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 -------------------------------------------------------------- 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 --------------------------------------------------------------- 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 agency’s response to the firearm dealer. Some States apply the Brady Act’s rule that if a disqualifying conviction record is not found within 3 days, a transfer may proceed at the discretion of the dealer (termed a “default proceed” by the NICS). Other States have laws and regulations that allow their agencies to deny a transfer if an applicant was arrested for 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 licensee’s business is located. An interstate transfer of a handgun or long gun between unlicensed persons is prohibited. Permits. Federal law does not require a permit to purchase a firearm. Background checks. NICS checks are conducted by the FBI and State point of contact (POC) agencies. The FBI checks handgun and long gun buyers in 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 court’s refusal to issue a concealed handgun permit may be appealed to the State supreme court. Arrests of denied persons. In cases involving falsified applications, DSP informs the agency with jurisdiction over the individual. When a person is denied because of an outstanding warrant, the agency with jurisdiction over the dealer is notified to apprehend the suspect. 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;