U.S. Firearms Legal Topics
Assault weapons ban
ATF (law enforcement)
Brady Handgun Act
Federal Firearms License
Firearm case law
Firearm Owners Protection Act
Gun Control Act of 1968
Gun laws in the U.S. — by state
Gun laws in the U.S. — federal
Gun politics in the U.S.
National Firearms Act
Second Amendment
Straw purchase
Sullivan Act (New York)
Violent Crime Control Act

Gun laws in the United States vary from state to state and are independent of, but not contradictory to, existing federal firearms laws. Some U.S. states have also created so-called assault weapon bans that are independent of, though often similar to, the expired federal assault weapons ban. The state level bans vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment of the Bill of Rights (the exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York).

Firearm license-holders are subject to the firearm laws of the state in which they are carrying, and not to the laws of the state in which the permit was issued. Reciprocity between states exists for certain licenses such as concealed carry permits. These are recognized on a state-by-state basis. For example, Arizona recognizes a Nevada permit, but Nevada does not recognize an Arizona permit. Some states do not allow out of state Concealed Carry Weapon ("CCW") permit holders, so it is important to understand the laws of each state when traveling with a handgun.^[1]

When planning a trip it is very confusing to match the Concealed Carry Weapon Permit to the state laws. John Thune of South Dakota has introduced a national reciprocity bill, but it has never been able to advance out of Senate committees. Checking with each state's legal page is important. There are travel tools that may help shorten the search time.^[2]

For federal gun law, see Gun law in the United States.

Alabama

Alabama is classified as a "may issue" state; Alabama law states, "The sheriff of a county may, upon the application of any person residing in that county, issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."

In practice, virtually all Alabama county sheriffs as of 2006 issue licenses to all "suitable persons."^[3] Application fees and other requirements such as training as well as the conduct of background checks vary from sheriff to sheriff. Alabama permits are honored in 19 states.^[4]

Alaska

Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry,"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act or to not be subject to NICS check when purchasing firearms. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.^[5]

Arizona

Arizona gun laws are governed by Title 13, Chapter 31 of the Arizona Revised Statutes^[6]. Registration or licensing of firearms is not a requirement in Arizona. In fact, Section 13-3108 subsection B prohibits state legislators from enacting any laws requiring licensing or registration^[7]. Laws governing the sale and transfer of firearms in Arizona largely lean on federal gun laws. For example, long gun purchases (rifles and shotguns) and ammunition for long guns require that the buyer be at least 18 years of age. Handgun purchasers must be at least 21 years of age to purchase a hand gun from a federally licensed dealer. However, in the case of a private sale the purchaser need only be 18 or older. Background checks are not required for private sales, although federal and state laws concerning firearm purchaser prohibitions still apply.

Arizona is classified as a "shall issue" state. Concealed carry permits are issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety. Requirements for issuance include taking an 8 hour training class (provided by a licensed third party), submitting a finger print card, and paying a $60 fee. Once issued, permits are good for 5 years. Renewing a permit requires only an application and finger print card. However, effective December 31st, 2007 the finger print card requirement for renewal is scheduled to be lifted^[8].

Arkansas

In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.

Arkansas is a "shall issue" state for the concealed carry of firearms.^[9] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license will be suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.

Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local units of government and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.

Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.

California

Main article: Gun laws in California

California^[12][13] is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief. California does not recognize concealed carry permits issued by other states.

All firearm sales must be completed through a licensed firearms dealer.^[14] The buyer must fill out an application to purchase a particular firearm. The dealer sends the application to the California Department of Justice, which performs a background check of the buyer. The approved application is valid for 30 days. There is a 10 day waiting period for the delivery of any firearm.

To purchase a handgun, a buyer must have a Handgun Safety Certificate.^[15] This is obtained by taking a course from a state certified instructor and passing a written test on the safe and legal use of handguns. The certificate is valid for 5 years. Purchases are limited to one handgun per 30 day period.

Dealers may not sell any handgun unless it is listed in the Department of Justice roster of handguns certified for sale.^[16] Private party transfers are exempt from this requirement. Listed handguns must include certain mechanical features and pass a set of laboratory tests.

It is illegal to sell a firearm that the state defines as an "assault weapon", including most military style semi-automatic rifles, or a .50 caliber BMG rifle. Assault weapons and .50 caliber rifles may be legally possessed if already registered with the state. It is illegal to sell or import a magazine that holds more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles or for .22 caliber rifles. It is illegal to possess an automatic firearm or a short-barreled shotgun or rifle without permission from the California Department of Justice; such permission is generally not granted.^[17]

Colorado

Connecticut

Like Alabama, Connecticut is a "may issue" state that is close to "shall issue" in practice. Unlike a true "shall issue" state, Connecticut authorities may deny a permit even in the absence of a prior criminal history, but unlike most "may issue" states, issuing authorities by law must not be "arbitrary or capricious" when evaluating the suitability of the applicant. The applicant need not demonstrate a compelling need. Unless questions arise involving the mental capacity of an otherwise qualified applicant, the permit is issued.^[18]

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

Connecticut has bans on defined 'assault weapons.' However, it does not restrict magazine capacity.

Connecticut allows all NFA firearms except for selective fire machineguns. Selective fire machineguns existing in Connecticut before they were banned are grandfathered.

Connecticut also has a provision in the statute that if a Concealed Carry Permit holder loses a firearm and does not report it, they may lose the permit.^[19]

Delaware

District of Columbia

In Washington, D.C., all firearms must be registered with the police, by the terms of the Firearms Control Regulations Act of 1975.

The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down when a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled on March 9, 2007, that the handgun prohibition violated the Second Amendment of the U.S. Constitution.^[20] The ruling also overturned a section of the same law requiring all registered firearms to be kept disassembled or locked with trigger locks. On May 8, 2007, the full U.S. Court of Appeals refused to reconsider that decision. On July 16, 2007, D.C. mayor Adrian Fenty announced that D.C. would appeal the ruling to the U.S. Supreme Court.^[21] On November 20, 2007, the Supreme Court agreed to hear the case, which was now known as District of Columbia v. Heller. On June 26, 2008, the Supreme Court ruled that D.C.'s ban on handguns is unconstitutional by a 5-4 vote.^[22]

Pending legislation is expected to modify existing law to clarify that firearms in the home must be stored unloaded and either disassembled secured with a trigger lock, gun safe, or similar device. An exception is made for a firearm while it is being used against reasonably perceived threat of immediate harm to a person within a registered gun owner’s home. The Chief of Police will require ballistics tests of any handgun submitted for registration to determine if it is stolen or has been used in a crime. MPD will allow the registration of previously possessed handguns other than those that qualify as "machine guns" under District law (that is, all automatics and most semiautomatic pistols) for the next six months.^[23]

Florida

Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.^[24]

Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.^[25] (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.

Open carry when on foot is not permitted in any public area, except for lawful self-defense or hunting. (When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is permitted.) State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)

Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:

• federally-controlled areas (such as national parks, inside the boundaries of which guns must be kept securely locked.),
• in or around specially-marked buildings/grounds (notably, mental hospitals and any hospitals with provisions to treat mental illness, where concealed carry is a felony even with a permit (F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by law". Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental illness by permit holders, it can be inferred that concealed carry with a permit is allowed. Caution is advised since there currently is no case law. In other words, no case has been referred to a Grand Jury nor has any person been tried for violating the law. One Florida resident was arrested but the charges were subsequently dropped after their attorney successfully argued the permit holder was excepted. Be advised each county's prosecutor may have a different opinion.
• any place of nuisance,
• Sheriff's Office,
• Police Station,
• Jail,
• Prison,
• Courthouse,
• Polling Place,
• any Governmental Judicial meeting,
• any school or college,
• lounges,
• bars,
• airports,
• professional athletic event, and
• any federal buildings or property.

As of October 1, 2005, Florida became a "Stand-your-ground" state. The Florida law is a self-defense, self-protection law. It has four key components:

1) It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

2) In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

3) In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.

4) If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.

As of July 1, 2008, Florida became a "Take your gun to work" state. A new statewide Florida law went into effect on this date prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their car in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Notable exceptions include companies with a primary business involving the manufacture of fireworks, the operating of nuclear reactors, or at sites involving Government facilities and defense contractor facilities. Currently, a test case involving Walt Disney World Resort is going through the courts, involving a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1st, in violation of Disney's pre-existing and strict no weapons allowed policy. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.^[26][27]

Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.

Currently, Florida's Concealed Weapon License is the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-two different states, while the non-resident Florida Concealed Weapon License is recognized in twenty-seven states.^[28]

Georgia

Georgia is a "shall issue" state, and issues firearms permits to residents through a county probate court. Georgia recognizes permits from any other state which recognizes Georgia's permit, provided the non-resident individual would meet the eligibility requirements for a Georgia Firearms License as a resident.

Vehicle carry is allowed if the possessor is eligible for a permit. An eligible person without a permit must keep a firearm unloaded in a case separated from ammunition, or loaded and fully exposed to view (Lindsey vs State of Georgia indicates that the firearm must be fully visible to all possible observers),^[29] or loaded in a closed compartment of the vehicle. Permit holders may carry a firearm open or concealed anywhere within a vehicle.

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

Firearm regulations are uniform throughout the state, and a firearms permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:

• federally-controlled areas (such as national parks, inside the boundaries of which guns must be kept securely locked)
• nuclear power facilities
• any federal buildings or property
• any public gathering (includes, but is not limited to, athletic or sporting events, churches or church functions, political rallies and/or functions, publicly owned or operated buildings)
• any place licensed to sell alcohol for consumption on premises (excluding restaurants that serve alcohol)
• wildlife management areas, except by a licensed hunter in an appropriate open season (not during a primitive weapon season)
• any school building or grounds (except for authorized teachers and staff)

On May 14, 2008, Governor Sonny Perdue signed House Bill 89. The bill removed public transportation, state parks, and restaurants that serve alcohol (excluding bars) from the list of specially-defined prohibited areas.^[30][31]

As of July 1, 2006, Georgia became a "Castle Doctrine" state, and requires no duty to retreat before using deadly force in self defense, or defense of others.^[32]

Georgia law allows private firearm sales between residents without requiring any processing through an FFL.

Hawaii

This article may require cleanup to meet Wikipedia's quality standards. Please improve this article if you can. (March 2008)

Firearm laws are found in the Revised Statutes, Section 134, FIREARMS, AMMUNITION AND DANGEROUS WEAPONS.

Highlights and information about acquiring, registering, possessing, owning, and carrying firearms in the City and County of Honolulu are organized as follows:

HRS 134-2 Permit to acquire

HRS 134-3 Registration, mandatory, exceptions

HRS 134-4 Transfer, possession of firearms

HRS 134-5 Possession by licensed hunters and minors; target; game shooting

HRS 134-6 Carrying or use of firearm in the commission of a separate felony; place to keep firearms; loaded firearms; penalty.

HRS 134-7 Ownership or possession prohibited, when, penalty;

HRS 134-7.5 Seizure of firearms in domestic abuse situations

HRS 134-9 Licenses to carry (Hawaii is a "may issue" state, and applications are made to the chief law enforcement agency of the islands (the Honolulu Police Department).

Idaho

Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants must demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, at the Idaho State Capitol mall, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.^[33][34][35]

Open carry is legal in Idaho. A concealed weapons permit is not required for open carry. The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.^[34]

Idaho has state preemption of firearms laws, so local units of government can not regulate the ownership, possession, or transportation of firearms. The state constitution states that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony."^[36][37]

The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.^[36]

Illinois

Illinois has some of the most restrictive firearm laws in the country.

To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police.^[38] Generally an FOID will be granted unless the applicant has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, or has been adjudicated as a mental defective.^[39] There are additional requirements for applicants under the age of 21.^[40]

There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.^[41] Chicago does not allow the registration of handguns, which has the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982.^[42][43] Some Chicago suburbs also have banned handguns, including Oak Park^[44] and Winnetka.^[45] Highland Park bars handgun possession unless the resident has obtained a permit from the police.^[46] The status of these various handgun bans has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.^[47][48] Chicago has indicated that it will fight in court to keep its current law,^[49] but in the weeks following the Heller decision, handgun bans were repealed in the suburbs of Wilmette^[50], Morton Grove,^[51] and Evanston.^[52]

Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition.^[53] Other municipalities have also enacted various firearm restrictions.^[54] Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.

Illinois is one of two remaining states that have no provision for the concealed carry of firearms by citizens. Open carry is also illegal, except when hunting, or when in unincorporated areas where carrying is not prohibited by county law. When a firearm is being transported, it must be unloaded and enclosed in a case.^[55]

When purchasing a handgun in Illinois, there is a 72 hour waiting period after the sale before the buyer can take possession. The waiting period for long guns is 24 hours.^[55]

Indiana

Indiana^[56] has enacted state preemption of firearm laws. However, local laws passed before 1994 or for certain narrowly defined emergency situations are valid.

Indiana is a "shall issue" state for the License to carry a handgun.^[57] The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW. A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements. Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Application for a license must be made to the local police department, or absent that to the county police department. It is illegal to carry a concealed weapon on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Indiana honors CCW licenses issued by every state (Illinois and Wisconsin do not issue CCW licenses), generally including non-resident licenses. However, Indiana residents, or non-residents with a "regular place of business" in Indiana, must obtain an Indiana license.

Firearms dealers or private individuals may not sell any firearm to someone less than 18 years old, or less than 23 years old if the buyer was "adjudicated a delinquent child for an act that would be a felony if committed by an adult", or to a person who is mentally incompetent or is a drug or alcohol abuser. Possession of automatic weapons by individuals or dealers who have obtained the appropriate federal license is permitted. Short barreled shotguns are prohibited.

Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty.^[58]

Iowa

Iowa^[59] is a "may issue" state for concealed carry. A Permit to Carry Weapons may be issued or denied to qualified residents at the discretion of the county sheriff, or to non-residents at the discretion of the Commissioner of the Iowa Department of Public Safety. Applicants must successfully complete an approved training course and demonstrate proficiency with a handgun. Iowa does not recognize concealed carry permits issued by other states.^[60][61]

A Permit to Acquire Pistols or Revolvers is required when purchasing a handgun from a dealer or private party, and is obtained from the county sheriff. A Permit to Acquire shall be issued to qualified applicants aged 21 or older. It becomes valid three days after the date of application, and is valid for one year. A permit is not required when purchasing an antique handgun, which is defined as a matchlock, flintlock, or percussion cap pistol manufactured before 1898, or a replica of such a pistol.^[62]

Iowa has enacted state preemption of firearms laws, so local units of government may not restrict the ownership, possession, or transfer of firearms, or require their registration.^[63]

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

Kansas

Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "shall issue" policy.^[64] The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override a veto from Governor Kathleen Sebelius, who had previously vetoed several other attempts to legalize concealed carry. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.

On April 21, 2008, Governor Kathleen Sebelius signed a bill allowing the sale and possession of NFA weapons. The law took effect on July 1, 2008.^[65][66]

Kentucky

Suppressors are legally transferable in Kentucky.

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

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

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

Louisiana

Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military. Concealed carry is not permitted in any bar or restaurant where alcohol is served, place of worship, government meeting place, courthouse, police station, polling place, parade, or in certain other locations.^[67][68]

Louisiana has state preemption of firearms laws, except for local laws passed before July 15, 1985. Government bodies other than the state may not sue firearms manufacturers, dealers, or trade associations for damages that are the result of lawful activities. Automatic firearms, short-barreled shotguns and rifles, and silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.^[69]

Maine

Maine^[70][71] is a "shall issue" state for concealed carry. The issuing authority is the local government or local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. A permit is not required for open carry.^[72][73][74]

Maine does not currently honor concealed carry permits from other states. In 2007, the state enacted L.D. 148, directing the Department of Public Safety and the Attorney General to review other states' concealed weapon reciprocity agreements and actively seek reciprocity where appropriate.^[75]

Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.^[76]

A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.^[77]

Maryland

In addition to a Maryland driver's license, Maryland requires all gun purchasers to watch a safety video before purchasing a "regulated firearm". Once complete, the purchaser is issued a certification card. Every time you purchase a regulated firearm in Maryland thereafter, you must present this card to prove you have watched the safety video and understand.

Maryland State Police also maintains a database of all "regulated firearms" purchased in the state. A regulated firearm in Maryland includes all handguns and so-called "assault-style" rifles. Assault style rifles include all AK-47 style rifles, CETME/G3, FAL and copies, etc. When purchasing a regulated firearm, there is a 7-day waiting period before the purchaser can pick up his gun. During this seven day waiting period, Maryland State Police conducts its own background check, which includes juvenile records, and, if the transaction is approved, they record the firearm serial number and owner.

If a legally registered gun owner commits a felony in Maryland, Maryland State Police uses their database to obtain a search warrant and confiscate any and all firearms in that person's possession.

Maryland tightly restricts the issuance and use of concealed carry permits. An individual must either prove that their employment requires the transportation of large amounts of cash or, in the case of security guards and private detectives, that the use of a handgun is required to perform his or her duties. Individuals citing personal protection must produce documentation of death threats supported by police reports; even then, permits have been denied in some cases. Almost all permits have tight restrictions on their use; for example, a licensed business owner or employee may only legally carry concealed while in the act of transporting cash from his or her business.^[78]

Massachusetts

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

All applications, interviews, fees, and fingerprinting are done at the local Police Department then sent electronically to the Massachusetts Criminal History Board for the mandatory background checks, and processing. All approved applicants will receive their license from the issuing Police Department. All licensing information is stored by the Criminal History Board. Non residents who are planning on carrying in the state must apply for a temporary LTC through the State Police before their travel.

There are four different types of Firearm licenses issued in the state. The most restrictive license, the Firearm Identification License (FID), only allows the ownership of long arms (rifles or shotguns) that hold 10 rounds or less in their magazines. The Class B License To Carry (LTC) allows the ownership of handguns which hold 10 rounds or less or long arms with any capacity magazine. The Class A LTC allows the ownership of any capacity handgun, or longarm and the ability to carry concealed. Licenses are valid for 6 years.

The issuing authority official may restrict the Class A LTC as he wishes, such as target and hunting only, which may effect the authorization of an individual to carry concealed.

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

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

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

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

All private sales are required to be registered through an FA-10 form with the Criminal History Board, Firearm Records division. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state and all classes of LTCs, are issued in a highly discretionary manner.

FIDs are "Shall issue", except if the applicant fails a background check. Massachusetts law does not recognize the Firearm Owners Protection Act. State law requires all firearms to be stored safely (unloaded) in a locked container separate from the ammo, or with a child safe trigger lock. If in a vehicle, firearm must be carried in the trunk of the vehicle in a locked container. Unless the licensee has a Class A unrestricted license, in which case the firearm must be under his direct control. Any firearms that are found to be unsecured may be confiscated by law enforcement officers and license may be revoked. In the event a license is revoked for any reason, law enforcement will confiscate all weapons and store for 1 year before destroying them unless the revoked licensee transfers ownership to a properly licensed party who then claims the firearms.

Michigan

The State of Michigan claims complete preemption of laws in regards to ownership and the carrying of firearms. Generally, Federal, State and Local Law Enforcement agencies, and agents thereof acting in an official capacity, are exempt from Michigan's firearms regulations. The Constitution of the State of Michigan of 1963[1] Article 1, Section 6 reads:

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

A complete listing of Michigan's firearms laws can be found in the publication "Firearms Laws of Michigan"[2]

Firearm Defined

The word “firearm”, except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by means of spring, gas or air.[3]

Purchasing Firearms in Michigan

In Michigan, rifles and shotguns may be purchased by anyone 18 or over who is not subject to restrictions that are usually based on criminal or mental health history, no licensing or permit to purchase is required for long guns. A License to Purchase is required to purchase a handgun, anyone purchasing a handgun must be 21 years of age or more to purchase from a federally licensed firearms dealer; however, in the case of a private sale the purchaser need only be 18 or older^[79].

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

An individual must apply to their local police or sheriff's department for a License to Purchase a Pistol prior to obtaining a pistol. A license to purchase is not needed for an individual with a CPL (Concealed Pistol License). However, a NICS check must be completed by the FFL (Federal Firearms Licensee) prior to the transfer of the firearm, unless your CPL was issued after November 22, 2005. [4] The police authority will check for any criminal record at both the state and national level. The applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary that they meet the statutory requirements to own a pistol. The License to Purchase a Pistol form must be completed even though the applicant may already have possession of a pistol, such as through an inheritance. Federal firearms licensed dealers are not exempt from this section of the law and must also get a license any time they purchase/acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler. A License to Purchase a Pistol is valid for 10 days to purchase a pistol. The seller must sign the license and keep one copy for his/her records. An individual must return to the local police department within 10 days of purchasing the pistol, return the two remaining copies of the license, and present the pistol for a Safety Inspection Certificate. Dealers are exempt from the safety inspection requirements on pistols kept solely for the purpose of resale. Some agencies require all unused license to purchase forms be returned to them for record keeping purposes. These forms are licenses to purchase a pistol and the purpose is not to circumvent the required NICS (National Instant Check System) check when buying a shotgun or rifle from an FFL dealer.[5]

Concealed Carry in Michigan

Michigan's concealed carry law is "shall issue," meaning that anyone over 21 may obtain a license to carry a concealed handgun if they are not prohibited from owning firearms, have not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and have completed state approved firearms training. Concealed Pistol License (CPL) holders are exempt from the obtaining a license to purchase a handgun; however, they must fulfill the registration requirement.

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises: Schools or school property, public or private day care center, public or private child caring agency, or public or private child placing agency, sports arena or stadium, a tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises, any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons, an entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more, a hospital, a dormitory or classroom of a community college, college, or university, and casinos. "Premises" does not include the parking areas of the places listed above, excluding casino parking. A pistol is subject to immediate seizure if the CPL permit holder is carrying a pistol in a "pistol free" area. [6]

An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.[7]

On March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."[8]

Open carry is legal in Michigan, although some people think that it is socially unacceptable without good reason (security/police officers, hunting, etc.), and choosing to do so in populated areas may result in being charged with disturbing the peace or even brandishing.[9]

Michigan used to not allow ownership of NFA firearms, though Attorney General Mike Cox has written an Attorney General's Opinion [10] that allows for fully automatic machine guns to be legally transferable to Michigan residents who comply with federal laws. Suppressors (silencers) however are still illegal and non-transferable in Michigan.

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

Minnesota

Minnesota does not require concealment when carrying. With a carry permit, one may carry openly in accordance with the carry law.

Minnesota State Statute 624.714

Mississippi

Mississippi^[80][81] is a "shall issue" state for concealed carry. The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 120 days. The license is valid for four years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95-3-1,^[82] or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". A license to carry a concealed pistol or revolver is required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.^{[83] [84]}

Mississippi has state preemption of many but not all firearm laws. No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.^[85]

Lawsuits against manufacturers, distributors, or dealers for damages resulting from the lawful design, manufacture, distribution or sale of firearms are reserved to the state. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship.^[86]

Missouri

Peaceable Journey and RV Law

Missouri has a 'peaceable journey' under Missouri Statutes 571.030 which law says it's not illegal to carry the weapon in a passenger compartment of a vehicle as long as (1) concealable firearm is otherwise lawfully possessed, (2) person is 21 or older, or (3) person is in his dwelling unit (e.g. RV) or upon premises over which the person has possession/authority/control, or is traveling in a continuous journey peaceably through this state.

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

Open Carry

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

Concealed Carry

Missouri Statute 571.070 (8/28/2007) says that unlawful possession of a concealable firearm is a class C felony.

Missouri Statute 571.121 (8/28/2007) says (a) you have to carry permit with you when you carry the concealed weapon and if you don't have it with you, it's not a crime, but you can be fined up to $35, and (b) director of revenue issues a driver's license that reflects that you have a concealed carry permit (and they cannot be held responsible for what you do.)

Montana

Montana^[87][88] is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Concealed carry is not allowed in government buildings, financial institutions, or any place where alcoholic beverages are served. Carrying a concealed weapon while intoxicated is prohibited. No weapons, concealed or otherwise, are allowed in school buildings. Montana recognizes concealed carry permits issued by most but not all other states. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. Transporting a firearm in a motor vehicle is legal. Open carry is also generally permitted.^[89][90]

Montana has state preemption of most firearms laws. Local units of government may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer, ownership, possession, transportation, use, or unconcealed carrying of any weapon. However, local governments may restrict the firing of guns, or the carrying of firearms at public assemblies or in public buildings or parks.^[91]

Montana has a number of restrictions on lawsuits against firearms manufacturers, dealers, or trade associations. Such lawsuits may be filed by the state, but not by local governments.^[92][93]

Nebraska

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

Nevada

Nevada law does not require registration of rifles, however, handgun owners resident in Clark County must register their weapons with Clark county - Las Vegas Police Department (excluding Boulder City). Concealed carry is not permitted without a CCW permit issued by the counties. A person must take a class to receive the CCW concealed carry permit and must qualify by demonstrating use of the exact model handgun that the person will carry.

Nevada has an open carry law that permits a person to carry a handgun in plain view, however, there are exceptions. For instance, Clark County requires you to have a registration to open carry, and you must carry your registration with you when you are carrying a gun.

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

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

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

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

The CCW permit costs $105, and is valid for 5 years for residents and 3 years for non-residents.^[94]

New Hampshire

New Hampshire does not require a license for Open Carry, but carry in a motor vehicle or otherwise concealed does require a license. Note that the NH license is issued for concealed carry of a "pistol or revolver," and is not a license to carry "weapons" as exists in some other states. The NH license is issued by the local police dept at a cost of $10 for residents, and by the NH State Police at a cost of $20 for non-residents. Turn around time is generally 1 - 2 weeks, with 14 days being the maximum time allowed by law.

New Jersey

In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. NJ law says that the handgun purchase permit must be issued within 30 days, but it is not uncommon for it to take several months to be issued. Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. New Jersey also bans the use of hollowpoint ammunition in most circumstances. New Jersey has its own ban on various semi-automatic firearms as well.^[95] Police are bound by the AWB in NJ and cannot own those firearms unless they are signed off by the Chief as used in an official capacity. They are exempt from the magazine limits when used in a duty/off duty firearm and approved by the department.

New Mexico

New Mexico laws governing the possession and use of firearms^[96][97] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".^[98]

New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."^[99]

New Mexico is a "shall issue" state for the concealed carry of handguns.^[100] An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.^[101]

New Mexico recognizes concealed carry permits issued by 20 other states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and Wyoming.^[101]

Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, state building, school, or restaurant that serves alcohol. However, carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (ie. Grocery store, gas station, liquor store) is permissible under New Mexico state law

New Mexico law allows open carry, that is, it is legal to carry a loaded weapon that is not concealed. It is also legal to have a loaded, concealed weapon in a vehicle.^[102]

New York

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

In addition to laws pertaining to the entire state of New York, there are additional laws and statutes pertaining to licensing and permits in some of the major cities of the state since any city with a population of over 100,000 people is allowed to pass additional laws. Some of the cities with stricter laws include Albany, Buffalo, Rochester and New York City. All firearm owners there must have a permit for any gun (rifles and shotguns included) and the permit holder is registered with the Police Department. Handgun owners must apply for a separate license. The cost and renewal of these licenses vary from county to county. Importantly, handgun licenses issued in New York City are not valid in the rest of the state and all licenses issued outside of New York City are valid throughout New York State except New York City. Rifles and shotguns are not licensed in the rest of the state.

Most of New York State gun laws are covered in two sections of New York Penal law. Article 265 - (265.00 - 265.40) FIREARMS AND OTHER DANGEROUS WEAPONS; Weapons Crimes, Firearms and Other Dangerous Weapons, list definitions and legal violations. This sections includes the banning of possession of a handgun, ("firearm" under definition 3,) by anyone in New York State. Section 265.20 includes exemptions to the handgun ban including to those who have a license issued under Article 400 - (400.00 - 400.10) LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS; Licenses to Carry, Possess, Hunting and Target, Repair and Dispose of Firearms.

Every year the New York State Assembly passes many "gun control" bills including ones that would change the definition of 'assault weapons,' storage and trigger lock laws and require ballistic fingerprinting of all firearms. New York's ballistic fingerprinting program called CoBIS is required for all new handguns sold in New York State. The CoBIS program started on 3/2/2001 and after 6 years almost 150,000 handguns have been registered in the program but with only 2 "hits" and neither one led to any arrest or conviction. The program has cost between $13 and $28 million dollars and used more than 450,000 New York State police man hours.

New York State is a particularly interesting case, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms must have them unloaded and locked in a hard case where they are not readily accessible and can never be in possession of a high capacity feeding device made post ban (e.g. in the trunk of a vehicle).

North Carolina

To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CCW (Concealed Carry Weapon) permit.^[103] State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, be at least 21 years of age, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different county sheriffs in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits).^{[104][105][106][107][108]} This requirement is a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from obtaining handguns.^[109]

Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.^[109]

North Carolina is a "shall issue" state for the concealed carry of handguns. Application for a concealed carry license is made through the local county sheriff's office. Applicants must complete a state approved training course. A CCW license is valid for a period of five years. Regardless of the possession of a CCW permit, absolutely no person may possess a concealed weapon at any government-run facility or any educational establishment. ^[110]

North Carolina honors concealed carry permits issued by Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia.^[111]

North Dakota

North Dakota^[112] is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for three years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle. Concealed carry is not allowed in an establishment that sells alcoholic beverages or in a gaming site. Concealed carry is also not allowed, unless permitted by local law, at a school, church, sporting event, concert, political rally, or public building.^{[113][114][115]}

North Dakota has state preemption of firearms laws. No political subdivision may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law.^[116]

Firearms manufacturers, distributors, and sellers are not liable for any injury suffered because of the use of a firearm by another. However, they may be sued for breach of contract or warranty, or for defects or negligence in design or manufacture.^[117]

Ohio

In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.^[118]

The licenses are issued by county sheriffs.

The statute prohibits any person with any drug conviction from receiving a license, as well as any person convicted of a felony and those who have been convicted of certain misdemeanor crimes of violence within three years (ORC 2923.125).

The law contains language that asserts it is a "law of general application" and thus supersedes any local ordinances that are more restrictive than state law. However, as of July 2006, at least two court cases brought by municipalities are challenging this language as being in violation of Ohio's Constitution. Both of which have been denied by appeals courts as having no "merit" and being in direct violation of Section 3, Article XVIII of the Ohio Constitution often called the “home rule” amendment, states that municipalities “shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” No matter what any local judge says, the law is clear according to the Ohio Supreme Court. It is a general law if it complies with the following:

1. What is a General Law? To constitute a general law for purposes of the Home Rule Amendment, a statute must (1) be part of a statewide and comprehensive legislative enactment (2) apply to all parts of the state alike and operate uniformly throughout the state (3) set forth police, sanitary, or similar regulations, rather than merely grant or limit legislative power of a municipal corporation to set forth police, sanitary, or similar regulations (4) prescribe a rule of conduct upon citizens generally. City of Canton v. State (2002), 95 Ohio St. 3d 149, 766 N.E.2d 96

The new CCW rules fall under ALL of these requirements

a. They are part of a statewide law that anyone can understand b. they apply to ALL parts of the state and create a uniform law that ALL must follow c. they set forth new rules that ALL peace officers MUST follow d. they set a code of conduct upon all citizens that have the CCW. And require that code be followed.

Ohio's concealed handgun law allows for reciprocity with other states with "substantially comparable" statutes, and to date Ohio has reciprocity with 21 other states. States that honor this state's Permit/License are listed below with 26 more in discussions about reciprocity:

• Alaska
  Updated: 2007-12-20
  http://www.dps.alaska.gov/Statewide/PermitsLicensing/reciprocity.aspx
• Arizona
  Updated: 2006-12-24
  http://www.azdps.gov/ccw/reciprocity/default.asp
        Non-resident permit/license okay
• Delaware
  Updated: 2005-06-02
  http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml
• Florida
  Updated: 2005-06-01
  http://licgweb.doacs.state.fl.us/news/concealed_carry
        Resident permit/license only
• Idaho
  Updated: 2005-06-01
  http://www.isp.state.id.us/patrol/faqs
• Indiana
  Updated: 2004-01-09
  http://www.in.gov/isp/faq/index
• Kentucky
  Updated: 2004-01-09
  http://www.kentuckystatepolice.org/conceal.htm
• Michigan
  Updated: 2005-06-01