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

Survey of State Procedures Related to Firearm Sales, 
Midyear 2004


August 2005, NCJ 209288
revised 8/31/05


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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/ssprfsm04.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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Prepared by 
The Regional Justice Information Service
St. Louis, Missouri

U.S. Department of Justice
Bureau of Justice Statistics

Lawrence A. Greenfeld              
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 
parts of the 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. Gene Lauver, Michael 
Bowling, and David Naglich assisted in collecting survey 
data for REJIS. 

Office of Justice Programs
Partnerships for Safer Communities 

Contents

Introduction

History of the survey 
and related Bulletins 
Survey methodology  
Glossary and acronyms 

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  
Prohibitory records 
Types of firearms   
Regulated sales     
Approval systems    
Waiting periods     
Checking process    
Transaction and registration 
records             
Appeals of denials  
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             

Other jurisdictions
American Samoa      
Guam                
Puerto Rico         
The Virgin Islands  
Washington, D.C.    

State procedures tables

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 
Regulation of dealer, 
private, and gun show sales  
Background check 
and permit procedures        
Fees, record retention, and appeals  
Prohibited and restricted firearms   
National Instant Criminal
Background Check System 
(NICS): Checking agencies  
Notification procedures of
State agencies regarding denied
persons subject to arrest   
Data accessed for firearm background checks: 
domestic violence   
Data accessed for firearm background checks: 
other prohibitions  
Revisions of sales regulations and other significant
changes in State firearm laws  

Reference appendixes

A. Federal and State firearm laws 
B. Agencies conducting 
firearm background checks  
C. State agency Internet sites 

Introduction

Survey of State Procedures Related to Firearm Sales, 
Midyear 2004 is the ninth in a series of Bureau of 
Justice Statistics (BJS)reports. This report describes 
laws, regulations, procedures, and information systems 
related to sales and other transfers of firearms that were 
in effect as of June 30, 2004. Procedures summarized in the 
survey are required by the laws and regulations of the 
United States, the 50 States, and other jurisdictions.

History of the survey and related bulletins  This national 
survey is produced by the BJS Firearm Inquiry Statistics 
(FIST) project, a component of the National Criminal History 
Improvement Program(NCHIP). NCHIP provides funding and 
technical assistance to improve the quality, timeliness, 
and accessibility of State criminal records and support 
interfaces between State and national record systems. 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 through eighth 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 updated 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, 1994-98, June 1999, 
NCJ 175034.) More recent bulletins have summarized counts of 
firearm transfer applications and denials for the first five 
full years of the permanent Brady period. For the most recent 
bulletin, see Background Checks for Firearm Transfers, 2003, 
September 2004, NCJ 204428.

(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 as well as changes 
in the overall denial rate or the 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 
law enforcement 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 by agencies 
participating in the survey. Data analysis and supplementary 
legal research were provided by the Regional Justice 
Information Service (REJIS), the organization conducting the 
study pursuant to a cooperative agreement with BJS.

To ensure the accuracy of the information as of June 30,2004, 
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 a State contact.

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 to REJIS contains 
a purging mechanism that destroys data in accordance with 
applicable Federal or State law.

Glossary

Assault weapon  A semiautomatic firearm with a large-
capacity magazine and special features common to military 
weapons.

Antique firearm  A firearm manufactured in or before 1898 
or a replica thereof, provided it is not designed for using 
rimfire or conventional centerfire fixed ammunition; or any 
muzzle loading rifle, shotgun or pistol, which is designed 
to use black powder, or a black powder substitute, and which 
cannot use fixed ammunition.

Curio or relic  A firearm manufactured at least 50 years 
prior to the current date or certified by the curator of a 
municipal, State, or Federal museum, or that derives a 
substantial part of its monetary value from the fact that 
it is novel, rare, bizarre, or associated with some 
historical figure, period, or event.

Firearm  Any weapon that is designed to or may readily be 
converted to expel a projectile by the action of an explosive.

Handgun  A firearm that has a short stock and is designed 
to be held and fired by the use of a single hand, such as a 
pistol or revolver.

Long gun  A firearm with a barrel extended to around 30 
inches to improve accuracy and range, and commonly with 
a shoulder butt, designed to be fired with two hands, 
such as a rifle or shotgun.

Machine gun (automatic firearm)  A firearm that shoots, 
is designed to shoot, or can be readily restored to 
shoot, automatically more than one bullet, without manual 
reloading, by a single function of the trigger.  
                    
Pistol  A weapon originally designed, made, and intended to 
fire a projectile from a barrel when held in one hand, and 
having a chamber as an integral part of, or permanently 
aligned with, the bore, and a short stock designed to be
gripped by one hand and at an angle to and extending below 
the line of the bore.

Revolver  A projectile weapon, of the pistol type, having 
a breech loading chambered cylinder so arranged that the 
cocking of the hammer or movement of the trigger rotates 
it and brings the next cartridge in line with the barrel 
for firing.

Rifle  A weapon, designed, made, and intended to be fired 
from the shoulder; and designed and made to use the energy 
of an explosive in a fixed metallic cartridge to fire only 
a single projectile through a rifled bore for each single 
pull of the trigger.

Semi-automatic firearm  A firearm that utilizes a portion 
of the energy of a firing cartridge to extract the fired 
cartridge case and chamber the next round, and which 
requires a separate pull of the trigger to fire each
cartridge.

Short-barreled rifle  A rifle having one or more barrels 
less than 16 inches in length, and any weapon made from a 
rifle, whether by alteration, modification, or otherwise, 
if such weapon, as modified, has an overall length of less 
than 26 inches.

Short-barreled shotgun  A shotgun having one or more 
barrels less than 18 inches in length, and any weapon made 
from a shotgun, whether altered or modified, if such weapon 
has an overall length of less then 26 inches.

Shotgun  A weapon designed, made, and intended to be fired 
from the shoulder, and designed and made to use the energy 
of the explosive in a fixed shotgun shell to fire through 
a smooth bore either a number of ball shot or a single
projectile for each pull of the trigger.

Unsafe handgun  ("Saturday night special" or "junk gun")
A handgun with a barrel length under 4 inches that is 
easily concealable and not effective for sporting or self 
defense purposes due to its poor quality of construction, 
inaccuracy, and lack of essential safety features.

Definitions are from or adapted from Federal and State 
codes. (A jurisdiction's laws should be consulted for 
its specific definitions.)

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Initials and acronyms

ATF  Bureau of Alcohol, Tobacco, Firearms and
     Explosives
BJS  Bureau of Justice Statistics
CLEO Chief Law Enforcement Officer
DOJ  Department of Justice
FBI  Federal Bureau of Investigation
FFL  Federal Firearms Licensee
GCA  Gun Control Act
III  Interstate Identification Index
NCHIP National Criminal History Improvement
      Program
NCIC National Crime Information Center
NICS National Instant Criminal Background
     Check System
POC  Point Of Contact
---------------------------------------------
     
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 one 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 U.S. or admitted under a 
nonimmigrant visa; * was discharged from the armed forces 
under dishonorable conditions;
* has renounced U.S. citizenship;
* is subject to a court order restraining him or her from 
harassing, stalking, or threatening an intimate partner or 
child; or 
* has been convicted in any court of a misdemeanor 
crime of domestic violence.

In addition, it is unlawful for a Federal Firearms Licensee
(FFL) to transfer a long gun to a person less than 18 years 
of age or a handgun to a person less than 21 years of age.
It is unlawful, with limited exceptions, for any person to 
transfer a handgun to a juvenile (under 18). (18 U.S.C. 922
(b),(x)).

Brady interim system  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. From February 28, 1994, until November 30, 1998, 
the interim provisions of the Brady Act, 18 U.S.C. 922(s), 
required an FFL to request a background check on a 
prospective handgun purchaser by the Chief Law Enforcement 
Officer (CLEO) of the jurisdiction where the licensee operated.  
A handgun could be transferred if a denial was not transmitted 
within five days by the CLEO. The interim provisions allowed
States with prohibitory statutes comparable to Federal law 
to utilize handgun purchase permits and other alternative 
procedures.

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 
transferee would violate Federal or State law. In addition 
to regulation of handgun sales, the permanent provisions
mandate background checks on long gun purchasers and 
persons who redeem a pawned firearm. A licensee has the 
option of requesting a check on a person who attempts to 
pawn a firearm.

A NICS check by a dealer is not required if a transferee 
presents a State permit qualified by the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives (ATF) 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 five 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, 2004, 
19 States authorized permits that exempted the holder
from a NICS check.

Prior to initiating a NICS check, 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. A 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 arrest and 
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 provides Internet access to dealers through a program 
known as "e-check". Computerized access is also available
through some POC agencies. All NICS checks by the FBI are 
without charge; POC fees are determined by State law or 
agency regulations.  

The FBI and the POC agencies always check three major 
Federal databases, the National Crime Information Center 
(NCIC), the Interstate Identification Index (III), and 
the NICS Index. If the transferee is not a citizen of the
United States, the NICS will query Bureau of Immigration 
and Customs Enforcement (ICE) records. A POC may check 
additional State records. A 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 three business days, the
transfer may proceed at the licensee's discretion (known as 
a "default proceed").

A new NICS rule requires that POC agencies notify the FBI 
of all denied and open transactions, and any subsequent 
changes to the status of those transactions.

A person who is prohibited from purchasing a firearm may 
request the reason for denial from the FBI or POC, which 
has five 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 may be directed to the 
FBI, which will contact the denying agency or the source of 
the record.  A person who is denied by a POC may also have
appeal rights pursuant to State law. 

NICS denial data is electronically transmitted by the FBI 
on a daily basis to ATF's Brady Office, which screens the 
data and refers potential violations to ATF field offices.  
ATF is also informed when the FBI discovers that a
firearm was transferred to a prohibited person after a 
default proceed. An ATF investigation may result in 
retrieval of the firearm or a transfer back to the dealer.

In addition to background checks related to firearm 
transfers, the NICS Index may be accessed for information 
related to a permit or license for explosives, or in 
response to ATF inquiries regarding enforcement of Federal 
firearms laws.  

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.

The only change in State NICS participation during the 
survey year was that the FBI assumed responsibility for 
Indiana handgun checks on October 1, 2003. As of June 
30, 2004, handgun transfer checks are conducted by the 
FBI for 27 States and by POC agencies for 23 States; 
long gun transfer checks are conducted by the FBI for 
36 States and by POC agencies for 14 States. In a few 
States, the FBI conducts the NICS check on certain 
pawn transactions instead of the POC.  

Most States have designated a single agency 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. 
Local agencies access the NICS through a State interface.

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 usually 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 seven 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 sale check by a State agency and a 
NICS check by the FBI.

Sources of additional information  NICS regulations 
have been promulgated by the FBI (28 Code of Federal 
Regulations (CFR) 25) and ATF (27 CFR 478). Internet 
sites for State agencies that provide information about 
firearm laws are listed in the Appendix. Further 
information on Federal law and BJS-related publications 
is available from the following sites:

ATF: <http://www.atf.gov/firearms/index.htm>
FBI: <http://www.fbi.gov/hq/cjisd/nics/index.htm>
BJS: <http://www.ojp.usdoj.gov/bjs/guns.htm>

Firearm sales topics

Prohibited persons

The categories of prohibited persons in the Federal Gun 
Control Act (GCA) are the prevailing minimum nationwide. 
(See Background.) 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. In some cases, Federal and State laws allow a 
prohibited person to regain firearm rights.  

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 an offense 
that carries a penalty of incarceration for more than one 
year.  The GCA prohibits a person who is under indictment 
for or has been convicted of a crime punishable by 
imprisonment for more than one year. A crime is not within 
this prohibition if it is an offense related to the 
regulation of business practices or a State offense 
classified as a misdemeanor and punishable by imprisonment 
of two years or less. A conviction is not prohibitory if 
it was expunged or set aside, or if the offender was 
pardoned or had civil rights restored.  See 18 U.S.C. 
921(a)(20).

Although statutory definitions vary widely, the laws of 
49 States prohibit 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 a convicted felon.

Federal relief from firearm disabilities may be obtained 
through a presidential pardon or an ATF decision. Nearly 
all States allow firearm rights to be regained by a pardon 
or restoration of civil rights, or by expungement or set 
aside of a conviction. (See Jurisdictional summaries.) 
Restoration of State firearm rights may be obtained from 
the governor or through a court order, an 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, a person who obtained a pardon or 
has not committed a new offense for a specified number 
of years may be required to petition a court for an order
that restores firearm rights. The method of restoration 
may depend on the type of offense that was committed. In 
some States, certain offenders can never regain the right 
to possess a firearm.  

State relief from firearm disabilities does not automatically 
restore rights under Federal law or in another State. A State 
proceeding that does not fully restore the rights to possess 
or receive firearms is insufficient to remove a Federal 
disability (27 CFR 478.142).

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. 
Colorado and Florida extend the prohibition to persons 
who have been arrested for certain disqualifying offenses. 
Firearm rights are restored in these States if an arrest 
or criminal charge does not result in a disqualifying 
guilty plea or conviction.

Misdemeanor offenders (23 States) -- Generally, a 
misdemeanor is a crime punishable by incarceration for 
less than one year. A few States have offenses defined 
as misdemeanors that are punishable by incarceration for
more than one year. The types of misdemeanor-level 
offenses included in prohibitory statutes vary widely.  

Federal law and a few State codes only prohibit a 
misdemeanor offender who has been convicted of an act of 
domestic violence (generally, an assault against a spouse, 
an intimate partner, or a child). Several other States 
deny a misdemeanor offender who has been convicted of 
any crime of violence or a firearm offense.  

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 (13 States) -- The GCA, at 18 U.S.C. 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. 
Most States apply a similar definition and some limit 
the prohibition to persons who are wanted for certain 
types of offenses.

Mentally ill (34 States) -- The GCA prohibits firearm 
possession by a person who has been adjudicated as a 
mental defective or committed to a mental institution.  
Only an ATF ruling may grant relief from this 
prohibition.  

The definition of "adjudicated as a mental defective"
(27 CFR 478.11) includes a person who is found by a 
court or other authority to be a danger to himself
or others, unable to manage his own affairs, insane in 
a criminal case, incompetent to stand trial, or not 
guilty by lack of mental responsibility. "Committed to a 
mental institution" includes an involuntary commitment by 
a court or other authority, but does not include a 
voluntary admission.  

State definitions of disqualifying mental illness are 
generally similar to the Federal definition although a 
variety of terminology is used. Some States list specific 
court orders that will cause a mental illness prohibition. 
A person who is prohibited 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 (20 States) -- A 
person prohibited under this category is usually 
subject to a court order (entitled restraining order,
protection order, injunction etc.) intended to prevent 
domestic violence. The applicable orders commonly 
restrain the subject from contacting or harming a 
spouse, former spouse, child, domestic partner, or 
other intimately related person. A prohibitory order 
may also restrain other types of unlawful conduct such 
as the intimidation of a witness in a criminal case.

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. 

The prohibition will be in effect for the duration of 
the order, which may be temporary.

Drug or alcohol abusers and offenders (drug - 30 States; 
alcohol - 20 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 alcoholic." In several States, 
a firearm cannot be transferred to or possessed by a 
person who is intoxicated.  

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 38 States.  

The minimum age for unrestricted purchase and possession 
of a handgun by a minor is usually 18 (28 States) or 21 
(17 States). The minimum age for unrestricted purchase 
and possession of a long gun by a minor is usually 18
(31 States), with other minimum ages ranging from 12 to 
21. In Rhode Island, a person under 18 years of age must 
have a permit to participate in legal firearm activities.

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.  

Juvenile offenders (27 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 23 States, and access to handguns is 
restricted in 4 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.

Aliens (14 States) -- The Gun Control Act prohibits 
transfer of a firearm to a person who has entered the 
United States illegally or has been admitted under a 
nonimmigrant visa. Pursuant to the Immigration and 
Nationality Act, a nonimmigrant visa may be issued to an 
alien who is allowed to reside or travel in the United 
States temporarily. See 8 U.S.C. 1101(a)(15), (26). 
Certain aliens admitted under a nonimmigrant visa are 
exempt from the firearm restrictions. 18 U.S.C. 922(y)
(2).  

Among the States, Massachusetts prohibits issuance of 
a license to carry or a firearm identification card to 
an alien; Hawaii (with exceptions) and Missouri require 
a purchase permit applicant to be a United States citizen. 
A person who is not a United States citizen or lawfully 
admitted for permanent residence cannot possess an assault 
firearm in Virginia. In 10 other States, firearm purchase 
or possession by an illegal alien is prohibited. Hawaii, 
Massachusetts, and Washington allow certain aliens to 
apply for a permit to possess a firearm.  

Other restrictions  Additional categories of prohibited 
persons are defined in State statutes, including persons 
who have failed to complete a firearm safety course, or 
renounced their citizenship, or were dishonorably
discharged from military service. In addition, several 
States penalize a "straw purchase," an attempt to buy a 
firearm on behalf of a known prohibited person. (See 
Jurisdictional summaries for details.)

Between July 1, 2003 and June 30, 2004, eleven States 
expanded the categories of persons who are prohibited 
from purchasing or possessing firearms. Four of these 
States enacted amendments that expanded the scope of 
protective orders. Two States enacted new legislation 
regarding restoration of firearm rights.

Prohibitory records

Record systems are necessary to identify persons who are 
ineligible to receive and possess a firearm. Prohibitory 
records are maintained by Federal, State, and local 
agencies, and may be computerized or on paper. These 
records may be in a database that is used for a variety of 
law enforcement purposes or in a specialized database 
that is used only for background checks on firearm
purchase or permit applicants. The most common types 
of prohibitory records are summarized below.

Criminal history  All States maintain a central 
repository with criminal history records that include, 
at a minimum, felony arrests and dispositions. The first 
entry for a subject is normally an arrest record 
supported by fingerprints. Subsequent dispositions that 
may be recorded include dismissals of charges, guilty 
pleas, convictions, acquittals, admissions to and 
discharges from correctional facilities, and probation 
and parole events. Criminal history repositories also 
record modifications such as an expungement or a set aside 
of a conviction, a pardon, or a restoration of civil 
rights. Agencies that submit records to the repositories 
include police and sheriffs' departments, courts, 
prosecutors, jails, and prisons.

State criminal record systems differ in regard to 
procedures, the extent of automation, and the completeness 
and accessibility of the data. Forty-nine States had 
automated at least some criminal history records by 
December 31, 2001. See Survey of State Criminal History 
Information Systems, 2001, August 2003, NCJ 200343.

Domestic violence misdemeanors  Forty-five States and 
the District of Columbia are able to distinguish 
between felony and misdemeanor records in the central 
repository (Improving Criminal History Records for 
Background Checks, May 2003,
<www.ojp.usdoj.gov/bjs/abstract/ichrbc.htm>). Because
Federal law prohibits a transfer of a firearm to a 
person who was convicted of a domestic violence 
misdemeanor, all States need to identify such
convictions in their criminal records. However, a 
conviction that results from a domestic violence 
incident is only prohibitory if it falls within the
specific definition found at 18 U.S.C. 921(a)(33). In 
addition, a State prohibition may be triggered by a 
domestic violence offense with a definition that 
differs from Federal law.

Domestic violence misdemeanor convictions may be 
identified from criminal history records in 44 States. 
These convictions must be distinguished in the records 
from misdemeanors that are not prohibitory. Most States 
identify prohibitory convictions by use of a "flag," 
a record entry that denotes the offense as being the 
result of a domestic violence incident. A few States 
have criminal laws that apply only in domestic incidents, 
with convictions pursuant to these laws identified in the 
records by an offense code.

If a central repository record does not clearly indicate 
that a misdemeanor conviction resulted from domestic 
violence, a checking agency may obtain further information 
from the court that submitted the record. For example,
court records may disclose the relationship of the victim 
and the perpetrator.

Restraining orders  An order that restrains acts of 
domestic violence or other unlawful conduct is issued
by a judge and usually entered by court or law 
enforcement personnel into a State system or NCIC or 
both. Forty-three States utilize a centralized court 
administrative file or a statewide law enforcement 
network to record orders. Maintenance of a registry 
includes procedures to remove orders that have 
expired.  

Federal law requires each State to accord full faith 
and credit to a protection order issued by a court of 
another State if certain conditions are met.

The NCIC protection order file receives entries that 
meet Federal criteria from 45 States, including 6 
States that do not have their own registry of orders. 
Virginia and West Virginia began sending protection 
orders to NCIC in January 2004.

Mental illness  Federal and State prohibitions encompass 
a variety of civil court orders, including a commitment 
to a mental hospital and a finding that a person is 
incompetent to manage his or her affairs. A prohibition 
may also be caused by a disposition in a criminal 
prosecution, such as a finding of incompetence to stand 
trial or a verdict of not guilty by reason of insanity.  

A criminal case disposition is usually reported by the 
trial court to the State's central records repository. 
Civil commitment records are often protected from 
disclosure by privacy laws. However, some States have
enacted laws (cited in appendix A)that allow such 
records to be used for determining whether an individual 
is eligible to purchase a firearm or receive a permit.

Twenty-two States have a database containing prohibitory 
mental illness records that are submitted by courts or 
treatment facilities. Two other States are developing a 
database. The records are maintained by a statewide
checking agency or a mental health department. A variety 
of dispositions are recorded in these databases, with 
mental hospital commitments being the most common.

In addition, 23 States reported that prohibitory mental 
illness dispositions may be found within the central 
repository's criminal history records. Insanity and 
incompetent to stand trial findings are the most prevalent
dispositions in State criminal records. In a few States, 
an agency conducting a background check may obtain data 
directly from a local court or mental health facility.  

Between July 1, 2003 and June 30, 2004, Alabama and Ohio 
enacted laws that require courts to transmit involuntary 
commitment records to a State agency for use in firearm 
background checks. Virginia began sending mental health 
records to the NICS on a real-time basis in December 2003. 
Tennessee's checking agency began receiving court 
dispositions in June 2004.

Other State records  Centralized data on fugitives from 
justice is maintained by 46 States and 21 States have 
records on juvenile offenders or persons who were 
adjudicated delinquent. Several States have specialized 
data, such as a file that is used to enforce a purchase 
limit of one handgun per month.

Federal databases  The Federal system for background 
checks on firearm applicants primarily depends on three 
databases administered by the FBI: the National Crime 
Information Center (NCIC), the Interstate Identification
Index (III), and the NICS Index. Checking agencies 
normally access NCIC and III, and NICS point of contact 
agencies also access the NICS Index. If the transferee is 
not a citizen of the United States, the NICS will query
records of the Bureau of Immigration and Customs 
Enforcement(ICE).  

NCIC contains supervised release, federal prisoner, 
protection order, deported felon, wanted person, violent 
gang, terrorist, and sexual offender files. The III is a 
national system which points to States with a criminal 
history record on an individual. The NICS Index contains 
records of persons prohibited by Federal law from receiving 
a firearm and is divided into controlled substance, mental 
defective, illegal alien, dishonorable discharge, 
renunciation of citizenship, and denied person files. Alien
registrations and admissions and other records are contained 
in several databases managed by ICE.

Federal, State, and local agencies supply information to 
NCIC and the NICS Index pursuant to law or on a voluntary 
basis.

Impediments to record checks The absence of flags, missing 
dispositions, insufficient details on relationships between 
victims and offenders, and other incomplete records issues 
are the most common impediments to identifying domestic 
violence misdemeanor convictions in State databases. 
Incomplete records are also the most common difficulty 
encountered by statewide restraining order repositories, 
mainly because of courts' inability to provide all necessary 
information to the repositories.

Checking agencies' ability to retrieve complete and 
accurate mental illness data is significantly affected by 
the absence of interfaces between mental health databases 
and criminal history repositories, the lack of biometric
identifiers in the records, incomplete automation of 
record systems, and privacy laws.

Record improvements  State repositories held over 64 
million criminal history records at yearend 2001, and about 
90% of the records were automated. About 75% of the 
automated records were accessible for firearm background 
checks. From 1995 to 2001, the number of criminal history 
records grew 29% nationwide, the number of automated records 
increased 35%, and the number of records available for 
sharing through III climbed 75%. During the same period, 
prohibitory records that do not involve felonies have 
become more widely accessible. (Improving Criminal History 
Records for Background Checks, May 2003,
<www.ojp.usdoj.gov/bjs/abstract/ichrbc.htm>.)

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." 44 
U.S.C. 921(a)(3). 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. (Also see Glossary of firearm terms for 
definitions.) State codes sometimes divide firearms into 
categories based upon the length of the barrel.

The sale and possession of handguns is extensively 
regulated because a handgun can be easily concealed upon 
a person and is carried during the overwhelming majority 
of crimes committed while the offender is in possession 
of a firearm. A survey of inmates who carried a firearm 
while committing a crime found that 83% of State inmates 
and 87% of Federal inmates possessed a handgun during 
their offense (Firearm Use by Offenders, November 2001, 
NCJ 189369). Long guns are used much less frequently in 
crime and are subject to less extensive regulation than 
handguns.  

Certain types of firearms are regulated because they are 
deemed by legislators to be inappropriate for self-defense 
or sporting purposes. The sale and possession of assault 
weapons, machine guns, short-barreled ("sawed-off") rifles 
and shotguns, and unsafe handguns is often prohibited or 
allowed only in limited circumstances. Federal law and 
the laws of 43 States prohibit, severely restrict, or 
require registration for at least one type of firearm. 

Exceptions to restrictions on certain types of weapons 
are often allowed for law enforcement officers and 
firearm collectors.

An assault weapon may be a handgun or long gun, but is 
distinguished by the presence of special features common 
to military weapons (see for example the definition given 
in 18 U.S.C. 921(a)(30)). The most common features of an
assault weapon 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.  

Federal law, at 18 U.S.C. 922(v), provides that it shall 
be unlawful for a person to transfer or possess a 
semiautomatic assault weapon, unless the firearm was 
lawfully possessed before September 13, 1994. In addition, 
nine States regulate assault weapons. Some jurisdictions 
publish a list of makes and models that are banned or 
restricted.

A machine gun (automatic firearm) will automatically fire 
more than one bullet, without manual reloading, by a single 
function of the trigger. Like assault weapons, machine 
guns are designed to rapidly fire a high volume of
ammunition. Federal law, 18 U.S.C. 922(o), provides 
that it shall be unlawful for a person to transfer or 
possess a machine gun, unless it was lawfully possessed 
before May 19, 1986. In addition, thirty-nine States
regulate machine guns.

A short-barreled rifle has one or more barrels less 
than 16 inches in length or has an overall length of 
less than 26 inches due to modification. A short-barreled 
shotgun has one or more barrels less than 18 inches in 
length or has an overall length of less than 26 inches 
due to modification. Short-barreled rifles and shotguns 
(and machine guns) must be registered pursuant to Federal 
law, 26 U.S.C. 5841. Thirty-three States regulate short-
barreled rifles and 40 States regulate short-barreled 
shotguns.

An unsafe handgun ("Saturday night special" or "junk 
gun") has a barrel length under 4 inches, is easily 
concealable, and is not effective for sporting or self 
defense purposes due to its poor quality of construction,
inaccuracy, and lack of essential safety features. Seven 
States forbid sales of handgun models that are determined 
to be unsafe. The quality of a handgun's construction is 
determined by its melting point or by technical standards 
found in State codes.

Other weapons that may be prohibited include zip guns and 
firearms that are made for silent discharge or that cannot 
be detected by airport security devices.

The primary focus of this report is upon regulation of 
transfers involving handguns, long guns, and assault weapons. 
Methods of regulating various types of firearms are described 
in Regulated sales and Approval systems. Types of firearms 
that are exempt from regulation in many jurisdictions are 
generally not discussed in this report. These types include 
antique, curio, and replica firearms, and weapons that have 
been rendered permanently inoperable.

Terms such as 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 jurisdictions 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 are included in the jurisdictional summaries, 
table 3, and appendix A.)

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 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  The Brady Act requires a Federal Firearms 
Licensee (FFL) to request a NICS check on all persons who 
purchase a firearm or redeem a pawned firearm (see 
Background).  

In addition to the Federal system, 30 States require licensed 
dealers to request a background check or review a prospective 
buyer's permit. Of these States, 19 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, ten regulate private transfers 
of all types of firearms, one regulates private transfers 
of handguns and assault weapons, and six regulate only 
handgun transfers.

Fifteen States regulate all private sales. Colorado and 
Oregon only regulate private sales that occur at gun shows. 
Delaware, Nevada, and Oregon allow unregulated private 
sellers the option of requesting a check on a purchaser.

Gun shows  Seven States have statutes that specifically 
regulate gun shows. 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 pistols 
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 dealer transfers. 
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. 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 
an unlicensed person 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. 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.

A State POC may opt to receive notification from NICS when 
a resident of their State attempts to purchase a rifle or 
shotgun in another jurisdiction (known as "long gun 
notification.") The POC agency may have access to a record 
on the prospective purchaser that is not available to the 
checking agency in the other jurisdiction.

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, and Virginia. (South Carolina repealed a similar 
law in 2004.) These limits are intended to deter persons who 
would purchase large quantities of handguns for resale to 
prohibited persons.

Approval systems

Over 3,000 State and local agencies are required by law to 
determine the eligibility of persons who apply to receive a 
firearm or a permit that can be used for a purchase. Systems 
for determining the legal eligibility of prospective 
purchasers may generally be classified as "instant approval,"
"purchase permit," "exempt carry permit," or "other approval" 
systems.

Of the 29 States that require a background check or a 
permit, 16 have instant approval, 12 utilize purchase 
permits, and 5 maintain other approval systems. Connecticut, 
Illinois, and New Jersey are each counted twice because 
these States operate permit and instant approval systems. 
Minnesota allows purchasers the options of obtaining a 1-
year permit or undergoing a background check for a single 
purchase transaction (the "other approval" process).

Exempt carry permits, issued in 19 States, are not required 
for purchase but may be used to exempt the holder from a 
background check at the point of sale.

Instant approval  This type of system allows a licensed 
firearms dealer 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. Four 
instant approval systems, Colorado, Connecticut, Oregon, 
and Pennsylvania require at least some unlicensed sellers 
to request a check from a statewide agency. Unlicensed 
sellers either contact the checking agency directly or 
request a check through a licensed dealer or a police 
station.  

All State instant approval systems function as NICS points 
of contact except for the Delaware system.(See Background.) 
These 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. (See Waiting periods.)
Pursuant to the Brady Act or a State law, most instant 
approval systems allow three days for a checking agency to 
conduct a background investigation and reach a decision on 
an applicant's eligibility. A transfer is usually allowed to 
proceed if the seller has not received a response from the 
checking agency by the end of the applicable period.  

Purchase permits  These documents are issued by a government 
agency after a background check and must be presented to a 
seller in order to receive a firearm. (The required documents 
have a variety of titles, such as license or identification 
card, but all are referred to below as "permits.") The time 
period that a checking agency is allowed to investigate a 
permit applicant ranges from 2 days in Nebraska to 180 days 
in New York. Most purchase permit systems allow a checking 
agency 7 to 30 days to approve or deny an application. A few 
States mandate a waiting period after a permit application is 
filed and before the permit can be issued or a firearm can be 
acquired.

Federal law does not mandate a permit to purchase firearms. 
Twelve States administer purchase permit systems that 
regulate sales of handguns. Four of these States also require 
a permit to purchase a long gun. Minnesota's permit is 
required for purchase of a handgun or an assault weapon.

In addition to the handgun and long gun permits, New Jersey, 
North Carolina, Ohio, and South Carolina require special 
permits in order to purchase or possess certain types of 
firearms (such as machine guns)that are generally prohibited. 
(See Jurisdictional summaries.)

The handgun and long gun purchase permits vary according 
to the duration of a permit and the number of firearms 
that can be purchased at one time or during the tenure 
of a permit. 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 ranges from 1 to 
5 years.  

Generally, permits with a lengthy duration may be revoked 
by the issuing agency if the holder is convicted of a crime 
or otherwise becomes ineligible to possess a firearm.

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, 
while New York requires 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 
have not been qualified by ATF as an alternative to the 
NICS requirements. (See Background.)

Exempt carry permits  These documents primarily allow 
holders to carry a concealed firearm, but also may be used 
as purchase permits. A carry permit is exempt pursuant to 
Federal law if ATF determines that the permit meets the 
requirements of the Brady Act. Some carry permits can be 
used to exempt the holder from a background check required 
by State law. In addition, a few States exempt certain permit 
holders from waiting period requirements.  

Overall, 44 States require a concealed firearm permit, 
including three States that enacted new laws between July 1, 
2003, and June 30, 2004. Four States generally prohibit 
carrying a concealed firearm. A firearm may be carried without 
a permit in Vermont and Alaska. (An Alaska concealed handgun 
permit may still be obtained in order to purchase firearms 
without a new background check or receive reciprocity from 
another State.)  

Exempt carry permits are issued in 19 States. Some permits 
issued before November 30, 1998, were "grandfathered" in as 
exempt from the NICS point-of-sale check because they were 
qualified by ATF under the interim Brady law. All of the 
grandfathered permits expired by November 30, 2003.

Agencies that issue exempt carry permits usually have between 
30 and 120 days to approve or deny an application. States that 
authorize 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 the issuing officer 
to consider the applicant's history, character, and intended 
purpose for carrying a firearm.  

Most exempt carry permits are valid for four or five years. 
Generally, a permit may be revoked by the issuing agency if 
the holder becomes ineligible to carry a concealed firearm.

Other approval systems  These systems combine some of the 
characteristics found in instant check and permit systems. 
Generally sellers are required to convey purchaser 
information to a checking agency by mail, telephone, or 
other electronic means. Three of the five other approval 
systems require licensed dealers and private sellers to 
request background checks. The California and Maryland 
systems function as NICS points of contact.

In other approval systems, the checking agency is not 
required to respond immediately to the seller, but must 
respond within a waiting period or other statutory time 
limit. The applicable time periods for a response range 
from 7 to 10 days. These 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.

Checking delays  Some approval systems allow an extension 
of the time available to complete a background 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. (See Checking process.) In a few States, 
the checking agency is allowed more time to investigate 
an applicant who resides in another jurisdiction.

Waiting periods

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

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 Brady Act 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.)

Checking process

Development of the NICS has increased the national 
uniformity of procedures used to approve or disapprove 
firearm transfers. However, approval systems
established by State laws still employ a variety of 
procedures to determine the eligibility of prospective 
purchasers. The process for determining eligibility may 
be divided into three stages: application, background 
check, and post-denial.

Application  Federal and State laws require prospective 
firearm purchasers to provide information that is needed 
to initiate a background check. In order to receive a 
firearm from a licensed dealer, federal law requires
submission of a Firearm Transaction Record, ATF Form 4473. 
The form requires the buyer's full name, residence address, 
place of birth, height, weight, gender, date of birth, 
race, State of residence, country of citizenship, and 
alien or admission number. A Social Security Number is
optional.

A few 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.

Depending on the type of approval system, checking 
agencies receive applicant information in person or by 
mail, telephone, or the Internet. Federal law, at 18 U.S.C. 
922(a)(6), makes it unlawful to acquire or attempt to 
acquire a firearm by making a false statement or furnishing 
false identification to a licensee. Twenty-eight States 
have similar laws. Attempting to obtain a firearm or a 
permit under false pretenses may be grounds for denial of 
an application, or subject the applicant to a fine or 
incarceration.

The laws of 23 States allow a checking agency to charge a 
fee for processing a sale transaction or issuing a purchase 
permit. Seven States do not charge a fee for a background 
check that is related to a sale transaction. Fees charged 
at the point of sale (usually collected by dealers and 
remitted to the State) range from $2 in Illinois, 
Pennsylvania, and Virginia to $25 in Nevada.  

Checking agencies in Michigan and Minnesota do not 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 $100 for a firearm 
identification card or a license to carry in Massachusetts. 
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.

Background check  Many agencies that issue purchase or 
exempt carry permits initiate a check by sending an 
applicant's fingerprints to a State unit or the FBI or 
both. The prints are compared against arrestee records 
already on file. Instant check systems compare the 
applicant's name and other identifying information 
against computerized prohibitory records. Generally, 
the automated agencies conduct a single background check 
that incorporates Federal and State requirements for each 
transaction.

A background check may also involve obtaining a record that 
is not available in a national or statewide electronic 
database. A sheriff's office or police department may search 
county court files or other local records. If an electronic 
record is not complete, the agency that created the original 
record may be contacted to find out if it has been updated.

The effectiveness of background checks is affected by the 
degree of automation involved, the types of prohibitory 
records available, and the extent to which the records are 
complete. The time an agency needs to obtain complete 
information may be lengthened if records on an applicant 
are maintained in another jurisdiction. A delay may also 
occur if research is needed to determine whether an entry 
on an applicant's record disqualifies the person from 
receiving a firearm.

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 5 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 seller). 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 (termed a "default proceed" by the NICS). 
Other States have laws and regulations that allow their 
agencies to deny a transfer if an applicant was arrested for 
an offense that would be disqualifying upon conviction.

A checking agency may continue to research an incomplete 
record even after a default proceed has occurred. If a 
disqualifying record is found at a later date (termed a 
"delayed denial" by the NICS), the dealer may be contacted 
to determine if the applicant completed the transaction and
received a firearm. If the transfer has occurred, law 
enforcement officers may locate the purchaser and confiscate 
the firearm.

Post-denial  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 
law enforcement agencies of denied persons who are wanted 
in an outstanding warrant or who may have attempted to 
obtain a firearm in violation of Federal or State law. A 
denied person may have acted illegally by submitting false 
information or failing to disclose required information on 
an application, by attempting to make a purchase while 
subject to a prohibition, or by attempting to obtain a 
firearm on behalf of a prohibited person.  

Numerous agencies receive notices of denied persons, 
including special police units, ATF, and agencies with 
jurisdiction over the location of the transaction (usually 
a dealer's premises)or the applicant's residence. (For 
statistics on arrests of denied persons, see Background 
Checks for Firearm Transfers, 2003, September 2004, NCJ 
204428.)            

Transaction and registration
records  

Federal and State laws mandate the information that must be 
provided by prospective firearm purchasers, the types of 
information that must be retained or purged by checking 
agencies, and time periods for saving or destroying 
records.  

Some checking agencies receive and retain paper records 
of permit or purchase applications. Nevertheless, most 
buyer information is transmitted over the telephone or 
via computer by a licensed dealer and stored electronically 
by a checking agency.

Retention of information on allowed transactions is often 
limited by law because of concern for the privacy of lawful 
firearm owners. In contrast, retention of information on 
denied transactions is seldom limited, due to its usefulness 
for judicial and law enforcement purposes.

A new Federal law requires destruction of identifying data 
from allowed NICS transactions within 24 hours after the 
dealer is notified of the decision, except in States where 
a different retention period is mandated by law. The new law 
applies only to NICS sale transactions, not to alternative 
permit applications. Federal law does not require purging of 
data from denied transactions.

Thirty-two States retain records from sale transactions or 
purchase permit applications. Nearly all instant check 
agencies retain allowed transaction records for less than 60 
days but retain denied transaction records for more than 90 
days.  

In States where county sheriffs or municipal police 
departments issue permits or purchase approvals, the 
retention period for transaction records is usually at the 
discretion of the checking agency. Some State agencies are 
required to maintain copies of transaction records forwarded 
by local checking agencies.

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 allowed transaction 
may be retained for auditing purposes for a longer period than 
other data about the applicant. Retention of all allowed 
transaction records is mandated in two States for certain types 
of firearms: handguns in California and regulated firearms
(handguns and assault weapons)in Maryland.

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 allowed 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. 
Federal law requires registration of a machine gun or a 
short-barrel rifle or shotgun. Twelve States register at 
least one type of firearm. The types of firearms most 
commonly registered by these States are machine guns, 
assault weapons, and handguns. A few States register short-
barrel rifles or shotguns, or all rifles and shotguns. 
(Statutes requiring registration are listed in appendix A.) 
The laws of several States prohibit registration of 
firearms.

Appeals of denials

Specific procedures for appealing the denial of a firearm 
purchase or permit are codified in Federal law and in the 
laws of nearly all States that process background checks. 
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). 
The most common State procedure provides an appeal to the 
checking agency for reconsideration of a denial, and a 
subsequent appeal to a court.  

Eighteen States provide an appeal to the checking agency 
for a person who is denied a firearm purchase or permit. A 
different group of eighteen States provide an appeal to a 
court. Connecticut and Pennsylvania provide an appeal to an 
agency that is separate from the checking unit.

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 for requesting 
reconsideration. Some States impose a deadline 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 a 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.

An appeal may be filed when there is no entry in criminal 
history records for a proceeding that restored the 
applicant's firearm rights. An administrative agency or 
a court may also need to decide whether a pardon or an 
expungement of a conviction was sufficient to restore an 
applicant's firearm rights.

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.

The vast majority of disputed firearm denials are resolved 
at the administrative level and are based upon the accuracy 
of records instead of an interpretation of the law.

Rejection rates

State and local checking agencies received an estimated 3.4 
million firearm transfer applications during 2003; an 
estimated 65,000 applications were rejected, a rejection 
rate of 1.9% (FBI checks are not included in these figures). 
The most common reason for rejection of an application by a 
State or local checking agency was the applicant's indictment 
or conviction for a felony offense (45%), followed by a 
conviction for a domestic violence misdemeanor (12%). (See 
Background Checks for Firearm Transfers, 2003, September 2004, 
NCJ 204428.)  

The 2003 background check statistics included applications 
for transfers, permits required for transfers, and carry 
permits that could be used to exempt the holder from a check 
at the point of transfer. This national estimate combined 
actual counts from statewide reporting agencies with an 
estimate for aggregated local agencies.

The rejection rates among State and local agencies in 2003 
for the various types of firearm approval systems were 
estimated to be 2.1% for instant approvals, 2% for purchase 
permits, 1.5% for exempt carry permits, and 1% for other 
approval systems.  

Statewide rates  The number of applications received and 
rejected, and rejection rates for statewide agencies during 
2003 are reproduced in table 1.  

Fourteen instant approval systems exhibited the widest 
variation in rejection rates, ranging from 0.3% in 
Connecticut to nearly 4% in Tennessee. Statewide rejection 
rates for purchase permit applications ranged from 1.7% in 
Hawaii to 2.9% in Illinois. Rejection rates for nine States 
that reported exempt carry permit counts ranged between 0.2% 
in North Dakota and Arizona to 3.6% in South Carolina. 
Rejection rates were also available for the "other approval" 
systems in Maryland (1.9%) and California (1.0%).

Variations in rejection rates among States may be influenced 
by many interrelated factors, including the type of approval 
system, the number of years the system has operated, the 
extent of State firearm regulation, the length of time allowed 
for an agency to complete a check, the decision process for 
records with missing dispositions, and the extent of automation 
of criminal histories and other records. Although the full 
impact of these factors has not been quantified, a few 
observations are possible from the limited information 
available.

Among the lowest rates were those of New Jersey (0.4%) and 
Illinois (0.7%), 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, both States require a prospective owner 
to obtain some type of purchase permit such as an 
identification card or a handgun permit. During the first 
step of the process, the rejection rates are considerably 
higher in New Jersey (2.0%) and Illinois (2.9%).

Generally, higher rejection rates occur in States that 
implemented an instant approval system on or after February 
28, 1994, the effective date of the Brady Act. These States 
include Tennessee (3.9%) and Colorado (3.4%).

In contrast, approval systems established before passage 
of the Brady Act tend to have lower rejection rates. In 
addition to California, Connecticut, Illinois, and New Jersey, 
these systems include Virginia (1.1%) and Wisconsin (1.6%). 
Extensive regulation of firearm sales by States with older 
approval systems may influence rejection rates. 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.

Rejection rates may be influenced by a State's policy toward 
applicants who have incomplete records for criminal history and 
other disqualifying factors. Checking agencies most frequently 
encounter delays while attempting to determine the final 
disposition of a criminal charge that is 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 may 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 types of rules may partially 
account for the comparatively high rejection rates in 
States such as Colorado and Tennessee.

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.

Local agencies that provided data for the 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).

In 2003, rates varied among local agencies by size of the 
population served and type of permit. The rejection rate 
for purchase permits was highest in large communities 
(2.9%)and lowest in small communities (0.9%). Exempt carry 
permits exhibited a similar pattern, with the highest rate 
occurring in large communities (1.7%) and the lowest rate 
occurring in small communities (0.6%).

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 are generally not 
repeated elsewhere. State participation in the NICS is 
described in sub-headings for the summaries.

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

Prohibited firearms. Types of firearms that cannot be 
purchased or possessed by any person or that may only be 
purchased or possessed pursuant to a limited exception.

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 
(such as handguns or long guns), and transactions (such as 
sales or redemptions)that are regulated.

Permits. Documents (such as a permit, license, or 
identification card)issued by law enforcement agencies, 
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.

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

State data. Automated and manual prohibited person data 
that are maintained by State agencies. The data is 
available to agencies within the State for background 
checks on firearm buyers or permit applicants, and may 
also be available to agencies outside the State. Local 
record sources may also be described.

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 allowed 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 that can be used for a 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.

2003/2004 legislation. Significant changes in laws 
related to firearm sales that became effective between 
July 1, 2003, and June 30, 2004.

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

Source of information. 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 federally-licensed 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 may be 
restored by a presidential pardon or by ATF; agency 
decisions may be appealed to Federal district court.

Prohibited firearms. It is unlawful, with limited 
exceptions, to possess or transfer a machine gun, a 
firearm not detectable by airport security devices,
or a semiautomatic assault weapon.

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. A long gun 
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 buyer resides. 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 26 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 (known as a "default proceed").

Waiting period. No Federal requirements.

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), which includes protection order, fugitive, 
and other data; and the NICS Index, which includes mental
defective, illegal alien, denied person, and other data. 
Immigration and Customs Enforcement(ICE)data is queried for 
non-citizen buyers.

Check processing time. About 90% of the inquiries conducted 
by the FBI in 2003 resulted in an immediate "proceed" 
response.

Retention of records. Identifying information on 
transactions allowed by the FBI is purged within 24 
hours. Open transaction information is purged within
90 days. Information on applicants denied by the FBI 
is retained indefinitely.

Registration. A short-barrel shotgun or rifle or a 
machine gun must be registered.

Appeals of denials. A person who is denied a firearm after 
a NICS check may 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 notifies ATF of NICS 
denials and persons who obtain a firearm by default 
proceed but are subsequently determined to be 
prohibited.

2003/2004 legislation. The ban on undetectable firearms 
was renewed and the retention period for identifying 
information from approved NICS transactions
was reduced to 24 hours.

Relevant laws. United States Code 18-922 et seq; 
26- 5801 et seq.

Source of information. Federal Bureau of Investigation, 
NICS Program Office; Bureau of Alcohol, Tobacco, 
Firearms, and Explosives.

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 an 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, an habitual drunkard, 
or of unsound mind.

Restoration of rights. A person who has been convicted 
of a crime may regain the right to possess a handgun 
through a pardon.

Prohibited firearms. It is illegal for a person to 
possess, obtain, receive, sell, or use a short-
barreled rifle or shotgun, except for a peace officer
engaged in official duties.

Regulated sales. All transfers of firearms conducted 
by a licensed importer, manufacturer, or dealer shall 
be subject to a NICS check. 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, nor lend, 
give, or otherwise deliver a handgun contrary to the 
provisions of the law. 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 firearms dealers in Alabama 
contact the FBI for all checks required by the Brady 
Act.

Waiting period. 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. Criminal histories may contain domestic 
violence misdemeanor convictions (flagged records)and 
insanity, incompetent to stand trial and involuntary 
commitment dispositions. A statewide database of 
probate court mental health records is being developed.

Check processing time.  Not applicable.

Retention of records. A form in triplicate is made for 
every pistol sold by a licensed dealer. One copy of the 
form shall be sent within 6 hours by registered or 
certified mail to the chief of police of the 
municipality or the sheriff of the county of which the 
dealer is a resident; the dealer shall within seven days 
send the duplicate to the Secretary of State; and 
the dealer shall retain the triplicate for 6 years.

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.

2003/2004 legislation. A new law requires that all 
transfers of firearms conducted by a licensed importer, 
manufacturer, or dealer shall be subject to a NICS 
check. Data needed for a NICS check shall be provided 
to the Criminal Justice Information Center by State 
and local agencies. A court that orders an involuntary 
commitment of a person who has shown a history of
inappropriate use of firearms or poses a threat to do 
so shall forward a copy of the order to CJIC. The order 
shall then be entered into the State system and the 
NICS.

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

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

Contact. Mark Hartley, Criminal Justice Information 
Center, 770 Washington Avenue, Room 350, Montgomery, 
AL 36130, (334) 242-4900.

Alaska

FBI conducts NICS checks

Prohibited persons. Alaska law makes it a crime for a 
person to: knowingly possess a handgun after having 
been convicted of a felony or adjudicated a delinquent 
minor for conduct that would constitute a felony if 
committed by an adult by a court of this State, a court 
of the United States, or a court of another State or 
territory; knowingly sell or transfer a handgun to a
person who has been convicted of a felony by a court of 
this State, a court of the United States, or a court of 
another State or Territory; knowingly sell or transfer a 
firearm to a person whose physical or mental condition
is substantially impaired by intoxicating liquor or 
controlled substances; knowingly sell a firearm to a 
person under 18 years of age; or possess a firearm as an 
unemancipated minor under 16 years of age 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."

Prohibited firearms. It is illegal to manufacture, 
possess, transport, sell, or transfer a prohibited 
weapon (which includes a machine gun, short-barrel
rifle, or short-barrel shotgun), unless it is 
registered under the National Firearms Act.

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

Permits. Alaska does not require a permit to purchase 
firearms. A person who may legally carry a firearm is 
not required to obtain a permit to carry a concealed 
handgun. However, a person may obtain a concealed 
handgun permit in order to purchase firearms without a 
new background check or receive reciprocity from other 
States.

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. The Alaska 
Department of Public Safety conducts background checks 
on applicants for concealed handgun permits. ATF allows 
a holder of a valid concealed handgun permit to purchase 
a firearm without a new NICS check.

Waiting period. No State requirements.

Purchaser fees. None.

State data. Alaska maintains fully automated fugitive, 
criminal history, and domestic violence protective order 
data on a statewide network. Domestic violence 
misdemeanor convictions may be identified from flagged 
criminal history records created after January 15, 1998.  
Insanity and incompetent to stand trial dispositions may 
be found within criminal histories.

Check processing time. Not applicable.

Retention of records. Information on persons who are denied 
a concealed handgun permit is retained for a minimum of 
5 years.

Registration. No State requirements.

Appeals of denials. A person who is denied a firearm by the 
FBI may appeal under Federal law. A denial of a concealed 
handgun permit application may be appealed to the 
commissioner of public safety.

Arrests of denied persons. No information is available.

2003/2004 legislation. The statute that required a person 
to possess a permit while carrying a concealed handgun was 
repealed. A person who may legally carry a firearm may now 
carry it concealed without a permit.

Relevant laws. Alaska Statutes 11.61.200; 11.61.210;11.61.
220; 18.65.700.

Source of information. Alaska Department of Public Safety.

Contact. David Schade, Department of Public Safety, 5700 
East Tudor Road, Anchorage, AK 99507, (907) 269-5708.

Arizona

FBI conducts 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 a danger to himself 
or others by a court order and is under treatment, convicted
of a felony in Arizona or another State, adjudicated 
delinquent, imprisoned, or is 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.

Prohibited firearms. It is illegal to manufacture, possess, 
transport, sell, or transfer a prohibited weapon, which 
includes a machine gun or a short-barreled rifle or shotgun 
(unless it is registered in accord with federal law).

Regulated sales. Arizona does not require background checks 
on private person to person transfers of firearms.

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

Background checks. The State is not a point of contact for 
the NICS. Licensed firearms dealers in Arizona contact the 
FBI for all checks required by the Brady Act. The Department 
of Public Safety (DPS)Concealed Weapons Unit conducts 
background checks on applicants for concealed carry 
permits. ATF allows a holder of a valid Arizona permit to 
purchase a firearm in the State without a new NICS check.
                              
Waiting period. No State requirements.

Purchaser fees. There is no fee for a purchase. The 
concealed weapon permit fee is $65.

State data. Arizona maintains fully automated fugitive and 
criminal history data on a statewide network. Probation, 
parole, and flagged domestic violence misdemeanor data are 
found within criminal history records. Sex offender 
registration and corrections data are also available. The 
courts report limited data on involuntary commitments to 
DPS. Domestic violence protective orders are entered into a 
court repository which is being expanded to include all 
State courts.

Check processing time. Not applicable.

Retention of records. Data on persons who are denied a 
concealed weapon permit are kept on paper for 5 years.

Registration. No State requirements.

Appeals of denials. A person who is denied a firearm by the 
FBI may appeal pursuant to Federal law. A person who is 
denied a concealed weapon permit may request reconsideration 
by submitting additional data to DPS. An administrative 
hearing may be held. A further appeal may be filed in 
superior court.

Arrests of denied persons. No information is available.

2003/2004 legislation. No significant changes.

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

Source of information. Arizona Department of Public 
Safety.

Contact. Willard Whalen, Department of Public Safety, 
Concealed Weapon Permit Unit, P.O. Box 6638, Phoenix, 
AZ 85005,(602)223-2704 (telephone),(602) 223-2829(fax).

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 may also occur with a pardon.

Prohibited firearms. It is illegal, with limited exceptions, 
to use, possess, make, repair, sell, or otherwise deal in a 
machine gun or sawed-off shotgun or rifle, or a firearm 
specially made or specially adapted for silent discharge.

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 firearms dealers in Arkansas contact 
the FBI for all checks required by the Brady Act. The 
Arkansas State Police conducts background checks on applicants
for concealed handgun permits. ATF allows a holder of a 
valid concealed handgun permit to purchase a firearm without 
a new NICS check, if the permit was issued on or after April 
1, 1999.

Waiting period. No State requirements.

Purchaser fees. None.

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

Check processing time. Not applicable.

Retention of records. Information on persons who are 
denied a concealed handgun permit is retained 
indefinitely.

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. No information is available.

2003/2004 legislation. No significant changes.

Relevant laws. Arkansas Code 5-73-101 et seq; 5-73-201 
et seq.

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

Contact. Cora Gentry, State Police AFIS/ID Bureau, One 
State Police Plaza Drive, Little Rock, AR 72209,
(501) 618-8516.

California

State requests NICS checks

Prohibited persons. State law prohibits possession of a 
firearm by a person who has been convicted of a felony 
in California or another jurisdiction or a misdemeanor 
specified in State law; is addicted to any narcotic drug; 
is prohibited as a condition of probation; is subject to 
a protective order; was adjudged a ward of the juvenile 
court; or is mentally ill or disabled 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 pass a 
safety course or show proof of exemption.

Restoration of rights. Firearm rights can be restored by 
a governor's pardon if the conviction did not involve use 
of a deadly weapon or if an underlying conviction is 
reopened and the subject pleads to a lesser charge. Persons
convicted of specified misdemeanors or committed to a mental 
institution 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.

Prohibited firearms. Short-barreled rifles and shotguns, 
unsafe handguns, machine guns, assault weapons, and 
several other types of firearms are prohibited, with 
limited exceptions.

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 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 
with a 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.

Purchaser fees. DOJ charges $20 for a check on a single 
handgun or an unlimited number of long guns, and $16 for 
additional handguns purchased at the same time (by those 
who are exempt from the one per 30-day rule). A dealer 
may charge an additional $10 fee per firearm to process 
a private transfer.

State data. California maintains fully automated fugitive, 
criminal history, restraining order, domestic abuse 
conviction (flagged records), probation/parole, juvenile, 
and prohibited armed persons data. DOJ maintains a 
database of mental health dispositions and some may also 
be included in criminal histories.

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. DOJ enforcement and local law 
enforcement serve search warrants and arrest and 
prosecute armed prohibited persons who are found to be 
in possession of firearms.

2003/2004 legislation. Amendments included changes 
to laws regarding misdemeanor convictions, juvenile 
offenses, protective orders, background checks, and 
transaction fees.

Relevant laws. California Penal Code 12000 et seq; 
Welfare and Institutions Code 8100 et seq.

Source of information. CA. Department of Justice.

Contact. Steve Buford, Department of Justice Firearms 
Division, P.O. Box 820200, Sacramento, CA 94203, 
(916) 227-4340.

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.

Prohibited firearms. It is illegal, with limited exceptions, 
to knowingly possess a dangerous weapon, which includes a 
machine gun, short shotgun, or short rifle.

Regulated sales. State law requires background checks on 
persons who purchase firearms from licensed dealers or at 
a gun show. Residents of any State 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.

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, restraining order, 
and flagged domestic abuse misdemeanor data on a statewide 
network. CBI receives court records of persons who have
been adjudicated as a juvenile delinquent. Criminal 
histories may contain insanity and incompetent to stand 
trial dispositions. Data on persons who are incapacitated 
or committed for drug, alcohol or mental health treatment
are reported by State courts to the NICS. The State is 
pursuing technical and administrative improvements to 
record systems for domestic violence misdemeanor 
convictions and restraining orders.

Check processing time. Routine transactions are processed 
within 1 hour; transactions requiring additional research 
are processed within 3 days.

Retention of records. CBI purges data from allowed NICS 
transactions within 24 hours. Data from denied 
transactions can be retained indefinitely.

Registration. No State requirements.

Appeals of denials. A person who is denied a firearm 
may request reconsideration by submitting additional 
information to 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.

2003/2004 legislation.  No significant changes.

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.

Contact. Susan Kitchen, CBI InstaCheck Unit, 690 Kipling 
Street, Room 3000, Denver, CO 80215, (303) 239-4235.

Connecticut

State requests NICS checks

Prohibited persons. A pistol permit or an eligibility 
certificate shall not be issued to a person who failed 
to complete a firearm safety course. A person may not 
obtain a pistol permit or an eligibility certificate or
possess a handgun if the person is convicted of a felony, 
any of 11 specified misdemeanors, or a serious juvenile 
offense; 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 psychiatric
disabilities within the preceding 12 months by court 
order; subject to a restraining, protective, or firearm 
seizure order; an illegal alien; or under age 21. A 
firearm may not be possessed by a person who has been
convicted of a felony, a serious juvenile offense, or a 
domestic violence misdemeanor, or is subject to a 
restraining, protective, or firearm seizure order.

Restoration of rights. The Board of Pardons may restore 
the right to possess a firearm or override a conviction.

Prohibited firearms. Assault weapons and sawed-off 
shotguns are prohibited, with few exceptions.

Regulated sales. State law requires background checks on 
persons who apply for a permit or receive a firearm, 
except for a long gun transfer between unlicensed persons 
who are not at a gun show. A person who becomes ineligible 
to possess a firearm must transfer all firearms owned 
within 2 business days and notify the Department of 
Public Safety of the transfer. Firearms dealers must have 
a State permit.

Permits. An eligibility certificate or pistol permit is 
required to purchase a handgun. Both documents are valid 
for 5 years, allow unlimited purchases, and will waive 
the long gun waiting period. Carrying a handgun also 
requires a pistol permit, with a 60-day permit issued by 
a local official required as a prerequisite to receiving 
the 5-year permit issued by the Connecticut State Police 
(CSP).

Background checks. CSP is a NICS point of contact and 
conducts checks on applicants for pistol permits, 
eligibility certificates, and firearm purchases. 
Applications are approved or denied within 8 weeks for a 
pistol permit or 90 days for an eligibility certificate. 
Instant checks on buyers are conducted by telephone 
(1-888-335-8438 in 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.

Purchaser fees. A fee of $70 is charged to receive a 
60-day and a 5-year pistol permit. Eligibility 
certificates cost $35. An additional $24 is charged to 
cover the FBI fingerprinting fee for criminal history.

State data. Connecticut maintains fugitive, criminal 
history, probation, parole, protective order, flagged 
domestic abuse misdemeanor, involuntary commitment, and
juvenile data. Criminal histories may contain insanity
dispositions or commitments to a mental institution. 
The State is pursuing technical improvements to mental 
health and restraining order record systems.

Check processing time. Sale checks are normally 
processed in less than 30 seconds if no eligibility 
questions arise, within 1 minute if there is an 
eligibility question, or within 3 days if further 
research is needed.

Retention of records. CSP maintains a database of 
valid permits and keeps denied purchase applications 
for 5 years. Data from approved NICS transactions are 
not retained.

Registration. Data on the sale, weapon, buyer, and 
seller are recorded on a registration form for a 
handgun or long gun. Machine guns are registered. A
certificate of possession is required for an assault 
weapon legally owned prior to 10/1/93.

Appeals of denials. A person who is denied a firearm 
purchase may appeal to CSP. A denial or revocation of 
a pistol permit or eligibility certificate may be 
appealed to the Board of Firearm Permit Examiners.

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

2003/2004 legislation. Amendments made it a crime to 
possess a firearm while subject to a foreign order 
of protection and provided that the registry of
protective orders shall contain foreign orders.

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.

Contact. Lt. Robert A. Corona, Commanding Officer,
State Police Special Licensing and Firearms Unit, 
1111 Country Club Road, Middletown, CT 06457,
(860)685-8290.

Delaware

FBI conducts NICS checks
State conducts separate checks

Prohibited persons. Delaware law prohibits purchase or 
possession of a firearm by any person who is convicted 
of a felony or crime of violence involving physical 
injury to another; committed for a mental disorder to 
any hospital, mental institution, or sanitarium; 
convicted for unlawful use, possession, or sale of a 
narcotic, dangerous drug, central nervous system depressant 
or stimulant, or controlled substance; adjudicated 
delinquent for conduct which if committed by an adult 
would constitute a felony; subject to a protection from 
abuse order; or convicted of any misdemeanor crime of 
domestic violence as defined by statute. It is unlawful 
to transfer a firearm to a child under 18 years of age 
without parental consent or to a person who intends to 
commit certain crimes. It is unlawful to transfer a
firearm to or obtain a firearm on behalf of a prohibited 
person. A handgun cannot be sold to a person under the 
age of 21 or to an intoxicated person. A juvenile cannot 
possess a handgun unless engaged in lawful activity 
under adult supervision.

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.

Prohibited firearms. It is illegal, with limited 
exceptions, to sell, transfer, buy, receive, or possess 
a sawed-off shotgun or machine gun or any other firearm 
adaptable for use as a machine gun.

Regulated sales. Delaware law requires background checks 
on persons who purchase a handgun or rifle from a 
licensed dealer, but a shotgun purchase is exempt. Checks 
are optional for private sales. 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 
sales 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 checks required by the Brady Act on handgun, rifle, 
and shotgun buyers.

Waiting period. No State requirements.

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, mental 
health, restraining order, and flagged domestic violence 
misdemeanor data on a statewide network.

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. A person who is denied a firearm by 
DSP may petition for amendment of errors in the record. 
A further appeal may be filed in superior court. The 
superior court's refusal to issue a concealed handgun 
permit may be appealed to the State supreme 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.

2003/2004 legislation. No significant changes.

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

Source of information. Delaware State Police.

Contact. Elizabeth Shamany, State Police Bureau of 
Identification, P.O. Box 430, Dover, DE 19903, 
(302) 739-5872.

Florida

State requests NICS checks

Prohibited persons. Florida law prohibits a 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 and the offender is under 24 years of age, 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 enumerated 
offenses; or is a minor under the age of 18 and lacks 
permission of a parent or guardian. It is illegal to 
acquire a firearm for the use of a prohibited person. A 
firearm cannot be possessed by a person who is a minor, a 
felon, a delinquent, restrained by a domestic violence 
injunction, a violent career criminal, mentally 
incompetent, a drug addict, or a chronic alcoholic.

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.

Prohibited firearms. It is unlawful, with limited 
exceptions, for any person to own or have care, custody, 
possession, or control of a short-barreled rifle or shotgun 
or a machine gun which is or may readily be made operable.

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 may 
be conducted by the FBI; if a weapon is redeemed after 
90 days, the check is conducted by FDLE. 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 with the transfer 
of money or other valuable consideration to the dealer, 
regardless of when a background check is completed. Some
counties extend the waiting period by ordinance.

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

State data. Florida maintains fugitive, criminal history, 
restraining order, juvenile, probation, and parole data. 
Criminal histories may contain domestic violence 
misdemeanor convictions and findings of insanity or 
incompetent to stand trial.

Check processing time. Routine transactions are normally 
processed in less than 4 minutes. Transactions requiring 
additional research are normally processed in fewer 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 for 1 year on paper and 
2 years in electronic format.

Registration.  No State requirements.

Appeals of denials. A person who is denied a firearm may 
appeal through the FDLE within 21 days of the non-approval 
issuance. In order for FDLE to process the appeal after 21 
days, a licensed firearm dealer must conduct another 
background check. Alternatively, a denied person may 
request the NICS to process an appeal after the 21 day 
period has expired. 

Arrests of denied persons. A person with an outstanding 
warrant is 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 law enforcement by the Firearm Purchase Program.

2003/2004 legislation. Cyberstalking was added to the 
enumerated offenses that will cause nonapproval of a firearm 
transaction. The sunset date for the State's instant check 
law was extended to October 1, 2009. A new statute prohibits
registration of firearms or owners.

Relevant laws.  Florida Statutes 790.001 et seq.

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

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

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 may only possess 
a handgun in certain circumstances, unless the person 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.

Prohibited firearms. It is illegal, with limited exceptions, 
to possess a sawed-off shotgun, sawed-off rifle, or machine 
gun.

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. 
A resident of any State may purchase rifles and shotguns 
in Georgia unless otherwise prohibited. A State license 
is required for a dealer of handguns or short-barreled 
firearms.

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 or an electronic point-of-sale device. The GBI is 
allowed 3 business days to complete a check. During the 3
business days a delay status is given to the dealer until 
a final determination can be made. 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). 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 as a search parameter).

Waiting period. No State requirements.

Purchaser fees. GBI charges $5 for the background check on 
a firearm purchaser.

State data. Georgia maintains fully automated fugitive, 
criminal history, probation, parole, flagged domestic 
violence misdemeanor, and protective order data. Insanity, 
incompetent to stand trial, and involuntary commitment
dispositions are contained in a database maintained by 
GBI and may also be included in criminal histories.

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. Identifying 
data from allowed NICS transactions are purged within 24 
hours. Data on denied transactions are retained for 90
days except for transaction numbers and denial dates, 
which are retained indefinitely.

Registration.  No State requirements.

Appeals of denials. A person who is denied a firearm may 
petition GBI in writing or by telephone for an amendment 
of the record. A further appeal may be filed in 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.

2003/2004 legislation. No significant changes.

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.

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

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.

Prohibited firearms. Since July 1, 1992, an assault pistol 
cannot be brought into Hawaii and, if legally owned before 
that date, can only be transferred to a licensed dealer or 
a county chief of police. Possession, sale, or transfer of 
an automatic firearm or a short barrel rifle or shotgun is
prohibited. It is unlawful to possess or sell a handgun made 
of zinc alloy with a melting temperature of less than 800 
degrees Fahrenheit.

Regulated sales. Hawaii law requires a permit to acquire the 
ownership of any firearm. 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. Certain aliens may 
obtain a permit to acquire or use a firearm.

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.

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

State data. Hawaii's criminal justice information system 
contains criminal histories, domestic violence misdemeanors 
(flagged records), and some restraining orders. A wants and 
warrants file is being developed. Criminal histories may 
include an acquittal by reason of insanity or an involuntary
commitment to a mental institution. A State mental health 
facility database is queried and files are manually reviewed 
for names with a positive hit. Data may be obtained from a 
private mental health agency if a permit applicant signs a 
waiver or the agency receives State funding.

Check processing time. No statewide information is available.

Retention of records. Information on permit applications 
is retained permanently.

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.

2003/2004 legislation. No significant changes.

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

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

Contact. Liane Moriyama, Criminal Justice Data Center, 
465 South King Street, Room 101, Honolulu, HI 96813, 
(808) 587-3110.

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, unless 
the conviction was nullified by expungement, pardon, 
setting aside the conviction, or restoration of civil 
rights. A firearm cannot be sold to or possessed by a minor 
under the age of 18 without the written consent of a parent 
or guardian.

Restoration of rights. Some convicted 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.

Prohibited firearms.  None. Regulated sales. State law 
does not require background checks on firearms purchasers. 
Residents of contiguous States may purchase long guns 
in Idaho unless otherwise prohibited.

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 firearms dealers in Idaho contact 
the FBI for all background checks required by the Brady 
Act. County sheriffs conduct background checks on
applicants for concealed weapon permits. ATF allows a 
holder of a valid concealed weapon permit to purchase 
a firearm without a new NICS check.

Waiting period. No State requirements.

Purchaser fees. None.

State data. Idaho maintains fully automated fugitive and 
criminal history data on a statewide network, as well as 
a sex offender registry. Domestic violence misdemeanor 
convictions are found within criminal history records 
and civil protection orders are entered into the NCIC 
protection order file. The State is pursuing technical 
improvements to misdemeanor conviction records and a 
feasibility study of an automated link between law 
enforcement and courts for protection order data is 
underway.

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. A person who 
is denied a concealed weapon permit may bring a civil 
action in the county of application or Ada County.

Arrests of denied persons. No information is available.

2003/2004 legislation.  Persons who were convicted of 
murder or voluntary manslaughter are prevented from 
shipping, transporting, possessing or receiving a
firearm after discharge from custody, regardless of
when they were convicted.

Relevant laws. Idaho Code 18-310; 18-3302 et seq.

Source of information. Idaho State Police.

Contact.  Dawn A. Peck, State Police Bureau of Criminal 
Identification, 700 South Stratford, Meridian, ID 83642, 
(208) 884-7136.

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 a person who is under 21 
years of age and has been convicted of a misdemeanor 
other than a traffic offense or adjudged delinquent; 
under 21 and lacks parental consent to possess firearms; 
a convicted felon; a narcotics addict; mentally ill or
retarded; an illegal alien; subject to a protective order; 
convicted of a firearm or domestic violence offense; or 
adjudicated delinquent for an offense that would be a 
felony if committed by an adult. 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 Circuit Court. A person who committed a non-forcible
felony may apply to the Director of State Police.

Prohibited firearms. It is illegal to sell, manufacture, 
purchase, possess, or carry a machine gun, a short-
barreled rifle or shotgun, or a firearm shaped like a 
wireless telephone. A dealer cannot transfer a handgun 
made of zinc alloy or other metal which will melt or 
deform at a temperature of less than 800 degrees 
Fahrenheit.

Regulated sales. A person who buys or redeems a firearm 
from a licensed dealer must display a valid FOID card 
and undergo a background check. 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. An Illinois resident must possess a valid FOID 
card in order to buy a firearm or ammunition. The card 
is valid for 5 years, with no limit on the number of 
firearms purchased. State law does not provide for 
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 toll free 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.

Purchaser fees. ISP charges $5 for a FOID card and $2 for 
the FTIP inquiry at the time of a request from an Illinois 
FFL.

State data. A statewide network contains automated 
data on fugitives, criminal history, and convictions. 
Other files cover mental health, juveniles, protective 
orders, and domestic violence convictions.

Check processing time. FTIP inquiries requiring limited 
analysis are completed in less than 2 minutes. Inquires
requiring a more in-depth analysis are completed within 
3 business days, in accordance with the time frame of 
the Brady Act.

Retention of records. FOID applications are retained on 
microfilm and FOID denial data is kept for 10 years. 
FTIP denied transaction data is retained indefinitely.  

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

Appeals of denials. A FOID card denial or revocation may 
be appealed to the director of State Police and further 
to circuit court (denials for certain reasons can only 
be appealed to circuit court). The same procedure applies 
to a purchase denial because it results in a FOID 
revocation.

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.

2003/2004 legislation. Laws regarding the waiting 
period, unlawful purchase and use of a firearm, 
adjudicated delinquents, and appeals were amended.

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.

Contact. Larry A. Grubb, Acting Bureau Chief, Illinois 
State Police, Firearms Services Bureau, 100 Iles Park 
Place, Springfield, IL 62708, (217) 782-3310.

Indiana

FBI conducts NICS checks
State conducts separate 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. 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. Further, it 
is unlawful to purchase a handgun with the intent to 
transfer it to a person known to be ineligible to receive 
it. A firearm cannot be possessed by a person who is 
prohibited by a protective order, has been convicted of a
serious violent felony or domestic battery, or is 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. A person who has been convicted of 
domestic battery may petition the court for restoration of
firearm rights not earlier than 5 years after the date of 
conviction. Persons who have been adjudicated delinquent 
can regain their rights at age 23.

Prohibited firearms. It is illegal, with limited exceptions,
to manufacture, cause to be manufactured, import, keep for 
sale, offer or expose for sale, give, lend, or possess a 
sawed-off shotgun, or to own or possess a machine gun.

Regulated sales. State law requires a background check on 
a person who obtains a handgun license or buys a handgun 
from a licensed dealer. Residents of contiguous States 
may purchase long guns in Indiana unless otherwise 
prohibited. 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 (concealed carry), hunting, and target 
shooting.

Background checks. The Indiana State Police(ISP)conducts 
background checks on applicants for handgun licenses. A 
person without a license who receives a handgun from a 
dealer must undergo a telephone instant check by ISP. After
receiving a dealer's request for a check, ISP has until 
the end of the next business day to advise of a prohibition. 
Indiana is not a point of contact for the NICS. Licensed 
dealers in the State must contact the FBI for all checks 
required by the Brady Act.

Waiting period. No State requirements.

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. The statewide network available for 
background checks includes automated criminal history, 
wanted person, protection order, and juvenile offender 
data. Domestic violence misdemeanor convictions may be 
found in court records.

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 by 
ISP may appeal to that agency or to the agency with the 
disqualifying record. A further appeal may be filed in 
circuit court. A purchase denial by the FBI may be
appealed pursuant to Federal law.

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.

2003/2004 legislation. A new section makes it unlawful 
for a person who has been convicted of domestic battery 
to knowingly or intentionally possess a firearm, unless 
the person's rights have been restored. A person who has
been convicted of such a crime may petition the court 
for restoration not earlier than 5 years after the date 
of conviction.

Relevant laws. Indiana Code 34-26-2-12; 35-47-1-1
et seq.

Source of information. Indiana State Police.

Contact. Fred Pryor, State Police Firearms Division, 
Government Center North, 100 N. Senate Avenue, 
Indianapolis, IN 46204,(317) 232-8263.

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 or adjudicated delinquent for conduct that 
would constitute a felony if committed by an adult cannot 
possess or receive 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.

Prohibited firearms. It is illegal, with limited 
exceptions, to knowingly possess a machine gun, short-
barreled rifle, short-barreled shotgun, silenced firearm, 
or any part or combination of parts designed or intended 
to be used to convert any device into a prohibited firearm.

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

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

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

Waiting period. An Iowa permit to acquire handguns 
becomes valid 3 days after the date of application 
unless the applicant is found to be disqualified.

Fees charged. There is no statutory fee for a permit to 
acquire handguns. The statutory fee for a new permit to 
carry weapons is $10 and a renewal is $5. Some sheriffs 
charge a fee for processing a permit.

State data. Iowa maintains fully automated fugitive, 
criminal history, protective order, and flagged domestic 
abuse misdemeanor data on a statewide network. Checking 
agencies also have access to some probation, parole, and 
juvenile data. Insanity dispositions may be included in 
criminal histories and some agencies check county court 
records to obtain
mental incompetence 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 under 
Iowa law can appeal to Iowa district court. A person who 
is denied under Federal law can appeal to the FBI's NICS 
Program Office.

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

2003/2004 legislation. No significant changes.

Relevant laws. Iowa Code 702.7; 724.1 et seq. 

Source of information. Iowa Department of Public 
Safety.

Contact. Sam Knowles, Department of Public Safety, 
Wallace State Office Building, Des Moines, IA 50319, 
(515) 281-7663.

Kansas

FBI conducts NICS checks

Prohibited persons. It is illegal to knowingly transfer a 
firearm with a barrel less than 12 inches to a person under 
18 years of age, or to knowingly transfer a firearm to a 
person who is both addicted to and an unlawful user of a 
controlled substance, or has been convicted of a felony 
described in the criminal disposal of firearms statute. A 
firearm cannot be possessed by a person who is both addicted 
to and an unlawful user of a controlled substance, or has 
been convicted of a felony or adjudicated as a juvenile
offender, under circumstances described in the criminal 
possession of a firearm statute. A person less than 
18 years of age cannot knowingly possess a firearm 
with a barrel less than 12 inches except in limited 
circumstances.

Restoration of rights. The prohibition against possession 
of a firearm no longer applies if 5 years (or 10 years in 
certain cases)have elapsed since the date of conviction 
for a felony or release from imprisonment for a felony 
(whichever date is later) or adjudication as a juvenile 
offender. Rights are not restored to certain offenders 
who possessed a firearm at the time of commission of the 
offense. An expungement or a pardon may also restore 
possession rights in certain cases.

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.

Prohibited firearms. It is a criminal use of a weapon to 
knowingly sell, manufacture, purchase, possess, or carry 
a shotgun with a barrel less than 18 inches in length or 
any other firearm designed to discharge or capable of 
discharging automatically more than once by a single 
function of the trigger. This prohibition does not apply 
to certain persons.

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

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

Waiting period.  No State requirements.

Purchaser fees.  No State requirements.

State data. Kansas maintains criminal history, protection 
from abuse order, juvenile offender, and offender 
registration data on the statewide criminal justice 
information system. Domestic violence misdemeanor 
convictions can be identified within criminal history by 
statutory citation.

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.

2003/2004 legislation.  No significant changes.

Relevant laws.  Kansas Statutes 21-4201 et seq.

Source of information. Kansas Bureau of Investigation.

Contact. David Sim, Bureau of Investigation, 1620 
Southwest Tyler, Topeka, KS 66612, (785) 296-8265.

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.  
No person shall knowingly sell or transfer a firearm to 
any person prohibited from possessing the firearm. A
handgun cannot be possessed, manufactured, or 
transported by a person under the age of 18 except in 
limited circumstances. It is unlawful for any person to 
intentionally, knowingly, or recklessly provide a handgun 
to a person under the age of 18, or for a parent or 
guardian to provide a handgun to a juvenile child or ward 
in certain circumstances.

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.

Prohibited firearms. None.

Regulated sales. Residents of States contiguous to the 
Commonwealth of Kentucky may purchase rifles, shotguns, 
and any other firearms which they are permitted to 
purchase under federal law from properly licensed dealers,
manufacturers, importers, or collectors located in the 
Commonwealth. All such sales shall conform to the 
requirements of Federal law, the Kentucky Revised Statues, 
applicable local ordinances, and the law of purchaser's
State.

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 firearms dealers in Kentucky contact the 
FBI for all background checks required by the Brady Act.

Waiting period.  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. Misdemeanor convictions 
involving domestic violence may be found in court records 
and the Kentucky State Police criminal history repository. 
Review of the specific facts underlying a conviction must 
be undertaken to determine whether the offense in question 
satisfies the criteria of "misdemeanor crime of domestic
violence" as set forth in 18 U.S.C. 921(a)(33).

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. When a person subject to a 
restraining order attempts to buy a firearm in violation 
of federal law, the Justice Cabinet must make a reasonable 
effort to notify the petitioner of the order if a 
notification request has been made.

2003/2004 legislation.  No significant changes.

Relevant laws. Kentucky Revised Statutes 237.020 et seq; 
431.064; 527.010 et seq.

Source of information.  Kentucky State Police.

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

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. Ownership or possession of a firearm may be 
prohibited under a misdemeanor sentence for domestic abuse 
battery.

Restoration of rights. A convicted felon's right to possess 
a firearm can be restored in Louisiana through a governor's 
pardon or by certain law enforcement officers. 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.

Prohibited firearms. No person (with limited exceptions) shall 
sell, keep or offer for sale, loan or give away, purchase, 
possess, carry, or transport a machine gun.

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. A permit is required to carry a concealed handgun. 
A person authorized by law to purchase a machine gun from a 
manufacturer or merchant must present a permit.

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

Waiting period.  No State requirements.

Purchaser fees.  No State requirements.

State data. A fully automated statewide computer network 
contains fugitive data and criminal histories that include 
domestic violence offenses. A protective order registry 
is maintained by the judicial administrator's office. 
Documentation of services or treatment received at a public 
mental health facility is available to the State Police for 
concealed handgun permit checks.

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.

2003/2004 legislation. Convictions for sex offenses were 
added to the list of crimes that prohibit a person from 
possessing a firearm or carrying a concealed weapon. A new 
law created a domestic abuse battery crime and provided that 
a misdemeanor sentence may be suspended if the offender 
refrains from owning or possessing a firearm for the entire 
length of sentence.

Relevant laws. Louisiana Revised Statutes 14:35.3; 
14:91; 14:95 et seq; 40:1379.3: 40:1751 et seq.

Source of information. Louisiana State Police.

Contact. Kenneth Martin, State Police Concealed Handgun 
Section, P.O. Box 66375, Baton Rouge, LA 79896,
(225)925-4867.

Maine

FBI conducts NICS checks

Prohibited persons. Maine law prohibits ownership, possession, 
or control of a firearm by a person who has been convicted or 
found not criminally responsible by reason of mental disease 
or defect of committing a crime punishable by imprisonment for 
1 year or more, a crime in another State that is similar to an 
offense punishable by imprisonment for 1 year or more in Maine, 
or a firearm or dangerous weapon crime; engaged in conduct as a
juvenile that if committed by an adult would have been 
a disqualifying conviction; or is subject to a domestic 
violence restraining order. An individual may not transfer 
a handgun to a person under 18 years of age (except in 
limited circumstances) and a licensed dealer may not sell 
or deliver a handgun to a person under 21 years of age. It 
is unlawful for a person other than a parent or guardian 
to transfer a long gun to a person under 16 years of age.

Restoration of rights. Firearm rights may be restored by a 
court order or a governor's pardon. A person convicted of 
a disqualifying offense may apply to the Commissioner of 
Public Safety for a permit to possess a nonconcealable
firearm if 5 years have elapsed since the date of final 
discharge from the sentence. The commissioner's decision 
may be appealed to superior court. (This permit is limited 
to weapons such as black powder guns that are not defined 
as firearms under Federal law.) Nonviolent juvenile offenders 
regain firearm rights 3 years after completion of their 
dispositions or upon reaching 18 years of age, whichever is 
later.

Prohibited firearms. It is illegal for a person to possess 
a machine gun, except for law enforcement or military 
personnel in the discharge of official duties or if the 
machine gun is possessed in accordance with the National 
Firearms Act.

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 
firearm. An offender whose rights have been restored may 
be issued a possession permit but cannot carry a concealed
firearm. This permit does not authorize the holder to 
possess a weapon defined as a firearm under Federal law.

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

Waiting period.  No State requirements.

Purchaser fees.  No State requirements.

State data. State agencies maintain criminal history, 
fugitive, juvenile offense, domestic violence restraining 
order, and motor vehicle data. Criminal histories may 
contain insanity and incompetent to stand trial 
dispositions.

Check processing time. Not applicable.

Retention of records. An issuing authority must make 
permanent records of concealed firearms permits that 
are issued.

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.

2003/2004 legislation. A new law allows a court that issues 
a domestic violence restraining order to require that 
firearms owned by the defendant be temporarily relinquished. 
Concealed firearm permit laws were amended to be consistent 
with the statute regarding possession of firearms by 
prohibited persons.

Relevant laws. 15 MRSA 393; 17-A MRSA 554A; 17-A MRSA 
554B; 17-A MRSA 1051; 25 MRSA 2001- 2006.

Source of information. Maine State Police.

Contact. Sgt. William Gomane, Maine State Police Special 
Investigations Unit, State House Station #164, Augusta, 
Maine 04333, (207) 624-7212.

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; an 
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 regulated firearm buyer 
is required to complete a safety training course. A long 
gun cannot be purchased by a person under the age of 18 or 
possessed by a person who suffers from a mental disorder.

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

Prohibited firearms. It is illegal, with limited exceptions, 
to possess or transfer an assault pistol on or after 7/1/94, 
or to possess a short-barreled rifle or shotgun. Any type 
of handgun that is not on the Maryland handgun roster may 
not be manufactured for sale in the State.

Regulated sales. Background checks are required on all 
persons who buy a regulated firearm. 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
(MP)is required to carry a handgun.

Background checks. The Maryland State Police is a partial 
point of contact for the NICS and conducts checks on 
regulated firearms buyers. Dealers transmit applications to 
MP by certified mail or fax. Private sales are processed 
through dealers or MP 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.

Waiting period. Transfers of regulated firearms require 
a 7-day waiting period that begins when an application 
is forwarded, regardless of when a check is completed.

Purchaser fees. A $10 application fee is required.

State data. Maryland maintains fully automated fugitive 
and criminal history files, plus restraining order, flagged 
domestic violence misdemeanor, probation, and parole data. 
Information on mentally ill persons who attempt to purchase 
firearms is maintained when it is voluntarily provided by 
family members or other persons.

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

Retention of records. Permanent transaction records, 
containing the caliber, make, model, serial number, 
and special characteristics of each regulated firearm 
transferred, are maintained by MP. Denied applications 
are maintained indefinitely.

Registration. Machine guns and assault pistols (owned 
before 7/1/94) must be registered.

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

Arrests of denied persons. All denied persons are reported 
to the MP Firearms Enforcement Section.

2003/2004 legislation. Regulated firearms laws and other 
provisions in the former Article 27 of the Maryland Code 
were recodified as a new Public Safety Article.

Relevant laws. Code of Maryland: Criminal Law Title 4; 
Public Safety Title 5.

Source of information. Maryland State Police Licensing 
Division, Firearms Registration Section.

Contact. W.T. Szimanski, State Police Licensing 
Division, Firearms Registration Section, 7751 
Washington Boulevard, Jessup, MD 20794, (410) 
799-0191.

Massachusetts

FBI conducts NICS checks
State conducts separate checks

Prohibited persons. A firearm identification card or 
license to carry will not be issued to a person who 
is convicted or adjudicated a youthful offender or 
delinquent child in Massachusetts, another State, or 
a federal jurisdiction for commission of a felony, a 
misdemeanor punishable by more than 2 years imprisonment, 
a violent crime, or a weapon or drug offense; or 
to a person who is mentally ill, a drug or alcohol 
addict, under age, subject to a protection order, or 
a wanted person. An identification card or a license 
cannot be used to buy a firearm, rifle, or shotgun 
for the unlawful use of another or for transfer to an 
unlicensed person. 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. A person who committed a 
disqualifying adult or juvenile offense (except for 
certain offenses) may possess a rifle or shotgun 5 
years after completion of a sentence or an adjudication 
without new violations, if this right is fully restored 
in the jurisdiction where the adjudication or 
conviction occurred. Addicted persons may apply for
restoration if 5 years have elapsed after completion of 
treatment.

Prohibited firearms. It is illegal to possess a machine 
gun (with limited exceptions) or a sawed-off shotgun. A 
firearm cannot be sold if it does not meet certain 
manufacturing standards or pass a firing test.

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, 
for 4 years, possession of rifles, shotguns, ammunition, 
and chemical mace or similar substances. Certain firearm 
purchases require a permit that is valid for 10 days.  
A machine gun permit may be issued to a police instructor 
or a collector. Temporary licenses and permits may be 
issued to non-residents and aliens, with certain 
restrictions.

Background checks. Licensing authorities (351 police 
departments) forward license and identification card 
applications to the Massachusetts State Police (MP), 
which conducts criminal history fingerprint checks. MP 
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.

Waiting period.  No State requirements.

Purchaser fees. A $100 fee is charged for licenses to 
carry, identification cards, and permits to purchase.

State data. The State maintains fully automated criminal 
history, probation, parole, juvenile, domestic restraining 
order, and fugitive data. Domestic assault and other 
violent misdemeanors are found in criminal histories.
Licensing authorities contact the Department of Mental 
Health by phone or e-mail. The State will notify the 
licensing authority of any disqualifying events which 
may occur after the license is issued.

Check processing time.  No data 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. An applicant who is denied a 
license or identification card may be arrested if the 
person has an outstanding warrant.

2003/2004 legislation. Firearm identification card and 
license to carry fees were increased to $100.

Relevant laws. Massachusetts General Laws, chapter 140, 
section 121 et seq; chapter 269, section 10.

Source of information. Massachusetts Criminal History 
Systems Board, Executive Office of Public Safety.

Contact. Barry LaCroix, Criminal History Systems Board, 
200 Arlington Street, Suite 2200, Chelsea, MA 02150, 
(617) 660-4704.

Michigan

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons. A license to purchase a handgun may 
not be issued to a person subject to an order or 
disposition pursuant to: involuntary hospitalization or 
alternative treatment, legal incapacity, personal 
protection, stalking, a restraining order, release subject 
to protective conditions, or found not guilty by reason of 
insanity. A license may not be issued to a person who is 
under 18, is not a U.S. citizen or resident alien and a 
resident of Michigan, has a pending felony charge, is not 
prohibited from possessing, using, or transporting a firearm 
due to certain types of felonies, has been adjudged insane, 
is under an order of involuntarily committed, or has been 
adudged legally incapacitated. A license may be denied if 
the licensing agency has probable cause to believe that the
applicant would be a threat to himself or herself or to 
other individuals, or would commit an offense with the 
pistol. An applicant must score 70% or more on a pistol 
safety questionnaire. It is illegal to sell a long gun 
to a person who is under 18 or has been indicted for or 
convicted of a felony. A firearm cannot be possessed by 
a person less than 18 who is not under the supervision 
of an individual 18 or older.

Restoration of rights. State law allows persons convicted 
of nonviolent or drug offenses to 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 may also be restored if a conviction is 
expunged or set aside or the offender is pardoned. However, 
current Federal law does not recognize restoration by a
licensing board after July 1, 2001.

Prohibited firearms. A person shall not manufacture, sell, 
offer for sale, or possess a machine gun or a short-
barreled shotgun or rifle, with limited exceptions.

Regulated sales. A person shall not purchase a handgun 
without first having obtained a license. Handguns cannot 
be pawned for resale. Residents of contiguous States may 
purchase long guns in Michigan unless otherwise prohibited.

Permits. A license (valid for 10 days) is required for 
every purchase of a handgun unless the purchaser holds a 
license 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. Licensed firearms dealers in Michigan must 
contact the FBI for checks on sales and redemptions of 
long guns required by the Brady Act. ATF allows a handgun 
purchase license (but not a concealed carry license) to 
be used at the point of sale in lieu of the NICS check.

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. Fully automated fugitive, criminal history, 
restraining order, probation/parole, adjudicated mentally 
defective, and juvenile (if reportable to the State) data 
are available statewide. Criminal histories may contain 
insanity dispositions. Flagged domestic violence misdemeanors 
may be located through an automated pointer that requires 
manual research. Some corrections data are also available.

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

Retention of records. State law requires that sheriff 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. 
Copies of the registration are retained by the 
registering law enforcement agency and the Michigan 
State Police.

Appeals of denials. A person denied a handgun purchase or 
concealed carry license can appeal to circuit court or 
through NICS.

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

2003/2004 legislation. Pistol licensing and safety 
inspection requirements were amended.

Relevant laws. Michigan Compiled Laws 3.111 et seq; 
28.421 et seq; 750.222 et seq.

Source of information. Michigan State Police.

Contact. Katie Bower, State Police Criminal Justice 
Information Center, 7150 Harris Drive, Lansing, MI 
48913, (517) 322-5518.

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 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 cannot possess a firearm unless the offender
was discharged from a sentence before August 1, 1993, 
firearm rights have been restored by court order under 
609.165.1(d), and no further conviction or adjudication 
for another crime of violence has occurred. A person 
convicted of a gross misdemeanor may regain firearm 
rights if 3 years have expired since the date of 
conviction.

Prohibited firearms. It is illegal, with limited exceptions, 
to own or possess a machine gun or short-barreled shotgun. 
A "Saturday Night Special Pistol" cannot be sold by a 
licensed dealer or manufactured or assembled by any 
person.

Regulated sales. A background check is required on a person 
who attempts to obtain a permit or buy a handgun or an 
assault weapon from a licensed dealer. Residents of 
contiguous States may purchase long guns in Minnesota unless
otherwise prohibited.

Permits. A resident may obtain a transferee permit 
which is valid for 1 year and allows unlimited 
purchases 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 may 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 may 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. No person shall deliver a handgun or assault 
weapon until 5 business days after the date the agreement to 
transfer is delivered to a chief of police or sheriff. All 
or part of the waiting period may be waived by the checking 
agency because of a threat to the life of the transferee or 
a member of the transferee's household.

Purchaser fees. There is no fee for a transferee permit or 
a transfer report. A fee not to exceed $10 may be charged 
for a check on a carry permit applicant.

State data. A statewide network maintains automated 
criminal history, fugitive, juvenile, and order for 
protection data. Domestic violence misdemeanors are 
identified in criminal histories by the offense charge. 
Checking agencies call the Department of Human Services 
for involuntary commitment data. Criminal histories may 
contain incompetent to stand trial and involuntary 
commitment dispositions.

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. A report of ownership must be filed for a 
machine gun or short-barreled shotgun.

Appeals of denials. A person who is 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.

2003/2004 legislation. Restoration of rights procedures 
were amended for persons who commit a crime of violence 
or a gross misdemeanor.

Relevant laws. Minnesota Statutes 609.165; 609.66 et 
seq; 624.71 et seq.

Source of information. Minnesota Department of Public 
Safety.

Contact. Robert Johnson, Dept. of Public Safety, 
Bureau of Criminal Apprehension, 1430 Maryland Avenue 
East, St. Paul MN 55106,(651)793-1012.

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.

Prohibited firearms. None.

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 firearms dealers in Mississippi contact 
the FBI for all background checks required by the Brady Act. 
The Mississippi Department of Public Safety conducts 
background checks on applicants for concealed handgun 
licenses. ATF allows a valid license issued to an individual 
to be used for a purchase without a new NICS check.

Waiting period. There is no State waiting period to purchase 
a firearm.

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, along 
with fugitive from justice information.

Check processing time.  No statewide data is available.

Retention of records. Information on persons who are denied 
a concealed handgun license is retained indefinitely.

Registration.  No State requirements.

Appeals of denials. A person who is denied a firearm by 
the FBI may appeal under Federal law. A person who is 
denied a concealed handgun license may appeal to the 
commissioner of public safety and further to the circuit 
or county court.

Arrests of denied persons.  No information is available.

2003/2004 legislation.  No significant changes.

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

Source of information. Mississippi Department of Public 
Safety. (Note: The Department of Public Safety is the 
agency responsible for the issuance of individual firearm 
permits and does not regulate the purchasing of firearms.)

Contact. Judy Tucker, Department of Public Safety, Firearm 
Permit Unit, P.O. Box 958, Jackson, MS 39205, (601) 987-1586.

Missouri

FBI conducts NICS checks 
State conducts separate checks

Prohibited persons. Missouri law requires that an applicant 
for a permit to acquire a concealable firearm (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, been convicted of, is a 
fugitive from justice for, or currently charged with a crime 
punishable by imprisonment for a term exceeding 1 year under 
the laws of any State or the U.S., or a weapons misdemeanor; 
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 transfer a 
firearm to a person who is not entitled to possess it, is less 
than 18 years old (without consent of the child's parent or 
guardian), or is intoxicated. It is unlawful to receive a 
handgun without obtaining a valid permit or to deliver a 
handgun to a person who lacks a valid permit.

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

Prohibited firearms. It is illegal, with limited exceptions, 
to knowingly possess, manufacture, transport, repair, or 
sell a machine gun or a short-barreled rifle or shotgun.

Regulated sales. Permit regulations pertain to all handgun 
transfers by licensed dealers, pawnshops, and unlicensed 
persons. Residents of contiguous States may purchase long 
guns in Missouri unless otherwise prohibited.

Permits. Missouri mandates a permit to acquire a concealable 
firearm, which is valid for 30 days and can be used to 
purchase one handgun. An endorsement issued by a county 
sheriff is required to carry a concealed handgun.

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 
firearms dealers in Missouri contact the FBI for all checks 
required by the Brady Act.

Waiting period.  No State requirements.

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

State data. Missouri maintains fully automated fugitive, 
criminal history, domestic violence restraining order, 
probation, and parole data on a statewide computer network. 
Criminal histories may contain flagged domestic violence 
misdemeanor convictions and insanity dispositions. The 
State is pursuing technical and administrative improvements 
to record systems for domestic violence misdemeanor 
convictions and restraining orders.

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 county and municipal law 
enforcement agencies.

Appeals of denials. A person who is denied a permit may 
appeal to small claims court in the county where they 
reside and the permit was requested.

Arrests of denied persons. An applicant may be arrested 
for obtaining a permit upon a false representation.

2003/2004 legislation. Conceal and Carry Weapon Law: this 
section authorizes county sheriffs to issue permits to 
carry concealed handguns, pursuant to section 571.101 RSMo.

Relevant laws. Missouri Revised Statutes 407.500, 407.
505; 571.010 et seq.

Source of information. Missouri State Highway Patrol.

Contact. Timothy P. McGrail, State Highway Patrol, 
Criminal Records and Identification Division, P.O. 
Box 568, Jefferson City, MO 65102, (573)526-6160.

Montana

FBI conducts NICS checks

Prohibited persons. Montana law makes it unlawful for a 
person to purposely or knowingly purchase or possess a 
firearm after the person has been convicted of certain 
felonies or an equivalent offense under the law of another 
State or the United States. 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.

Prohibited firearms. It is an offense, except under 
certain circumstances, to possess a sawed-off rifle 
or a sawed-off shotgun.

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.  A permit to purchase a firearm is only 
required for certain offenders who must apply to the 
district court. A permit is required to carry a 
concealed weapon.

Background checks. The State is not a point of contact 
for the NICS. Licensed firearms dealers in Montana 
contact the FBI for all checks required by the Brady Act. 
County sheriffs conduct background checks on applicants 
for concealed weapon permits. ATF allows a holder of a 
valid concealed weapon permit to purchase a firearm 
without a new NICS check.

Waiting period.  No State requirements.

Purchaser fees.  No State requirements.

State data. Montana maintains fully automated fugitive 
and criminal history data on a statewide network. 
Criminal histories may contain flagged domestic violence 
misdemeanor convictions and dispositions of acquitted by
reason of mental defect. State law requires entry of 
domestic violence restraining orders into the NCIC 
protection order file. Technical and administrative 
improvements to domestic violence records are underway.

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. A denial of a 
concealed weapon permit application may be appealed to 
Montana district court.

Arrests of denied persons. A person who is denied a 
concealed weapon permit may be arrested if wanted in 
an outstanding warrant.

2003/2004 legislation.  No significant changes.

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

Source of information. Montana Department of Justice.

Contact. Nancy Bloom, Department of Justice, CJIS 
Bureau, 303 N. Roberts, P.O. Box 1417 Helena, MT 
59620, (406) 444-2802.

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. It is unlawful to knowingly and 
intentionally obtain a handgun for the purpose of 
transferring it to a prohibited person. It is 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 person who was convicted of a 
felony can possess a firearm if restoration of such rights 
is included in a pardon.

Prohibited firearms. It is an offense, except under certain 
circumstances, to possess a sawed-off rifle or a sawed-off 
shotgun.

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. State law does not provide for 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 firearms 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.

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

State data. Nebraska maintains a statewide network with 
automated data on fugitives, criminal histories, domestic 
violence restraining orders, probation, parole, and mental 
health commitments. Criminal histories may contain flagged 
domestic violence misdemeanor convictions.

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 permit 
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.

2003/2004 legislation.  No significant changes.

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

Source of information.  Nebraska State Patrol.

Contact. John Shelton, State Patrol, Communications 
Division, P.O. Box 94907, Lincoln, NE 68509, 
(402) 479-4099.

Nevada

State requests NICS checks

Prohibited persons. Nevada law prohibits possession or 
control of a firearm by a child under 18 years of age, 
except in limited circumstances. It is illegal to 
recklessly or knowingly sell or barter a handgun to a 
child who is under the age of 18. A person shall not 
own, possess, or have custody or control over any 
firearm if the person has been convicted of a felony under
the laws of Nevada, another State, or the United States, 
or is a fugitive, an unlawful drug user or addict, 
adjudicated mentally ill, committed to a mental health 
facility, or illegally in the U.S. It is illegal to 
knowingly transfer a firearm to a person who is under 
indictment for or convicted of a felony, a fugitive, 
adjudicated mentally ill, committed to a mental health
facility, or illegally in the U.S.

Restoration of rights. A convicted felon's right to possess 
firearms may be restored if the person is honorably 
discharged from probation. Restoration may also 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.

Prohibited firearms. It is illegal to knowingly or 
willfully possess, manufacture, or dispose of a short-
barreled rifle or shotgun. A person shall not manufacture 
or cause to be manufactured, or import into the State, or 
keep, offer or expose for sale, or give, lend, possess or 
use a machine gun, unless authorized by Federal law.

Regulated sales. Pursuant to an executive order of the 
governor, Nevada enforces the Brady Act 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. Residents of contiguous States may 
purchase long guns in Nevada unless otherwise prohibited.

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. In addition, NHP conducts 
checks requested by unlicensed sellers, which must be
completed within 3 business days. County sheriffs conduct 
background checks on applicants for concealed firearm 
permits. ATF allows a valid permit to be used for a purchase 
without a subsequent NICS check.

Waiting period.  No State requirements.

Purchaser fees. The fee for a firearms background check 
is $25.

State data. Nevada maintains fully automated fugitive, 
criminal history, flagged domestic violence misdemeanor, 
and protective order data on a statewide network. Mental 
health facilities may be contacted by NHP for data on 
mental illness prohibitions.

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. Identifying data from allowed NICS 
transactions are purged within 24 hours. Information 
from denied transactions is retained for 2 years.

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

Appeals of denials. A person who is denied a firearm may 
request reconsideration from the NHP Records and 
Identification Bureau. A person who is denied a concealed 
firearm permit may file a petition in Nevada district court.

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, NHP notifies 
the agency with jurisdiction over the site of the 
transaction.

2003/2004 legislation. Laws concerning prohibited persons 
and firearms were amended. A new section makes it illegal 
to knowingly transfer a firearm to certain persons.

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

Source of information. Nevada Highway Patrol.

Contact. Bonnie McCabe, Highway Patrol Records and 
Identification Services, 808 West Nye Lane, Carson 
City, NV 89703, (775) 687-1600.

New Hampshire

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons. A firearm cannot be owned, 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 shall not sell handguns 
to nonresidents who are prohibited in their States of 
residence. 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.

Prohibited firearms. None.

Regulated sales. New Hampshire law requires a retail seller 
of handguns to obtain a license from the selectmen of a town 
or the chief of police of a city. The State conducts 
background checks on persons who purchase handguns from 
licensed dealers.

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

Background checks. The New Hampshire Department of Safety 
(DOS)is a partial point of contact for the NICS, processing 
background checks on persons who purchase or redeem 
handguns from licensed dealers. An instant check may be
requested by way of a 1-800 number. A handgun transfer may 
proceed if the dealer is not informed of a prohibition by 
DOS within 3 days. In addition, licensed firearms dealers in 
New Hampshire contact the FBI for checks on persons who 
purchase or redeem long guns.

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. New Hampshire maintains fugitive, criminal history, 
restraining order, and flagged domestic violence misdemeanor 
data on a statewide computer network. Criminal histories may 
contain insanity and incompetent to stand trial dispositions.

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, 
which may be maintained indefinitely). Information on 
denied transactions shall be retained for 3 years.

Registration.  No State requirements.

Appeals of denials. A person denied a handgun by DOS may 
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.

2003/2004 legislation. No significant changes.

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

Source of information. New Hampshire State Police.

Contact. Patrick Poirier, Department of Safety, State 
Police, James H. Hayes Safety Building, 10 Hazen Drive, 
Concord, NH 03305, (603) 271-3575.

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, an 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 firearm, weapon, 
explosive, or destructive device offenses. Issuance of a 
permit must not contravene the interest of public health, 
safety, or welfare. No person under the age of 18 years 
shall acquire or possess a firearm except in limited 
circumstances.

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.

Prohibited firearms. It is unlawful, with limited exceptions, 
to possess, manufacture, cause to be manufactured, transport, 
ship, sell, or dispose of a sawed-off shotgun, machine gun, 
or assault firearm.

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 
required 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 a machine 
gun or an assault firearm.

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.

Purchaser fees. The fingerprint fee is $54. Document fees 
are $2 for a handgun permit and $5 for an identification 
card. An assault firearm or machine gun license costs $75.

State data. New Jersey maintains fugitive, criminal history, 
domestic violence restraining order, misdemeanor, juvenile, 
and probation/parole data. NJSP's NICS unit accesses 
Department of Mental Health data and local police may 
check county mental illness records. Some mental health 
dispositions may be included in criminal histories.

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 by police 
departments.  NJSP purges identifying data from allowed 
NICS transactions within 24 hours; denial data are retained
indefinitely.

Registration. Handguns and assault firearms 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.

2003/2004 legislation.  No significant changes.

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

Source of information. New Jersey State Police.

Contact. J. F. Corbley / John O'Brien, Division of 
State Police, P.O. Box 7068, West Trenton, NJ 08628,
(609)882-2000.

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. It 
is unlawful for a firearm to be received, transported, or
possessed by a felon, defined as a person convicted of a 
felony offense by a court of the United States or of any 
State or political subdivision thereof and less than 10 
years have passed since the person completed a sentence or
period of probation (whichever is later)and the person has 
not been pardoned or received a deferred sentence.

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.

Prohibited firearms.  None.

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.

Permit. 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 firearms dealers in New Mexico 
contact the FBI for all checks required by the Brady 
Act.

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. New Mexico maintains criminal history, flagged 
domestic violence misdemeanor, and juvenile data on a 
statewide network. These files are partially automated, with 
search requests made by teletype to the Department of Public 
Safety. A domestic violence protection order database is being
developed.

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.

2003/2004 legislation. A new article authorized the 
Department of Public Safety to issue concealed 
handgun licenses.

Relevant laws. New Mexico Statutes 29-19-1 et seq; 
30-7-1 et seq.

Source of information. New Mexico Department of 
Public Safety.

Contact. Paul V. Herrera, Department of Public Safety, 
Law Enforcement Records Bureau, P.O. Box 1628, Santa 
Fe, NM 87504,(505) 827-9191.

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, 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. A person under 16 cannot 
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 a handgun license 
application.

Prohibited firearms. It is illegal to possess a short
barrel rifle or shotgun, a machine gun, a disguised gun,
or an assault weapon, with limited exceptions.

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. Sheriffs and police departments are 
partial points of contact for the NICS and conduct checks 
of handgun license applicants 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 gun show 
transfer checks 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.

Purchaser fees. Handgun license fees vary by issuing 
authority, but are at least $99, the cost of State and 
Federal fingerprint processing.

State data. New York maintains criminal history, fugitive, 
order of protection, and domestic violence 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. Criminal histories may contain 
dispositions of incompetent to stand trial or not 
responsible by reason of mental disease.

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. Persons denied a license are 
arrested in some cases.

2003/2004 legislation. No significant changes.

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

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

Contact. Gina Bianchi, Esq., Division of Criminal 
Justice Services, 4 Tower Place, Albany, NY 12203, 
(518) 457-8413.

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 and for a minor under the age of 12 
to possess any firearm, 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.

Prohibited firearms. It is unlawful to manufacture, 
possess, sell, purchase, or acquire a fully automatic 
firearm, a short-barrel rifle or shotgun, or certain 
other firearms; or to manufacture, sell, give away, or 
possess machine guns, sub-machine guns, or other like 
weapons, except in limited circumstances.

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. A person who 
may possess a machine gun is required to obtain a 
permit from the county sheriff.

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.

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, flagged 
domestic violence misdemeanor conviction, and motor 
vehicle data on a statewide network. State law requires 
prompt entry of all domestic violence orders into the
NCIC protection order file. Local mental health records 
may be accessed manually by checking agencies.

Check processing time.  No statewide information is
available.

Retention of records. Identifying data from allowed NICS 
transactions are purged within 90 days. 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 may 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.

2003/2004 legislation. The statute that makes it unlawful 
for a person to purchase a firearm while subject to a 
domestic violence order was amended. A new section provides 
that a court in certain cases shall order a person
subject to a domestic violence order to surrender all 
firearms, machine guns, and permits to the county 
sheriff.

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.

Contact. Gene Melvin, Bureau of Investigation, 3320 
Garner Road, Raleigh, NC 27626, (919) 662-4509.

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 for a handgun or other firearm to be 
transferred if the transferor knows or has reasonable cause 
to believe that the transferee is 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 who has been convicted of 
a felony or a disqualifying misdemeanor will regain the 
right to possess a firearm 5 or 10 years(depending on the 
type of offense committed) after the date of conviction 
or the date of release from incarceration or probation, 
whichever is later.

Prohibited firearms. No person may possess, obtain, 
receive, sell, or use a short-barreled rifle or shotgun, 
or purchase, sell, have, or possess a machine gun or 
fully automatic rifle, unless the person is within one 
of the limited exceptions.

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 firearms dealers in North Dakota 
contact the FBI for all checks required by the Brady 
Act. The North Dakota Bureau of Criminal Investigation
(BCI) conducts background checks on applicants for 
concealed weapon licenses. ATF allows a holder of a 
valid license to purchase a firearm without a new
NICS check.

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. North Dakota maintains partially automated 
fugitive and criminal history data on a statewide 
network. Court protection order data are also available. 
A new automated protection order system is underway to 
allow electronic entry of records by courts in large 
jurisdictions.

Check processing time. Not applicable.

Retention of records. Information on persons who are 
denied a concealed weapon license is retained for 6 
years.

Registration.  No State requirements.

Appeals of denials. A person who is denied a firearm by 
the FBI may appeal under Federal law. A denial of a 
concealed weapon license may be appealed to North Dakota 
district court.

Arrests of denied persons. BCI notifies other agencies 
of concealed weapon license applicants who have 
outstanding warrants.

2003/2004 legislation. No significant changes.

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

Source of information. North Dakota Office of the 
Attorney General, Bureau of Criminal Investigation.

Contact. Judith Volk, Bureau of Criminal Investigation, 
P.O. Box 1054, Bismarck, ND 58502, (701) 328-5507.

Ohio

FBI conducts NICS checks

Prohibited persons. No person shall knowingly acquire, 
have, carry, or use any firearm if the person 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; under 
adjudication of mental incompetence; committed to a 
mental institution; subject to hospitalization by 
court order; or an involuntary patient who is not 
hospitalized only for observation. It is unlawful to
transfer a firearm to a prohibited person. A handgun 
cannot be transferred to or purchased by a person 
under 21 years of age. It is unlawful for any type 
of firearm to 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.

Prohibited firearms. No person shall knowingly 
acquire, have, carry, or use any dangerous ordnance, 
which includes any automatic or sawed-off firearm 
or zip-gun. Certain exceptions are allowed.

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. 
A license is required to carry a concealed handgun. A 
person who is qualified to acquire, possess, carry, or 
use any automatic or sawed-off firearm or zip-gun must 
apply to the sheriff of a county or safety director or 
police chief of a municipality for a license or 
temporary permit.

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

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. Ohio maintains automated fugitive, criminal 
history, domestic violence misdemeanor, probation, and 
parole data on a statewide network. The Bureau of Criminal 
Identification and Investigation maintains involuntary 
commitment data that is accessed only during a check on 
a concealed handgun license applicant. Domestic violence 
restraining order data is maintained by counties and 
entered into the NCIC protection order file.

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.

2003/2004 legislation. A new section authorizes county 
sheriffs to issue licenses to carry concealed handguns. 
An amendment expanded the definition of mentally ill 
persons who cannot acquire, have, carry, or use any 
firearm. Probate judges and hospital officers are 
required to send notices of involuntary commitments to 
the Bureau of Criminal Identification and Investigation 
for use in conducting concealed handgun license checks.

Relevant laws.  Ohio Revised Code 2923.11 et seq.

Source of information. Ohio Office of the Attorney 
General, Bureau of Criminal Identification and 
Investigation.

Contact. Lonnie Rudasill, Bureau of Criminal 
Identification and Investigation, P.O. Box 365, 
London, OH 43140, (740) 845-2215.

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 or controlled by a person who is a 
convicted felon, adjudicated as a delinquent child or 
a youthful offender, 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 nonviolent 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.

Prohibited firearms. It is illegal to possess or control 
a sawed-off shotgun or a sawed-off rifle, unless the 
firearm has been registered pursuant to Federal law.

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 firearms dealers in Oklahoma 
contact the FBI for all checks required by the Brady 
Act.

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. Oklahoma maintains fully automated criminal 
history data on a statewide network. Domestic violence 
misdemeanor convictions may be identified in criminal 
history records by the title of the charging offense.
Criminal histories may include dismissals based on 
insanity or hospital commitments. Involuntary commitment 
records are searched by the Department of Mental Health 
during a check on an applicant for a concealed handgun
license. Fugitive warrants and domestic violence 
restraining orders are entered into NCIC files. The 
State is currently flagging domestic offense records 
and increasing automation of court records and 
restraining order reporting.  

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.

2003/2004 legislation.  No significant changes.

Relevant laws. Oklahoma Statutes 21-1271.1 et seq.

Source of information. Oklahoma State Bureau of
Investigation.

Contact. Rusty Featherstone, Bureau of Investigation, 
6600 North Harvey Suite 300, Oklahoma City, OK 73116, 
(405) 879-2536.

Oregon

State requests NICS checks

Prohibited persons. Oregon law prohibits the knowing 
possession of a firearm by a person who is under 18 
years of age, a juvenile offender, convicted of a felony, 
committed to the Department of Human Services (DHS), or 
found to be mentally ill and ordered not to purchase or 
possess a firearm. It is unlawful to intentionally 
transfer a firearm to a person who is under 18 years of 
age, convicted of a felony, named in a felony arrest 
warrant, free on felony pretrial release, committed to 
DHS, found to be mentally ill and ordered not to purchase 
or possess a firearm, or convicted within the
previous 4 years of a misdemeanor involving 
violence (assault in the 4th degree, menacing, 
reckless endangering, or intimidation in the 2nd 
degree). Further, it is unlawful to ship, transport, 
receive, sell, or otherwise furnish a firearm in 
furtherance of a felony.

Restoration of rights. A convicted felon's right to 
possess a firearm may 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. Other 
prohibited persons may petition a justice court or 
circuit court for relief.

Prohibited firearms. It is unlawful to knowingly 
possess a machine gun, short-barreled rifle, or 
short-barreled shotgun, unless the firearm is
registered as required under Federal law.

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. A license is required 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 may 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.

Purchaser fees. A fee of $9 is charged for a background 
check by the Firearms Unit.

State data. Oregon maintains criminal history, flagged 
domestic violence misdemeanor, fugitive, stolen gun, 
restraining order, and juvenile data on a statewide 
computer network. A DHS database contains mental 
illness and commitment information.

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 
may appeal to the State Police Identification Services 
Section upon submission of fingerprints.

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.

2003/2004 legislation.  No significant changes.

Relevant laws.  Oregon Revised Statutes 166.170 et seq.

Source of information. Oregon State Police.

Contact. Marie Severson, State Police Firearms Unit, 
3772 Portland Road NE, Salem, OR 97303, (503) 378-3070.

Pennsylvania

State requests NICS checks

Prohibited persons. State law prohibits firearm 
possession 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 18 (with 
limited exceptions).  State records that are 
prohibiting under Federal law include all convictions 
for a felony, a misdemeanor 1, a misdemeanor for which 
a person could have been sentenced to more than 2 years 
in prison, or a domestic violence misdemeanor
conviction as defined by the Lautenberg Amendment.

Restoration of rights. A prohibited person may apply to 
the court of common pleas in the county of their 
principal residence for relief from disability under 
certain conditions (but such relief does not satisfy federal
prohibitions). 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 under certain conditions.

Prohibited firearms. It is illegal to sell or possess a 
machine gun, a sawed-off shotgun with a barrel less than 
18 inches, or a firearm made or adapted for concealment 
or silent discharge, except when in compliance with the 
National Firearms Act.

Regulated sales. Pennsylvania law requires background 
checks on persons who purchase any firearms from a 
licensed dealer and on all private transfers of
handguns except those between certain related 
persons. Private transfers of long guns must 
comply with Federal law. Handguns cannot be 
pawned.

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

Background checks. The Pennsylvania State Police(PSP) 
is a NICS point of contact for checks on sales or 
redemptions required by Federal and State law. State 
licensees contact the Pennsylvania Instant Check 
System (PICS) by using a toll-free number. On average, 
55% of 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 State resident, the call is 
automatically transferred to a staff operator.

Waiting period.  No State requirements.

Purchaser fees. State law requires a fee of $2 for each 
background check and a $3 surcharge 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 supplied by county 
officials are available to PICS staff only to enforce 
the State firearms act. Updated records from research 
and denial challenges are kept to eliminate duplicate 
research on future transactions. A conviction 
determined to involve domestic violence is flagged and
record upgrades will incorporate flagging routines.

Check processing time. Approximately 55% of calls are 
approved automatically, averaging less than 1.5 minutes. 
An additional 35% of calls are approved during the 
initial call with the assistance of an operator. The 
remaining calls are either denied on the initial call 
by the operator or held in research for a period not to 
exceed 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 6 months on paper (8 years if a challenge 
occurs) and 20 years in electronic format.

Registration.  No State requirements.

Appeals of denials. A person who is denied by PICS may 
file a challenge with the PICS Challenge Unit. 
Subsequent appeals may be filed with the State
attorney general and commonwealth court.

Arrests of denied persons. Notice of persons who submit 
false purchase applications is given to local, State, 
and Federal (ATF) authorities. If a fugitive is 
identified at the time of purchase, the local agency 
with jurisdiction is notified immediately.

2003/2004 legislation. A new section was established 
under the PA. Vehicle Code for DUI.

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

Source of information. Pennsylvania State Police.

Contact. Lt. Joseph G. Elias, Director, Firearms 
Division, Bureau of Records & Identification, 
1800 Elmerton Ave., Harrisburg, PA 17110, 
(717) 783-5598.

Rhode Island

FBI conducts NICS checks
State conducts separate checks

Prohibited persons. A firearm shall not be purchased 
or possessed by a person who is convicted of a crime 
of violence in Rhode Island or elsewhere, a fugitive 
from justice, convicted of a domestic violence felony, 
in community confinement or subject to electronic 
surveillance or monitoring as a condition of parole, 
mentally incompetent, a drug addict, an habitual
drunkard, or an illegal alien. 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.

Prohibited firearms.  No person shall manufacture, sell, 
purchase, or possess a machine gun, or possess or control 
a sawed-off shotgun or sawed-off rifle unless the person 
is within one of the limited exceptions.

Regulated sales. State law requires a background check 
on any person who purchases a firearm. Any citizen of 
the United States may purchase a long gun in Rhode 
Island unless otherwise prohibited. A retail dealer of 
firearms must have a license from a city, town, or 
political subdivision of the State.

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 a 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 firearms 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.

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

State data. Rhode Island maintains automated fugitive, 
criminal history, probation, parole, restraining order, 
and flagged domestic violence misdemeanor data on a 
statewide network. The State is pursuing improved
automation of restraining order data.

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 may appeal under Federal
law.

Arrests of denied persons. No information is available.

2003/2004 legislation.  No significant changes.

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

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

Contact.  William Devine, Department of the Attorney 
General, Bureau of Criminal Investigation, 150 S. 
Main, Providence, RI 02903,(401) 274-4400.

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, an habitual 
drunkard, a 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.

Prohibited firearms. It is unlawful, with limited 
exceptions, for a person to transport, store, keep, 
possess, sell, rent, or give away a machine gun,
military firearm, or sawed-off shotgun or rifle. No 
licensed retail dealer may hold, store, handle, sell, 
offer for sale, or otherwise possess a pistol or 
other handgun with a die-cast, metal alloy frame or 
receiver which melts at a temperature of less than 
800 degrees Fahrenheit.

Regulated sales. 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. A resident of any State may purchase a 
long gun in South Carolina unless otherwise 
prohibited.

Permits. No permit is required to purchase firearms. 
The South Carolina Law Enforcement Division (SLED)
issues concealed handgun permits and special
licenses required for possession, transportation, 
or sale of machine guns.

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

Waiting period. No State requirements.

Purchaser fees. No State requirements.

State data. South Carolina maintains fully automated 
fugitive, criminal history, juvenile, and flagged 
domestic violence misdemeanor data on a statewide 
network. Domestic violence restraining orders with 
proper identifiers are entered into the NCIC 
protection order file.

Check processing time. Not applicable.

Retention of records. SLED retains a copy of every 
handgun purchase application filed with a State-
licensed dealer. Information on persons who are 
denied a concealed handgun permit is retained 
indefinitely.

Registration. Every person permitted to possess 
a machine gun, sawed-off shotgun, or sawed-off 
rifle must register the firearm with SLED.

Appeals of denials. A person who is denied a 
firearm by the FBI may appeal under Federal law. 
A person who is denied a concealed handgun permit 
may appeal to the Chief of SLED and further to an 
administrative law judge.

Arrests of denied persons. SLED notifies other 
agencies of concealed handgun permits applicants 
who have outstanding warrants.

2003/2004 legislation  An amendment deleted the 
provisions that prohibit a person from purchasing 
more than one pistol on an application or purchasing
more than one pistol during each thirty day period.

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.

Contact. Carlotta Stackhouse, Law Enforcement 
Division, 4400 Broad River Road, Columbia, SC 
29221, (803) 896-7143.

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 controlled substance 
or marijuana violation, 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 or 
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.

Prohibited firearms. It is illegal, with limited 
exceptions, to knowingly possess a controlled weapon, 
which includes a machine gun or short shotgun.

Regulated sales. State law does not require 
background checks on firearms purchasers. A State 
application is required to purchase a pistol if the
purchaser does not have a permit to carry a 
concealed handgun. Residents of other States may 
purchase long guns in South Dakota unless otherwise
prohibited.

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

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

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.

Purchaser fees.  None.

State data. South Dakota maintains fully automated 
fugitive, criminal history, flagged domestic violence 
misdemeanor, probation, parole, and protective order 
data on a statewide network. Criminal histories may
contain insanity or incompetent to stand trial 
dispositions. A driver's history file is available 
to check for additional data.

Check processing time. Not applicable.

Retention of records. The seller of a pistol shall 
within six hours send by first class mail or hand 
deliver the completed application to the chief of
police of the municipality or the sheriff of the 
county of which the purchaser is a resident. State 
law requires chiefs of police and sheriffs to
retain their copies of pistol applications for a 
period of 1 year.

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.

2003/2004 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.

Contact. Robert Grandpre, Attorney General's Office, 
Division of Criminal Investigation, 500 East Capitol 
Avenue, Pierre, SD 57501, (605) 773-3331.

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.  A licensed dealer cannot sell a 
firearm to a person who is addicted to alcohol or 
ineligible to receive a firearm under 18 U.S.C. 922. 
A firearm transfer is denied if the buyer was charged 
with a crime for which a conviction would cause a 
prohibition under State or Federal law, and the final 
disposition of the case has not occurred or is not 
recorded. 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 (with limited exceptions), 
or under the influence of alcohol or any controlled 
substance.

Restoration of rights. Firearm rights may be regained 
by a convicted felon who obtains a pardon, a set aside 
or an expungement of the conviction, or restoration of 
civil rights by a circuit court. A person convicted of 
a felony involving use or attempted use of force, 
violence, or a deadly weapon, or a felony drug offense 
cannot possess a handgun even if civil rights have been 
restored.

Prohibited firearms. It is an offense to intentionally 
or knowingly possess, manufacture, transport, repair, 
or sell a machine gun or short-barrel rifle or shotgun, 
except in limited circumstances.

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 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; high volume dealers 
can also use computers with a "point-of-sale device."

Waiting period. No State requirements.

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, flagged 
domestic abuse misdemeanor, restraining order, and sex 
offender data. The Administrative Office of the Courts 
recently began to forward not guilty by reason of 
insanity dispositions to TBI.

Check processing time. Transactions are normally 
processed in less than 5 minutes or in less than 
1 day if additional research is required.

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 requests 
reconsideration of a TBI denial is furnished a letter 
of instructions and an FBI final disposition form, 
which must be filled out by the arresting agency or 
clerk of the appropriate court and returned to TBI. 
For a denial based upon an arrest with no disposition
recorded, TBI has 15 calendar days after the applicant 
appeals to obtain the final disposition. If TBI cannot 
obtain the disposition, the dealer is notified that the 
transaction is a "conditional proceed," (neither denied 
nor approved) and the dealer may lawfully transfer the 
firearm.

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.

2003/2004 legislation.  No significant changes.

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

Source of information.  Tennessee Bureau of Investigation.

Contact. Jeanne Broadwell, Bureau of Investigation, 
901 R.S. Gass Boulevard, Nashville, TN 37216, 
(615) 744-4208.

Texas

FBI conducts NICS checks

Prohibited persons. Texas law prohibits possession of a 
firearm by a person who has been convicted of any felony 
or a Class A misdemeanor involving a member of the 
person's family or household, and five years have not 
elapsed since the person's release from confinement or 
supervision. A firearm cannot be possessed by a person 
who is subject to certain protective orders. It is
unlawful to knowingly transfer a handgun to a person who 
intends to use it unlawfully or in the commission of an 
unlawful act, 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 person who has been convicted 
of any felony or a Class A misdemeanor involving a member 
of the person's family or household may possess a firearm 
if five years have elapsed since the person's release
from confinement or supervision. A convicted felon with 
restored rights may only possess a firearm on the premises 
where the person lives.

Prohibited firearms. It is an offense to intentionally 
or knowingly possess, manufacture, transport, repair, 
or sell a machine gun, a short-barrel rifle or shotgun, 
or a zip gun except in limited circumstances.

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 firearms dealers in Texas contact 
the FBI for all background checks required by the Brady 
Act. The Texas Department of Public Safety conducts 
background checks on applicants for concealed handgun 
licenses. ATF allows a holder of a valid concealed 
handgun license to purchase a firearm without a new NICS
check.

Waiting period. No State requirements.

Purchaser fees. None.

State data. Texas maintains fully automated fugitive, 
criminal history, flagged domestic violence misdemeanor, 
protective order, juvenile, probation, and parole data 
on a statewide network. Court records are manually 
checked for mental illness dispositions.

Check processing time. Not applicable.

Retention of records. Information on persons who are 
denied a concealed handgun license is retained 
indefinitely.

Registration. No State requirements.

Appeals of denials. A person who is denied a firearm by 
the FBI may appeal under Federal law. A denial of a 
concealed handgun license application may be appealed 
to justice court.

Arrests of denied persons. No information is available.

2003/2004 legislation. An amendment makes it an offense 
for a person to possess a firearm while subject to a 
sexual assault protective order.

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

Source of information. Texas Department of Public Safety.

Contact. David Gavin, Department of Public Safety, Crime 
Records Service, P.O. Box 4143, Austin, TX 78765, 
(512) 424-2077.

Utah

State requests NICS checks

Prohibited persons. A firearm cannot be purchased, 
transferred, or possessed by a Category 1 or Category 
2 restricted person. A Category 1 restricted person 
has been convicted of a violent felony, is on parole 
or probation for a felony, is on parole from a secure 
facility, or has been adjudicated delinquent within the 
past 10 years for an offense which if committed by an
adult would have been a violent felony. A Category 2 
restricted person has been convicted of or is under 
indictment for a felony, has been adjudicated delinquent 
within the past 7 years for an offense which if committed 
by an adult would have been a felony, is an unlawful user 
of a controlled substance, is in possession of a dangerous 
weapon and a controlled substance, has been found not 
guilty by reason of insanity or found mentally incompetent 
to stand trial for a felony, has been adjudicated mentally 
defective or committed to a mental institution, is an illegal 
alien, has been dishonorably discharged from the armed 
forces, or has renounced U.S. citizenship. A minor under 18
cannot possess a handgun, sawed-off rifle or shotgun, or 
automatic weapon except as provided by Federal law. It is 
illegal to provide a firearm to a minor who is prohibited or 
lacks parental consent.

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

Prohibited firearms.  None.

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

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

Background checks. The Utah Bureau of Criminal Identification
(BCI) is a point of contact for the NICS and conducts all 
checks required by Federal and State law. Licensed firearms 
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.

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

State data. Utah maintains automated fugitive, criminal 
history, flagged domestic abuse misdemeanor, restraining 
order, adjudicated mentally defective, and motor vehicle 
data on a statewide network. Criminal histories may include 
various mental health dispositions.

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 
may appeal to BCI and further to the Commissioner of 
Public Safety. An appeal may also be filed with the 
FBI or the State that maintains the prohibitory record. 
A concealed firearm permit denial may be appealed to a 
State of Utah 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. Federal 
offenders are reported to ATF.

2003/2004 legislation. Amendments modified the 
information required from a concealed firearm permit 
applicant, made Utah law consistent with federal 
law regarding the purchase of firearms, and required 
that only one photo identification rather than two be 
presented by a purchase applicant.

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

Source of information. Utah Bureau of Criminal 
Identification.

Contact. Joyce Carter, Bureau of Criminal Identification, 
4501 South 2700 West, Salt Lake City, UT 84119, 
(801) 965-3810.

Vermont

FBI conducts 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 minor under 
the age of 16 years. (An instructor or a teacher may 
furnish firearms to pupils for instruction and drill.) 
A handgun cannot be possessed or controlled by a child 
under the age of 16 years without the consent of a
parent or guardian.

Restoration of rights.  No State requirements.

Prohibited firearms. A person who possesses, sells, or 
offers for sale a zip gun shall be imprisoned or fined 
or both.

Regulated sales. Vermont does not require background 
checks on firearms purchasers. 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 State is not a point of
contact for the NICS. Licensed firearms dealers in 
Vermont contact the FBI for all background checks 
required by the Brady Act.

Waiting period. No State requirements.

Purchaser fees. No State requirements.

State data. The State of Vermont maintains automated 
information on criminal histories, fugitives from 
justice, abuse prevention orders, probation, and
parole. Domestic violence misdemeanor convictions are 
flagged within criminal history records. Insanity 
dispositions may also be included in criminal 
histories.

Check processing time. Not applicable.

Retention of records. State agencies are not required 
to retain any firearm transaction records. Firearm 
dealers are required to retain sales records for 6 
years.

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.

2003/2004 legislation.  No significant changes.

Relevant laws. Vermont Statutes 13-4001 et seq.

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

Contact. J. Paul Duquette, Newport City Police 
Department, 222 Main Street, Newport, VT 05855, 
(802) 334-6733.

Virginia

State requests NICS checks

Prohibited persons. Virginia law prohibits: possession 
of a firearm by a person who is acquitted of certain 
offenses by reason of insanity; purchase or possession 
of a firearm by a person who has been adjudicated 
incompetent or incapacitated, or involuntarily committed; 
purchase of a firearm by a person who is subject to a 
protective order; purchase of a handgun by certain
persons who have been convicted of two misdemeanor 
drug offenses within 36 months; possession of a 
firearm by a person who has been convicted of a 
felony or found guilty as a juvenile of a delinquent 
act which would be a felony if committed by an adult; 
possession of an assault firearm by a person who is 
not a U.S. citizen or lawfully admitted for permanent 
residence; and possession of a handgun or an assault 
firearm by a person under 18 years of age.

Restoration of rights. The governor may grant a pardon 
or removal of political disabilities to a person who 
committed a felony or a 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.

Prohibited firearms. It is unlawful to possess a sawed-
off shotgun or rifle(except for limited purposes), or 
to sell, transfer, or possess a plastic firearm or certain 
semi-automatic shotguns.

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. A person 
cannot purchase more than one handgun in a 30-day period 
unless authorized by the State Police, or specifically 
exempted by State law.

Permits. A permit is not required to purchase a firearm. 
A permit issued by a circuit court is needed to carry a 
concealed handgun. The Virginia State Police (VSP) is the 
issuing agency for nonresident concealed handgun permits.

Background checks. 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.

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, protective 
order, flagged domestic violence misdemeanor, drug user, 
and misdemeanor drug convictions data. A calendar file 
is maintained for handgun purchases. Criminal histories 
may include various mental health dispositions. In 
December 2003, mental health records were made available 
to the NICS on a real-time basis, and Virginia non-
fingerprint supported criminal history data and other 
prohibiting records not indexed in the Interstate 
Identification Index were uploaded to the NICS Denied 
Persons File.

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 no more than 30 days. 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. Machine guns are registered.

Appeals of denials. A person who is denied a firearm 
may request correction of a criminal history record 
or appeal to the VSP, or institute a civil action 
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.

2003/2004 legislation. Amendments revised definitions, 
allowed additional exceptions to the handgun purchase 
restriction, provided for the issuance of nonresident 
concealed handgun permits, and abolished provisions 
regulating sales and purchases in contiguous States.

Relevant laws. Code of Va. Title 18.2, Ch. 7, Art. 7.

Source of information. Virginia State Police.

Contact. Donna Tate, State Police Firearms Transaction 
Center, P.O. Box 85608, Richmond, VA 23285-5608, 
(804) 674-2210.

Washington

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons. State law prohibits ownership, 
possession, or control of a firearm by a person who 
is convicted of or adjudicated in juvenile court for 
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 but 
less than 21 may possess a handgun only in certain places. 
State law allows permissible firearms for children under 
18 years of age for events such as hunting or trapping 
under a valid license, target shooting or practicing at 
an established range, or an organized competition.

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

Prohibited firearms. It is unlawful, with limited 
exceptions, for any person to manufacture, own, buy, 
sell, loan, furnish, transport, or have in possession 
or under control any machine gun, short-barreled shotgun, 
or short-barreled rifle.

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 license is required to carry a concealed 
handgun. An alien lawfully present in the U.S. must 
obtain a license to possess or carry any firearm.

Background checks. Handgun purchase applicants are 
checked by 291 sheriffs and police departments that 
are partial points of contact for the NICS. 
Applications are received from dealers in person, by 
fax, or by regular or certified mail. A handgun may be 
delivered to the purchaser when the dealer is notified 
of an approval or after 5 business days have elapsed. 
The time allowed for a check may be extended up to 30 
days when an applicant's record lacks certain 
dispositions, or up to 60 days for a person who is a new
Washington resident or lacks required identification. 
Licensed dealers contact the FBI for checks required by 
the Brady Act on persons who purchase long guns or redeem 
pawned firearms.

Waiting period.  No State requirements.

Purchaser fees.  None.

State data. A statewide network maintains automated 
fugitive, criminal history, restraining order, and 
flagged domestic violence misdemeanor data. Some 
juvenile data are also available. Checking agencies 
request involuntary commitment data from the Department 
of Social and Health Services by letter, telephone, or 
e-mail. Criminal histories may include insanity or 
incompetent to stand trial dispositions. Beginning in 
July 2004, involuntary commitment data will be sent to 
the NICS Index.

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

Retention of records. State law provides that a checking 
agency shall retain or destroy handgun purchase applications 
in accord with 18 U.S.C. 922. Identifying data from allowed 
NICS transactions are purged within 24 hours.
Denied applications are retained indefinitely. The 
department of licensing may keep copies or records 
of handgun purchase applications. Dealers retain
copies of applications for 6 years.

Registration.  No State requirements.

Appeals of denials. A person who is denied a handgun 
purchase may appeal to superior court or directly to 
the FBI.

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

2003/2004 legislation.  No significant changes.

Relevant laws.  WA. Revised Code 9.41.010 et seq.

Source of information.  Washington State Patrol.

Contact. Ms. Mary Neff, Washington State Patrol 
Criminal History Section, P.O. Box 42619, Olympia, 
WA 98504, (360) 570-5230.

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.

Prohibited firearms. It is unlawful for any person to 
carry, transport, or possess any machine gun or submachine 
gun or any other fully automatic weapon, except in 
compliance with Federal law.

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 firearms dealers in West Virginia 
contact the FBI for all checks required by the Brady Act.

Waiting period.  No State requirements.

Purchaser fees.  No State requirements.

State data. West Virginia maintains fully automated 
fugitive and criminal history data on a statewide 
network.  Domestic violence misdemeanor convictions 
may be found within criminal history records. A registry 
of domestic violence protective orders is being developed.

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.

2003/2004 legislation.  No significant changes.

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

Source of information. West Virginia State Police.

Contact. Thomas A. Barrick, Department of State Police, 
725 Jefferson Road, South Charleston, WV 25309, 
(304) 746-2177.

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 of 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 of a similar offense in another jurisdiction by 
reason of mental disease or defect, committed for treatment 
and ordered not to possess a firearm, enjoined or ordered 
not to possess a firearm under a domestic violence 
injunction, 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.

Prohibited firearms. No person, with limited exceptions, 
may sell, possess, use, or transport any machine gun or 
other fully automatic weapon, or sell, offer to sell, 
transport, purchase, or possess a short-barreled 
shotgun or short-barreled rifle.

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 firearms 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 is required for 
handgun sales regardless of when a check is completed. 
The waiting period begins when DOJ acknowledges receipt 
of purchaser information from a dealer.

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

State data. A statewide network maintains fully automated 
fugitive, criminal history, juvenile, involuntary 
commitment, restraining order, and flagged domestic 
violence misdemeanor data. 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. State law requires that DOJ destroy 
all records from approved transactions within 30 days. 
Data from 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.

2003/2004 legislation.  No significant changes.

Relevant laws. Wisconsin Statutes 175.30; 175.35; 
941.20 et seq; 948.60.

Source of information. Wisconsin Department of Justice.

Contact. Mary Sturdevant, Department of Justice Criminal 
Information Bureau, P.O. Box 2718, Madison, WI 53701, 
(608) 267-2776.

Wyoming

FBI conducts NICS checks

Prohibited persons. Wyoming law prohibits knowing 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.

Prohibited firearms.  None.

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

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

Background checks. The State is not a point of contact for 
the NICS. Licensed firearms dealers in Wyoming contact the 
FBI for all checks required by the Brady Act. The Wyoming 
Attorney General's Division of Criminal Investigation
conducts background checks on applicants for concealed 
weapon licenses, after receiving applications from county 
sheriffs. ATF allows a holder of a valid concealed weapon 
license to purchase a firearm without a new NICS check.

Waiting period.  No State requirements.

Purchaser fees.  No State requirements.

State data. A statewide network maintains fully automated 
records of criminal histories and fugitives who are wanted 
in felony or misdemeanor warrants. Misdemeanor convictions 
for domestic violence offenses are flagged within criminal 
history records. Domestic violence restraining orders are 
entered into State and NCIC protection order files. 
Wyoming is planning an interface between the court system, 
the State file, and NCIC for automated entry of
restraining orders.

Check processing time. Not applicable.

Retention of records. Information on persons who are denied 
a concealed weapon license is retained indefinitely.

Registration.  No State requirements.

Appeals of denials. A person who is denied a firearm by the 
FBI may appeal pursuant to Federal law. A person who is 
denied a concealed weapon license may submit additional 
documents and request reconsideration by the Attorney
General.

Arrests of denied persons. No information is available.

2003/2004 legislation. The statutes that allowed a resident 
of a contiguous State to purchase a long gun in Wyoming 
and allowed a Wyoming resident to purchase a long gun in 
a contiguous State were repealed.

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

Source of information. Wyoming Attorney General, Division 
of Criminal Investigation.

Contact. James M. Wilson, Division of Criminal Investigation, 
316 West 22nd Street, Cheyenne, WY 82002, (307) 777-7181.

American Samoa

Territory requests NICS checks and conducts
separate checks

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

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

Prohibited firearms. It is unlawful to knowingly possess, 
manufacture, transport, repair, or sell a machine gun, a 
short barreled rifle or shotgun, or any other firearm for 
which a valid license from the commissioner of public 
safety has not been obtained. (Exceptions to these 
prohibitions are stated in the prohibited weapons statute.)

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 background 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 the 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. OTICIDE conducts NICS checks for the territory.

Waiting period. No requirements.

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 Annotated 46.4201 et seq.

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

Contact. Jacinta Brown, O.T.I.C.I.D.E., P.O. Box 4567, 
Pago Pago, AS 96799, (684) 633-2827.

Guam

FBI conducts NICS checks
Territory conducts separate checks

Prohibited persons. Guam law prohibits issuing a firearms 
identification card to a person who is a convicted felon, 
not a resident of the territory, adjudicated incompetent, 
subject to a physical or mental disease which would
adversely affect the safe use of the firearm, under the 
age of 18 years old, convicted of a drug offense, 
knowingly subject to a restraining order from a current 
or former intimate partner, under an indictment or 
information for any felony offense, arrested for or 
convicted of a family violence offense, arrested or 
convicted in any case where personal injury resulted 
from the offense, or arrested for or convicted of 
offenses where a firearm was an element or factor of 
the offense.

Restoration of rights. A convicted felon's right to 
receive a firearms identification card cannot be 
restored. A person convicted of a misdemeanor where a 
firearm was an element or factor of the offense or where 
personal injury resulted from the offense may have rights 
restored 10 years from the judgment date.

Prohibited firearms. The manufacture, possession, sale, 
barter, trade, gift, transfer, or acquisition of any 
machine guns, submachine guns, automatic guns,
pre-banned and post-banned weapons, or certain short 
firearms is prohibited.

Regulated sales. All transfers of lawful firearms, 
except for temporary transfers at shooting galleries, 
require that the person transferring or receiving the 
firearm holds a current identification card. All weapons
must be safety inspected by the Guam Police Department's 
Armory Section. Both parties must appear at the Armory 
and Record and ID Sections to conduct a transfer.

Permits. A valid identification card is required to own, 
possess, use, carry, acquire, or transfer any lawful 
firearm. The permit is renewed tri-annually on the 
holder's birthday.

Background checks. The Guam Police Department(GPD) 
fingerprints all applicants for a firearm identification 
background check and submits the prints to the Superior 
Court of Guam, which conducts the State Identifications 
Bureau checks for the Territory. NICS checks for the 
Territory are conducted by the FBI. Military personnel 
with top secret or secret clearance have the option to 
waive fees by providing a copy of their clearance. First-
time applications and renewals past 10 years require a 
check.

Waiting period. New applicants must wait until check 
results are received by GPD(about 30 days). The waiting 
period is waived for military personnel with a top secret 
or secret clearance. Renewal applicants have no waiting 
period if they do not have a criminal case or restraining 
order that prevents renewal.

Purchaser fees. First-time applicants are charged $24 by 
the Superior Court for the FBI background information fee. 
GPD charges $10 for fingerprinting in order to obtain the 
background information. When the application is approved, 
the applicant is charged $15 for the identification card 
(renewable every 3 years). There is a $20 fee for permanent 
registration of each firearm.

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

Check processing time. For first time applicants, 
the processing time is approximately 4 to 6 weeks.

Retention of records. GPD retains all identifications 
indefinitely and all applications received since 1998 
are maintained indefinitely.

Registration. All weapons must be accompanied by either 
an authorized gun dealer receipt, shipped household goods 
declaration or a customs declaration sheet and an inspection 
sheet from the GPD armorer prior to registering a weapon at 
the GPD Records and ID Section. A transfer from one person 
to another requires that both parties be present at the 
Armory and Records Sections. All transfers require a new 
registration.

Appeals of denials. Territorial law does not provide a 
procedure for appealing an identification denial. Judgments 
from Superior Court or U.S. District Court of Guam may 
reinstate the privilege to own a weapon.

Arrests of denied persons. A person in possession of a 
weapon without a valid firearms identification card is 
in violation of Guam law and may be arrested.

Relevant laws. 10 G.C.A.,Chapter 60: Firearms.

Source of information. Guam Police Department.

Contact. Karen Guerrero, Police Department Records and 
ID Section, P.O. Box 23909, GMF, Bamgada, GU 96921, 
(671) 475-8498.

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, 
an habitual drunkard, addicted to a controlled substance, or 
an alien, or who has been a citizen of the United States and 
renounced such citizenship, 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 or aggravated mistreatment.

Restoration of rights. No regulations cover restoration of 
rights.

Prohibited firearms. It is unlawful to sell or keep for 
sale, or offer, give, lease or otherwise dispose of or 
transport any automatic firearm, or to possess a machine 
gun, carbine, rifle, sawed-off shotgun or any other
modification of these, or any other firearm that may be 
fired automatically.

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.

Permits. A license is required 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. Federally-licensed 
dealers contact the FBI for all checks required by the 
Brady Act.

Waiting period. The waiting period for the license 
evaluation process may be from 5 to 120 days.

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. The Commonwealth has an automated criminal 
history repository.

Check processing time. The background check process can 
take from 4 months to more than 6 months.

Retention of records. Approved applications are retained 
by the police for a maximum period of 130 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. 
54 of August 15, 1989; Law No. 284 of August 21, 1999; 
Law No. 404 of March 1, 2001; Law No. 177 of August 1, 2003.

Source of information. Department of Justice.

Contact. Julio L. Rosa, Department of Justice, Statistical 
Analysis Center, P.O. Box 9020192, San Juan, PR 00902-0192, 
(787) 729-2484.

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 has been convicted in or outside the 
territory of a crime of violence, a drug law violation, 
or a firearms law violation, or is mentally incompetent, 
an habitual drunkard, a drug addict, or deemed to be an 
improper person by the police. A firearm cannot be sold 
or furnished to a minor except in limited circumstances.

Restoration of rights.  No information is available.

Prohibited firearms. It is an offense, unless otherwise 
authorized by law, to have, possess, bear, transport, or 
carry any machine gun or sawed-off shotgun.

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.

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. The territory maintains manual criminal 
history information.

Check processing time. No information is available.

Retention of records. No information is available.

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

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

Arrests of denied persons. No information is available.

Relevant laws. Virgin Islands Code 14-2253; 23-451 et 
seq.

Source of information. Virgin Islands Police Department.

Contact. Anthenia Brown, Police Department, Alexander 
Farrelly Justice Complex, Charlotte Amalie, St. Thomas, 
VI 00802, (340) 774-2211.

Washington, D.C.

FBI conducts NICS checks
District conducts separate checks

Prohibited persons. 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 a 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 misdemeanor 
offenses involving drugs, certain assaults, or threats, 
and certain other prohibited persons may be allowed to 
register a firearm after a 5-year disqualification.

Prohibited firearms. 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. Handguns cannot be purchased, 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).

Regulated sales. Private individuals may only sell or 
transfer registered 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 firearms 
dealers contact the FBI for all checks required by the 
Brady Act.

Waiting period.  No requirements.


Purchaser fees. The fingerprint fee is $35 and the 
firearms registration fee is $13.

State data. Criminal history records are partially automated 
and include domestic violence misdemeanor convictions and 
restraining order data. Mental health records are checked 
if a registration applicant indicates a commitment.

Check processing time. A background 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 2001, Title 7, 
Chapter 25; Firearms Control Act of 1975.

Source of information. District of Columbia Metropolitan 
Police Department; United States Attorney's Office.

Contact. Dean Welch, Metropolitan Police Department 
Registration Unit, P.O. Box 1606, Washington, D.C. 
20013, (202) 442-4247.


End of file
04/08/05 ih
revision 08/31/05 th