.11 et seq.

Source of information. Ohio Bureau of CriminalIdentification.


Oklahoma


Prohibited persons. Oklahoma law prohibits transferof a firearm to a person who is under 18 years of age(except in limited circumstances); under adjudication ofmental incompetency; a convicted felon; an adjudicateddelinquent; under the influence of alcohol or drugs; ormentally or emotionally unbalanced or disturbed. It isunlawful for a firearm to be possessed by a person whois a convicted felon, adjudicated delinquent or subjectto supervision, probation, parole or inmate status.

Restoration of rights. Oklahoma allows a convictedfelon's right to own a handgun to be restored if theperson was convicted of a non-violent offense andreceives a complete pardon from the proper authority.Persons adjudicated delinquent regain the right topossess firearms 10 years after completion of theadjudication without additional violations.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in the Statecontact the FBI for all checks required by the NICS.ATF allows exemptions from the NICS check forholders of concealed handgun permits issued between5/16/96 and 11/30/98.




State data. Oklahoma maintains fully automatedcriminal history data on a statewide network.








Relevant laws. Oklahoma Statutes 21-1271.1 et seq.

Source of information. Oklahoma State Bureau ofInvestigation.


Oregon


Prohibited persons. Oregon law prohibits possessionof a firearm by certain persons who are minors, juvenileoffenders, felons or mentally ill. It is illegal to transfer afirearm to certain persons who are minors, felons,fugitives, under arrest, mentally ill or guilty ofmisdemeanors involving violence.

Restoration of rights. A convicted felon's right to owna firearm can be restored by Federal relief,expungement, or the passage of 15 years sincecompletion of a sentence for a felony which did notinvolve criminal homicide or the use of a weapon,provided there is only one felony conviction on theperson's record.

Regulated sales. State law requires backgroundchecks on persons who purchase handguns fromlicensed dealers.

Permits. Oregon does not require a permit topurchase firearms but does require a license to carry aconcealed weapon.

Background checks. The Oregon State PoliceFirearms Unit is a partial point of contact for the NICSand conducts checks on handgun purchasers requiredby Federal and State law. When dealers call a 1-800number for the firearms unit, queries are processed onthe purchaser and the handgun being sold; the dealeris given a transaction number for an approval orinformed that the applicant is denied. Dealers contactthe FBI for checks on long gun transfers required by theNICS. ATF allows concealed weapon permits issuedbefore 11/30/98 to be used for purchases without aNICS check.


Information from applicants. Prospective purchaserssubmit the ATF form and a State police thumbprintform.

Purchaser fees. A fee of $10 is charged for abackground check.

State data. Oregon maintains criminal history, fugitive,stolen gun, domestic violence restraining order, juvenile

and mental health data on a statewide computernetwork.

Check processing time. Routine transactions arenormally processed in less than 5 minutes; transactionswhich require additional research are normallyprocessed in less than 3 days.

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


Appeals of denials. Persons denied a handgun canappeal to the State Police, Identification ServicesSection.

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

1998/1999 firearm checks. 1/1/98 to 11/29/98: 42,523applied; 1,069 denied; 2.5% denial rate. 11/30/98 to6/30/99: 33,922 applied; 918 denied; 2.7% denial rate.


Relevant laws. Oregon Revised Statutes 166.170 etseq.

Source of information. Oregon State Police.


Pennsylvania


Prohibited persons. Pennsylvania law prohibitspossession of firearms by persons who are convicted of"enumerated offenses;" fugitives; convicted of certaindrug offenses; convicted of 3 alcohol-related drivingoffenses in a 5-year period; adjudicated incompetent orinvoluntarily committed to a mental institution; illegalaliens; subject to a protection order which provides forconfiscation of firearms; adjudicated delinquent forcertain offenses; or under the age of 18 except inlimited circumstances.

Restoration of rights. For some prohibited persons,the court may restore State firearm rights in the eventof a governor's pardon, Federal relief, vacation of theconviction, or expiration of 10 years since conviction(not including incarceration time). Certain personsadjudicated delinquent regain their rights 15 years afterthe last applicable adjudication or upon reaching theage of 30, whichever is earlier.

Regulated sales. Background checks are required onpersons who purchase firearms from state-licenseddealers. Check requirements also apply to transfers ofhandguns between unlicensed persons, which mustoccur at the place of business of a licensed importer,manufacturer or dealer, or at a county sheriff's office.Handguns cannot be pawned in the State.

Permits. The State does not require a permit topurchase firearms; a license is required to carry aconcealed firearm.

Background checks. The Pennsylvania State Policeis a point of contact for the NICS and conducts allchecks required by Federal and State law. Dealerscontact the Pennsylvania Instant Check System (PICS)by using a 1-800 number. The review shall beconducted as expeditiously as possible.


Information from applicants. The state's record ofsale contains the purchaser's name, address, race,sex, height, weight, hair color, eye color, date of birth,Social Security number, occupation and date ofapplication plus the make, model, serial number,caliber and barrel length of the firearm.

Purchaser fees. The maximum fee that can becharged is $2 for a background check and $3 for saleof a firearm subject to State sales tax.

State data. Pennsylvania maintains automatedcriminal history, fugitive, protection order andprobation/parole data on a statewide network. Statelaw provides that juvenile delinquency and mentalhealth records shall be made available to the Statepolice no later than October 11, 1999.

Check processing time. Routine transactions arenormally processed by PICS in less than 2 minutes.

Retention of records. The State police do not retaindata on approved transactions but do retain records ofdenied transactions.


Appeals of denials. A person denied a firearm mayappeal to the State police, with subsequent appealsavailable to the State attorney general andcommonwealth court.

Arrests of denied persons. In cases involvingfalsified applications or outstanding warrants, the Statepolice notifies the local agency with jurisdiction over theindividual. Persons who submit false information arealso reported to ATF.


1998/1999 legislative developments . Highlightsincluded authorization for PICS to begin operations onJuly 1, 1998.

Relevant laws. Pennsylvania Statutes 18-6101 et seq.

Source of information. Pennsylvania State Police.


Rhode Island


Prohibited persons. Rhode Island law prohibitspossession of firearms by persons who are convicted ofa crime of violence; fugitives from justice; convicted ofcertain felonies; subject to electronic surveillance ormonitoring; mentally incompetent; drug addicts;habitual drunkards; illegal aliens; or minors (except inlimited circumstances). Handgun purchasers arerequired to complete a firearm safety course.

Restoration of rights. A convicted felon's right to ownfirearms can be restored through a governor's pardon.

Regulated sales. State law requires backgroundchecks for transfers of firearms by licensed dealers andunlicensed persons.

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

Background checks. Thirty-nine local policedepartments conduct checks on firearms purchasersrequired by State law. Sellers transmit purchaseapplications by certified mail or in person to the policedepartments. If notice of denial is not received by theseller within 7 days, a transfer can proceed. The Stateis not a point of contact for the NICS. Licensed dealersin the State contact the FBI for all checks required bythe NICS.

Waiting period. A 7-day waiting period is required forall firearm transfers (beginning when application isfiled), regardless of when a background check iscompleted.

Information from applicants. Rhode Island'sapplication includes the purchaser's name, address,date of birth, place of birth, sex, height, weight, hair andeye color, scars, tattoos and other identifying marks,and questions concerning eligibility.

Purchaser fees. Fees are not mandated by State lawbut are at the discretion of the police departments.

State data. Rhode Island maintains fully automatedfugitive, criminal history, probation/parole, domesticviolence restraining order/misdemeanor and mentalhealth data on a statewide network.

Check processing time. Background checks arenormally completed within 5 days.

Retention of records. The checking agency and theState attorney general receive copies of each purchaseapplication, and are required by State law to retainapproved applications for no more than 30 days.Denied applications are retained indefinitely. Originalcopies of applications must be retained by sellers for 6years.


Appeals of denials. State law does not provide aprocedure for appealing firearm denials.




Relevant laws. Rhode Island General Laws 11-47-1 etseq.

Source of information. Rhode Island Department ofthe Attorney General.


South Carolina

FBI conducts NICS checks (beginning 10/1/99)State requests NICS checks (through 9/30/99)

[Note: On October 1, 1999, the State stopped servingas a POC, and the FBI assumed responsibility forconducting NICS checks.]

Prohibited persons. South Carolina law prohibitshandgun sales to or possession by any person who isconvicted of a crime of violence; a fugitive; a habitualdrunkard or drug addict; adjudicated mentallyincompetent; a member of a subversive organization;under 21 years of age (with limited exceptions); oradjudged unfit to carry or possess a pistol. Personswho purchase handguns from dealers must be Stateresidents and they are limited to one purchase in each30-day period.

Restoration of rights. A convicted felon's right to owna handgun can be restored if that person receives apardon or an expungement of the conviction, unless theoffense committed was a crime of violence.

Regulated sales. Pursuant to an executive order ofthe governor, South Carolina enforces the Brady Act'srequirement of background checks on persons whoreceive firearms from federally-licensed dealers. Retaildealers of handguns must have a State license.

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

Background checks. The South Carolina LawEnforcement Division (SLED) is a point of contact forthe NICS (effective until 10/1/99) and conducts allchecks required by Federal law. Dealers contact SLEDby using a 1-800 number. ATF allows concealedhandgun permits to be used for a purchase without aNICS check.


Information from applicants. South Carolina'sapplication includes the purchaser's name, homeaddress, business address, race, sex, height, weight,hair color, eye color, date of birth, place of birth, socialsecurity, driver's license and telephone numbers, Stateor military identification number, and date of applicationplus the type, make, model and serial number of theweapon. Fingerprints are requested when there is aquestion of identity.

Purchaser fees. SLED charges $5 for an approvedbackground check.

State data. South Carolina maintains fully automatedfugitive, criminal history, domestic violencemisdemeanor/restraining order and juvenile data on astatewide network. In addition, the State maintains a"30-day, one handgun purchase" file.

Check processing time. For routine transactions, theprocess normally is completed in less than 5 minutes; transactions requiring additional research are normallyprocessed in less than 15 minutes.

Retention of records. SLED retains data on approvedtransactions for 20 days and for denied transactionsindefinitely.


Appeals of denials. A person denied a firearm canappeal to SLED.

Arrests of denied persons. In cases involvingoutstanding warrants, SLED notifies the agency withjurisdiction over the fugitive.

1998/1999 firearm checks. 1/1/98 to 11/29/98: 42,123applied; 2,098 denied; 5.0% denial rate. 11/30/98 to6/30/99: 79,234 applied; 8,554 denied; 10.8% denialrate.

1998/1999 legislative developments. An executiveorder authorized the SLED to be a point of contactunder the NICS and to conduct background checks onhandgun and long gun purchasers, beginning 11/30/98and effective until October 1, 1999.

Relevant laws. South Carolina Code of Laws16-23-10 et seq; 23-31-10 et seq.

Source of information. South Carolina LawEnforcement Division.


South Dakota


Prohibited persons. South Dakota law prohibitspossession of a firearm by a person who has beenconvicted of a crime of violence or a felony or who hasa prior conviction for drug possession. A person underthe age of 18 cannot possess a handgun except inlimited circumstances. It is illegal to transfer a firearmto a person under the age of 18 if the transferor knowsor reasonably believes that the minor recipient intendsto use the firearm to commit a crime of violence.

Restoration of rights. The right to possess a firearmcan be restored through a governor's pardon or thepassage of time. A person who was last dischargedfrom prison, jail, probation or parole for a crime ofviolence or a felony controlled substances/marijuanaviolation (except mere possession) more than 15 yearsago regains the right to possess or control a firearm.For felony possession of controlled substances ormarijuana, the time period is 5 years. However, noperson convicted of a crime of violence may everlawfully purchase a pistol at retail.


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

Background checks. The State is not a point ofcontact for the NICS. Dealers in the State contact theFBI for all checks required by the NICS. ATF allowsconcealed handgun permits issued before 11/30/98 tobe used for purchases without a NICS check.

Waiting period. A 2-day waiting period is required forhandgun transfers (beginning when application is filed),regardless of when a background check is completed.Holders of valid, concealed handgun permits areexempt from the waiting Period.

Information from applicants. State law requires thathandgun purchasers provide the following information:name, date and place of birth, address, occupation,physical description, and date and hour of application.


State data. South Dakota maintains fully automatedfugitive, criminal history, probation/parole, and domesticviolence protective order data on a statewide network.A driver's history file is available to check for additionaldata. Domestic violence misdemeanors can beidentified by researching criminal history.


Retention of records. County sheriffs receive copiesof handgun purchase applications from licenseddealers and are required by State law to retain theircopies for a period of one year.





1998/1999 legislative developments. A new chapteron unlawful use of weapons provided that a personconvicted of a crime of violence or a felony drugpossession offense cannot possess or control a firearmunless the

person was last discharged from prison, jail, probationor parole for felony drug possession more than 5 yearsago, or, for other drug felonies or a crime of violencemore than 15 years ago.

Relevant laws. South Dakota Codified Laws 22-14-15et seq; 23-7-1 et seq.

Source of information. South Dakota AttorneyGeneral's Office.


Tennessee


Prohibited persons. Tennessee law prohibits firearmsales by licensed dealers to persons who are minors,intoxicated, addicted to alcohol or ineligible underFederal law. Handguns cannot be possessed bypersons who are less than 18 years of age (except inlimited circumstances) or under the influence of alcoholor any controlled substance.

Restoration of rights. A convicted felon's right topossess firearms can be restored if the person waspardoned, the conviction was expunged or set aside, orthe person's civil rights were restored by the circuitcourt.


Permits. A permit is not required to purchase afirearm; a permit is required to carry a concealedhandgun.

Background checks. The Tennessee Bureau ofInvestigation (TBI) is a point of contact for the NICSand conducts all checks required by Federal and Statelaw. Dealers contact TBI by telephone; 250 highvolume dealers can also use computers with a"point-of-sale device."


Information from applicants. The state's applicationincludes the purchaser's name, previous names, dateand place of birth, address, Social Security number,race, sex, height, weight, thumbprint and date ofapplication. The type, make, model and serial numberis recorded for each weapon purchased.

Purchaser fees. TBI may charge a reasonable fee,not to exceed $10, for a background check.

State data. Tennessee's Law EnforcementCommunications Network maintains criminal history,fugitive, domestic abuse restraining order, sex offenderand stolen gun data. Domestic abuse misdemeanorconvictions can be identified if annotated on afingerprint card by a local agency.

Check processing time. Routine transactions arenormally processed in less than 5 minutes; transactionswhich require additional research are normallyprocessed in less than 1 day.

Retention of records. Information on approvedtransactions is not retained by TBI, except for approvalnumbers and dates assigned. Information on deniedtransactions is retained indefinitely, but is destroyed ifthe decision is reversed on appeal.


Appeals of denials. Persons denied a firearm canappeal to TBI.

Arrests of denied persons. TBI notifies ATF ofpersons who submit false information. For outstandingwarrants, TBI notifies the agency with jurisdiction overthe dealer's premises and the agency which enteredthe warrant.

1998/1999 firearm checks. 11/1/98 to 11/29/98:10,624 applied; 700 denied; 6.6% denial rate. 11/30/98to 6/30/99: 139,469 applied; 9,306 denied; 6.7% denialrate.

1998/1999 legislative developments. Amendmentseliminated the State waiting period and authorizedinstant checks by the Tennessee Bureau ofInvestigation on persons who purchase or redeemhandguns or long guns, effective 11/1/98.Relevant laws. Tennessee Code 39-17-1301 et seq.

Source of information. Tennessee Bureau ofInvestigation.


Texas


Prohibited persons. Texas law prohibits knowinglytransferring a handgun to a person who intends to useit unlawfully or is subject to an active protective order.A firearm cannot be knowingly transferred to a personwho is younger than 18 years (without parentalconsent), intoxicated or a convicted felon.

Restoration of rights. A convicted felon's right topossess a handgun on the premises where he or shelives can be restored 5 years after completion of thesentence if no additional violations occur.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Texascontact the FBI for all checks required by the NICS.ATF allows an exemption from the NICS check forholders of concealed handgun licenses or peace officerlicenses issued before 11/30/98.




State data. Texas maintains fully automated fugitive,criminal history, domestic violence restrainingorder/misdemeanor, juvenile and probation/parole dataon a statewide network.








Relevant laws. Texas Penal Code 30.06; 42.12; 46.01et seq; Family Code 71.18.

Source of information. Texas Department of PublicSafety.


Utah


Prohibited persons. Utah law prohibits possession ofa firearm by a person who is convicted of a crime ofviolence; addicted to the use of any narcotic drug;declared mentally incompetent; or on parole orprobation for a felony. A handgun may not bepurchased, possessed or transferred by a person whois convicted of a felony; under indictment; an unlawfuluser of a controlled substances; a drug dependentperson; adjudicated as mentally defective or committedto a mental institution; an illegal alien; dishonorablydischarged from the Armed Forces; or who hasrenounced United States citizenship. A firearm cannotbe possessed by or sold to a minor under 18 years ofage except in limited circumstances.

Restoration of rights. The right to possess firearmscan be restored if a conviction is expunged or otherwiseremoved from the record.


Permits. Utah does not require a permit to purchasefirearms. A permit is required to carry a concealedfirearm.

Background checks. The Utah Bureau of CriminalIdentification (BCI) is a point of contact for the NICSand conducts all checks required by Federal and Statelaw. Dealers request instant checks by using a 1-800number or a regular telephone number. Holders ofconcealed firearm permits are exempt frompoint-of-sale background checks under ATF rules andState law. BCI verifies the validity of permits presentedto dealers.


Information from applicants. Utah requires anapplicant's name, address, race, sex, height, weight,hair color, eye color, date of birth, Social Securitynumber and date of application.

Purchaser fees. BCI charges $7.50 for a backgroundcheck.

State data. Utah maintains fully automated fugitive,criminal history, domestic abuse restraining

order/misdemeanor and motor vehicle data on astatewide network.

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

Retention of records. Under State law, BCI retainsdata on approved transactions for a maximum period of20 days. Data on denied transactions is retained for 1year.


Appeals of denials. Persons denied a firearm canappeal to BCI and further to a State review board.

Arrests of denied persons. A person who submitsfalse information or has outstanding warrants isreported by BCI to the agency with jurisdiction over theoffender.


1998/1999 legislative developments. Checkrequirements for handguns were extended byamendment to checks on other firearms to begin whenchanges required by Federal law took effect.

Relevant laws. Utah Code 53-5-702 et seq; 76-10-501et seq.

Source of information. Utah Bureau of CriminalIdentification.


Vermont


Prohibited persons. A firearm cannot be furnished toa child under 16 without the consent of a parent orguardian. A handgun cannot be possessed by a childunder 16 without the consent of a parent or guardian.

Restoration of rights. No State requirements.

Regulated sales. Vermont enforces the Brady Act'srequirement of background checks on persons whopurchase or redeem firearms from licensed dealers.

Permits. The State does not require a permit topurchase or carry firearms.

Background checks. The Chittenden County Sheriff'sOffice is a point of contact for the NICS and conductsall checks required by Federal law. Instant checks areconducted on persons who purchase or redeemfirearms from licensed dealers in the State.


Information from applicants. Firearms purchaserssubmit the standard ATF form. No separate State formis required.


State data. The State maintains automated filescontaining fugitive and domestic abuse misdemeanorinformation. Criminal history, probation/parole, andcourt restraining order data are also available.


Retention of records. Data on approved transactionsis retained for a maximum period of 20 days; data ondenied transactions is retained indefinitely.


Appeals of denials. Persons denied a firearm canappeal under Federal law.


1998/1999 firearm checks. 1/1/98 to 11/29/98: Nostatewide data available. 11/30/98 to 6/30/99: 9,944applied; 314 denied; 3.2% denial rate.

1998/1999 legislative developments. The Statedesignated the Chittenden County Sheriff's Office asthe point of contact for all firearm checks under theNICS.

Relevant laws. Vermont Statutes 13-4001 et seq.

Source of information. Vermont Department of PublicSafety; Chittenden County Sheriff's Office.


Virginia


Prohibited persons. Virginia law prohibits possessionof firearms by certain persons who are acquitted byreason of insanity; adjudicated incompetent orincapacitated; involuntarily committed; subject to aprotective order; convicted of a felony; found guilty as ajuvenile of a delinquent act which would be a felony ifcommitted by an adult; illegal aliens; or under the ageof 18. Handguns cannot be purchased by certainpersons who have been convicted of two misdemeanordrug offenses within 36 months. Firearms purchasersmust have resided in the State for at least 30 days. Anindividual cannot purchase more than one handgunevery 30 days unless authorized by the State Police.

Restoration of rights. The governor may grant apardon or removal of political disabilities to a personwho committed a felony or delinquent act and maycondition reinstatement of firearm rights. The circuitcourt may issue a permit to carry a firearm to a personwhose civil rights have been restored.


Permits. A permit is not required to purchase firearms;a permit issued by a circuit court is needed to carry aconcealed handgun.

Background checks. The Virginia State Police (VSP)is a point of contact for the NICS and conducts allchecks required by Federal and State law. Somedealers request instant checks by using a 1-800number or the mail to contact the Firearms TransactionProgram. High-volume dealers in the Direct AccessProgram use dial-in technology to request checks.


Information from applicants. The purchaser's name,date and place of birth, current address, Social Securityor other identifying number, race, sex, height andweight are required. The number of firearmspurchased in each transaction is recorded bycategories (rifle, shotgun, pistol or revolver).

Purchaser fees. VSP charges $2 for a check on aState resident and $5 for a non-resident.

State data. The State maintains fully automatedcriminal history, fugitive, juvenile, mental health,domestic violence restraining order/misdemeanor, anddrug user data, plus a file on misdemeanor drugconvictions and a calendar file on handgun purchases.

Check processing time. Routine transactions arenormally processed in less than 2 minutes; transactionswhich require additional research are normallyprocessed in less than 1 day.

Retention of records. Data on approved transactionsmay be retained for 30 days; however, multiplehandgun transaction records and a log of requests (withpurchaser name, dealer and approval numbers, anddate) may be maintained for 12 months. Records ofdenied transactions are retained for 2 years.


Appeals of denials. Persons denied a firearm mayappeal to VSP and further to circuit court.

Arrests of denied persons. VSP arrests all personsdenied because of an outstanding warrant, and arrestspersons who submit false information in some cases.Using set criteria, VSP decides which denied personsshould be prosecuted, in conjunction with ATF and U.S.attorneys for Federal violations or with commonwealthattorneys for State violations.

1998/1999 firearm checks. 1/1/98 to 11/29/98:148,278 applied; 2,251 denied; 1.5% denial rate.

11/30/98 to 6/30/99: 108,254 applied; 1,708 denied;1.6% denial rate.

1998/1999 legislative developments. The instantcheck law was amended to clarify rules regardingtransactions where a dealer receives no response fromthe State Police.

Relevant laws. Code of Virginia 18.2-279 et seq.

Source of information. Virginia State Police.


Washington


Prohibited persons. Washington law prohibitspossession of firearms by a person who is convicted ofa serious offense, felony or misdemeanor specified inState law; involuntarily committed for mental healthtreatment; under eighteen years of age; or free on bondor personal recognizance pending trial, appeal orsentencing for a serious offense.

Restoration of rights. An offender's right to possessfirearms may be restored by a governor's pardon.Except for certain offenders, persons without furtherviolations for 5 years after completing their sentencesmay petition the court of record for restoration offirearm rights.


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

Background checks. Two hundred ninety-onesheriffs’ and police departments are partial points ofcontact for the NICS and conduct checks on handgunpurchasers required by Federal and State law. Checksare conducted upon receiving applications from dealersin person, by fax, or by regular or certified mail. Ahandgun can be delivered to the purchaser when thedealer is notified of an approval or when 5 businessdays (7 days) have elapsed. The time allowed for acheck under State law can be extended up to 30 dayswhen the applicant has a record which lacks certaindispositions, or up to 60 days for persons who are newState residents or lack the required identification.Dealers contact the FBI for checks required by theNICS on persons purchasing long guns or redeemingpawned firearms. ATF and State rules allow holders ofconcealed handgun licenses issued between 7/1/96and 11/30/98 to make purchases without a NICScheck.


Information from applicants. The State's handgunapplication requires the purchaser's name, address,race, sex, height, weight, eye color, date of birth, placeof birth, driver’s license or ID number, and date of

application plus the type, make, model, and serialnumber of the weapon.


State data. Washington maintains fully automatedfugitive, criminal history and domestic violencerestraining order data on a statewide network. Somedomestic violence misdemeanor and juvenile data arealso available. Mental health records can be accessedmanually.

Check processing time. Background checks arecompleted in less than 60 days.

Retention of records. State agencies retain approvedapplications for a maximum period of 20 days anddenied applications indefinitely. Dealers retain copiesof applications for 6 years.


Appeals of denials. Persons denied a handgun mayappeal to the denying agency and further to superiorcourt.

Arrests of denied persons. In cases of outstandingwarrants, checking agencies normally notify the agencywith jurisdiction over the fugitive.



Relevant laws. Washington Revised Code 9.41.010 etseq.

Source of information. Washington State Patrol.


West Virginia


Prohibited persons. West Virginia prohibitspossession of firearms by persons who are convicted of felonies; dishonorably discharged from the U.S.armed forces; adjudicated as a mental incompetent orcommitted involuntarily to a mental institution; illegalaliens; addicted to or unlawful users of alcohol or controlled substances or drugs; or minors under theage of eighteen (except in limited circumstances). It is illegal to sell a firearm to a prohibited person.

Restoration of rights. State law provides thatprohibited persons may petition the circuit court of thecounty where they reside for an order which allowsfirearm possession. The court may enter an order if itfinds such person capable of exercising theresponsibility concomitant with possession of a firearm.

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

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





State data. West Virginia maintains fully automatedfugitive and criminal history data on a statewidenetwork. The State manually maintains some domesticabuse data.






1998/1999 firearm checks. 1/1/98 to 11/29/98: 15,162applied; 258 denied; 1.7% denial rate. 11/30/98 to6/30/99: no statewide data available.


Relevant laws. West Virginia Code 61-7-1 et seq.

Source of information. West Virginia State Police.


Wisconsin


Prohibited persons. Wisconsin law prohibitspossession of firearms by certain persons who areconvicted of felonies; adjudicated delinquent for actsthat would be felonies if committed by adults; found notguilty of a felony or a similar offense in another State byreason of mental disease; committed for treatment andordered not to possess a firearm; or under eighteenyears of age.

Restoration of rights. A convicted felon's right topossess firearms may be restored by a governor'spardon or Federal relief. A person who wasadjudicated delinquent may regain firearm rights if thecourt determines that the offender is not likely to act ina manner dangerous to public safety.


Permits. A permit is not required to purchase firearms. The State does not issue concealed firearm permits.

Background checks. The Wisconsin Department ofJustice (DOJ) is a point of contact for the NICS andconducts checks on handgun purchasers required byFederal and State law. Dealers request instant checksby using a 1-800 number to contact the Department ofSafety. Checks must be completed within 48-hoursunder State law; however, the time limit can beextended by 3 days for felony charges with no recordeddisposition. Dealers contact the FBI for checksrequired by the NICS on persons who purchase longguns. Pawnshops temporarily have the option of callingthe State agency for checks on persons who redeemhandguns; otherwise, redemption checks areprocessed by the FBI.

Waiting period. A 2-day waiting period is required forhandgun sales (beginning when application is filed),regardless of when a background check is completed.

Information from applicants. Handgun purchasersmust provide the following information: name, previousnames, address, race, sex, height, weight, date of birth,hair color, eye color, date of application, andcertification that no disqualifying grounds exist.

Purchaser fees. A fee of $8 is charged for abackground check.

State data. Wisconsin maintains fully automatedfugitive, criminal history, juvenile, domestic violencemisdemeanor/restraining order and mental health dataon a statewide network. Probation and parole files arekept manually.

Check processing time. Routine transactions arenormally processed in less than 2 minutes; transactionswhich require additional research normally areprocessed in less than 1 day.

Retention of records. Data on approved transactionsare retained for no more than 30 days; data on deniedtransactions are retained indefinitely.


Appeals of denials. Persons denied a handgun mayappeal to DOJ and further to State court.

Arrests of denied persons. DOJ reports deniedpersons to ATF, the Wisconsin Department ofInvestigation and local police.



Relevant laws. Wisconsin Statutes 175.35; 813.125;941.25 et seq; 948.55; 948.60.

Source of information. Wisconsin Department ofJustice.


Wyoming


Prohibited persons. Wyoming prohibits possession offirearms by persons convicted of violent felonies.

Restoration of rights. A person convicted of a violentfelony may regain the right to possess firearms througha governor's pardon.


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

Background checks. The State is not a point ofcontact for the NICS. Licensed dealers in Wyomingcontact the FBI for all checks required by the NICS.ATF allows holders of concealed weapon licenses topurchase firearms without a NICS check.




State data. Wyoming maintains a statewide networkwith fully automated records of criminal histories andfugitives with felony or misdemeanor warrants.








Relevant laws. Wyoming Statutes 6-8-101 et seq.

Source of information. Wyoming Attorney General.


American Samoa

FBI conducts NICS checksTerritory conducts separate checks

Prohibited persons. The Territory of AmericanSamoa does not allow handguns on the island. Evenlocal police officers do not carry handguns. A person'sbaggage is checked for firearms upon arrival. Shotguns of various gauges and .22-caliber rifles areallowed. It is unlawful to transfer a firearm to a personwho is prohibited from possession, less than 18 yearsold (except in limited circumstances) or intoxicated. Afirearm cannot be possessed by a person who hasbeen convicted of or confined for a dangerous felony inthe preceding 5 years, or who is a fugitive from justice,a habitual drunkard, a drug addict or currently adjudgedmentally incompetent.

Restoration of rights. Restoration of firearm rightsmay be given based on the expressed discretion of theattorney general or the Department of Public Safety,upon review of the application.

Regulated sales. Licensing requirements apply to alltransfers of legal firearms.

Permits. A license is required to possess, import orsell legal firearms.

Background checks. Checks required by territoriallaw on purchasers of shotguns and .22-caliber rifles areperformed by the police. After the weapon ispurchased, the person must take the sales receipt andthe weapon to the police. The police will run abackground check and issue a license. Thebackground check includes checking with policedepartments on neighboring islands.

Waiting period. No requirements.

Information from applicants. Territorial law allowsrequests for any information as may be reasonablyrequired.

Purchaser fees. A fee of $10 is charged for first timeapplicants, and $2 is charged for renewals.

State data. Information is maintained manually.

Check processing time. No information is available.

Retention of records. No information is available.

Registration. Legal firearms are marked with anumber indicating the order of the license andregistration as specified in the license.

Appeals of denials. Territorial law does not provide aprocedure for appealing a license denial.


Relevant laws. American Samoa Code 46.4201 etseq.

Source of information. American Samoa Departmentof Public Safety.


Guam

FBI conducts NICS checks Territory conducts separate checks

Prohibited persons. Guam law prohibits issuing aFirearms Identification Card to a person who is convicted of a felony; an alien; charged with a felony;adjudicated incompetent or committed to a mentalinstitution; under the age of 18; convicted of a drugoffense or a misdemeanor where personal injury or useof firearms was an element or factor of the offense; orwho appears to suffer from a physical or mentaldisease which would adversely affect the safe use ofthe firearm applied for.

Restoration of rights. A convicted felon's right toreceive an identification card cannot be restored.

Regulated sales. All transfers of lawful firearms,except for temporary transfers at shooting galleries,require that the person receiving the firearm hold anidentification card.

Permits. A Firearms Identification Card is required toown, possess, use, carry or acquire any lawful firearm.

Background checks. The Guam Police Department(GPD) conducts background checks on identificationcards applicants. FBI data and local files are checked.The territory is not a point of contact for the NICS.Licensed dealers in Guam contact the FBI for allchecks required by the NICS. An ATF ruling allowsidentification cards issued before 11/30/98 to be usedfor a purchase without a NICS check.


Information from applicants. Identification cardapplicants must provide the following: name, currentaddress, previous address, place of birth, date of birth,home phone, duty phone, Social Security number,occupation, employer, race, sex, height, weight, eyecolor and hair color.

Purchaser fees. First time applicants must submit amoney order or bank draft payable to the FederalBureau of Investigation in the amount of $24, for theFBI background information fee. Once the backgroundcheck is cleared and the application is approved, theapplicant is charged a fee of $15 for the identificationcard (renewable every 3 years). There is also a fee of$20 for the registration of each firearm.

State data. Guam agencies maintain fugitive, criminalhistory and mental health data.

Check processing time. The identification cardprocess can take as much as 6 to 10 weeks while theapplicant's background is being checked.

Retention of records. GPD retains all identificationcard applications indefinitely.

Registration. After purchasing a weapon, the receiptis taken to the Guam Police Department. The weaponis inspected by the duty armorer and registered by thedepartment. Private sales and transfers to or frompawnbrokers require a new registration.

Appeals of denials. Territorial law does not provide aprocedure for appealing an identification card denial.


Relevant laws. Guam Code 10-60100 et seq.

Source of information. Guam Police Department.


Puerto Rico

FBI conducts NICS checksCommonwealth conducts separate checks

Prohibited persons. Puerto Rico law prohibits issuinga license to have or possess firearms to any personwho has been convicted of any of the followingoffenses or of the attempt to commit the same, in oroutside Puerto Rico: murder in any degree,manslaughter, kidnaping, rape, mayhem, intent tocommit any felony, aggravated assault and battery witha weapon, robbery, burglary, misappropriation, arson,aggravated arson, incest or violation of certain statutes.Nor can a license be issued to any person who ismentally unbalanced, a habitual drunkard, a narcoticsor drug addict, or has been convicted of a violation ofthe provisions hereof.

Restoration of rights. No regulations coverrestoration of rights.

Regulated sales. The Weapons Law establishes thatno dealer in firearms or ammunition shall deliver afirearm or issue the corresponding delivery permit to apurchaser without the latter producing a license to haveand possess a firearm. No weapon is sold to the holderof a license from which the sales permit has beenremoved. Licensing requirements apply to all firearmsales.

Permits. Puerto Rico requires a license to purchase orcarry a firearm.

Background checks. License applications requirebackground checks conducted by the Police of PuertoRico. Applications are received by certified mail or inperson. The commonwealth is not a point of contact forthe NICS. Dealers must contact the FBI for all checksrequired by the NICS.


Information from applicants. Fingerprints arerequired, and the standard ATF form is used.

Purchaser fees. Commonwealth law requires fees of$50 for a license and $15 for a renewal every 3 years.

State data. The police department maintains a manualdatabase.

Check processing time. The background checkprocess can take from 6 to 12 months.

Retention of records. Approved applications areretained by the police for a maximum period of 20 days.

Registration. Every firearm sold is registered with theSuperintendent of Police.

Appeals of denials. For denied license applicants, thepolice have an internal appeals process with writtenprocedures, and there is an external appeals processthat involves the court system.

Arrests of denied persons. ATF is notified of personswho submit false information on an application.

Relevant laws. Laws of Puerto Rico 25-411 et seq.

Source of information. Chief of the WeaponsRegistry for the Police of Puerto Rico.


Virgin Islands

FBI conducts NICS checksTerritory conducts separate checks

Prohibited persons. Virgin Islands law provides that alicense to possess a firearm cannot be issued to aperson who is convicted of a crime of violence, a druglaw violation or a firearms law violation; mentallyincompetent; a habitual drunkard; a drug addict; ordeemed to be an improper person by the police.

Restoration of rights. No information is available.

Regulated sales. Licensing requirements apply to allfirearm sales.

Permits. A license is required to possess, transport, orcarry a firearm. A purchase coupon is issued with thelicense and retained by the firearm dealer.

Background checks. License applications require abackground check by the Virgin Islands PoliceDepartment. The applicant completes and returns anotarized application. If no problems are found duringthe check, the application is forwarded to the PoliceCommissioner, who approves or disapproves theapplication. In addition, dealers contact the FBI for allchecks required by the NICS. An ATF ruling allows aterritorial license to be used for a purchase without aNICS check.

Waiting period. Firearm transfers require a 48-hourwaiting period, regardless of when a background checkis completed.

Information from applicants. A license application isaccompanied by four photographs and notarizedstatements from character references. Fingerprints arerequired. Other required information varies with thetype of application.

Purchaser fees. The Virgin Islands charges a $30application fee, a $50 registration fee per weapon, anda $15 late registration fee. The license must berenewed every three years, with a $100 renewal fee.New photographs are required with each renewal.

State data. No information is available.



Registration. After purchase, the bill of sale and theweapon are brought to the police, where all theinformation is recorded.

Appeals of denials. Persons denied a license canappeal to territorial court.


Relevant laws. Virgin Islands Code 23-451 et seq.

Source of information. Virgin Islands PoliceDepartment.


Washington, D.C.

FBI conducts NICS checksDistrict conducts separate checks

Prohibited persons. District of Columbia laws nolonger allow the purchase of handguns, except by lawenforcement officers, retired district police officers,military personnel, licensed dealers and organizationsthat employ special police. A registration certificate fora legal firearm cannot be issued to certain persons whoare under 18 years of age (applicants between the agesof 18 and 21 are required to have a notarized statementfrom a parent or guardian); convicted of or underindictment for a crime of violence or weapons offense;convicted of an offense involving drugs, assaults orthreats; acquitted by reason of insanity; adjudicatedchronic alcoholics; committed to a mental hospital;suffering from a physical defect and unable to use afirearm safely; adjudicated negligent in a firearmmishap causing death or serious injury; or otherwiseineligible under district law. All registration applicantsare required to demonstrate adequate vision and asatisfactory knowledge of district firearm laws.

Restoration of rights. Persons convicted of offensesinvolving drugs, assaults or threats, and certain otherprohibited persons, may be allowed to register a firearmafter a 5 year disqualification.

Regulated sales. Only firearm transfers by or tolicensed dealers are allowed. Dealers can transferfirearms to persons with valid registration certificates.

Permits. A valid registration certificate is required forpossession or transfer of any firearm.

Background checks. The Chief of Police conductsbackground checks and issues registration certificates.The district is not a point of contact for the NICS;licensed dealers contact the FBI for all NICS checks.An ATF ruling allows registration certificates issuedbefore 11/30/98 to be used for a purchase without aNICS check.


Information from applicants. Registration informationincludes the applicant's name, present address,previous addresses, occupation, business address,date and place of birth, sex, history with firearms,intended use and location of the firearm, plusinformation about the firearm to be transferred and the

transferor. Fingerprints may be required, and tworecent photographs must be submitted.

Purchaser fees. No information is available.

State data. No information is available.



Registration. All handguns owned prior to September24, 1976, are required to be registered. Handguns andlong guns acquired after that date must also beregistered.

Appeals of denials. District law does not provide anappeal procedure for a person who is denied aregistration certificate.


Relevant laws. District of Columbia Code 6-2301 etseq; 22-3201 et seq.

Source of information. United States Attorney'sOffice, District of Columbia.



Note: Counts are for handgun checks and were confirmed by reporting agencies unless otherwise indicated. Data from the FBI and States with multiple points of contact under permanent Brady are not displayed.---Agency did not conduct any checks or did not report counts.aStates included had one Chief Law Enforcement Officer (CLEO) that reported statewide application and rejection data for the entire period, except as otherwise indicated. Kentucky reported 59,547 applications and 2,025 rejections, but excluded data from 4 counties for the interim period. bStates included had one checking agency that was a NICS Point of Contact (POC) under permanent Brady and reported statewideapplication and rejection data for the entire period. List of States reporting changed because some turned over checks to the FBI whileothers implemented new statewide check systems. cCounts include handgun and long gun checks for November 30, 1998, to June 30, 1999, except for Colorado, which temporarily ceased firearm checks on March 31, 1999. d Counts include both handgun and long gun checks in States that did not distinguish between the two.eReported data for 1998 but did not confirm totals for the year. fInterim Brady counts include handguns only; Permanent Brady counts are for all firearms from the State NICS office. gReported data for July through November of the interim period. hReported data for only November of the interim period.

3.4%54,6231,604,9452.5%37,4231,507,635State totals

1.429721,0101.545730,022Wisconsin------1.725815,162West Virginia

1.61,708108,2541.52,251148,278Virginiad3.23149,944------Vermontc3.21,30840,9233.073324,140Utahc

6.79,306139,4696.670010,624Tennesseec,h10.88,55479,2345.02,09842,123South Carolinac,e3.08,090274,1322.83,237116,718Pennsylvaniac,g2.791833,9222.51,06942,523Oregon

------0.948153,713Ohio

0.510220,1121.019818,995New Jerseyc,f2.01346,6101.925013,186New Hampshiree3.31,10633,3763.573421,097Nevadac1.525817,7740.923625,222Maryland2.81,37349,7361.399879,022Indiana

0.986199,9121.01,490146,970Illinoisd------4.277218,539Idaho

6.58,972138,8498.46,32674,977Georgiac2.73,637134,0263.45,499160,438Floridad

------4.54439,745Delawared

0.512327,1590.615326,981Connecticutc6.82,41235,5616.82,80441,383Coloradoc1.02,601251,8200.92,889304,188Californiad

------4.81,39728,835Arkansas 3.1%2,54983,122 3.6%1,95054,754Arizonac

rejectionRejectedReceivedrejectionRejectedReceivedJurisdictionRate ofNumber of applicationsRate ofNumber of applications

Permanent Brady & Nov. 30, 1998, to June 30,1999b

Interim Brady & Jan. 1 to Nov. 29, 1998a

Table 1. Applications for handgun checks processed by States, interim and permanent Brad y periods


Notes: Table does not include State statutes which incorporate Federal prohibitions by reference. Types of firearms covered by statutes vary. aGenerally, felony carries penalty of 1 year in prison or more, misdemeanor less than 1 year; definitions and offenses included vary by State. bIncludes persons adjudicated mentally ill ( committed to a mental institution, or acquitted by reason of insanity). cIncludes persons convicted of substance-related offenses, addicted to an intoxicating substance or intoxicated at time of purchase.

24244919281832121748State totals

---------------------------XWyoming---XX---------X------XWisconsinX----XXX---X------XWest VirginiaXXX------XX---XXWashingtonXXX---XXX------XVirginia------X---------------------VermontXXX---X---X------XUtahX---XXXX---------XTexas------XXX---------------TennesseeX---X---X------------X South DakotaX---XXX---XXXXSouth CarolinaX---XXX---XX---XRhode IslandXXXXXXXX---XPennsylvania---XX---------XXXXOregon---XXXX---X------XOklahoma---XXXX---XX---XOhio------X---------X---XXNorth DakotaX---X---XXXX---XNorth CarolinaX---X------XX------XNew York------X------------------XNew MexicoX---XXXXX---XXNew Jersey------X------------------XNew Hampshire------X------------------XNevada------X------------X---XNebraska------X------------------XMontanaX---XXX---XXXXMissouri------XXX------------XMississippiXXX---X---XXXXMinnesotaX---X------XX------XMichigan XXXXXXXXXXMassachusettsX---XXXXXXXXMaryland---XX------X---------XMaine------X------------------XLouisiana---XX------------------XKentucky---XX---X------------XKansasX---XXX---X---XXIowa---XXXX---X------XIndianaXXX---XXX---XXIllinois------X------------------XIdaho---XXXXXXXXXHawaiiXXX------------------XGeorgiaXXXXXXX---XXFlorida---XX---XXX---XXDelawareXXX------XX---XXConnecticut---XX------X------XXColoradoXXX---XXX---XXCalifornia------X---------X------XArkansasXXX------------------XArizona---XXXX------------XAlaska------XXX---X------XAlabamaX---X---XXXXXXUnited States

Otherreasons

Juvenileoffense

Minor (underage)

Alcoholabusec

Drugabusec

Restrain-ing order

MentalillnessbFugitive

Misde-meanoraFelonyaJurisdiction

Table 2. Prohibited persons: Statutory basis for denial of firearm sale or possession, Federal and State, June 30,1999


Note: Agencies conduct checks on persons applying for purchases or permits required for purchases.

NoneWyomingDepartment of JusticeWisconsinNoneWest Virginia291 sheriffs and police departmentsWashingtonState PoliceVirginiaChittenden County Sheriff’s OfficeVermontBureau of Criminal IdentificationUtahNoneTexasBureau of InvestigationTennesseeNoneSouth Dakota

Law Enforcement DivisionSouth Carolina39 police departmentsRhode IslandState PolicePennsylvaniaState Police Firearms UnitOregonNoneOklahomaNoneOhioNoneNorth Dakota100 county sheriffsNorth Carolina58 county judgesNew YorkNoneNew Mexico

State police and 505 local police departmentsNew JerseyDepartment of SafetyNew HampshireHighway patrolNevada95 sheriffs’ and police departmentsNebraskaNoneMontana115 sheriffs’ and police departmentsMissouriNoneMississippi568 sheriffs’ and police departmentsMinnesota595 sheriffs’ and police departmentsMichigan 351 police departmentsMassachusetts

State Police Firearms Enforcement DivisionMarylandNoneMaineNoneLouisianaNoneKentuckyNoneKansasDepartment of Public Safety and 99 county sheriffsIowaState policeIndianaState policeIllinoisNoneIdahoFour police departmentsHawaii

Bureau of InvestigationGeorgiaDepartment of Law EnforcementFloridaState PoliceDelawareState Police Special Licensing and Firearms UnitConnecticutNoneColoradoDepartment of JusticeCaliforniaNoneArkansasDepartment of Public Safety Firearm Clearance CenterArizonaNoneAlaskaNoneAlabama

Federal Bureau of Investigation NICS Operations CenterUnited StatesNames or description of checking agenciesJurisdiction

Table 3. A gencies conductin g firearm back ground checks under Federal or State law , June 30 , 1999


dFBI checks long gun redemptions; POC checks handgun redemptions.

cIf less than 90 days after pawn, broker can call FBI or State; more than 90 days, broker must call State.

bRedemption checks apply only to long guns because State law forbids pawning handguns.

aCertain State permits qualified by ATF exempt holders from NICS checks.---Not applicable.

357193515352624Totals

X------X---X---XWyoming------XdXd---XX---Wisconsin---------X---X---XWest VirginiaX------X---XX---Washington------X---X---X---Virginia------X---X---X---VermontX---X---X---X---UtahX------X---X---XTexas------X---X---X---TennesseeX------X---X---XSouth Dakota

X---X---X---X---South Carolina---------X---X---XRhode IslandXXbXb---X---X---PennsylvaniaX---XdXd---XX---OregonX------X---X---XOklahoma---------X---X---XOhioX------X---X---XNorth DakotaX------X---XX---North CarolinaX------Xb---XX---New York---------X---X---XNew Mexico

---X------X---X---New Jersey------XdXd---XX---New HampshireX---X---X---X---NevadaX---XdXd---XX---NebraskaX------X---X---XMontanaX------X---X---XMissouriX------X---X---XMississippiX------X---X---XMinnesotaXXb---Xb---XX---Michigan XXb---Xb---X---XMassachusetts

X------X---XX---Maryland---------X---X---XMaineX------X---X---XLouisianaX------X---X---XKentucky---------X---X---XKansasX---XdXd---XX---IowaXXb---Xb---XX---IndianaX---X---X---X---IllinoisX------X---X---XIdahoXXb------X---X---Hawaii

X---X---X---X---GeorgiaX---XcXcX---X---FloridaX------X---X---XDelawareX---X---X---X---Connecticut------X------X---XColorado------X---X---X---CaliforniaX------X---X---XArkansasX---X---X---X---ArizonaX------X---X---XAlaska---Xb---X---X---XAlabama

exemptaBannedPOCFBIPOCFBIPOCFBIStatepermitsPawn redemptionsLong gunsHandgunsState

Table 4. National Instant Criminal Background Check System (NICS): Checking agencies (FBI or State point of contact ) for firearm transfers, June 30, 1999


---Not applicable.*States where purchasers are required to undergo a State check and a NICS check by different agencies.a"Instant check” generally requires an agency to respond to seller inquiries immediately or as soon as possible without delay. Includes State systems implemented to enforce Federal law. b"Permit” (P) includes documents (permits, licenses, identification cards, and others) issued by a State agency and required for apurchase. Not included are documents which allow waiver of a point-of-sale check but are not required for a purchase. c"Other” approval systems usually require sellers to transmit applications to a State agency, with transfers delayed until a waiting periodexpires or the agency completes a check, used in California, Maryland, Rhode Island, and Washington.dA period of time after a purchase or permit application is filed, which must expire before transfer of a firearm or issuance of a permit canbe completed. eA permit or a background check is required for sales between unlicensed persons. fMaximum time allowed for law enforcement to approve or disapprove purchaser or applicant for permit (extensions may be allowed insome circumstances). NICS 3-day rule applies unless State has different period (or no limit on State law checks). gTime limit for checks on permit applicants. hProcedures also apply to assault weapon sales.

---6---71314---1617State totals

3 days---------------2 days---XWisconsin7 days------------------X---Washington3 days---------X---------XVirginia

3 days---------X---------XVermont3 days---------X---------XUtah3 days---------X---------XTennessee

------------------2 days------South Dakota3 days---------X---------XSouth Carolina7 daysX7 daysX---X7 daysX---Rhode Island*3 days---------XX------XPennsylvania3 days---------------------XOregon

30 days------------X---P---North Carolina180 days------------X---P---New York

30 daysgX---PXX7 days PXNew Jersey*3 days---------------------XNew Hampshire3 days---------X---------XNevada3 days------------X---P---Nebraska7 days------------X---P---Missouri*7 days---------------7 daysP---Minnesota*h

None------------X---P---Michigan 40 daysX---P---X---P---Massachusetts*7 days------------X7 daysX---Marylandh

None------------X3 daysP---Iowa

1 day---------------------XIndiana30 daysg---1 dayPX---3 daysPXIllinois20 daysX14 daysP---X14 daysP---Hawaii3 days---------X---------XGeorgia3 days---------X---3 days---XFlorida3 days---X---XDelaware*

14 daysX14 daysP---X14 daysP---Connecticut10 daysX10 daysX---X10 daysX---California3 days---------X---------XArizona

------------------2 days------Alabama3 days---------X---------XFederal

time limitf

salechecke

Waitingperiodd

Permitb or otherc

Instantchecka

salechecke

Waitingperiodd

Permitb or otherc

InstantcheckaJurisdiction

CheckPrivate Private Long gun salesHandgun sales

Table 5. Back ground check and permit procedures , Federal and State , June 30 , 1999


--- Not applicable.aAmounts are for background checks or permits required for firearm purchases. “None” means fees prohibited or not required. bLengths of time pertain to retention of firearm permit or purchase records by law enforcement agencies, as determined by statute.or agency policy. If a jurisdiction has retention periods that vary by type of data, the longest applicable period is listed. cCovers single handgun or unlimited number of long guns.dFee for each handgun purchased in addition to the first. eIncludes fee for FBI fingerprint check.fFee for firearm owner's identification card. gFee for purchase check.hFee for firearms purchaser identification card.iFee for permit to purchase a handgun. jFees may be higher for some jurisdictions.kFee for a check on a nonresident of the State.

X---XIndefinitely30 days---$8.00WisconsinX---XIndefinitely20 days---NoneWashingtonX---X2 years1 year$5.00k$2.00Virginia

---------Indefinitely20 days---NoneVermont---XX1 year20 days---$7.50Utah------XIndefinitelyNot kept---$10.00Tennessee---------1 year1 year------South Dakota------XIndefinitely20 days---$5.00South Carolina---------Indefinitely30 days---NoneRhode IslandXXXIndefinitelyNot kept---$3.00Pennsylvania------X5 years5 years---$10.00OregonX------Indefinitely5 years---$5.00North Carolina---------IndefinitelyIndefinitely---$74.00e,jNew York

X---XIndefinitelyIndefinitely$51.00e,i $54.00e,hNew JerseyX---X3 years20 days---NoneNew Hampshire---XXIndefinitely20 days---$15.00NevadaX------VariesVaries---$5.00NebraskaX------IndefinitelyIndefinitely---$10.00MissouriX------VariesVaries---NoneMinnesotaX--- X Varies6 years---$5.00MichiganX--- ---IndefinitelyIndefinitely---$25.00MassachusettsX---XIndefinitelyIndefinitely---$10.00Maryland------X3 years4 years---NoneIowa

X---XIndefinitely1 year---$3.00IndianaX---XIndefinitelyIndefinitely$2.00g$5.00fIllinois---------IndefinitelyIndefinitely---$24.00HawaiiX---X90 daysNot kept---$5.00Georgia------XIndefinitely2 days---$8.00FloridaX---XIndefinitely60 days---NoneDelaware---XX10 yearsIndefinitely---$35.00Connecticut------XIndefinitelyIndefinitely$10.00d$14.00cCalifornia------ X5 years20 days---NoneArizona---------IndefinitelyIndefinitely------ Alabama

X---XIndefinitely6 months---NoneFederal

CourtOtherDenyingDeniedApprovedAdditional orother fee

Maximum fee:check/permita

Jurisdiction

Denials of purchase or permit:Agencies hearing appeals

Length of time agencies retain transaction recordsb

Table 6. Fees , record retention and a ppeals , Federal and State , June 30 , 1999


(

---No statewide database available (agencies conducting background checks may search local data).a"Criminal histories” contain at least felony arrests and dispositions and may also contain dispositions or other data describing domestic violence or other misdemeanors.b"Mental health” may include persons adjudicated mentally ill or committed to a mental institution.c"Other" includes data on subjects such as probation and parole, juveniles, and motor vehicle offenses.

501534364450State totals

X---------XXWyomingXXXXXXWisconsinX---XXXXWest VirginiaXXXXXXWashingtonXXXXXXVirginiaX---XXXXVermontX---XXXXUtahX---XXXXTexasX---XXXXTennesseeX------XXXSouth Dakota

X---XXXXSouth CarolinaXXXXXXRhode IslandX---------XXPennsylvaniaXX---XXXOregonX------------XOklahomaX---XXXXOhioX------XXXNorth DakotaX---XXXXNorth CarolinaXXXXXXNew YorkX---X------XNew Mexico

X---XXXXNew JerseyX---XXXXNew HampshireX---X---XXNevadaXX------XXNebraskaX---------XXMontanaX---XXXXMissouriX------------XMississippiXXXXXXMinnesotaXXXXXXMichiganXXXXXXMassachusetts

X---XXXXMarylandX------XXXMaineX---------XXLouisianaX------XXXKentuckyX---X------XKansasX---XXXXIowaX------------XIndianaXXXXXXIllinoisX---XXXXIdahoXXX------XHawaii

XXX---XXGeorgiaX---XXXXFloridaXXXXXXDelawareXXXXXXConnecticutX---XXXXColoradoXXXXXXCaliforniaX---XXXXArkansasX---------XXArizonaX---XXXXAlaskaX------XXXAlabama

XXXXXXFederalOtherc

Mental healthb

Misdemeanorconvictions

Domestic violencerestraining orders

Wantedfugitives

CriminalhistoriesaJurisdiction

Table 7. Databases accessed for firearm checks , Federal and State , June 30 , 1999


6-8-101 et seq.StatutesWyoming175.35; 813.125; 941.25 et seq.; 948.55; 948.60StatutesWisconsin61-7-1 et seq.CodeWest Virginia9.41.010 et seq.Revised codeWashington18.2-279 et seq.CodeVirginia13-4001 et seq.StatutesVermont53-5-702 et seq; 76-10-501 et seq.CodeUtah30.06; 42.12; 46.01 et seq.Penal codeTexas39-17-1301 et seq. CodeTennessee22-14-15 et seq; 23-7-1 et seq.Codified lawsSouth Dakota

16-23-10 et seq; 23-31-10 et seq.Code of lawsSouth Carolina11-47-1 et seq.General lawsRhode Island18-6101 et seq.StatutesPennsylvania166.170 et seq.Revised statutesOregon21-1271.1 et seq.StatutesOklahoma2923.11 et seq.Revised codeOhio62.1-01 et seq.Century codeNorth Dakota14-269; 14-402 et seq.General statutesNorth Carolina265.00 et seq; 400.00 et seq.Penal lawNew York30-7-1 et seq.StatutesNew Mexico

2C:39-1 et seq; 2C:58-1 et seq.StatutesNew Jersey12:159:1 et seq.Revised statutesNew Hampshire202.253 et seq.Revised statutesNevada28-1202; 69-2401 et seq.Revised statutesNebraska45-8-301 et seq; 46-18-801CodeMontana571.010 et seq.Revised statutesMissouri45-9-101; 97-37 et seq.CodeMississippi609.224; 624.711 et seq.StatutesMinnesota28.421 et seq; 123.1101 et seq; 750.222 et seq.Compiled lawsMichigan 140-121 et seq.LawsMassachusetts

27-36A et seq; 27-441 et seq.CodeMaryland15.393; 17A.554; 25.2001 et seq.Revised statutesMaine14:91; 14:95; 14:95.1; 40:1379.3; 40:1751 et seq.Revised statutesLouisiana237.030 et seq; 431.064; 527.010 et seq.Revised statutesKentucky21-4201 et seq.StatutesKansas702.7; 724.1 et seq.CodeIowa35-47-1 et seq.CodeIndiana430:65/0.01 et seq; 720:5/24-1 et seq; 725:5/112A-14Compiled statutesIllinois18-3302 et seq; 19-5401 et seq. CodeIdaho134-1 et seq.Revised statutesHawaii

16-11-101.1 et seq; 16-11-170 et seq.Official codeGeorgia790.001 et seq.StatutesFlorida11-1441 et seq.CodeDelaware29-27 et seq; 53-202 et seq; 53a-217General statutesConnecticut12-26.5-101 et seq; 18-12-101 et seq.Revised statutesColorado417.3; 626.9; 12000 et seq.Penal codeCalifornia5-73-101 et seq.CodeArkansas13-905 et seq; 13-3101 et seq.Revised statutesArizona11.61.190 et seq; 18.65.700 et seq.StatutesAlaska13A-11 et seq.CodeAlabama

18-922 et seq.CodeFederalRelevant sectionsTitle of lawsJurisdiction

Table 8. Firearm laws, Federal and State, June 30, 1999


*References are to the State’s penal code unless otherwise indicated. Note: See Jurisdictional Summaries for scope of topics. If a State has more than one statute on a topic, the most applicable is cited.

----6-8-104 ---- ---- ---- ---- ---- ----6-8-102Wyoming ---- ---- ---- ---- ---- ----175.35(2) ----941.29(5)Wisconsin ----61-7-4 ---- ---- ---- ---- ---- ----61-7-7West Virginia ----9.41.070 ---- ---- ---- ----9.41.0909.41.0409.41.040Washington

18.2-308.2:218.2-308 ---- ---- ---- ----18.2-308.2:218.2-308.2

18.2-308.2Virginia ---- ---- ---- ---- ---- ---- ---- ---- ----Vermont ----53-5-704 ---- ---- ---- ----76-10-526 ----77-18-13Utah ----411.172 ---- ---- ---- ---- ---- ----46.04Texas* ----39-17-1351 ---- ---- ---- ----39-17-1316 ----39-17-1316Tennessee ----23-7-7.7 ---- ---- ---- ---- ---- ----22-14-15South Dakota23-31-14023-31-215 ---- ---- ---- ----23-31-140 ----24-21-930South Carolina ----11-47-11 ---- ---- ----11-47-3511-47-35 ----13-10-2Rhode Island ----18:6109 ---- ----18:611518:611118:611118:610518:6105Pennsylvania ----166.29 ---- ---- ---- ----166.412166.250166.270Oregon ----21:1290.3 ---- ---- ---- ---- ----21:127321:1273Oklahoma ---- ---- ---- ---- ---- ---- ----2,923.142,923.14Ohio ----62.1-04-03 ---- ---- ---- ---- ---- ----62.1-02-01North Dakota ----14-415.12 ----14-402 ----14-40214-402 ----14-404North Carolina ----400.00 ----400.00 ----400.00400.00 ----400.00New York* ---- ---- ---- ---- ---- ---- ---- ----30-7-16New Mexico ----2C:58-42C:58-32C:58-32C:39-112C:58-32C:58-2 ----2A:167-5New Jersey ----12:159-C:5 ---- ---- ---- ----12:159:8 ---- ----New Hampshire ----202.3657 ---- ---- ----202.25 ---- ----202.36Nevada ---- ---- ----69-2403 ---- ----69-2410 ----29-2264Nebraska ----45-8-321 ---- ---- ---- ---- ----46-18-80146-18-801Montana ---- ---- ----571.08 ----571.800571.080 ----Art IV s 7Missouri ----45-9-101 ---- ---- ---- ---- ---- ----97-37-5Mississippi ----624:714 ----624.7131 ----624.7132609.16609.16Minnesota ----28.42628.42228.422750.22928.4228.422 ----28.42Michigan ----140.131140.129B140.131A140.131B140.129C140.122140.129B140.129BMassachusetts27.442A27:36E ----27.442A ----27.443A27.443 ---- ----Maryland ----25:2003 ---- ---- ---- ---- ----15.39315.393Maine ----40:1379.3 ---- ---- ---- ---- ---- ----14:95.1Louisiana ----237.11 ---- ---- ---- ---- ----527.040527.040Kentucky ---- ---- ---- ---- ---- ---- ----21-420421-4204Kansas ----724.11 ----724.15 ----724.15724.15 ----724.27Iowa ----37-47--2-3 ---- ----35-47-4-235-47-2-835-47-2-8 ----35-47-2-20Indiana ---- ----430:65/2430:65/2 ----430:65/3430:65/3430:65/10430:65/10Illinois ----18-3302 ---- ---- ---- ---- ---- ----18-3316Idaho ----134-9134-2134-2 ----134-2134-2 ---- ----Hawaii ----16-11-129 ---- ---- ---- ----16-11-172 ----16-11-131Georgia ----790.06 ---- ---- ---- ----790.065790.23790.23Florida ----11-1441 ---- ---- ---- ----11-1448A11-144811-1448Delaware ----29-28 ----29-36j ----29-3329-28 ----29-28, 36fConnecticut ----18-12-105.1 ---- ---- ---- ----12-26.518-12-10818-12-108Colorado ----12050 ---- ---- ----12071.1120701202112021California* ----5-73-309 ---- ---- ---- ---- ----5-73-1035-73-103Arkansas ----13-3112 ---- ---- ---- ----13-311413-912.0113-905Arizona ----18-65-700 ---- ---- ---- ---- ----11-61-20011-61-200Alaska ----13A-11-73 ---- ----13A-11-8013A-11-7713A-11-77 ---- ----Alabama ---- ---- ---- ---- ---- ----18:922(t) ----18:925(c)Federal

per monthfirearmpurchasepurchasebangun show DealersoffendersFelonsJurisdictionhandgunConcealedLong gunHandgunPawnPrivate / JuvenileOnePermits Regulated sales Restore rights

Table 9. Laws to restore ri ghts, re gulate gun sales, and issue permits, Federal and State, June 30,1999


See Jurisdictional Summaries for scope of topics. If a State has more than one statute on a topic, the most applicable is cited.*References are to the State’s penal code unless otherwise indicated.

---- ---- ---- ---- ---- ---- ---- ----Wyoming175.35(2L) ----175.35(2k)175.35(2k) ----175.35(2) ----175.35(2)Wisconsin ---- ---- ---- ---- ---- ---- ---- ----West Virginia9.41.0975 ----9.41.0909.41.090 ---- ---- ----9.41.090Washington18.2-308.2:2 ----18.2-308.2:2 ---- ---- ----18.2-308.2:218.2-308.2:2Virginia ---- ---- ---- ---- ---- ---- ---- ----Vermont76-10-526 ----76-10-526 ---- ---- ----76-10-52676-10-526Utah ---- ---- ---- ---- ---- ---- ---- ----Texas* ---- ----39-17-1316 ---- ---- ----39-17-131639-17-1316Tennessee ---- ----23-7-1023-7-10 ----23-7-9 ---- ----South Dakota ---- ---- ---- ---- ---- ---- ---- ----South Carolina ---- ----11-47-35 ----11-47-35.211-47-3511-47-35.211-47-35Rhode Island18:6111.1 ---- ---- ---- ---- ----18:611118:6111Pennsylvania ---- ----166.412166.412 ---- ---- ----166.412Oregon ---- ---- ---- ---- ---- ---- ---- ----Oklahoma ---- ---- ---- ---- ---- ---- ---- ----Ohio ---- ---- ---- ---- ---- ---- ---- ----North Dakota14-404 ----14-405 ---- ---- ---- ----14-404North Carolina ----400.00 ---- ---- ---- ---- ----400.00New York* ---- ---- ---- ---- ---- ---- ---- ----New Mexico2C:58-32C:58-2 ---- ---- ----2C:58-22C:58-32C:58-3New Jersey12:159-C:5 ---- ---- ---- ---- ---- ----12:159-C:1New Hampshire ---- ---- ---- ---- ---- ---- ---- ----Nevada69-2414 ----69-241269-2412 ---- ---- ----69-2405Nebraska ---- ---- ---- ---- ---- ---- ---- ----Montana571.090.8 ----571.090.5571.090.5 ---- ---- ----571.090.3Missouri ---- ---- ---- ---- ---- ---- ---- ----Mississippi624.7132 ---- ---- ---- ----624.7132 ----624.7132Minnesota ----750.232 ---- ---- ---- ---- ----28.422Michigan 140.129B140.129C ---- ---- ---- ----140.129B140.129BMassachusetts27.44227.44227.44227.442 ----27.442 ----27.442Maryland ---- ---- ---- ---- ---- ---- ---- ----Maine ---- ---- ---- ---- ---- ---- ---- ----Louisiana ---- ---- ---- ---- ---- ---- ---- ----Kentucky ---- ---- ---- ---- ---- ---- ---- ----Kansas ---- ---- ---- ---- ----724.20 ----724.17Iowa35-47-2.5-9 ---- ----35-47-2.5-8 ---- ---- ----35-47-2.5-3Indiana430:65/10 ---- ---- ----720.5/24-3720.5/24-3430:65/3.1430:65/3.1Illinois ---- ---- ---- ---- ---- ---- ---- ----Idaho ----134-3 ---- ----134-2134-2134-2134-2Hawaii16-11-178 ---- ----16-11-176 ---- ---- ----16-11-172Georgia790.065 ----790.065790.065 ----790.0655790.065790.065Florida11-1448A ----11-1448A ---- ---- ----11-1448A11-1448ADelaware29-32b29-3329-3329-3329-37a29-3329-37a29-33Connecticut12-26.5-104 ---- ----12-26.5-104 ---- ----12-26.512-26.5Colorado ----12073120731207312071120711207212072California* ---- ---- ---- ---- ---- ---- ---- ----Arkansas ---- ---- ---- ---- ---- ----13-311413-3114Arizona ---- ---- ---- ---- ---- ---- ---- ----Alaska ---- ----13A-11-7713A-11-77 ----13A-11-77 ---- ----Alabama18:922(t) ----18:922(t) ---- ---- ----18:922(t)18:922(t)Federal

Appeals of denialsRegistrationApprovedDeniedLong gunsHandgunsLong gunsHandgunsJurisdictionRetention of sales records Waiting periodBackground check

Table 10. Laws regarding background checks, waiting period, retention of sales records, and appeals, Federal and State, June 30, 1999


1/1/98430:65/8Amendments barred issuing a firearm owner's identification card topersons who have been convicted of domestic battery or a substantiallysimilar offense in another jurisdiction within the past 5 years and arebarred from possessing firearms by any State statute or Federal law.

Prohibitedpersons

Illinois

7/1/9818-310Amendment added crimes for which conviction will suspend the right to ship, transport, possess, or receive a firearm.

Prohibitedpersons

Idaho

7/1/98790.06Amendment extended licensure period for concealed weapon licenses.Permits

7/1/98790.23New statute prohibits possession of a firearm by a person restrainedfrom committing acts of domestic violence by a final injunction.

Prohibitedpersons

Florida

6/24/9911-1448Amendments added persons subject to protection from abuse orders or convicted of domestic violence misdemeanors to those barred from purchasing or possessing firearms.

Prohibitedpersons

Delaware

10/1/9829-29Fingerprints are required from applicants for pistol permits.Applicant

10/1/9829-33Handguns transferred at retail outlets must contain a trigger lock.Limitationson use

10/1/9829-28 29-36fAn amendment provided that a pistol permit or an eligibility certificatecannot be issued to a person who "has been convicted as delinquent for the commission of a serious juvenile offense."

Prohibitedpersons

Connecticut

8/1/99Executive order reinstated CBI as the NICS point of contact.

11/30/98Executive order required CBI to act as a point of contact for the NICS (expired 3/31/99).

7/1/98 12-26.5Amendment changed repeal date of instant check statute to date ofimplementation of NICS, and allowed Colorado Bureau of Investigation to conduct background checks on long gun purchasers after 11/30/98.

Backgroundchecks

Colorado

1/1/98PC 12076Amendment authorized the State to participate in the NICS.Backgroundchecks

1/1/98PC 12001New State residents must report ownership or dispose of handguns within 60 days.

Registration

1/1/98PC 12050A police department can issue only a carry permit to a person whoresides in its jurisdiction.

Permits

1/1/98PC 12020.5A person who keeps a loaded firearm accessible to a person under 16may be fined or imprisoned.

1/1/98PC 12076Amendment added a new offense of causing a person to carry aconcealed handgun within a vehicle.

Limitationson use

California

11/29/9813-3114Amendment changed checking agency's name to Firearm ClearanceCenter and authorized it to conduct checks on firearms (as defined by Federal law).

Backgroundchecks

Arizona

4/14/9818.65.700 etseq.

Background check, qualifications, fees, suspension, and exemptionssections of the concealed weapon statutes were amended and areciprocity section was added.

Permits

4/14/9811.61.220Amendments prohibited possession of a firearm within a school bus,courthouse, or state-funded domestic violence or sexual assault shelter.

Limitationson use

Alaska

EffectiveCitationSummary of change in lawTopicState

Table 11. Revisions of regulations and other significant changes in State firearm laws, Januar y 1, 1998, to June 30, 1999


3/17/98 6/30/98

2,921.362,923.16

Amended the statute which bars conveying a deadly weapon onto thegrounds of certain facilities. Increased the penalty for improperlydischarging a firearm at or into a domicile or school.

Limitationson use

Ohio

11/1/981/1/99

Penal law265 265.2

Amendments prohibited the possession or use of a disguised gun andallowed certain minors to possess long guns at shooting ranges if supervised by a conservation agent.

Limitations on use

New York

1/19/982C:58-3.2Temporary transfers of firearms from certified training instructors toparticipants in their courses were allowed by amendment.

Limitationson use

New Jersey

4/9/9962.1-02-01An amendment revised the definition of persons who cannot possessfirearms because of mental illness.

Prohibitedpersons

North Dakota

8/28/98571.08Amendment exempted transfer of certain firearms from permitrequirements.

Permits

8/28/98571.03Unlawful use of weapons statute was amended to allow probation andparole personnel to carry firearms at all times.

Limitationson use

Missouri

10/21/98140-129BAmendments to the firearms identification card statute specified files tobe searched by the State Police.

State data

10/21/98140-129B140-131A

The firearms identification card and permit to purchase fees were raisedto $25 by amendments.

Feescharged

10/21/98140-129BAmendment to the I.D. card statute required an applicant's fingerprints.Applicants

140-131EAmendment revised the statute which specifies the documents neededfor purchasing handguns or long guns.

140-131Classes A and B for licenses to carry were created by amendment.

10/21/98140-129B Amendments to the firearms identification card statute revised categories of persons prohibited from receiving a card; limited thetypes of weapons that a card can be used to purchase; and made cards valid for not more than 4 years.

Permits

10/21/98140-131PAfter June 1, 1998, new applicants for State documents need afirearms safety certificate.

Prohibitedpersons

Massachusetts

7/15/98237.11Amendment requires use of the NICS index as part of the record checkfor license applicants.

PermitsKentucky

11/30/9835-47-2.5-8New chapter provides that only the name, dealer number, approvalnumber, and transaction date can be retained up to 12 months; other information on approvals can be retained up to 30 days.

Retention ofrecords

11/30/9835-47-2.5-11New chapter imposes a $3 fee for each transaction requiring a criminalhistory check.

Feescharged

11/30/9835-47-2.5-4New code chapter provides for dealers to contact CLEO by phone orother electronic means and receive a response during the call or byreturn call without delay; if the buyer is disqualified, CLEO has until theend of its next business day to inform the dealer.

Backgroundchecks

IIndiana


Table 11. cont.


7/1/9818.2-308.2:2Instant check statute was amended to clarify rules regarding trans-actions in which a dealer receives no response from the State Police.

Backgroundchecks

Virginia

11/30/98The State designated the Chittenden County Sheriff's Office as the pointof contact for all firearm checks under the NICS.

Backgroundchecks

Vermont

5/4/9876-10-526Check requirements for handguns were extended by amendment tochecks on other firearms, to begin when changes required by Federal law took effect.

Backgroundchecks

Utah

purchase or redeem handguns or long guns.checks by the Tennessee Bureau of Investigation on persons who checks

11/1/9839-17-1316Amendments eliminated the State waiting period and authorized instant Background Tennessee

199822-14-1522-14-30

The right to possess a firearm can be regained by a person who was last discharged from prison, jail, probation, or parole probation or parole for felony drug possession more than 5 years ago; or for otherdrug felonies or a crime of violence, more than 15 years ago.

Restorationof rights

199822-14-1522-14-30

A new chapter on unlawful use of weapons provided that a personconvicted of a crime of violence or a felony drug possession offense cannot possess or control a firearm.

Prohibitedpersons

South Dakota

11/30/98Order #98-19Executive order authorized the South Carolina Law Enforcement Division (SLED) to be a point of contact under the NICS and to conductbackground checks on handgun and long gun purchasers. (Slated to expire on October 1, 1999.)

Backgroundchecks

SouthCarolina

7/1/9818-6111Amendment allowed the State Police to temporarily delay an instantcheck to determine if a misdemeanor involves domestic violence.

12/3/98Date for beginning checks of certain longer firearms was advanced to nolater than 12/31/98.

7/1/98 18-6111.1 Amendment provided that instant checks of firearms would begin 7/1/98, and authorized appeal of State Police decisions to the attorneygeneral and then to the courts.

Backgroundchecks

7/1/9812/3/98

18-6105Amendments revised the definitions of mentally incompetent personsand fugitives barred from possessing firearms.

Prohibitedpersons

Pennsylvania


Table 11. cont.

State contacts for the FirearmInquiry Statistics (FIST) project

AlabamaIsaac KervinCriminal Justice Information770 Washington Ave.Room 350Montgomery AL 36130(334) 242-4900 AlaskaDiane SchenkerDepartment of Public SafetyDivision of Administrative Services5700 East Tudor RoadAnchorage AK 99507(907) 269-5092 ArizonaTeresa FuentesDepartment of Public SafetyInstant Check UnitP.O. Box 6638Phoenix AZ 85005(602) 223-2702 ArkansasT. J FarleyAttorney General's Office200 Tower Building323 Center StreetLittle Rock AR 72201(501) 682-2007 CaliforniaMike BroderickDepartment of JusticeFirearms ProgramP.O Box 820200Sacramento CA 94203(916) 227-3500 ColoradoSusan KitchenCBI Instant Check UnitCO Dept. of Public Safety690 Kipling Street, Rm. 3000Denver CO 80215(303) 239-4235

ConnecticutRobert KiehmDepartment of Public SafetyLicense and Firearms Unit1111 Country Club RoadMiddletown CT 06457(860) 685-8160 DelawareTeresa JonesState Police, BOIFirearms Transfer ProgramP.O. Box 430Dover DE 19903(302) 739-2933 FloridaMartha WrightDepartment of Law EnforcementCriminal Justice InformationP.O. Box 1489Tallahassee FL 32302(850) 488-4931 GeorgiaCharles A. SeversBureau of InvestigationCrime Information CenterP.O. Box 370748Decatur GA 30037(404) 244-2605 HawaiiLiane MoriyamaCriminal Justice Data CenterKekuanao'a Building465 South King St., Rm. 101Honolulu HI 96813(808) 587-3101 IdahoBob TaylorBureau of Criminal IdentificationCriminal History Unit700 South StratfordMeridian ID 83642(208) 884-7133

IllinoisKirk LonbonState PoliceDivision of Administration100 Iles Park PlaceSpringfield IL 62708(217) 782-5015 IndianaKaren ButtState Police FirearmIndiana Government Center North100 N. Senate Ave.Indianapolis IN 46204(317) 232-8264 IowaCarroll L. BidlerOffice of Public SafetyDivision of Criminal InvestigationWallace State Office BuildingDes Moines IA 5031(515) 281-8422 KansasCharles SexsonBureau of Investigation1620 Southwest TylerTopeka KS 66612(785) 291-3029 KentuckyCarol BowmanState PoliceInformation Services Center1250 Louisville RoadFrankfort KY 40601(502) 227-8700 LouisianaMike NoelOffice of State PoliceBureau of Criminal IdentificationP.O. Box 66614Baton Rouge LA 708(504) 925-6095


MaineBarry HathawyState PoliceDepartment of Public Safety36 Hospital StreetAugusta ME 04333(207) 624-7062 MarylandW.T. SzimanskiState PoliceFirearms Enforcement Division7751 Washington BoulevardJessup MD 20794(410) 799-0191 MassachusettsMaureen W. ChewCriminal History Systems200 Arlington StreetBoston MA 02150(617) 660-4600 MichiganDebbie SmithDepartment of State PoliceCentral Records Division7150 Harris Drive Lansing MI 48913(517) 322-5518 MinnesotaKaren R. McDonaldCriminal Justice Information SystemDepartment of Public Safety1246 University AvenueSt. Paul MN 55104(612) 642-0687 MississippiS. David BufkinDepartment of Public SafetyRecords and Identification DivisionP.O. Box 958Jackson MS 39205(601) 987-1586

MissouriRobert E. GartnerState Highway PatrolCriminal Records DivisionP.O. Box 568Jefferson City MO 65102(573) 526-6160

MontanaWalt JoyceDepartment of JusticeLaw Enforcement ServicesScott Hart Building, Rm. 374Helena MT 59620(406) 444-2966 NebraskaLathan RohrenState Highway PatrolP.O. Box 94907Lincoln NE 68509(402) 479-4938 NevadaGrace L. GeorgeHighway Patrol555 Wright WayCarson City NV 89711(702) 687-6675 New HampshirePatrick PoirierDepartment of State PoliceJames H. Hayes Safety Building10 Hazen DriveConcord NH 03305(603) 271-3575 New JerseyMike AneskewichDepartment of State PoliceRiver Road WestTrenton NJ 08628(609) 882-2000

New MexicoPaul V. HerreraDepartment of Public SafetyTechnical and Emergency SupportP.O. Box 1628Sante Fe NM 87504(505) 827-9191 New YorkClyde DeWeeseDivision of Criminal Justice ServiceOffice of IdentificationStuyvesant PlazaAlbany NY 12203(518) 457-6050

North CarolinaDavid P. BryanBureau of Investigation407 North Blount StreetRaleigh NC 27601(919) 733-3171 North DakotaRobert J. HeltenBureau of Criminal InvestigationInformation Services DivisionP.O. Box 1054Bismarck ND 58502(701) 328-5500 OhioLonnie RudasillBureau of Criminal IdentificationP.O. Box 365London OH 43140(740) 852-2556 OklahomaRonald R. YoungBureau of Investigation6600 North Harvey,Oklahoma City OK 73116(405) 848-6724


OregonClifford W. DaimlerState PoliceIdentification Services3772 Portland Road NESalem OR 97303(503) 378-3070 PennsylvaniaJohn ThierwechterState PoliceRecords and Information Services1800 Elmerton AvenueHarrisburg PA 17110(717) 783-5592 Rhode IslandVincent McAteerDepartment of the Attorney GeneralBureau of Criminal Investigation150 South MainProvidence RI 02903(401) 421-5268

South CarolinaCarlotta StackhouseLaw Enforcement Division4400 Broad River RoadColumbia SC 29221(803) 896-7118 South DakotaRobert GrandpreDivision of Criminal InvestigationsAdministration Services500 East Capitol AvenuePierre SD 57501(605) 773-3331 TennesseeDoug WoodleeBureau of Investigation1148 Foster AvenueNashville TN 37210(615)726-7809

TexasDavid GavinDepartment of Public SafetyCrime Records DivisionP.O. Box 4143Austin TX 78765(512) 424-2077 UtahJoyce CarterBureau of Criminal Identification4501 South 2700 WestSalt Lake City UT 84119(801) 965-3810 VermontMax SchleuterCriminal Information CenterDepartment of Public SafetyP.O. Box 189Waterbury VT 05676(802) 244-8727

VirginiaR. Lewis VassState PoliceRecords Management DivisionP.O. Box 27472Richmond VA 23261(804) 674-2148 WashingtonJannice GordonState Highway PatrolIdentification SectionP.O. Box 42633Olympia WA 98504(360) 705-5102 West VirginiaThomas A. BarrickDepartment of State Police725 Jefferson RoadSouth Charleston WV 25309(304) 746-2177

WisconsinMary StudevantDepartment of JusticeCriminal Records Section123 West Washington Ave.Madison WI 53702(608) 267-2776 WyomingJames M. WilsonDivision of Criminal Investigation316 West 22nd StreetCheyenne WY 82002(307) 777-7523

American SamoaJacinta BrownO.T.I.C.I.D.E.P.O. Box 4567Pago Pago AS 96799(684) 633-2827 GuamRay FernandezPolice Department287 West Obrien DriveAgana GU 96910(671) 475-8459 Puerto RicoJulio L. Rosa SantiagoDepartment of JusticeP.O. Box 192San Juan PR 00902-0192(787) 729-2484 Virgin IslandsSusan M. McDonaldRecords BureauV. I. Police DepartmentCriminal Justice ComplexSt. Thomas VI 00802(809) 774-2211 Washington, D.C.Thomas ZenoU.S. Attorney's Office555 4th Street, N.WWashington DC 20001(202) 514-6922
