The Legal Page
A Quick Look
The National Firearms Act (1934) http://en.wikipedia.org/wiki/National_Firearms_Act This is a 'must read' for anyone who wants
to understand firearms law in the United States. For the first time in United States post-Revolutionary history, The National Firearms
Act targeted specific firearms and firearms types and the ownership of same. As parts of the Act failed to pass muster in the
Supreme Court and were finally repealed, legislators have re-established the same infringements incrementally and piecemeal over
the years by passing The Gun Control Act (1968), The Omnibus Crime Control and Safe Streets Act of 1968 (1968), The Firearm
Owners Protection Act (1986),Gun-Free School Zones Act (1990), The Brady Handgun Violence Prevention Act of 1993, Federal
Assault Weapons Ban (1994–2004) and Protection of Lawful Commerce in Arms Act (2005) which protects manufacturers from
frivolous law suits but makes trigger locks mandatory for handguns.
Gun-Free School Zones Act of 1990
In addition to these Federal Laws, as the Supreme Court has consistently ruled it a state's rights issue (since US v. Cruikshank,
1876), many states have passed laws restricting gun ownership. The latest estimate is some 22,000 plus laws addressing firearms
The history of gun laws in a nutshell in the US then is this: Since 1934 the Federal Government, more specifically Congressional
Lawmakers have attempted to achieve something in gun law that the Supreme Court has consistently ruled is un-Constitutional; and
every time the Court has so ruled, legislation has been written specifically to skirt the issue at hand and achieve the same purpose,
gun restriction (essentially arms bearing infringement). And each time, the Supreme Court has avoided direct confrontation with the
Executive and Congressional Branches by balancing on the fence between states rights issues and individual rights issues.
Therefore, in view of this state of affairs, with gun ownership becoming more and more a hot button issue, it is incumbent upon
gun owners and prospective gun owners to not only know local, state and federal gun laws but stay up-dated on them.
http://www.azleg.state.az.us/ars/13/03112.htm (concealed carry)
5-73-301 - 5-73-320 -- [As of August 16, 2013, concealed carry of a handgun without a permit is legal, although CCW permits are
still available on a "Shall-Issue" basis. On July 8, 2013 Arkansas Attorney General clarified that the ban on openly carrying handguns
in public remains in effect.]
5-73-120 (c)(4) Peaceable Carry Law -- [Weapons are allowed if] The person is carrying a weapon when upon a journey, unless the
journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked
baggage and is not a lawfully declared weapon. "Journey" is defined as "travel beyond the county in which a person lives." (5-73-120
http://dmv.ca.gov/pubs/vctop/appndxa/penalco/penco12025.htm Summary: All handgun serial numbers and sales are recorded by
the state (registered) in the Department of Justice’s Automated Firearms System. Long arm serial numbers are not recorded, only
the sale. While there is no requirement for California residents to register previously owned handguns or firearms with law
enforcement, §12025 and §12031 enhance several misdemeanor offenses to felonies if the handgun is not on file in the Department
of Justice’s Automated Firearms System. California §12025 states that handguns must be transported unloaded and in a locked
container other than the glove compartment or utility box in a motor vehicle. A "locked container" is further defined to mean "a
secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device." New
residents must register handguns (purchased outside of California) with DOJ within 60 days.
http://www.lpdirect.net/casb/crs/18-12-105.html 18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of
weapons. Legal without permit requirements except in the City and County of Denver.
CGS 29–36(f), CGS 29–36(g) Permit to purchase
CGS 53–202 Registration of Assault Weapons ; As of April 4, 2013, magazines holding more than 10 rounds are considered Large
Capacity Magazines (LCM), and such magazines manufactured after that date may not be sold or transferred within the state.
http://www.delcode.delaware.gov/title11/c005/sc07/index.shtml#1441 Open carry is generally permitted. Complete preemption of
all local laws by state law, except any local ordinances that were in effect before July 4, 1985 are still in effect and are not
District of Columbia
The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council on September 24, 1976.
http://archive.org/stream/firearmscontrol00colugoog/firearmscontrol00colugoog_djvu.txt [The only readable text found by
All firearms must be registered with the Metropolitan Police Department. A background check, online training, and testing of the
gun owner are required.
"Assault weapons" and .50 BMG rifles prohibited.
Illegal to possess or acquire magazines of more than 10 round capacity.
The firearm registration process also serves as a licensing process.
Concealed and open carry prohibited.
Automatic firearms prohibited.
Possession of unregistered firearms prohibited for both residents and non-residents.
[Since the Supreme Court has reviewed District of Columbia v. Heller (554 U.S. 570 (2008)) and has found 'parts' of the 1975 law
to be unconstitutional, it has become uncertain which of the provisions above will continue to be enforced. It is therefore prudent to
assume they are all still in force as far as local authority is concerned once one crosses the threshold of his own domicile. US]
http://flsenate.gov/Laws/Statutes/2013/790.06 (Registration/Creating lists of ownership a felony)
http://flsenate.gov/Laws/Statutes/2013/790.25 (Concealed Carry)
http://flsenate.gov/Laws/Statutes/2012/790.06 (Concealed Carry-Long Guns)
http://flsenate.gov/Laws/Statutes/2013/790.053 (Open Carry)
http://flsenate.gov/Laws/Statutes/2012/790.33 (State vs Local Restrictions)
http://www.georgiapacking.org/GaCode/?title=16&chapter=11§ion=126 (Carry Law)
http://www.georgiapacking.org/GaCode/?title=16&chapter=11§ion=173 (State Law Preemptive over Local)
http://www.georgiapacking.org/GaCode/?title=16&chapter=11§ion=126 (Open Carry) Openly carrying a handgun without a
GWL in one's home, motor vehicle, or place of business is covered by the exception in section 16-11-126(a).
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0009.htm (Concealed Carry)
http://ilga.gov/legislation/publicacts/98/098-0063.htm (State Statute)
(Cook County Ordinances)
f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-170 (Chicago Municipal Ordinances)
http://www.ilga.gov/legislation/ilcs/documents/072000050K24-1.htm (Carry Law-State)
http://ilga.gov/legislation/publicacts/98/098-0063.htm (Restrictions-Tasers, other)
http://www.ai.org/legislative/ic/code/title35/ar47/ch2.html ( Concealed/Open Carry Law)
http://www.in.gov/legislative/ic/code/title35/ar47/ch5.html (Short-barreled Shotguns Prohibited)
http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=724.28 (State Law Preempts)
http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=724.15 (Permit to buy)
http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=724.7 ( Carry Law)
http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=704 (Castle Doctrine)
http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=707.6 (Civil Liability)
http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=724.#724.3 (Illegal to
possess "Offensive Weapons"; defined in 724.1)
http://www.lrc.ky.gov/Statutes/statute.aspx?id=41878 (Carry Law)
http://www.lrc.ky.gov/Statutes/statute.aspx?id=11133 (Preemptive Exceptions)
http://www.lrc.ky.gov/Statutes/statute.aspx?id=40556 (State Preemptions)
http://legis.la.gov/lss/lss.asp?doc=97451 (Carry Permits)*
http://legis.la.gov/lss/lss.asp?doc=78738 (Illegal Carry)
http://legis.la.gov/lss/lss.asp?doc=78739 (Illegal Carry)
http://legis.la.gov/lss/lss.asp?doc=78741 (School; Firearm Free Zones)
http://legis.la.gov/lss/lss.asp?doc=78745 (Free Zones)
*Automatic firearms, short-barreled shotguns, short-barreled rifles, or silencers may not be possessed or transferred without
permission of the Department of Public Safety, and must be registered with the Department.
http://www.mainelegislature.org/legis/statutes/25/title25sec2003.html (Shall Issue)
http://www.mainelegislature.org/legis/statutes/12/title12sec11214.html (Restriction Magazine Capacity)
Article Section 4-303 -- (regulated firearms/ban above)
Section 5-117.1 -- (purchase requirements above)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131 (Carry Permits)
While Massachusetts' firearms laws are some of the strictest, they are not applicable to travelers who comply with the Firearm
Owners Protection Act's traveler's exemption:
The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921 et
seq., is a United States federal law that revised many provisions of the Gun Control Act of 1968.
See the extensive list of bans and restrictions here: http://en.wikipedia.org/wiki/Gun_laws_in_Massachusetts
(Permit to Purchase) Short barreled shotguns and short barreled rifles are prohibited. Automatic weapons, AOW's, and
silencers/suppressors are allowed if in compliance with federal law.
MCL 28.422 -- All handguns must be registered.
(Carry Law) Open carry is generally permitted. Open carry in a vehicle is permitted only with a concealed carry license.
https://www.revisor.mn.gov/statutes/?id=624.7132 (Recent Revisions)
https://www.revisor.mn.gov/statutes/?id=624.714 (carry permit)
https://www.revisor.mn.gov/statutes/?id=624.7181 (open carry)
https://www.revisor.mn.gov/statutes/?id=609.67 (Prohibited Firearms)
http://billstatus.ls.state.ms.us/documents/2011/pdf/HB/0500-0599/HB0506SG.pdf (Carry Law)
http://courts.ms.gov/Images/Orders/700_80585.pdf (Open Carry)
http://www.moga.mo.gov/STATUTES/C571.HTM (Weapons Offenses)
http://www.nraila.org/gun-laws/state-laws/missouri.aspx (synopsis of important gun laws)
http://leg.mt.gov/bills/2003/mca/45/8/45-8-321.htm (Carry Permit)
https://statepatrol.nebraska.gov/ConcealedCarry.aspx (Concealed Carry)
http://www.legislature.ne.gov/FloorDocs/99/PDF/Slip/LB454.pdf (text of 2006 Carry Law)
http://www.nraila.org/gun-laws.aspx (Federal and State Firearms Laws)
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6.htm (Carry Permit)
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-4.htm (Open Carry Prohibited)
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-26.htm (Prohibitions: Knives/Ammunition)
http://www.state.nj.us/njsp/info/pdf/firearms/njac-title13-ch54.pdf (Carry Permit) Permit applicants must "specify in detail the
urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the
applicant's life that cannot be avoided by means other than by issuance of a permit to carry a handgun." As a result of this tough
standard, New Jersey is effectively a "no issue" state unless one is a retired law enforcement officer.
http://www.nraila.org/gun-laws/state-laws/new-jersey.aspx (Synopsis of NJ Gun Laws)
http://www.nmlegis.gov/Sessions/05%20Regular/final/HB0641.html (Carry Permit)
No statutory protection from lawsuits arising from the use of lethal force in self-defense. Property owners may prohibit the carrying
of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property.
Violating these "gun-free" establishments is a 4th-degree felony punishable by up to 18 months imprisonment and/or a fine of up to
$5,000 (no Castle Doctrine) per NMSA 29–19–12; NMSA 30–14–6.
S 265.20, S 265.01--Permits for those wanting to carry concealed are issued on a "may issue" basis, whereas permits to merely
purchase and possess handguns in the home are issued on a "shall issue" basis. There is an application fee for each Permit, as well
as an amendment fee for each handgun added to the permit. NYC residents must apply for and receive a rifle/shotgun permit from
the NYC police department, must register every long gun purchased with said permit with the NYC police department and
purchases are limited to one long gun per ninety day period.
S 700.00, S 265.01--All handguns must be registered under a license.
S 265.20, S 265.01--New York State has a handgun ban in place. Exceptions are to those who own a license. They are normally
restricted to three types, residence or business premises permit (must issue generally), Target & Hunting and Unrestricted Carry.
Target and hunting allows carry while engaged in those activities. Unrestricted allows carry at anytime. All permits issued outside of
New York City are not valid in New York City.
S 265.00, S 265.02--Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and
registered with the state by January 15, 2014.
265.02--Magazine size limited to 10 rounds however, it is illegal to load more than 7 rounds into a magazine except when at shooting
range, hunting, or in one's dwelling.
S 265.35, S 265.01--Open carry is effectively banned under state law. *However some counties (such as Delaware County) will
issue permits to open carry, but not concealed carry. Licensed handgun owners have been known to open carry in that county.
http://www.ok.gov/osbi/Handgun_Licensing/index.html (Application/Law Link)
http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2001orLaw0001ses.html (Gun Show Loop Hole)
http://www.sled.sc.gov/ProtectionOfPeople.aspx?MenuID=CWP (Criminal/Civil Immunity)
http://www.scstatehouse.gov/code/title23.php (Index/Title 23)
http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.46.htm (Title 10-Chapter 46/Text)
http://law.onecle.com/texas/government/411.172.00.html (Permit Eligibility)
http://le.utah.gov/~code/TITLE53/htm/53_05a010200.htm (General Codes)
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-279 (Statutes: 18.2-279-18.2-312/Weapons)
Concealed Carry and Other Laws You Should Know
The Gun Control Act of 1968 (GCA or GCA68), Pub.L. 90–618, 82 Stat. 1213-2, enacted October 22, 1968. codified as Chapter
44 of Title 18 of the United States Code, and is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA)
is Title II. Both GCA and NFA are enforced by the ATF.
The Firearm Owners' Protection Act (FOPA), Pub.L. 99–308, 100 Stat. 449, enacted May 19, 1986, codified at 18 U.S.C. § 921
et seq., is a United States federal law that revised many provisions of the Gun Control Act of 1968.
http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=PLAW (Entry site)
The Official BATFE Website, Federal Firearms Guide (2005)
Canadian Gun Laws
NRA Hotlinks - NRA-ILA
Law Center to Prevent Gun Violence