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

Survey of State Procedures               
Related to Firearm Sales,                
Midyear 2001       

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



April 2002, NCJ 192065


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This file is text only without graphics and many of the 
tables. A Zip archive of the tables in this report in 
spreadsheet format (.wk1) and the full report including
tables and graphics in .pdf format are available from:
http://www.ojp.usdoj.gov/bjs.abstract/ssprfs01.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
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U.S. Department of Justice
Bureau of Justice Statistics
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 otherwise 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.  Tom Hester 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               
Approval systems 
Checking process 
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

Applications for firearm transfers 
and permits processed by States                           

Applications for firearm permits processed 
by local agencies, grouped by population 
level of community served                   

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

Minors: Restrictions based on age or 
juvenile offender status                   

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

Background check and permit procedures                           

Fees, record retention, and appeals                           

Databases accessed for firearm checks                    

Firearm laws                 

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

Laws regarding background checks, waiting 
periods, transaction records, registration, 
false applications, and appeals
                           
Revisions of sales regulations and other 
significant changes in State firearm laws                   

Agencies conducting firearm background 
checks             

Notification procedures of State agencies 
regarding denied persons subject to arrest                       
State contacts for FIST
               
State agency Internet sites

Introduction

This report is the sixth in a series. It
describes laws, regulations, procedures, 
and information systems related to sales 
and other transfers of firearms that were 
in effect as of June 30, 2001. 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 
Bureau of Justice Statistics (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 and fifth editions 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.)  More recent Bulletins have 
summarized counts of firearm transfer 
applications and denials for the first two 
years of the permanent Brady Act provisions 
(for the most recent, see Background Checks 
for Firearm Transfers, 2000, June 2001, NCJ
187985).

(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 procedures, 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 background 
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, 2001, 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 followed by the FIST project,
the information collected for this survey
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 
*  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 age 18 or a handgun
to a person less than age 21. 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
Prevention 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.  As of June
30, 2001, agencies in 21 States issued
purchase or carry permits that exempt
the holder from a NICS check.  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 photo identification issued by a 
government agency.  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.  Most inquiries are
conducted by telephone.  The FBI is
developing Internet access for dealers;
computerized access is already available 
through some POC agencies. The FBI or 
the POC checks available Federal and 
State databases 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.

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
at the licensee's discretion.

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

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. NICS 
denial information is electronically 
transmitted by the FBI to ATF on a daily 
basis. If the FBI discovers that a firearm 
has been transferred to a prohibited person, 
ATF is informed so that a firearm retrieval
investigation can begin.  ATF has developed 
a screening system that uses information 
from the NICS to identify potential and 
active violent offenders who attempt to 
purchase firearms.  (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, 2001, 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 34 States and by POC 
agencies for 16 States.  In a few
States, the FBI conducts the NICS
check on certain pawn transactions
instead of the POC. Since July 1, 
2000, the only change in the allocation 
of NICS responsibilities occurred in 
Oregon. On December 8, 2000, as required 
by a voter referendum, Oregon added long
gun checks to the duties performed by
its POC agency.  Most States have
designated a single agency with statewide 
jurisdiction as their NICS point of 
contact. Some States have multiple points 
of contact, which are usually county sheriffs 
or municipal police departments.

In addition to transfer checks, POC
agencies may also conduct NICS checks on 
persons who apply for a State permit 
required to receive a firearm. Agencies 
that issue ATF-qualified permits either 
access the NICS index themselves or request 
a check by sending information (such as
fingerprints) to the FBI.

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).  For
an extensive FBI summary of NICS
procedures and statistics, see NICS
2000 Operations Report, April 2001. 
Internet sites for State agencies that
conduct firearm background checks are
listed in the Appendix.  Further
information on Federal law and BJS-
related publications is available
from the following Internet sites:

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

FBI: http://www.fbi.gov/hq/cjisd/nics/
index.htm

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

Firearm sales topics  

Prohibited persons

The Federal Gun Control Act's categories 
of prohibited persons (see Background) are 
the prevailing minimum nationwide.  
Firearm transfer to or possession by such 
persons is unlawful. State statutes may 
include additional or more restrictive 
prohibitions. These 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.  The most common categories of 
prohibited persons are described below. 
The number of States that have enacted 
each type of prohibition 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. Some statutes disqualify all 
convicted felons from firearm possession.  
Other statutes disqualify persons who 
committed specific felonies, which may be
enumerated in the statute or categorized
by terms such as "crimes of violence,"
"serious offenses," or "firearm offenses." 
Many statutes extend purchase or
possession restrictions to persons
convicted of a felony or a similar offense
in other jurisdictions.  Only Vermont
lacks a statute that bars firearm
possession by convicted 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 number 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.)  

In addition to restricting the rights of
convicted felons, 12 States prohibit
firearm purchase or possession by at
least some persons who have been charged 
with a felony by indictment or other 
procedure. Three of these States, Colorado, 
Florida, and Tennessee, extend the prohibition 
to persons who have been arrested for certain
disqualifying offenses.  Firearm rights
are restored if an arrest or charge does
not result in a disqualifying conviction.

Misdemeanor offenders (19 States) --
Generally, a misdemeanor is a crime
punishable by incarceration for less 
than 1 year.  A few States have offenses
defined as misdemeanors that are 
punishable by incarceration for more than 
1 year. The types of misdemeanor-level 
offenses included in prohibitory statutes 
vary widely. Several State statutes prohibit 
firearm purchase or possession by persons 
who have been convicted of a domestic 
violence misdemeanor. Other States include 
misdemeanors within disqualifying categories 
such as "crimes of violence" or "firearm 
offenses."  Requirements for misdemeanor 
offenders to regain firearm rights after a 
conviction are generally less stringent than 
those for felons. A few States disqualify 
persons who have been arrested for or charged 
with certain misdemeanors.

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. 
sec 921 (a)(15) defines "fugitive 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 if a certain 
number of years have elapsed after discharge 
from a mental institution, or if documentation 
from a mental health professional demonstrates
that the person's 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 or alcohol abusers and offenders (drug 
-- 29 States; alcohol   19 States) -- 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 disqualify 
persons who committed offenses involving 
alcohol, such as driving while intoxicated. 
Generally, drug and alcohol offenders
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 (26 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 20 States, and 
access to handguns is restricted in 6 
additional 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 predate the enactment of
federal minimum ages for possession
and purchase of firearms.  Limitations
based on age apply to handguns in 49
States and to long guns in 37 States.
The minimum age for unrestricted
purchase and possession of a handgun
by a minor is 21 in 16 States, 19 in 1
State, 18 in 28 States, 16 in 3 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 31 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 persons who
are illegal aliens, or have failed to
complete a firearm safety course, or
renounced their citizenship, or were
dishonorably discharged from military
service.  In addition, several States
prohibit a "straw purchase," an attempt
to buy a firearm on behalf of a known
prohibited person.  (See Jurisdictional
summaries for details.)  

Between July 1, 2000, and June 30, 2001, 
nine States enacted new categories of 
prohibited persons or amended existing 
prohibitions. Several amendments added 
restrictions on minors or juvenile offenders.  
Colorado made it illegal to transfer a 
long gun to a person under age 18 without 
parental consent. Maryland and New Jersey
enacted prohibitions against certain
persons who have been adjudicated delinquent.  
New Jersey and New York increased the age 
required for a handgun purchase permit to 
21 years.

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. sec
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 on
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. sec  922(v)). 
Prohibitions against transfer and
possession of certain subcategories 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
5-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 Approval systems.)

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.

Statutes that require prospective
purchasers to obtain a permit or
undergo a  background check 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.

Dealer transfers  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,
background 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, 20 regulate dealer
transfers of all types of firearms, 2
regulate dealer transfers of handguns
and assault weapons, and 9 regulate
only handgun transfers by dealers. 
Several States regulate redemptions of
pawned firearms in the same manner
as sales   by licensing pawnbrokers and
requiring background checks on
redemptions.  The pawning of any
firearm is prohibited in New Jersey,
while five other States ban the pawning
of handguns.

Private sales  The laws of 17 States
regulate at least some private sales by
requiring that purchasers obtain a
permit or undergo a background check
before receiving a firearm.  Of these
States, 11 require that the person
receiving the firearm have a permit and
7 require the receiver to undergo a
check (Connecticut is counted twice
because it mandates both procedures
for handguns). Ten States regulate
private transfers of all types of 
firearms, one regulates private transfers 
of handguns and assault weapons, and
six regulate only handgun transfers
Most of these regulations apply to 
transfers initiated at any location, 
whether it be a person's home, a gun 
show, or anywhere else.  In a few
States, the only private transfers
regulated are those that occur at gun
shows.  Private sellers are required to
request background checks in variety of
ways directly from a checking agency,
through a police station, or through a
licensed dealer (at the dealer's
premises or a gun show).

Gun shows  Seven States have statutes 
that specifically cover gun shows, 
including two (in Colorado and Oregon) 
that were enacted by voter referendums 
since June 30, 2000. Most of these 
statutes define a gun show as an event 
where a certain number of firearms are 
exhibited for transfer (for example, 25 
or more in Colorado and Oregon; 50 or 
more in Connecticut; 25 or more pistol 
or revolvers or 50 or more firearms, 
rifles, or shotguns in New York). Some 
laws also define a gun show according to 
the number of vendors who are exhibiting 
firearms for transfer.

Gun show regulations affect organizers,
vendors, and purchasers.  For example,
California requires a show organizer to
obtain a certificate of eligibility from 
the Department of Justice, provide local 
law enforcement with a list of the show's
sellers, and exclude minors unless they
are accompanied at all times by a
parent or guardian.  Colorado,
Connecticut, New York, and Oregon
require vendors to request an instant
check on every unlicensed person who
attempts to make a purchase. 
Colorado and New York require a show
organizer to secure the presence of at
least one licensed dealer to process the
background checks. In Connecticut
and Oregon, any seller can contact the
State checking agency directly. 
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.  Virginia 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 State Police.

Residency rules.  The Gun Control Act
generally prohibits interstate transfers
of firearms between unlicensed persons
(18 U.S.C. sec 922(a)(5)), a prohibition
intended to channel interstate transfers
through licensed dealers who are
subject to scrutiny by ATF.  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's place of
business is located.  A rifle or shotgun
may be transferred in person by a dealer 
to a nonresident if the transfer
complies with the laws of the State
where the dealer's place of business is
located and the State where the
purchaser resides.  (18 U.S.C. sec
922(b)(3).)  To ensure compliance with
Federal law, many States have passed
statutes that allow nonresidents to
purchase long guns.  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 that they could not
obtain in their home State.

Handgun purchase limits.  There are no
Federal restrictions on the frequency 
of firearm acquisition or on the quantity 
of firearms that can be acquired. 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.

In addition to the gun show amendments, 
the major change in regulated sales since 
June 30, 2000 was that Oregon added 
background checks on long gun purchasers 
to the duties performed by its statewide
checking agency.

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 a handgun or a long gun. 
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 background 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
a NICS check at the point of sale. 
Some carry permits can be used to
exempt the holder from a background
check required by State law.  As of
June 30, 2001, 19 States issued carry
permits that exempted the holder from 
a check under the permanent Brady law
or a State law or both.

Certain permits issued before November 
30, 1998, were "grandfathered" in as 
exempt from the NICS check because they 
were qualified by ATF under the interim
Brady law. Many of these grandfathered 
permits have now expired.  In addition, 
a few States exempt certain permit 
holders from waiting period requirements.
Concealed firearm permits usually
regulate the carrying of a handgun
beyond the holder's residence or
business premises.  Some States allow
a handgun to be carried openly, but
most require a permit holder to conceal
the weapon.  Restrictions on permit
holders vary considerably in regard to
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.

As of June 30, 2001, carry permits are
required in 42 States; Vermont allows
carrying without a permit, and seven
States prohibit concealed firearms. 
Nearly all of the States that prohibit
concealed firearms are in the Midwest.

Approval systems

Over 3,000 State and local agencies
are required by law to determine the
eligibility of persons who attempt to
receive a transferred firearm. Systems
for determining the legal  eligibility 
of prospective purchasers 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 firearms 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. In a few States, 
an unlicensed seller can contact the
checking agency directly. In some
other States, unlicensed sellers are
required to request a check through a
licensed dealer or a law enforcement
agency.

Purchase permit systems require a
prospective firearm purchaser to file an
application with the appropriate checking 
agency, which is given time to investigate 
the applicant's background. An approved 
applicant must present the permit to a 
seller in order 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 systems 
require a 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. A few 
purchase permit systems mandate a waiting 
period after an application is filed and 
before the permit can be issued or a 
firearm acquired.  Almost all approval 
systems limit the time allowed for a 
checking agency to conduct a background 
investigation and reach a decision on 
the applicant's eligibility, with time 
limits imposed either by State statute 
or application of the Brady Act's 3-day 
limit.

The time limit for an instant approval
system is usually 3 days or less, while
other approval systems allow 7 to 10
days.  The time limits for checking on a
purchase permit application range from
2 days in Nebraska to 180 days in New
York.  Most purchase permit systems
allow 7 to 30 days for a background
check; some carry permit statutes allow
a longer time period.  

Some statutes allow an extension of the
time available to complete a back-
ground check, if specific circumstances
are present.  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.  In a few States, the
checking agency is allowed more time
to investigate an applicant who resides
in another State.

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.

Checking process

Development of the NICS has increased the 
national uniformity of procedures used to 
approve or disapprove firearm transfers.  
However, approval systems, established under
State law, still employ a variety of
procedures to determine the eligibility of
prospective purchasers.

Federal and State laws require prospective 
firearm purchasers to provide information 
that is needed to initiate a background 
check. Under federal law, receiving a firearm 
from a licensed dealer requires submission of
a Firearm Transaction Record (ATF Form 4473) 
that contains the applicant's full name, 
date of birth, place of birth, current 
address, gender, height, weight, and race.  
A few State instant approval systems only 
require information from the ATF form, but 
most require the completion of an additional
form as well. All purchase permit systems 
require specific information from applicants 
except in North Carolina, where the county 
sheriff is allowed to determine what 
information is necessary.  State laws 
vary widely in regard to the types of 
information required from applicants 
(see Jurisdictional summaries).

Depending on the type of approval system, 
checking agencies receive applicant 
information in person or by mail, telephone, 
or the Internet (see Approval systems).  
Under Federal law and the laws of 19 States, 
making a false statement in an attempt to 
obtain a firearm or a permit may be grounds
for denial of an application, or subject
the applicant to a fine or incarceration
(see table 10 for a list of statutes).

The laws of 24 States allow a checking
agency to charge a fee for processing a
sale transaction or issuing a purchase
permit.  Nine States do not charge a fee
for a point-of-sale background check.
Point-of-sale fees (usually collected by
dealers and remitted to the State) range
from $2 in Illinois, Pennsylvania, and
Virginia to $15 in Nevada.  California's
sale check fee is $14.00 for a single
handgun or any number of long guns,
plus $10 for each additional handgun
purchased.  Minnesota checking agencies 
are not allowed to charge for a purchase 
permit.  Hawaiian checking agencies collect 
a fee from first-time applicants but do 
not charge for permit renewals.  Fees 
charged for purchase permits range from 
$5 in several States to at least $74 
(and possibly more) in New York. Several 
States include a charge that covers 
fingerprint processing by the FBI. In 
some States, the checking agency can adjust 
the amount of the fee or is given discretion
as to whether any fee will be charged.

Generally, automated checking agencies 
conduct a single background check that 
incorporates Federal and State requirements 
for each transaction.  Checking agencies 
normally access the FBI's National Crime
Information Center (NCIC), a set of
Federal databases with fugitive and
other prohibited person data, and the
Interstate Identification Index, a national
system which points to States with a
criminal history record on an individual. 
NICS point of contact agencies also
access the FBI's NICS Index, which
contains records on prohibited persons
compiled from other Federal and State
agencies.  

State records accessed for background
checks may be in a statewide database
or maintained by county courts or other
local agencies.  As of June 30, 2001, all
States maintained criminal history
databases that recorded felony arrests
and dispositions.  More than half of the
States maintained data on fugitives
from justice, court restraining orders,
and domestic violence misdemeanor
convictions.  About a third of the States
maintained data on juvenile offenders
and persons who have been adjudicated 
mentally ill or committed to a mental 
institution.

Since the implementation of the Brady
Act in 1994, records of disqualifying
factors other than felonies have
become more widely accessible. The 
effectiveness of background checks is 
affected 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.  

The exhaustiveness of a background
check may also be limited by missing
arrest dispositions and other instances
of incomplete records.  The time an
agency needs to obtain complete
information may be lengthened if
records on an applicant are maintained
in another jurisdiction. (For information
on the automation and completeness of
criminal history records see Survey of
State Criminal History Information
Systems, 1999, June 2000, NCJ 184793.)

The majority of background checks processed 
by State approval systems are initiated with 
information received by telephone or computer 
from a licensed dealer. State instant approval 
systems use a variety of terminology,
but all generate an initial response to
the dealer indicating that the transaction
may proceed, may not proceed, or must
be delayed pending further research on
an applicant's records.  If no record
retrieval problems emerge, most State
instant approval systems are able to
process a check and provide a final
response to a dealer in less than five
minutes.  Some systems are able to
complete the checking process in less
than one minute (see Jurisdictional
summaries).

If a transaction is allowed to proceed,
the firearm dealer is given an approval
number to record on the forms filed by
the applicant.  Federal and State
procedures vary as to the period of time
for which the approval remains valid
(the period during which the applicant
must complete a transaction by receiving 
a firearm from the dealer). For example, 
an approval by the FBI is valid for 30 
days; an approval of a private sale by 
the Oregon State Police is valid for 24 
hours. A person who does not receive the 
firearm during the applicable period is 
required to undergo another background 
check.

State laws differ regarding the length of
time that a transaction can be delayed
and the circumstances that allow a delay.  
A checking agency's search for a missing 
arrest disposition is the most common 
reason for a delay. If a final disposition 
such as a conviction cannot be found, 
Federal or State law usually dictates the 
checking agency's response to the firearm 
dealer. Some States apply the Brady Act's 
rule that if a disqualifying conviction 
record is not found within 3 days, a 
transfer may proceed at the discretion of 
the dealer. Other States have laws and 
regulations that allow their agencies to 
deny a transfer if an applicant was 
arrested for a disqualifying offense 
(regardless of whether the disposition has 
been recorded).

A checking agency may continue to research 
an incomplete record even after a proceed or 
do not proceed response has been communicated 
to a dealer.  If a disqualifying record is 
found at a later date, the dealer may be
contacted to determine if the applicant 
actually completed the transaction and
received a firearm. If the transfer has
occurred, law enforcement officers may
locate the purchaser and confiscate the
firearm.

Appeal procedures are available to
applicants who have been denied a
firearm because the checking agency
cannot locate an exonerating record
such as an acquittal or a dismissal of
criminal charges (see Appeals of
denials).  

Another aspect of the checking process
involves notifying other law enforcement 
agencies when a prohibited person is 
identified. Persons prevented from receiving 
a firearm or a permit by a background 
check may be subject to arrest and prosecution 
if they are wanted in an outstanding warrant 
or have submitted false information on
their application. Agencies that are
given notice of denied persons may
include special police units, the Bureau
of Alcohol, Tobacco, and Firearms, and
agencies with jurisdiction over the
location of the transaction (usually a
dealer's premises) or the applicant's
residence. These types of agencies may 
also be contacted about persons who obtain 
a firearm and are later found to have a 
prohibiting record.

Various types of paper and electronic
records are generated by application
and background check procedures for
firearm transfers.  Whether these
records are saved or destroyed by
checking agencies depends upon the
applicable Federal or State law (see
Retention of records/registration).

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 back-
ground, 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 Approval systems).

Twelve States require waiting periods,
which range in length from 1 to 14 days. 
Of these States, 11 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, 2000, and 
June 30, 2001, only Alabama changed its 
requirements, eliminating a 2-day waiting 
period for handgun transfers. However, the
Alabama legislation provided that the
waiting period will be reinstated if the
Brady instant check law is repealed.

Waiting periods have been enacted 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

Federal and State laws determine the
types of information that must be
provided by prospective firearm
purchasers, as well as the types of
information that must be retained or
purged by checking agencies or other
agencies.  These laws also determine
the length of time that records must 
be saved and when records must be 
destroyed.  Some checking agencies 
receive and retain paper records of 
permit or purchase applications. 
Nevertheless, most information on 
purchasers is transmitted over the
telephone or via computer by a licensed
dealer, and stored electronically by 
the checking agency.

Records of permit applications or sale
transactions are retained by checking
agencies in order to monitor agency
performance or achieve a law enforcement 
objective.  With computerized checking 
systems, the complete electronic record 
of a transaction is generally maintained 
for a short period of time in order to 
facilitate audits of system performance 
or correction of errors.  In some States,
certain information such as a name,
approval number, and date from an
approved transaction may be retained
for auditing purposes for a longer period
than other data about the applicant. 
Checking agency records may also be
referenced in order to verify that
licensed firearms dealers are
maintaining records as required by law.

In States that require a firearm owner 
to have a license or identification card,
records of approved applications are
retained in order for law enforcement
officers to determine whether a
particular person is legally in
possession of a firearm.  States that
require a waiting period retain records
of approved transactions in order to
verify that a seller waited the proper
length of time before transferring a
firearm to the buyer.  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.

Requirements for maintaining or purging 
transaction data vary among the States and 
is dependent upon State legislation. As of 
June 30, 2001, Federal law prohibits the FBI 
from retaining records of approved 
transactions beyond 90 days. In contrast, 
retention of information on denied transactions 
is seldom limited, due to its usefulness for 
judicial and law enforcement purposes.

Thirty-two States require a permit, point-
of-sale background check, or waiting period 
before a firearm transfer can be completed.  
Checking agencies in nearly half of 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 of firearms or the 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 table 10). The laws
of several States prohibit registration of
firearms.

Since July 1, 2000, only Alabama changed 
its law on retention of records, by 
repealing a statute that required a
handgun seller to obtain a statement
from a purchaser and forward a copy of
the 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. However, the Alabama
legislation provided that the statute will
be reinstated if the Brady instant check
law is repealed.

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.

Federal law provides the right to
challenge a NICS denial by the FBI or a
State point of contact (see Background).  
Specific appeal procedures are codified 
in the laws of nearly all States that 
require background checks of firearm 
permit or purchase applicants.  The most
common State procedure allows an appeal 
to the checking agency for reconsideration 
of a denial, and a subsequent appeal to 
a court. In some States, a government 
official in a department separate from the 
checking unit conducts an administrative 
review as the first or second step in the 
appeal process.

Most purchase permit statutes require
the checking agency to inform an
applicant in writing of the reason for a
denial.  With instant approval systems,
an applicant usually is informed of a
denial by the dealer who requested the
background check.  The applicant must
then call or write the checking agency
to learn the reason for the denial. 
Statewide checking agencies often have 
forms available to initiate a request 
for reconsideration.  Some States impose 
a deadline on denied applicants for filing 
the initial appeal. Other agencies 
involved in firearm appeals are those that 
maintain criminal history, restraining 
order, mental health, or other records that 
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 disqualifying 
records on file, the denial can be 
reversed.  A few States require submission 
of fingerprints with all requests for
reconsideration.

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 be required by State law to issue 
a denial.  The applicant can have the denial 
reversed by submitting court records to 
prove that the charge was subsequently 
dismissed.  An appeal procedure may give 
the denied person the alternative of 
requesting that the appellate review agency 
contact the agency of record to inquire about 
a missing disposition.

In addition to record challenge procedures, 
some States allow an appellant or the reviewing 
agency to request an administrative hearing. 
State laws vary widely in regard to deadlines 
for administrative decisions and subsequent 
appeals by a denied applicant. 

Whether a checking agency is required
by law to approve, delay, or deny a
person with an incomplete record may
affect the number of appeals filed in a
State (see Firearm rejection rates.)
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.

Between July 1, 2000 and June 30,
2001, Tennessee modified its appeal
procedure as part of an amendment
that required denial of an applicant
whose record indicates an arrest for a
disqualifying offense without a
disposition.  If the applicant appeals the
denial, the checking agency has 15 calendar 
days in which to obtain the final disposition.

Firearm rejection rates

State and local checking agencies received 
an estimated 3.4 million firearm transfer 
applications during 2000; an estimated 
86,000 applications were rejected, a rejection 
rate of 2.5% (FBI checks are not included in 
these figures).  The 2000 statistics include
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 among statewide agencies for the various 
types of firearm approval systems were
estimated to be 3.0% for instant approvals, 
1.8% for purchase permits, 2.3% for exempt 
carry permits, and 1.0% for other approval 
systems.  The rejection rates among local 
agencies for the various types of firearm 
approval systems were estimated to be 2.1% 
for purchase permits, 1.9% for exempt carry 
permits, and 0.5% for other approval systems 
(no local agencies administer instant 
approval systems). The predominant reason 
(57.6%) for rejection of an application by 
a State or local checking agency was the
applicant's indictment or conviction for a
felony offense.  (See Background Checks for 
Firearm Transfers, 2000, July 2001, NCJ 
187985.)

Statewide rates  The number of applications 
received and rejected, and rejection rates 
for statewide agencies during 2000 are 
reproduced in. Seventeen instant approval 
systems exhibit the widest variation in 
rejection rates, ranging from 0.3% 
(Connecticut) to 7.2% (Tennessee). Statewide
rejection rates for purchase permit
applications are available from Connecticut 
(0.1%), New Jersey (1.7%), and Illinois (2.0%). 
Rejection rates for seven States that reported
exempt carry permit counts range between 0.4% 
(North Dakota) and 2.7% (Indiana). Complete 
statewide data was reported by two "other 
approval" systems for firearm transfer
applications, California (0.9%) and
Maryland (1.7%).

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, processing and reporting
of appeals, 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 (0.3%), 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 (2.0%)
during the first step of the process.
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
Tennessee (7.2%), Colorado (5.0%),
and Georgia (4.9%). 

By contrast, approval systems established 
before passage of the Brady Act tend to have 
lower rejection rates. These systems include 
Virginia (1.4%), 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. Rejection rates may be 
influenced by a State's response to 
applicants who have incomplete records for 
criminal history and other disqualifying 
factors. 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,
the agency must decide, based on Federal 
or State law, whether the application will 
be approved, denied, or delayed pending 
further research. A State's rejection rate 
will tend to be low if an approval is 
mandated and high if a denial is mandated.

Some States apply the Brady Act's rule
that if a disqualifying record is not 
found within 3 days, a transfer may proceed. 
Other States have laws and regulations
that allow their agencies to deny or
delay a transfer if an incomplete record
is being researched when the time limit
for a response expires. These rules
may partially account for the
comparatively high rejection rates in
States such as Colorado.

Local agency rates  Rejection rates
among local agencies may be influenced by 
many of the same factors that influence 
the rates of agencies with statewide 
jurisdiction.  In addition, data for the 
year 2000 indicates that the local
agency rejection rate is related to the
population level of the jurisdiction
served by the agency.  Local agencies
that provided data for the Firearm
Inquiry Statistics (FIST) project were
grouped according to the size of the
community they served: small (under
10,000 people), medium (10,000 to
100,000), or large (over 100,000). For
agencies that issued purchase permits
and those that issued exempt carry
permits, the rejection rate increased 
as the population of the community served
increased.  

Purchase permit agency rejection rates,
by category, were 1.53% for small,
2.59% for medium, and 2.83% for large. 
Exempt carry permit agency rejection
rates, by category, were 1.16% for
small, 1.67% for medium, and 2.55%
for large.

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
subheadings for the summaries.

Prohibited persons  Categories of
persons prohibited permanently or
temporarily from purchasing,
possessing, or transferring firearms.

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  The scope of firearm
transfer restrictions such as background 
checks, permit and license requirements, 
residency rules, and handgun purchase 
limits.  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.

2000 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.

2000/2001 legislation  Significant
changes in laws related to firearm sales
that became effective between July 1,
2000, and June 30, 2001.

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 from justice; 
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 federallylicensed dealer to transfer 
a long gun to a person under 18 years of
age or a handgun to a person under 21
years of age.  Further, it is unlawful 
for any person to transfer a handgun to 
a juvenile (under 18) or for a juvenile 
to possess a handgun, 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 licensee 
has the option of requesting a check when 
a firearm is pawned. A handgun cannot be 
transferred by a licensee to a person who 
does not reside in the State where the 
licensee's business is located. An 
interstate transfer of a handgun or long 
gun between unlicensed persons is
prohibited.

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.  The FBI
checks handgun and long gun buyers in
24 States and only long gun buyers in
10 additional States.  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 filed with a licensee requires 
the buyer's full 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   Over 71% of
the background inquiries conducted by
the FBI result in an immediate
"proceed" response. Transactions
resulting in immediate proceed
responses are typically completed
within 30 seconds after information is
entered into the NICS.  Approximately
95% of all inquiries were issued a
proceed or deny response within 2
hours.

Retention of records  Information on
applicants denied by the FBI is retained
indefinitely.  Most information on
transfers allowed by the FBI is not
retained; certain items may be retained
for auditing purposes for not more than
6 months (90 days as of July 3, 2001).

Registration  No Federal requirements.  
The Brady Act prohibits use of the NICS 
to establish a registry of firearms or 
firearm owners.  

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. 

2000 firearm checks by the FBI 4,260,270 
applied; 66,808 denied (1.6%).

2000/2001 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. Residents of adjoining
States may purchase long guns in
Alabama unless otherwise prohibited. 
No person shall make any loan secured
by a mortgage, deposit, or pledge of a
handgun.  A State license is required
for retail dealers of handguns.

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  No State requirement.

Information from applicants  No State
requirement.

Purchaser fees  None.

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

Check processing time  Not
applicable.

Retention of records   Not applicable.

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.

2000 firearm checks  No statewide
information is available.

2000/2001 legislation   The legislature
repealed the statute that required a
handgun seller to observe a 48-hour
waiting period, obtain a statement from
a purchaser, and forward a copy of the
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. However, the waiting period will
be in effect if the Brady instant check
law is repealed.

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 convictions 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 by the FBI may appeal
under Federal law.

Arrests of denied persons   Not
applicable.

2000 firearm checks   No statewide
information is available.

2000/2001 legislation   No significant
changes.

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
because of a domestic violence or
felony offense.  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 90
days (per Federal law) on approved
transactions and 5 years on
disapproved transactions.

Registration   No State requirements.

Appeals of denials   A person denied
a firearm may appeal to the Firearm
Clearance Center for correction of
information.

Arrests of denied persons   The
Firearm Clearance Center 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.

2000 firearm checks   Transfers:
126,880 applied; 3,194 denied (2.5%). 
Carry permits: 15,100 applied; 340
denied (2.3%).

2000/2001 legislation   The statute that
prohibits a person on probation from 
possessing a firearm was amended to
include only those offenders who have
been convicted of domestic violence or
a felony.

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
provides that no person shall possess
or own any firearm who has been
convicted of a felony, adjudicated
mentally ill, or committed involuntarily 
to any mental institution.  No person 
under the age of 18 shall possess a 
handgun except in limited circumstances. 
It is illegal to furnish a firearm or 
other deadly weapon to a minor (under 18)
without the consent of a parent or
guardian, or to furnish a handgun or
prohibited weapon to a felon, or to
knowingly sell, rent, or transfer a
firearm to a person prohibited by State
or Federal law.

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.  Residents of adjacent
states may purchase long guns in
Arkansas unless otherwise prohibited.

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
issued 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.

2000 firearm checks  No statewide
information is available.

2000/2001 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.

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. 
Handgun purchases are limited to 1 in a
30-day period.

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.  Gun
show transfers and other 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 within 60 days of moving to
California. 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.

2000 firearm checks   Transfers:
386,210 applied; 3,475 denied (0.9%).

2000/2001 legislation   Preventing
witness or victim testimony was added
to the list of misdemeanors that
disqualify a person from possessing a
firearm for 10 years after conviction.
Testing and certification requirements
for handguns became effective on
January 1, 2001.

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
firearm cannot be possessed by or
transferred to a person who has not
attained the age of 18 years, except in
limited circumstances.  It is illegal  to
knowingly obtain a firearm on behalf of
a prohibited person.

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
background checks on persons who
purchase firearms from licensed
dealers or at a gun show.  Residents of
contiguous States may purchase long
guns in Colorado unless otherwise
prohibited.

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.  Gun show transactions are
processed through dealers. 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  CBI does not charge
a fee for an instant check.  A licensed
dealer may charge a fee not to exceed
$10 for processing a gun show
transaction.

State data  Colorado maintains fully
automated fugitive, criminal history,
probation/parole, and domestic abuse
restraining order/misdemeanor data on
a statewide network.  In addition, CBI
receives court records of persons who
have been adjudicated as a juvenile
delinquent.

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  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's residence and the
dealer's premises.

2000 firearm checks   Transfers:
137,916 applied; 6,923 denied (5.0%).

2000/2001 legislation   Amendments
made it illegal to transfer firearms other
than  handguns to juveniles without
parental consent, or to buy a gun on
behalf of a  prohibited person.  A voter
referendum added a new article that
requires a gun show promoter to
ensure the presence of a licensed
dealer who requests background
checks on persons buying firearms
from non-licensed vendors.

Relevant laws   Colorado Revised
Statutes 12-26.1-101; 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
background checks on persons who
apply for permits, redeem firearms, or
make a purchase from a licensed or
unlicensed seller at a gun show or other
location. Firearms dealers must have a
State license.

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.  Applications are
approved or denied within 8 weeks for a
pistol permit or 90 days for an eligibility
certificate.  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 fee of $35 is charged 
for pistol permits and eligibility
certificates, plus $24 to cover the FBI
fingerprinting fee for criminal history.

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 5
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 for a handgun or
long gun.

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.

2000 firearm checks  Transfers:
49,079 applied; 140 denied (0.3%). 
Pistol permits: 27,069 applied, 17
denied (0.1%).

2000/2001 legislation   No significant
changes.

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.  A
handgun dealer is required to have a
State license.

Permits   A permit is not required to
purchase firearms. A permit is required
to carry a concealed 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   DSP does not charge
a fee for an instant check. A dealer
may charge a fee not to exceed $20 per
criminal history check to process a
private sale.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 instant 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   A
firearm purchaser submits the standard
ATF form to a dealer. State law requires
that the dealer transmit the purchaser's
name, date of birth, gender, race, and
Social Security number (optional) or
other identification number to FDLE.

Purchaser fees   FDLE currently
charges $5 for a background check. 
The maximum fee allowed by statute is
$8.

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
an approved transaction is destroyed
by FDLE within 2 days after the
response to a licensee's request for a
check.  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.

2000 firearm checks   Transfers:
231,783 applied; 5,790 denied (2.5%).

2000/2001 legislation   As allowed by
statute, the Department of Law
Enforcement reduced the purchaser
background check fee to $5.

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
background 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 3 days 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 (a Social
Security number is voluntary, but is
used as a means of identification and 
a search parameter).

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 are 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 warrant is reported by GBI
to the agency with jurisdiction over the
individual.

2000 firearm checks   Transfers:
213,110 applied; 10,526 denied (4.9%).

2000/2001 legislation   Amendments
increased penalties for various firearm
offenses and made it a felony for a
person with a previous forcible felony
conviction to attempt to obtain a
firearm.

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   State 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 in Hawaii 
or elsewhere 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.

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  Hawaii law requires
a permit to acquire the ownership of
any firearm.  Since July 1, 1992, an
assault pistol can only be transferred 
to a licensed dealer or a county chief of
police.  A firearms dealer is required to
have a State license.

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; 
thereafter, only a yearly photograph is 
taken (or whenever the applicant renews a 
permit to acquire).  

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 acquired in
Hawaii or brought into the State are
required to be registered, 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.

2000 firearm checks   No statewide
information is available.

2000/2001 legislation   No significant
changes.

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 persons convicted of certain
felonies to ship, transport, possess, or
receive firearms.  It is unlawful for
persons who were  previously convicted
of these felonies (or comparable
offenses in other U.S. jurisdictions) 
to purchase, own, possess, or have
custody or control of any firearm.  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    Some felons
regain firearm 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 of firearm rights if 5 years
have elapsed 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 valid
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.
2000 firearm checks   No statewide
information is available.

2000/2001 legislation   No significant
changes.

Relevant laws   Idaho Code 18-310;
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 offense, 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.  All
buyers must display a valid FOID card. 
A private seller is not required to
request a check but must retain
transaction records for 10 years. Long
guns may be purchased in Illinois by
residents of adjacent States and other
nonresidents who meet certain
requirements.

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.  A purchase denial can be 
appealed to the FTIP unit.

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.

2000 firearm checks   FTIP: 157,588
applied; 1,296 denied (0.8%).  FOID:
217,773 applied; 4,434 denied (2.0%).

2000/2001 legislation  No significant
changes.

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.  A retail dealer of handguns
must have a State license. It is illegal 
to secure a loan by a mortgage, deposit,
or pledge of a handgun.

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.  After receiving a dealer's
request for a check, ISP, under Indiana
law, has until the end of the next business 
day to advise of a prohibition. 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 may be filed in circuit 
court.

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

2000 firearm checks  Transfers: 19,442 
applied; 328 denied (1.7%). Licenses: 
83,396 applied; 2,242 denied (2.7%).

2000/2001 legislation  No significant
changes.

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
convicted 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.  A resident of an adjacent
State may purchase a long gun from a
licensed dealer in Iowa unless
otherwise prohibited.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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. Residents of contiguous
States are allowed to purchase long
guns from a licensed importer,
manufacturer, dealer, or collector in
Kansas unless otherwise prohibited.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 the possession, manufacture,
or transport of a firearm by a person
who has been convicted of a felony in
any State or Federal court, and by any
youthful offender convicted of a felony
offense under the laws of Kentucky.  A
handgun cannot be possessed, manufactured, 
or transported by a person under the age 
of 18 except in limited circumstances.  
It is unlawful in certain circumstances 
to provide a handgun to a person under 
the age of 18.

Restoration of rights  A convicted felon's 
right to possess a firearm can be restored 
through a full pardon from the governor or 
the president, or through relief by the 
secretary of the treasury.

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.

2000 firearm checks   Not applicable.

2000/2001 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 State felonies (or a similar
offense in another jurisdiction), 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 (or in Orleans parish, the 
superintendent of police) for a permit to 
possess firearms.

Regulated sales  State law does not
require background checks on firearms
purchasers.  Residents of contiguous
States may purchase long guns in
Louisiana unless otherwise prohibited.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 legislation  No significant
changes.

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. 
A person whose rights are restored is
issued a possession permit 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.

2000 firearm checks   No statewide
information is available.

2000/2001 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; less than 30 years of age and was
adjudicated delinquent; 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. 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 handguns and
assault weapons by licensed dealers
and unlicensed persons. A dealer is
required to have a Maryland
regulated-firearms 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. 
Regulated firearm purchasers must
have resided in Maryland for 90 days,
and are limited to one purchase every
30 days.  Residents of adjacent States
may purchase long guns from licensed
dealers in Maryland unless otherwise
prohibited.

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 11/30/98 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,
regardless 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.

2000 firearm checks   Transfers: 34,316 
applied; 569 denied (1.7%).

2000/2001 legislation   An amendment
prohibited the sale, rental, or transfer 
of a regulated firearm to a person who is
less than 30 years of age and has been
adjudicated delinquent for committing
certain offenses.  A certified firearms
safety training course for buyers was
authorized.  Legislation was enacted to
mandate ballistic testing and safety
devices for handguns.

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 specified
offenses, can regain the right to
possess rifles and shotguns 5 years
after completion of the sentence or
adjudication without additional
violations.  If the adjudication or
conviction occurred in another
jurisdiction, the applicant's right to
possess a rifle or shotgun must be fully
restored in that jurisdiction.  Addicted
persons may apply for restoration if 5
years have elapsed after completion of
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.  A dealer must 
have a State license.

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.  
Certain firearm purchases require a permit 
that is valid for 10 days.

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 the 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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 
or by 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 
offenders 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 
nonautomated 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.

2000 firearm checks  No statewide
information is available.

2000/2001 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 a
check on all persons who attempt to
obtain a permit or purchase a handgun
or assault weapon from a licensed
dealer.

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 
background 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.

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 district 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.

2000 firearm checks  No statewide
information is available.

2000/2001 legislation  No significant
changes.

Relevant laws   Minnesota Statutes
609.165; 609.224; 609.2242; 624.71 et
seq.

Source of information   Minnesota
Department of Public Safety.

Mississippi

FBI conducts NICS checks Prohibited 

persons   Mississippi law makes it unlawful 
to sell, give, or lend a firearm to a person 
whom the transferor knows to be a minor under 
18 years of age, or intoxicated. A person 
convicted of a felony under the laws of
Mississippi, any other State, or the
United States cannot possess any firearm.  
It is an act of delinquency for a person 
under the age of 18 years to knowingly 
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, Federal relief, or 
a certificate of rehabilitation from the 
court of conviction.

Regulated sales   State law does not
require background checks on firearm
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 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   There is no State
waiting period to purchase a firearm.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 has
pled guilty to or been convicted of a
felony or misdemeanor as specified in
State law; is a fugitive from justice or
someone charged with a specified
crime; has been dishonorably discharged 
from U.S. armed forces; is publicly known 
to be habitually intoxicated or drugged; 
is currently adjudged mentally incompetent; 
has been committed to a mental health
facility; or has rendered a false statement 
on the application. It is unlawful to 
recklessly transfer a firearm to a person 
less than 18 years old (without consent of 
the child's parent or guardian) or to a 
person who is intoxicated. It is unlawful 
to receive a handgun without obtaining a 
valid permit and to deliver a handgun to 
a person without a valid permit.

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 
permit shall be issued or denied within 
7 business days.  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.

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, reason for 
desiring a permit, statement of compliance 
with statutory requirements, and date of
application.  The person who receives
the permit from the applicant shall return 
it to the sheriff with a description of the 
handgun obtained, including the make, model, 
and serial number.

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 actions
taken on applications, and to preserve
all returned permits. 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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 
purchase or 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 district court for a 
permit to purchase and possess firearms.

Regulated sales   State law does not
require background checks on firearms
purchasers.  Residents of contiguous
States may purchase long guns in
Montana unless otherwise prohibited.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 in any United States jurisdiction 
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 purchase, lease, rent, or
receive a handgun from a licensed dealer 
or an unlicensed person, with limited 
exceptions.

Permits   The transfer certificate needed 
to receive 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.  
The application may be made in person or
by mail.  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 statewide 
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 denial or revocation 
of a handgun transfer certificate can be 
appealed 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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 who is 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, and a protective 
order registry, on a statewide network.

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.

2000 firearm checks   Transfers: 47,240 
applied; 1,568 denied (3.3%).

2000/2001 legislation   No significant
changes.

Relevant laws   Nevada Revised Statutes 
176A.860; 202.253 et seq; 213.090.

Source of information  Nevada Highway 
Patrol.

New Hampshire

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons   A firearm cannot
be possessed or controlled by a person
who has been convicted of certain
felonies in any United States jurisdiction.  
No person shall sell, deliver, or otherwise 
transfer a firearm to a person who has been 
convicted in any jurisdiction of a felony.  
It is illegal to sell, barter, hire, lend 
or give a handgun to a minor (under age 18)
except in limited circumstances.  A
licensed dealer cannot transfer a
handgun to a person who is prohibited
in his or her State of residence, nor to a
person prohibited pursuant to New
Hampshire or Federal law or a protective 
order.  It is illegal to knowingly attempt 
to purchase a firearm while subject to a 
protective order.

Restoration of rights   A felon convicted 
in New Hampshire may regain firearm rights 
through a full and unconditional pardon by 
the governor or an annulment of the conviction.

Regulated sales   A retail seller of handguns 
is required to have a license. New Hampshire 
law requires a background check 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 
destruction of information on approved 
transactions 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.

2000 firearm checks   Transfers: 12,938 a
pplied; 147 denied (1.1%).

2000/2001 legislation   A new section
made it illegal to knowingly attempt to
purchase a firearm while subject to a
protective order.

Relevant laws   New Hampshire Revised 
Statutes, Chapters 159 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, found to have submitted 
false information, under age 18 (for an 
identification card) or 21 (for a permit), 
barred from firearm possession by court 
order, or adjudicated delinquent for a 
firearm offense.  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 transfers, and an
identification card is required to receive
a long gun.  A firearm cannot be security for 
a loan. A dealer must have a State license.

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
purchase or 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, 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 permit or identification 
card denial can be appealed to the superior 
court for the county where the application was 
filed, with notice to the issuing authority. A
purchase denial can be appealed to the NICS unit.

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.

2000 firearm checks   Transfers: 34,907 applied; 
145 denied (0.4%). Identification cards and 
permits: 42,304 applied; 728 denied (1.7%).

2000/2001 legislation   The age required to 
obtain a handgun permit was increased from 18 
to 21. A permit or identification card shall 
not be issue to a person who as a juvenile was
adjudicated delinquent for an offense which, 
if committed by an adult, would constitute a 
crime and involved unlawful use or possession 
of a firearm.

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 of a felony offense by a court
of the United States or of 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 a sentence or a period 
of probation without additional violations.

Regulated sales  New Mexico law
does not require background checks on
firearms purchasers. Residents of
contiguous States may purchase
firearms in New Mexico unless otherwise 
prohibited.

Permits  A permit is not required to
purchase firearms.  State law does not
provide for concealed firearm permits
(however, a new permit law became
effective on July 1, 2001).

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
approximately 50% automated and 50%
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. 

2000 firearm checks   No statewide
information is available.

2000/2001 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 under 21 years of age, 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, or did not complete 
a safety course and test (Westchester
County only), or concerning whom 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
unlawful for a person under 16 years of
age to possess a firearm except in
limited circumstances.  It is unlawful to
knowingly purchase a firearm on behalf
of a prohibited person.

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, and domestic violence 
restraining order/misdemeanor data.  
Limited mental health information is 
available from the New York State Office 
of Mental Health, on patients and former 
patients of State-operated mental health 
facilities.

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.

2000 firearm checks   No statewide
data available.

2000/2001 legislation   Amendments
raised the age required for a handgun
license to 21 and made possession of
an assault weapon a felony.  A new
section made straw purchases
unlawful.

Relevant laws   Penal Law articles 265
& 400; General Business Law art.
39-DD.

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
(where 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.

2000 firearm checks   No statewide
information is available.

2000/2001 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
Carolina Department of Justice.

North Dakota

FBI conducts NICS checks

Prohibited persons   North Dakota law
prohibits ownership, possession, or
control of  a firearm for a period of 10
years by a person who has been convicted 
anywhere of a felony involving violence 
or intimidation, or for a period of 5 years 
by a person convicted of any other felony 
or a misdemeanor involving violence or
intimidation committed while using a
firearm or dangerous weapon.  A person who 
was diagnosed and confined or committed to 
a hospital or institution in North Dakota 
or elsewhere as mentally ill or mentally 
deficient is prohibited from purchasing, 
possessing, or controlling a firearm except 
when the person has not suffered from the
disability for the previous three years. It
is illegal to transfer a handgun to a
prohibited 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 person convicted 
of a felony or a disqualifying misdemeanor 
regains the right to possess a firearm 5 or 
10 years (depending on the type of offense
committed) after the date of conviction
or release from incarceration or probation, 
whichever is later.

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.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 from justice; 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.  It is illegal to transfer 
a firearm to a prohibited person.  A handgun 
cannot be transferred to or purchased by a 
person under 21 years of age and a firearm 
cannot be transferred to or purchased by a 
person 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, and is not otherwise prohibited.

Regulated sales  State law does not require 
background checks on firearm purchasers.  
Residents of adjacent States may purchase long 
guns in Ohio unless otherwise prohibited.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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, or to 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 a firearm when 10
years have elapsed since the adjudication 
occurred.

Regulated sales   State law does not
require background checks on firearms
purchasers.  Residents of contiguous
States may purchase long guns in
Oklahoma unless otherwise 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 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.

2000 firearm checks   No statewide
information is available.

2000/2001 legislation   No significant
changes.

Relevant laws   Oklahoma Statutes
21-1271.1 et seq.

Source of information   Oklahoma
State Bureau of Investigation.

Oregon

State requests 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
within the previous 4 years of a
misdemeanor for assault 4th degree,
menacing, reckless endangering,
assaulting a public safety officer, 
or intimidation 2nd degree.

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 
a firearm from a licensed dealer or at a 
gun show.  A seller who is not subject to 
these requirements may voluntarily request 
a background check on a purchaser.

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 point of
contact for the NICS and conducts all
checks required by Federal and State
law.  Licensed dealers call a 1-800
number for the firearms unit. Unlicensed 
sellers can call the 1-800 number or 
complete a transfer through a dealer. 
Queries are processed on the purchaser 
and the weapon being sold; the caller 
is given a transaction number for an 
approval or informed that the applicant 
is denied.  An approval number is valid 
for 24 hours on a private sale or 30 
days on a dealer transfer.

Waiting period   No State
requirements.

Information from applicants   A
purchase from a licensed dealer
requires submission of the standard
ATF form and a State Police thumbprint
form.  If the transferor is not a dealer,
the prospective buyer must provide
name, date of birth, race, gender,
address, and the type, issuer, and
number of a current photo identification. 
A buyer may voluntarily provide a social
security number.

Purchaser fees   A fee of $9 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   A person who is
denied a firearm 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.

2000 firearm checks   Transfers:
53,726 applied; 1,171 denied (2.2%).

2000/2001 legislation   A voter
referendum required background
checks for long gun transfers by
dealers and allows non-dealers to
request a check before transferring any
firearm.  The State Police may charge a
fee (not to exceed the legal maximum)
for these checks and shall establish a
reduced fee for a subsequent check on
a recipient during the same day. 
Further, checks are now required on all
persons who receive a firearm at a gun
show.

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 an "enumerated 
offense" or an equivalent offense in 
another jurisdiction; a fugitive from 
justice; convicted of certain drug
offenses 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;
adjudicated delinquent for certain
offenses; or under the age of 18 except
in limited circumstances. Pennsylvania
criminal history records that are
prohibiting under Federal law include all
convictions for a felony, a misdemeanor
1, or an ungraded misdemeanor for
which a person could have been
sentenced to more than 2 years in
prison.

Restoration of rights   A prohibited
person may apply for relief from a
firearm disability under specified
circumstances, which include: a period
of 10 years (not including incarceration
time) has elapsed since the most recent
prohibiting conviction prior to applying
to the county court; a full pardon by the
governor; or firearm disability relief
issued by the U.S. Treasury Secretary. 
A prohibition based on juvenile records
terminates 15 years after the last
applicable delinquent adjudication or
upon the person reaching the age of 30,
whichever is earlier.

Regulated sales   Pennsylvania law
requires background checks on
persons who purchase firearms from a
State-licensed dealer.  Check
requirements apply to individuals who
are not licensed to transfer firearms. 
Checks are required to be conducted at
the dealer's place of business, from a
gun show, or through the county sheriff.

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

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. On
average, 60% of the checks are handled through 
automation and an Interactive Voice Response 
(IVR) component.  If a potentially 
prohibiting record is identified or the 
buyer is not a resident of the State, 
the call is automatically transferred to 
a staff operator.  ATF allows use of a 
license to carry issued prior to 11/30/98 
to waive a NICS check (State law still
requires a PICS 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 
Pennsylvania driver's license numbers, 
occupation, and residence and work telephone
numbers plus the make, model, serial number, 
caliber, and barrel length of the firearm.

Purchaser fees   State law requires a
fee of $2 for each background check
initiated and a $3 surcharge fee for
each taxable sale of a firearm.

State data   A statewide network contains 
automated criminal history, fugitive, 
protection order, probation, and parole data.  
Mental health data are available to PSP 
only for the purpose of enforcing the State's 
firearm act.  A research/denial challenge 
database contains updated records to 
eliminate the need for duplicate research on
future transactions.

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  Information on the 
subject of a background check is not retained 
by PICS upon approval of a transaction. PICS 
retains records on denied persons for 20 
years.

Registration   No State requirements.

Appeals of denials   A person who is
denied through PICS may appeal to the
PICS Legal Assistance Unit. 
Subsequent appeals may be filed with
the State attorney general and
commonwealth court.

Arrests of denied persons  Information 
on persons  who submit false information 
in order to acquire firearms is referred 
to local, State, and Federal (ATF) 
authorities for investigation and prosecution.  
If a record is identified at the time of
purchase indicating the individual is a
fugitive, the local law enforcement agency 
of jurisdiction is notified immediately.

2000 firearm checks  Transfers: 469,540 
applied; 10,128 denied (2.2%).

2000/2001 legislation   No significant
changes.

Relevant laws   Pennsylvania Consolidated 
Statutes Title 18, Chapter 61 (Uniform 
Firearms Act).

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 incompetent; drug
addicts; habitual drunkards; or illegal
aliens.  It is unlawful 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. It 
is unlawful to sell a handgun to a person 
under the age of 21 or to a person otherwise
prohibited.

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.  Any citizen of the United
States may purchase a long gun in Rhode Island 
unless otherwise prohibited.

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 and denied applications for
no more than 30 days.  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.

2000 firearm checks  No statewide
information is available.

2000/2001 legislation   The statute
barring transfer of a firearm to a minor
was amended to require that an offender 
know or have reason to know that the 
recipient of a firearm is under 18, and 
to add a penalty provision.

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 in any
U.S. jurisdiction; a fugitive from justice;
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.

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   State law does not
require background checks on firearms
purchasers.  Retail dealers of handguns
must have a State license.  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.  
A resident of any State may purchase a
long gun in South Carolina unless
otherwise 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 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.

2000 firearm checks  Carry permits:
7,145 applied; 145 denied (2.0%).

2000/2001 legislation  No significant
changes.

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 or control of a
firearm by a person who has been
convicted in the State or elsewhere 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 knowingly 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.  Residents of contiguous
States may purchase long guns in South 
Dakota unless otherwise 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 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.

2000 firearm checks   No statewide
information is available.

2000/2001 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 
offender was pardoned, the conviction was 
expunged or set aside, or the person's civil 
rights were restored by the circuit court.  
However, an offender convicted of a felony 
involving the use or attempted use of force,
violence, or a deadly weapon, or a felony 
drug offense cannot possess a handgun even 
if rights have been restored.

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 serial number 
are checked through the FBI/NCIC Stolen
Gun File.  If a stolen gun is indicated,
TBI requests that the law enforcement
agency with jurisdiction check on the
firearm.  If this independent check
verifies that the firearm is stolen, 
it is confiscated.  (More than 700 stolen
firearms have been recovered since the
program was implemented in November
1998.)

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 if
the transaction was denied by TBI.  
(A "conditional proceed" is not a TBI 
denial because it gives the FFL discretion 
on whether to transfer the firearm.)  TBI
assists with the appeal process by
furnishing the denied purchaser a letter
of instructions and an FBI final
disposition report form.  This form is
filled out by the arresting agency or
clerk of the appropriate court and
returned to TBI.

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

2000 firearm checks   Transfers:
213,249 applied; 15,385 denied (7.2%).

2000/2001 legislation   A new law
requires TBI to deny a transaction
based on an arrest with no final
disposition noted if the arrest is for 
an offense that triggers a Brady prohibition. 
If the purchaser appeals the denial, TBI
has 15 calendar days in which to obtain
the final disposition.  If TBI is unable 
to do so the dealer is notified that the
transaction is a "conditional proceed,"
meaning that the dealer may lawfully
transfer the firearm to the purchaser. 
The "conditional proceed" designation
indicates that the transaction is no
longer denied but is also not approved,
and the dealer has discretion on whether 
to make the transfer.

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.

2000 firearm checks   Carry permits:
26,781 applied; 377 denied (1.4%).

2000/2001 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
offense under the laws of the United
States, Utah, or any other State 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.  Residents of contiguous
States may purchase long guns in Utah
unless otherwise prohibited.

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.  Dealer numbers and
transaction numbers and dates are
maintained for 12 months.  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 on an
application or has an outstanding
warrant is reported by BCI to the
agency with jurisdiction over the
location of the dealer.

2000 firearm checks   Transfers:
64,917 applied; 2,053 denied (3.2%). 
Carry permits: 7,777 applied; 87 denied
(1.1%).

2000/2001 legislation   No significant
changes.

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   Vermont law prohibits 
a person, firm, or corporation, other than 
a parent or guardian, from selling or 
furnishing a firearm to a child under the 
age of 16 years.  A handgun cannot be 
possessed by a child under the age of 16 
years 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.  Residents of contiguous 
States may purchase long guns in Vermont 
unless otherwise prohibited.

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   For all
active warrants, the agency with
jurisdiction over the fugitive is
contacted.

2000 firearm checks   Transfers:
19,366 applied; 287 denied (1.5%).

2000/2001 legislation   No significant
changes.

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.

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.  Virginia 
residents may purchase firearms upon proof of
residency in the State for at least 30 days.  
Residents of contiguous States may purchase 
long guns in Virginia unless otherwise 
prohibited.  A person cannot purchase more 
than one handgun in a 30-day period unless
authorized by the State Police.

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.

2000 firearm checks   Transfers: 182,170 
applied; 2,568 denied (1.4%).

2000/2001 legislation   An amendment provided 
that an order of involuntary commitment, an 
adjudication of incapacity, or an order restoring
capacity may be used to determine a person's 
eligibility to possess, purchase, or transfer 
a firearm. 

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 ownership, possession, or
control 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. 
Offenders under the supervision of the
department of corrections shall not own,
use, or possess firearms.  A person at
least 18 years of age but less than 21
may possess a handgun only in certain
places.

Restoration of rights  An offender's
right to possess firearms may be
restored by a court of record or a
governor's pardon.  A person convicted
of a felony may petition the court of
record for restoration if the offender has
no previous violation and no subsequent 
violation for any offense for 5 years (3 
years if convicted of a non-felony offense) 
after completing a sentence.  However, 
certain offenders are not eligible for 
restoration.

Regulated sales   State law requires
background checks on persons who purchase 
handguns from licensed dealers. Residents 
of other States may purchase long guns in 
Washington unless otherwise prohibited.  
A firearms dealer is required to have a 
State license.

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 
a 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 retain denied applications 
indefinitely. Dealers retain copies of 
applications for 6 years. The department of 
licensing may keep copies or records of handgun
purchase applications.

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.

2000 firearm checks   No statewide
information is available.

2000/2001 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.
2000 firearm checks   No statewide
data are available.

2000/2001 legislation   No significant
changes.

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   State law
prohibits firearm possession by or
transfer to a person who has been
convicted of a felony in Wisconsin or a
similar crime elsewhere, adjudicated
delinquent for an act that would be a
felony if committed by an adult, found
not guilty of a felony in Wisconsin or 
a similar offense in another jurisdiction 
by reason of mental disease or defect, or
committed for treatment and ordered not to 
possess a firearm, or is under 18 years of 
age (except in limited circumstances).

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 as a juvenile
(after April 1994) 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 before 48 hours
have expired; 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 first to
the DOJ Crime Information Bureau and
then to the Administrator of the Division
of Law Enforcement Services.  A further
appeal may be filed in State court.

Arrests of denied persons   DOJ
reports denied persons to ATF, the
Wisconsin Department of Investigation,
local police, district attorneys, and the
U.S. Attorney's Office.

2000 firearm checks   Transfers:
32,314 applied; 462 denied (1.4%).

2000/2001 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.  Residents of contiguous
States may purchase long guns in
Wyoming unless otherwise prohibited.

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.

2000 firearm checks   Carry permits:
1,069 applied; 23 denied (2.2%).

2000/2001 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,
a 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   The Superintendent of 
Police of Puerto Rico shall not issue 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, aggravated misappropriation, 
arson, aggravated arson, or incest. In 
addition, a license cannot be issued to any 
person who is mentally unbalanced, a habitual
drunkard, addicted to a controlled substance, 
or an alien, or who has been a citizen of the 
United States and renounced such citizenship, 
or has been adjudicated as a mental defective
by a court or discharged from the armed forces 
under dishonorable conditions, or is under a 
court order prohibiting stalking, spying, 
threatening, or approaching an intimate partner 
or children of an intimate partner, or has a
history of violence. 

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   The Commonwealth of 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.  An
application shall be made under oath.

Purchaser fees   Commonwealth law
requires that every application shall be
accompanied by an internal voucher for
$100.
State data   The police department
maintains an electronic registry.

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   A license denial
can be appealed under the uniform
administrative procedures of the
commonwealth.

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; Law No. 404 of March 1,
2001.

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 a
license applicant when the application
is approved.  The weapon purchased is
brought in to the firearms unit of the
Virgin Islands Police Department. 
Information about the weapon is
recorded and listed on the license
issued to the applicant.

Background checks   License applications 
require a background check by the Virgin 
Islands Police Department, which includes 
contacting the FBI for a NICS check. 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.  A purchase coupon takes 
the place of 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 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).  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 
are listed above).  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, and the intended 
use and location of the firearm, along with 
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 or 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 FIST

Alabama Isaac Kervin, Criminal Justice 
Information Center, 770 Washington Avenue, 
Room 350 Montgomery, AL 36130, (334) 
242-4900

Alaska Diane Schenker, Department of 
Public Safety, Division of Administrative 
Services, 5700 East Tudor Road, Anchorage, 
AK  9950,7 (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 Department of Public Safety, 690 Kipling 
Street, Room 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 David Deputy, State Police Bureau 
of Identification, P.O. Box 430, Dover, DE  
19903, (302) 739-5872

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, 465 South King Street, Room 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 Firearms 
Division, Indiana Government Center North, 
100 N. Senate Avenue, 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  
50319, (515) 281-8422

Kansas Charles Sexson, Bureau of 
Investigation, 1620 Southwest Tyler, 
Topeka, KS  66612, (785) 291-3029

Kentucky Joe West, State Police Support 
Services, 1250 Louisville Road, Frankfort, 
KY 40601, (502) 695-6205

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, Suite 2200, 
Chelsea, 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, Criminal Justice
Information System, Department of Public 
Safety, 1246 University Avenue, St. Paul, MN  
55104, (651) 642-0602

Mississippi Larry Waggoner, Department of 
Public Safety, Criminal Investigation Bureau, 
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 Karen Nelson, Department of Justice,
CJIS Bureau, 303 N. Roberts, Helena, MT 59620,
(406) 444-9621

Nebraska David Dishong, State Patrol, P.O. 
Box 94907, Lincoln, NE  68509, (402) 479-4099

Nevada Grace L. George, Highway Patrol 
Special Services, 808 West Nye Lane, Carson 
City, NV  89703, (775) 687-1600

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 O'Brien 
Division of State Police P.O. Box 7068 
Trenton, NJ  08628 (609) 882-2000

New Mexico Paul V. Herrera, Department of 
Public Safety, Technical and Emergency Support, 
P.O. Box 1628, Santa Fe, NM  87504, 
(505) 827-9191

New York Kenneth J. Connolly, Division of 
Criminal Justice Services, 4 Tower Place, 
Albany, NY  12203, (518) 457-4181

North Carolina Donald Roberts, Bureau of 
Investigation, 3320 Garner Road, Raleigh, 
NC 27601, (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 Rusty Featherstone, Bureau of 
Investigation, 6600 North Harvey, Oklahoma 
City, OK  73116, (405) 879-2535

Oregon Clifford W. Daimler, State Police 
Identification Services, 3772 Portland Road 
NE, Salem, OR  97303, (503) 378-3070

Pennsylvania John Thierwechter, State 
Police Bureau of Records and Identification, 
1800 Elmerton Avenue, Harrisburg, PA  17110, 
(717) 783-5592

Rhode Island Vincent McAteer, Department 
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 Boulevard, 
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  J. Paul Duquette, Newport Police 
Department, 222 Main Street, Newport, VT  
05855, (802) 334-6733

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 Avenue, 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, Virgin 
Islands Police Department, Criminal Justice 
Complex, Charlotte Amalie, 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   

The following are the main information 
pages for agencies or divisions that conduct 
background checks related to firearm sales:

Alaska Department of Public Safety
http://www.dps.state.ak.us/ast/achp/

Arizona Department of Public Safety
http://www.dps.state.az.us/welcome2.htm

Arkansas State Police
http://www.asp.state.ar.us/chl/chl.html

California Department of Justice Firearms 
Division http://caag.state.ca.us/firearms/

Colorado Bureau of Investigation Insta-
Check Unit http://cbi.state.co.us/ic/index.htm

Connecticut State Police Special Licensing 
and Firearms Unit http://www.state.ct.us/dps/
SLFU/index.html

Delaware State Police Bureau of Identification
http://www.state.de.us/dsp/sbi.htm#Firearms

Florida Department of Law Enforcement
http://www.fdle.state.fl.us/

Georgia Bureau of Investigation Crime 
Information Center
http://www.state.ga.us/gbi/gunckar.html

Illinois State Police http://www.isp.state.il.us/ 

Indiana State Police http://www.in.gov/isp/

Iowa Department of Public Safety 
Division of Administrative Services
http://www.state.ia.us/government/dps/asd/license.htm

Maryland State Police
http://www.inform.umd.edu/UMS+State/MD_
Resources/MDSP/

Mississippi Department of Public Safety
http://www.dps.state.ms.us/dps/dps.nsf/divpages/
ci2firearm?OpenDocument

Nevada Highway Patrol http://nhp.state.nv.us/

New Hampshire State Police
http://www.state.nh.us/nhsp/index.html

New Jersey State Police Bureau of Identification
http://www.njsp.org/about/id.html

North Dakota Bureau of Criminal Investigation
http://www.ag.state.nd.us/

Oregon State Police http://www.osp.state.or.us/

Pennsylvania State Police Firearms Division
http://www.psp2.state.pa.us/ri/

South Carolina Law Enforcement Division
http://www.sled.state.sc.us/

Tennessee Bureau of Investigation Instant 
Check System http://www.tbi.state.tn.us/TICS/tics.htm

Texas Department of Public Safety Concealed Handgun
Licensing Section
http://www.txdps.state.tx.us/administration/crime 
_records/chl/chlsindex.htm

Utah Bureau of Criminal Investigation
http://www.bci.ps.state.ut.us/

Virginia State Police Firearm Transaction 
Center http://www.vsp.state.va.us/cjis_ftc.htm

Wisconsin Department of Justice Handgun 
Hotline http://www.doj.state.wi.us/dles/cib/
handgunhotline.asp

Wyoming Attorney General http://attorneygeneral.
state.wy.us/dci/index.html


End of file
02/20/02 ih