GUN LAWS BY STATE
The Complete Guide – 2018
This guide has everything you need to know about U.S. gun laws by state.
So if you need some information about a state’s gun laws you’re in the right place.
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Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana• Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Washington • Wisconsin • Wyoming
Overview of State Gun Laws
Gun laws in the US vary considerably between states. The majority of legislation relating to guns is enacted at the state level and these laws are independent of Federal firearms laws. This has resulted in a broad variation of gun laws in all the US states with each state taking a different approach on issues such as permits, carry laws, sales, and self-defense laws.
In some states the firearms laws can be much less restrictive than federal laws. However, individuals are not exempt from federal laws just because the state laws are less restrictive. In most cases it is left to the discretion of local law enforcement as to whether they will enforce federal laws. The Supreme court has ruled in Printz v United States that local law enforcement are not obligated to enforce federal firearms laws.
There are forty states that have a provision that protects the right to own and bear firearms, similar to the Second Amendment to the US Constitution. Some of the states that do not have this protection are California, Minnesota, Maryland, Iowa, New Jersey and New York.
In some states the firearms laws can be much less restrictive than federal laws. However, individuals are not exempt from federal laws just because the state laws are less restrictive. In most cases it is left to the discretion of local law enforcement as to whether they will enforce federal laws. The Supreme court has ruled in Printz v United States that local law enforcement are not obligated to enforce federal firearms laws.
There are forty states that have a provision that protects the right to own and bear firearms, similar to the Second Amendment to the US Constitution. Some of the states that do not have this protection are California, Minnesota, Maryland, Iowa, New Jersey and New York.
Firearm Carry Laws
There are two ways firearms are carried in the United States, concealed carry and open carry. The names are self descriptive with an open carried firearm being visible to everyone and a concealed carry firearm being hidden from view. No federal law has ever covered the issuance of permits to carry firearms in the United States.
It has been left to all the 50 individual states in the US to determine how they will issue permits or if a permit is even required to openly or conceal carry firearms. All states will allow in theory the carry of firearms. However, there are some states that make the application process so difficult that in practice a regular citizen is banned from having a handgun. These states are usually the ones that have a “May Issue” policy such as Hawaii, California, New York and a few more.
It has been left to all the 50 individual states in the US to determine how they will issue permits or if a permit is even required to openly or conceal carry firearms. All states will allow in theory the carry of firearms. However, there are some states that make the application process so difficult that in practice a regular citizen is banned from having a handgun. These states are usually the ones that have a “May Issue” policy such as Hawaii, California, New York and a few more.
Firearm Sales & Purchases
Permits to purchase a firearm are required in some states. These permits can just cover handguns or be extended to long guns and ammunition in the more restrictive states. Illinois requires a buyer to have a FOID card to purchase any firearm or ammunition although lately they have allowed concealed carry permits to be used for purchases. But the buyer must still have been issued a FOID card. Other states will also often allow a concealed carry license to be used as a purchase permit. Background checks are required by federal law on all persons purchasing a firearm from a licensed dealer. To facilitate these checks the FBI maintains a database where all requests are processed through called the NICS (National Instant Criminal Background Check System).
Firearm Registration
Most states in the U.S. do not require registration of guns and there is no Federal program to register guns. In fact under Federal law a national gun registry is illegal and eight states also have bans on any gun registry. There are at least four states and one district that have setup a registry for guns, the states are;
California, Hawaii, Maryland, New York and the District of Columbia.
Other states as listed below do not have an official gun registry but collect data on sales.
California, Hawaii, Maryland, New York and the District of Columbia.
Other states as listed below do not have an official gun registry but collect data on sales.
Stand Your Ground Laws
Stand Your Ground, commonly known as “Castle Doctrine” laws that permit a person to defend themselves with deadly force and with no duty to retreat have been enacted in 27 states. These laws vary from state to state in the conditions that it may be used such as the degree of retreat, places covered and if there is any non lethal force required before using deadly force. Most of these laws will have some of the following conditions;
- An attempt to forcibly and unlawfully enter an occupied vehicle, business or residence.
- The intruder cannot have been provoked by the occupants of the home.
- There must be a reasonable belief by the occupants of the home the the intruder will cause death or serious bodily harm to them. There are a few states that allow stand your ground laws to be used for less serious felonies such as burglaries or arson.
- The intruder is required by most of these laws to be acting unlawfully.
- These laws cannot be used against law enforcement officers who are legally carrying out there duties. Such as when they are forcibly entering a premises to arrest a person.
To use the law occupants must be legally in the building or vehicle. If they are a fugitive or helping another fugitive then they cannot defend themselves with deadly force.
State Gun Laws in The USA
Gun Law Rating – 5 stars is the friendliest.