U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

Survey of State Procedures
Related to Firearm Sales, 
Midyear 2000       

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

May 2001, NCJ 186766 

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This file is text only without graphics and many of the 
tables.  The full report including tables and graphics 
in .pdf format are available from:
http://www.ojp.usdoj.gov/bjs/abstract/ssprfs00.htm.

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
----------------------------------------------------------

Lawrence A. Greenfeld
Acting Director

Report of work performed under BJS 
Cooperative Agreement No. 95-RU-RX-K021 
awarded to the Regional Justice Information
Service (REJIS), 4255 West Pine Boulevard, 
St. Louis, MO 63108. Contents of this 
document do not  necessarily reflect the 
views or policies of the Bureau of Justice
Statistics or the U.S. Department of 
Justice.

The U.S. Department of Justice authorizes 
any person to reproduce, publish, translate, 
or other-wise use all or any part of this 
material in this publication with the 
exception of those items indicating they 
are copyrighted or printed by any source 
other than REJIS.

More information on this subject
may be obtained from:

Gene Lauver, FIST Manager
Regional Justice Information Service
4255 West Pine Boulevard
St. Louis, MO 63108
Phone: (314) 535-1455, ext. 260
Fax: (314) 535-1729

Devon B. Adams, BJS State
Program Manager, and Ronald J.
Frandsen, REJIS, wrote this report
under the supervision of Carol G.
Kaplan, BJS.  Ellen Goldberg
produced and edited the report. 
Jayne Robinson administered final
production.

An electronic version of this
report may be found on the
Internet at:

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

Contents

Introduction
                    
History of the survey 
and related Bulletins

Survey methodology
                  
Background         
                    

Federal prohibitions

Brady interim system 

National Instant Criminal
Background Check System

State involvement in firearm
transfer regulation     

Sources of additional 
information              
    
Firearm sales topics

Prohibited persons             

Types of firearms        

Regulated sales    
     
Permits                   

Background checks
                                    
Waiting periods          

Retention of records/ 
registration             
                    
Appeals of denials             

Firearm rejection rates 
    
Jurisdictional summaries

Information in summaries       

Federal system           

States   

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.              
                
Appendixes

Table 1. Applications for firearm            
transfers and permits 
processed by States            

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

Table 3. Minors: Restrictions  
based on age or 
juvenile offender status                          

Table 4. National Instant Criminal
Background Check 
System (NICS): Checking
agencies (FBI or State point
of contact) for firearm 
transfers                      

Table 5. Background check and 
permit procedures             
                                

Table 6. Fees, record retention, 
and appeals                    

Table 7. Databases accessed 
for firearm checks             

Table 8. Firearm laws             

Table 9.  Laws regarding
prohibited persons, restoration
of rights, regulated sales, 
and permits

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

Table 11. Revisions of sales 
regulations and other 
significant changes in State 
firearm laws

Table 12.  Agencies conducting
firearm background checks

State contacts for the 
FIST Project

Introduction

Survey of State Procedures Related to 
Firearm Sales, Midyear 2000, is the fifth 
in a series of Bureau of Justice Statistics 
(BJS) reports.  This report describes laws, 
regulations, procedures, and information 
systems related to sales and other transfers 
of firearms that were in effect as of June 
30, 2000.  Procedures summarized in the 
survey are required by the laws and 
regulations of the United States, the 50 
States, and other jurisdictions.

History of the survey and related bulletins.  
This national survey is produced by the BJS 
Firearm Inquiry Statistics (FIST) project, 
a component of the National Criminal History
Improvement Program (NCHIP).  The FIST 
project was established in 1995 to collect 
data that describes the scope and impact of 
firearm background checks required under
Federal or State law.

The first three editions of the survey
primarily described procedures related to 
background checks on handgun purchasers, 
especially those required by the interim 
provisions of the Brady Act.  The fourth 
edition described procedures required by the
permanent provisions of the Brady Act or 
State law for transfers of handguns and 
other types of firearms. This edition 
incorporates recent changes in Federal and 
State procedures, and provides expanded
coverage on topics related to firearm
sales.

Data collected and analyzed by the FIST 
project are also reported in BJS Bulletins.  
Five bulletins reported counts of firearm 
transfer applications and denials for the 
Brady interim period.  (A cumulative summary 
is presented in Presale Handgun Checks, the 
Brady Interim Period, 1994-1998, June 1999, 
NCJ 175034.) The most recent bulletin 
summarized counts of firearm transfer 
applications and denials for the first full 
year of the permanent Brady Act provisions 
(see Background Checks for Firearm Transfers, 
1999, June 2000, NCJ 180882).

(All prior surveys and bulletins can be 
viewed or ordered through the BJS web site 
listed at the end of the Background 
section.)

The regular release of updated information 
in BJS surveys and bulletins is intended to 
highlight changes in the number of firearm
transfer applications and denials, and in 
the overall denial rate or specific reasons 
for denial.  The changes reported may be 
influenced by a variety of factors, including 
revisions in Federal and State laws, policies, 
or organization, and the availability of 
different categories of records.  BJS 
anticipates that the procedural information 
presented in this report will be used with 
the statistical information about back-
ground checks to provide a more thorough 
understanding of the scope and impact of 
firearm transfer regulations.

Survey methodology.  Information for this 
report was collected from hundreds of 
Federal, State, and local agencies, including 
law enforcement organizations, statistical 
analysis centers, and legislative research
bureaus.  Descriptions of procedures and 
statistical data were voluntarily provided.  
Data analysis and supplementary legal 
research were provided by the Regional 
Justice Information Service (REJIS), the
organization conducting the study under 
an award from BJS. 

To ensure the accuracy of the information 
as of June 30, 2000, a draft of each State's 
summary was sent to the agency designated 
by the State for review and comment. The 
final version of each summary, as contained 
in this report, was reviewed and approved 
by the State contact.  A complete list of 
the State contacts is included in the 
appendices. 

Consistent with privacy protection procedures, 
the information collected did not disclose 
the identity of any individual involved in a 
firearm transaction.  Additionally, the 
software provided to help agencies submit 
statistical data contains a purging mechanism 
that destroys data in accordance with 
applicable Federal or State law.

Background

Federal prohibitions.  The Gun Control Act 
(GCA), 18 U.S.C. 922(d), prohibits the 
transfer of any firearm to any person who --

* is under indictment for, or has been 
convicted of, a crime punishable by 
imprisonment for more than 1 year;
* is a fugitive from justice;
* is an unlawful user of or addicted to any
controlled substance;
* has been adjudicated as a mental defective
or committed to a mental institution;
* is an alien unlawfully in the United 
States or admitted under a nonimmigrant 
visa;
* was discharged from the armed forces under
dishonorable conditions;
* has renounced United States citizenship;
* is subject to a court order restraining 
him or her from harassing, stalking, or 
threatening an intimate partner or child; 
or 
* has been convicted in any court of a 
misdemeanor crime of domestic violence.

In addition, it is unlawful for a federally 
licensed dealer to transfer a long gun to a 
person less than 18 years of age or a
handgun to a person less than 21 years of 
age.  It is unlawful for any person to 
transfer a handgun to a juvenile (under 18) 
except in limited circumstances (18 U.S.C. 
922(b), (x)).

In 1993, the Brady Handgun Violence Pre-
vention Act (Brady Act) amended the Gun 
Control Act to provide a method for blocking 
transfers to prohibited persons.  The Brady
Act included interim and permanent 
provisions.

Brady interim system. From February 28, 1994, 
until November 30, 1998, the interim 
provisions of the Brady Act, 18 U.S.C. 922(s),
prohibited sale of a handgun by a Federal 
Firearms Licensee (FFL) for up to 5 days or 
until the licensee had been advised that, 
based on a background check, a prospective 
purchaser was not prohibited under Federal 
or State law. Checks were conducted by the 
Chief Law Enforcement Officer (CLEO) of the 
jurisdiction where the licensee operated.

The interim provisions allowed States with 
prohibitory statutes comparable to Federal 
law to follow a variety of alternative 
procedures. State laws that qualified under
these alternatives required that before any 
licensee completed the transfer of a handgun 
to a non-licensee, a government official
verified that possession of a handgun by the 
transferee would not be a violation of law.
These "Brady-Alternative States" generally 
employed either an "instant check" or a 
"permit or other approval-type" system, as 
designated by the Bureau of Alcohol, Tobacco, 
and Firearms (ATF).

National Instant Criminal Background Check 
System.  The permanent provisions of the 
Brady Act, 18 U.S.C. 922(t), required 
establishment of the National Instant Criminal 
Background Check System (NICS) by November 
30, 1998. The U.S. Department of Justice, 
with the States, developed the system during 
the 57-month interim period.

The NICS allows a licensee to contact the 
system by telephone or other electronic 
means for information, to be supplied 
immediately, on whether receipt of a firearm 
by a prospective transferee would violate 
Federal or State law.  In addition to 
regulation of handgun sales, the permanent 
provisions mandate that licensees request 
background checks on long gun purchasers 
and persons who redeem a pawned firearm. 
Licensees have the option of requesting a 
NICS check on persons who attempt to pawn 
a firearm.

Prospective transferees undergo a NICS check 
requested by a dealer or present a State 
permit that ATF has qualified as an 
alternative to the point-of-transfer check.
Qualifying permits are those which:

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

2) were issued not more than 5 years earlier 
by the State in which the transfer is to take 
place, after verification by an authorized 
government official that possession of a 
firearm by the transferee would not be a 
violation of law.

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

Prior to transferring a firearm subject to 
the permanent Brady requirements, a licensee
must receive a completed Firearm Transaction  
Record (ATF Form 4473) and verify the 
transferee's identity through a government-
issued photo identification. The transferee 
may also be required to complete a State 
disclosure form. Submitting false information 
in regard to a firearm transaction may subject 
a transferee to prosecution under federal 
law and many State statutes.

A licensee initiates a NICS check by contacting 
either the FBI or a point of contact (POC) 
agency designated by State government.  The 
FBI or the POC checks available Federal and 
State data-bases to determine whether a 
disqualifying record on the transferee exists.  
A background check may include contacting 
an agency that maintains a record that the 
FBI or POC cannot access directly (also see 
Background checks).

After a search of available records, the
checking agency responds with a notice
to the licensee that the transfer may 
proceed, may not proceed, or is delayed 
pending further review of the applicant's 
record.  If further review of a record 
indicates the transfer would not violate 
Federal or State law, the checking agency 
notifies the licensee that the transfer 
may proceed. If the licensee does not
receive a response within 3 business days,
the transfer may proceed.

All NICS checks by the FBI are without 
charge; POC fees are determined by State 
law.

Under FBI regulations, persons prohibited 
from purchasing a firearm may request the 
reason for denial from the denying agency 
(FBI or POC), which has 5 business days to 
respond. The applicant may then submit 
information to correct the record on which 
the denial was based and may be required to 
contact the agency where the record originated.  
As an alternative, the applicant's challenge 
to the record can be directed to the FBI,
which will contact the denying agency or 
the source of the record. Persons denied 
by a POC may also have appeal rights under
State law.  In addition to background 
checks on dealer transfers and firearm 
permit applicants, the NICS Index may be
accessed for information in connection 
with the issuance of an explosives-related
permit or license, or in response to ATF
inquiries regarding enforcement of Federal
firearms laws.  ATF has developed a 
screening system that uses information from 
the NICS to identify potential and active
violent offenders who attempt to purchase
firearms.  As of September 1999, NICS
referrals had resulted in more than 1,000 
ATF criminal investigations, with 200 cases 
referred for prosecution.  (See Implementation 
of the Brady Law, ATF Report, September 1999; 
for information on prosecutions, see Federal 
Firearm Offenders, 1992-98, June 2000, NCJ 
180795.)

State involvement in firearm transfer 
regulation.  Each State determines the extent 
of its participation in the NICS process.  
Three basic forms of State involvement 
currently exist:

1) a POC requests a NICS check on all firearm 
transfers originating in the State;

2) a POC requests a NICS check on all
handgun transfers; licensees in the State
are required to contact the FBI for 
approval of long gun transfers; or

3) the State does not maintain a point of
contact; licensees are required to contact 
the FBI for NICS checks on all firearm 
transfers originating in the State.

As of June 30, 2000, handgun transfer checks 
are conducted by the FBI for 24 States
and by POC agencies for 26 States; long gun
transfer checks are conducted by the FBI
for 35 States and by POC agencies for 15
States.  The overall number of State Points 
of Contact has remained steady, although 
two have changed their status since June 
30, 1999. Colorado resumed POC functions on
August 1, 1999.  South Carolina decided to
turn over all its NICS responsibility to 
the FBI on October 1, 1999.  Four States 
(Colorado, Connecticut, Illinois, and New 
Hampshire) that had been serving as a POC, 
but had no law to do so, enacted legislation 
to establish a designated agency as a per-
manent POC. On December 8, 2000, Oregon 
added long gun checks to the duties per-
formed by its POC agency.

Where a State has established a POC, the
POC agencies also conduct checks on persons 
who apply for State permits required for 
receipt of a firearm. In a few States, the 
FBI conducts the NICS check on certain pawn
transactions instead of the POC.  Most 
States have designated a single agency as 
their NICS point of contact. Some States 
have multiple points of contact, which are
usually county sheriffs or municipal police
departments.

The NICS process does not automatically
supplant State firearm transfer regulations. 
State background check and permit statutes 
that existed before the effective date of 
the NICS remain in force unless repealed 
by legislative action or allowed to expire.  
The background check requirements of the
Brady Act are the prevailing minimum
nationwide.  Some States have enacted
additional requirements.

Most background checks required by State 
laws are conducted by agencies that also 
serve as NICS points of contact. However, 
purchasers in six States are required to 
undergo two checks conducted by different
agencies.  If agencies that conduct checks
under State law are unable to access the
NICS, licensees in that State are required 
to contact the FBI for approval of transfers.  
Thus, prospective transferees in some States 
are required to undergo a permit or point-of
-transfer check by a State agency and a NICS 
check by the FBI.

Sources of additional information.  
Regulations applicable to the operation of 
the NICS have been promulgated by the FBI
(28 Code of Federal Regulations (CFR) 25)
and ATF (25 CFR 178). Further information 
on Federal law and BJS-related publications 
is available from 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/

Firearm sale topics

Prohibited persons
 
The Federal Gun Control Act's categories of 
prohibited persons (see Background) are the
prevailing minimum nationwide.  State statutes 
may include additional or more restrictive 
prohibitions. Most State prohibitory laws are 
intended to prevent firearm possession or
purchase by persons believed to be incapable 
of handling a weapon in a safe and legal 
manner.  Some laws place restrictions on 
the timing or quantity of firearm purchases 
by any person and are intended to prevent
secondary transfers to prohibited persons. 
The number of States that have enacted
prohibitions in each category is listed in
parentheses.  

Felons (49 States) -- Generally, a felony is 
a crime punishable by incarceration for more 
than one year. Although statutory definitions 
vary widely, legislation in 49 States prohibits 
firearm purchase or possession by at least 
some categories of felons.  Prohibitions may
include persons arrested or indicted for, 
or convicted of, a felony. Some States 
disqualify all felons from firearm possession. 
Other States disqualify persons who committed
specific felonies, which may be enumerated 
in a statute or categorized by terms such as 
"crimes of violence," "serious offenses," or
"firearm offenses."  Many States extend the 
prohibition to persons convicted of a felony 
or a similar offense in other jurisdictions.  
Only Vermont lacks a statute that bars
firearm possession by felons.

A criminal offender's ineligibility to 
possess a firearm may be temporary. Nearly 
all States allow at least some offenders to 
regain possession rights by executive pardon, 
court order, administrative proceeding, or 
the passage of a certain number of years
after conviction or discharge from a sentence 
without further violations. Many States 
require several steps before rights are 
restored.  For example, persons who obtain a
pardon or maintain a clean record for a n
umber of years may be required to petition 
a court for an order restoring rights.  In 
some States, certain offenders cannot regain 
the right to possess a firearm.  (See
Jurisdictional summaries.)  

Misdemeanor offenders (18  States) -- 
Generally, a misdemeanor is a crime punishable 
by incarceration for less than 1 year.  The 
types of misdemeanor-level offenses included
in prohibitory statutes vary widely. Several 
State statutes prohibit firearm possession by 
persons who have been convicted of a domestic
violence misdemeanor.  Other States include 
misdemeanors within categories such as 
"crimes of violence" or "firearm offenses." 
Requirements for misdemeanor offenders to 
regain firearm rights are generally less 
stringent than for felons.  

Fugitives (12 States) -- This category
normally includes persons with outstanding 
felony warrants and may include all wanted 
persons.  (The Gun Control Act, at 18 U.S.C. 
921 (a)(15) defines "fugitives from justice" 
as any person who has fled from any State to
avoid prosecution for a crime or to avoid 
giving testimony in a criminal proceeding.)  

Mentally ill (32 States) -- Persons
prohibited under this category are most often 
defined as adjudicated mentally defective or 
committed to a mental institution.  In some 
States the prohibition extends to persons 
found not guilty of a criminal offense by
reason of insanity.  A person subject to 
this prohibition may be able to regain 
firearm rights a number of years after dis-
charge from a mental institution, or by 
presenting documentation from a mental health
professional that shows their condition has 
stabilized.
  
Subject to a restraining order (18 States) 
-- Persons prohibited under this category 
are usually subject to court orders intended 
to prevent domestic violence.  The applicable
orders (with a variety of titles) commonly 
restrain the subject from contacting or 
harming a spouse, former spouse, child, 
domestic partner, or other intimately related
person.  In a few States, the prohibition 
attaches if the order specifically bars the 
subject from possessing firearms.  A statute 
may provide that the order becomes
prohibitory when it is issued after a hearing 
with the subject present (instead of ex 
parte) or entered into a law enforcement 
information network. 

Drug (29 States) or alcohol (19 States) 
abusers and offenders   Many States prohibit 
persons convicted of drug sale or possession
offenses, either through a statute that lists 
a variety of disqualifying offenses or by way 
of a separate statute.  A few statutes dis-
qualify persons who committed alcohol-
related offenses such as driving while 
intoxicated. Generally, drug and alcohol of-
fenders may regain firearm rights in the same
manner as other prohibited offenders. Another 
common prohibition involves persons addicted 
to drugs or alcohol, who are described by 
terms such as "addicted to a controlled 
substance," "habitually intoxicated," or 
"chronic alcoholics."  In several States, a
firearm cannot be transferred to or possessed 
by a person who is intoxicated.  

Juvenile offenders (24 States)   Statutes in 
this category prohibit persons who were 
adjudicated delinquent or committed an act as 
a juvenile that would have been a disqualifying 
offense if committed by an adult.  A 
juvenile offender's access to all firearms 
is restricted in 19 States, and access to 
handguns is restricted in 5 States. The 
prohibitions usually continue into early 
adulthood or until the person regains firearm
rights through a pardon, court order, or other 
process.  In several States, persons who 
committed juvenile offenses must follow the 
same restoration of rights procedures
available to adult offenders.  

Minors (49 States) -- The firearm rights of 
minors are often restricted solely on the 
basis of age.  State laws include prohibitions 
on purchase or possession of firearms by 
minors, and prohibitions on transfer of 
firearms to minors.  Some of these laws pre-
date enactment of federal minimums.  Age 
limitations apply to handguns in 49 States 
and to long guns in 36 States. The minimum 
age for unrestricted purchase and possession 
of a handgun by a minor is 21 in 13 States, 
19 in 1 State, 18 in 30 States, 16 in 4 
States, and 14 in 1 State.  The minimum age 
for unrestricted purchase and possession of a 
long gun by a minor is 21 in 1 State, 18 in
30 States, 16 in 4 States, and 14 in 1
State.  The laws provide for numerous 
exceptions to prohibitions based solely 
upon age.  Generally, possession of a firearm 
is permissible when a minor is engaged in
educational or recreational activities
under the supervision of a parent, guardian, 
or certified firearms instructor. Other 
restrictions.  Further categories of 
prohibited persons are also defined in State 
statutes, including illegal aliens, persons
dishonorably discharged from military
service, and persons who fail to complete a 
firearm safety course (see Jurisdictional 
summaries).  

Restrictions on the timing or quantity 
of firearm purchases include residency rules 
and handgun purchase limits.  The Gun Control 
Act generally prohibits interstate transfers
of firearms between unlicensed persons (18 
U.S.C. 922(a)(5)).  A licensed dealer 
generally cannot transfer a firearm other than 
a rifle or shotgun to a nonlicensee who does
not reside in the State where the licensee 
does business (18 U.S.C.922(b)(3)).  Several 
States prohibit licensed dealers from selling 
certain firearms to nonresidents.  Three
States (Maryland, Missouri, and Virginia) 
require fixed periods of residency, ranging 
from 1 to 6 months, before a person can
purchase certain firearms.  Residency
rules are intended to prevent nonresidents 
from purchasing and reselling firearms banned 
in their home State.
  
There are no Federal restrictions on the 
frequency or quantity of firearms purchased.  
However, a handgun purchase limit of one per 
month prevails in California, Maryland, South
Carolina, and Virginia.  These limits are 
intended to deter persons who would purchase 
large quantities of handguns for resale to 
prohibited persons.

Between July 1, 1999, and June 30, 2000, 11 
States enacted new categories of prohibited 
persons or amended existing prohibitions. 
Included in the new legislation were four 
prohibitions against domestic violence of-
fenders and three prohibitions against minors 
or juvenile offenders.

Types of firearms

A typical definition of a firearm is "any 
weapon which will or is designed to or may 
readily be converted to expel a projectile 
by the action of an explosive."  (See 
Maryland Code 27-441.)  Firearms can generally 
be divided into two major categories:
handguns and long guns. A handgun is a weapon 
that can be held or fired with one hand, 
such as a pistol or revolver.  A long gun 
is a weapon that requires two hands to hold 
or fire, such as a rifle or shotgun.  State
codes sometimes divide firearms into 
categories based upon the length of the 
barrel.  An assault weapon can be a handgun 
or long gun, but is distinguished by the 
presence of special features common to 
military weapons (see for example the 
definition given in 18 U.S.C. 921(a)(30)).  
The most common features of assault weapons 
are a semiautomatic firing mechanism which 
allows a shot to be fired with each pull of 
the trigger without reloading, and a large-
capacity magazine that holds numerous
rounds of ammunition.

The terms firearm, handgun, long gun, and 
assault weapon, as defined above, are 
generally used throughout this report to 
facilitate comparisons between the laws and 
procedures of the jurisdiction summarized. 
However, terms and definitions used in firearm 
codes vary considerably by jurisdiction.  
For the sake of clarity, a few of the 
summaries use terms and definitions specific 
to a particular jurisdiction.  Readers are 
advised to consult a jurisdiction's laws for 
a complete understanding of its terminology.  
(Citations to statutes are included in the 
jurisdictional summaries and in tables 3, 8, 
9, and 10.)

The primary focus of this report is upon 
regulation of transfers involving handguns, 
long guns, and assault weapons possessed 
lawfully before September 13, 1994 (the 
effective date of the Federal assault weapons
ban under 18 U.S.C. 922(v)). Prohibitions 
against transfer and possession of certain 
sub-categories of firearms, such as machine 
guns, short-barrel ("sawed-off") rifles and
shotguns, and low-cost handguns ("junk guns") 
are not described. Types of firearms that 
are wholly exempt from regulation in many
jurisdictions, such as antique and replica 
firearms, are generally not discussed in 
this report.

Handguns are the most frequent target of 
regulation because they can be easily concealed 
upon a person and are used in the overwhelming
majority of crimes committed with a firearm.  
During a five-year period studied, handguns 
were found to have been involved in over 80% 
of homicides and assaults where the type of 
firearm used was known (see Firearm Injury 
and Death from Crime, 1993-97, October 2000, 
NCJ 182993).  Long guns are used much less 
frequently in crime and are subject to less 
extensive regulation than handguns.  Assault 
weapons are regulated because of their ability 
to rapidly fire a high volume of ammunition.  
(Methods of regulating various types of 
firearms are described in Regulated sales,
Permits, and Background checks.)

Regulated sales

Firearms are sold either by dealers licensed 
under Federal and State laws, or by 
unlicensed persons (private sales).  Most 
sales occur at the business premises of 
licensed dealers or at gun shows, which may
include licensed and unlicensed sellers.  In 
addition to sales and gifts, firearms can be 
transferred in pawn transactions, where a 
weapon is pledged as collateral for a loan 
and can be redeemed when the loan is repaid.  
Redemptions of pawned firearms are often 
regulated in the same manner as sales under 
State law.

Federal law requires a check through the 
National Instant Criminal Background Check 
System (NICS) of all persons who receive a 
firearm from a Federal Firearms Licensee
(FFL), either by purchase or by redemption of 
a pawned firearm. Licensees have the option 
of requesting checks on persons who attempt 
to pawn a firearm.  (See Background for further 
details on the NICS.)

In addition to Federal requirements, back-
ground checks of persons seeking either to 
receive firearms from licensed dealers or 
obtain permits required for transfer are
conducted in 31 States.  Of these States, 19 
regulate dealer transfers of all types of 
firearms, 2 regulate dealer transfers of 
handguns and assault weapons, and 10 regulate 
only handgun transfers by dealers.  

The laws of 15 States regulate private sales 
by requiring that purchasers obtain a permit 
or undergo a background check at the premises 
of a licensed dealer or a law enforcement 
agency.  Of these States, 11 require that the 
person receiving the firearm have a permit
and 5 require the receiver to undergo a check 
(Connecticut is counted twice because it 
mandates both procedures for handguns). Eight 
States regulate private transfers of all types 
of firearms, one regulates private transfers 
of handguns and assault weapons, and six 
regulate only handgun transfers.  Generally, 
these regulations apply to transfers initiated 
at any location, whether it be a person's home, 
a gun show, or anywhere else.

Five States have statutes that specifically 
cover gun shows, including three that have 
been enacted since June 30, 1999. California 
requires a show organizer to obtain a certificate 
of eligibility from the Department of Justice 
and provide local law enforcement with a list 
of all the show's sellers.  The law was 
amended in 1999 to exclude minors from gun 
shows unless they are accompanied at all times 
by a parent or guardian.  A new Connecticut 
statute mandates instant checks on all gun 
show sales and requires a promoter to provide
information to the local chief of police. 
Maryland requires that unlicensed gun show 
sellers obtain a temporary transfer permit 
from the State, have a fixed display, and 
comply with all restrictions imposed upon 
transfers by licensed dealers.  A statute
recently enacted in New York requires that 
gun shows have at least one licensed dealer 
present to process background checks on all
sales. A new Virginia statute requires that 
any person who sells firearms at a gun show 
must submit to a background check and obtain 
a seller identification number from the 
Virginia State Police.  (Recent legislation 
is also summarized in table 11.)

Several States regulate redemptions of pawned 
firearms in the same manner as sales.  The 
pawning of any firearm is prohibited in New
Jersey, while five other States ban the pawning 
of handguns.

Statutes requiring background checks for firearm 
transfers usually allow exemptions for certain 
types of persons or transactions.  Common
exemptions are those for purchases by law 
enforcement officers, transfers of antique 
and replica firearms, and gifts or loans of 
firearms from parents or guardians to minor 
children.

Permits
 
Permits are documents issued by a government 
agency after a background check, which are
required for the purchase, possession, or 
carrying of firearms.  (The discussion below 
refers to all such documents, by whatever title, 
as "permits," and is primarily concerned with 
permits that can be used during the purchase 
of a firearm.)

Twelve States administer purchase permit 
systems, which vary according to the types 
of weapons regulated, the duration of permits, 
and the number of firearms that can be
purchased at one time or during the tenure of 
a permit.  Four States require a permit to 
purchase handguns and long guns.  Seven
States only require a permit to purchase a 
handgun (Connecticut's handgun permits allow 
waiver of the long gun waiting period). In
Minnesota, purchasers of handguns and assault 
weapons have the option of undergoing a back-
ground check to obtain a 1-year permit or 
submitting to a check each time they attempt 
a purchase.

Most handgun permits have a duration of 
between 10 days and 1 year, with a few 
remaining in effect for a longer duration.  
Long gun permits generally remain effective 
for a longer period than handgun permits.  
New Jersey's identification card for long
guns remains in effect until revoked for a 
violation of law; among the other three 
States with long gun permits, the duration 
of permits ranges from 1 to 5 years.

The number of handguns that can be purchased 
by one person is sometimes limited by a 
State permit. In seven States, only one 
handgun can be purchased with a permit. Six
of these States mandate a new permit for a 
second handgun, with New York requiring an 
amendment to the purchaser's handgun license.  
Five States allow unlimited handgun purchases 
during the effective period of a permit.  
Unlimited purchases of rifles and shotguns 
are allowed in the four States that issue 
long gun permits.

In six States, holders of purchase permits 
must undergo another background check before 
receiving a firearm from a licensed dealer. 
Connecticut and Illinois mandate the
additional check by statute; in Massachusetts, 
Minnesota, Missouri, and New Jersey, purchasers 
must undergo a NICS check requested by
a dealer because their purchase permits are 
not qualified by ATF as an alternative to 
the NICS requirements (see Background).

Federal law does not mandate a permit to 
purchase firearms. However, ATF-qualified 
State permits for purchase, carrying, or other
activities can be used to exempt the holder 
from the NICS check.  At least some permit 
holders in 35 States are exempt from Federal 
or State checks (or both) when purchasing 
firearms.  As of June 30, 2000, 19 States 
issued carry permits that exempted the holder 
under the permanent Brady law that took 
effect on November 30, 1998.  In 18 States,
certain permits issued before November 30, 
1998, have been "grandfathered" in as exempt
because they were qualified by ATF under 
the interim Brady law.  In addition, a few 
States exempt certain permit holders from 
waiting period requirements.

Concealed firearm permits usually regulate 
the carrying of a handgun outside of the 
holder's residence or business premises.  
Restrictions on permit holders vary 
considerably in regard to open carry and the 
premises where carrying is forbidden. States 
that issue carry permits are generally 
categorized as having either a "shall issue" 
or a "discretionary" system.  The former 
system mandates issuance of a permit if no
statutory reason for denial is revealed
during a background check of the applicant.  
The latter system allows a law enforcement 
officer to consider the applicant's history, 
character, and intended purpose for carrying 
a firearm.

Carry permits are required in 42 States; Vermont 
allows carrying without a permit, and seven 
States prohibit concealed firearms.  With the
exception of New Mexico, all of the States that 
prohibit concealed firearms are in the 
Midwest.  

Background checks

Over 3,000 State and local agencies conduct 
background checks related to firearm transfers.  
Procedures for determining the eligibility of 
persons who apply for a transfer or a permit
required for transfer can generally be
classified as "instant approval," "purchase 
permit," or "other approval" systems.  Carry 
permits, which can be used for a transfer in 
many States, have approval procedures similar 
to those required for purchase permits and 
may have more stringent requirements.

Instant approval (instant check) systems 
allow licensed dealers to contact a checking 
agency by telephone or other electronic means
and receive a response immediately, or as soon 
as possible without delay, as to whether a 
prospective purchaser is ineligible under law.

Purchase permit systems require prospective 
purchasers to file an application with the 
appropriate checking agency.  An approved
applicant must present the permit to a seller 
to receive a firearm.  (See Permits.)

Other approval systems combine some of the 
characteristics found in instant check and 
permit systems. Generally, sellers convey 
purchaser information to a law enforcement
agency by mail, telephone, or other electronic 
means.  The agency is not required to respond 
immediately, but usually must complete checks 
within a waiting period or statutory time 
limit.

Instant approval systems include the FBI's 
NICS operation (see Background) and the 
procedures of 18 States; 12 States utilize 
purchase permits, and 4 States maintain other
approval systems.  (Connecticut, Illinois, 
and New Jersey are each counted twice because 
these States operate permit and instant 
approval systems.)

The instant approval systems allow a firearm 
transfer to proceed as soon as the checking 
agency informs the seller that no disqualifying 
record was found on the purchaser, unless the
applicable State law requires a waiting 
period.  Three of the four other approval
-type systems require a mandatory waiting 
period after a firearm purchase application 
is filed with a seller and before the transfer
can be completed (see Waiting periods), 
regardless of when the checking agency 
completes the background check.

Almost all systems limit the time allowed for 
an agency to conduct a check, either by State 
statute or application of the 3-day limit in 
the Brady Act.  Time limits for instant
approval systems are usually 3 days or less; 
other approval-type systems allow 7 to 10 days, 
and most permit systems allow 7 to 30 days. 
Some statutes allow an extension of time for 
specific circumstances.  For example, if an 
applicant's history includes a felony arrest 
without a recorded disposition, the checking
agency may be granted additional time to 
contact the agency that originated the record 
and inquire about the outcome of charges 
against the applicant.

Instant approval and other approval systems 
usually allow a transfer to proceed if the 
seller has not received a response from the 
checking agency by the end of the applicable 
period. Permit systems usually require the
checking agency to reach a decision and inform 
the applicant of the decision before the end 
of the statutory time limit.

The effectiveness of background checks are 
impacted by the type of record search 
conducted (automated or manual) and by the 
data available during each type of search.  
The vast majority of record searches are 
automated, but some types of data, such as 
local mental health records, tend to be 
maintained manually. (For information on 
automation of criminal history records see 
Survey of State Criminal History Information 
Systems, 1999, June 2000, NCJ 184793.)  The
exhaustiveness of a background check may 
also be limited by missing arrest dis-
positions and other instances of incomplete 
or missing records.

Between July 1, 1999 and June 30, 2000, nine 
States enacted new legislation related to 
firearm background checks.  The only new
approval system implemented was in Connecticut, 
where a telephone instant check replaced the 
former mail-based system.  The expiration date 
of Florida's instant check law was first 
extended to June 1, 2000, and subsequently to 
June 1, 2002. The Utah instant check law was
amended to authorize dealer requests and 
checking agency responses by electronic means 
other than telephone.

Waiting periods

A waiting period is a length of time after a 
firearm purchase application is filed with a 
seller or a permit application is filed with 
a law enforcement agency, which must expire 
before transfer of the firearm or issuance 
of the permit can be completed.  The length 
of time an applicant must wait is sometimes
referred to as a "cooling-off" period,
intended to deter persons who desire a 
firearm immediately for use in a specific 
misdeed.  Another purpose of a waiting 
period is to provide sufficient time for 
law enforcement agencies to investigate 
and resolve questions about an applicant's 
background, especially if searches of local 
or manual records are necessary. However, 
mandatory waiting periods should be 
distinguished from time limits on inquiries 
by a checking agency into an applicant's
background (see Background checks).

Thirteen States require waiting periods, 
which range in length from 1 to 14 days.  
Of these States, 12 require a waiting period 
for handgun permits or purchases,  2 include
assault weapons, and 5 include long guns 
within their waiting period regulations.  
Between July 1, 1999, and June 30, 2000, 
only Connecticut changed its requirements, 
eliminating the waiting period for handgun
transfers when a new instant check law went 
into effect.

Waiting periods are used in every region 
of the Nation and are most often found in 
States with extensive firearm regulations.  
Exemptions from waiting periods have been 
enacted in some States for law enforcement
officers, holders of valid carry permits,
or other specific classes of persons who 
have demonstrated the ability to handle a 
firearm responsibly.

Several States mandate both a waiting period 
and a time limit on inquiries by a checking 
agency, which may or may not be the same 
length of time.  The Federal instant check 
law (NICS) provides 3 days for a checking
agency to respond to an inquiry from a 
licensed dealer, but does not mandate a 
waiting period for purchasers (see 
Background).

Retention of 
records/registration

Consistent with State law records of firearm 
transactions are retained by checking agencies 
for various reasons (e.g., to facilitate 
audits of system performance or correction 
of errors).  In some States, retention
periods vary by type of data.  For example, 
a name, approval number, and date for an 
approved transaction may be retained for a 
longer period than other data about the 
applicant.

In States that require a license or 
identification card to possess a firearm, 
records of approved applications are 
retained in order for law enforcement 
officers to verify whether a particular 
person is legally in possession of a firearm.  
Records of denied transactions are retained 
to facilitate appeals, arrests, and
prosecutions, and to build databases on 
prohibited persons.  Registration records, 
which normally include information on a 
firearm and its owner, facilitate tracing 
of firearms that are resold illegally, used 
in a crime, or stolen.

Some checking agencies receive and retain 
paper records on permit or purchase 
applications.  Nevertheless, most information 
on purchasers is transmitted over the 
telephone by a licensed dealer and stored
electronically.  Requirements for
maintaining or purging transaction data vary 
among the States. Retention of information 
on approved firearm transactions is often 
limited by Federal and State laws. In contrast,
retention of information on denied transactions 
is seldom limited, due to its usefulness for 
other purposes.

Thirty-three States require a permit, point-
of-sale background check, or waiting period 
before a firearm transfer can be completed.  
Checking agencies in nearly half these States
retain records of approved transactions for 
less than 90 days, pursuant to statute or 
agency regulations.  In contrast, nearly all
agencies retain records of denied transactions 
indefinitely or for a specific length of time 
longer than 90 days.   

Registration or retention of all approved 
transaction records is mandated in eight 
States for handguns, long guns, or assault
weapons.  Other types of firearms may be 
registered as well; for example, Louisiana 
maintains registers of machine guns and
firearms with altered serial numbers.
(Statutes requiring registration or
retention of records are listed in. The
laws of several States prohibit registration 
of firearms.

Between July 1, 1999, and June 30, 2000, 
New Hampshire shortened the time period 
for retention of approved transaction records 
by the Department of Safety to 1 day, and
California amended its registration
requirements to include firearms newly 
designated as assault weapons.

Appeals of denials 

Appeal procedures for firearm denials
provide specific means by which citizens 
can challenge decisions relating to firearm 
purchase eligibility. These appeals often 
serve the practical purposes of resolving
questions of identity and updating incomplete 
criminal history records.

Specific appeal procedures are codified in 
Federal law (see Background) and in the laws 
of nearly all States which require background
checks of prospective firearm purchasers.  
The most common State procedure provides an 
appeal to the checking agency and a subsequent
appeal to a court.

Procedures for the initial appeal tend to be 
relatively informal; some agencies allow a 
denied person to initiate a review with a 
telephone request.  In some States, a
government agency or officer not affiliated 
with the checking agency performs an 
administrative review at the first or second 
appellate level.

Other agencies involved in firearm appeals 
are those that maintain criminal history, 
restraining order, mental health, or other 
records, which could disqualify an applicant.  
The appellant may be required to obtain data 
from or submit data to the agency that 
originated the disputed record.

Appeals often arise when a denied person 
claims that he or she is not the individual 
named in a disqualifying record found by the 
checking agency. To resolve the identity 
question, the appellant will ordinarily submit
fingerprints (if they are not already on file) 
which will be checked against Federal and/or 
State arrestee print records.  If the 
appellant's prints do not match any records 
on file, the denial can be reversed.  

Another common appeal issue arises when a 
denied person claims that a disqualifying 
record is incomplete. For example, if a 
background check reveals a felony charge 
without a recorded disposition, the checking
agency may issue a denial.  The applicant 
can have the denial reversed by submitting 
court records to prove that the charge was
subsequently dismissed. Alternatively, an 
appeal procedure may allow a denied person 
to request that the appellate agency contact 
the agency of record to inquire about a
missing disposition.

Existing data indicates that the vast majority 
of disputed firearm denials are resolved at 
the administrative level, and are rarely 
appealed to the courts.  The paucity of court 
appeals is not surprising because most disputes 
turn upon the accuracy of records, not upon an 
interpretation of the law.

Firearm rejection rates 

State and local checking agencies received 
an estimated 4.083 million firearm transfer 
applications during 1999; an estimated 123,000
applications were rejected, a rejection rate 
of 3.0% (FBI checks are not included in these 
figures or in the analysis below).  Included 
in these figures are applications for 
transfers, permits required for transfers, and
carry permits that could be used to exempt the 
holder from a point-of-transfer background 
check. This national estimate combined actual 
counts from statewide reporting agencies with 
an estimate for aggregated local agencies. The
rejection rates for the various types of
firearm approval systems were estimated to be 
3.6% for instant approvals, 2.4% for purchase 
permits, 2.1% for exempt carry permits, and
0.9% for other approval systems. The predominant 
reason (72.5%) for rejection of an application 
by a State or local checking agency was the
applicants indictment or conviction for
a felony offense.  (See Background Checks for 
Firearm Transfers, 1999, June 2000, NCJ 
180882.)

The number of applications received and re-
jected, and rejection rates for statewide 
agencies during 1999 are reproduced in table 
1.Sixteen instant approval systems exhibit the 
widest variation in rejection rates, ranging
from 0.4% (New Jersey) to 6.7% (Colorado).  
Statewide rejection rates for purchase permit 
applications are available only from New 
Jersey (1.7%) and Illinois (2.8%).  Rejection
rates for eight States that reported exempt 
carry permit counts range between 0.8% 
(Mississippi) and 2.7% (Indiana).  Complete 
statewide data was reported by two "other 
approval" systems for firearm transfer
applications, California (0.9%) and Maryland 
(1.8%).

Variation among States in rejection rates may 
be influenced by many interrelated factors: 
type of approval system, number of years the 
system has operated, extent of State firearm
regulation, length of time allowed for an 
agency to complete a check, extent of 
automation of criminal histories and other 
records, the decision-making process for 
records with missing arrest dispositions,
appeal procedures, types of firearm transfers 
subject to checks, and differences in crime 
rates and economic characteristics among 
local communities and States.  Additional
research is needed to determine the 
relationship between each factor and the 
rejection rates.  Although the full impact 
of these factors has not been quantified, a 
few observations are possible from the 
limited information available.

The lowest rates occur in New Jersey (0.4%), 
Connecticut (0.5%), and Illinois (0.8%), 
where an instant check at the point of 
transfer is the second step required for 
approval of prospective firearm owners. 
Before an instant sale check can be conducted, 
New Jersey requires a prospective owner to 
obtain an identification card (for long guns) 
or a handgun permit; Connecticut mandates a 
pistol permit or an eligibility certificate 
for handguns; and Illinois mandates an 
identification card for any firearm.  As 
indicated above, the rejection rate is 
considerably higher in New Jersey (1.7%) and
Illinois (2.8%) during the first step of the 
process (counts for Connecticut's first step 
are not available).

The highest rejection rates tend to occur in 
States that implemented an instant approval 
system on or after the effective date of the 
Brady Act, such as Colorado (6.7%), Tennessee
(6.6%), and Georgia (5.7%).  On the other 
hand, approval systems established before 
passage of the Brady Act tend to have lower 
rejection rates.  These systems include 
Virginia (1.5%), as well as several States
mentioned above: New Jersey, Connecticut, 
Illinois, California, and Maryland.  States 
with older approval systems also tend to 
have extensive firearm regulations.  As 
prospective firearm owners become more
knowledgeable about laws and procedures in 
the States with well-established systems, 
some persons with potentially disqualifying
records may be discouraged from applying 
for a purchase or permit in those States.

Likewise, the relatively low rejection rate 
for carry permit applicants may occur 
because some persons are discouraged from 
applying for a carry permit, which generally 
have more stringent requirements than purchase
approval systems.  It is likely that many 
carry permit applicants have already passed 
the background check necessary to obtain a 
firearm.  On the other hand, a person who 
was unable to purchase a firearm would 
have little incentive to apply for a carry 
permit.

States differ as to the types of records
maintained, the degree of automation used 
in record searching, and whether records 
are in a central database or maintained by 
county courts or other local agencies. In 
addition to searching home-state files,
checking agencies need access to records in 
other jurisdictions as well. Checking 
agencies most frequently encounter delays 
in researching the final disposition of a 
criminal charge indicated by an arrest, 
information, or indictment record.  If the 
final disposition cannot be found during 
the time allowed for a background check,
a decision must be made whether the
application will be approved, denied, or 
delayed pending further research. This 
decision is often dictated by State law.  
A State's rejection rate will tend to be 
low if an approval is mandated and high 
if a denial is mandated.  At the Federal 
level, the FBI denies approval only upon 
finding a conviction.

In most jurisdictions, an applicant has the 
right to appeal an unfavorable decision by 
the checking agency. Processing and reporting 
of appeals may influence rejection rates;
however, only limited data are available on 
the number of appeals filed and very little 
data are available on the results of appeals.

Background checks on long gun purchasers 
have been required by the permanent 
provisions of the Brady Act since November 30, 
1998, and by the laws of several States prior 
to that date.  Since most checking agencies
do not separate rejections by the type of 
firearm, the effect of long gun checks on 
rejection rates is unknown. 
     
Jurisdictional summaries

Information included in the
Federal and State summaries

References on this page to "State" generally 
include all jurisdictions summarized (the 
United States and each State, Territory, 
Commonwealth, and District).  Topics listed 
are not alphabetized; they follow the order 
of presentation used in the summaries.  Laws 
that apply nationwide are included in the 
Federal summary and generally not repeated
elsewhere.  State participation in the NICS 
is described in sub-headings for the 
summaries.

Prohibited persons.  Categories of persons 
prohibited permanently or temporarily from 
purchasing or possessing firearms.  Includes
residency rules, handgun limits, and other 
restrictions on purchase. Restoration of 
rights.  Pardons, court procedures, or other 
means by which adult or juvenile offenders 
can regain the right to possess or purchase 
firearms.

Regulated sales.  Transfers of firearms that 
cannot be completed until the transferee has 
obtained a permit or undergone a background
check at the point of sale.  Includes types 
of transferors (licensed or unlicensed), 
firearms (handguns, long guns, etc.), and 
transactions (sale, redemption, etc.) 
regulated.

Permits.  Documents (whether entitled 
permit, license, identification card etc.) 
issued by a law enforcement agency which 
are required for the purchase, possession, 
or carrying of firearms.

Background checks.  Procedures and 
requirements for conducting criminal history 
and other checks on firearms purchasers or 
permit applicants under Federal and State
laws, including time limits imposed on
checking agencies.  Waiting period.  A period 
of time after a firearm purchase application 
is filed with a seller or a permit application 
is filed with a law enforcement agency, which 
must expire before transfer of the firearm or
issuance of the permit can be completed.

Information from applicants. 
Required or optional information provided 
by persons applying for a purchase from a 
firearm seller or for a purchase permit from 
a law enforcement agency.

Purchaser fees.  The amounts
charged to firearms purchasers for background 
checks or the issuance of documents needed 
for purchase.

State data.  Automated and manual databases 
maintained by State agencies that are normally 
available to checking agencies during the
course of a background check on a prospective 
firearm buyer.

Check processing time.  The length of time 
needed, on average, for checking agencies to 
complete background checks on routine
transactions and those that require additional 
research on missing dispositions and other 
questions.

Retention of records.  Time limits on 
retention of data from approved and denied 
firearm transactions by checking agencies 
and other agencies, based on Federal or 
State law or agency policies.

Registration.  State procedures for
maintaining permanent records on firearms 
and firearms owners.

Appeals of denials.  Statutory or
administrative procedures for appealing a 
denial of the right to purchase a firearm 
or obtain a permit required for purchase.

Arrests of denied persons.  Arrest
and notification procedures followed by 
checking agencies in regard to persons who 
are denied a firearm or a permit because 
they submitted false information or have 
an outstanding warrant.

1999 firearm checks.  The number of
firearm applications (point-of-sale and
permit) and denials, and the denial rate 
for States that maintained statewide data, 
for the last full year available.

1999/2000 legislation.  Significant
changes in laws related to firearm sales 
that became effective between July 1, 1999, 
and June 30, 2000.

Relevant laws.  Citations to statutes
governing the transfer, possession, and 
use of firearms.

Source of information.  State
agencies that contributed to the survey.

Federal system

Prohibited persons.  Federal law prohibits 
firearm possession by or transfer to a person 
who is: under indictment for or convicted 
of a crime punishable by imprisonment for 
more than 1 year; a fugitive; an unlawful 
user of or addicted to any controlled 
substance; adjudicated as a mental defective
or committed to a mental institution; an 
illegal alien or an alien admitted under a
nonimmigrant visa; dishonorably discharged 
from the armed forces; a renounced U.S. 
citizen; restrained by court order from
harassing, stalking, or threatening an 
intimate partner or child; or convicted in 
any court of a misdemeanor crime of domestic
violence.  It is unlawful for a licensed 
dealer to transfer a long gun to a person 
under 18 or a handgun to a person under 
21; no one can transfer a handgun to a
person under 18 except in limited
circumstances.

Restoration of rights.  Federal firearm 
rights can be restored by a presidential 
pardon or by ATF; agency decisions can be 
appealed to Federal district court.

Regulated sales.  Record checks through the 
National Instant Criminal Background Check 
System (NICS) are required on persons who
purchase firearms or redeem pawned firearms 
from federally licensed dealers.  A dealer 
has the option of requesting a check when a 
firearm is pawned.

Permits.  Federal law does not require a 
permit to purchase a firearm.

Background checks.  NICS checks are conducted 
by the FBI and State point of contact (POC) 
agencies. Dealers contact the system by telephone 
or other electronic means and receive an 
immediate response as to whether a transfer may 
proceed, may not proceed or will be delayed
pending further review.  If no response is 
received within 3 business days, the transfer 
may proceed.

Waiting period.  No Federal requirements.

Information from applicants.  The standard 
ATF form used by licensed dealers requires 
the purchaser's first name, last name, date 
of birth, place of birth, current address, 
gender, height, weight, and race.  A social
security, alien registration, or military
identification number is optional.  Purchaser 
fees.  NICS checks by the FBI are without 
charge.  State laws establish POC fees.

Federal data.  The three major Federal 
databases are the Interstate Identification 
Index (III), containing pointers to State 
criminal histories; the National Crime 
Information Center (NCIC), containing 
fugitive, protection order, and deported 
felons data; and the 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, on average, within 30 seconds; 80% 
of delayed checks are completed within 2 
hours.  Overall, 72% of the checks result in 
an immediate proceed and 95% are completed 
within 2 hours.

Retention of records.  Information on 
applicants denied by the FBI is retained 
indefinitely.  Information on transfers 
allowed by the FBI is not retained, except 
for certain items that may be retained not 
more than 6 months for auditing purposes.

Registration.  No Federal requirements.

Appeals of denials.  A person who is denied 
a firearm after a NICS check can appeal to 
the denying agency (FBI or POC), and may be 
required to contact the agency that originated 
the disqualifying record.  As an alternative, 
the appellant can ask the FBI to review a POC 
denial.  A further appeal may be filed in 
Federal district court.

Arrests of denied persons.  The FBI refers 
Federal law violators to ATF.

1999 firearm checks by the FBI. 4,538,000 
applied; 81,000 denied (1.8%).

1999/2000 legislation. No significant changes.

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

Source of information. FBI, NICS Program Office.
                    

Alabama

FBI conducts NICS checks

Prohibited persons.  State law prohibits 
ownership, possession, or control of a 
handgun by a person who has been convicted 
in Alabama or elsewhere of committing or 
attempting to commit a crime of violence,
or is a drug addict or habitual drunkard.  
It is illegal to deliver a handgun to any 
person under the age of 18 or to one who 
the seller has reasonable cause to believe 
has been convicted of a crime of violence 
or is a drug addict, a habitual drunkard, 
or of unsound mind.

Restoration of rights.  State law does not 
provide for restoration of firearm rights.

Regulated sales.  Background checks on 
firearms purchasers are not required by 
Alabama law.  The pawning of a handgun is 
prohibited.

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 
of contact for the NICS.  Licensed dealers 
in Alabama contact the FBI for all checks 
required by the Brady Act.

Waiting period.  State law requires a 
48-hour waiting period, beginning when an 
application is filed, before a handgun can 
be transferred, regardless of when a back-
ground check is completed.

Information from applicants.  Alabama's form
requires a handgun purchaser's first name, 
last name, place of birth, current address, 
occupation, and race, and a statement that the 
person has never been convicted of a crime 
of violence.  The form also contains the date 
and hour of application plus the make, model, 
caliber, and manufacturer's weapon number.

Purchaser fees.  None.

State data.  Alabama makes fugitive, criminal 
history, probation/parole, and domestic violence 
restraining order data available via the 
statewide computer network.

Check processing time.  Not applicable.

Retention of records.  State law requires a 
handgun seller to forward a copy of a 
purchaser's statement by registered or 
certified mail to the chief of police of the
municipality or the sheriff of the county 
where the seller is a resident, and to send 
a duplicate copy to the director of public 
safety.  The statute does not specify a
retention period for the law enforcement 
agencies.

Registration.  No State requirements.

Appeals of denials.  A person who is denied a 
firearm by the FBI may appeal under Federal 
law.

Arrests of denied persons. Not applicable.

1999 firearm checks. No statewide information 
is available.

1999/2000 legislation. No significant changes.

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

Source of information.  Alabama Bureau of
Investigation; Alabama Criminal Justice 
Information Center.

Alaska

FBI conducts NICS checks

Prohibited persons.  Alaska law prohibits 
handgun possession by or sale to a person who 
was convicted of a felony or adjudicated a 
delinquent minor for conduct that would 
constitute a felony if committed by an adult. 
It is illegal for a firearm to be possessed 
by or sold to a person whose physical or mental 
condition is substantially impaired by 
intoxicating liquor or controlled substances.  
An unemancipated minor under 16 years of age 
cannot possess a firearm without the consent of
a parent or guardian.

Restoration of rights.  The State allows a 
convicted felon's right to own a handgun to 
be restored if the conviction is pardoned or 
set aside.  If at least 10 years have elapsed 
since the offender's unconditional discharge, 
firearm rights are restored except for those
who committed felony "crimes against persons."

Regulated sales.  State law does not require
background checks on firearms purchasers.

Permits.  Alaska does not require a permit to 
purchase firearms.  A permit is required to 
carry a concealed handgun.

Background checks. The State is not a point 
of contact for the NICS.  Licensed dealers 
in Alaska contact the FBI for all checks 
required by the Brady Act. ATF allows a 
concealed handgun permit issued by the Alaska 
Department of Public Safety to be used for a
purchase without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None.

State data.  Alaska maintains fully automated 
fugitive, criminal history, and domestic 
violence restraining order data on a statewide 
network.  Domestic violence misdemeanor con-
victions can be identified from records created 
after January 15, 1998.

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied a 
firearm may appeal under Federal law.

Arrests of denied persons. Not applicable.

1999 firearm checks. No statewide information 
is available.

1999/2000 legislation. Concealed handgun 
permit statutes were amended.

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

Source of information. Alaska Department 
of Public Safety.

Arizona

State requests NICS checks

Prohibited persons.  Arizona law makes 
it illegal to sell or transfer a firearm 
to a prohibited possessor, defined as any 
person who has been found to be mentally 
ill by a court, convicted of a felony, 
adjudicated delinquent, imprisoned, or 
serving a term of probation, parole, 
community supervision, work furlough, 
home arrest, or release on any other basis.  
It is illegal to knowingly transfer a 
firearm to a person who intends to use the 
firearm in the commission of any felony.  
A firearm cannot be transferred to or 
possessed by a minor under the age of 18 
except in limited circumstances.

Restoration of rights.  Adult felons 
convicted of "dangerous offenses" cannot 
regain the right to possess firearms.  All 
other felons discharged from probation must 
wait a certain length of time, depending
on the offense, before applying for a court 
order to restore firearm rights.  For 
adult felons, the waiting period is 10 years 
for "serious offenses" and 2 years for
other offenses.  For juvenile felons, the 
waiting period is until age 30 for dangerous 
and serious offenses, and 2 years for most 
other offenses.

Regulated sales.  State law requires 
background checks on persons who purchase 
firearms from licensed dealers.

Permits.  Arizona does not require a permit 
to purchase firearms.  Carrying a concealed 
weapon requires a permit.

Background checks.  The Arizona Department of
Public Safety is a point of contact for the 
NICS and conducts all checks required by 
Federal and State law. Dealers contact the 
Department's Firearm Clearance Center (FCC) 
by 1-800 number, regular telephone or fax.  
Transactions can be delayed up to 3 business
days.  ATF allows a concealed weapon permit 
issued by the Department of Public Safety to 
be used for a purchase without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  Purchasers 
complete the standard ATF form.  No separate 
State form is required.

Purchaser fees.  None.

State data.  Arizona maintains fully 
automated fugitive and criminal history 
(including probation/parole) data on a 
statewide network.  In addition, FCC has 
access to sex offender registration and 
department of corrections data.

Check processing time. Routine transactions 
are normally processed in less than 5 minutes.  
About half of the transactions that require 
additional research are completed in less 
than 3 days.

Retention of records.  Records are retained 
for a maximum period of 28 days on approved 
transactions and 5 years on disapproved 
transactions.

Registration.  No State requirements.

Appeals of denials.  Persons denied a firearm 
may appeal to FCC for correction of information.

Arrests of denied persons. FCC notifies 
ATF of applicants who submit false information.  
Applicants denied because of a felony warrant 
are reported to the State Police Fugitive Detail.  
Persons with non-felony warrants are informed 
that they must clear the warrants to receive 
firearms.

1999 firearm checks. Transfers: 145,832 applied;
4,228 denied (2.9%). Carry permits: 20,114 
applied; 460 denied (2.3%).

1999/2000 legislation. No significant changes.

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

Source of information.  Arizona Department 
of Public Safety.

Arkansas

FBI conducts NICS checks

Prohibited persons.  Arkansas law prohibits
possession of firearms by persons who are 
under the age of 18 (except in limited 
circumstances) or who have been convicted of 
felonies, adjudicated mentally ill, or 
committed involuntarily to any mental 
institution.  It is illegal to furnish a 
firearm to a minor without the consent of 
a parent or guardian.

Restoration of rights.  The governor can 
restore a felon's right to own a firearm upon 
a recommendation from a chief law enforcement 
officer if the underlying offense did not 
involve the use of a weapon and occurred more 
than 8 years ago.  Restoration of rights can 
also occur with a pardon.

Regulated sales.  State law does not require
background checks on firearms purchasers.

Permits.  Arkansas does not require a permit 
to purchase firearms.  A permit is required to 
carry a concealed handgun.

Background checks.  The State is not a point 
of contact for the NICS.  Licensed dealers 
in Arkansas contact the FBI for all checks 
required by the Brady Act. ATF allows a 
concealed handgun permit issued by the
Arkansas State Police to be used for a 
purchase without a NICS check, if the permit 
was issued prior to November 30, 1998, or on 
or after April 1, 1999.

Waiting period. No State requirements.

Information from applicants. No State 
requirements.

Purchaser fees.  None.

State data.  Fully automated fugitive, 
criminal history, and domestic violence 
restraining order/misdemeanor data are 
available on the statewide network.

Check processing time. Not applicable.

Retention of records. No State requirements.

Registration.  No State requirements.

Appeals of denials.  Persons denied a firearm 
by the FBI may appeal under Federal law.
Arrests of denied persons.  Not applicable.
1999 firearm checks. No statewide information 
is available.

1999/2000 legislation. No significant changes.

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

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

California

State requests NICS checks

Prohibited persons.  California prohibits 
possession of firearms by certain persons 
who were convicted of felonies or misdemeanors 
specified in State law; are addicted to any 
narcotic drug; are prohibited as a condition 
of probation; are subject to restraining 
orders; were adjudged wards of the juvenile 
court (until age 30); or are mentally ill as 
defined in State law.  A firearm cannot be 
transferred to a minor (under 21 for handguns; 
under 18 for long guns) except in limited 
circumstances.  Handgun owners must complete 
a safety course or show proof of exemption, 
and are limited to 1 purchase in a 30-day 
period.

Restoration of rights.  Firearm rights can 
be restored if the subject is granted a 
governor's pardon or if the underlying case is 
reopened and the subject is allowed to plead 
to a lesser charge.  Persons convicted 
of specified misdemeanors can have 
their rights restored by the proper court; 
those who committed disqualifying acts as 
juveniles can have their right to possess a
firearm automatically restored at age 30 
if no additional violations occur.  Persons 
committed to a mental institution can have 
their rights restored by the proper court.

Regulated sales.  Background checks are 
required for firearm sales by State-licensed 
dealers and unlicensed persons, and for 
pawn redemptions processed through dealers.  
Additional regulations apply to gun shows.

Permits.  A permit is not required to 
purchase firearms, but is required to 
possess a machine gun or an assault
weapon.  Carrying a concealed firearm 
requires a license.

Background checks.  The California Department 
of Justice (DOJ) is a NICS point of contact 
and conducts all checks required by Federal 
and State law.  Private sales are processed 
through a licensed dealer or law enforcement 
agency.  Dealers contact DOJ by telephone or 
computerized "point-of-sale device."

Waiting period.  A 10-day waiting period is 
required for all firearms, regardless of when 
a background check is completed.

Information from applicants.  The Dealer's 
Record of Sale (DROS) form requires a buyer's 
name, alias, gender, home address, local 
address if traveling, California driver's 
license, California ID card or military ID 
card number (with duty orders showing a 
station in the State), Basic Firearms Safety 
Certificate or exemption number, height, 
weight, descent, hair color, eye color, 
responses to questions concerning potential 
prohibited status, and date of application.

Purchaser fees.  DOJ charges $14 for a 
check on a single handgun or an unlimited 
number of long guns and $10 for additional 
handguns purchased at the same time (by 
those who are exempt from the one per 30-day
rule). 

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

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

Retention of records.  Data on approved long 
gun transactions can be retained for 5 days; 
data on prohibited long gun transfers are 
retained indefinitely. Other transaction data 
are retained indefinitely on microfiche if 
entered prior to April 1, 1997, or in an
automated file if entered after that date.

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

Appeals of denials.  A person who is denied 
a firearm can appeal to California DOJ.

Arrests of denied persons.  In cases 
involving falsified applications or outstanding 
warrants, DOJ informs the agency with 
jurisdiction over the individual. Persons 
with warrants cannot receive a firearm if a
conviction would disqualify them.

1999 firearm checks.  Transfers: 513,418 
applied; 4,779 denied (0.9%).

1999/2000 legislation.  A one handgun per 
month law was added.  Gun show and assault 
weapon regulations were amended.

Relevant laws.  California Penal Code 12000 
et seq.

Source of information. California Department 
of Justice.

Colorado

State requests NICS checks

Prohibited persons.  Colorado law forbids 
transfer of a firearm to any person who is 
prohibited by Federal or State law; 
arrested for or charged with a crime for
which the person, if convicted, would be 
prohibited by Federal or State law; or the 
subject of an indictment, information, or 
felony complaint alleging a crime punishable 
by imprisonment exceeding 1 year.  A firearm 
cannot be possessed by a person who is a 
previous felony offender or was adjudicated 
for an act that would be a felony if 
committed by an adult.  A handgun cannot be 
possessed by or transferred to a person who 
has not attained the age of 18 years, except 
in limited circumstances.

Restoration of rights.  Felons and juvenile 
offenders can regain firearm rights if they 
receive a pardon from the president or the 
governor.

Regulated sales.  State law requires back-
round checks on persons who purchase firearms 
from licensed dealers.

Permits.  Colorado does not require a permit 
to purchase firearms.  A permit is required 
to carry a concealed handgun.

Background checks.  The Colorado Bureau of
Investigation (CBI) is a point of contact for 
the NICS and conducts all checks required by 
Federal and State law.  Licensed dealers in 
Colorado request instant checks by using a 
1-800 number.  State law mandates denial of a 
person arrested or indicted for a potentially
disqualifying offense if no final disposition 
of the case is noted in databases searched.

Waiting period.  No State requirements.

Information from applicants.  Colorado's 
application includes the purchaser's name, 
address, race, gender, and date of birth.  
A Social Security number is optional.

Purchaser fees.  No fees are charged.

State data.  Colorado maintains fully automated
fugitive, criminal history, probation/parole, 
and domestic abuse restraining order/misdemeanor 
data on a statewide network.

Check processing time.  Routine transactions 
are processed in less than 3 minutes; 
transactions requiring additional research 
are processed in less than 1 day. Retention 
of records.  The CBI purges information
from approved transactions within 48 hours. 
Information from denied transactions can 
be retained indefinitely.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm can appeal to the CBI.

Arrests of denied persons.  All persons who 
are denied or have an outstanding warrant 
are reported to federal, state, and local law 
enforcement agencies with jurisdiction over 
the applicant' residence and the dealer's
premises.

1999 firearm checks.  Transfers: 100,126 
applied; 6,668 denied (6.7%).  Note: CBI 
checks only (April through July checks 
conducted by FBI are not included).

1999/2000 legislation.  A new statute 
designated CBI as a permanent point of 
contact for the NICS, and mandated instant 
check procedures and firearm sales 
restrictions.  An amendment improved CBI's 
access to juvenile delinquency records for 
use in firearm background checks.

Relevant laws.  Colorado Revised Statutes 
18-12-101 et seq; 24-33.5-424.

Source of information.  Colorado Bureau of
Investigation.

Connecticut

State requests NICS checks

Prohibited persons.  An eligibility 
certificate or pistol permit for a handgun 
cannot be issued to a person who did not 
complete a firearm safety course, or was
convicted of a felony, a domestic violence
misdemeanor, or any of 11 other misdemeanors;
discharged from custody within the preceding 
20 years after being found not guilty of a 
crime by reason of mental disease; confined 
to a hospital for mental illness within the 
preceding 12 months by court order;
convicted as delinquent for commission 
of a serious juvenile offense; or is subject 
to a restraining or protective order, or 
is an illegal alien or under age 21. A 
firearm cannot be possessed by a person who 
was convicted of certain felonies or a serious 
juvenile offense.

Restoration of rights.  The Board of Firearm 
Permit Examiners can restore firearm rights 
after a review, if the offender previously 
possessed a pistol permit.

Regulated sales.  State law requires back-
ground checks on persons who apply for 
permits, redeem firearms, or make a purchase 
from a licensed dealer or a gun show seller 
or other unlicensed individual.

Permits.  An eligibility certificate or 
pistol permit is required to purchase a 
handgun.  Both documents are valid for 5 
years and allow unlimited purchases.  These
permits are not required to purchase a long 
gun but will waive the waiting period 
(see below).  The pistol permit is also 
required to carry a handgun.

Background checks.  The Connecticut State 
Police (CSP) is a NICS point of contact, 
conducting all checks required by Federal 
and State law.  Checks are conducted on 
applicants for pistol permits and eligibility
certificates, and on firearm purchasers.  
ATF allows a pistol permit issued before 
November 30, 1998, to be used in lieu of a 
NICS check (State law still requires a
check at the time of purchase).  Instant 
checks on purchasers are conducted by 
telephone (1-888-335-8438 within the 
State).

Waiting period.  A 14-day waiting period, 
which begins when an application is filed, 
is required for a long gun transfer, unless 
the buyer has a valid permit or qualifies
for an exemption.

Information from applicants. Connecticut's
application to purchase requires the buyer's 
full name, date of birth, current address, 
race, gender, height, weight, date of 
application, pistol permit or eligibility
certificate number and expiration date, 
driver's license number and state of issue, 
hunting license number (for long gun sale), 
salesperson's name, and sales authorization 
number.  A Social Security number is
optional.

Purchaser fees.  A maximum fee of $35 is 
charged for pistol permits and eligibility 
certificates.

State data.  Connecticut maintains fugitive, 
criminal history, probation/parole, domestic 
abuse restraining order/misdemeanor, mental 
health, and juvenile data.

Check processing time.  If no questions arise 
about an applicant's eligibility, a sale 
check is normally processed in less than 30 
seconds.  Nearly all eligibility questions are 
resolved in less than 1 minute; if additional 
research is needed, a check is normally
processed within 3 days.

Retention of records.  CSP retains denied 
purchase applications for 10 years.  A dealer 
must retain approved applications for the life 
of the business.

Registration.  Data on the sale, weapon, 
buyer, and seller are recorded on a registration 
form.

Appeals of denials.  A person who is denied a 
permit or firearm can appeal to CSP.  Permit 
denials can be further appealed to the Board of 
Firearm Permit Examiners.  A permit denial due 
to a criminal record must be cleared by the 
Board of Pardons.

Arrests of denied persons.  Cases involving 
falsified applications or attempts by prohibited 
persons to buy firearms are referred to the 
Firearms Trafficking Unit.

1999 firearm checks. Transfers: 49,285 applied; 
255 denied (0.5%).

1999/2000 legislation.  Sales check, gun show, 
and waiting period procedures were amended.

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

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

Delaware

FBI conducts NICS checks
State conducts separate checks

Prohibited persons.  Delaware law prohibits 
purchase or possession of firearms by certain 
persons who are convicted of felonies or 
crimes of violence; committed for mental 
disorders to any hospital, mental institution,
or sanitarium; convicted for unlawful use, 
possession, or sale of narcotics; adjudicated 
delinquent for conduct which if committed by 
an adult would constitute a felony; subject 
to protection from abuse orders; or
convicted of a misdemeanor crime of domestic
violence.  Juveniles cannot possess handguns 
without adult supervision.  It is illegal to 
transfer a firearm to a child under 18 years 
of age (without parental consent), a person 
who intends to commit certain crimes, or a
prohibited person.  A handgun cannot be sold 
to a person under the age of 21 or to an 
intoxicated person.

Restoration of rights.  A convicted felon's 
right to own a firearm may be restored through 
a governor's pardon. A person who committed a 
disqualifying misdemeanor may regain firearm 
rights 5 years after conviction; those
who committed disqualifying juvenile offenses 
regain their rights at age 25.

Regulated sales.  Under Delaware law, background
checks are required for sales of handguns and 
rifles by licensed dealers, and are optional 
for private sales. Shotgun purchases are exempt 
from Delaware check requirements.

Permits.  A permit is not required to purchase 
firearms. A permit is required to carry a con-
cealed handgun.

Background checks.  State law requires that 
licensed dealers call the Delaware State Police 
(DSP) for instant checks, by using a 1-800 
number.  DSP has a maximum of 3 days 
to complete a check.  A holder of a concealed 
handgun permit issued by a county superior
court is exempt from the check required by State 
law. Delaware is not a point of contact for the 
NICS; dealers must contact the FBI for handgun, 
rifle, and shotgun checks required by the Brady 
Act.  ATF allows a concealed handgun permit 
issued before November 30, 1998, to be used for 
a purchase without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  Delaware requires 
an applicant's name, address, race, gender, date 
of birth, Social Security number, and date of 
application.  If the application is rejected, the 
type, make, model, and serial number of the weapon 
are recorded.

Purchaser fees.  None.

State data.  Delaware maintains fully automated
fugitive, criminal history, probation/parole, 
juvenile, and domestic violence restraining 
order/misdemeanor data on a statewide network.  
Mental health files are partially automated.

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

Retention of records.  DSP retains records of
approved transactions for 60 days and records of
denied transactions indefinitely.

Registration.  No State requirements.

Appeals of denials.  State law provides that 
a firearm denial can be appealed to DSP and 
further to superior court.

Arrests of denied persons.  In cases involving
falsified applications, DSP informs the agency 
with jurisdiction over the individual.  When a 
person is denied because of an outstanding 
warrant, the agency with jurisdiction over the 
dealer is notified to apprehend the suspect.

1999 firearm checks.  No statewide information 
is available. 

1999/2000 legislation.  No significant changes.

Relevant laws.  Delaware Code 11-1441 et seq;
24-901 et seq.

Source of information.  Delaware State Police.

Florida

State requests NICS checks

Prohibited persons.  Florida law prohibits 
the transfer of a firearm to a person who 
has been convicted of a felony, a delinquent 
act that would be a felony if committed by 
an adult, or a misdemeanor crime of domestic 
violence; had adjudication of guilt withheld 
or imposition of sentence suspended on a 
felony charge and 3 years have not elapsed 
since the completion date of any court 
provisions; has been indicted for a felony; 
is subject to a protective order; has been
arrested for a "dangerous crime," or other 
offenses enumerated in State law; or is a 
minor under the age of 18 and lacks permission 
of a parent or guardian.  A firearm cannot 
be possessed by a person who is a felon, 
a delinquent, restrained by a domestic 
violence injunction, a violent career criminal, 
or mentally incompetent.

Restoration of rights.  Florida allows a 
convicted felon's right to own firearms to 
be restored through a pardon from the 
jurisdiction where the felony conviction
occurred.  A person convicted of a delinquent 
act that would be a felony if committed by an 
adult can regain firearm rights when the 
jurisdiction of the court expires.

Regulated sales.  Background checks are 
required for firearm sales by licensed 
importers, manufacturers, and dealers.  
Certain pawnshop redemptions are also
subject to checks.

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

Background checks.  The Florida Department 
of Law Enforcement (FDLE) is a point of 
contact for the NICS and conducts checks 
required by Federal and State law.  Checks 
on firearms redeemed within 90 days of
being pawned can be conducted by the FBI; 
if a weapon is redeemed after 90 days, the 
check is conducted by FDLE. ATF allows 
concealed firearm licenses issued before 
November 30, 1998, to be used for purchases 
without a NICS check.  If a purchaser is
not disapproved within 3 business days, the 
dealer must contact FDLE before releasing 
the firearm.

Waiting period.  Handgun purchases require 
a waiting period of 3 business days, 
beginning when an application is filed, 
regardless of when a background check is 
completed.  Some counties extend the waiting
period by ordinance.

Information from applicants.  State law 
requires the purchaser's name, date of birth, 
gender, race, and Social Security number 
(optional) or other identification number.

Purchaser fees.  FDLE charges $8 for the 
background check.

State data.  Florida maintains fugitive, 
criminal history, domestic violence misdemeanor
/restraining order, juvenile, and probation/
parole data.

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

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

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm can appeal to FDLE.

Arrests of denied persons.  FDLE reports 
persons who falsify their applications to ATF 
and the State agency with jurisdiction over 
the individual.  Persons with outstanding 
warrants are reported to agencies with
jurisdiction over the fugitive and the 
location of the dealer.  All denied persons 
are reported monthly to ATF, special agency 
personnel, and local police by the Office 
of Statewide Intelligence and the Firearm
Purchase Program.

1999 firearm checks. Transfers: 239,876 
applied; 6,083 denied (2.5%).

1999/2000 legislation.  The expiration date 
of Florida's instant check law was first 
extended to June 1, 2000, and subsequently 
extended to June 1, 2002.

Relevant laws.  Florida Statutes 790.001 
et seq.

Source of information.  Florida Department 
of Law Enforcement, Firearm Purchase 
Program.

Georgia

State requests NICS checks

Prohibited persons.  State law prohibits 
possession of a firearm by a person who is 
on probation as a first offender or has been 
convicted of a felony in Georgia or elsewhere. 
A person under the age of 18 can possess
a handgun in certain circumstances, unless 
he or she has been convicted of a forcible 
offense or adjudicated delinquent.  A handgun 
cannot be sold to a person who is prohibited 
by State or Federal law, or has been
involuntarily hospitalized within the 
preceding 5 years.

Restoration of rights.  A convicted felon 
can regain the right to possess firearms if 
the person is granted a pardon and the Pardon 
and Parole Board specifically restores 
possession rights.

Regulated sales.  State law requires back-
ground checks on firearm sales by licensed 
dealers and on redemptions which occur more 
than 1 year after the firearm is pawned.

Permits.  Georgia does not require a permit 
to purchase firearms.  A permit is required 
to carry a concealed handgun.

Background checks.  The Georgia Bureau of
Investigation (GBI) is a point of contact 
for the NICS and conducts checks required 
by Federal and State law.  Holders of 
concealed handgun permits issued by county 
probate courts are exempt from sale checks
under ATF and State rules.  Licensed dealers 
request instant checks by using a 1-800 
number.  The GBI is allowed 1 day under State 
law to complete a check. The time allowed 
can be extended if the applicant's criminal 
history record is not immediately available 
(no extension limit is provided in the 
statute).

Waiting period.  No State requirements.

Information from applicants.  Georgia's 
consent form requires the purchaser's name, 
gender, race, and date of birth, plus a 
Social Security or other identification number.

Purchaser fees.  GBI charges $5 for the 
background check.

State data.  The State maintains fully 
automated fugitive, criminal history, probation 
and parole, mental health, and domestic 
violence misdemeanor data.

Check processing time.  Routine transactions 
are normally processed in less than 3 minutes. 
Transactions requiring additional research 
are normally processed in less than 1 day.

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

Registration.  No State requirements.

Appeals of denials.  A person who is denied a 
firearm can appeal to the GBI and further to 
superior court.

Arrests of denied persons.  A person who 
submits false information on an application 
or is subject to an outstanding warrants 
is reported by GBI to the agency with 
jurisdiction over the individual.

1999 firearm checks.  Transfers: 252,808 
applied; 14,477 denied (5.7%).

1999/2000 legislation.  The background check
exemption for certain peace officers was 
eliminated by amendment.

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

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

Hawaii

State requests NICS checks

Prohibited persons.  Hawaii law prohibits 
ownership, possession, or control of a 
firearm by a person who is a fugitive from 
justice; indicted or bound over for or
convicted of a felony, a crime of violence, 
or an illegal drug sale; addicted to drugs 
or alcohol; acquitted of a crime on grounds 
of mental disease; diagnosed as having 
significant behavioral, emotional, or 
mental disorders; under 25 years old and 
adjudicated to have committed certain 
crimes; or subject to a restraining order 
that prohibits firearm possession.  A U.S. 
citizen must be 21 or more years of age to 
apply for a permit to acquire.  Handgun 
permit applicants must complete a hunter 
education or firearm safety course.  A 
long gun cannot be transferred to a person 
under the age of 18 except in limited 
circumstances.

Restoration of rights.  A convicted felon 
may possess a firearm if the right to 
acquire firearms was specifically restored 
by a governor's pardon.

Regulated sales.  State law requires a permit 
to acquire the ownership of any firearm.

Permits.  A permit to acquire, valid for 10 
days, is required for every purchase of a 
handgun. A permit to acquire, valid for 1 year, 
is required for unlimited purchases of long 
guns.  A license is needed to carry a
handgun.

Background checks.  Four police departments 
are points of contact for the NICS and 
conduct checks required by Federal and State 
law on applicants for permits to acquire 
handguns or long guns.  State law mandates 
that a permit application be approved or
denied within 20 days.  ATF allows permits 
to acquire and licenses to carry to be used 
for purchases in lieu of the NICS check.

Waiting period.  A 14-day waiting period, 
which begins when an application is filed, 
must expire before a permit to acquire can 
be issued, regardless of when a background 
check is completed.

Information from applicants.  The Hawaii 
permit application requests the following: 
name, previous name, home address, business 
address, occupation, race, gender, height, 
weight, date and place of birth, hair and 
eye color, Social Security number, and 
mental health history.  Fingerprinting and 
photographing of first-time applicants is 
required.

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

State data.  Hawaii maintains an automated 
control repository which includes criminal 
history and domestic violence misdemeanor data.  
Mental health data are recorded manually.

Check processing time. No statewide 
information is available.

Retention of records.  Data on approved and 
denied applications are retained indefinitely.

Registration.  All firearms are required to 
be registered in Hawaii, except for certain 
antique or inoperable devices.

Appeals of denials.  State law does not 
provide an appeal procedure for permit 
denials.

Arrests of denied persons.  No information 
is available.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  State and county 
police officers who are convicted of 
abusing a family or household member are 
no longer entitled to an exemption from
certain firearm possession restrictions.

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

Source of information.  Hawaii Criminal 
Justice Information Center; Honolulu Police 
Department.

Idaho

FBI conducts NICS checks

Prohibited persons.  Idaho law does not allow
convicted felons to ship, transport, possess, 
or receive firearms.  A firearm cannot be sold 
to or possessed by a minor under the age of 18 
without the consent of a parent or guardian.

Restoration of rights.  Certain felons regain
possession rights upon completion of imprisonment,
probation, or parole.  Other felons, except for 
those convicted of specified offenses, may apply 
to the commission of pardons and parole for 
restoration 5 years after final discharge.

Regulated sales.  State law does not require
background checks on firearms purchasers.

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 
of contact for the NICS.  Licensed dealers in 
Idaho contact the FBI for all background checks 
required by the Brady Act. ATF allows a 
concealed weapon permit issued by a county 
sheriff to be used for a purchase without a 
NICS check.

Waiting period.  No State requirements.

Information from applicants. No State 
requirements.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under Federal 
law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide information 
is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Idaho Code 18-3302 et seq.

Source of information.  Idaho State Police.

Illinois

State requests NICS checks

Prohibited persons.  Firearm Owners 
Identification (FOID) cards cannot be 
issued to persons who are prohibited 
by any Illinois statute or Federal law.  
State law prohibits firearm possession by 
persons who are under 21 years of age and 
have been convicted of misdemeanors other 
than a traffic offenses or adjudged 
delinquent; under 21 and lack parental 
consent to possess firearms; convicted 
felons; drug addicts; mentally ill or 
retarded; illegal aliens; subject to
protective orders; or convicted of firearm 
or domestic violence offenses.  It is 
illegal to make a straw purchase for a 
prohibited person.

Restoration of rights.  A felon may 
regain firearm rights if relief from an 
Illinois conviction is granted.  A person 
who committed a forcible felony must 
complete the sentence and 20 years 
without additional violations before 
applying to the director of State Police 
for relief. The director's decision can be 
appealed to circuit court.

Regulated sales.  Background checks are 
required on permit applicants and persons 
who purchase or redeem firearms from licensed 
dealers.  Checks are not required for 
private sales; however, records of such
transactions must be retained for 10 years.

Permits.  Illinois requires residents to 
possess a valid FOID card to purchase 
firearms or ammunition.  The card is valid 
for 5 years, with no limit on the number of
firearms purchased.  The State does not 
issue concealed firearm permits.

Background checks.  The Illinois State 
Police (ISP) is a point of contact for the 
NICS and conducts checks required by Federal 
and State law.  Checks are conducted on 
applicants for FOID cards, with a maximum of 
30 days allowed to process an application. 
A purchase from a dealer requires a valid 
card and an instant check through the Firearm 
Transfer Inquiry Program (FTIP) Unit of ISP.  
Dealers use a 1-900 number to request checks.

Waiting period.  After a sale application is 
filed, the wait is 24 hours for a long gun 
and 72 hours for a handgun, regardless of when 
a check is completed.

Information from applicants.  A FOID card 
application includes the name, address, date 
of birth, race, gender, height, weight, eye 
color, hair color, recent picture, and answers 
to specific questions regarding eligibility
factors. An FTIP transaction requires the 
dealer and FOID 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, 
criminal history, and conviction data are 
maintained on a statewide network.  Other files 
cover mental health, juveniles, and domestic 
violence orders and convictions.

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

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

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

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

Arrests of denied persons.  A person with an
outstanding warrant is reported by ISP to 
the agency with jurisdiction over the fugitive.  
Denied persons are referred to a unit within 
ISP, which analyzes denial information and 
reports significant violations to ATF.

1999 firearm checks.  FTIP: 184,289 applied; 
1,473 denied (0.8%).  FOID: 235,615 applied; 
6,700 denied (2.8%).

1999/2000 legislation.  Amendments designated 
ISP as a permanent POC, barred straw purchases, 
and allowed limited release of mental health 
data by FOID card applicants.

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 checks
State requests handgun NICS checks

Prohibited persons.  Indiana law prohibits 
a sale, gift, or other transfer of a handgun 
or an assault weapon to a person under 18 
years of age, except in limited circumstances.  
Further, it is unlawful to sell, give, or in
any manner transfer a handgun to a person who 
is convicted of a felony, adjudicated a 
delinquent child for an act that would be 
a felony if committed by an adult, a drug 
abuser, an alcohol abuser, or mentally
incompetent.  A firearm cannot be possessed 
by a serious violent felon or a person less 
than 18 years of age, except in limited 
circumstances.

Restoration of rights.  A convicted felon's 
right to possess a handgun may be restored 
by post-conviction relief or a governor's pardon.  
Persons who have been adjudicated delinquent 
can regain their rights at age 23.

Regulated sales.  State law requires background
checks on persons who purchase handguns from 
licensed dealers.  Handguns cannot be pawned.

Permits.  Indiana does not require a permit 
to purchase firearms.  A handgun license is 
required for personal protection (carrying), 
hunting, and target shooting.

Background checks.  Licensed dealers in 
Indiana contact the FBI for checks on persons 
purchasing or redeeming long guns.  The 
Indiana State Police (ISP) is a partial point 
of contact for the NICS and conducts
telephone instant checks on handgun purchasers. 
Indiana law allows a maximum period of 1 
business day to complete a check.  ATF and 
State rules allow personal protection, hunting, 
and target licenses issued by ISP to be used 
for purchases in lieu of the NICS check.

Waiting period.  No State requirements.

Information from applicants.  Handgun 
purchasers must provide the following: name, 
address, gender, race, place of birth, date of 
birth, height, weight, Social Security number, 
and fingerprints plus the date and hour of 
the transfer.

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

State data.  Indiana maintains fully automated 
criminal history data on a statewide network.
Check processing time.  No information is 
available.

Retention of records.  Limited data on approved
transactions (buyer name, dealer and approval
numbers, and transaction date) can be retained 
by ISP for not more than one year; other data on 
approvals can be retained for up to 30 days.  
Data on denied transactions are retained 
indefinitely.

Registration.  Handguns are voluntarily 
registered in Indiana; there are no State 
requirements.

Appeals of denials.  A person who is denied a
handgun can appeal to ISP or the agency with 
the disqualifying record.  A further appeal 
lies to the circuit court.

Arrests of denied persons.  ISP reports persons 
who submit false information to ATF.  A person 
with an outstanding warrant is reported to the 
agency with jurisdiction over the fugitive.

1999 firearm checks.  Transfers: 26,190 applied; 
402 denied (1.5%).  Licenses: 81,048 applied; 
2,193 denied (2.7%).

1999/2000 legislation.  A new section defined 
"serious violent felon," and prohibited firearm 
possession by such a person.  An amendment allowed 
a court to prohibit a person subject to a 
protective order from possessing firearms during 
the duration of the order, or to order confiscation 
of the respondent's firearms.

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

Source of information.  Indiana State Police.

Iowa

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  Applicants for permits 
to acquire pistols and revolvers must meet 
all Federal requirements for possessing firearms.  
Additionally, Iowa law prohibits issuing a 
permit to a person who is less than 21 years 
of age, has been convicted of a felony, is 
addicted to the use of alcohol or a controlled
substance, has a history of repeated acts of 
violence, has been convicted of certain 
misdemeanor crimes of assault, or has been 
adjudged mentally incompetent.  A person 
who is convicted of a felony cannot possess 
a firearm.  It is illegal to sell, loan, 
give, or make available a long gun to a person 
below the age of 18 or a handgun to a person 
below the age of 21, except in limited 
circumstances.

Restoration of rights.  Iowa allows a con-
victed felon's right to own a handgun to be 
restored through a pardon or a special 
restoration of rights with firearms privileges.

Regulated sales.  Permit regulations pertain 
to all handgun sales by licensed dealers, 
pawnshops, and unlicensed persons.

Permits.  Iowa requires an annually renewed 
permit to acquire pistols or revolvers, unless 
the purchaser holds a valid permit to carry 
firearms.  An unlimited number of handguns can 
be purchased with either permit.

Background checks.  Ninety-nine county sheriffs 
are partial points of contact for the NICS, 
conducting checks of applicants for permits to 
acquire or carry handguns.  State employees and 
nonresidents are checked by the Iowa Department 
of Public Safety.  Licensed dealers in Iowa 
contact the FBI for checks on persons who 
purchase long guns or redeem a firearm without 
a permit.  ATF allows permits to acquire or 
carry to be used for a purchase in lieu of a 
NICS check.

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

Information from applicants.  An applicant 
for a permit to acquire must provide the 
following: name, Social Security number, address, 
date of birth, application date, and a form 
of identification with a color photograph.

Fees charged.  The fee for a permit to acquire 
is at the discretion of the county sheriffs.  
A permit to carry costs $10 and can be renewed 
for $5.

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

Check processing time.  No statewide 
information is available.

Retention of records.  Sheriffs retain 
approved permits for the remainder of the 
issuing year plus an additional 3 years.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a permit can appeal to Iowa district court.

Arrests of denied persons.  Persons with 
outstanding warrants are arrested by the 
checking agency in some cases.

1999 firearm checks.  No statewide information 
is available.

1999/2000 legislation.  No significant changes.

Relevant laws.  Iowa Code 702.7; 724.1 et seq.

Source of information.  Iowa Department of 
Public Safety.   

Kansas

FBI conducts NICS checks

Prohibited persons.  Firearms cannot be 
transferred to or possessed by persons 
who are both addicted to and unlawful users 
of controlled substances, or have been 
convicted of certain felonies or a uniform 
controlled substances act violation under 
Kansas law or an equivalent offense in another 
jurisdiction, or were adjudicated a juvenile 
offender because of the commission of an act 
which if done by an adult would constitute a 
disqualifying offense, or were in possession
of a firearm while violating any provision 
of the uniform controlled substances act.  
Handguns cannot be transferred to or knowingly 
possessed by persons less than 18 years of 
age except in limited circumstances.

Restoration of rights.  State law allows a 
convicted felon's right to own a firearm to 
be restored after 5 or 10 years (depending on 
the type of crime) from the date of
conviction or release from imprisonment 
(whichever period is longer).  Restoration 
is not allowed if the offense involved 
possession of a firearm.

Regulated sales. Kansas law does not require
background checks on firearms purchasers.

Permits.  A permit is not required to 
purchase a firearm. The State does not issue 
a permit to carry a concealed firearm.

Background checks.  The State is not a point 
of contact for the NICS.  Licensed dealers 
in Kansas contact the FBI for all checks 
required by the Brady Act.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  No State requirements.

State data.  Kansas maintains criminal 
history, juvenile offender, and offender 
registration data on the statewide computer 
network.

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under Federal 
law.

Arrests of denied persons.  Not applicable.

1999 firearm checks. No statewide information 
is available.

1999/2000 legislation. No significant changes.

Relevant laws. Kansas Statutes 21-4201 et 
seq.

Source of information.  Kansas Bureau of
Investigation.

Kentucky

FBI conducts NICS checks

Prohibited persons.  Kentucky law prohibits
possession of a firearm by a person who has 
been convicted of a felony, as well as any 
youthful offender convicted of a felony.  A 
handgun cannot be possessed by or provided to 
a person under the age of 18 except in limited 
circumstances.

Restoration of rights.  A convicted felon's 
right to
possess a firearm may be restored through a
governor's pardon.

Regulated sales.  State law does not require
background checks on firearms purchasers.

Permits.  Kentucky does not require a permit 
to purchase a firearm.  A license is required 
to carry a concealed firearm.

Background checks.  The State is not a point 
of contact for the NICS.  Licensed dealers in 
Kentucky contact the FBI for all checks required 
by the Brady Act. ATF allows a concealed firearm 
license issued after July 15, 1998, or before 
November 30, 1998, to be used for a purchase 
without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

State data.  Kentucky maintains fully automated
fugitive, criminal history, and domestic violence
restraining order data on a statewide network.

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under Federal 
law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide information 
is available.

1999/2000 legislation.  No significant change.
Relevant laws.  Kentucky Revised Statutes 
237.030 et seq; 431.064; 527.010 et seq.

Source of information.  Kentucky State Police.

Louisiana

FBI conducts NICS checks

Prohibited persons.  Louisiana law prohibits
possession of a firearm by a person who has 
been convicted of certain felonies, unless 
the person has not been convicted of a felony 
for a period of 10 years from the date of 
completion of sentence, probation, parole,
or suspension of sentence.  A firearm cannot 
be sold or otherwise delivered to a person 
under the age of 18.  It is unlawful for a 
person who has not attained the age of 17 
years to possess a handgun except in limited 
circumstances.

Restoration of rights.  A convicted felon's 
right to possess a firearm can be restored in 
Louisiana through a governor's pardon or by a 
sheriff.  Upon completion of sentence, probation, 
parole, or suspension of sentence, convicted 
felons may apply to the sheriff of their parish
of residence for a permit to possess firearms.

Regulated sales.  State law does not require
background checks on firearms purchasers.

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

Background checks.  The State is not a point 
of contact for the NICS.  Licensed dealers in 
Louisiana contact the FBI for all checks required 
by the Brady Act. ATF allows a concealed handgun 
permit issued before November 30, 1998, to be 
used for a purchase in lieu of a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  No State requirements.

State data.  Louisiana maintains a statewide 
computer network with fugitive data and 
criminal histories that include domestic 
violence offenses and some mental health data.  
These files are fully automated.  Other
mental health data are maintained by local 
coroners.

Check processing time.  Not applicable.

Retention of records. No State requirements.

Registration.  Machine guns, firearms with 
obliterated serial numbers, short barrel 
rifles and shotguns, and certain modified 
firearms are required to be registered.
Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under Federal 
law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  A new statute made 
it unlawful for a person who has not attained 
the age of 17 years to possess a handgun.

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

Source of information.  Louisiana State 
Police.

Maine

FBI conducts NICS checks

Prohibited persons.  Maine law prohibits 
possession of a firearm by a person who 
committed a crime punishable by imprisonment 
for 1 year or more; committed a firearms 
offense; engaged in conduct as a juvenile that 
if committed by an adult would have been
a disqualifying offense; or is subject to a 
domestic violence restraining order.  It is 
unlawful to transfer a firearm to a person 
under the age of 16, except for a parent or 
guardian of the minor.

Restoration of rights.  Firearm rights 
may be restored by the commissioner of public 
safety, a court order, or a governor's pardon.  
A person convicted of a disqualifying offense 
can apply to the commissioner for a permit to 
possess a firearm, if 5 years have elapsed
since the date of final discharge from the 
sentence. The commissioner's decision can be 
appealed to superior court.  Nonviolent juvenile 
offenders regain firearm rights 3 years after 
completion of their dispositions or upon reaching 
18 years of age, whichever is later.

Regulated sales.  State law does not require
background checks on firearms purchasers.

Permits.  Maine does not require a permit to 
purchase firearms.  A permit is required to carry 
a concealed weapon.  Persons with restored rights 
are issued possession permits, but cannot carry a 
concealed firearm.

Background checks.  The State is not a point of
contact for the NICS.  Licensed dealers in Maine
contact the FBI for all checks required by the 
Brady Act.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  No State requirements.

State data.  State agencies maintain fugitive, 
criminal history, motor vehicle, and domestic 
violence restraining order data.  These files 
are maintained manually and are accessed via 
teletype.

Check processing time.  Not applicable.

Retention of records.  No State requirements.
Registration.  No State requirements.

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

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide information 
is available.

1999/2000 legislation.  No significant changes.

Relevant laws.  Maine Revised Statutes 15.393;
13A.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" 
(handgun or assault weapon) cannot be 
transferred to or possessed by a person 
who is convicted of a crime of violence, 
a felony or any common law offense or 
misdemeanor that carries more than a 
2-year term of imprisonment; a fugitive; 
a habitual drunkard; addicted to a 
controlled substance; mentally disordered 
as defined in State law; under 21 years 
of age; or subject to a protective order.  
In addition, it is illegal to transfer
a regulated firearm to a person who is 
visibly under the influence of alcohol or 
drugs or a participant in a straw purchase.  
Regulated firearm purchasers must have
resided in Maryland for 90 days, and are 
limited to one purchase every 30 days.  
A person under the age of 18 cannot purchase 
a long gun.

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

Regulated sales.  Background checks are 
required for sales of "regulated firearms" 
(handguns and assault weapons) by licensed 
dealers and unlicensed persons. A dealer is 
required to have a Maryland regulated-firearms 
license in addition to a Federal license.  
An unlicensed person selling at a gun show 
must obtain a temporary transfer permit, have 
a fixed display, and comply with the same 
restrictions imposed upon licensed dealers.

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

Background checks.  The Maryland State 
Police (M.P.) is a partial point of contact 
for the NICS and conducts checks on 
regulated firearms buyers. Dealers transmit 
applications to the M.P. by certified
mail or fax.  Private sales are processed 
through dealers or M.P. installations.  
Checks must be completed within 7 days unless 
placed on hold because of a criminal 
proceeding without a disposition.  The FBI
checks all redemptions, and sales of long 
guns not regulated by Maryland law.  ATF 
allows concealed handgun permits issued 
before November 30, 1998, to be used for 
a purchase without a NICS check.

Waiting period.  Transfers of regulated 
firearms require a 7-day waiting period that 
begins when an application is filed, re-
gardless of when a check is completed.
Information from applicants.  A regulated 
firearm application requires the buyer's 
name, address, race, gender, height, weight, 
hair and eye color, date and place of birth, 
driver's identification number, occupation,
and date of application, plus the weapon 
caliber, make, model, and serial number.  
A Social Security number is optional.

Purchaser fees.  A $10 application fee is 
required.

State data.  Maryland maintains fully automated
fugitive and criminal history files, plus 
domestic violence restraining order/misdemeanor 
and probation/parole data.

Check processing time.  Routine applications are
processed in about 5 days.   Additional research 
is normally completed in less than 1 month.

Retention of records.  A permanent record of all
completed transactions of regulated firearms is
maintained by M.P.  Denied applications are 
maintained indefinitely.

Registration.  Permanent transaction records 
contain the caliber, make, model, serial number, 
and special characteristics of each regulated 
firearm transferred.

Appeals of denials.  A person denied a regulated
firearm can appeal to M.P. and further to State 
court.

Arrests of denied persons.  All denied 
persons are reported to the M.P. Firearms 
Investigation Unit.

1999 firearm checks.  Transfers: 33,038 
applied; 592 denied (1.8%).

1999/2000 legislation.  No significant 
changes.

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

Source of information.  Maryland State 
Police Firearms Enforcement Division.

Massachusetts

FBI conducts NICS checks
State conducts separate checks

Prohibited persons.  Massachusetts law 
prohibits issuing firearm identification 
cards or licenses to carry to persons 
who were convicted or adjudicated a
youthful offender or delinquent child 
in Massachusetts, another State, or a 
federal jurisdiction for the commission 
of felonies, misdemeanors punishable by 
more than 2 years imprisonment, certain 
violent crimes, or weapon or drug 
offenses.  Others barred are mentally 
ill, drug or alcohol addicts, under age, 
aliens, subject to protection orders, or 
wanted persons.  A permit to purchase may 
be issued with restrictions to a person 
who is not a minor if it appears that 
the purchase is for a proper purpose.

Restoration of rights.  Persons who 
committed disqualifying adult or juvenile 
offenses, except for certain offenders, 
can regain the right to possess rifles
and shotguns 5 years after completion of 
the sentence or adjudication without 
additional violations.  Addicted persons 
may apply 5 years after completing drug or
alcohol treatment.

Regulated sales. A permit is required to 
receive a rifle, shotgun, or "firearm" from 
a dealer or private person. Weapon types 
are mainly distinguished by barrel length: 
rifles, equal to or greater than 16 inches;
shotguns, equal to or greater than 18 
inches; "firearms," less than 16 inches or 
shotguns less than 18 inches.  Firearms 
cannot be pawned.

Permits.  Two classes of licenses to carry 
allow, for 4 years, possession of certain 
types of weapons: Class A, large capacity 
firearms, rifles, and shotguns; Class
B, non-large capacity firearms, and large 
capacity rifles and shotguns.  A firearms 
identification card allows, unless otherwise 
prohibited, possession of rifles, shotguns, 
ammunition, and chemical mace or similar
substances.

Background checks.  Licensing authorities 
(351 police departments) forward license and 
identification card applications to the 
Massachusetts State Police (M.P.), which 
conducts criminal history and fingerprint 
checks. M.P. informs a licensing authority 
of check results within 30 days; the authority 
renders a decision within 40 days from the 
date of application.  The State is not a
point of contact for the NICS.  Dealers 
contact FBI for checks required by the Brady 
Act.  ATF allows a license to carry issued 
before November 30, 1998, to be used
for purchases without a NICS check.
Waiting period.  No State requirements.

Information from applicants.  License/
identification card applicants must provide: 
name, aliases, mother's maiden name, father's 
name, date and place of birth, home and 
business addresses, employer, occupation,
telephone number, build, complexion, eye 
and hair color, height, weight, fingerprints, 
photograph, and references.  A Social Security 
number is optional.

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

State data.  Massachusetts maintains fully 
automated criminal history, probation, parole, 
juvenile, domestic violence restraining order, 
and fugitive data.  Mental health files are 
manual.

Check processing time.  No statewide 
information is available.

Retention of records.  Licensing authorities 
keep copies of approved and denied applications 
indefinitely. Information on applicants is 
also maintained in the Firearms Record Bureau 
database.

Registration.  Rifles, shotguns, and firearms
purchased in Massachusetts are registered.  
New residents have 60 days to register their 
firearms.

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

Arrests of denied persons.  No information 
is available.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

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

Source of information.  Massachusetts 
Department of Public Safety.

Michigan

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  Michigan prohibits 
issuing licenses to purchase handguns to 
persons who the licensing agency has 
probable cause to believe will use the gun 
to harm themselves or others, or to violate 
the law.  Further, licenses cannot be 
issued to persons who are subject to 
various orders and dispositions; under the 
age of 18; not U.S. citizens and legal 
residents of the State; charged with or 
convicted of felonies; adjudged legally 
insane or incapacitated; or involuntarily 
committed due to mental illness.  Firearms
cannot be possessed by convicted felons 
and persons under the age of 18 who are 
not supervised by an adult.

Restoration of rights.  Persons convicted 
of nonviolent or drug offenses regain the 
right to own a handgun 3 years after 
completion of their sentences. Violent of-
fenders may have their rights restored 5 
years after completion of a sentence, if 
approved by a county Concealed Weapons 
Licensing Board, or upon appeal to circuit 
court.  Rights can also be restored if a 
conviction is expunged or set aside or the 
person is pardoned.

Regulated sales.  A person shall not 
purchase a handgun without first having 
obtained a license. Handguns cannot be 
pawned.

Permits.  Michigan requires a license, 
which is valid for 10 days, for every 
purchase of a handgun.  A separate license 
is required to carry a concealed handgun.

Background checks.  Checks on applicants 
for handgun purchase licenses are conducted 
by 595 sheriffs and police departments, which 
are partial points of contact for the NICS.  
Larger agencies generally have their own 
automated inquiry system, while other
agencies use the statewide system to check 
on license applicants.  Dealers in Michigan 
must contact the FBI for checks on sales and 
redemptions of long guns required by the 
Brady Act.  ATF allows handgun purchase 
licenses to be used at the point of sale 
in lieu of the NICS check.

Waiting period.  No State requirements.

Information from applicants.  The State's 
application for a license to purchase 
includes the person's name, address, and 
date of birth.  At the time of registration,
the buyer's race, gender, height, and hair 
and eye color are recorded, along with the 
make, caliber, type, model, and serial 
number of the handgun.

Purchaser fees.  Any fee not exceeding $5 
can be charged 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 (if reportable to the State) data 
are available statewide. Some corrections 
data are also available.  Domestic violence 
misdemeanors can be located through an
automated pointer that requires manual 
research.

Check processing time.  Routine license 
applications are normally processed by non
-automated agencies in less than 1 hour, 
and by automated agencies in less than 5 
minutes.  Applications requiring additional
research are normally processed in less than 
5 days.

Retention of records.  State law requires 
that sheriffs and police departments retain 
approved license applications for 6 years.  
Denied applications are kept at the discretion 
of the licensing agencies.

Registration.  Michigan requires 
registration of handguns.

Appeals of denials.  A person denied a handgun
license can appeal to the denying agency and 
further to circuit court.

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

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Michigan Compiled Laws 
28.421 et seq; 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 law 
prohibits firearm possession by certain 
persons who are under the age of 18, 
convicted of or adjudicated delinquent 
for or charged with committing crimes of 
violence, mentally ill, drug addicts, 
domestic violence offenders, convicted of
a crime punishable by imprisonment for 
more than 1 year, fugitives, or illegal 
aliens, or those who have been dishonorably 
discharged from the military or have
renounced U.S. citizenship.

Restoration of rights.  A person convicted 
of or adjudicated delinquent for committing 
a crime of violence may possess a firearm 
if 10 years have elapsed since restoration of 
civil rights or expiration of the sentence or 
disposition (whichever occurs first), and
no further conviction or adjudication for 
another crime of violence has occurred.  
Civil rights are restored at discharge.

Regulated sales.  State law requires checks 
on all persons attempting to obtain a permit 
or purchase handguns or assault weapons from 
licensed dealers.

Permits.  Minnesota allows its citizens to 
obtain a transferee permit which is valid 
for 1 year and can be used to purchase an 
unlimited number of handguns and assault 
weapons.  A permit to carry is required to
possess a concealed firearm and also 
constitutes a transferee permit.  In the 
alternative, a buyer can undergo a back-
ground check for each purchase of an
unlimited number of handguns or assault 
weapons.

Background checks.  Five-hundred sixty-
eight sheriffs and police departments 
conduct checks after receiving transferee 
permit applications or transfer reports 
(on persons without permits) from dealers.  
A permit shall be issued or denied within 
7 days of application.  After a transfer 
report is filed, a dealer can complete the
transaction if a notice of disqualification 
from the checking agency is not received 
within 5 business days.  In addition, 
dealers in Minnesota contact the FBI
for all checks required by the Brady Act.  
ATF allows a permit to acquire or carry 
issued before November 30, 1998, to waive 
a NICS check.

Waiting period.  A wait of 5 business 
days (7 days) is required for purchases 
of handguns or assault weapons without a 
permit, regardless of when a background
check is completed.  All or part of the 
waiting period can be waived by the 
checking agency because of a threat to 
the life of the transferee or a member 
of the transferee's household.

Information from applicants.  A permit 
application or transfer report requires 
the applicant's name, address, telephone 
number, driver's license number, gender,
date of birth, height, weight, eye color, 
and distinguishing physical characteristics.  
Applicants must show identification with 
a color photograph.

Purchaser fees.  State law prohibits 
fees.

State data.  Minnesota maintains fully 
automated criminal history, fugitive, 
juvenile, and domestic violence restraining 
order data on a statewide network. Manual 
files contain information on mental health 
and chemical dependency.  Automation of 
mental health and domestic violence misdemeanor 
data are underway.

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

Retention of records.  Copies of applications 
are retained at the discretion of the checking 
agency. However, a sheriff or chief of police 
will not maintain any record of an approved 
transferee's identity if that person requests 
return of the transfer report.

Registration.  No State requirements.

Appeals of denials.  A person denied a permit 
or firearm can appeal to the county or 
municipal court.

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

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

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

Source of information.  Minnesota 
Department of Public Safety.

Mississippi

FBI conducts NICS checks 

Prohibited persons.  Mississippi law 
makes it unlawful to transfer a firearm 
to a person whom the transferor knows to 
be a minor under the age of 18 or 
intoxicated. A person convicted of a 
felony cannot possess a firearm, and a 
person under the age of 18 cannot possess 
a handgun except in limited circumstances.

Restoration of rights.  A convicted 
felon's right to possess a firearm can 
be restored by a governor's pardon.

Regulated sales.  State law does not 
require any background checks on firearm 
purchasers in addition to the Brady checks 
requested by licensed dealers.

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 of contact for the NICS.  Licensed 
dealers in Mississippi contact the FBI for 
all checks required by the Brady Act. 
ATF allows a concealed handgun license 
issued to an individual by the Mississippi 
Department of Public Safety to be used for 
a purchase without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  No State requirements.

State data.  Mississippi maintains an 
automated message switch that allows local 
agencies to access the National Crime 
Information Center (NCIC) and the Interstate 
Identification Index (III).  Arrest and
disposition records on felonies and 
misdemeanors are available online.

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under Federal 
law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  Carry permits: 
4,785 applied; 40 denied (0.8%).

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Mississippi Code 45-9-101; 
97-37-1 et seq.

Source of information.  Mississippi 
Department of Public Safety.

Missouri

FBI conducts NICS checks 
State conducts separate checks

Prohibited persons.  Missouri law 
requires that an applicant for a permit 
to acquire a handgun be at least 21 years 
of age, a U.S. citizen, and a State 
resident for at least 6 months.  A permit 
cannot be issued to a person who is 
convicted of a felony or misdemeanor
specified in State law; a fugitive or 
someone charged with a crime; dishonorably 
discharged from U.S. armed forces; habitually 
intoxicated or drugged; adjudged mentally 
incompetent; or found to have rendered 
a false statement on the application.  
It is unlawful to recklessly transfer a 
firearm to a person who is intoxicated 
or to a person less than 18 years old 
without consent of the child's parent 
or guardian.

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

Regulated sales.  Permit regulations 
pertain to all handgun transfers by 
licensed dealers, pawnshops, and 
unlicensed persons.

Permits.  Missouri mandates a permit to 
acquire which is valid for 30 days and 
can be used to purchase one handgun.  
The State does not issue concealed 
firearm permits.

Background checks.  One-hundred fourteen 
county sheriffs and the St. Louis County 
Police Department conduct background checks 
on applicants for permits to acquire handguns.  
A maximum period of 7 business days is 
allowed to complete the process.  The State 
is not a point of contact for the NICS.  
Licensed dealers in Missouri contact the 
FBI for all checks required by the Brady 
Act.  ATF allows a permit to acquire a 
handgun issued before November 30, 1998, 
to waive a NICS check at the point of 
sale.

Waiting period.  No State requirements.

Information from applicants.  A permit 
applicant must provide the following: name, 
residence and business addresses, height, 
hair and eye color, date of birth, Social 
Security number, occupation, date of 
application and reason for desiring a 
permit, plus the type, make, model, and 
serial number of the handgun obtained.

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

State data.  Missouri maintains fully 
automated fugitive, criminal history, 
domestic violence restraining order,
and probation/parole data on a statewide 
computer network.

Check processing time.  No statewide 
information is available.

Retention of records.  Sheriffs are required 
to keep a record of all applications for 
permits and the action taken on the application.  
The permit statute does not specify a record 
retention period.

Registration.  Handguns are not registered 
by the State, but are registered by some 
counties and municipalities.

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

Arrests of denied persons.  No information 
is available.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Missouri Revised 
Statutes 571.090.

Source of information.  Missouri 
State Highway Patrol.

Montana

FBI conducts NICS checks

Prohibited persons.  Montana law prohibits
possession of a firearm by a person who 
has been convicted of certain felonies or 
an equivalent offense in another jurisdiction.  
A minor child under the age of 14 years 
cannot carry or use firearms in public without
adult supervision.

Restoration of rights.  A convicted felon's 
right to possess a firearm can be restored by 
a governor's pardon or upon completion of the 
sentence, except for certain offenders who must 
apply to the court for a permit to purchase 
firearms.

Regulated sales.  State law does not require
background checks on firearms purchasers.

Permits.  Montana does not require a permit 
to purchase a firearm.  A permit is required 
to carry a concealed weapon.

Background checks.  The State is not a 
point of contact for the NICS.  Licensed 
dealers in Montana contact the FBI for all 
checks required by the Brady Act. ATF allows 
a concealed weapon permit issued by a
county sheriff to be used for purchases in 
lieu of a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm by the FBI can appeal 
under Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

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

Source of information.  Montana Department 
of Justice.

Nebraska

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  A handgun transfer 
certificate cannot be issued to a person 
who is under 21 years of age or whose 
purchase or possession of a handgun would 
be in violation of applicable Federal, 
State, or local law.  Nebraska law makes 
it unlawful for a handgun to be possessed 
by or transferred to a person under the 
age of 18 except in limited circumstances.  
A person who has previously been convicted 
of a felony or is a fugitive from justice 
cannot possess a firearm.

Restoration of rights.  A convicted felon 
can possess a firearm if restoration of 
such rights is included in a pardon.

Regulated sales.  A transfer certificate 
is required to receive a handgun from a 
licensed dealer or an unlicensed person, 
with limited exceptions.

Permits.  The transfer certificate needed 
to purchase a handgun is valid for up to 
3 years and can be used for an unlimited 
number of purchases.  The State does not
issue concealed firearm permits.

Background checks.  Ninety-three county 
sheriffs and the Lincoln and Omaha Police 
Departments are partial points of contact 
for the NICS.  These agencies conduct 
checks required by Federal and State law 
on applicants for handgun transfer 
certificates.  State law allows a maximum 
period of 2 days to investigate and decide 
on an application for a certificate.  
Licensed dealers in Nebraska contact the 
FBI for checks on long gun purchasers 
required by the Brady Act.  ATF allows
a handgun transfer certificate to be 
used in lieu of a NICS check at the point 
of sale.

Waiting period.  No State requirements.

Information from applicants.  A transfer 
certificate application includes the 
person's name, address, race, gender, 
height, weight, hair color, date of 
birth, and Social Security number plus 
the date of application.

Purchaser fees.  State agencies charge 
$5 for a background check.

State data.  Nebraska maintains a state-
wide network with automated data on fugitives, 
criminal history, probation/parole, and 
mental health commitments without a discharge 
in the last 5 years.  

Check processing time.  Routine 
applications are normally processed in 
less than 1 day.  Applications requiring 
additional research are normally processed 
in less than 2 days.

Retention of records.  Approved and denied
applications are retained at the discretion 
of the checking agencies.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a handgun transfer certificate can 
appeal to the county court.

Arrests of denied persons.  Persons who 
are denied handgun transfer certificates 
because they submitted false information 
or have an outstanding warrant are arrested 
in some cases.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Nebraska Revised Statutes 
28-1201 et seq; 69-2401 et seq.

Source of information.  Nebraska State 
Patrol.

Nevada

State requests NICS checks

Prohibited persons.  Nevada prohibits 
possession or control of a firearm 
by a person who is under 18 years
of age (except in limited circumstances) 
or has been convicted of a felony under 
the laws of Nevada, another state, or the 
United States.  It is illegal to recklessly 
or knowingly sell or barter a handgun to 
a child under the age of 18.

Restoration of rights.  State law allows 
a convicted felon's right to possess 
firearms to be restored if the person is 
honorably discharged from probation. 
Restoration can occur through a governor's 
pardon that does not restrict the right 
to bear arms.  If a pardon does not 
restore civil rights, the person may 
apply to a board of pardon commissioners, 
whose decision can be appealed to Nevada 
district court.

Regulated sales.  Pursuant to an executive 
order of the governor, Nevada enforces the 
Brady Act's requirement of background checks 
on firearm transfers by licensed dealers.  
State law gives unlicensed sellers the option 
of requesting a check on a purchaser from
the Nevada Point-Of-Sale Firearms Program.

Permits.  State law does not require a 
permit to purchase firearms.  A permit is 
required to carry a concealed firearm.

Background checks.  The Nevada Highway 
Patrol (NHP) is a point of contact for the 
NICS and conducts all checks required by 
the Brady Act.  Licensed firearms dealers 
in Nevada request instant checks by 
telephone. ATF allows a concealed firearm 
permit issued by a county sheriff to be 
used for a purchase without a subsequent 
NICS check.  In addition, NHP conducts
checks requested by unlicensed sellers, 
which must be completed within 5 business 
days.

Waiting period.  No State requirements.

Information from applicants.  Licensed 
dealers in Nevada use the ATF forms when 
preparing to conduct a firearm transaction.  
No separate State form is required.

Purchaser fees.  The fee for a firearms 
background check is $15.

State data.  Nevada maintains fully automated 
fugitive, criminal history, and domestic 
violence misdemeanor data on a statewide network.  
A protective order registry is scheduled to 
begin operating in October 2000.

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

Retention of records.  Information from 
approved transactions is retained for a 
maximum period of 20 days.  Information 
from denied transactions is retained
indefinitely.

Registration.  Firearms are not registered 
in Nevada except in Clark County.

Appeals of denials.  A person who is 
denied a firearm can appeal to NHP and 
further to the Hearings Office of the 
Department of Motor Vehicles and Public 
Safety.

Arrests of denied persons.  NHP notifies 
ATF of persons who submit false information 
on purchase forms.  When a person is denied 
because of an outstanding warrant, the 
NHP notifies the agency with jurisdiction 
over the site of the transaction.

1999 firearm checks.  Transfers: 58,666 
applied; 1,870 denied (3.2%).

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Nevada Revised Statutes 
202-253 et seq.

Source of information.  Nevada Highway 
Patrol.

New Hampshire

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  New Hampshire law 
provides that a firearm cannot be 
possessed by or transferred to a person 
who has been convicted of certain felonies.  
It is illegal to transfer a handgun to a 
minor (under age 18) except in limited 
circumstances.  A handgun cannot be 
transferred by a licensed dealer to a 
person who is a nonresident or prohibited 
pursuant to State or Federal law or a 
protective order.

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

Regulated sales.  State law requires back-
ground checks on persons who purchase 
handguns from licensed dealers.

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

Background checks.  The New Hampshire
Department of Safety (DOS) is a partial 
point of contact for the NICS and conducts 
checks required by Federal and State law.  
Licensed dealers request instant checks
on sales and redemptions of handguns by 
using a 1-800 number.  The maximum period 
allowed for DOS to complete a background 
check is 3 days.  Dealers contact the FBI 
for checks on sales and redemptions of
long guns.

Waiting period.  No State requirements.

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

Purchaser fees.  None.

State data.  New Hampshire maintains 
fugitive, criminal history, and domestic 
violence restraining order/misdemeanor 
data on a statewide computer network.

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

Retention of records.  State law requires 
that information on approved transaction 
be destroyed within 24 hours after approval 
(except for request dates and approval 
numbers).  Information on denied
transactions shall be retained for 3 years.

Registration.  No State requirements.

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

Arrests of denied persons.  If an applicant 
submits false information, DOS notifies ATF 
and agencies with jurisdiction over the 
venue of the transaction and the person's 
residence.  In cases involving outstanding
warrants, DOS notifies the agency with 
jurisdiction over the fugitive.

1999 firearm checks.  Transfers: 13,616 
applied; 247 denied (1.8%).

1999/2000 legislation.  A new chapter allowed 
the department of safety to act as a NICS 
point of contact. The retention period for 
records of approved transactions was shortened 
to 1 day. 

Relevant laws.  New Hampshire Revised 
Statutes, Chapters 159, 159-C and 159-D.

Source of information.  New Hampshire 
State Police.

New Jersey

State conducts NICS checks
State conducts separate checks

Prohibited persons.  A handgun permit or 
firearm identification card cannot be 
issued to a person who is convicted of a 
crime, drug dependent, confined for a mental 
disorder, a habitual drunkard, physically 
unable to handle firearms, under age 18, 
found to have submitted false 
information, or barred from firearm
possession by court order.  Issuance 
of a permit must not contravene the 
interest of public health, safety, or
welfare.

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

Regulated sales.  Permit regulations 
apply to all handgun and an identification 
card is required for long gun sales.  
Firearms cannot be pawned in New Jersey.

Permits.  State law mandates a permit to 
purchase a handgun, which is valid for 90 
days and may be renewed for an additional 
90 days.  A firearms purchaser identification 
card, which is valid until revoked for a 
violation of law, is require for unlimited
long gun purchases.  A permit is required to 
carry a handgun.  A license issued by the 
superior court is required to purchaseor 
possess an assault weapon.

Background checks.  Applicants for permits 
and identification cards are checked by 505 
local police departments, and the New Jersey 
State Police (NJSP) for some unincorporated 
areas.  If no cause for denial exists, a permit 
or identification card shall be granted
within 30 days (45 days for a nonresident) 
from the completion date of the investigation 
of the applicant.  In addition, NJSP is a 
point of contact for the NICS and conducts 
all checks required by the Brady Act.  
Licensed dealers call NJSP for instant checks 
on purchasers who have obtained a permit or an
identification card.

Waiting period.  No handgun shall be delivered 
by a licensed dealer unless a valid permit is 
exhibited and at least 7 days have elapsed since 
the date of application for the permit.

Information from applicants.  Identification 
card and permit applications require the 
person's name, residence, place of business, 
age, date of birth, occupation, gender, 
physical description, citizenship, and two 
references.  Questions on firearms 
disabilities must be answered.  First-
time applicants must submit fingerprints.

Purchaser fees.  The fingerprint fee is 
$49.  Document fees are $2 for a handgun 
permit and $5 for an identification card.  
The assault weapon and machine gun license 
fee is $75.

State data.  New Jersey maintains fugitive, 
criminal history, domestic violence 
restraining order, and misdemeanor, juvenile, 
and probation/parole data. Partial mental 
health data are available.

Check processing time.  Permit and 
identification card applications are normally 
processed in less than 1 month, or less than 
6 months if additional research is needed.

Retention of records.  Permit and 
identification card applications are retained 
indefinitely.

Registration.  Handguns and assault weapons 
are registered.

Appeals of denials.  A person who is denied 
a permit or identification card can appeal 
to the superior court where the application 
was filed, and the issuing authority shall 
be notified.

Arrests of denied persons.  Local police 
departments arrest denied persons in some 
cases.  NJSP's NICS Unit reports all 
denied persons to the Firearms Investigation 
Unit.  NCIC felony warrants are reported
to the fugitive unit; other felony warrants 
are reported to local departments.

1999 firearm checks.  Transfers: 37,563 
applied; 147 denied (0.4%).  Identification 
cards and permits: 38,777 applied; 645 
denied (1.7%).

1999/2000 legislation.  A central court 
restraining order registry that can be 
accessed for firearm permit checks was 
established.

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

Source of information.  New Jersey 
State Police.

New Mexico

FBI conducts NICS checks

Prohibited persons.  New Mexico makes it 
unlawful for a person under the age of 19 
to knowingly possess or transport a handgun 
except in limited circumstances. A felon 
(a person convicted by a court of the 
United States or any State or political 
subdivision thereof and sentenced to death 
or imprisonment of 1 or more years) cannot 
receive, transport, or possess a firearm.

Restoration of rights.  State law allows 
a convicted felon's right to possess 
firearms to be restored by a governor's 
pardon or upon the expiration of 10 years
after completion of the sentence without 
additional violations.

Regulated sales.  New Mexico law does 
not require background checks on firearms 
purchasers.

Permit.  A permit is not required to 
purchase firearms. State law does not 
provide for concealed firearm permits.

Background checks.  The State is not a 
point of contact for the NICS.  Licensed 
dealers in New Mexico contact the FBI for 
all checks required by the Brady Act.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None. 

State data.  New Mexico maintains criminal 
history, domestic violence misdemeanor, 
and juvenile data on a statewide network.  
These files are 30% automated and 70% manual, 
with search requests made by teletype to
the Department of Public Safety.

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under Federal 
law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

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

Source of information.  New Mexico 
Department of Public Safety.

New York

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  New York law prohibits 
issuing a license to carry or possess a 
handgun to any person who is not of good 
moral character, has been convicted of a 
felony or "serious offense," suffers from 
mental illness or has been confined to 
any hospital or institution for mental 
illness, has had a license revoked, is under 
a suspension or ineligibility order, did not
complete a safety course and test (West-
chester County only), or concerning whom 
no good cause exists for denial.  A long 
gun cannot be possessed by a person who 
has been convicted of a felony or serious 
offense or certified not suitable to possess 
a rifle or shotgun.  It is illegal for a 
person under 16 years of age to possess
a firearm except in limited circumstances.

Restoration of rights.  Certificates of 
relief from disabilities and good conduct 
are issued at the discretion of the court 
of conviction or the Board of Parole.  Even 
if relief from a firearms disability is
granted, a licensing official can rely on 
the underlying conviction to deny the 
offender's application for a handgun 
license.

Regulated sales.  Every person who 
receives a handgun must have a license.  
A firearms dealer is required to have a 
New York license.  A NICS check through a 
dealer is required on all persons who 
receive a firearm at a gun show.

Permits.  Each handgun purchased requires 
a license, issued by a designated county 
or city judicial or law enforcement officer, 
which specifies conditions for possession 
and carrying.  A license is valid throughout
the State, except in New York City, where 
additional rules of validity apply.  
Licenses are valid until revoked but have a 
fixed duration in New York City (3 years)
and in Nassau, Suffolk, and Westchester 
counties (5 years).  Purchasing additional 
handguns requires a license amendment.

Background checks.  Applicants for handgun 
licenses contact local sheriffs and police 
departments, which are partial points of 
contact for the NICS and conduct background 
checks on behalf of licensing officers. 
Fingerprints of applicants are processed 
by the Division of Criminal Justice Services 
and the FBI.  Applications must be acted 
upon within 6 months unless there is
good cause for delay. A NICS check is 
required for amendments to non-expiring 
licenses unless a check on the holder 
occurred during the preceding 5 years. 
Dealers contact the FBI for checks on 
long gun sales and firearm redemptions 
required by the Brady Act, and for checks 
on gun show transfers required by New York
law. ATF allows a license to be used for 
a purchase from a dealer without the 
Brady check.

Waiting period.  No State requirements.

Information from applicants.  License 
applicants provide: name, address, race, 
gender, height, weight, hair color, eye 
color, date of birth, Social Security
number, fingerprints, business address, 
previous address, occupation, character 
references, and the type, make, model, 
and serial number of the weapon.

Purchaser fees.  Handgun license fees vary 
by issuing authority, but are at least $74, 
the cost of State and Federal fingerprint 
processing.

State data.  New York maintains criminal 
history, fugitive, mental health, and 
domestic violence restraining order/
misdemeanor data.

Check processing time.  No statewide data 
available.

Retention of records.  The State Police 
Pistol Permit Bureau receives copies of 
approved license applications, renewals, and 
amendments.  Denied applications are 
retained at the discretion of the licensing 
authorities.

Registration.  Handguns are registered in 
New York.

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

Arrests of denied persons.  No data are 
available.

1999 firearm checks.  No statewide data 
available.

1999/2000 legislation.  Highlights included 
the addition of gun show checks.

Relevant laws.  Penal Law 265.00 et seq; 
400.00 et seq; Crim. Pro. Law 530.14.

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

North Carolina

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  North Carolina law 
requires that an applicant for a handgun 
purchase permit be of good moral character 
and desire possession of the weapon for 
protection, target shooting, collecting, or 
hunting.  A permit may not be issued to a 
person who is under indictment for or 
convicted of certain felonies; a fugitive;
an unlawful user of drugs or a drug addict; 
adjudicated mentally incompetent or committed 
to a mental institution; an illegal alien; 
dishonorably discharged from the armed 
forces; subject to a domestic violence
restraining order; or who has renounced 
U.S. citizenship.  It is illegal for a 
minor under the age of 18 to possess a 
handgun except in limited circumstances. 
A firearm cannot be purchased by a person 
who has been restrained by a domestic 
violence order, convicted of a felony, 
acquitted by reason of insanity, or
determined to lack the capacity to stand 
trial.

Restoration of rights.  Firearm rights 
can be regained if a conviction has been 
expunged or set aside (the person is not 
considered to have been convicted), or if
a person has been pardoned or had  civil 
rights restored (if the law of the 
applicable jurisdiction provided for loss 
of civil rights.  However, rights are not
regained if a pardon, expungement, or 
restoration of civil rights provides 
that the person may not ship, transport, 
possess, or receive firearms.

Regulated sales.  Handgun permit 
requirements apply to all transfers by 
licensed dealers and unlicensed persons.

Permits.  North Carolina requires a 
permit, valid for 5 years, to purchase a 
handgun.  A separate permit is required 
to carry a concealed handgun.

Background checks.  One-hundred county 
sheriffs are partial points of contact for 
the NICS and conduct checks on applicants 
for permits to purchase or carry a handgun. 
State law allows a sheriff 30 days to 
decide on a purchase permit application.  
Licensed dealers in North Carolina contact 
the FBI for checks on long gun sales and 
firearm redemptions.  ATF allows handgun
purchase and carry permits to be used 
at the point of sale in lieu of the NICS 
check.  These permits can be used to 
purchase multiple long guns, but only in a
single transaction.

Waiting period.  No State requirements.

Information from applicants.  Information 
requested from purchase permit applicants 
is at the discretion of the county sheriffs, 
in conformity with the standards set
forth in the permit statutes.

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

State data.  North Carolina maintains 
fully automated fugitive, criminal history, 
probation/parole, domestic violence 
restraining order/misdemeanor, and motor
vehicle data on a statewide network.

Check processing time.  No statewide 
information is available.

Retention of records.  County sheriffs 
destroy permits and licenses after 10 
years; other records are destroyed when 
their reference value ends.

Registration.  No State requirements.

Appeals of denials.  Handgun permit 
denials can be appealed to the Chief 
District Court Judge for the district 
in which the application is filed.

Arrests of denied persons. No information 
is available.

1999 firearm checks.  Carry permits: 
9,349 applied; 103 denied (1.1%).

1999/2000 legislation.  No significant 
changes.

Relevant laws.  North Carolina General 
Statutes 14-269.7 et seq; 14-402 et seq.

Source of information.  North Carolina 
State Bureau of Investigation.

North Dakota

FBI conducts NICS checks

Prohibited persons.  North Dakota law 
provides that a firearm cannot be possessed 
by or transferred to a person who has been 
convicted of a felony or a misdemeanor 
involving violence or intimidation, or was
diagnosed and confined or committed to a 
hospital or institution as a mentally ill 
person.  A handgun cannot be possessed by 
or transferred to a person under the
age of 18, except in limited circumstances.

Restoration of rights.  A convicted 
felon's right to possess a firearm can be 
restored 5 or 10 years after completion of 
the sentence if no additional violations
occur, depending on the type of offense 
committed.

Regulated sales.  State law does not 
require background checks on firearms 
purchasers.

Permits.  North Dakota does not require a 
permit to purchase a firearm.  A license is 
required to carry a concealed weapon.

Background checks.  The State is not a 
point of contact for the NICS.  Licensed 
dealers in North Dakota contact the FBI for 
all checks required by the Brady Act. ATF 
allows a concealed weapon license issued 
by the North Dakota Bureau of Criminal 
Investigation to be used for a purchase 
without a NICS check, if the license was 
issued prior to November 29, 1998, or on
or after December 1, 1999.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None.

State data.  North Dakota maintains 
partially automated fugitive and criminal 
history data on a statewide network. Court 
restraining order data are also available.

Check processing time.  Not applicable.

Retention of records.  No State 
requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under 
Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  North Dakota Century 
Code 62.1-01 et seq.

Source of information.  North Dakota 
Bureau of Criminal Investigation.

Ohio

FBI conducts NICS checks

Prohibited persons.  Ohio law prohibits 
possession of a firearm by a person who is 
a fugitive; under indictment for or 
convicted  of any felony offense of violence; 
adjudicated as a delinquent child for an
offense that if committed by an adult would 
have been a felony offense of violence; 
under indictment for or convicted of any 
offense involving possession or sale of
drugs; adjudicated as a delinquent child for 
an offense that if committed by an adult 
would have been an offense involving 
possession or sale of drugs; drug dependent; 
a chronic alcoholic; or under adjudication 
of mental incompetence.  Handguns cannot be 
transferred to or purchased by persons under 
21 years of age and firearms cannot be 
transferred to or purchased by persons under 
18 years of age, except in limited 
circumstances.

Restoration of rights.  A person convicted 
of or adjudicated delinquent for a 
felony offense of violence or a drug 
offense can have firearm rights restored 
by a court of common pleas if the person 
has been law abiding since completion of 
the sentence or adjudication.

Regulated sales.  State law does not 
require background checks on firearm 
purchasers.

Permits.  A permit is not required to 
purchase firearms. Ohio law does not 
provide for concealed firearm permits.

Background checks.  The State is not a 
point of contact for the NICS.  Licensed 
dealers in Ohio contact the FBI for all 
checks required by the Brady Act.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None.

State data.  Ohio maintains fully 
automated fugitive, criminal history, 
domestic violence restraining order/
misdemeanor, and probation/parole data 
on a statewide network.

Check processing time.  Not applicable.

Retention of records.  No State 
requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm by the FBI can appeal 
under Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes

Relevant laws.  Ohio Revised Code 
2923.11 et seq.

Source of information.  Ohio Bureau of 
Criminal Identification.

Oklahoma

FBI conducts NICS checks

Prohibited persons.  Oklahoma law prohibits 
transfer of a firearm to a person who is 
under 18 years of age (except in limited 
circumstances), to any convicted felon or 
adjudicated delinquent, any individual who 
is under the influence of alcohol or drugs 
or is mentally or emotionally unbalanced 
or disturbed.  It is unlawful for a firearm 
to be possessed by a person who is a convicted
felon, adjudicated delinquent, or subject 
to Department of Corrections supervision, 
probation, parole, or inmate status.

Restoration of rights.  In Oklahoma, a 
convicted felon's right to possess a firearm 
can be restored if the person was convicted 
of a non-violent felony, has received a full 
and complete pardon from the proper authority, 
and has not been convicted of any other
felony offense which has not been pardoned.  
An adjudicated delinquent regains the right 
to possess firearms 10 years after the 
adjudication occurred.

Regulated sales.  State law does not 
require background checks on firearms 
purchasers.

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 
of contact for the NICS.  Licensed dealers in 
Oklahoma contact the FBI for all checks 
required by the Brady Act. ATF allows 
exemptions from the NICS check for holders 
of concealed handgun permits issued between
May 16, 1996, and November 30, 1998.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None.

State data.  Oklahoma maintains fully 
automated criminal history data on a 
statewide network.

Check processing time.  Not applicable.

Retention of records.  No State 
requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under 
Federal law.

Arrests of denied persons.  Not applicable.
1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Oklahoma Statutes 21-
1271.1 et seq.

Source of information.  Oklahoma State 
Bureau of Investigation.

Oregon

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  Oregon law prohibits 
possession of a firearm by a person who is 
under 18 years of age, a juvenile offender, 
a felon, or mentally ill.  It is illegal to
transfer a firearm to a person who is under 
18 years of age, convicted of a felony, 
named in a felony warrant, free on felony 
pretrial release, found to be mentally ill,
or convicted of a misdemeanor for assault 
4th degree, menacing, reckless endangering, 
assaulting a public safety officer, or 
intimidation 2nd degree within the previous 
4 years.

Restoration of rights.  A convicted felon's 
right to possess a firearm can be restored 
by expungement or the passage of 15 years 
since completion of a sentence for a felony 
which did not involve criminal homicide or
the use of a weapon, provided there is 
only one felony conviction on the person's 
record.

Regulated sales.  State law requires 
background checks on persons who purchase 
handguns from licensed dealers.

Permits.  Oregon does not require a permit 
to purchase firearms but does require a 
license to carry a concealed weapon.

Background checks.  The Oregon State Police
Firearms Unit is a partial point of contact 
for the NICS and conducts checks on handgun 
purchasers required by Federal and State 
law.  When dealers call a 1-800 number for 
the firearms unit, queries are processed on
the purchaser and the handgun being sold; 
the dealer is given a transaction number 
for an approval or informed that the 
applicant is denied.  Dealers contact the 
FBI for checks on long gun transfers 
required by the Brady Act. ATF allows 
concealed weapon permits issued before
November 30, 1998, to be used for long 
gun purchases without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  A prospective
purchaser must submit the ATF form and a 
State Police thumbprint form to the dealer.

Purchaser fees.  A fee of $10, the maximum 
allowed by Oregon law, is charged for a 
background check by the firearms unit.

State data.  Oregon maintains criminal 
history, fugitive, stolen gun, domestic 
violence restraining order, juvenile, 
and mental health data on a statewide
computer network.

Check processing time.  Routine 
transactions are normally processed in 
less than 5 minutes; transactions that 
require additional research are normally 
processed in less than 3 days.

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

Registration.  No State requirements.

Appeals of denials.  Persons denied 
a handgun can appeal to the State Police 
Identification Services Section.

Arrests of denied persons.  For persons 
who submit false information or have 
outstanding warrants, the firearms unit 
notifies the agency with jurisdiction over
the individual.

1999 firearm checks.  Transfers: 58,324 
applied; 1,296 denied (2.2%).

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Oregon Revised Statutes 
166.410 et seq.

Source of information.  Oregon State 
Police.  Pennsylvania

State requests NICS checks

Prohibited persons.  Pennsylvania law 
prohibits possession of a firearm by a 
person who is convicted of "enumerated 
offenses" or equivalent offenses in 
other jurisdictions; a fugitive from 
justice; convicted of certain drug of-
fenses or equivalent offenses in other
jurisdictions; convicted of three alcohol
-related driving offenses in a 5-year 
period; adjudicated incompetent or
involuntarily committed to a mental 
institution; an illegal alien; subject 
to an active protection from abuse order
which provides for confiscation of 
firearms; adjudicated delinquent for 
certain offenses; or under the age of 18
except in limited circumstances.

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

Regulated sales.  Pennsylvania law 
requires background checks on persons 
who purchase firearms from State-
licensed dealers.  Check requirements 
also apply to transfers of handguns 
between unlicensed persons, which must 
occur at the place of business of a
licensed importer, manufacturer, or 
dealer, or at a county sheriff's office.  
Handguns cannot be pawned.

Permits.  A permit is not required to 
buy a firearm.  A license is required 
to carry a concealed firearm.

Background checks.  The Pennsylvania 
State Police (PSP) is a point of contact 
for the NICS and conducts all checks on 
sales or pawn redemptions required by
Federal and State law.  State licensees 
contact the Pennsylvania Instant Check 
System (PICS) by using a toll-free number.  
Many calls are instantly approved by
an automated processing system; only 
rotary phone calls and checks that 
identify a record are referred to an
operator.  ATF allows use of a license 
to carry issued before November 30, 1998, 
to waive a NICS purchase check (but not 
the State check).

Waiting period.  No State requirements.

Information from applicants.  Handgun 
purchasers provide: name, address, 
race, gender, height, weight, hair 
color, eye color, date of birth, 
Social Security and driver's license 
numbers, occupation, and home and
work phone numbers plus the make, 
model, serial number, caliber, and 
barrel length of the firearm.

Purchaser fees.  State law requires 
fees of $2 for a background check and 
a $3 surcharge for each firearm
subject to Pennsylvania sales tax.

State data.  A statewide network 
contains automated criminal history, 
fugitive, protection order, and probation
/parole data.  Mental health data are 
available to PSP only.  A challenge 
database contains completed research on 
persons found to have no prohibiting
record after a review.

Check processing time.  Over 50% of 
calls are approved automatically in 2 to 
3 minutes on average. An additional 30% 
of calls are completed by an operator 
while on the original call.  Any 
further research is completed within 15 
days.

Retention of records.  Approved 
transaction data are not retained.  
PSP retains records on denied persons
for 20 years.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm may appeal to the PSP 
Instant Check System Legal Unit. 
Subsequent appeals may be filed with the 
State attorney general and commonwealth 
court.

Arrests of denied persons.  Individuals 
who submit false information are reported 
to ATF and may also be investigated by state 
police troops or other agencies with 
jurisdiction over applicants.  If a person 
is denied due to an outstanding warrants, 
PSP immediately notifies the agency with 
jurisdiction over the fugitive.

1999 firearm checks.  Transfers: 557,992 
applied; 18,875 denied (3.4%).

1999/2000 legislation.  The law barring 
firearm possession by drug offenders was 
amended to include persons who committed 
equivalent offenses in other jurisdictions.  
A locking device is now required with most 
handgun transfers.

Relevant laws.  Pa. Statutes 18-6101 et 
seq.

Source of information.  Pennsylvania State 
Police.

Rhode Island

FBI conducts NICS checks
State conducts separate checks

Prohibited persons.  Rhode Island law 
prohibits purchase or possession of firearms 
by persons who are convicted of a crime of 
violence; fugitives from justice; convicted 
of certain felonies; subject to electronic
surveillance or monitoring; mentally in-
competent; drug addicts; habitual drunkards; 
or illegal aliens.  It is illegal to sell, 
transfer, give, or convey a firearm to a 
person under 18 years of age without consent
of a parent or guardian.  A person under 18 
years of age cannot possess a firearm except 
in limited circumstances. Handgun purchasers
must be 21 years of age and complete a 
firearm safety course.

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

Regulated sales.  State law requires 
background checks on persons who receive 
firearms from licensed dealers and unlicensed 
individuals.

Permits.  Rhode Island does not require a 
permit to purchase firearms.  A permit is 
required to carry a concealed handgun.  A 
person under 18 years of age must have a 
permit to participate in legal firearm
activities.

Background checks.  Thirty-nine local police
departments conduct checks on firearms 
purchasers required by Rhode Island law.  
Sellers transmit purchase applications by 
certified mail or in person to the police 
departments.  If notice of denial is not
received by the seller within 7 days, a 
transfer can proceed.  The State is not a 
point of contact for the NICS.  Licensed 
dealers in Rhode Island contact the
FBI for all checks required by the Brady Act.

Waiting period.  A 7-day waiting period, 
which begins at noon on the day after 
an application is filed, is required for 
all firearm transfers, regardless of when 
a background check is completed.

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

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

State data.  Rhode Island maintains fully 
automated fugitive, criminal history, 
probation/parole, and domestic violence 
restraining order/misdemeanor data on a
statewide network.

Check processing time.  Background checks 
are normally completed within 5 days.

Retention of records.  The checking agency 
and the State attorney general receive 
copies of each purchase application, and 
are required to retain approved applications 
for no more than 30 days.  Denied 
applications are retained indefinitely.  
Original copies of applications must be 
retained by sellers for 6 years.

Registration.  No State requirements.

Appeals of denials.  State law does not 
provide a procedure for appealing a 
firearm denial.  A person who is denied 
by the FBI can appeal under Federal law.

Arrests of denied persons.  No information 
is available.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  Statutes that 
restrict the sale of a firearm to a minor 
were amended to make it illegal to 
transfer, give, or convey a firearm to 
a minor without the consent of a parent 
or guardian.  Amendments raised the 
minimum legal age for possessing a 
firearm without a permit from 15 to 
18 years of age.

Relevant laws.  Rhode Island General 
Laws 11-47-1 et
seq.

Source of information.  Rhode Island 
Department of the Attorney General.

South Carolina

FBI conducts NICS checks 

Prohibited persons.  South Carolina 
law prohibits handgun sales to or 
possession  by any person who is 
convicted of a crime of violence; a 
fugitive; a habitual drunkard or drug 
addict; adjudicated mentally 
incompetent; a member of a subversive 
organization; under 21 years of 
age (with limited exceptions); or
adjudged unfit to carry or possess a 
pistol.  A person who buys a handgun 
from a licensed dealer must be a South 
Carolina resident.  Handgun purchases 
are limited to one in each 30-day 
period.

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

Regulated sales.  South Carolina law 
does not require background checks on 
firearms purchasers.  Retail dealers 
of handguns must have a State license.

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 of contact for the NICS.  Licensed 
dealers in South Carolina call the FBI 
for all checks required by the Brady Act.  
ATF allows a concealed handgun permit
issued by the South Carolina Law 
Enforcement Division (SLED) to be 
used for a purchase without a NICS
check.

Waiting period.  No State requirements.

Information from applicants.  South 
Carolina's
application for a handgun purchase 
from a dealer includes the applicant's 
name, home address, business address, 
race, gender, height, weight, hair 
color, eye color, date of birth, place 
of birth, social security, driver's 
license and telephone numbers, State or
military identification number, and date 
of application plus the type, make, 
model, and serial number of the
weapon.

Purchaser fees.  No State requirements.

State data.  South Carolina maintains 
fully automated fugitive, criminal history, 
domestic violence misdemeanor/restraining 
order, and juvenile data on a statewide 
network.  In addition, SLED maintains a
"30-day, one handgun purchase" file.

Check processing time.  Not applicable.

Retention of records.  SLED retains a copy 
of every handgun purchase application filed 
with a State-licensed dealer.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under 
Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  Carry permits: 
5,070 applied; 103 denied (2.0%).

1999/2000 legislation.  The executive order 
that authorized the SLED to be a point of 
contact for the NICS expired October 1, 1999.

Relevant laws.  South Carolina Code of Laws
16-23-10 et seq; 23-31-10 et seq.

Source of information.  South Carolina Law
Enforcement Division.

South Dakota

FBI conducts NICS checks

Prohibited persons.  South Dakota law 
prohibits possession of a firearm by a 
person who has been convicted of a crime 
of violence or a felony, or who has a 
prior conviction for drug possession.  A 
person under the age of 18 cannot possess 
a handgun except in limited circumstances.  
It is illegal to transfer a firearm
to a known prohibited person or to a 
person under the age of 18 if the 
transferor knows or reasonably believes
that the minor recipient intends to use 
the firearm to commit a crime of violence.

Restoration of rights.  The right to 
possess a firearm can be restored through 
a governor's pardon or the passage of time.  
A person who was last discharged from 
prison, jail, probation, or parole for a 
crime of violence or a felony controlled 
substances/marijuana violation (except 
mere possession) more than 15 years
ago regains the right to possess or control 
a firearm. For felony possession of 
controlled substances or marijuana, the 
time period is 5 years.  However, no
person convicted of a crime of violence 
may ever lawfully purchase a pistol at 
retail.

Regulated sales.  State law does not 
require background checks on firearms 
purchasers.

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 of contact for the NICS.  Licensed 
dealers in South Dakota contact the FBI for 
all checks required by the Brady Act.  ATF 
allows a concealed handgun permit issued 
before November 30, 1998, to be used for 
a purchase without a NICS check.

Waiting period.  No seller may deliver 
a handgun to a purchaser until 48 hours 
have elapsed from the time of the sale, 
regardless of when a background check is
completed.  Holders of valid, concealed 
handgun permits are exempt from the 
waiting period.

Information from applicants.  State law 
requires the following information from 
a handgun purchaser: complete name, date 
and place of birth, address, occupation, 
physical description, the date and hour 
of application, and a signed statement.

Purchaser fees.  None.

State data.  South Dakota maintains 
fully automated fugitive, criminal history, 
probation/parole, and domestic violence 
protective order data on a statewide 
network. A driver's history file is 
available to check for additional data.  
Domestic violence misdemeanors can be 
identified by researching criminal 
history.

Check processing time.  Not applicable.

Retention of records.  County sheriffs 
receive copies of handgun purchase 
applications from sellers.  State
law requires sheriffs to retain their 
copies of applications for a period of 
1 year.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm by the FBI can appeal 
under Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  South Dakota Codified 
Laws, Chapters 22-14 and 23-7.

Source of information.  South Dakota 
Attorney General's Office. 

Tennessee

State requests NICS checks

Prohibited persons.  Tennessee law 
prohibits the intentional, knowing, 
or reckless sale, loan, or gift of a
firearm to a person who is a minor or 
intoxicated.  In addition, a licensed 
dealer is prohibited from selling a
firearm to a person who is addicted to 
alcohol or ineligible to receive a 
firearm under 18 U.S.C. 922.  A
handgun cannot be possessed by a person 
who is convicted of a felony involving 
the use of force, violence, or a deadly 
weapon, convicted of a felony drug 
offense, less than 18 years of age 
(except in limited circumstances), or 
under the influence of alcohol or any 
controlled substance.

Restoration of rights.  A convicted 
felon's firearm rights may be restored 
if the person was pardoned, the 
conviction was expunged or set aside, 
or the person's civil rights were 
restored by the circuit court.

Regulated sales.  State law requires 
background checks on persons who purchase 
firearms from licensed dealers.

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

Background checks.  The Tennessee 
Bureau of Investigation (TBI) is a point 
of contact for the NICS and conducts all 
checks required by Federal and State law.  
Licensed dealers contact TBI by telephone; 
250 high volume dealers can also use 
computers with a "point-of-sale device."

Waiting period.  No State requirements.

Information from applicants.  Tennessee's
application includes the purchaser's 
name, date and place of birth, address, 
Social Security number, race, gender, 
thumbprint, and date of application. The 
make, model, caliber, and manufacturer's 
number is 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 Enforcement
Communications Network maintains criminal 
history, fugitive, domestic abuse 
restraining order, and sex offender data.  
Domestic abuse misdemeanor convictions can 
be identified if annotated on a fingerprint 
card by a local agency.

Check processing time.  Routine 
transactions are normally processed in 
less than 5 minutes. Transactions which 
require additional research are
normally processed in less than 1 day.

Retention of records.  Information on 
approved transactions is not retained by 
TBI, except for approval numbers and dates 
assigned.  Information on denied 
transactions is retained indefinitely, 
but is destroyed if the decision is 
reversed on appeal.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm can appeal to TBI.

Arrests of denied persons.  TBI notifies 
ATF of persons who submit false 
information.  For persons with outstanding 
warrants, TBI notifies the agency with
jurisdiction over the dealer's premises 
and the agency which entered the warrant.

1999 firearm checks.  Transfers: 
246,430 applied; 16,325 denied (6.6%).

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Tennessee Code 
39-17-1301 et seq.

Source of information.  Tennessee Bureau 
of Investigation.

Texas

FBI conducts NICS checks

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

Restoration of rights.  A convicted 
felon's right to possess a handgun on the 
premises where he or she lives can be 
restored 5 years after completion of the
sentence if no additional violations occur.

Regulated sales.  State law does not require
background checks on firearms purchasers.

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

Background checks.  The State is not a point 
of contact for the NICS.  Licensed dealers 
in Texas contact the FBI for all checks 
required by the Brady Act. The Texas 
Department of Public Safety issues concealed 
handgun licenses that will exempt holders 
from a NICS check at the point of sale.  
ATF also allows an exemption for holders 
of peace officer licenses issued before 
November 30, 1998.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm by the FBI can appeal under 
Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  Carry permits: 
30,349 applied; 400 denied (1.3%).

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Texas Penal Code 30.06; 
42.12; 46.01 et seq; Family Code 71.18; 
Government Code, Chapter 411, Subchapter H.

Source of information.  Texas Department 
of Public Safety.

Utah

State requests NICS checks

Prohibited persons.  Utah law prohibits 
possession of a firearm by a person who is 
convicted of a felony; addicted to the use 
of any narcotic drug; declared mentally 
incompetent; or on parole or probation for 
a felony.  A handgun may not be purchased, 
possessed, or transferred by a person who 
is convicted of or has been adjudicated 
delinquent for a felony within the past
10 years; under indictment for a felony; 
an unlawful user of a controlled substance; 
a drug dependent person; adjudicated as 
mentally defective or committed to a mental 
institution; an illegal alien; dishonorably
discharged from the Armed Forces; or who 
has renounced United States citizenship.  
A firearm cannot be possessed by or provided 
to a minor under 18 years of age except in 
limited circumstances.

Restoration of rights.  The right to 
possess a firearm can be restored if a 
conviction is expunged or otherwise removed 
from the record.

Regulated sales.  State law requires background
checks on persons who purchase firearms from
licensed dealers.

Permits.  Utah does not require a permit to 
purchase firearms.  A permit is required to 
carry a concealed firearm.

Background checks.  The Utah Bureau of 
Criminal Identification (BCI) is a point of 
contact for the NICS and conducts all 
checks required by Federal and State law.   
Licensed dealers request instant checks by 
using a 1-800 number, a regular telephone 
number, or a computer.  Holders of concealed 
firearm permits issued by BCI are exempt 
from point-of-sale background checks under 
an ATF ruling and Utah law. BCI verifies
the validity of permits presented to 
dealers.

Waiting period.  No State requirements.

Information from applicants.  Utah requires 
an applicant's name, address, race, gender, 
height, weight, hair color, eye color, date 
of birth, Social Security number, and date 
of application.

Purchaser fees.  BCI charges $7.50 for a 
background check.

State data.  Utah maintains fully automated 
fugitive, criminal history, domestic abuse 
restraining order/misdemeanor, adjudicated 
mentally defective, and motor vehicle data on 
a statewide network.

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

Retention of records.  State law allows BCI 
to retain data on approved transactions for 
a maximum period of 20 days.  Data on denied 
transactions are retained indefinitely.

Registration.  No State requirements.

Appeals of denials.  A person who is denied 
a firearm can appeal to BCI and further to 
a State review board.

Arrests of denied persons.  A person who 
submits false information or has out-
standing warrants is reported by BCI to 
the agency with jurisdiction over the
location of the dealer.

1999 firearm checks.  Transfers: 73,746 
applied; 2,155 denied (2.9%).  Carry 
permits: 7,960 applied; 114 denied (1.4%).

1999/2000 legislation.  The firearm back-
ground check law was amended to authorize 
dealer requests and BCI responses by 
electronic means other than telephone,
and allow BCI to adjust the fee charged 
for a check.  An amendment provided that 
a person who is adjudicated delinquent 
for any felony offense under the laws of 
the United States, Utah, or any other 
State may not purchase, possess, or 
transfer a handgun.

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

Source of information.  Utah Bureau of 
Criminal Identification.

Vermont

State requests NICS checks

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

Restoration of rights.  No State 
requirements.

Regulated sales.  Vermont enforces the 
Brady Act's requirement of background 
checks on persons who purchase or redeem 
firearms from licensed dealers.

Permits.  State law does not require a 
permit to purchase or carry firearms.

Background checks.  The Newport City Police
Department is the State's point of contact 
for the NICS and conducts all checks 
required by the Brady Act. Instant checks 
are conducted on persons who purchase 
or redeem firearms from licensed dealers.

Waiting period.  No State requirements.

Information from applicants. Prospective 
firearms purchasers submit the standard 
ATF form.  No separate State form is 
required.

Purchaser fees.  None.

State data.  Vermont maintains automated 
files containing fugitive and domestic 
abuse misdemeanor information.  Criminal 
history, probation/parole, and court 
restraining order data are also available. 

Check processing time.  Routine 
transactions are normally processed in 
less than 5 minutes. Transactions which 
require additional research are
normally processed in less than 3 days.

Retention of records.  Information on 
approved transactions is destroyed within 
20 days.  Information on denied transactions 
is retained indefinitely.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm can appeal in writing to 
the NICS point of contact agency.

Arrests of denied persons.  No information 
is available.

1999 firearm checks.  Transfers: 20,777 
applied; 572 denied (2.8%).

1999/2000 legislation.  The Newport City 
Police Department became Vermont's point 
of contact for all NICS firearm checks.

Relevant laws.  Vermont Statutes 13-4001 
et seq.

Source of information.  Vermont 
Department of Public Safety; Newport 
City Police Department.

Virginia 

State requests NICS checks

Prohibited persons.  Virginia law 
prohibits possession of a firearm by a 
person who is acquitted by reason of 
insanity; adjudicated incompetent or 
incapacitated; involuntarily committed; 
subject to a protective order; convicted 
of a felony; or found guilty as a 
juvenile of a delinquent act which would 
be a felony if committed by an adult. It 
is unlawful for an alien to possess an
assault firearm, or for a person under 18 
years of age to possess a handgun or 
assault firearm.  Handguns cannot be 
purchased by certain persons who have
been convicted of two misdemeanor drug 
offenses within 36 months.  A firearm 
purchaser must have resided in Virginia 
for at least 30 days.  A person cannot 
purchase more than one handgun every 30
days unless authorized by the State 
Police.

Restoration of rights.  The governor may 
grant a pardon or removal of political 
disabilities to a person who committed a 
felony or delinquent act, and may 
condition reinstatement of firearm 
rights.  The circuit court may issue a 
permit to carry a firearm to a person
whose civil rights have been restored.

Regulated sales.  State law requires 
background checks on persons who purchase 
firearms from licensed dealers.

Permits.  A permit is not required to 
purchase a firearm.  A permit issued by a 
circuit court is needed to carry a 
concealed handgun.

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

Waiting period.  No State requirements.

Information from applicants.  The 
purchaser's name, date and place of birth, 
current address, Social Security or other 
identifying number, race, gender, height, 
and weight are required.  The number of 
firearms purchased in each transaction is 
recorded by categories (rifle, shotgun, 
pistol, or revolver).

Purchaser fees.  VSP charges $2 for a 
check on a Virginia resident and $5 for a 
nonresident.  State data.  Virginia 
maintains fully automated criminal history, 
fugitive, juvenile, mental health, domestic
violence restraining order/misdemeanor, 
and drug user data, plus a file on 
misdemeanor drug convictions and a
calendar file on handgun purchases.

Check processing time.  Routine 
transactions are normally processed in 
less than 2 minutes; transactions that 
require additional research are normally 
processed in less than 1 day.

Retention of records.  Data on approved 
transactions may be retained for 30 days; 
however, multiple handgun transaction 
records and a log of requests (with
purchaser name, dealer and approval numbers, 
and date) may be maintained for 12 months.  
Records of denied transactions are retained 
for 2 years.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm may request correction of 
a criminal history record or appeal to the 
circuit court within 30 days of such denial.

Arrests of denied persons.  VSP arrests 
all persons denied because of an outstanding 
warrant, and arrests persons who submit 
false information in some cases. Using set 
criteria, VSP, in conjunction with
commonwealth attorneys, decides which 
denied persons should be prosecuted under 
Virginia law.

1999 firearm checks.  Transfers: 201,596 
applied; 2,987 denied (1.5%).

1999/2000 legislation.  A new statute 
requires that any person who sells firearms 
at a licensed dealership or gun show must 
submit to a background check and obtain a 
seller identification number from the State
Police.

Relevant laws.  Code of Virginia Title 
18.2, Chapter 7, Article 7.

Source of information.  Virginia State 
Police.

Washington

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  Washington law 
prohibits possession of a firearm by a 
person who is convicted of a serious 
offense, felony, or misdemeanor as 
specified by statute; involuntarily 
committed for mental health treatment; 
under 18 years of age; or free on bond 
or personal recognizance pending trial, 
appeal or sentencing for a serious 
offense.

Restoration of rights.  An offender's right 
to possess firearms may be restored by a 
governor's pardon.  A person without further 
violations for 5 years after completing a 
sentence may petition the court of record
for restoration of firearm rights, except 
for certain offenders who are not eligible 
for restoration.

Regulated sales.  State law requires back-
ground checks on persons who purchase 
handguns from licensed dealers.

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

Background checks.  Two hundred ninety-one
sheriffs' and police departments are partial 
points of contact for the NICS and conduct 
checks on handgun purchasers required by 
Federal and State law.  Checks are conducted 
upon receiving applications from dealers
in person, by fax, or by regular or certified 
mail.  State law provides that a 
handgun can be delivered to the
purchaser when the dealer is notified 
of an approval or when 5 business days 
have elapsed.  The time allowed for a 
check can be extended up to 30 days when 
the applicant has a record which lacks 
certain dispositions, or up to 60 days 
for persons who are new Washington
residents or lack the required 
identification.  Licensed dealers contact 
the FBI for checks required by the Brady 
Act on persons who purchase long guns or
redeem pawned firearms.  ATF and State 
rules allow holders of concealed handgun 
licenses issued between July 1, 1996, 
and November 30, 1998, to make purchases 
without an NICS check.

Waiting period.  No State requirements.

Information from applicants.  The 
Washington handgun application requires 
the purchaser's name, address, race, 
gender, height, weight, eye color, 
date of birth, place of birth, driver's 
license or ID number, and date of 
application plus the type, make, model, 
and serial number of the weapon.

Purchaser fees.  None.

State data.  Washington maintains fully 
automated fugitive, criminal history, 
and domestic violence restraining order 
data on a statewide network.  Some domestic 
violence misdemeanor and juvenile data are
also available.  Mental health records can 
be accessed manually.

Check processing time.  Background checks 
are completed in less than 60 days.

Retention of records.  Checking agencies 
retain approved applications for a maximum 
period of 20 days and denied applications 
indefinitely.  Dealers retain copies of 
applications for 6 years.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a handgun may appeal to the denying 
agency and further to superior court.

Arrests of denied persons.  In cases 
of outstanding warrants, checking agencies 
normally notify the agency with 
jurisdiction over the fugitive.

1999 firearm checks.  No statewide 
information is available.

1999/2000 legislation.  No significant 
changes.

Relevant laws.  Washington Revised 
Code 9.41.010 et seq.

Source of information.  Washington State 
Patrol.

West Virginia

FBI conducts NICS checks

Prohibited persons.  West Virginia law 
prohibits possession of a firearm by a 
person who is convicted in any court of a 
crime punishable by imprisonment for a
term exceeding 1 year; addicted to alcohol; 
an unlawful user of or addicted to any 
controlled substance; adjudicated as a 
mental defective or committed involuntarily 
to a mental institution; an illegal alien;
dishonorably discharged from the armed 
forces; subject to a domestic violence 
protective order; convicted in any court 
of a misdemeanor crime of domestic violence; 
or a minor under the age of 18 (except in
limited circumstances).  It is illegal to 
sell, rent, give, or lend a firearm to a 
prohibited person.

Restoration of rights.  State law provides 
that prohibited persons may petition the 
circuit court of the county where they reside 
for an order which allows firearm possession.  
The court may enter an order if it finds 
such person capable of exercising the
responsibility concomitant with possession 
of a firearm.

Regulated sales.  West Virginia does not 
require background checks on firearms 
purchasers.

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 of contact for the NICS.  Licensed 
dealers in West Virginia contact the FBI 
for all checks required by the Brady Act.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  None.

State data.  West Virginia maintains 
fully automated fugitive and criminal 
history data on a statewide network, 
and manually maintains some domestic 
abuse data.

Check processing time.  Not applicable.

Retention of records.  No State 
requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm by the FBI may appeal 
under Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  No statewide data 
are available.

1999/2000 legislation.  The firearm possession 
statute was amended to restate existing 
prohibitions, add prohibitions against 
domestic violence offenders, and create a 
felony offense for certain persons who
possess a firearm illegally.

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

Source of information.  West Virginia State 
Police.

Wisconsin

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  Wisconsin law prohibits
possession of firearms by certain persons 
who are convicted of felonies, adjudicated 
delinquent for acts that would be felonies 
if committed by adults, found not guilty of 
a felony or a similar offense in another
jurisdiction by reason of mental disease, 
committed for treatment and ordered not to 
possess a firearm, or under 18 years of age.

Restoration of rights.  A convicted felon's 
right to possess firearms may be restored 
by a governor's pardon or Federal relief.  
A person who was adjudicated delinquent may 
regain firearm rights if the court determines 
that the offender is not likely to act in
a manner dangerous to public safety.

Regulated sales.  State law requires 
background checks on persons who purchase 
handguns from licensed dealers.

Permits.  A permit is not required to 
purchase firearms. State law does not 
provide for concealed firearm permits.

Background checks.  The Wisconsin Department 
of Justice (DOJ) is a point of contact for 
the NICS and conducts checks on handgun 
purchasers required by Federal and State law.  
Licensed dealers request instant checks by 
using a 1-800 number to contact DOJ.  State 
law requires that a check be completed
within 48 hours; however, the time limit 
can be extended by 3 days for felony charges 
with no recorded disposition.  Dealers 
contact the FBI for checks required by the 
Brady Act on persons who purchase a
long gun or redeem a pawned firearm.

Waiting period.  A 48-hour waiting period, 
which begins when DOJ acknowledges receipt 
of purchaser information from a dealer, is 
required for handgun sales regardless of 
when a background check is completed.

Information from applicants.  Handgun 
purchasers must provide the following 
information: name, previous names, address, 
race, gender, height, weight, date of
birth, hair color, eye color, date of 
application, and certification that no 
disqualifying grounds exist.

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

State data.  Wisconsin maintains fully 
automated fugitive, criminal history, 
juvenile, domestic violence misdemeanor/
restraining order, and mental health data
on a statewide network.  Probation and 
parole files are kept manually.

Check processing time.  Routine 
transactions are normally processed in 
less than 2 minutes. Transactions that 
require additional research normally
are processed in less than 1 day.

Retention of records.  Data on approved 
transactions are retained for no more 
than 30 days.  Data on denied transactions 
are retained indefinitely.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a handgun may appeal to DOJ and 
further to State court.

Arrests of denied persons.  DOJ reports 
denied persons to ATF, the Wisconsin 
Department of Investigation, local police, 
and district attorneys.

1999 firearm checks.  Transfers: 36,751 
applied; 527 denied (1.4%).

1999/2000 legislation.  No significant 
changes.

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

Source of information.  Wisconsin 
Department of Justice.

Wyoming

FBI conducts NICS checks

Prohibited persons.  Wyoming law prohibits
possession of a firearm by a person who 
has previously pleaded guilty to or been 
convicted of committing or attempting to 
commit a violent felony or a felony of
causing bodily injury to a peace officer, 
and has not been pardoned.

Restoration of rights.  A person convicted 
of a violent felony may regain the right to 
possess a firearm through a governor's 
pardon.

Regulated sales.  State law does not require
background checks on firearms purchasers.

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

Background checks.  The State is not a 
point of contact for the NICS.  Licensed 
dealers in Wyoming contact the FBI for 
all checks required by the Brady Act. ATF 
allows a holder of a concealed weapon 
license issued by the Wyoming Attorney 
General to purchase firearms without a 
NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State 
requirements.

Purchaser fees.  No State requirements.

State data.  Wyoming maintains a statewide 
network with fully automated records of 
criminal histories and fugitives who are 
wanted in felony or misdemeanor warrants.

Check processing time.  Not applicable.

Retention of records.  No State 
requirements.

Registration.  No State requirements.

Appeals of denials.  A person who is 
denied a firearm by the FBI may appeal 
under Federal law.

Arrests of denied persons.  Not applicable.

1999 firearm checks.  Carry permits: 
1,185 applied; 20 denied (1.7%).

1999/2000 legislation.  No significant 
changes.

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

Source of information.  Wyoming Attorney 
General.

American Samoa

FBI conducts NICS checks
Territory conducts separate checks

Prohibited persons.  The Territory of 
American Samoa does not allow handguns on 
the island.  Police officers are not required 
to carry firearms in the performance of 
their normal duties.  However, police
officers are authorized by statute to 
carry firearms, providing they have 
completed firearms training and are
certified by a competent authority.  A 
person's baggage is checked for firearms 
upon arrival.  Shotguns of various gauges 
and .22-caliber rifles are allowed.  It 
is unlawful to transfer a firearm to a 
person who is prohibited from possession, 
less than 18 years old (except in limited 
circumstances) or intoxicated.  A firearm 
cannot be possessed by a person who has
been convicted of or confined for a 
dangerous felony in the territory or 
elsewhere during the preceding 5 years,
or who is a fugitive from justice, an 
habitual drunkard, a drug addict, or 
currently adjudged mentally incompetent.

Restoration of rights.  Restoration of 
firearm rights may be given at the discretion 
of the attorney general or the Department of 
Public Safety, upon review of an application.

Regulated sales.  Territorial licensing 
requirements apply to all transfers of 
legal firearms.

Permits.  A license is required to possess, 
import, or sell firearms.  Each license 
issued shall specify the number, quantity, 
and description of the arms which may be 
possessed, imported or sold, or otherwise
transferred.  A license to possess must 
be renewed every year and must be in the 
licensee's possession when carrying such 
arms.

Background checks.   The checks required 
by American Samoa law on purchasers of 
shotguns and .22-caliber rifles are performed 
by the territorial police, after the owner 
brings in the sales receipt and the weapon.  
The police conduct background checks and
issue licenses.  The process includes 
checking NCIC through the American Samoa 
Office of Territorial and International 
Criminal Intelligence and Drug Enforcement 
(OTICIDE), as well as checking with
police departments on neighboring islands.

Waiting period.  No requirements.

Information from applicants.  Territorial 
law allows requests by the police for any 
information as may be reasonably required.

Purchaser fees.  A fee of $2 is charged 
by the police for first time license applicants, 
and $2 is charged for renewal of a license.  
The late registration fee is $2.

State data.  Information is maintained 
manually.

Check processing time.  No information is 
available.

Retention of records.  License records are 
retained in accordance with territorial 
statutes of limitation or as long as a 
licensee is in possession of firearms.

Registration.  Legal firearms are marked 
with such letters as may be designated by 
the commissioner of public safety and also 
marked with a number indicating the order 
of the license and registration as 
specified in the license, unless the arm 
has a plainly visible and distinctive 
serial number stamped on it.

Appeals of denials.  An appeal of a 
license denial may be addressed to the 
attorney general.

Arrests of denied persons.  No information 
is available.

Relevant laws.  American Samoa Code 
46.4201 et seq.

Source of information.  American Samoa 
Office of Territorial and International 
Criminal Intelligence and Drug Enforcement 
(OTICIDE).

Guam

FBI conducts NICS checks 
Territory conducts separate checks

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

Restoration of rights.  A convicted felon's 
right to receive 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 an identification 
card.

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

Background checks.  The Guam Police Department
(GPD) conducts background checks on 
identification cards applicants.  FBI data 
and local files are checked. ATF has ruled 
that an identification card issued before
November 30, 1998, is an alternative to a 
NICS check.

Waiting period.  No requirements.

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

Purchaser fees.  First time applicants 
must submit a money order or bank draft 
payable to the Federal Bureau of Investigation 
in the amount of $24, for the FBI background 
information fee.  Once the background check 
is cleared and the application is approved, 
the applicant is charged a fee of $15 for 
the identification card (renewable every 
3 years).  There is also a fee of $20 for 
the registration of each firearm.

State data.  Guam agencies maintain fugitive, 
criminal history, and mental health data.

Check processing time.  The identification 
card process can take as much as 6 to 10 
weeks while the applicant's background is 
being checked.

Retention of records.  GPD retains all 
identification card applications 
indefinitely.

Registration.  After a weapon is purchased, 
the receipt is taken to the GPD.  The 
weapon is inspected by the duty armorer 
and registered by the department.  Private 
sales and transfers to or from pawnbrokers 
require a new registration.

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

Arrests of denied persons.  No information 
is available.

Relevant laws.  Guam Code 10-60100 et seq.

Source of information.  Guam Police 
Department.

Puerto Rico

FBI conducts NICS checks
Commonwealth conducts separate checks

Prohibited persons.  Puerto Rico law 
prohibits issuing a license to have or 
possess firearms to any person who has 
been convicted of any of the following
offenses or of the attempt to commit the 
same, in or outside Puerto Rico: murder 
in any degree, manslaughter, kidnaping, 
rape, mayhem, intent to commit any felony, 
aggravated assault and battery with a 
weapon, robbery, burglary, misappropriation, 
arson, aggravated arson, incest, or 
violation of certain statutes.  In addition, 
a license cannot be issued to any person 
who is mentally unbalanced, a habitual
drunkard, a narcotics or drug addict, or 
who has been convicted of a violation of 
the provisions hereof.

Restoration of rights.  No regulations cover
restoration of rights.

Regulated sales.  The Weapons Law 
establishes that no dealer in firearms 
or ammunition shall deliver a firearm or 
issue the corresponding delivery permit to 
a purchaser without the latter producing 
a license to have and possess a firearm.  
No weapon is sold to the holder of a license 
from which the sales permit has been
removed.  Licensing requirements apply 
to all firearm sales.

Permits.  Puerto Rico requires a license 
to purchase or carry a firearm.

Background checks.  License applications 
require background checks conducted by 
the Police of Puerto Rico.  Applications 
are received by certified mail or in person.  
The commonwealth is not a point of contact 
for the NICS.  Dealers must contact the 
FBI for all checks required by the Brady 
Act.

Waiting period.  No requirements.

Information from applicants.  Fingerprints 
are required 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 manual database.

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

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

Registration.  Every firearm sold is 
registered with the Superintendent of 
Police.

Appeals of denials.  For denied license 
applicants, the police have an internal 
appeals process with written guidelines, 
and there is an external appeals process
that involves the court system.

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

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

Source of information.  Chief of the Weapons
Registry for the Police of Puerto Rico.

Virgin Islands

FBI conducts NICS checks
Territory conducts separate checks

Prohibited persons.  Virgin Islands law 
provides that a license to have and possess 
a firearm cannot be issued to a person who 
is convicted in or outside the territory
of a crime of violence, a drug law violation, 
or a firearms law violation; mentally 
incompetent; a habitual drunkard; a drug 
addict; or deemed to be an improper
person by the police.

Restoration of rights.  No information is 
available.

Regulated sales.  Licensing requirements apply 
to all firearm sales.

Permits.  A license is required to possess, 
transport, or carry a firearm.  A purchase 
coupon is issued to the applicant along with 
the license.  The coupon is then retained 
by the firearm dealer.

Background checks.  License applications 
require a background check by the Virgin 
Islands Police Department, which includes 
contacting the FBI for a NICS checks.  The 
applicant completes and returns a notarized 
application.  If no problems are found during
the check, the information is forwarded to 
the Police Commissioner, who approves or 
disapproves the application.  An ATF ruling 
allows a territorial license to be used for 
a purchase without a NICS check at the
point of sale.

Waiting period.  Firearm transfers require 
a 48-hour waiting period, regardless of 
when a background check is completed.

Information from applicants.  A license 
application is accompanied by four photographs 
and notarized statements from character 
references.  Fingerprints are required. Other 
required information varies with the
type of application.

Purchaser fees.  The Virgin Islands charges 
a $5 application fee, a $50 registration fee 
per weapon, and a $15 late registration fee. 
The renewal fee is $30 per weapon.  New 
photographs are required with each renewal.

State data.  No information is available.

Check processing time.  No information is 
available.

Retention of records.  No information is 
available. 

Registration.  After purchase, the bill of 
sale and the weapon are brought to the police, 
who record all pertinent information.

Appeals of denials.  A person who is denied 
a license can appeal to territorial court.

Arrests of denied persons.  No information 
is available.

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

Source of information.  Virgin Islands 
Police Department.

Washington, D.C.

FBI conducts NICS checks
District conducts separate checks

Prohibited persons.  District of Columbia 
laws prohibit the purchase of handguns, 
except by law enforcement officers, 
retired District police officers, military 
personnel, licensed dealers, and 
organizations that employ special 
commissioned police.  A registration 
certificate for a legal firearm cannot 
be issued to a person who is under 18 
years of age (those between the ages of 
18 and 21 need a notarized statement from 
a parent or guardian); convicted of or 
under indictment for a crime of violence 
or weapons offense; convicted of an 
offense involving drugs, assaults, or 
threats; acquitted by reason of insanity; 
adjudicated a chronic alcoholic; committed 
to a mental hospital; suffering from
a physical defect and unable to use a 
firearm safely; adjudicated negligent in 
a firearm mishap causing death or serious 
injury; or otherwise ineligible under 
District law.  Registration applicants are 
required to demonstrate adequate vision and 
pass a written test evidencing satisfactory 
knowledge of district firearm laws.

Restoration of rights.  Persons convicted 
of offenses involving drugs, assaults, or 
threats, and certain other prohibited persons, 
may be allowed to register a firearm
after a 5-year disqualification.

Regulated sales.  A registration certificate 
shall not be issued for a sawed-off shotgun, 
machine gun, short-barreled rifle, or handgun 
not validly registered prior to September 24, 
1976.  Exceptions to the handgun prohibition 
exist for companies employing at least one 
commissioned special police officer or
employee licensed to carry a firearm 
(where the handgun is used solely during 
the employee's duty hours), and for retired 
police officers.  Private individuals may 
only sell or transfer legal firearms and
ammunition to a licensed dealer in the 
District, and may only purchase long guns 
in person from a licensed dealer.  Delivery 
of a firearm to a District resident will 
be withheld until a registration 
certificate is issued by the Metropolitan 
Police Department.

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

Background checks.  The Chief of Police 
conducts background checks and issues 
registration certificates. The district 
is not a point of contact for the NICS;
licensed dealers contact the FBI for 
all checks required by the Brady Act.  
An ATF ruling allows registration
certificates issued before November 30, 
1998, to be used for a purchase without 
a NICS check.

Waiting period.  No requirements.

Information from applicants.  Registration 
information includes the applicant's name, 
present address, previous addresses, 
occupation, business address, date and 
place of birth, gender, history with 
firearms, intended use and location of 
the firearm, plus information about the 
firearm to be transferred and the
transferor.  Fingerprints and proof of 
District residency are required, and two 
recent photographs must be submitted.

Purchaser fees.  The fingerprint fee is 
$26.50 and the firearms registration fee 
is $10.

State data.  No information is available.

Check processing time.  A check is 
processed in approximately 6 to 8 weeks.

Retention of records.  No information is 
available.

Registration.  All handguns owned prior 
to September 24, 1976, were required to be 
registered on or before November 22, 1976.  
Long guns acquired after September 24, 
1976, must also be registered.

Appeals of denials.  Registration denials 
and revocations may be appealed to the Police 
Department. Evidence supporting reconsideration 
must be submitted otherwise the denial or 
revocation will be upheld.  A police decision 
may be appealed to the District of
Columbia Court of Appeals.  In the event 
of a final unfavorable decision, the 
applicant or registrant must lawfully 
dispose of the firearm.

Arrests of denied persons.  A violation of 
the District's firearms control act may 
result in a $1,000 fine, 1 year
in jail, or both.
                                   
Relevant laws.  District of Columbia Code 
6-2312 et seq; 22-3201 et seq; Firearms 
Control Act of 1975.

Source of information.  United States 
Attorney's Office, District of Columbia.

State contacts for the Firearm Inquiry 
Statistics (FIST) project

Alabama
Isaac Kervin
Crim. Justice Info. Center
770 Washington Av., Rm 350
Montgomery, AL  36130
(334) 242-4900

Alaska
Diane Schenker
Department of Public Safety
Division of Administrative Services
5700 East Tudor Road
Anchorage, AK  99507
(907) 269-5092

Arizona
Teresa Fuentes
Department of Public Safety
Instant Check Unit
P.O. Box 6638
Phoenix, AZ  85005
(602) 223-2702

Arkansas
John Ray White
Attorney General's Office
323 Center Street, Suite 200
Little Rock, AR  72201
(501) 682-2007

California
Steve Buford
Department of Justice
Firearms Program
P.O Box 820200
Sacramento, CA  94203
(916) 227-3500

Colorado
Susan Kitchen
CBI Instant Check Unit
Dept. of Public Safety
690 Kipling Street, Rm. 3000
Denver, CO  80215
(303) 239-4235

Connecticut
Robert Kiehm
Department of Public Safety
License and Firearms Unit
1111 Country Club Road
Middletown, CT  06457
(860) 685-8160
Delaware
Teresa Jones
State Police, BOI
Firearms Transfer Program
P.O. Box 430
Dover, DE  19903
(302) 739-2933

Florida
Martha Wright
Department of Law Enforcement
Criminal Justice Information
P.O. Box 1489
Tallahassee, FL  32302
(850) 488-4931

Georgia
Terry Gibbons
Bureau of Investigation
Crime Information Center
P.O. Box 370808
Decatur, GA  30037
(404) 244-2638

Hawaii
Liane Moriyama
Criminal Justice Data Center
Kekuanao'a Building
465 South King St., Rm. 101
Honolulu, HI  96813
(808) 587-3101

Idaho
Robert Taylor
Bureau of Criminal Identification
700 South Stratford
Meridian, ID  83642
(208) 884-7132

Illinois
Kirk Lonbon
State Police
Division of Administration
100 Iles Park Place
Springfield, IL  62708
(217) 782-5015

Indiana
Karen Butt
State Police Firearm
Indiana Government Center North
100 N. Senate Ave.
Indianapolis, IN  46204
(317) 232-8264

Iowa
Carroll L. Bidler
Office of Public Safety
Division of Criminal Investigation
Wallace State Office Building
Des Moines, IA  5031
(515) 281-8422

Kansas
Charles Sexson
Bureau of Investigation
1620 Southwest Tyler
Topeka, KS  66612
(785) 291-3029

Kentucky
Charles Bowman
State Police
Information Services Center
1250 Louisville Road
Frankfort, KY  40601
(502) 227-8700

Louisiana
Paul Edmonson
Office of State Police
Concealed Handgun Section
P.O. Box 66375
Baton Rouge, LA  70896
(225) 925-4867  

Maine
Barry Hathaway
State Police
Department of Public Safety
36 Hospital Street
Augusta, ME  04333
(207) 624-7062

Maryland
W.T. Szimanski
State Police
Firearms Enforcement Division
7751 Washington Boulevard
Jessup, MD  20794
(410) 799-0191

Massachusetts
Barry LaCroix
Criminal History Systems Board
200 Arlington Street
Boston, MA  02150
(617) 660-4600

Michigan
Debra Smith
Department of State Police
Central Records Division
7150 Harris Drive
Lansing, MI  48913
(517) 322-5518

Minnesota
Karen R. McDonald
Crim. Justice Info. System
Department of Public Safety
1246 University Avenue
St. Paul, MN  55104
(651) 642-0602

Mississippi
S. David Bufkin
Department of Public Safety
Records and Identification Div.
P.O. Box 958
Jackson, MS  39205
(601) 987-1586

Missouri
T. P. McGrail
State Highway Patrol
Criminal Records Division
P.O. Box 568
Jefferson City, MO  65102
(573) 526-6160

Montana
Peter Donovan
Department of Justice
Scott Hart Building, Rm. 374
Helena, MT  59620
(406) 444-2966

Nebraska
David Dishong
State Patrol
P.O. Box 94907
Lincoln, NE  68509
(402) 479-4099

Nevada
Grace L. George
Highway Patrol
555 Wright Way
Carson City, NV  89711
(702) 687-6675

New Hampshire
Patrick Poirier
Department of State Police
James H. Hayes Safety Building
10 Hazen Drive
Concord, NH  03305
(603) 271-3575

New Jersey
Mike Aneskewich/
John OBrien
Division of State Police
P.O. Box 7068
Trenton, NJ  08628
(609) 882-2000

New Mexico
Paul V. Herrera
Department of Public Safety
Technical & Emergency Support
P.O. Box 1628
Sante Fe, NM  87504
(505) 827-9191

New York
William Sillery
Division of Crim. Justice Service
Office of Operations
Stuyvesant Plaza
Albany, NY  12203
(518) 457-6050

North Carolina
Donald Roberts
Bureau of Investigation
P.O. Box 29500
3320 Old Garner Road
Raleigh, NC 27626
(919) 662-4509

North Dakota
Robert J. Helten
Bureau of Criminal Investigation
Information Services Division
P.O. Box 1054
Bismarck, ND  58502
(701) 328-5500
Ohio
Lonnie Rudasill
Bureau of Criminal Identification
P.O. Box 365
London, OH  43140
(740) 845-2000

Oklahoma
Linda DeArman
Bureau of Investigation
6600 North Harvey,
Oklahoma City, OK  73116
(405) 848-6724

Oregon
Clifford W. Daimler
State Police
Identification Services
3772 Portland Road NE
Salem, OR  97303
(503) 378-3070

Pennsylvania
John Thierwechter
State Police
Records and Information Services
1800 Elmerton Avenue
Harrisburg, PA  17110
(717) 783-5592

Rhode Island
Vincent McAteer
Dept. of the Attorney General
Bureau of Criminal Investigation
150 South Main
Providence, RI  02903
(401) 421-5268

South Carolina
Carlotta Stackhouse
Law Enforcement Division
4400 Broad River Road
Columbia, SC  29221
(803) 896-7143

South Dakota
Robert Grandpre
Division of Criminal Investigations
Administration Services
500 East Capitol Avenue
Pierre, SD  57501
(605) 773-3331

Tennessee
Doug Woodlee
Bureau of Investigation
901 R.S. Gass Blvd.
Nashville, TN  37216
(615) 744-4000

Texas
David Gavin
Department of Public Safety
Crime Records Division
P.O. Box 4143
Austin, TX  78765
(512) 424-2077

Utah
Joyce Carter
Bureau of Criminal Identification
4501 South 2700 West
Salt Lake City, UT  84119
(801) 965-3810

Vermont
Max Schleuter
Criminal Information Center
Department of Public Safety
P.O. Box 189
Waterbury, VT  05676
(802) 244-8727

Virginia
R. Lewis Vass
State Police
Records Management Division
P.O. Box 27472
Richmond, VA  23261
(804) 674-2148

Washington
Debbie Anderson
State Highway Patrol
Identification Section
P.O. Box 42619
Olympia, WA  98504
(360) 570-5230

West Virginia
Thomas A. Barrick
Department of State Police
725 Jefferson Road
South Charleston, WV  25309
(304) 746-2177

Wisconsin
Mary Studevant
Department of Justice
Criminal Records Section
123 West Washington Ave.
Madison, WI  53702
(608) 267-2776

Wyoming
James M. Wilson
Division of Criminal Investigation
316 West 22nd Street
Cheyenne, WY  82002
(307) 777-7523

American Samoa
Jacinta Brown
O.T.I.C.I.D.E.
P.O. Box 4567
Pago Pago, AS  96799
(684) 633-2827

Guam
Ray Fernandez
Police Department
287 West Obrien Drive
Agana, GU  96910
(671) 475-8459

Puerto Rico
Julio L. Rosa 
Department of Justice
P.O. Box 9020192
San Juan, PR  00902-0192
(787) 729-2484

Virgin Islands
Anthenia Brown
Firearms Unit Supervisor
V. I. Police Department
Criminal Justice Complex
St. Thomas, VI  00802
(809) 774-2211

Washington, D.C.
Thomas Zeno
U.S. Attorney's Office
555 4th Street, N.W.
Washington, D.C.  20001
(202) 514-6922
               
End of file
04/20/01 ih