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

Survey of State Procedures Related to Firearm
Sales, Midyear 2002


April 2003, NCJ 198830
Revised 4/29/03

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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/ssprfs02.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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Alabama, Alaska, Arizona, Arkansas,  California,
Colorado, Connecticut, Delaware, Florida, Georgia,
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nebraska,  Nevada, New
Hampshire, New Jersey, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin,
Wyoming, American Samoa, Guam, Puerto Rico, 
The Virgin Islands, Washington, D.C.  
   
Includes the FBI's 
National Instant Criminal Background Check system

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

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 part of this material 
in this publication with the exception of those 
items indicating they are copyrighted or printed 
by any source other than REJIS.

More information on this subject may be
obtained from the following:

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

Devon B. Adams, BJS State Program Manager, and 
Ronald J. Frandsen, REJIS, wrote this report 
under the supervision of Carol G. Kaplan, BJS.  
Gene Lauver, Michael Bowling, David Naglish, 
Joann Laws, and Michael Boyd assisted in
collecting survey data for REJIS. Tom
Hester produced and edited the report. Jayne 
Robinson administered final production.


An electronic version of this report may be
found on the Internet a http://www.ojp.usdoj.
gov/bjs/ Introduction

History of the survey and related 
Bulletins   
Survey methodology 

Background

Federal prohibitions                 
Brady interim system                 
National Instant Criminal Background
Check System (NICS)           
State involvement in firearm 
transfer regulation                                           
Sources of additional information                             

Firearm sales topics -- State laws

Prohibited persons                   
Types of firearms                    
Regulated sales                      
Permits                              
Approval systems                     
Checking process                     
Waiting periods                      
Retention of records/registration    
Appeals of denials                 
Firearm rejection rates
            
Jurisdictional summaries

Information in summaries            
Federal system                 

States
Alabama                      
Alaska                       
Arizona                      
Arkansas                           
California                                           
Colorado                                
Connecticut                           
Delaware                      
Florida                      
Georgia                      
Hawaii                       
Idaho                        
Illinois                     
Indiana                      
Iowa                         
Kansas                       
Kentucky                     
Louisiana                    
Maine                        
Maryland                     
Massachusetts                
Michigan                     
Minnesota                    
Mississippi                  
Missouri                     
Montana                      
Nebraska                     
Nevada                       
New Hampshire                
New Jersey                   
New Mexico                   
New York                     
North Carolina               
North Dakota                 
Ohio                         
Oklahoma                     
Oregon                       
Pennsylvania                 
Rhode Island                 
South Carolina               
South Dakota                 
Tennessee                    
Texas                        
Utah                         
Vermont                      
Virginia                     
Washington                   
West Virginia                
Wisconsin                    
Wyoming                      
American Samoa               
Guam                         
Puerto Rico                  
The Virgin Islands           
Washington, D.C.             

Appendixes

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

Table 1a. Applications for firearm permits
processed by local 
agencies, grouped by population level 
of community served       
Table 2. Prohibited persons: Statutory
basis for denial of firearm sale or
possession    
Table 3. Minors: Restrictions based on age
or juvenile offender status  
Table 4. National Instant Criminal
Background Check System (NICS): checking 
agencies   
Table 5. Background check and permit
procedures  
Table 6. Fees, record retention, and
appeals 
Table 7. Databases accessed for firearm
checks  
Table 8. Firearm laws 
Table 9. Laws regarding prohibited persons, 
restoration of rights, prohibited firearms, 
regulated sales, handgun transfer limits, 
and permits
Table 10. Laws regarding background checks, 
waiting periods, transaction records, 
registration, false applications, 
and appeals   
Table 11. Revisions of sales regulations
and other significant changes in State 
firearm laws   
Table 12. Agencies conducting firearm
background checks  
Table 13. Notification procedures of State
agencies regarding denied persons subject 
to arrest      

State contacts for FIST Project         

State agency Internet sites     

Glossary and acronyms   

Introduction

This report is the seventh in a series of
Bureau of Justice Statistics (BJS) reports.
It describes laws, regulations, procedures,
and information systems related to sales
and other transfers of firearms that were in
effect as of June 30, 2002. Procedures
summarized in the survey are required by
the laws and regulations of the United States, 
the 50 States, and other jurisdictions.

History of the survey and related bulletins This 
national survey is produced by the BJS Firearm 
Inquiry Statistics (FIST) project, a component 
of the National Criminal History Improvement
Program (NCHIP). The FIST project was
established in 1995 to collect data that
describe 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, 
fifth, and sixth editions described procedures 
required by the permanent provisions of the Brady 
Act or State law for transfers of handguns and
other types of firearms. This edition incorporates 
recent changes in Federal and State procedures, and 
provides expanded coverage on topics related to
firearm sales.

Data collected and analyzed by the FIST project are 
also reported in BJS Bulletins. Five Bulletins 
reported counts of firearm transfer applications 
and denials for the Brady interim period. (A 
cumulative summary is presented in Presale Handgun
Checks, the Brady Interim Period, 1994-1998, June 
1999, NCJ 175034.) More recent Bulletins have 
summarized counts of firearm transfer applications 
and denials for the first 3 full years of the
permanent Brady Act provisions (for the most recent, 
see Background Checks for Firearm Transfers, 2001, 
September 2002, NCJ 195235).

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

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

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

To ensure the accuracy of the information as of 
June 30, 2002, a draft of each State's summary 
was sent to the agency designated by the State 
for review and comment. The final version of each
summary, as contained in this report, was reviewed 
and approved by the State contact. A complete list 
of the State contacts is included in the appendices. 

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

Background

Federal prohibitions  The Federal 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 United
States or admitted under a nonimmigrant
visa
*  was discharged from the armed forces
under dishonorable conditions
*  has renounced United States citizenship
*  is subject to a court order restraining him
or her from harassing, stalking, or threatening 
an intimate partner or child or 
*  has been convicted in any court of a
misdemeanor crime of domestic violence.

In addition, it is unlawful for a 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 for any person
to transfer a handgun to a juvenile (under
18), with limited exceptions (18 U.S.C.
922(b), (x)).

Brady interim system  In 1993, the Brady
Handgun Violence Prevention Act (Brady
Act) amended the Federal 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 a 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 5 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  
(NICS) 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 FBI 
operates the NICS.

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

Prospective transferees undergo a NICS check 
requested by a dealer or present a State permit 
that the Bureau of Alcohol, Tobacco, and Firearms 
(ATF) has qualified as an alternative to the point-
of-transfer check. Qualifying permits are those 
which --

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

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

A permit issued after November 30,1998, qualifies 
as an alternative only if the information available 
to the State authority includes the NICS. As of 
June 30, 2002, 21 States authorize purchase or 
carry permits that exempt 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. The ATF form and identification 
procedures were revised in October 2001 to require 
additional information about immigration or alien
status. 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.

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

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's program for
Internet access by dealers (known as "e-check") 
began operating on June 18, 2002, and computerized 
access is also available through some POC agencies.
The FBI or the POC checks available Federal and 
State data to determine whether a disqualifying 
record on the transferee exists. 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 3 business days, the 
transfer may proceed at the licensee's discretion
(known as a "default proceed").

The FBI has requested that POC agencies notify NICS 
when a transfer is denied. As of June 30, 2002, 10 
statewide POC agencies were able to provide denial
notifications to NICS.

A person who is prohibited from purchasing a firearm 
may request the reason for denial from the denying 
agency (FBI or POC), which has 5 business days to 
respond. The applicant may then submit information to 
correct the record on which the denial was based and 
may be required to contact the agency where the
record originated. As an alternative, the applicant's 
challenge to the record can be directed to the FBI, 
which will contact the denying agency or the source 
of the record.  Persons denied by a POC may also 
have appeal rights under State law.  

In addition to background checks 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. NICS denial 
information is electronically transmitted by the FBI 
on a daily basis to ATF's Brady Office, which screens 
the information 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. ATF gives priority to investigation of felons, 
domestic violence offenders, and other prohibited 
persons who attempt to obtain firearms. (See ATF
Accountability Report for 2001; for information on 
prosecutions, see Federal Firearm Offenders, 1992-98, 
June 2000, NCJ 180795.)

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

1) a POC requests a NICS check on all firearm 
transfers originating in the State;
2) a POC requests a NICS check on all handgun 
transfers; licensees in the State are required 
to contact the FBI for approval of long gun 
transfers; or
3) the State does not maintain a point of
contact; licensees are required to contact
the FBI for NICS checks on all firearm
transfers originating in the State.

As of June 30, 2002, handgun transfer checks are 
conducted by the FBI for 26 States and by POC 
agencies for 24 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. Since July 1, 
2001, changes in NICS participation occurred in 
Vermont and Arizona, where the FBI assumed
responsibility for all background checks.  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 either
access the NICS Index themselves or request a check 
by sending information (such as fingerprints)to the 
FBI.

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

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

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. In such cases
State law offers the opportunity to regain
firearm purchase 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
a crime punishable by incarceration for more 
than 1 year.  Although statutory definitions 
vary widely, legislation in 49 States prohibits 
firearm purchase or possession by at least some 
categories of felons. Some statutes disqualify 
all convicted felons from firearm possession.
Other statutes disqualify persons who committed 
specific felonies, which may be enumerated in the 
statute or categorized by terms such as "crimes 
of violence," "serious offenses," or "firearm 
offenses."  Many statutes extend purchase or
possession restrictions to persons convicted of 
a felony or a similar offense in other jurisdictions.  
Only Vermont lacks a statute that bars firearm 
possession by a convicted felon.

A criminal offender's ineligibility to possess
a firearm may be temporary.  Nearly all States 
allow firearm rights to be regained by a pardon 
or a restoration of civil rights, or by expungement 
or set aside of a conviction. (See Jurisdictional 
summaries.) Restoration of firearm rights may be
obtained 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.
Further, a State proceeding does not automatically 
restore rights under Federal law or in another 
State.  

In addition to restricting the rights of convicted 
felons, 12 States prohibit firearm purchase or 
possession by at least some persons who have been 
charged with a felony by indictment or other 
procedure. 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 (20 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.  Several State statutes
prohibit firearm purchase or possession by persons 
who have been convicted of a domestic violence 
misdemeanor. Other States include misdemeanors 
within disqualifying categories such as "crimes of
violence" or "firearm offenses." Requirements for 
misdemeanor offenders to regain firearm rights after 
a conviction are generally less stringent than those 
for felons. A few States disqualify persons who have 
been arrested for or charged with certain misdemeanors.

Fugitives (12 States) -- This category normally 
includes persons with outstanding felony warrants and 
may include all wanted persons. The 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.

Mentally ill (32 States) -- Although statutory 
definitions vary, persons prohibited under this 
category are most often defined as adjudicated 
mentally incompetent or involuntarily committed 
to a mental institution. The prohibition may
include persons who are found not guilty of a 
criminal offense by reason of insanity or determined
 mentally unfit to stand trial. A person subject to 
this prohibition may be able to regain State 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 (19 States)-- 
Persons prohibited under this category are usually 
subject to court orders intended to prevent domestic
violence. The applicable orders (with a variety of 
titles) commonly restrain the subject from contacting 
or harming a spouse, former spouse, child, domestic
partner, or other intimately related person. In a 
few States, the prohibition is in force if the order 
specifically bars the subject from possessing firearms. 
A statute may provide that the order becomes 
prohibitory when it is issued after a hearing with the
subject present (instead of ex parte) or entered into 
a law enforcement information network.  

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

Juvenile offenders (26 States) -- Statutes in this 
category prohibit persons who were adjudicated 
delinquent or committed an act as a juvenile that 
would have been a disqualifying offense if committed 
by an adult. A juvenile offender's access to all
firearms is restricted in 22 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.  

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 21 in 16 States, 19 in 1 
State, 18 in 28 States, 16 in 3 States, and 14 in 1 State. 
The minimum age for unrestricted purchase and 
possession of a long gun by a minor is 21 in 1 State, 
18 in 31 States, 16 in 4 States, 14 in 1 State, and 12 in
1 State. The laws provide for numerous
exceptions to prohibitions based solely upon age. 
Generally, possession of a firearm is permissible 
when a minor is engaged in educational or recreational
activities under the supervision of a parent,
guardian, or certified firearms instructor.  

Aliens (12 States) -- The Gun Control Act prohibits 
transfer of a firearm to a person who is in 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. (See 
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 eight other States, firearm purchase or possession 
by an illegal alien is prohibited.  A few States
may issue a temporary firearm possession permit to 
certain aliens.

Other restrictions -- Additional categories of 
prohibited persons are also 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 prohibit a "straw purchase," 
an attempt to buy a firearm on behalf of a known 
prohibited person. (See Jurisdictional summaries for
details.)

Between July 1, 2001, and June 30, 2002, 12 States 
enacted new legislation regarding prohibited persons. 
Six of the new enactments concerned domestic violence 
offenders.  Kentucky and New Hampshire laws now provide 
that a person protected by a domestic violence
restraining order is entitled to notice whenever the 
person subject to the order attempts to purchase a 
firearm. A new prohibition was added by a Texas
amendment that makes it an offense for a firearm to 
be possessed by a person who has been convicted of a 
domestic violence misdemeanor or served with a 
restraining order.

Types of firearms

A typical definition of a firearm is "any
weapon which will or is designed to or may
readily be converted to expel a projectile
by the action of an explosive."  (See
Maryland Code 27-441.) Firearms can
generally be divided into two major
categories: handguns and long guns. A
handgun is a weapon that can be held or
fired with one hand, such as a pistol or
revolver. A long gun is a weapon that
requires two hands to hold or fire, such as
a rifle or shotgun. (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
during their offense found that 83% of
State inmates and 87% of Federal inmates
possessed a handgun during the 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.

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. Most 
jurisdictions that regulate assault weapons 
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.  

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.

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. The quality of a
handgun's construction is determined by
its melting point or by technical standards
found in State codes.

The primary focus of this report is upon
regulation of transfers involving handguns,
long guns, and assault weapons
possessed lawfully before September 13,
1994, the effective date of the Federal
assault weapons ban (18 U.S.C. 922(v)).
Methods of regulating various types of
firearms are described in Regulated sales,
Permits, 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 to statutes are
included in the jurisdictional summaries
and in tables 3, 8, 9, and 10.)

Regulated sales

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

Statutes that require prospective
purchasers to obtain a permit or undergo a
background check usually allow
exemptions for certain types of persons or
transactions. Common exemptions are
those for purchases by law enforcement
officers, transfers of antique and replica
firearms, and gifts or loans of firearms
from parents or guardians to minor
children.

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

In addition to Federal requirements,
background checks of persons seeking
either to receive firearms from licensed
dealers or obtain permits required for
transfer are conducted in 29 States.  Of
these States, 18 regulate dealer transfers
of all types of firearms, 2 regulate dealer
transfers of handguns and assault
weapons, and 9 regulate only handgun
transfers by dealers.  Several States
regulate redemptions of pawned firearms
in the same manner as sales -- by
licensing pawnbrokers and requiring
background checks on redemptions. The
pawning of any firearm is prohibited in
New Jersey, while five other States ban
the pawning of handguns.

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

Gun shows  Seven States have statutes
that specifically 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 pistol or
revolvers or 50 or more firearms, rifles, or
shotguns in New York). Some laws also
define a gun show according to the
number of vendors who are exhibiting
firearms for transfer.

Gun show regulations affect organizers,
vendors, and purchasers. For example,
California requires a show organizer to
obtain a certificate of eligibility from the
California 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 back- ground checks. In Connecticut
and Oregon, any seller can contact the
State checking agency directly. Maryland
requires that unlicensed gun show sellers
obtain a temporary transfer permit from the
State, have a fixed display, and comply
with all restrictions imposed upon transfers
by licensed dealers. Virginia requires that
any person who sells firearms at a gun
show must submit to a background check
and obtain a seller identification number
from the State Police.

Residency rules  The Gun Control Act
generally prohibits interstate transfers of
firearms between unlicensed persons (18
U.S.C. 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.  (See 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. 
In 2002, the laws of Georgia were
amended to provide that its residents may
purchase long guns in any State, and a
resident of any State may purchase long
guns in Georgia.  Three States (Maryland,
Missouri, and Virginia) require fixed
periods of residency, ranging from 1 to 6
months, before a person can purchase
certain firearms. Residency rules are
intended to prevent nonresidents from
purchasing and reselling firearms that they
could not obtain in their home State.

Handgun purchase limits  There are no
Federal restrictions on the frequency of
firearm acquisition or on the quantity of
firearms that can be acquired.  However, a
handgun purchase limit of one per month
prevails in California, Maryland, South
Carolina, and Virginia.  These limits are
intended to deter persons who would
purchase large quantities of handguns for
resale to prohibited persons.

Permits

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

Twelve States administer purchase permit
systems that regulate sales of handguns.
Four of these States also require a permit
to purchase a long gun. In Minnesota,
purchasers of handguns and assault
weapons have the option of undergoing a
background check to obtain a 1-year
permit or submitting to a check each time
they attempt a purchase.

In addition to handgun and long gun
permits, four States require special permits
in order to purchase or possess certain
types of firearms (such as machine guns)
that are generally prohibited.

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
of permits ranges from 1 to 5 years.

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

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

Federal law does not mandate a permit to
purchase firearms. However, ATF-qualified 
State permits for purchase, carrying, or 
other activities can be used to exempt the 
holder from a NICS check at the point of sale.  
Some carry permits can be used to exempt the 
holder from a background check required by 
State law. As of June 30, 2002, 19 States 
issued carry permits that exempted the holder
from a check under the permanent Brady law or 
a State law or both. 

Certain permits issued before November
30, 1998 were "grandfathered" in as
exempt from the NICS check because they
were qualified by ATF under the interim
Brady law. Many of these grandfathered
permits have now expired. In addition, a
few States exempt certain permit holders
from waiting period requirements.

Concealed firearm permits usually
regulate the carrying of a handgun beyond
the holder's residence or business
premises. Some States allow a handgun to
be carried  openly, but most require a
permit holder to conceal the weapon.
Restrictions on permit holders vary
considerably in regard to the premises
where carrying is forbidden.  

States that issue carry permits are
generally categorized as having either a
"shall issue" or a "discretionary" system.  

The former system mandates issuance of
a permit if no statutory reason for denial is
revealed during a background check of the
applicant.  The latter system allows a law
enforcement officer to consider the
applicant's history, character, and intended
purpose for carrying a firearm.

As of June 30, 2002, carry permits are
required in 42 States; Vermont allows
carrying without a permit, and seven
States prohibit concealed firearms.  Nearly
all of the States that prohibit concealed
firearms are in the Midwest.  

Certain types of persons may be required
to obtain a permit in order to possess a
firearm. Hawaii, Massachusetts, and
Washington allow certain aliens to apply
for a permit to possess a firearm. In Rhode
Island, a person under 18 years of age
must have a permit to participate in legal
firearm activities.

Between July 1, 2001, and June 30, 2002,
permit laws in Connecticut and Michigan
were substantially revised.  A New Mexico
law that provided for concealed handgun
licenses was scheduled to take effect on
July 1, 2001; however, the law was
declared unconstitutional by the New
Mexico Supreme Court. See Baca v. New
Mexico Department of Public Safety, 132
N.M. 282, 47 P. 3d 441 (2002).

Approval systems

Over 3,000 State and local agencies are
required by law to determine the eligibility
of persons who attempt to receive a
transferred firearm. Systems for
determining the legal eligibility of
prospective purchasers can generally be
classified as "instant approval," "purchase
permit," or "other approval" systems. Carry
permits, which can be used for a transfer
in many States, have approval procedures
similar to those required for purchase
permits, and may have more stringent
requirements.

Instant approval (instant check) systems
allow licensed firearms dealers to contact
a checking agency by telephone or other
electronic means and receive a response
immediately, or as soon as possible
without delay, as to whether a prospective
purchaser is ineligible under law. In a few
States, an unlicensed seller can contact
the checking agency directly. In some
other States, unlicensed sellers are
required to request a check through a
licensed dealer or a law enforcement
agency.

Purchase permit systems require a
prospective firearm purchaser to file an
application with the appropriate checking
agency, which is given time to investigate
the applicant's background.  An approved
applicant must present the permit to a
seller in order to receive a firearm. (See
Permits.)

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

Instant approval systems include the FBI's
NICS operation (Background) and the
procedures of 16 States; 12 States utilize
purchase permits, and 4 States maintain
other approval systems. (Connecticut,
Illinois, and New Jersey are each counted
twice because these States operate permit
and instant approval systems.)

The instant approval systems allow a
firearm transfer to proceed as soon as the
checking agency informs the seller that no
disqualifying record was found on the
purchaser, unless the applicable State law
requires a waiting period.  Three of the
four other approval systems require a
waiting period after a firearm purchase
application is filed with a seller and before
the transfer can be completed, regardless
of when the checking agency completes
the background investigation. (See
Waiting periods.) A few purchase permit
systems mandate a waiting period after an
application is filed and before the permit
can be issued or a firearm acquired.

Almost all approval systems limit the time
allowed for a checking agency to conduct
a background investigation and reach a
decision on the applicant's eligibility, with
time limits imposed either by State statute
or application of the Brady Act's 3-day
limit. The time limit for an instant approval
system is usually 3 days or less, while
other approval systems allow 7 to 10 days. 
The time limits for checking on a purchase
permit application range from 2 days in
Nebraska to 180 days in New York. Most
purchase permit systems allow 7 to 30
days for a background check; some carry
permit statutes allow a longer period.  

Some statutes allow an extension of the
time available to complete a back- ground
check, if specific circumstances are
present. For example, if an applicant's
history includes a felony arrest without a
recorded disposition, the checking agency
may be granted additional time to contact
the agency that originated the record and
inquire about the outcome of charges
against the applicant. In a few States, the
checking agency is allowed more time to
investigate an applicant who resides in
another State.

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

Checking process

Development of the NICS has increased
the national uniformity of procedures used
to approve or disapprove firearm transfers.
However, approval systems established 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, back- ground
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. (See Federal summary for
contents.) 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. (See Jurisdictional
summaries.)

Depending on the type of approval system,
checking agencies receive applicant
information in person or by mail,
telephone, or the Internet. (See Approval
systems.) Under Federal law and the laws
of 25 States, making a false statement in
an attempt to obtain a firearm or a permit
may be grounds for denial of an
application, or subject the applicant to a
fine or incarceration. (See table 10 for a
list of statutes.)

The laws of 23 States allow a checking
agency to charge a fee for processing a
sale transaction or issuing a purchase
permit. Eight States do not charge a fee
for a point-of-sale background check.
Point-of-sale fees (usually collected by
dealers and remitted to the State) range
from $2 in Illinois, Pennsylvania, and
Virginia to $20 in California (for a single
handgun or any number of long guns, plus
$16 for each additional handgun
purchased). 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
$94 for a pistol permit in Connecticut.
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  Generally,
automated checking agencies conduct a
single background check that incorporates
Federal and State requirements for each
transaction. Checking agencies normally
access the FBI's National Crime
Information Center (NCIC), a set of
Federal databases with fugitive and other
prohibited person data, and the Interstate
Identification Index, a national system
which points to States with a criminal
history record on an individual. NICS point
of contact agencies also access the FBI's
NICS Index, which contains records on
prohibited persons compiled from other
Federal and State data sources.  

State records accessed for background
checks and used to identify prohibited
persons may be in a statewide database.
A State may also have a system for
identifying certain types of records within a
central database. Additional records may
be maintained by county courts or other
local agencies.

As of June 30, 2002, all States maintained
criminal history databases that recorded,
at a minimum, felony arrests and
dispositions. Statewide systems for
identifying fugitives from justice, court
restraining orders, and domestic violence
misdemeanor convictions exist in more
than two-thirds of the States. About a third
of the States maintained data on juvenile
offenders and persons who have been
adjudicated mentally ill or committed to a
mental institution. Since the implementation 
of the Brady Act in 1994, records of disqualifying 
factors other than felonies have become more 
widely accessible. (See Improving Criminal History 
Records for Background Checks, February 2002, 
NCJ 192928.)

Methods for accessing records vary
according to the type of prohibition
involved. Domestic violence misde-
meanor convictions are often identified by
the use of a "flag," an entry in a criminal
history record that denotes the conviction
as being the result of a domestic violence
incident. Restraining orders intended to
prevent domestic violence may also be
flagged within criminal history records.
Some States immediately transmit
restraining order records to the NCIC
Protection Order File, as an alternative to
maintaining their own database. A State
mental health department may keep
records of persons who have been
adjudicated mentally defective or
committed to a treatment facility.

The effectiveness of background checks is
affected by the type of record search
conducted (automated or manual) and by
the data available during each type of
search. The vast majority of record
searches are automated, but some types
of data, such as local mental health
records, tend to be maintained manually.
In addition, some mental illness data is
inaccessible because of State privacy
laws. The exhaustiveness of a check may
also be limited by missing arrest
dispositions and other instances of
incomplete records. The time an agency
needs to obtain complete information may
be lengthened if records on an applicant
are maintained in another jurisdiction. (For
information on the automation and
completeness of criminal history records
see Survey of State Criminal History
Information Systems, 1999, June 2000,
NCJ 184793.)

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

If a transaction is allowed to proceed, the
firearm dealer is given an approval
number to record on the forms filed by the
applicant. Federal and State procedures
vary as to the period of time for which the
approval remains valid (the period during
which the applicant must complete a
transaction by receiving a firearm from the
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 agencys response to the firearm
dealer. Some States apply the Brady Acts
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 a
disqualifying offense (regardless of
whether the disposition has been
recorded).

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 other law enforcement
agencies of denied persons who are
wanted for 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, attempting a purchase while
subject to a prohibition, or 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, 2001, November
2002, NCJ 195235).

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

A few States amended application
procedures between July 1, 2001, and
June 30, 2002. California increased check
fees for sales transactions, Connecticut
increased pistol permit fees, and Michigan
eliminated its fee for a license to purchase
a handgun. In addition, three States
modified requirements for information from
permit applicants.  

Several States have initiatives planned or
underway to improve access to records
used for background checks, including a
new criminal justice information system in
Hawaii. Among other initiatives are an
effort to electronically submit mental health
records to NICS and a new protection
order registry in Georgia. North Dakota is
flagging misdemeanor domestic violence
records and developing an automated
system for entering protection order data
and transmitting it to NCIC.

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.

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

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

Retention of records/registration

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

Requirements for maintaining or purging
transaction data vary among the States.
Retention of information on approved
firearm transactions is often limited by
Federal and State laws, because of
concern for the privacy of lawful firearm
owners. Some checking agencies purge a
transaction record almost immediately
after it is approved.  In contrast, retention
of information on denied transactions is
seldom limited, due to its usefulness for
judicial and law enforcement purposes.

Thirty States require a permit, point-of-
sale background check, or waiting period
before a firearm transfer can be
completed. Checking agencies in nearly
half of these States retain records of
approved transactions for less than 90
days, pursuant to statute or agency
regulations. In contrast, nearly all agencies
retain records of denied transactions
indefinitely or for a specific length of time
longer than 90 days.  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 approved
transaction may be retained for auditing
purposes for a longer period than other
data about the applicant. Retention of all
approved 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 approved
transactions in order to verify that a seller
waited the proper length of time before
transferring a firearm to the buyer.
Records of denied transactions are
retained to facilitate appeals, arrests, and
prosecutions, and to build databases on
prohibited persons.

Registration records, which normally
include information on a firearm and its
owner, facilitate tracing of firearms that are
resold illegally, used in a crime, or stolen.
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 table 10.) 

Appeals of denials

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

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

Most purchase permit statutes require the
checking agency to inform an applicant in
writing of the reason for a denial. With
instant approval systems, an applicant
usually is informed of a denial by the
dealer who requested the background
check. The applicant must then call or
write the checking agency to learn the
reason for the denial.  Statewide checking
agencies often have forms available to
initiate a request for reconsideration.
Some States impose a deadline on denied
applicants for filing the initial appeal.

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

Whether a checking agency is required by
law to approve, delay, or deny a person
with an incomplete record may affect the
number of appeals filed in a State. (See
Firearm rejection rates.) Existing data
indicates that the vast majority of disputed
firearm denials are resolved at the
administrative level, and are rarely
appealed to the courts. The paucity of
court appeals is not surprising because
most disputes turn upon the accuracy of
records, not upon an interpretation of the
law.

Firearm rejection rates

State and local checking agencies
received an estimated 3.7 million firearm
transfer applications during 2001; an
estimated 86,000 applications were
rejected, a rejection rate of 2.3% (FBI
checks are not included in these figures).
The predominant reason (58%) for
rejection of an application by a State or
local checking agency was the applicant's
indictment or conviction for a felony
offense. (See Background Checks for
Firearm Transfers, 2001, September 2002,
NCJ 195235.) The 2001 statistics included
applications for transfers, permits required
for transfers, and carry permits that could
be used to exempt the holder from a
point-of- transfer background check. This
national estimate combined actual counts
from statewide reporting agencies with an
estimate for aggregated local agencies.

The rejection rates among statewide
agencies for the various types of firearm
approval systems were estimated to be
2.9% for exempt carry permits, 2.5% for
instant approvals, 2.0% for purchase
permits, and 1.1% for other approval
systems. The rejection rates among local
agencies for the various types of firearm
approval systems were estimated to be
2.2% for exempt carry permits, 2.1% for
purchase permits, and 0.9% for other
approval systems (no local agencies
administer instant approval systems).

Statewide rates  The number of
applications received and rejected, and
rejection rates for statewide agencies
during 2001 are reproduced in table 1. 
Seventeen instant approval systems
exhibit the widest variation in rejection
rates, ranging from 0.3% (Connecticut and
New Jersey) to 4.6% (Colorado). 
Statewide rejection rates for purchase
permit applications are available from
Illinois (2.1%), and New Jersey (2.1%). 
Rejection rates for eight States that
reported exempt carry permit counts range
between 0.2% (North Dakota) and 5.8%
(Arizona). Complete state- wide data was
also reported by the "other approval"
system for California, with a rejection rate
of 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-making process for records with
missing arrest dispositions, and the extent
of automation of criminal histories and
other records. Additional research is
needed to determine the relationship
between each factor and the rejection
rates. Although the full impact of these
factors has not been quantified, a few
observations are possible from the limited
information available.

Among the lowest rates are those of New
Jersey (0.3%) and Illinois (0.8%), where
an instant check at the point of transfer is
the second step required for approval of
prospective firearm owners.  Before an
instant sale check can be conducted, 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 (2.1%)
and Illinois (2.1%), and are closer to the
national average than the rates for the
second step.

The highest rejection rates tend to occur in
States that implemented an instant
approval system on or after the effective
date of the Brady Act. These States
include Colorado (4.6%), Tennessee
(4.2%), and Georgia (4.1%).

In contrast, approval systems established
before passage of the Brady Act tend to
have lower rejection rates. These systems
include Virginia (1.4%) and Wisconsin
(1.4%), as well as several States
mentioned above: California, Connecticut,
Illinois, and New Jersey. 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 will tend
to be low if an approval is mandated and
high if a denial is mandated.

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

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 Firearm Inquiry Statistics
(FIST) project were grouped according to
the size of the community they served:
small (under 10,000 people), medium
(10,000 to 100,000), or large (over
100,000).

In 2001, rates varied among local
agencies by size of the population served
and type of permit.  For purchase permits,
rejection rates were highest in large
communities (2.33%) and lowest in small
communities (1.25%). No similar pattern
appeared for exempt carry permits,
although rejection rates were also highest
in large communities (2.49%). (See table
1a.)

Information included in the Federal and State
summaries

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

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

Restoration of rights.  Pardons, court procedures, 
or other means by which adult or juvenile offenders 
can regain the right to possess or purchase firearms.

Regulated sales.  The scope of firearm transfer 
restrictions such as background checks, permit and 
license requirements, residency rules, and handgun 
purchase limits. Includes types of transferors 
(licensed or unlicensed), firearms (such as handguns 
and long guns), and transactions (such as sale and 
redemption) regulated.

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

Background checks.  Procedures and requirements for
conducting criminal history and other checks on firearms
purchasers or permit applicants under Federal and State
laws, including time limits imposed on checking agencies.

Waiting period.  A period of time after a firearm purchase
application is filed with a seller or a permit application 
is filed with a law enforcement agency, which must expire
before transfer of the firearm or issuance of the permit 
can be completed.

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

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

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

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

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

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

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

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

2001/2002 legislation.  Significant changes in laws 
related to firearm sales that became effective between 
July 1, 2001, and June 30, 2002.

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

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

Federal system

Prohibited persons.  Federal law prohibits firearm
possession by or transfer to a person who is: under
indictment for or convicted of a crime punishable by
imprisonment for more than 1 year; a fugitive from justice;
an unlawful user of or addicted to any controlled substance;
adjudicated as a mental defective or committed to a mental
institution; an illegal alien or an alien admitted under a
nonimmigrant visa; dishonorably discharged from the
armed forces; a renounced U.S. citizen; restrained by court
order from harassing, stalking, or threatening an intimate
partner or child; or convicted in any court of a misdemeanor
crime of domestic violence. It is unlawful for a
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 can be
restored by a presidential pardon or by ATF; agency
decisions can 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 licensees business is located. An interstate
transfer of a handgun or long gun between unlicensed
persons is prohibited.

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

Background checks.  NICS checks are conducted by the
FBI and State point of contact (POC) agencies. The FBI
checks handgun and long gun buyers in 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.

Information from applicants.  The standard ATF form filed
with a licensee 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.

Purchaser fees.  NICS checks by the FBI are without
charge. State laws establish POC fees.

Federal data.  The three major Federal databases are the
Interstate Identification Index (III), containing 
pointers to State criminal histories; the National 
Crime Information Center (NCIC), containing fugitive, 
protection order, and deported felons data; and the 
NICS Index, containing denied person, dishonorable 
discharge, renunciation of citizenship, mental defective, 
drug abuser, and illegal alien data.

Check processing time.  Over 70% of the inquiries
conducted by the FBI in 2001 resulted in an immediate
proceed response.

Retention of records.  Information on applicants denied 
by the FBI is retained indefinitely. Most information on
transfers allowed by the FBI is not retained; certain 
items may be retained for auditing purposes for not more 
than 90 days.

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 can appeal to the denying agency (FBI
or POC), and may be required to contact the agency that
originated the disqualifying record. As an alternative, the
appellant can ask the FBI to review a POC denial. A further
appeal may be filed in Federal district court.

Arrests of denied persons.  The FBI notifies ATF of NICS
denials and persons who obtain a firearm by default
proceed but are subsequently determined to be prohibited.

2001/2002 legislation.  No significant changes.

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

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

Alabama

FBI conducts NICS checks

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

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

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.  Background checks on firearms
purchasers are not required by Alabama law. Residents 
of adjoining States may purchase long guns in Alabama
unless otherwise prohibited. No person shall make any
loan secured by a mortgage, deposit, or pledge of a
handgun. A State license is required for retail dealers 
of handguns.

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

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

Waiting period.  No State requirement.

Information from applicants.  No State requirement.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  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.

2001/2002 legislation.  No significant changes.

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

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

Alaska

FBI conducts NICS checks

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

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

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. 

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

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

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

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  None.

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

Check processing time.  No information is available..
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. 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  Alaska Department of Public
Safety.

Arizona

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 mentally 
ill by a court, convicted of a felony, adjudicated 
delinquent, imprisoned, or serving a term of probation, 
parole, community supervision, work furlough, home 
arrest, or release on any other basis because of a 
domestic violence or felony offense. It is illegal to 
knowingly transfer a firearm to a person who intends 
to use the firearm in the commission of any felony. A 
firearm cannot be transferred to or possessed by a minor 
under the age of 18 except in limited circumstances.

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

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 accordance with federal law).

Regulated sales.  State law does not require background
checks on persons who purchase 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 valid 
concealed weapon permit to be used for a purchase 
without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State requirements 
for purchase applicants.

Purchaser fees.  No State requirements.

State data.  Arizona maintains fully automated fugitive 
and criminal history (including probation/parole) data 
on a
statewide network.  Domestic violence misdemeanor
convictions and restraining orders are found in court 
and criminal history records. The courts report limited 
data on mental health commitments to DPS. Sex offender
registration and department of corrections data are also
available. The State is pursuing technical improvements 
to restraining order records.

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
and in electronic format 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 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.

2001/2002 legislation.  The statute that mandated
background checks by the Department of Public Safety on
persons who purchase firearms from licensed dealers was
repealed as of June 4, 2002.

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

Source of information.  Arizona Department of Public
Safety.

Arkansas

FBI conducts NICS checks

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

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

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
valid concealed handgun permit to be used for a purchase
without a NICS check, if the permit was issued prior to
November 30, 1998, or issued on or after April 1, 1999.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  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.  Not applicable.

2001/2002 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.

California

State requests NICS checks

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

Restoration of rights.  Firearm rights can be restored by 
a governor's pardon 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 not required to purchase firearms, 
but is required to possess a machine gun or an assault
weapon.  Carrying a concealed firearm requires a license.

Background checks.  The California Department of
Justice (DOJ) is a NICS point of contact and conducts 
all checks required by Federal and State law. Gun show
transfers and other private sales are processed through 
a licensed dealer or law enforcement agency. Dealers
contact DOJ by telephone or computerized "point-of-sale
device." A denial by DOJ based on a Federal prohibition
(except mental illness) is reported back to NICS.

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

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

Purchaser fees.  DOJ charges $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).

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

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

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

Registration.  Handguns are not registered, but the
automated files maintain a record of handgun transfers.
New residents must report handgun ownership within 60
days of moving to California. Assault weapons are
registered.

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

Arrests of denied persons.  In cases involving falsified
applications or outstanding warrants, DOJ informs the
agency with jurisdiction over the individual. Persons with
warrants cannot receive a firearm if a conviction would
disqualify them. In cases involving armed prohibited
persons, DOJ enforcement and local law enforcement
serve search warrants and arrest and prosecute such
persons who are found to be in possession of firearms.

2001/2002 legislation.  Amendments included an increase
in background check fees and the establishment of a
prohibited armed persons file.

Relevant laws.  California Penal Code 12000 et seq.

Source of information.  California Department of Justice.

Colorado

State requests NICS checks

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

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

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. A denial by CBI 
is not reported back to NICS.

Waiting period.  No State requirements.

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

Purchaser fees.  CBI does not charge a fee for an instant
check. A licensed dealer may charge a fee not to exceed
$10 for processing a gun show transaction.

State data.  Colorado maintains fully automated fugitive,
criminal history, probation/parole, and domestic abuse
restraining order/misdemeanor data on a statewide
network. In addition, CBI receives court records of 
persons who have been adjudicated as a juvenile 
delinquent. 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 in less than 3 minutes; transactions 
requiring additional research are processed in less 
than 1 day.

Retention of records.  CBI purges data from approved
transactions within 48 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.

2001/2002 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.

Connecticut

State requests NICS checks

Prohibited persons.  An eligibility certificate or pistol
permit for a handgun cannot be issued to a person who did
not complete a firearm safety course, or was convicted of 
a felony or any of 11 specified misdemeanors; convicted 
as delinquent for commission of 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; or is subject to a restraining, protective, or 
firearm seizure order, or is an illegal alien or under 
age 21. A firearm cannot be possessed by a person who 
was convicted of a felony or a serious juvenile offense, 
or is subject to a restraining, protective, or firearm 
seizure order.

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

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. Firearms dealers must have a
State license.

Permits.  An eligibility certificate or pistol permit is 
required to purchase a handgun. Both documents are valid 
for 5 years, 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). A denial by CSP based on 
Federal data is reported back to NICS.

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

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

Purchaser fees.  A fee of $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, domestic abuse restraining 
order/misdemeanor, mental health, and juvenile data. 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 retains denied purchase
applications for 5 years. A dealer must retain approved
purchase applications for the life of the business.

Registration.  Data on the sale, weapon, buyer, and 
seller are recorded on a registration form for a 
handgun or long gun. A certificate of possession is 
required for an assault weapon legally owned prior 
to October 1, 1993.

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

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

2001/2002 legislation.  Pistol permit procedures were
revised.  Persons subject to certain court orders are 
barred from firearm possession.  Such persons must 
obtain authorization from CSP to transfer their firearms 
to an eligible person, and provide CSP with proof of 
transfer within two business days.

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

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

Delaware

FBI conducts NICS checks
State conducts separate checks

Prohibited persons.  Delaware law prohibits purchase 
or possession of 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. A juvenile cannot possess a handgun without 
adult supervision. It is illegal to transfer a firearm 
to a child under 18 years of age (without parental 
consent), a person who intends to commit certain crimes, 
or a prohibited person. A handgun cannot be sold to a 
person under the age of 21 or to an intoxicated person.

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

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 handgun, rifle, and shotgun 
checks required by the Brady Act.

Waiting period.  No State requirements.

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

Purchaser fees.  DSP does not charge a fee for an 
instant check. A dealer may charge a fee not to exceed 
$20 per criminal history check to process a private 
sale.

State data. Delaware maintains fully automated fugitive,
criminal history, probation/parole, juvenile, mental 
health, and domestic violence restraining order/
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
courts 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.

2001/2002 legislation.  Amendments included a provision
that a concealed handgun permit applicant or licensee who
is adversely affected by a decision of the superior court
may appeal within 30 days to the State supreme court.

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

Source of information.  Delaware State Police.

Florida

State requests NICS checks

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

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

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 can 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. A denial by FDLE is not reported back to NICS.

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

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

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

State data.  Florida maintains fugitive, criminal history,
domestic violence misdemeanor/restraining order, juvenile,
and probation/parole data. The State is pursuing technical
improvements that will allow access to mental illness data.

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

Retention of records.  Information on an approved
transaction is destroyed by FDLE within 2 days after 
the response to a licensee's request for a check. 
Information on denied transactions is retained for 1 
year on paper and indefinitely in electronic format.

Registration.  No State requirements.

Appeals of denials.  A person who is denied a firearm may
request a criminal history record review after submitting
fingerprints to FDLE.

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

2001/2002 legislation.  No significant changes.

Relevant laws.  Florida Statutes 790.001 et seq.

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

Georgia

State requests NICS checks

Prohibited persons.  State law prohibits possession of a
firearm by a person who is on probation as a first offender
or has been convicted of a felony in Georgia or elsewhere. 
A person under the age of 18 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.

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

Background checks.  The Georgia Bureau of Investigation
(GBI) is a point of contact for the NICS and conducts
checks required by Federal and State law. Holders of
concealed handgun permits issued by county probate
courts are exempt from sale checks under ATF and State
rules. Licensed dealers request instant checks by using 
a 1-800 number. The GBI is allowed 3 days to complete a
check. The time allowed can be extended if the applicant's
criminal history record is not immediately available (no
extension limit is provided in the statute). A denial by 
GBI is reported back to NICS.

Waiting period.  No State requirements.

Information from applicants.  Georgia's consent form
requires the purchaser's name, gender, race, and date 
of birth, plus a Social Security or other identification 
number (a Social Security number is voluntary, but is 
used as a means of identification and as a search 
parameter).

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

State data.  The State maintains fully automated fugitive,
criminal history, probation and parole, mental health, and
domestic violence misdemeanor data. A State protection
order registry was updated in July 2002.

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

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

2001/2002 legislation.  An amendment provided that
residents of Georgia may purchase rifles and shotguns in
any State and a resident of any State may purchase rifles
and shotguns in Georgia.

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

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

Hawaii

State requests NICS checks

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

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

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.

Information from applicants.  The Hawaii permit
application requests the following: name, previous name,
home address, business address, occupation, race,
gender, height, weight, date and place of birth, hair 
and eye color, Social Security number, and mental health 
history. Fingerprinting and photographing of first-time 
applicants is required; thereafter, only a yearly 
photograph is taken (or whenever the applicant renews a 
permit to acquire).  

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

State data.  Hawaii maintains an automated control
repository which includes criminal history and domestic
violence misdemeanor data. A database for the State
mental health facility is queried and files are manually
reviewed for names with a positive hit. Restraining order
data are available from court and police record systems. 
The State is implementing a new criminal justice
information system that will include access to flagged
restraining order records.

Check processing time.  No statewide information is
available.

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

Registration.  All firearms acquired in Hawaii or brought
into the State are required to be registered, except for
certain antique or inoperable devices.

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

Arrests of denied persons.  No information is available.

2001/2002 legislation.  No significant changes.

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

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

Idaho

FBI conducts NICS checks

Prohibited persons.  Idaho law does not allow persons
convicted of certain felonies to ship, transport, possess, 
or receive firearms. It is unlawful for persons who were 
previously convicted of these felonies (or comparable
offenses in other U.S. jurisdictions) to purchase, own,
possess, or have custody or control of any firearm. A
firearm cannot be sold to or possessed by a minor under
the age of 18 without the consent of a parent or guardian.

Restoration of rights.  Some 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
valid permit to be used for a purchase without a NICS
check.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  None.

State data.  Idaho maintains fully automated fugitive 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 can 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  Idaho State Police.

Illinois

State requests NICS checks

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

Restoration of rights.  A felon may regain firearm rights 
if relief from an Illinois conviction is granted. A person 
who committed a forcible felony must complete the sentence
and 20 years without additional violations before applying
to the 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 or a
short-barreled rifle or shotgun.

Regulated sales.  Background checks are required on
permit applicants and persons who purchase or redeem
firearms from licensed dealers. All buyers must display 
a valid FOID card.  A private seller is not required 
to request a check but must retain transaction records 
for 10 years. Long guns may be purchased in Illinois by 
residents of adjacent States and other nonresidents who 
meet certain requirements.

Permits.  Illinois requires residents to possess a valid 
FOID card to purchase firearms or ammunition.  The card 
is valid for 5 years, with no limit on the number of 
firearms purchased.  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 1-800 number to request checks. A denial by
ISP is not reported back to NICS.

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

Information from applicants.  A FOID card application
includes the name, address, date of birth, race, gender,
height, weight, eye color, hair color, driver's license 
or state identification card number, recent picture, and
answers to specific questions regarding eligibility factors.
An FTIP transaction requires the dealer and FOID card
numbers.

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

State data.  A statewide network contains automated data
on fugitives, criminal history, and convictions. Other files
cover mental health, juveniles, and domestic violence
orders and convictions. An effort to improve reporting of
mental illness prohibitions is underway.

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

Retention of records.  Data on approved FTIP
transactions from 1-800 calls are retained for 3 
months; data on denied transactions are retained 
indefinitely. FOID card applications are retained on 
microform and FOID denial data are kept for 10 years.

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

Appeals of denials.  A denial or revocation of a FOID 
card can be appealed to the director of State Police, 
and further to circuit court (denials for certain reasons 
can only be appealed to circuit court). A purchase denial 
can be appealed to the FTIP unit.

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

2001/2002 legislation.  FOID card procedures were
amended and a project has been established to increase
federal prosecutions of firearm offenders.

Relevant laws.  Compiled Statutes 430:65/0.01 et seq;
720:5/24-1 et seq; 725:5/112A-14.5.

Source of information.  Illinois State Police.

Indiana

FBI conducts long gun NICS checks
State requests handgun NICS checks

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

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

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 (carrying), hunting, and target shooting.

Background checks.  Licensed dealers in Indiana contact
the FBI for checks on persons purchasing or redeeming
long guns. The Indiana State Police (ISP) is a partial 
point of contact for the NICS and conducts telephone 
instant checks on handgun purchasers. After receiving a 
dealer's request for a check, ISP, under Indiana law, 
has until the end of the next business day to advise of 
a prohibition. A denial by ISP is reported back to NICS.  
ATF and State rules allow personal protection, hunting, 
and target licenses issued by ISP to be used for purchases 
in lieu of the NICS check.

Waiting period.  No State requirements.

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

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

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

Check processing time.  No information is available.

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

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

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

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

2001/2002 legislation.  No significant changes.

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

Source of information.  Indiana State Police.

Iowa

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  Applicants for permits to acquire
pistols and revolvers must meet all Federal requirements
for possessing firearms. Additionally, Iowa law prohibits
issuing a permit to a person who is less than 21 years of
age, has been convicted of a felony, is addicted to the use
of alcohol or a controlled substance, has a history of
repeated acts of violence, has been convicted of certain
misdemeanor crimes of assault, or has been adjudged
mentally incompetent. A person who is convicted of a
felony 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. A resident of an adjacent State may purchase a
long gun from a licensed dealer in Iowa unless otherwise
prohibited.

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

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

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

Information from applicants.  An applicant for a permit to
acquire must provide the following: name, driver's license
or nonoperator's identification card number, address, date
of birth, application date, and a driver's license or
nonoperator's identification card with a color photograph.

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, and domestic abuse protective
order/misdemeanor data on a statewide network. Checking
agencies also have access to some probation, parole, and
juvenile data. 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.

2001/2002 legislation.  No significant changes.

Relevant laws.  Iowa Code 702.7; 724.1 et seq.

Source of information.  Iowa Department of Public Safety.

Kansas

FBI conducts NICS checks

Prohibited persons.  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.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

State data.  Kansas maintains criminal history, juvenile
offender, and offender registration data on the statewide
computer network. Domestic violence misdemeanor
convictions can be identified within criminal history by
statute citation. Restraining orders are available as hot 
files over Kansas NLETS.

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.

2001/2002 legislation.  No significant changes.

Relevant laws.  Kansas Statutes 21-4201 et seq.

Source of information.  Kansas Bureau of Investigation.

Kentucky

FBI conducts NICS checks

Prohibited persons.  Kentucky law prohibits the
possession, manufacture, or transport of a firearm by 
a person who has been convicted of a felony in any 
State or Federal court, and by any youthful offender 
convicted of a felony offense under the laws of Kentucky. 
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 in certain circumstances to 
provide a handgun to a person under the age of 18.

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

Prohibited firearms.  None.

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

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

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

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

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

Arrests of denied persons.  When a person subject to a
restraining order attempts to buy a firearm in violation 
of federal law, the agency receiving notice of the attempt 
must notify the court and law enforcement agencies with
jurisdiction over the case.

2001/2002 legislation.  Upon notice that a prohibited
person has purchased or attempted to purchase a firearm,
the Justice Cabinet shall make a reasonable effort to notify
the petitioner of a domestic violence order that such a
purchase or attempt was made.

Relevant laws.  Kentucky Revised Statutes 237.030 et
seq; 431.064; 527.010 et seq.

Source of information.  Kentucky State Police.

Louisiana

FBI conducts NICS checks

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

Restoration of rights.  A convicted felon's right to possess
a firearm can be restored in Louisiana through a governor's
pardon or by 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.  No permit is needed to purchase firearms. 
A permit is required to carry a concealed handgun.

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

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  Machine guns, firearms with obliterated
serial numbers, short barrel rifles and shotguns, and 
certain modified firearms are required to be registered.

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

Arrests of denied persons.  Not applicable.

2001/2002 legislation.  No significant changes.

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

Source of information.  Louisiana State Police.

Maine 

FBI conducts NICS checks

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

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

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 
weapon. An offender whose rights have been restored may 
be issued a possession permit but cannot carry a concealed
firearm.

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.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

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

Arrests of denied persons.  Not applicable.

2001/2002 legislation.  No significant changes.

Relevant laws.  Maine Revised Statutes 15.393; 13A.554;
25.2001 et seq.

Source of information.  Maine State Police.

Maryland

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  A "regulated firearm" (handgun or
assault weapon) cannot be transferred to or possessed by
a person who is convicted of a crime of violence, a felony,
or any common law offense or misdemeanor that carries
more than a 2-year term of imprisonment; a fugitive; a
habitual drunkard; addicted to a controlled substance;
mentally disordered as defined in State law; under 21 
years of age; less than 30 years of age and was adjudicated
delinquent; or subject to a protective order. In addition, 
it is illegal to transfer a regulated firearm to a 
person who is visibly under the influence of alcohol 
or drugs or a participant in a straw purchase. A 
regulated firearms buyer is required to complete a 
safety training course. A person under the age of 18 
cannot purchase a long gun.

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

Prohibited firearms. It is illegal, with limited exceptions, 
to possess or transfer an assault pistol on or after July 1,
1994, 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. A denial by MP
is not reported back to NICS. 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
filed, regardless of when a check is completed.

Information from applicants.  A regulated firearm
application requires the buyer's name, address, race,
gender, height, weight, hair and eye color, date and place
of birth, driver's identification number, occupation, 
and date of application, plus the weapon caliber, make, 
model, and serial number. A Social Security number is 
optional.

Purchaser fees.  A $10 application fee is required.

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

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

Retention of records.  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 June 1, 1994) 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 Investigation Unit.

2001/2002 legislation.  A regulated firearms buyer who
applied after January 1, 2002, is required to complete a
certified safety training course.

Relevant laws.  Code of Maryland, Article 27, sections 36
et seq., 372 et seq., 441 et seq., 481A et seq.

Source of information.  Maryland State Police Firearms
Enforcement Division.

Massachusetts

FBI conducts NICS checks 
State conducts separate check

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 who is mentally ill, 
a drug or alcohol addict, under age, subject to a protection
order, or a wanted 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.
Temporary licenses and permits may be issued to
non-residents and aliens, with certain restrictions.

Restoration of rights.  A person who committed a
disqualifying adult or juvenile offense (except for certain
offenses) can regain the right to possess a rifle or shotgun
5 years after completion of a sentence or adjudication
without new violations. This right must be fully restored 
in any jurisdiction where an adjudication or a 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, unless
otherwise prohibited, possession of rifles, shotguns,
ammunition, and chemical mace or similar substances.
Certain firearm purchases require a permit that is valid 
for 10 days.

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

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

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

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

Check processing time.  No 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.

2001/2002 legislation.  No significant changes.

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

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

Michigan

FBI conducts long gun NICS checks 
State requests handgun NICS checks

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

Restoration of rights.  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 these procedures.

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.  Michigan requires a license, which is valid for 
10 days, 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. Larger agencies generally have their own 
automated inquiry system, while other agencies use the 
statewide system to check on license applicants. 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.

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

Purchaser fees.  None.

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

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

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

Registration.  Michigan requires registration of handguns.

Appeals of denials.  A person denied a handgun 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.

2001/2002 legislation.  A respondent to a protection order
must be served or have notice before being prohibited from
obtaining a pistol or concealed weapon license. The
section that allowed a fee of not more than $5 for a
handgun purchase license was repealed. Amendments to
the concealed handgun license statutes included revised
background check and appeal procedures.

Relevant laws.  Michigan Compiled Laws 28.421 et seq;
123.1101 et seq; 750.222 et seq.

Source of information.  Michigan State Police.

Minnesota

FBI conducts NICS checks 
State conducts separate checks

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

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

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.  State law requires a check on all
persons who attempt to obtain a permit or purchase a
handgun or assault weapon from a licensed dealer.
Residents of contiguous States may purchase long guns in
Minnesota unless otherwise prohibited.

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

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

Waiting period.  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 can be waived by
the checking agency because of a threat to the life of the
transferee or a member of the transferee's household.

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

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

State data.  A statewide network maintains automated
criminal history, fugitive, juvenile, and domestic restraining
order data. Mental health and chemical dependency files
are manual. Automation of mental health and domestic
misdemeanor data are underway.

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

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

Registration.  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.

2001/2002 legislation.  Chiefs of police and sheriffs are
now required to report specified carry permit data to the
Bureau of Criminal Apprehension.

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

Source of information.  Minnesota Department of Public
Safety.

Mississippi

FBI conducts NICS checks 

Prohibited persons.  Mississippi law makes it unlawful to
sell, give, or lend a firearm to a person whom the transferor
knows to be a minor under 18 years of age, or intoxicated. 
A person convicted of a felony under the laws of
Mississippi, any other State, or the United States cannot
possess any firearm. It is an act of delinquency for a person
under the age of 18 years to knowingly possess a handgun,
except in limited circumstances.

Restoration of rights.  A convicted felon's right to possess
a firearm can be restored by a governor's pardon, Federal
relief, or a certificate of rehabilitation from the 
court of conviction.

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 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 NICS 
check.

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

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  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 can 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.

2001/2002 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.)

Missouri

FBI conducts NICS checks 
State conducts separate checks

Prohibited persons.  Missouri law requires that an
applicant for a permit to acquire a handgun be at least 
21 years of age, a U.S. citizen, and a State resident 
for at least 6 months. A permit cannot be issued to a 
person who has pled guilty to or been convicted of a 
felony or misdemeanor as specified in State law; is a 
fugitive from justice or someone charged with a specified 
crime; has been dishonorably discharged from U.S. armed 
forces; is publicly known to be habitually intoxicated 
or drugged; is currently adjudged mentally incompetent; 
has been committed to a mental health facility; or has 
rendered a false statement on the application. It is 
unlawful to recklessly transfer a firearm to a person 
less than 18 years old (without consent of the
child's parent or guardian) or to a person who is
intoxicated.  It is unlawful to receive a handgun without
obtaining a valid permit or to deliver a handgun to a 
person without a valid permit.

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

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 which 
is valid for 30 days and can be used to purchase one
handgun. State law does not provide for concealed 
firearm permits.

Background checks.  One-hundred fourteen county
sheriffs and the St. Louis County Police Department
conduct background checks on applicants for permits to
acquire handguns. A permit shall be issued or denied
within 7 business days. The State is not a point of 
contact for the NICS.  Licensed firearms dealers in 
Missouri contact the FBI for all checks required by 
the Brady Act.

Waiting period.  No State requirements.

Information from applicants.  A permit applicant must
provide the following: name, residence and business
addresses, height, hair and eye color, date of birth, 
Social Security number, occupation, reason for desiring 
a permit, statement of compliance with statutory 
requirements, and date of application. The person who 
receives the permit from the applicant shall return it 
to the sheriff with a description of the handgun obtained, 
including the make, model, and serial number.

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

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

Appeals of denials. A person who is denied a permit 
may appeal to small claims court.

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

2001/2002 legislation.  No significant changes.

Relevant laws.  Missouri Revised Statutes 407.500,
407.505; 571.010 et seq.

Source of information.  Missouri State Highway Patrol.

Montana

FBI conducts NICS checks

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

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

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

Background checks.  The State is not a point of contact
for the NICS. Licensed 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 
valid permit to be used for a purchase in lieu of a 
NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

State data.  Montana maintains fully automated fugitive
and criminal history data on a statewide network. Since
April 2001, all Montana domestic violence restraining
orders have been immediately 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. A denial of a
concealed weapon permit may be appealed to Montana
district court.

Arrests of denied persons.  Persons denied a concealed
weapon permit are arrested in some cases.

2001/2002 legislation.  No significant changes.

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

Source of information.  Montana Department of Justice.

Nebraska

FBI conducts long gun NICS checks 
State requests handgun NICS checks

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

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

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.

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

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

State data.  Nebraska maintains a statewide network with
automated data on fugitives, criminal history, domestic
violence restraining orders, probation/parole, and mental
health commitments without a discharge in the last 5 years. 
Some domestic violence misdemeanor convictions can be
identified from court or criminal history records.

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

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

Registration.  No State requirements.

Appeals of denials.  A denial or revocation of a handgun
transfer certificate can be appealed to the county court.

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

2001/2002 legislation.  No significant changes.

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

Source of information.  Nebraska State Patrol.

Nevada

State requests NICS checks

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

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

Prohibited firearms.  It is illegal to knowingly or 
willfully possess, manufacture, or dispose of a short-
barreled rifle or shotgun, or to possess or use a 
machine gun.

Regulated sales.  Pursuant to an executive order of the
governor, Nevada enforces the Brady Act's requirement 
of background checks on firearm transfers by licensed
dealers.  State law gives unlicensed sellers the option 
of requesting a check on a purchaser from the Nevada
Point-Of-Sale Firearms Program.  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.  
A denial by NHP is reported back to NICS. In addition, 
NHP conducts checks requested by unlicensed sellers, 
which must be completed within 5 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.

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

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

State data.  Nevada maintains fully automated fugitive,
criminal history, and domestic violence misdemeanor data,
and a protective order registry on a statewide network. 
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.  Information from approved
transactions is retained for a maximum period of 20 
days. Information from denied transactions is retained 
indefinitely.

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

Appeals of denials.  A person who is denied a firearm may
request reconsideration from NHP, and appeal further to
the Hearings Office of the Department of Motor Vehicles
and Public Safety.  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, the
NHP notifies the agency with jurisdiction over the site 
of the transaction.

2001/2002 legislation.  No significant changes.

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

Source of information.  Nevada Highway Patrol.

New Hampshire

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  A firearm cannot be 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. A 
denial by DOS is reported back to NICS. In addition, 
licensed dealers in New Hampshire contact the FBI for 
checks on persons who purchase or redeem long guns.

Waiting period.  No State requirements.

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

Purchaser fees.  None.

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

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

Retention of records.  State law requires destruction of
information on approved transactions within 24 hours 
after approval (except for request dates and approval 
numbers, 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
can appeal to that agency, and further to superior court.

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

2001/2002 legislation.  Two amendments provide that a
convicted felon who attempts to purchase a firearm is 
guilty of a class B felony and that a plaintiff with a 
protective order must be notified of a failed attempt 
by a defendant to buy a firearm.

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

Source of information.  New Hampshire State Police.

New Jersey

State conducts NICS checks
State conducts separate checks

Prohibited persons.  A handgun permit or firearm
identification card cannot be issued to a person who 
is convicted of a crime, drug dependent, confined for 
a mental disorder, a habitual drunkard, physically unable 
to handle firearms, found to have submitted false 
information, under age 18 (for an identification card) 
or 21 (for a permit), barred from firearm possession by 
court order, or adjudicated delinquent for a firearm 
offense. Issuance of a permit must not contravene the 
interest of public health, safety, or welfare.

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

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 require for unlimited long gun 
purchases. A permit is required to carry a handgun. A 
license issued by the superior court is required to 
purchase or possess an assault weapon.

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

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

Information from applicants.  Identification card and
permit applications require a person's name, residence,
place of business, age, date of birth, occupation, gender,
physical description, citizenship, two references, and
responses to firearms disability questions.  First-time
applicants must submit fingerprints.

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

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

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

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

Registration.  Handguns and assault weapons are
registered.

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

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

2001/2002 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.

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 ten 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. 
State law does not provide for concealed firearm permits.

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.

Information from applicants.  No State requirements.

Purchaser fees.  None.

State data.  New Mexico maintains criminal history,
domestic violence misdemeanor, and juvenile data on a
statewide network. These files are approximately 60%
automated and 40% manual, with search requests made by
teletype to the Department of Public Safety.

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

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

Arrests of denied persons.  Not applicable.

2001/2002 legislation.  The statute that makes it unlawful
for a felon to receive, transport, or possess any firearm was
amended to revise the definition of "felon." A new article
provided for concealed handgun licenses, effective July 1,
2001; however, the law was held unconstitutional by the
New Mexico Supreme Court.

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

Source of information.  New Mexico Department of Public
Safety.

New York

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  New York law prohibits issuing a
license to carry or possess a handgun to any person who is
under 21, 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.

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

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

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

Check processing time.  No statewide data available.

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

Registration.  Handguns are registered in New York.

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

Arrests of denied persons.  Persons denied a license are
arrested in some cases.

2001/2002 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.

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.

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

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

State data.  North Carolina maintains fully automated
fugitive, criminal history, probation/parole, domestic
violence 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.  Mental health records are accessed manually by
checking agencies.

Check processing time.  No statewide information is
available.

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

Registration.  No State requirements.

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

Arrests of denied persons.  No information is available.

2001/2002 legislation.  No significant changes.

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

Source of information.  North Carolina State Bureau of
Investigation; North Carolina Department of Justice.

North Dakota

FBI conducts NICS checks

Prohibited persons.  North Dakota law prohibits
ownership, possession, or control of a firearm for a period
of 10 years by a person who has been convicted anywhere
of a felony involving violence or intimidation, or for a period
of 5 years by a person convicted of any other felony or a
misdemeanor involving violence or intimidation committed
while using a firearm or dangerous weapon. A person who
was diagnosed and confined or committed to a hospital or
institution in North Dakota or elsewhere as mentally ill or
mentally deficient is prohibited from purchasing,
possessing, or controlling a firearm except when the person
has not suffered from the disability for the previous three
years. It is illegal 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
conducts background checks on applicants for concealed
weapon licenses. ATF allows a valid license to be used for
a purchase without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  None.

State data.  North Dakota maintains partially automated
fugitive and criminal history data on a statewide network.
Court protection order data are also available. In 2003,
criminal history records will be flagged to identify
misdemeanor domestic violence offenses and a new
automated protection order system will 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 indefinitely.

Registration.  No State requirements.

Appeals of denials.  A person who is denied a firearm by
the FBI can 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  North Dakota Bureau of Criminal
Investigation.

Ohio

FBI conducts NICS checks

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

Restoration of rights.  A person convicted of or
adjudicated delinquent for a felony offense of violence or a
drug offense can have firearm rights restored by a court of
common pleas if the person has been law abiding since
completion of the sentence or adjudication, and is not
otherwise prohibited.

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.
Ohio law does not provide for concealed firearm permits. 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 dealers in Ohio contact the FBI 
for all checks required by the Brady Act.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

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

Arrests of denied persons.  Not applicable.

2001/2002 legislation.  An amendment revised the penalty
for underage purchase of a firearm.

Relevant laws.  Ohio Revised Code 2923.11 et seq.

Source of information.  Ohio Bureau of Criminal
Identification.

Oklahoma

FBI conducts NICS checks

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

Information from applicants.  No State requirements.

Purchaser fees.  None.

State data.  Oklahoma maintains fully automated criminal
history data on a statewide network. Domestic violence
misdemeanors may be identified in court or criminal history
records by the title of the charging offense. Restraining
orders may be found in court records or entered by a
sheriffs office into the FBIs national file. The State is
currently flagging domestic offense records and increasing
automation of court records and restraining order reporting. 
Involuntary commitment records are searched during a
check on an applicant for a concealed handgun license.

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.

2001/2002 legislation.  The category of youthful offender
has been added to persons prohibited from possessing a
firearm.

Relevant laws.  Oklahoma Statutes 21-1271.1 et seq.

Source of information.  Oklahoma State Bureau of
Investigation.

Oregon

State requests NICS checks

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

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

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 but does require a license to carry a concealed
weapon.

Background checks.  The Oregon State Police Firearms
Unit is a point of contact for the NICS and conducts all
checks required by Federal and State law. Licensed
dealers call a 1-800 number for the Firearms Unit.
Unlicensed sellers can call the 1-800 number or complete 
a transfer through a dealer. Queries are processed on the
purchaser and the weapon being sold; the caller is given 
a transaction number for an approval or informed that the
applicant is denied. An approval number is valid for 24
hours on a private sale or 30 days on a dealer transfer. A
denial by the Firearms Unit is not reported back to NICS.

Waiting period.  No State requirements.

Information from applicants.  A purchase from a licensed
dealer requires submission of the standard ATF form and a
State Police thumbprint form. If the transferor is not a
dealer, the prospective buyer must provide name, date of
birth, race, gender, address, and the type, issuer, and
number of a current photo identification. A buyer may
voluntarily provide a Social Security number.
Purchaser fees.  A fee of $9 is charged for a background
check by the Firearms Unit.

State data.  Oregon maintains criminal history, fugitive,
stolen gun, domestic violence restraining order, juvenile,
and mental health data on a statewide computer network. 
Sources for identifying domestic violence misdemeanor
convictions include court and criminal history records.

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.

2001/2002 legislation.  The crime of assaulting a public
safety officer was raised to a felony offense and removed
from the list of misdemeanors that disqualify a person from
receiving a firearm. 

Relevant laws.  Oregon Revised Statutes 166.410 et seq.

Source of information.  Oregon State Police.  

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). Pennsylvania criminal history 
records that are prohibiting under Federal law include all 
convictions for a felony, a misdemeanor 1, or an ungraded 
misdemeanor for which a person could have been sentenced to 
more than 2 years in prison.

Restoration of rights.  A prohibited person may apply for
relief if 10 years (not including incarceration time) have
elapsed since the most recent prohibiting conviction prior 
to applying to the county court, or if the person received 
a full pardon by the governor or Federal firearm disability 
relief. 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.

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 firearms from a
State-licensed dealer or an unlicensed individual. Checks
are required to be conducted at a dealers place of
business, from a gun show, or through a county sheriff.
Handguns cannot be pawned.

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

Background checks.  The Pennsylvania State Police
(PSP) is a 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, 60% 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. A denial by PSP is not reported back to NICS.

Waiting period.  No State requirements.

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

Purchaser fees.  State law requires a fee of $2 for each
background check 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. A research/denial challenge database
contains updated records to eliminate duplicate research
on future transactions. Currently, a conviction determined
to be domestic violence related is flagged; record upgrades
will incorporate flagging routines.

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

Retention of records.  Information on the subject of a
background check is not retained by PICS upon approval of
a transaction. PICS retains records on denied persons for 
6 months on paper (3 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 Legal Assistance 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  Pennsylvania State Police.

Rhode Island

FBI conducts NICS checks
State conducts separate checks

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

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

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 background checks
on persons who receive firearms from licensed dealers and
unlicensed individuals. Any citizen of the United States 
may purchase a long gun in Rhode Island unless otherwise
prohibited.

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

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

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

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

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

State data.  Rhode Island maintains automated fugitive,
criminal history, probation/parole, and domestic violence
restraining order/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 can appeal under Federal law.

Arrests of denied persons.  No information is available.

2001/2002 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.

South Carolina

FBI conducts NICS checks 

Prohibited persons.  South Carolina law prohibits
handgun sales to or possession by any person who is
convicted of a crime of violence in any U.S. jurisdiction; 
a fugitive from justice; a habitual drunkard or drug 
addict; adjudicated mentally incompetent; a member of a
subversive organization; under 21 years of age (with 
limited exceptions); or adjudged unfit to carry or 
possess a pistol.

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

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 of handguns.  State law requires a
background check on handgun purchasers. Retail dealers
of handguns must have a State license. A person who buys
a handgun from a licensed dealer must be a South Carolina
resident.  Handgun purchases are limited to one in each
30-day period. A resident of any State may purchase a long
gun in South Carolina unless otherwise prohibited.

Permits.  No permit is required to purchase firearms. 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
call 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.

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

Purchaser fees.  No State requirements. State data.  South 
Carolina maintains fully automated fugitive, criminal history, 
domestic violence misdemeanor/restraining order, and juvenile 
data on a statewide network.  In addition, SLED maintains a 
"30-day, one handgun purchase" file.

Check processing time.  Not applicable.

Retention of records.  SLED retains a copy of every
handgun purchase application filed with a State-licensed
dealer.  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 can appeal under Federal law.  A person who is
denied a concealed handgun permit may appeal to the
Chief of SLED and further to an adminstrative law judge.

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

2001/2002 legislation.  The concealable weapon permit
statute was amended to modify photograph, fingerprint, and
residency requirements for initial and renewed applications.

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

Source of information.  South Carolina Law Enforcement
Division.

South Dakota

FBI conducts NICS checks

Prohibited persons.  South Dakota law prohibits
possession or control of a firearm by a person who has
been convicted in the State or elsewhere of a crime of
violence or a felony controlled substance/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/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. Residents of contiguous
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. An
application (see below) is required to purchase a pistol 
if the purchaser does not have a permit 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.

Information from applicants.  State law requires the
following information on an application to purchase a 
pistol: complete name, address, occupation, place and date 
of birth, physical description, the date and hour of 
application, a statement that the applicant has never pled 
guilty to, nolo contendere to, or been convicted of a crime 
of violence, a statement that the information on the 
application is true and correct, and the applicant's 
signature.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  The seller of a pistol shall within 6
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 applications for a period of 1 year.

Registration.  No State requirements.

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

Arrests of denied persons.  Not applicable.

2001/2002 legislation.  Reciprocal concealed carry permit
legislation was enacted and South Dakota recognized
permits from 10 other States.

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

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

Tennessee

State requests NICS checks

Prohibited persons.  Tennessee law prohibits the
intentional, knowing, or reckless sale, loan, or gift 
of a firearm to a person who is a minor or intoxicated. 
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 concealed handgun.

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

Waiting period.  No State requirements.

Information from applicants.  Tennessee's application
includes the purchaser's name, date and place of birth,
address, Social Security number, race, gender, thumbprint,
and date of application. The make, model, caliber, and
manufacturer's serial number of a firearm are checked
through the FBI/NCIC Stolen Gun File. TBI refers stolen
gun reports to the law enforcement agency with jurisdiction.
If a theft is verified, the firearm will be confiscated.

Purchaser fees.  TBI may charge a reasonable fee, not to
exceed $10, for a background check.

State data.  Tennessee's Law Enforcement
Communications Network maintains criminal history,
fugitive, domestic abuse restraining order, and sex offender
data. Domestic abuse misdemeanor convictions can be
identified if annotated on a fingerprint card by a local
agency.

Check processing time.  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 reconsidera-
tion 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  Tennessee Bureau of
Investigation.

Texas

FBI conducts NICS checks

Prohibited persons.  Texas law prohibits possession of a
firearm by a person who has been convicted of any felony
or a Class A misdemeanor involving a member of the
persons family or household, and five years have not
elapsed since the persons release from confinement or
supervision.  A firearm cannot be possessed by a person
who is subject to certain family violence 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 persons family or household can possess a
firearm if five years have elapsed since the person's
release from confinement or supervision.  A convicted 
felon with restored rights can 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 valid carry license to be used for 
a purchase without a NICS check.

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  None.

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

Check processing time.  Not applicable.

Retention of records.  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 can appeal under Federal law.  A denial of a
concealed handgun license may be appealed to justice
court.

Arrests of denied persons.  No information is available.

2001/2002 legislation.  An amendment prohibited
possession of a firearm by a person convicted of an offense
involving a member of the person's family or household,
and by a person subject to a protective order.  Statistical
data may be maintained on the Department of Public
Safety website consisting of certain offenses committed by
persons holding a concealed handgun license.

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

Source of information.  Texas Department of Public
Safety.

Utah

State requests NICS checks

Prohibited persons.  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 can
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 local telephone number, or a computer. 
Some denials by BCI are reported back to NICS,
depending on the reason for denial. Holders of concealed
firearm permits issued by BCI are exempt from
point-of-sale background checks under an ATF ruling and
Utah law. BCI verifies the validity of permits presented to
dealers.

Waiting period.  No State requirements.

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

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

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

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

Retention of records.  State law allows BCI to retain data
on approved transactions for a maximum period of 20 days. 
Dealer numbers and transaction numbers and dates are
maintained for 12 months. Data on denied transactions are
retained indefinitely.

Registration.  No State requirements.

Appeals of denials.  A person who is denied a firearm can
appeal to BCI and further to a State review board. A
concealed firearm permit denial may also be appealed to
the 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  Utah Bureau of Criminal
Identification.

Vermont

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 child under the age of 16 years. 
A handgun cannot be possessed by a child under the age
of 16 years without the consent of a parent or guardian.

Restoration of rights.  No State requirements.

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.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  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.

2001/2002 legislation.  The responsibility for conducting
background checks on firearm sales applicants became the
sole responsibility of the FBI, with all Vermont points of
contact eliminated. Manual records of Vermont felony
convictions will be automated by the State and transferred
to the FBI.

Relevant laws.  Vermont Statutes 13-4001 et seq.

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

Virginia 

State requests NICS checks

Prohibited persons   Virginia law prohibits possession of a
firearm by a person who is acquitted by reason of insanity;
adjudicated incompetent or incapacitated; involuntarily
committed; subject to a protective order; convicted of a
felony; or found guilty as a juvenile of a delinquent act
which would be a felony if committed by an adult. It is
unlawful for an alien to possess an assault firearm, or 
for a person under 18 years of age to possess a handgun or
assault firearm.  Handguns cannot be purchased by certain
persons who have been convicted of two misdemeanor
drug offenses within 36 months.

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

Regulated sales   State law requires background checks
on persons who purchase firearms from licensed dealers. 
Virginia residents may purchase firearms upon proof of
residency in the State for at least 30 days. Residents of
contiguous States may purchase long guns in Virginia
unless otherwise prohibited. A person cannot purchase
more than one handgun in a 30-day period unless
authorized by the State Police.

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

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

Waiting period   No State requirements.

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

Purchaser fees  VSP charges $2 for a check on a Virginia
resident and $5 for a nonresident.

State data  Virginia maintains fully automated criminal
history, fugitive, juvenile, mental health, domestic violence
restraining order/misdemeanor, and drug user data, plus a
file on misdemeanor drug convictions and a calendar file 
on handgun purchases.

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

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

Registration   No State requirements.

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

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

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

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

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

Source of information   Virginia State Police.

Washington

FBI conducts long gun NICS checks
State requests handgun NICS checks

Prohibited persons.  State law prohibits ownership,
possession, or control of a firearm by a person who is
convicted of a serious offense, felony, or misdemeanor as
specified by statute; involuntarily committed for mental
health treatment; under 18 years of age; or free on bond or
personal recognizance pending trial, appeal or sentencing
for a serious offense. Offenders under the supervision 
of the department of corrections shall not own, use, or
possess firearms. A person at least 18 but less than 21
may possess a handgun only in certain places. State law
does allow 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 may petition the court
of record for restoration if the offender has no previous
violation and no subsequent violation for any offense for 5
years (3 years if convicted of a non-felony offense) after
completing a sentence. 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 permit is not required to purchase firearms.  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.  Applicants for handgun purchases
are checked by 291 sheriffs and police departments that
are partial points of contact for the NICS. Checks are
conducted upon receiving applications from dealers in
person, by fax, or by regular or certified mail. State law
provides that a handgun can be delivered to the purchaser
when the dealer is notified of an approval or when 5
business days have elapsed. The time allowed for a check
can be extended up to 30 days when the applicant has a
record which lacks certain dispositions, or up to 60 days for
persons who are new Washington residents or lack the
required identification.  Licensed dealers contact the FBI for
checks required by the Brady Act on persons who purchase
long guns or redeem pawned firearms.

Waiting period.  No State requirements.

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

Purchaser fees.  None.

State data.  A statewide network maintains automated
fugitive, criminal history, and domestic violence restraining
order/misdemeanor data.  Some juvenile data are also
available.  Mental health records are accessed manually
and institutions are contacted by telephone or e-mail. The
State is pursuing improvements to domestic violence
misdemeanor and mental health record systems.

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.  Generally,
approved applications are retained for a maximum period of
20 days and 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.

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

2001/2002 legislation.  No significant changes.

Relevant laws.  WA. Revised Code 9.41.010 et seq.

Source of information.  Washington State Patrol.

West Virginia

FBI conducts NICS checks

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

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

Prohibited firearms.  It is unlawful for any person to carry,
transport, or possess any machine gun, 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.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

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

Check processing time.  Not applicable.

Retention of records.  No State requirements.

Registration.  No State requirements.

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

Arrests of denied persons.  Not applicable.

2001/2002 legislation.  No significant changes.

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

Source of information.  West Virginia State Police.

Wisconsin

FBI conducts long gun NICS checks 
State requests handgun NICS checks

Prohibited persons.  State law prohibits firearm
possession by or transfer to a person who has been
convicted of a felony in Wisconsin or a similar crime
elsewhere, adjudicated delinquent for an act that would be
a felony if committed by an adult, found not guilty of a
felony in Wisconsin or a similar offense in another
jurisdiction by reason of mental disease or defect,
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.  A denial by DOJ is not currently reported back
to NICS but will be in the near future. Dealers contact the
FBI for checks required by the Brady Act on persons who
purchase a long gun or redeem a pawned firearm.

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

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

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

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

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

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

Registration.  No State requirements.

Appeals of denials.  A person who is denied a handgun
may appeal first to the DOJ Crime Information Bureau and
then to the Administrator of the Division of Law
Enforcement Services. A further appeal may be filed in
State court.

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

2001/2002 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.

Wyoming

FBI conducts NICS checks

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

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

Prohibited firearms.  None.

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

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

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

Waiting period.  No State requirements.

Information from applicants.  No State requirements.

Purchaser fees.  No State requirements.

State data.  Wyoming maintains a statewide network with
fully automated records of criminal histories and fugitives
who are wanted in felony or misdemeanor warrants.
Misdemeanor convictions for domestic violence offenses
can be identified in criminal history records. Domestic
violence restraining orders are entered in State and NCIC
protection order files. Wyoming is planning an interface
between the court system and the State and NCIC files 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.

2001/2002 legislation.  No significant changes.

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

Source of information.  Wyoming Attorney General.

American Samoa

FBI conducts NICS checks
Territory conducts separate checks

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

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

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

Waiting period.  No requirements.

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

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

State data.  Information is maintained manually.

Check processing time.  No information is available.

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

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

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

Arrests of denied persons.  No information is available.

Relevant laws.  American Samoa Code 46.4201 et seq.

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

Guam

FBI conducts NICS checks 
Territory conducts separate checks

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

Restoration of rights.  A convicted felon's right to receive
an identification card cannot be restored.

Prohibited firearms.  The manufacture, possession, sale,
barter, trade, gift, transfer, or acquisition of any machine
guns, submachine guns, automatic rifles, or certain short
firearms is prohibited.

Regulated sales.  All transfers of lawful firearms, except
for temporary transfers at shooting galleries, require that
the person receiving the firearm hold an identification card.

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

Background checks.  The Guam Police Department
(GPD) conducts background checks on identification cards
applicants. FBI data and local files are checked.

Waiting period.  No requirements.

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

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

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

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

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

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

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

Arrests of denied persons.  No information is available.

Relevant laws.  Guam Code 10-60100 et seq.

Source of information.  Guam Police Department.

Puerto Rico

FBI conducts NICS checks
Commonwealth conducts separate checks

Prohibited persons.  The Superintendent of Police of
Puerto Rico shall not issue a license to have or possess
firearms to any person who has been convicted of any of
the following offenses or of the attempt to commit the same,
in or outside Puerto Rico: murder in any degree, man-
slaughter, kidnaping, rape, mayhem, intent to commit any
felony, aggravated assault and battery with a weapon,
robbery, burglary, misappropriation, aggravated misappro-
priation, arson, aggravated arson, or incest. In addition, 
a license cannot be issued to any person who is mentally
unbalanced, a habitual drunkard, addicted to a controlled
substance, or an alien, or who has been a citizen of the
United States and renounced such citizenship, or has been
adjudicated as a mental defective by a court or discharged
from the armed forces under dishonorable conditions, or is
under a court order prohibiting stalking, spying, threatening,
or approaching an intimate partner or children of an
intimate partner, or has a history of violence. 

Restoration of rights.  No regulations cover restoration of
rights.

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. Licensing
requirements apply to all firearm sales.

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

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

Waiting period.  No requirements.

Information from applicants.  Fingerprints are required
and the standard ATF form is used. An application shall 
be made under oath.

Purchaser fees.  Commonwealth law requires that every
application shall be accompanied by an internal voucher for
$100.

State data.  The police department maintains an electronic
registry.

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

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

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

Appeals of denials.  A license denial can be appealed
under the uniform administrative procedures of the
Commonwealth.

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

Relevant laws.  Laws of Puerto Rico 25-411 et seq; Law
No. 404 of March 1, 2001.

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

Virgin Islands

FBI conducts NICS checks
Territory conducts separate checks

Prohibited persons.  Virgin Islands law provides that a
license to have and possess a firearm cannot be issued to
a person who 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, a 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 illegal 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.

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

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

State data.  No information is available.

Check processing time.  No information is available.

Retention of records.  No information is available.

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

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

Arrests of denied persons.  No information is available.

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

Source of information.  Virgin Islands Police Department.

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 weapons
offense; convicted of an offense involving drugs, assaults,
or threats; acquitted by reason of insanity; adjudicated a
chronic alcoholic; committed to a mental hospital; suffering
from a physical defect and unable to use a firearm safely;
adjudicated negligent in a firearm mishap causing death or
serious injury; or otherwise ineligible under District law. 
Registration applicants are required to demonstrate
adequate vision and pass a written test evidencing
satisfactory knowledge of District firearm laws.

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

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

Waiting period.  No requirements.

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

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

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

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

Retention of records.  No information is available.

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

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

Arrests of denied persons.  A violation of the District's
firearms control act may result in a $1,000 fine or 1 year in
jail, or both.

Relevant laws.  District of Columbia Code 2001, Title 7,
Chapter 25; Firearms Control Act of 1975.

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

Alabama Isaac Kervin, Criminal Justice Information Center,
770 Washington Avenue, Room 350, Montgomery, AL
36130, (334) 242-4900
                                     
Alaska Diane Schenker, Department of Public Safety,
Division of Administrative Services, 5700 East Tudor Road,
Anchorage, AK 99507, (907) 269-5092
                                     
Arizona Willard Whalen, Department of Public Safety,
Concealed Weapon Permit Unit, P.O. Box 6638, Phoenix,
AZ 85005, (602) 223-2702
                                    
Arkansas Cora Gentry, AFIS/ID Bureau
One State Police Plaza Drive, Little Rock, AR 72209,
(501) 618-8501
                                     
California Steve Buford, Department of Justice Firearms
Program, P.O. Box 820200, Sacramento, CA 94203,
(916) 227-3500
                                     
Colorado Michael Igoe, CBI InstaCheck Unit
690 Kipling Street, Room 3000, Denver, CO 80215,
(303) 239-4235
                                     
Connecticut Robert Kiehm, State Police Special Licensing
and Firearms Unit, 1111 Country Club Road, Middletown,
CT 06457, (860) 685-8160
                                     
Delaware David Deputy, State Police Bureau of
Identification, P.O. Box 430, Dover, DE 19903, 
(302) 739-5872
                                     
Florida Martha Wright, Florida Department of Law
Enforcement, P.O. Box 1489, Tallahassee, FL 32302,
(850) 488-4931
                                     
Georgia Terry Gibbons, Bureau of Investigation Crime
Information Center, P.O. Box 370808, Decatur, GA 30037,
(404) 244-2638
                                     
Hawaii Liane Moriyama, Criminal Justice Data Center,
465 South King Street, Room 101, Honolulu, HI 96813,
(808) 587-3101                   
Idaho Robert Taylor, Bureau of Criminal Identification,
700 South Stratford, Meridian, ID 83642, 
(208) 884-7132
                                     
Illinois Scott Giles, State Police Firearms Services Bureau,
100 Iles Park Place, Springfield, IL 62708,
(217) 782-5015
                                     
Indiana Fred Pryor, State Police Firearms Division,
Government Center North, 100 N. Senate Avenue
Indianapolis, IN 46204, (317) 232-8264

Iowa Sam Knowles, Department of Public Safety,
Wallace State Office Building, Des Moines, IA 50319,
(515) 281-8422
                                     
Kansas David Sim, Bureau of Investigation,
1620 Southwest Tyler, Topeka, KS 66612,
(785) 291-3029
                                     
Kentucky Joe West, State Police Support Services,
1250 Louisville Road, Frankfort, KY 40601,
(502) 695-6205
                                     
Louisiana Kenneth Martin, State Police Concealed
Handgun Section, P.O. Box 66375, Baton Rouge, LA
70896, (225) 925-4867
                                     
Maine Barry Hathaway, Department of Public Safety,
36 Hospital Street, Augusta, ME 04333,
(207) 624-7062
                                     
Maryland W.T. Szimanski, State Police Firearms
Enforcement Division, 7751 Washington Boulevard,
Jessup, MD 20794, (410) 799-0191
                                     
Massachusetts Barry LaCroix, Criminal History Systems
Board, 200 Arlington Street, Suite 2200, Chelsea, MA
02150, (617) 660-4600
                              
Michigan Katie Bower, State Police Firearms Records Unit,
7150 Harris Drive, Lansing, MI 48913,
(517) 322-5518
                                    
Minnesota Karen R. McDonald, Department of Public
Safety, Bureau of Criminal Apprehension, 1246 University
Avenue, St. Paul, MN 55104, (651) 642-0602
                                     
Mississippi Judy Tucker, Department of Public Safety,
Firearm Permit Unit, P.O. Box 958, Jackson, MS 39205,
(601) 987-1586
                                    
Missouri T. P. McGrail, State Highway Patrol, Criminal
Records Division, P.O. Box 568, Jefferson City, MO 65102,
(573) 526-6160
                                     
Montana Karen Nelson, Department of Justice, CJIS
Bureau, 303 N. Roberts, Helena, MT 59620, 
(406) 444-9621
                                     
Nebraska David Dishong, State Patrol,
P.O. Box 94907, Lincoln, NE 68509,
(402) 479-4099
                                     
Nevada Jeff Artz, Highway Patrol,
808 West Nye Lane, Carson City, NV 89703,
(775) 687-1600

New Hampshire Patrick Poirier, Department of State
Police, James H. Hayes Safety Building, 10 Hazen Drive,
Concord, NH 03305, (603) 271-3575
                                     
New Jersey Mike Aneskewich/ John O'Brien, Division of
State Police, P.O. Box 7068, West Trenton, NJ 08628, 
(609) 882-2000
                                     
New Mexico Paul V. Herrera, Department of Public Safety,
Technical and Emergency Support, P.O. Box 1628, Santa
Fe, NM 87504, (505) 827-9191
                                     
New York Kenneth J. Connolly, Division of Criminal Justice
Services, 4 Tower Place, Albany, NY 12203,
(518) 457-4181
                                     
North Carolina Gene Melvin, Bureau of Investigation, 
3320 Garner Road, Raleigh, NC 27601,
(919) 662-4509
                                     
North Dakota Robert J. Helten, Bureau of Criminal
Investigation, Information Services Division, 
P.O. Box 1054, Bismarck, ND 58502, 
(701) 328-5500
                                     
Ohio Lonnie Rudasill, Bureau of Criminal Identification and
Investigation, P.O. Box 365, London, OH 43140,
(740) 845-2000
                                     
Oklahoma Rusty Featherstone, Bureau of Investigation,
6600 North Harvey, Oklahoma City, OK 73116,
(405) 879-2535
                                     
Oregon Clifford W. Daimler, State Police Identification
Services, 3772 Portland Road NE, Salem, OR 97303,
(503) 378-3070
                                     
Pennsylvania John Thierwechter, State Police Bureau of
Records and Identification, 1800 Elmerton Avenue,
Harrisburg, PA 17110, (717) 783-5592
                                     
Rhode Island Vincent McAteer, Department of the Attorney
General, Bureau of Criminal Investigation,
150 S. Main, Providence, RI 02903, (401) 421-5268
                                     
South Carolina Carlotta Stackhouse, Law Enforcement
Division, 4400 Broad River Road, Columbia, SC 29221,
(803) 896-7143
                                     
South Dakota Robert Grandpre, Division of Criminal
Investigations, Administration Services, 500 East Capitol
Avenue, Pierre, SD 57501, (605) 773-3331
                                     
Tennessee Doug Woodlee, Bureau of Investigation,
901 R.S. Gass Boulevard, Nashville, TN 37216, 
(615) 744-4000

Texas David Gavin, Department of Public Safety, Crime
Records Division, P.O. Box 4143, Austin, TX 78765,
(512) 424-2077
                                     
Utah Joyce Carter, Bureau of Criminal Identification,
4501 South 2700 West, Salt Lake City, UT 84119,
(801) 965-3810
                                     
Vermont J. Paul Duquette, Newport Police Department,
222 Main Street, Newport, VT 05855,
(802) 334-6733
                                     
Virginia R. Lewis Vass, State Police Records Management
Division, P.O. Box 27472, Richmond, VA 23261,
(804) 674-2148
                                     
Washington Debbie Anderson, State Patrol Identification
Section, P.O. Box 42619, Olympia, WA 98504,
(360) 570-5230
                                     
West Virginia Thomas A. Barrick, Department of State
Police, 725 Jefferson Road, South Charleston, WV 25309,
(304) 746-2177
                                     
Wisconsin Mary Studevant, Department of Justice
Criminal Records Section, 123 West Washington Avenue,
Madison, WI 53702, (608) 267-2776
                                     
Wyoming James M. Wilson, Division of Criminal
Investigation, 316 West 22nd Street, Cheyenne, WY
82002, (307) 777-7523
                                     
American Samoa Jacinta Brown, O.T.I.C.I.D.E.,
P.O. Box 4567, Pago Pago, AS 96799,
(684) 633-2827
                                     
Guam Edward Kabina, Police Department,
287 West Obrien Drive, Agana, GU 96910,
(671) 475-8459
                                     
Puerto Rico Julio L. Rosa, Department of Justice,
P.O. Box 9020192, San Juan, PR 00902-0192,
(787) 729-2484
                                     
Virgin Islands Anthenia Brown, Police Department,
Alexander Farrelly Justice Complex, Charlotte Amalie, 
St. Thomas, VI 00802, (809) 774-2211
                                     
Washington, D.C. Thomas Zeno, U.S. Attorney's Office,
555 4th Street, N.W. Washington, D.C. 20001,
(202) 514-6922

Firearm information pages and checking agency home
pages:
                                     
Alabama Department of Public Safety
http://www.dps.state.al.us/weapon.html
                                     
Alaska Department of Public Safety
http://www.dps.state.ak.us/ast/achp/
                                     
Arizona Department of Public Safety
http://www.dps.state.az.us/ccw/welcome.htm
                                     
Arkansas State Police
http://www.asp.state.ar.us/chl/chl.html
                                     
California Department of Justice Firearms Division
http://caag.state.ca.us/firearms/
                                     
Colorado Bureau of Investigation Insta-Check Unit
http://cbi.state.co.us/ic/index.htm
                                     
Connecticut State Police Special Licensing and Firearms
Unit http://www.state.ct.us/dps/SLFU/index.html
                                     
Delaware State Police Bureau of Identification
http://www.state.de.us/dsp/sbi.htm#Firearms
                                     
Florida Department of Law Enforcement
http://www.fdle.state.fl.us/
                                     
Georgia Bureau of Investigation Crime Information Center
http://www.state.ga.us/gbi/gunckar.html
                                     
Honolulu Police Department Firearms Unit
http://www.honolulupd.org/html/ref/gunlaw.htm        
Illinois State Police 
http://www.isp.state.il.us/ 
                                     
Indiana State Police 
http://www.in.gov/isp/
                                     
Iowa Department of Public Safety 
Division of Administrative Services
http://www.state.ia.us/government/dps/asd/license.htm
                                   
Kentucky State Police
http://www.state.ky.us/agencies/ksp/ccdw/ccdfr.htm
                                     
Louisiana State Police Concealed Handgun Permit Section
http://www.dps.state.la.us/lsp/chips.html
                                     
Maryland State Police
http://www.inform.umd.edu/UMS+State/MD_Resources/MDSP/
                                     
Massachusetts State Police
http://www.state.ma.us/msp/firearms/index.htm
                                     
Michigan State Police Criminal Justice Information Center
http://www.state.mi.us/msp/cjic/Firearms.htm
                                   
Mississippi Department of Public Safety
http://www.dps.state.ms.us/dps/dps.nsf/divpages/
ci2firearm?OpenDocument
                                 
Montana Department of Justice Legal Services
http://www.doj.state.mt.us/ls/weapons.htm
                                    
Nevada Highway Patrol 
http://nhp.state.nv.us/
                                     
New Hampshire State Police
http://www.state.nh.us/nhsp/index.html
                                     
New Jersey State Police Bureau of Identification
http://www.njsp.org/about/id.html
                                     
New Mexico Department of Public Safety
http://www.dps.nm.org/dps/beta/cchome2.htm
                                     
New York State Police Pistol Permit Bureau
http://www.troopers.state.ny.us/Firearms/Firearmsindex.html
                                     
North Carolina Department of Justice
http://www.jus.state.nc.us/NCJA/guns.htm
                                     
North Dakota Bureau of Criminal Investigation
http://www.ag.state.nd.us/
                                     
Oklahoma State Bureau of Investigation
http://www.osbi.state.ok.us/
                                     
Oregon State Police 
http://www.osp.state.or.us/
                                     
Pennsylvania State Police Firearms Division
http://www.psp2.state.pa.us/ri/
                                     
Rhode Island Attorney General 
Bureau of Criminal Investigation
http://www.riag.state.ri.us/criminal/investig.html
                                     
South Carolina Law Enforcement Division
http://www.sled.state.sc.us/
                                     
Tennessee Bureau of Investigation Instant Check System
http://www.tbi.state.tn.us/TICS/tics.htm
                                  
Texas Department of Public Safety Concealed Handgun
Licensing Section
http://www.txdps.state.tx.us/administration/crime_records/
chl/chlsindex.htm
                                     
Utah Bureau of Criminal Investigation
http://www.bci.ps.state.ut.us/
                                     
Vermont Department of Public Safety
http://170.222.24.9/cjs/vtnics.html
                                     
Virginia State Police Firearm Transaction Center
http://www.vsp.state.va.us/cjis_ftc.htm
                                     
Washington State Department of Licensing
http://www.wa.gov/dol/bpd/firfront.htm
                                     
West Virginia State Police Legal Division
http://www.wvstatepolice.com/legal/
                                     
Wisconsin Department of Justice Handgun Hotline
http://www.doj.state.wi.us/dles/cib/handgunhotline.asp
                                     
Wyoming Attorney General
http://attorneygeneral.state.wy.us/dci/index.html
                          
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 ceterfire 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 is 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).

----------------------------------------------
Acronyms
                                          
ATF     Bureau of Alcohol, Tobacco, and Firearms
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
POC     Point of Contact
------------------------------------------------


End of file
04/17/03 ih
Revised 4/29/03 th