Give me a Gun Law 101 for each end of the spectrum.

P

Pond James Pond

New member
I don't live in the States, and I have only visited thrice!

I am not au fait with the ins and outs of gun policy in the different states, but I would like to know what is generally possible in the most gun friendly states and, conversely, what residents are limited to in the most restrictive states.

I expect the gun friendly states to include the likes of Florida, Texas. At the other end of the scale, NJ (?), California and I'm guessing Connecticut.

So what is possible in those types of regions?
 
In TX, one can carry a loaded long gun anywhere, subject to some restrictions regarding schools, government buildings, etc., and subject to some hunting laws.

It is legal to carry a loaded handgun in one's car or on one's property without a permit but it is not legal carry it outside of one's vehicle without a permit.

A handgun carried off one's own property must be concealed--that applies to permit carry and carry in a vehicle without a permit.

Handgun carry permits can be obtained by anyone over 21 (there's an exception for retired military personnel allowing the issue of a permit at 18) with a clean criminal record after being background checked and completing a class. They must be renewed every 5 years.

It is legal, in TX to own a machinegun (pre-1986 transferrable machinegun) or a silencer subject to NFA restrictions and to use either one on private property or at a range--providing one can find a range that allows it. It is legal to hunt any game in TX with a silencer, but only non-game animals may be legally killed with a machinegun.

One can purchase a handgun or long gun without a permit. In TX, a person may own a long gun or handgun at 18, but federal restrictions mean that they would have to be given the handgun as a gift or would have to purchase it in a private sale since it would not be legal to purchase it from a federal firearm license holder.

I'm not aware of any restrictions on ammo purchase or possession other than those imposed by federal law.
 
Vermont

No permit to purchase.

No permit required to carry concealed or openly.

No loaded long guns in or on a vehicle on or within 25 feet of a public highway.

Machine guns with tax stamp are legal.

No silencers ($25 fine).

Um...

Other than the basic no courthouse, school, federal building carry, that is about it...
 
So, so far, those two States seem pretty easy going. There are some restrictions that I'm sure some members are irritated by, but on the whole, it is pretty much do/get what you like with a few caveats.

So what are the likes of Cal', NY etc doing that is so odious?
 
In Pennsylvania:

No license needed to purchase.

Open carry with no permission needed. However you can't carry in your car in any manner. without a license to carry (LTCF)

PA is a "Shall Issue" state. But Philadelphia tries to be may issue. it's a single form and the license cost $20. You must have a license to carry in Philadelphia. No training requirements.

Few restriction on where you can carry.

State preemption.

For more information go to pafoa.org
 
Georgia is fairly lenient. As far as purchase and ownership, you simply need to follow federal law.

Carry at home or in a vehicle does not require a license. A license to carry is shall-issue. The process is quick in most counties, with the exceptions of the counties that make up Atlanta.

We also have legal protections for those who use a gun in justifiable self-defense.
 
In NJ:
Firearm purchaser ID card required to buy firearms and ammo;

Additional handgun permit required to purchase a handgun - good for 90 days(I applied 2/8/14 for 2 & haven't gotten them yet - they jerk you around);

One permit per handgun;

Purchase limit 1 per 30 days;

Permit required to carry - issued on a may issue basis with justifiable need. Basically no one has enough justifiable need to be granted one.

Hunting-mostly shotgun only. Some small game with smaller caliber rifles.
 
Kentucky is proudly tied for 47th on the Brady list. :)

Constitutional right to open carry except for a limited number of places like schools and courthouses. "Shall issue" for concealed carry which is good except for the usual "sensitive areas" and in bars (there is a bill pending).

Kentucky does not limit firearms sales in any manner beyond what the federal government does and local governments are preempted from additional restrictions on firearms sales. No special taxes on firearms or ammo.
 
For California, see the wiki in my signature.

Just the idea that we need such a thing should give you a lot of information.
 
Here's the other end of the list. New York, for comparison

Handguns are all illegal to even touch, let alone own. You get an exception to this rule if you obtain a handgun license, which allows you to touch handguns which are specifically listed on the license by serial number.

In order to get a license, you need to fill out an application. The licensing center won't hand them out, but they are free to download. The website where they are available is offline but a few other firearm websites have backup copies.

You download the forms and answer every question. You need to list every time you've been arrested since birth, every address you've ever lived at, every job you've ever worked at, every controlled medication you've ever taken, every traffic infraction for about five years, and a host of other questions. A single mistake can mean a denial.

You then have to list four references which must be listed on the application alphabetically. It is not know if listing them in another order will result in a denial. Each reference must sign the application.

Each reference must also sign a form stating they believe you are responsible enough to own a pistol.

Submit the application and wait.

and wait.

and wait

and wait for three to six months for the telephone call for an interview date. This date is usually six to nine months out. Then you

wait

and wait

and wait

and wait.

At the interview, they go over the application and references with you. You have to answer each question again and any different answer means they can deny you. You're fingerprinted and then your file is submitted to the FBI for a further background check. You are given a new form to fill out that duplicates the original form. Each of the references must sign the new form too.

Then you wait

and wait

and wait

and wait

and at six months, they are supposed to have the review process complete. But then you wait

and wait

and wait

and wait

and wait some more.

Then anywhere between six months to a year after the interview, if you are not automatically denied, then anyone at the agency has the discretion to deny you anyway.

If you are approved, you are given a license, which restricts you to having a gun at your home or at a range. There is no carry license for parts of the state.

Once the license is approved, you can buy a pistol. You go to the gun store and buy one, after going through another background check. You can't take the gun though. You have to get a sales slip, and bring that to the licensing HQ. They then give you a form. You drive back to the gun store with the form, and its filled out. You then drive back to licensing HQ, where they take the completed form and add that gun to your license. You then go back to the store, and they give you the pistol once the store confirms its listed on your license.

Now that you can actually touch a pistol, you are free to take training or safety courses, although that's not mandatory under the law.

Not every county in New York is like this, in fact most aren't. But its a good example of the bottom of the barrel.
 
In Florida

21 years of age to purchase a handgun, completion of federal form 4473, no felony record, no domestic violence convictions, no pending criminal charges, FDLE background check & 3 working day waiting period before you can take your handgun home.
Legal to keep in your car, home and place of business without permit. Permit required to carry concealed in public. Carry forbidden in schools, bars, government buildings and places of nuisance. Open carry forbidden except when fishing, hunting, camping or hiking (no permit required).
 
Arkansas

Arkansas is pretty friendly. If you buy from an FFL, of course, you have to get the NICS check, but no requirements beyond what's in federal law.

Private purchases are not subject to any additional restrictions. No requirement that private transfers go through any sort of background check.

We're shall-issue on CHCLs and the state has preempted county or municipal regulation on possession, transfer and carry of firearms. Restricted areas for CC include gov't buildings, schools, jails, etc. Churches get to decide for themselves whether they'll prohibit CC as of the last legislative session.

An amendment passed last year (Act 746) may have made open carry legal, but I'm still waiting to see what happens with that.
 
Here's the other end of the list. New York, for comparison
Click to expand...
How in the wild wild world of sports can any human being with a functional brain look at that circus and say with a straight face that's not an infringement???:confused::mad:
 
On the far end toward gun control: New York, Hawaii, Maryland, Washington D.C. California gets an honorable mention and only avoids that far end because in many places in CA you can actually get a concealed carry permit, while New York's regulations are slightly dumber.

On the far end toward gun rights: Arizona, Alaska, and Vermont. No permit required to carry concealed. Generally liberal restrictions if any.

A lot of southern states actually have worse gun laws than you might think, mostly related to concealed carry. This is mostly because many of their concealed carry laws are 20+ years old. A lot of states that only got concealed carry in the last 10 years or so have much better laws because they enacted CCW laws that address a lot of the idiosyncratic foolishness that made it into the law in the first-wave CCW states, i.e. no carrying in restaurants with more than 51% of their receipts from liquor sales regardless of whether you're in the bar or the restaurant or even if you're drinking, no carry in some public places like churches, no open carry, etc.
 
Well, so far NY seems the most prohibitive by far: frankly it seems it is significantly harder to get a firearm than here!

Other states have some slightly odd requirements but on the whole pretty accommodating.

I take it "shall issue" means that applying is more of a formality rather than a step with an uncertain outcome.
 
Shall issue means the issuing agency cannot deny the license if the applicant is legally qualified.
The applicant does not have to provide a reason for wishing to carry a concealed weapon.
 
Quote:
"How in the wild wild world of sports can any human being with a functional brain look at that circus and say with a straight face that's not an infringement???"

Indeed

I Live in a Borough of NYC, work for NYC.... Licensed for >20 years. while LancelotLink got it pretty much down, he forgot to add $340.00 every 3 years, don't forget if your new to this, you need to add $100.00 for fingerprints, not including the cost of your first handgun....BTW limited FFL's and they know it... so you are paying premium+++ for you firearm.... be prepared to spend over $1000.00 with all the costs totaled up. This alone is an impermissible burden.

Here is my purchase request.... Call NYPD Licensing Division.... I'd like a purchase order please..... give the Name.... In the mail 5 days, list make model and Caliber (I've flip flopped on make and model without issue) one month later I get the OK to purchase BUT, I must go in person to pick up the purchase order only between 9am and 11am (you have 30 days).... Go buy handgun (you have 3 working days M-F no holiday or weekend). typical paperwork and NICS.... 10 min. tops. that's the easy part...... Than, the next day go back to licensing division between 1pm and 3pm for inspection and addition to you license. Fun HUH!:eek:

Lucky for me (I guess) I work in NYC so its easy to pick up the purchase order, however I have to take off to get the inspection and addition on the license.....every time.
 
Well, so far NY seems the most prohibitive by far: frankly it seems it is significantly harder to get a firearm than here!
Click to expand...

Actually, there's no way to accurately describe the New York system because handgun permits in NY are handled by the counties. There are essentially 58 different systems, one for each county outside NY City and (more or less) one for the five counties within NY City. What LancelotLink describes above is only how one county in NY handles things.

They all have different time frames, attitudes and systems.

Some still use paper permits, some are like credit cards.

Some take longer than the legally specified 6 month maximum to process applications, some take a couple of weeks.

Some counties will deny all permits except those for the wealthy and connected, other counties hand them out like candy.

Some counties will only issue "restricted" (sporting use) permits which do not allow any form of defensive carry, other counties issue only UNrestricted permits and will change an application from "sporting use only" to unrestricted even if the applicant doesn't ask.

Some counties take weeks (or even months) to add a new gun to a permit even after it has been purchased and the gun can not be possessed until it is added to the permit. Other counties will give you a coupon for purchase and you can pick up the gun with no further issues as long as you go in for them to instantly add it to the permit within a couple weeks of possession.

The only thing more astonishing than NY's "system" is that it has not been (successfully) challenged in the many decades that it has been in place.
 
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