U.S. Department Of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Survey of State Procedures Related to Firearm Sales, 2005 November 2006, NCJ 214645 -------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/ssprfs05.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.opj.usdoj.gov/bjs/pubalp2.htm#ssprfs -------------------------------------------------------- Prepared by the Regional Justice Information Service St. Louis, Missouri U.S. Department of Justice Bureau of Justice Statistics Jeffrey Sedgwick Director Report of work performed under BJS Cooperative Agreement No. 2005-RU-BX-K016 awarded to the Regional Justice Information Service (REJIS), 4255 West Pine Boulevard, St. Louis, MO 63108. Contents of this document do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. The U.S. Department of Justice authorizes any person to reproduce, publish, translate, or otherwise use all or any parts of the material in this publication with the exception of those items indicating they are copyrighted or printed by any source other than REJIS. More information on this subject may be obtained from: Gene Lauver, FIST Manager Regional Justice Information Service 4255 West Pine Boulevard St. Louis, MO 63108 Phone: (314) 535-1455, ext. 260 Fax: (314) 535-1729 Devon B. Adams, BJS State Program Manager, and Ronald J. Frandsen, REJIS, wrote this report. Gene Lauver, Michael Bowling, and David Naglich assisted in collecting survey data for REJIS. This report is only available as an electronic publication on the BJS World Wide Web Internet site at: Contents Introduction History of the survey and related Bulletins Survey methodology Glossary and acronyms Background Federal prohibitions Brady interim system National Instant Criminal Background Check System State involvement in firearm transfer regulation Sources of additional information Firearm sales topics Prohibited persons Prohibitory records Types of firearms Regulated sales Approval systems Waiting periods Checking process Transaction and registration records Appeals of denials Actions against denied persons Rejection rates Jurisdictional summaries Information in summaries Federal system States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Other jurisdictions American Samoa Guam Puerto Rico U.S. Virgin Islands Washington, D.C. State procedures tables Applications for firearm transfers and permits processed by States Applications for firearm permits processed by local agencies grouped by population level of community served Transactions processed by FBI for selected States Prohibited persons: statutory basis for denial of firearm sale or possession Minors: restrictions based on age or juvenile offender status Regulation of dealer, private, and gun show sales Background check and permit procedures Fees, record retention, and appeals Prohibited and restricted firearms National Instant Criminal Background Check System (NICS): Checking agencies Notification procedures of State agencies regarding denied persons subject to arrest ATF investigation of NICS denials by FBI Data accessed for firearm background checks: domestic violence Data accessed for firearm background checks: other prohibitions Revisions of sales regulations and other significant changes in State firearm laws Reference appendixes A. Federal and State firearm laws B. Federal and State firearm laws by type of section C. Federal and State firearm laws by type of transactions D. Agencies conducting firearm background checks E. State agency Internet sites Introduction Survey of State Procedures Related to Firearm Sales, 2005 is the tenth in a series of Bureau of Justice Statistics (BJS) reports. This report describes laws, regulations, procedures, and information systems related to sales and other transfers of firearms that were in effect as of December 31, 2005. Procedures summarized in the survey are required by the laws and regulations of the United States, the 50 States, and other jurisdictions. History of the survey and related bulletins This national survey is produced by the BJS Firearm Inquiry Statistics (FIST) project, a component of the National Criminal History Improvement Program (NCHIP). NCHIP provides funding and technical assistance to improve the quality, timeliness, and accessibility of State criminal records and support interfaces between State and national record systems. The FIST project was established in 1995 to collect data that 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 through ninth editions described procedures required by the permanent provisions of the Brady Act or State law for transfers of handguns and other types of firearms. This edition incorporates recent changes in Federal and State procedures and provides updated coverage on topics related to firearm sales. Data collected and analyzed by the FIST project are also reported in BJS Bulletins. Five bulletins reported counts of firearm transfer applications and denials for the Brady interim period. (A cumulative summary is presented in Presale Handgun Checks, the Brady Interim Period, 1994-1998, .) More recent bulletins have summarized counts of firearm transfer applications and denials for the first full 7 years of the permanent Brady period. For the most recent bulletin, see Background Checks for Firearm Transfers, 2005, . (All prior surveys and bulletins may be viewed or ordered through the BJS web site listed at the end of the Background section.) The regular release of updated information in BJS surveys and bulletins is intended to highlight changes in the number of firearm transfer applications and denials as well as changes in the overall denial rate or the reasons for denial. The changes reported may be influenced by a variety of factors, including revisions in Federal and State laws, policies, or procedures, and the availability of different categories of law enforcement records. BJS anticipates that the procedural information presented in this report will be used with the statistical information about background checks to provide a more thorough understanding of the scope and impact of firearm transfer regulations. Survey methodology Information for this report was collected from hundreds of Federal, State, and local agencies, including law enforcement organizations, statistical analysis centers, and legislative research bureaus. Descriptions of procedures and statistical data were voluntarily provided by agencies participating in the survey. Data analysis and supplementary legal research were provided by the Regional Justice Information Service (REJIS), the organization conducting the study pursuant to a cooperative agreement with BJS. To ensure the accuracy of the information as of December 31, 2005, a draft of each State's summary was sent to the agency designated by the State for review and comment. The final version of each summary, as contained in this report, was reviewed and approved by a State contact. Consistent with privacy protection procedures followed by the FIST project, the information collected for this survey did not disclose the identity of any individual involved in a firearm transaction. Additionally, the software provided to help agencies submit statistical data to REJIS contains a purging mechanism that destroys data in accordance with applicable Federal or State law. Glossary Assault weapon A semiautomatic firearm with a large-capacity magazine and special features common to military weapons. Antique firearm A firearm manufactured in or before 1898 or a replica thereof, provided it is not designed for using rimfire or conventional center fire fixed ammunition; or any muzzle loading rifle, shotgun or pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. Curio or relic A firearm manufactured at least 50 years prior to the current date or certified by the curator of a municipal, State, or Federal museum, or that derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre, or associated with some historical figure, period, or event. Firearm Any weapon that is designed to or may readily be converted to expel a projectile by the action of an explosive. Handgun A firearm that has a short stock and is designed to be held and fired by the use of a single hand, such as a pistol or revolver. Long gun A firearm with a barrel extended to around 30 inches to improve accuracy and range, and commonly with a shoulder butt, designed to be fired with two hands, such as a rifle or shotgun. Machine gun(automatic firearm) A firearm that shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one bullet, without manual reloading, by a single function of the trigger. Pistol A weapon originally designed, made, and intended to fire a projectile from a barrel when held in one hand, and having a chamber as an integral part of, or permanently aligned with, the bore, and a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore. Revolver A projectile weapon, of the pistol type, having a breech loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing. Rifle A weapon, designed, made, and intended to be fired from the shoulder; and designed and made to use the energy of an explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. Semi-automatic firearm A firearm that utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. Short-barreled rifle A rifle having one or more barrels less than 16 inches in length, and any weapon made from a rifle, whether by alteration, modification, or otherwise, if such weapon, as modified, has an overall length of less than 26 inches. Short-barreled shotgun A shotgun having one or more barrels less than 18 inches in length, and any weapon made from a shotgun, whether altered or modified, if such weapon has an overall length of less then 26 inches. Shotgun A weapon designed, made, and intended to be fired from the shoulder, and designed and made to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. Unsafe handgun ("Saturday night special" or "junk gun") A handgun with a barrel length under 4 inches that is easily concealable and not effective for sporting or self defense purposes due to its poor quality of construction, inaccuracy, and lack of essential safety features. Definitions are from or adapted from Federal and State Codes (a jurisdiction's laws should be consulted for specific definitions). Background Federal prohibitions The Gun Control Act(GCA), 18 U.S.C. 922(d), prohibits the transfer of any firearm to any person who -- * is under indictment for or has been convicted of a crime punishable by imprisonment for more than 1 year; * is a fugitive from justice; * is an unlawful user of or addicted to any controlled substance; * has been adjudicated as a mental defective or committed to a mental institution; * is an alien unlawfully in the U.S. or admitted under a nonimmigrant visa; was discharged from the armed forces under dishonorable conditions; has renounced U.S. citizenship; * is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child of an intimate partner; 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 old or a handgun to a person less than 21 years old. It is unlawful, with limited exceptions, for any person to transfer a handgun to a juvenile (under 18). (18 U.S.C. 922 (b) and (x)). Brady interim system In 1993 the Brady Handgun Violence Prevention Act (Brady Act) amended the Gun Control Act to provide a method for blocking transfers to prohibited persons. From February 28, 1994, until November 30, 1998, the interim provisions of the Brady Act, 18 U.S.C. 922(s), required an FFL to request a background check on a prospective handgun purchaser by the Chief Law Enforcement Officer(CLEO) of the jurisdiction where the licensee operated. A handgun could be transferred if a denial was not transmitted within 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 The permanent provisions of the Brady Act, 18 U.S.C. 922(t), required establishment of the National Instant Criminal Background Check System (NICS) by November 30, 1998. The U.S. Department of Justice, with the States, developed the system during the 57-month interim period. The NICS allows a licensee to contact the system by telephone or other electronic means for information, to be supplied immediately, on whether receipt of a firearm by a transferee would violate Federal or State law. In addition to regulation of handgun sales, the permanent provisions mandate background checks on long gun purchasers and persons who redeem a pawned firearm. A licensee has the option of requesting a check on a person who attempts to pawn a firearm. A NICS check by a dealer is not required if a transferee presents a State permit qualified by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as an alternative to the point-of-transfer check. Qualifying permits are those which: allow a transferee to possess, acquire, or carry a firearm, and 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 December 31, 2005, 18 States authorized permits that exempted the holder from a NICS check. Prior to initiating a NICS check, a licensee must receive a completed Firearm Transaction Record (ATF Form 4473) and verify the transferee's identity through a photo identification issued by a government agency. A transferee may also be required to complete a State disclosure form. Submitting false information in regard to a firearm transaction may subject a transferee to arrest and prosecution under Federal law and many State statutes. A licensee initiates a NICS check by contacting either the FBI or a point of contact (POC) agency designated by State government. Most inquiries are conducted by telephone. The FBI provides Internet access to dealers through a program known as "e-check." Computerized access is also available through some POC agencies. All NICS checks by the FBI are without charge; POC fees are determined by State law or agency regulations. The FBI and the POC agencies always check three major Federal databases, the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index. If the transferee is not a citizen of the United States, the NICS will query Bureau of Immigration and Customs Enforcement (ICE) records. A POC may check additional State records. A check may include contacting an agency that maintains a record that the FBI or POC cannot access directly. After a search of available records, the checking agency responds with a notice to the licensee that the transfer may proceed, may not proceed, or is delayed pending further review of the applicant's record. If further review of a record indicates the transfer would not violate Federal or State law, the checking agency notifies the licensee that the transfer may proceed. If the licensee does not receive a response within 3 business days, the transfer may proceed at the licensee's discretion. A NICS regulation requires that POC agencies notify the FBI of all denied and open transactions and any subsequent changes to the status of those transactions. A person who is prohibited from purchasing a firearm may request the reason for denial from the FBI or POC, which has 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 may be directed to the FBI, which will contact the denying agency or the source of the record. A person who is denied by a POC may also have appeal rights pursuant to State law. NICS denial data are electronically transmitted by the FBI on a daily basis to ATF's Brady Operations Branch, which screens the data and refers potential violations to ATF field divisions. Referrals to ATF include cases where the FBI discovers that a firearm was transferred to a prohibited person. An ATF investigation may result in retrieval of the firearm or a transfer back to the dealer. In addition to background checks related to firearm transfers, the NICS Index may be accessed for information related to a permit or license for explosives, or in response to ATF inquiries regarding enforcement of Federal firearms laws. State involvement in firearm transfer regulation Each State determines the extent of its participation in the NICS process. Three basic forms of State involvement currently exist: a POC requests a NICS check on all firearm transfers originating in the State; 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 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. During the survey period the FBI assumed responsibility for all Georgia checks and for New York handgun transfer checks. As of December 31, 2005, handgun transfer checks were conducted by the FBI for 29 States and by POC agencies for 21 States; long gun transfer checks were conducted by the FBI for 37 States and by POC agencies for 13 States. In a few States the FBI conducts the NICS check on certain pawn transactions instead of the POC. Most States have designated a single agency with statewide jurisdiction as their NICS point of contact. Some States have multiple points of contact, which are usually county sheriffs or municipal police departments. Local agencies access the NICS through a State interface. In addition to transfer checks, POC agencies may also conduct NICS checks on persons who apply for a State permit required to receive a firearm. Agencies that issue ATF-qualified permits usually request a check by sending information (such as fingerprints) to the FBI. The NICS process does not automatically supplant State firearm transfer regulations. State background check and permit statutes that existed before the effective date of the NICS remain in force unless repealed by legislative action or allowed to expire. The background check requirements of the Brady Act are the prevailing minimum nationwide. Some States have enacted additional requirements. Most background checks required by State laws are conducted by agencies that also serve as NICS points of contact. However, transferees in eight States are required to undergo two checks conducted by different agencies. Seven States (Delaware, Indiana, Massachusetts, Minnesota, Missouri, New York, and Rhode Island) have checking agencies that are not points of contact and licensees in these States must contact the FBI for NICS checks. In New Jersey the local agencies that conduct permit checks are not points of contact and licensees must contact the State Police for NICS sales checks. 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: FBI: BJS: Firearm sales topics–State law Prohibited persons The categories of prohibited persons in the Federal Gun Control Act (GCA) are the prevailing minimum nationwide (see Background). Firearm transfer to or possession by such persons is unlawful. State statutes may include additional or more restrictive prohibitions. These prohibitory laws are intended to prevent firearm possession or purchase by persons believed to be incapable of handling a weapon in a safe and legal manner. In some cases Federal and State laws allow a prohibited person to regain firearm rights. The most common categories of prohibited persons are described below. The number of States that have enacted each type of prohibition is listed in parentheses. Felons (49 States)-— Generally, a felony is an offense that carries a penalty of incarceration for more than 1 year. The GCA prohibits a person who is under indictment for or has been convicted of a crime punishable by imprisonment for more than 1 year. A crime is not within this prohibition if it is an offense related to the regulation of business practices or a State offense classified as a misdemeanor and punishable by imprisonment of 2 years or less. A conviction is not prohibitory if it was expunged or set aside, or if the offender was pardoned or had civil rights restored. See 18 U.S.C. 921(a)(20). A conviction in a foreign court is not prohibitory. Although statutory definitions vary widely, the laws of 49 States prohibit firearm purchase or possession by at least some categories of felons. Some statutes disqualify all convicted felons from firearm possession. Other statutes disqualify persons who committed specific felonies, which may be enumerated in the statute or categorized by terms such as "crimes of violence," "serious offenses," or "firearm offenses." Many statutes extend purchase or possession restrictions to persons convicted of a felony or a similar offense in other jurisdictions. Only Vermont lacks a statute that bars firearm possession by a convicted felon. Federal relief from firearm disabilities may be obtained through a presidential pardon or an ATF decision. Nearly all States allow firearm rights to be regained by a pardon or restoration of civil rights, or by expungement or set aside of a conviction (see Jurisdictional summaries). Restoration of State firearm rights may be obtained from the Governor or through a court order, an administrative proceeding, or the passage of a certain number of years after conviction or discharge from a sentence without further violations. Many States require several steps before rights are restored. For example, a person who obtained a pardon or has not committed a new offense for a specified number of years may be required to petition a court for an order that restores firearm rights. The method of restoration may depend on the type of offense that was committed. In some States certain offenders can never regain the right to possess a firearm. State relief from firearm disabilities does not automatically restore rights under Federal law or in another State. A State proceeding that does not fully restore the right to possess or receive firearms is insufficient to remove a Federal disability (27 CFR 478.142). Besides restricting the rights of convicted felons, 12 States prohibit firearm purchase or possession by at least some persons who have been charged with a felony. Colorado and Florida extend the prohibition to persons who have been arrested for certain disqualifying offenses. Firearm rights are restored in these States if an arrest or criminal charge does not result in a disqualifying guilty plea or conviction. Misdemeanor offenders (26 States)-— Generally, a misdemeanor is a crime punishable by incarceration for less than 1 year. A few States have offenses defined as misdemeanors that are punishable by incarceration for more than 1 year. The types of misdemeanor-level offenses included in prohibitory statutes vary widely. Federal law and a few State codes only prohibit a misdemeanor offender who has been convicted of an act of domestic violence (generally, an assault against a spouse, an intimate partner, or a child). Several other States deny a misdemeanor offender who has been convicted of any crime of violence or a firearm offense. Requirements for misdemeanor offenders to regain firearm rights after a conviction are generally less stringent than those for felons. A few States disqualify persons who have been arrested for or charged with certain misdemeanors. Fugitives (13 States)-— The GCA, at 18 U.S.C. 921 (a)(15), defines "fugitive from justice" as any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding. Most States apply a similar definition and some limit the prohibition to persons who are wanted for certain types of offenses. Mentally ill (33 States)-— The GCA prohibits firearm possession by a person who has been adjudicated as a mental defective or committed to a mental institution. Only an ATF ruling may grant relief from this prohibition. The definition of "adjudicated as a mental defective" (27 CFR 478.11) includes a person who is found by a court or other authority to be a danger to himself or others, unable to manage his own affairs, insane in a criminal case, incompetent to stand trial, or not guilty by lack of mental responsibility. "Committed to a mental institution" includes an involuntary commitment by a court or other authority, but does not include a voluntary admission. State definitions of disqualifying mental illness are generally similar to the Federal definition although a variety of terminology is used. Some States list specific court orders that will cause a mental illness prohibition. A person who is prohibited may be able to regain firearm rights if a certain number of years have elapsed after discharge from a mental institution, or if documentation from a mental health professional demonstrates that the person's condition has stabilized. Subject to a restraining order (22 States)-— A person prohibited under this category is usually subject to a court order (entitled restraining order, protection order, injunction, etc.) intended to prevent domestic violence. The applicable orders commonly restrain the subject from contacting or harming a spouse, former spouse, child, domestic partner, or other intimately related person. A prohibitory order may also restrain other types of unlawful conduct such as the intimidation of a witness in a criminal case. In a few States the prohibition attaches if the order specifically bars the subject from possessing firearms. A statute may provide that the order becomes prohibitory when it is issued after a hearing with the subject present (instead of ex parte) or entered into a law enforcement information network. The prohibition will be in effect for the duration of the order, which may be temporary. Drug or alcohol abusers and offenders (drug, 30 States; alcohol, 20 States)-— Many States prohibit persons convicted of drug sale or possession offenses, either through a statute that lists a variety of disqualifying offenses or by way of a separate statute. A few statutes disqualify persons who committed offenses involving alcohol, such as driving while intoxicated. Generally, drug and alcohol offenders may regain firearm rights in the same manner as other prohibited offenders. Another common prohibition involves persons addicted to drugs or alcohol, who are described by terms such as "addicted to a controlled substance," "habitually intoxicated," or "chronic alcoholic." In several States a firearm cannot be transferred to or possessed by a person who is intoxicated. Minors (49 States) — The firearm rights of minors are often restricted solely on the basis of age. State laws include prohibitions on purchase or possession of firearms by minors and prohibitions on transfer of firearms to minors. Some of these laws predate the enactment of federal minimum ages for possession and purchase of firearms. Limitations based on age apply to handguns in 49 States and to long guns in 38 States. The minimum age for unrestricted purchase and possession of a handgun by a minor is usually 18 (28 States) or 21 (17 States). The minimum age for unrestricted purchase and possession of a long gun by a minor is usually 18 (31 States), with other minimum ages ranging from 12 to 21. In Rhode Island a person under age 18 must have a permit to participate in legal firearm activities. The laws provide for numerous exceptions to prohibitions based solely upon age. Generally, possession of a firearm is permissible when a minor is engaged in educational or recreational activities under the supervision of a parent, guardian, or certified firearms instructor. Juvenile offenders (27 States)-— Statutes in this category prohibit persons who were adjudicated delinquent or committed an act as a juvenile that would have been a disqualifying offense if committed by an adult. A juvenile offender's access to all firearms is restricted in 23 States and access to handguns is restricted in 4 additional States. (See table 5.) The prohibitions usually continue into early adulthood or until the person regains firearm rights through a pardon, court order, or other process. In several States persons who committed juvenile offenses must follow the same restoration of rights procedures available to adult offenders. Aliens (15 States) — The Gun Control Act prohibits transfer of a firearm to a person who has entered the United States illegally or has been admitted under a nonimmigrant visa. Pursuant to the Immigration and Nationality Act, a nonimmigrant visa may be issued to an alien who is allowed to reside or travel in the United States temporarily. See 8 U.S.C. 1101(a)(15), (26). Certain aliens admitted under a nonimmigrant visa are exempt from the firearm restrictions. 18 U.S.C. 922(y)(2). Among the States Massachusetts prohibits issuance of a license to carry or a firearm identification card to an alien; Hawaii (with exceptions) and Missouri require a purchase permit applicant to be a United States citizen. In 12 other States firearm purchase or possession by an illegal alien is prohibited. Hawaii, Massachusetts, and Washington allow certain aliens to apply for a permit to possess a firearm. Other restrictions Additional categories of prohibited persons are defined in State statutes, including persons who have failed to complete a firearm safety course, or renounced their citizenship, or were dishonorably discharged from military service. In addition, several States penalize a "straw purchase," an attempt to buy a firearm on behalf of a known prohibited person. (See Jurisdictional summaries for details.) Between July 1, 2004, and December 31, 2005, 14 States enacted prohibited person legislation, including four new laws that concerned protective orders. New categories of prohibited persons included aliens in Arizona, domestic violence offenders in South Dakota, and persons convicted of stalking in Tennessee. Four States enacted new legislation regarding restoration of firearm rights. Prohibitory records Record systems are necessary to identify persons who are ineligible to receive and possess a firearm. Prohibitory records are maintained by Federal, State, tribal, and local agencies, and may be computerized or on paper. These records may be in a database that is used for a variety of law enforcement purposes or in a specialized database that is used only for background checks on firearm purchase or permit applicants. The most common types of prohibitory records are summarized below. Criminal history All States maintain a central repository with criminal history records that include, at a minimum, felony arrests and dispositions. The first entry for a subject is normally an arrest record supported by fingerprints. Subsequent dispositions that may be recorded include dismissals of charges, guilty pleas, convictions, acquittals, admissions to and discharges from correctional facilities, and probation and parole events. Criminal history repositories also record modifications such as an expungement or a set aside of a conviction, a pardon, or a restoration of civil rights. Agencies that submit records to the repositories include police and sheriffs' departments, courts, prosecutors, jails, and prisons. State criminal record systems differ in regard to procedures, the extent of automation, and the completeness and accessibility of the data. Forty-nine States, the District of Columbia and Puerto Rico had automated at least some criminal history records by December 31, 2003. See Survey of State Criminal History Information Systems, 2003, . Domestic violence misdemeanors Forty-five States and the District of Columbia are able to distinguish between felony and misdemeanor records in the central repository (Improving Criminal History Records for Background Checks, ). Because Federal law prohibits a transfer of a firearm to a person who was convicted of a domestic violence misdemeanor, all States need to identify such convictions in their criminal records. However, a conviction that results from a domestic violence incident is only prohibitory if it falls within the specific definition found at 18 U.S.C. 921(a)(33). A State prohibition may be triggered by a domestic violence offense with a definition that differs from Federal law. Domestic violence misdemeanor convictions may be identified from criminal history records in 44 States. (See table 13.) These convictions must be distinguished in the records from misdemeanors that are not prohibitory. Most States identify prohibitory convictions by use of a "flag," a record entry that denotes the offense as being the result of a domestic violence incident. A few States have criminal laws that apply only in domestic incidents, with convictions pursuant to these laws identified in the records by an offense code. If a central repository record does not clearly indicate that a misdemeanor conviction resulted from domestic violence, a checking agency may obtain further information from the court that submitted the record. For example, court records may disclose the relationship of the victim and the perpetrator. Restraining orders An order that restrains acts of domestic violence or other unlawful conduct is issued by a judge and usually entered by court or law enforcement personnel into a State system or NCIC or both. Forty-three States utilize a centralized court administrative file or a statewide law enforcement network to record orders. Maintenance of a registry includes procedures to remove orders that have expired. Federal law requires all States and Indian tribes to accord full faith and credit to protection orders issued by courts of other States or tribes if certain conditions are met. The NCIC protection order file receives entries that meet Federal criteria from 46 States, including 7 States that do not have their own registry of orders. Mental illness Federal and State prohibitions encompass a variety of civil court orders, including a commitment to a mental hospital and a finding that a person is incompetent to manage his or her affairs. A prohibition may also be caused by a disposition in a criminal prosecution, such as a finding of incompetence to stand trial or a verdict of not guilty by reason of insanity. A criminal case disposition is usually reported by the trial court to the State's central records repository. Civil commitment records are often protected from disclosure by privacy laws. However, some States have enacted laws (cited in appendix tables A, B, and C) that allow such records to be used for determining whether an individual is eligible to purchase a firearm or receive a permit. Twenty-three States have a database containing prohibitory mental illness records that are submitted by courts or treatment facilities. The records are maintained by a statewide checking agency or a mental health department. A variety of dispositions are recorded in these databases, with mental hospital commitments being the most common. In addition, 24 States reported that prohibitory mental illness dispositions may be found within the central repository's criminal history records. Insanity and incompetent to stand trial findings are the most prevalent dispositions in State criminal records. In a few States an agency conducting a background check may obtain data directly from a local court or mental health facility. Other State records Centralized data on fugitives from justice is maintained by 46 States and 21 States have records on juvenile offenders or persons who were adjudicated delinquent. Several States have specialized data, such as a file that is used to enforce a purchase limit of one handgun per month. Federal databases The Federal system for background checks on firearm applicants primarily depends on three databases administered by the FBI: the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index. Checking agencies normally access NCIC and III, and NICS point of contact agencies also access the NICS Index. If the transferee is not a citizen of the United States, the NICS will query records of the Bureau of Immigration and Customs Enforcement (ICE). NCIC contains supervised release, federal prisoner, protection order, foreign fugitive, immigration violator, wanted person, secret service, violent gang and terrorist, and sexual offender files. The III is a national system which points to States with a criminal history record on an individual. The NICS Index contains records of persons prohibited by Federal law from receiving a firearm and includes controlled substance, mental defective, illegal alien, dishonorable discharge, citizenship renunciation, and denied person files. Alien registrations and admissions and other records are contained in several databases managed by ICE. Federal, State, tribal, and local agencies supply information to NCIC and the NICS Index pursuant to law or on a voluntary basis. During the survey period Connecticut and Georgia enacted laws that authorize a State agency to share information with the NICS. Impediments to record checks The absence of flags, missing dispositions, insufficient details on relationships between victims and offenders, and other incomplete records issues are the most common impediments to identifying domestic violence misdemeanor convictions in State databases. Incomplete records are also the most common difficulty encountered by statewide restraining order repositories, mainly due to the inability of courts to provide all necessary information to the repositories. Checking agencies' ability to retrieve complete and accurate mental illness data is significantly affected by the absence of interfaces between mental health databases and criminal history repositories, the lack of biometric identifiers in the records, incomplete automation of record systems, and privacy laws. The impediments to checking agency access also inhibit the ability of States to send records to NCIC and the NICS Index. See Improving Access to and Integrity of Criminal History Records, . Record improvements The number of criminal history records held by State repositories increased from over 64 million at yearend 2001 to 71 million at yearend 2003. During the same period automation of criminal records increased from 90% to 94%. About 75% of the automated records were accessible through III at yearend 2003 (available at ). Types of firearms A typical definition of a firearm is "any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive." 44 U.S.C. 921(a)(3). Firearms may 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 the Glossary on page 2 for definitions.) State codes sometimes divide firearms into categories based upon the length of the barrel. The sale and possession of handguns is extensively regulated because a handgun can be easily concealed upon a person and is carried during the overwhelming majority of crimes committed while the offender is in possession of a firearm. A survey of inmates who carried a firearm while committing a crime found that 83% of State inmates and 87% of Federal inmates possessed a handgun during their offense (Firearm Use by Offenders, ). Long guns are used much less frequently in crime and are subject to less extensive regulation than handguns. Certain types of firearms are regulated because they are deemed by legislators to be inappropriate for self-defense or sporting purposes. The sale and possession of assault weapons, machine guns, short-barreled ("sawed-off") rifles and shotguns, and unsafe handguns is often prohibited or allowed only in limited circumstances. Federal law and the laws of 43 States either prohibit, severely restrict, or require registration for at least one type of firearm. Exceptions to restrictions on certain types of weapons are often allowed for law enforcement officers and firearm collectors. An assault weapon may be a handgun or long gun, but is distinguished by the presence of special features common to military weapons. The most common features of an assault weapon are a semiautomatic firing mechanism that 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. Nine States regulate assault weapons either by enacting a list of makes and models that are banned or restricted, or by statutorily defining the attributes of a prohibited firearm. The Federal assault weapons ban expired on September 13, 2004. During the survey period Massachusetts passed an amendment to keep its assault weapons law in effect and California added .50 BMG rifles to its roster of regulated weapons. A machine gun (automatic firearm) will automatically fire more than one bullet, without manual reloading, by a single function of the trigger. Like assault weapons, machine guns are designed to rapidly fire a high volume of ammunition. Federal law, 18 U.S.C. 922(o), provides that it shall be unlawful for a person to transfer or possess a machine gun, unless it was lawfully possessed before May 19, 1986. In addition, 39 States regulate machine guns. A short-barreled rifle has one or more barrels less than 16 inches in length or has an overall length of less than 26 inches due to modification. A short-barreled shotgun has one or more barrels less than 18 inches in length or has an overall length of less than 26 inches due to modification. Short-barreled rifles and shotguns (and machine guns) must be registered pursuant to Federal law, 26 U.S.C. 5841. Thirty-three States regulate short-barreled rifles and 40 States regulate short-barreled shotguns. An unsafe handgun ("Saturday night special" or "junk gun") has a barrel length under 4 inches, is easily concealable, and is not effective for sporting or self defense purposes due to its poor quality of construction, inaccuracy, and lack of essential safety features. Seven States forbid sales of handgun models that are determined to be unsafe. The quality of a handgun's construction is determined by its melting point or by technical standards found in State codes. Other weapons that may be prohibited include zip guns and firearms that are made for silent discharge or that cannot be detected by airport security devices. ` The primary focus of this report is upon regulation of transfers involving handguns, long guns, and assault weapons. Methods of regulating various types of firearms are described in Regulated sales and Approval systems. Types of firearms that are exempt from regulation in many jurisdictions are generally not discussed in this report. These types include antique, curio, and replica firearms, and weapons that have been rendered permanently inoperable. Terms such as firearm, handgun, long gun, and assault weapon, as defined above, are generally used throughout this report to facilitate comparisons between the laws and procedures of the jurisdictions summarized. However, terms and definitions used in firearm codes vary considerably by jurisdiction. For the sake of clarity, several of the summaries use terms and definitions specific to a particular jurisdiction. Readers are advised to consult a jurisdiction's laws for a complete understanding of its terminology. (Citations are included in the jurisdictional summaries, table 5, and appendix tables A, B, and C.) Regulated sales Firearms are usually sold at retail 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 displays by licensed and unlicensed sellers. In addition to sales and gifts, firearms may be transferred in pawn transactions, where a weapon is pledged as collateral for a loan and redeemed when the loan is repaid. Statutes that require prospective purchasers to obtain a permit or undergo a background check usually allow exemptions for certain types of persons or transactions. Common exemptions are those for purchases by law enforcement officers, transfers of antique and replica firearms, and gifts or loans of firearms from parents or guardians to minor children. Dealer transfers The Brady Act requires a Federal Firearms Licensee (FFL) to request a NICS check on all persons who purchase a firearm or redeem a pawned firearm (see Background). In addition to the Federal system, 30 States require licensed dealers to request a background check or review a prospective buyer's permit. Of these States 19 regulate dealer transfers of all types of firearms, 2 regulate dealer transfers of handguns and assault weapons, and 9 regulate only handgun transfers by dealers. Several States regulate pawn transactions in the same manner as sales-— by licensing pawnbrokers and requiring a background check on a person who redeems a firearm. 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 10 regulate private transfers of all types of firearms, 1 (Maryland) regulates private transfers of handguns and assault weapons, and 6 regulate only handgun transfers. Fifteen States regulate all private sales. Colorado and Oregon only regulate private sales that occur at gun shows. Delaware, Nevada, and Oregon allow unregulated private sellers the option of requesting a check on a purchaser. Gun shows Eight 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 and Illinois; 25 or more pistols or revolvers or 50 or more firearms, rifles, or shotguns in New York). Some laws also define a gun show according to the number of vendors who are exhibiting firearms for transfer. State laws regulate gun show organizers, vendors, and buyers. For example, California requires a show organizer to obtain a certificate of eligibility from the Department of Justice, provide local law enforcement with a list of the show's sellers, and exclude minors unless they are accompanied at all times by a parent or guardian. Maryland requires unlicensed gun show sellers to obtain a temporary transfer permit from the State, have a fixed display, and comply with all restrictions imposed upon dealer transfers. Any person who sells a firearm at a Virginia gun show must submit to a background check and obtain a seller identification number from the State Police. Colorado, Connecticut, Illinois (as of July 29, 2005), New York, and Oregon require vendors to request an instant check on every unlicensed person who attempts to make a purchase. Colorado and New York require a show organizer to secure the presence of at least one licensed dealer to process the background checks. In Connecticut, Illinois, and Oregon, any seller may contact the State checking agency directly. Residency rules The Gun Control Act generally prohibits interstate transfers of firearms between unlicensed persons (18 U.S.C. 922(a)(5)), a prohibition intended to channel interstate transfers through licensed dealers who are subject to scrutiny by ATF. A licensed dealer generally cannot transfer a firearm other than a rifle or shotgun to an unlicensed person who does not reside in the State where the licensee's place of business is located. A rifle or shotgun may be transferred in person by a dealer to a nonresident if the transfer complies with the laws of the State where the dealer's place of business is located and the State where the purchaser resides. (18 U.S.C. 922(b)(3).) To ensure compliance with Federal law, many States have passed statutes that allow nonresidents to purchase long guns. Three States (Maryland, Missouri, and Virginia) require fixed periods of residency, ranging from 1 to 6 months, before a person may purchase certain firearms. Residency rules are intended to prevent nonresidents from purchasing and reselling firearms that they could not obtain in their home State. A State POC may opt to receive notification from NICS when a resident of their State attempts to purchase a rifle or shotgun in another jurisdiction (known as "long gun notification"). The POC agency may have access to a record on the prospective purchaser that is not available to the checking agency in the other jurisdiction. Handgun purchase limits Federal law does not restrict the frequency of firearm acquisition or the quantity of firearms that may be acquired. However, a handgun purchase limit of one per month prevails in California, Maryland, and Virginia. These limits are intended to deter persons who would purchase large quantities of handguns for resale to prohibited persons. Approval systems Over 3,000 State and local agencies are required by law to determine the eligibility of persons who apply to receive a firearm or a permit that may be used for a purchase. Systems for determining the legal eligibility of prospective purchasers may generally be classified as "instant approval," "purchase permit," "exempt carry permit" or "other approval" systems. Of the 28 States that require a background check or a permit for a buyer, 15 have instant approval, 12 utilize purchase permits, and 5 maintain other approval systems. Connecticut, Illinois, and New Jersey are each counted twice because these States operate permit and instant approval systems. Minnesota allows purchasers the options of obtaining a 1- year permit or undergoing a background check for a single purchase transaction (the "other approval" process). Exempt carry permits, issued in 17 States (see appendix table D), are not required for purchase but may be used to exempt the holder from a background check at the point of sale. Instant approval This type of system allows a licensed firearms dealer to contact a checking agency by telephone or other electronic means and receive a response immediately, or as soon as possible without delay, as to whether a prospective purchaser is ineligible under law. Five instant approval systems (Colorado, Connecticut, Illinois, Oregon, and Pennsylvania) require some unlicensed sellers to request a check from a statewide agency. Unlicensed sellers either contact the checking agency directly or request a check through a licensed dealer or police station. Instant approval laws usually allow a firearm to be transferred when the checking agency informs the seller that the transfer may proceed or if no response is received by the seller within 3 business days. A few States require all applicants to wait a certain length of time before receiving a firearm (see Waiting periods). All States with instant approval systems have a NICS point of contact (see Background) except Delaware. On July 1, 2005, Georgia discontinued its instant check operations. A Georgia FFL is now required to contact the FBI for a background check. Purchase permits These documents are issued by a government agency after a background check and must be presented to a seller in order to receive a firearm (the required documents have a variety of titles, such as license or identification card, but all are referred to below as "permits"). The period that a checking agency may investigate a permit applicant ranges from 2 days in Nebraska to 180 days in New York. Most purchase permit systems allow a checking agency 7 to 30 days to approve or deny an application. A few States mandate a waiting period after a permit application is filed and before the permit may be issued or a firearm may be acquired. Federal law does not mandate a permit to purchase firearms. Twelve States administer purchase permit systems that regulate sales of handguns. Four of these States also require a permit to purchase a long gun. Minnesota's permit is required for purchase of a handgun or an assault weapon. In addition to the handgun and long gun permits, seven States require special permits in order to acquire or possess certain types of firearms, such as machine guns, that are generally prohibited (see Jurisdictional summaries). The handgun and long gun purchase permits vary according to the duration of a permit and the number of firearms that can be purchased at one time or during the tenure of a permit. Most handgun permits have a duration of between 10 days and 1 year, with a few remaining in effect for a longer duration. Long gun permits generally remain effective for a longer period than handgun permits. New Jersey's identification card for long guns remains in effect until revoked for a violation of law; among the other three States with long gun permits, the duration ranges from 1 to 5 years. Generally, permits with a lengthy duration may be revoked by the issuing agency if the holder is convicted of a crime or otherwise becomes ineligible to possess a firearm. The number of handguns that may be purchased by one person is sometimes limited by a State permit. In seven States, only one handgun may be purchased with a permit. Six of these States mandate a new permit for a second handgun, while New York requires an amendment to the purchaser's handgun license. Five States allow unlimited handgun purchases during the effective period of a permit. Unlimited purchases of rifles and shotguns are allowed in the four States that issue long gun permits. In six States holders of purchase permits must undergo another background check before receiving a firearm from a licensed dealer. Connecticut and Illinois mandate the additional check by statute; in Massachusetts, Minnesota, Missouri, and New Jersey, purchasers must undergo a NICS check requested by a dealer because their purchase permits have not been qualified by ATF as an alternative to the NICS requirements (see Background). Exempt carry permits These documents primarily allow holders to carry a concealed firearm, but also may be used as purchase permits. A carry permit is exempt pursuant to Federal law if ATF determines that the permit meets the requirements of the Brady Act. Some carry permits may be used to exempt the holder from a background check required by State law. In addition, a few States exempt certain permit holders from waiting period requirements. Overall, 44 States require a concealed firearm permit. Four States generally prohibit carrying a concealed firearm. A firearm may be carried without a permit in Vermont and Alaska (an Alaska concealed handgun permit may still be obtained in order to purchase firearms without a new background check or receive reciprocity from another State). Exempt carry permits were issued in 17 States as of December 31, 2005. Beginning October 19, 2005, ATF decisions changed the status of carry permits in three states. Holders of Georgia and Nevada concealed handgun permits were no longer allowed to purchase a firearm without a new NICS check. (However, ATF restored the Nevada permit's status as a NICS alternative on January 5, 2006.) Alaska now has two types of concealed handgun permits: "NICS exempt" and "not NICS exempt." Agencies that issue exempt carry permits usually have between 30 and 120 days to approve or deny an application. States that authorize carry permits are generally categorized as having either a "shall issue" or a "discretionary" system. The former system mandates issuance of a permit if no statutory reason for denial is revealed during a background check of the applicant. The latter system allows the issuing officer to consider the applicant's history, character, and intended purpose for carrying a firearm. Most exempt carry permits are valid for 4 or 5 years. Generally, a permit may be revoked by the issuing agency if the holder becomes ineligible to carry a concealed firearm. Other approval systems These systems combine some of the characteristics found in instant check and permit systems. Generally, sellers are required to convey purchaser information to a checking agency by mail, telephone, or other electronic means. Three of five other approval systems require licensed dealers and private sellers to request background checks. The California and Maryland systems function as NICS points of contact. In other approval systems the checking agency is not required to respond immediately to the seller, but must respond within a waiting period or other statutory time limit. The applicable time periods for a response range from 7 to 10 days. These systems usually allow a transfer to proceed if the seller has not received a response from the checking agency by the end of the applicable period. Checking delays Several States allow an extension of the time available to complete a background check if specific circumstances are present. For example, if an applicant's history includes a felony arrest without a recorded disposition, the checking agency may be granted additional time to contact the agency that originated the record and inquire about the outcome of charges against the applicant (for more details, see Checking process). In a few States the checking agency is allowed more time to investigate an applicant who resides in another jurisdiction. Waiting periods A waiting period is a length of time after a firearm purchase application is filed with a seller or a permit application is filed with a law enforcement agency, that 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. Mandatory waiting periods should be distinguished from the time periods allowed for checking agency inquiries into an applicant's background (see Approval systems). Twelve States require waiting periods, ranging from 1 to 14 days. Of these States 11 require a waiting period for handgun permits or purchases, 2 include assault weapons, and 5 include long guns within their waiting period regulations. Exemptions from waiting periods have been enacted in some States for law enforcement officers, holders of valid carry permits, or other specific classes of persons who have demonstrated the ability to handle a firearm responsibly. Several States mandate both a waiting period and a time limit on inquiries by a checking agency, which may or may not be the same length of time. The Brady Act provides 3 days for a checking agency to respond to an inquiry from a licensed dealer, but does not mandate a waiting period for purchasers (see Background). The sole change to waiting period laws between July 1, 2004, and December 31, 2005, occurred when South Dakota made its 48-hour wait applicable only to pistol sales by licensed firearms dealers. 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 application and background check stages. Application Federal and State laws require prospective firearm purchasers to provide information that is needed to initiate a background check. In order to receive a firearm from a licensed dealer, federal law requires submission of a Firearm Transaction Record, ATF Form 4473. The form requires the buyer's full name, residence address, place of birth, height, weight, gender, date of birth, race, State of residence, country of citizenship, and alien or admission number. A Social Security Number is optional. A few instant approval systems only require information from the ATF form, but most require the completion of an additional form as well. All purchase permit systems require specific information from applicants except in North Carolina, where the county sheriff is allowed to determine what information is necessary. State laws vary widely in regard to the types of information required from applicants. Depending on the type of approval system, checking agencies receive applicant information in person or by mail, telephone, or the Internet. Federal law, at 18 U.S.C. 922(a)(6), makes it unlawful to acquire or attempt to acquire a firearm by making a false statement or furnishing false identification to a licensee. Twenty-seven States have similar laws (see appendix table C). Attempting to obtain a firearm or a permit under false pretenses may be grounds for denial of an application, or subject the applicant to a fine or incarceration. The laws of 20 States allow a checking agency to charge a fee for processing a sale transaction or issuing a purchase permit. Seven States do not charge a fee for a background check that is related to a sale transaction. Fees charged at the point of sale (usually collected by dealers and remitted to the State) range from $2 in Illinois, Pennsylvania, and Virginia to $25 in California and Nevada. Checking agencies in Michigan and Minnesota do not charge for a purchase permit. Hawaiian checking agencies collect a fee from first-time applicants but do not charge for permit renewals. Fees charged for purchase permits range from $5 in a few States to $100 for a firearm identification card or a license to carry in Massachusetts. Several States include a charge that covers fingerprint processing by the FBI. In some States the checking agency can adjust the amount of the fee or is given discretion as to whether any fee will be charged. Background check Many agencies that issue purchase or exempt carry permits initiate a check by sending an applicant's fingerprints to a State unit or the FBI or both. The prints are compared against arrestee records already on file. Instant check systems compare the applicant's name and other identifying information against computerized prohibitory records. Generally, the automated agencies conduct a single background check that incorporates Federal and State requirements for each transaction. A background check may also involve obtaining a record that is not available in a national or statewide electronic database. A sheriff's office or police department may search county court files or other local records. If an electronic record is not complete, the agency that created the original record may be contacted to find out if it has been updated. The effectiveness of background checks is affected by the degree of automation involved, the types of prohibitory records available, and the extent to which the records are complete. The time an agency needs to obtain complete information may be lengthened if records on an applicant are maintained in another jurisdiction. A delay may also occur if research is needed to determine whether an entry on an applicant's record disqualifies the person from receiving a firearm. Most background checks processed by State approval systems are initiated with information received by telephone or computer from a licensed dealer. State instant approval systems use a variety of terminology, but all generate an initial response to the dealer indicating that the transaction may proceed, may not proceed, or must be delayed pending further research on an applicant's records. If no record retrieval problems emerge, most State instant approval systems are able to process a check and provide a final response to a dealer in less than 5 minutes. Some systems complete the checking process in less than 1 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. Other States have laws and regulations that allow their agencies to deny a transfer if an applicant was arrested for an offense that would be disqualifying upon conviction. A checking agency may continue to research an incomplete record after a dealer has been allowed to proceed with a transfer. If a disqualifying record is found at a later date, 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 (see Actions against denied persons). Transaction and registration records Federal and State laws mandate the information that must be provided by prospective firearm purchasers, the types of information that must be retained or purged by checking agencies, and time periods for saving or destroying records. Some checking agencies receive and retain paper records of permit or purchase applications. Nevertheless, most buyer information is transmitted over the telephone or via computer by a licensed dealer and stored electronically by a checking agency. Retention of information on allowed transactions is often limited by law because of concern for the privacy of lawful firearm owners. In contrast, retention of information on denied transactions is seldom limited, due to its usefulness for judicial and law enforcement purposes. Federal law requires destruction of identifying data from allowed NICS transactions within 24 hours after the dealer is notified of the decision, except in States where a different retention period is mandated by law. The new law applies only to NICS sales transactions, not to alternative permit applications. Federal law does not require purging of data from denied transactions. Thirty States retain records from sales transactions or purchase permit applications. Nearly all instant check agencies retain allowed transaction records for less than 60 days but retain denied transaction records for more than 90 days. In States where county sheriffs or municipal police departments issue permits or purchase approvals, the retention period for transaction records is usually at the discretion of the checking agency. Some State agencies are required to maintain copies of transaction records forwarded by local checking agencies. Records of permit applications or sale transactions are retained by checking agencies in order to monitor agency performance or achieve a law enforcement objective. With computerized checking systems, the complete electronic record of a transaction is generally maintained for a short period of time in order to facilitate audits of system performance or correction of errors. In some States certain information such as a name, approval number, and date from an allowed transaction may be retained for auditing purposes for a longer period than other data about the applicant. Retention of all allowed transaction records is mandated in two States for certain types of firearms: handguns in California and regulated firearms (handguns and assault weapons) in Maryland. Checking agency records may also be referenced in order to verify that licensed firearms dealers are maintaining records as required by law. In States that require a firearm owner to have a license or identification card, records of approved applications are retained in order for law enforcement officers to determine whether a particular person is legally in possession of a firearm. States that require a waiting period retain records of allowed transactions in order to verify that a seller waited the proper length of time before transferring a firearm to the buyer. Records of denied transactions are retained to facilitate appeals, arrests, and prosecutions, and to build databases on prohibited persons. During the survey period Georgia and South Carolina eliminated requirements for retention of purchase records. South Dakota's law on retention of pistol sales records was made applicable only to licensed dealers. Registration records, which normally include information on a firearm and its owner, facilitate tracing of firearms that are resold illegally, used in a crime, or stolen. Federal law requires registration of a machine gun or a short-barrel rifle or shotgun. Twelve States register at least one type of firearm. The types of firearms most commonly registered by these States are machine guns, assault weapons, and handguns. A few States register short- barrel rifles or shotguns, or all rifles and shotguns. (Statutes requiring registration are listed in appendix C.) The laws of several States prohibit registration of firearms. Appeals of denials Specific procedures for appealing the denial of a firearm purchase or permit are codified in Federal law and in the laws of nearly all States that process background checks. Appeals often serve the practical purposes of resolving questions of identity and updating incomplete criminal history records. Federal law provides the right to challenge a NICS denial by the FBI or a State point of contact (see Background). The most common State procedure provides an appeal to the checking agency for reconsideration of a denial, and a subsequent appeal to a court. Seventeen States provide an appeal to the checking agency for a person who is denied a firearm purchase or permit. A different group of 17 States provide an appeal to a court. (See table 8.) Connecticut and Pennsylvania provide an appeal to an agency that is separate from the checking unit. Most purchase permit statutes require the checking agency to inform an applicant in writing of the reason for a denial. With instant approval systems an applicant usually is informed of a denial by the dealer who requested the background check. The applicant must then call or write the checking agency to learn the reason for the denial. Statewide checking agencies often have forms available for requesting reconsideration. Some States impose a deadline for filing the initial appeal. Other agencies involved in firearm appeals are those that maintain criminal history, restraining order, mental health, or other records that could disqualify an applicant. The appellant may be required to obtain data from or submit data to the agency that originated a disputed record. Appeals often arise when a denied person claims that he or she is not the individual named in a disqualifying record found by the checking agency. To resolve the identity question, the appellant will ordinarily submit fingerprints (if they are not already on file) which will be checked against Federal and/or State arrestee print records. If the appellant's prints do not match any disqualifying records on file, the denial may 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 may 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. Deadlines for administrative decisions and subsequent appeals by a denied applicant vary widely by State. The vast majority of disputed firearm denials are resolved at the administrative level and are based upon the accuracy of records instead of interpretation of the law. Actions against denied persons A person who is prevented by a background check from receiving a firearm or a permit may be in violation of Federal or State law. A denied person may have acted illegally by submitting false information or failing to disclose required information on an application, by attempting to make a purchase while subject to a prohibition, or by attempting to obtain a firearm on behalf of a prohibited person. Numerous agencies receive notices of denied persons, including special police units, ATF, and agencies with jurisdiction over the location of the transaction (usually a dealer's premises) or the applicant's residence. ATF enforcement NICS denial data are electronically transmitted by the FBI on a daily basis to ATF's Brady Operations Branch. Standard referrals by the FBI contain data on prohibited persons who unlawfully attempted to purchase a firearm. Some prohibited persons obtain a firearm during an "open transaction," where the FBI has not completed a check in 3 business days and the dealer is allowed to transfer the firearm. When the FBI finds a prohibitory record and is informed by the dealer that a transfer occurred, a "delayed denial" referral is made to ATF. Brady Operations searches databases available to ATF for additional data on denied persons referred by the FBI. After an initial screening denials are referred to the 19 of ATF's 23 field divisions serviced by Brady Operations, according to referral criteria for the Federal judicial districts within each division's territory. (The other four divisions' territory is comprised of POC States.) ATF and United States Attorneys have developed referral criteria for all 94 judicial districts that reflect the types of cases most likely to merit prosecution. Cases involving restraining orders, domestic violence misdemeanors, non- immigrant aliens, violent felonies, warrants, and indictments are most often included in referral criteria. In 2005 the FBI referred 67,713 NICS denials to Brady Operations. After screening Brady Operations referred 9,575 denials within the established guidelines to field divisions. Cases that did not meet guidelines were held in a database. The referred transactions included 3,215 delayed denials and 6,360 standard referrals. A NICS coordinator in each ATF division receives and distributes referrals to the appropriate field office. A State point of contact may also refer denials to the nearest field office. Special agents at the field offices verify conviction and prohibition information and conduct additional investigations. The FBI or the POC is notified if ATF determines that a person should not have been denied. In a delayed denial case, the agent contacts the firearm purchaser and seizes or takes an abandonment of the firearm or coordinates a transfer of the firearm to a licensed dealer or to a third party who is not a prohibited person. In POC States a retrieval may be handled by local law enforcement, a statewide firearms unit, or ATF, depending on jurisdiction over the dealer and the applicant. When an investigation is complete, the field office and the U.S. Attorney decide whether the case merits prosecution. A case not deemed appropriate for Federal prosecution may be referred to a State prosecutor. If the U.S. Attorney decides to prosecute, an arrest is made or a warrant is issued. Rejection rates State and local checking agencies received an estimated 3.3 million firearm transfer applications during 2005; an estimated 65,000 applications were rejected, a rejection rate of 2% (FBI checks are not included in these figures). The most common reason for rejection of an application by a State or local checking agency was the applicant's indictment or conviction for a felony offense (46%), followed by a conviction for a domestic violence misdemeanor (12%). (See Background Checks for Firearm Transfers, 2005, .) The 2005 background check statistics included applications for transfers, permits required for transfers, and carry permits that could be used to exempt the holder from a check at the point of transfer. This national estimate combined actual counts from statewide reporting agencies with an estimate for aggregated local agencies. The rejection rates among State and local agencies in 2005 for the various types of firearm approval systems were estimated to be 2% for instant approvals, 2.4% for purchase permits, 1.7% for exempt carry permits, and 1% for other approval systems. Statewide rates The number of applications received and rejected and rejection rates for statewide agencies during 2005 are reproduced in table 1. Twelve instant approval systems varied in rejection rates, ranging from 0.3% in Connecticut to 3.8% in Delaware. Statewide rejection rates for purchase permit applications ranged from 1.3% in Hawaii to 2.6% in Illinois. Rejection rates for nine States that reported exempt carry permit counts ranged between 0.2% in North Dakota to 7.5% in Arizona. Rejection rates were also available for the "other approval" systems in Maryland (1.6%) and California (1.0%). Variations in rejection rates among States may be influenced by many interrelated factors including the type of approval system, the number of years the system has operated, the extent of State firearm regulation, the length of time allowed for an agency to complete a check, the decision process for records with missing dispositions, and the extent of automation of criminal histories and other records. Although the full impact of these factors has not been quantified, a few observations are possible from the limited information available. Among the lowest rates were those of New Jersey (0.3%) and Illinois (0.6%), 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 (1.7%) and Illinois (2.6%). Generally, higher rejection rates occur in States that implemented an instant approval system on or after February 28, 1994, the effective date of the Brady Act. These States include Tennessee (3.5%) and Colorado (3.1%). Approval systems established before passage of the Brady Act tend to have lower rejection rates. In addition to California, Connecticut, Illinois, and New Jersey, these systems include Virginia (1.2%) and Wisconsin (1.5%). Extensive regulation of firearm sales by States with older approval systems may influence rejection rates. As prospective firearm owners become more knowledgeable about laws and procedures in the States with well-established systems, some persons with potentially disqualifying records may be discouraged from applying for a purchase or permit in those States. Rejection rates may be influenced by a State's policy toward applicants who have incomplete records for criminal history and other disqualifying factors. Checking agencies most frequently encounter delays while attempting to determine the final disposition of a criminal charge that is indicated by an arrest, information, or indictment record. If the final disposition cannot be found during the time allowed for a background check, the agency must decide, based on Federal or State law, whether the application will be approved, denied, or delayed pending further research. A State's rejection rate may tend to be low if an approval is mandated and high if a denial is mandated. Some States apply the Brady Act's rule that if a disqualifying record is not found within 3 days, a transfer may proceed. Other States have laws and regulations that allow their agencies to deny or delay a transfer if an incomplete record is being researched when the time limit for a response expires. These types of rules may partially account for the comparatively high rejection rates in States such as Colorado and Tennessee. Local agency rates Rejection rates among local agencies may be influenced by many of the same factors that influence the rates of agencies with statewide jurisdiction. Local agencies that provided data for the FIST project were grouped according to the size of the community they served: small (under 10,000 people), medium (10,000 to 100,000), or large (over 100,000). In 2005 rates varied among local agencies by size of the population served and type of permit. The rejection rate for purchase permits was highest in large communities (3.3%) and lowest in small communities (1%). Exempt carry permits exhibited a similar pattern, with the highest rate occurring in large communities (1.4%) and the lowest rate occurring in small communities (0.6%). FBI rejection rates Among the States for which the FBI conducted all NICS checks in 2005, rates ranged from 2.2% in Arizona and South Carolina to 0.1% in Massachusetts. The rejection rate in Massachusetts may have been extremely low because State law requires that every prospective buyer obtain a permit from a local police department before proceeding to a firearm dealer for a NICS check. The local background check most likely eliminates some applicants before a NICS check is necessary. In Rhode Island, which also requires a local agency check that is separate from the NICS, the FBI rejection rate is only 0.7%. Delaware is similar because the State Police conduct a check that is separate from the NICS process. In 2005 the Delaware State Police reported a rejection rate of 3.8% while the FBI rejection rate for Delaware was 1.4%. Jurisdictional summaries Information included in the Federal and State summaries References on this page to "State" generally include all jurisdictions summarized (the United States and each State, Territory, Commonwealth, and District). Topics listed are not alphabetized; they follow the order of presentation used in the summaries. Laws that apply nationwide are included in the Federal summary and are generally not repeated elsewhere. State participation in the NICS is described in sub-headings for the summaries. Prohibited persons Categories of persons prohibited permanently or temporarily from purchasing, possessing, or transferring firearms. Restoration of rights Pardons, court procedures, or other means by which adult or juvenile offenders can regain the right to possess or purchase firearms. Prohibited firearms Types of firearms that cannot be purchased or possessed by any person or that may only be purchased or possessed pursuant to a limited exception. Regulated sales The scope of firearm transfer restrictions such as background checks, permit and license requirements, residency rules, and handgun purchase limits. Includes types of transferors (licensed or unlicensed), firearms (such as handguns or long guns), and transactions (such as sales or redemptions) that are regulated. Permits Documents (such as a permit, license, or identification card) issued by law enforcement agencies, which are required for the purchase, possession, or carrying of firearms. Background checks Procedures and requirements for conducting criminal history and other checks on firearms purchasers or permit applicants under Federal and State laws, including time limits imposed on checking agencies. Waiting period A period of time after a firearm purchase application is filed with a seller or a permit application is filed with a law enforcement agency, which must expire before transfer of the firearm or issuance of the permit may be completed. Purchaser fees The amounts charged to firearms purchasers for background checks or the issuance of documents needed for purchase. State data Automated and manual prohibited person data that are maintained by State agencies. The data are available to agencies within the State for background checks on firearm buyers or permit applicants and may also be available to agencies outside the State. Local record sources may also be described. Check processing time The length of time needed, on average, for checking agencies to complete background checks on routine transactions and those that require additional research on missing dispositions and other questions. Retention of records Time limits on retention of data from allowed and denied firearm transactions by checking agencies and other agencies, based on Federal or State law or agency policies. Registration State procedures for maintaining permanent records on firearms and firearms owners. Appeals of denials Statutory or administrative procedures for appealing a denial of the right to purchase a firearm or obtain a permit that may be used for a purchase. Arrests of denied persons Arrest and notification procedures followed by checking agencies in regard to persons who are denied a firearm or a permit because they submitted false information or have an outstanding warrant. 2004/2005 legislation Significant changes in laws related to firearm sales that became effective between July 1, 2004, and December 31, 2005. Relevant laws Citations to statutes governing the transfer, possession, and use of firearms. Source of information Agencies that contributed to the survey. Federal system FBI conducts NICS checks 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 age 18 or a handgun to a person under age 21. Further, it is unlawful for any person to transfer a handgun to a juvenile (under 18) or for a juvenile to possess a handgun, except in limited circumstances. Restoration of rights Federal firearm rights may be restored by a presidential pardon or by ATF; agency decisions may be appealed to Federal district court. Prohibited firearms It is unlawful, with limited exceptions, to possess or transfer a machine gun or a firearm not detectable by airport security devices. Regulated sales Record checks through the National Instant Criminal Background Check System (NICS) are required on persons who purchase firearms or redeem pawned firearms from federally-licensed dealers. A licensee has the option of requesting a check when a firearm is pawned. A handgun cannot be transferred by a licensee to a person who does not reside in the State where the licensee's business is located. A long gun may be transferred in person by a dealer to a nonresident if the transfer complies with the laws of the State where the dealer's place of business is located and the State where the buyer resides. An interstate transfer of a handgun or long gun between unlicensed persons is prohibited. Permits Federal law does not require a permit to purchase a firearm. Background checks NICS checks are conducted by the FBI and State point of contact (POC) agencies. The FBI checks handgun and long gun buyers in 29 States and only long gun buyers in 8 additional States. Dealers contact the system by telephone or other electronic means and receive an immediate response as to whether a transfer may proceed, may not proceed, or will be delayed pending further review. If no response is received within 3 business days, the transfer may proceed. Waiting period No Federal requirements. Purchaser fees NICS checks by the FBI are without charge. State laws establish POC fees. Federal data The three major Federal databases are the Interstate Identification Index (III), containing pointers to State criminal histories; the National Crime Information Center (NCIC), which includes protection order, fugitive, and other data; and the NICS Index, which includes mental defective, illegal alien, denied person, and other data. Immigration and Customs Enforcement (ICE) data are queried for non-citizen buyers. Check processing time Over 90% of the inquiries conducted by the FBI in 2005 resulted in an immediate "proceed" response. Retention of records Identifying information on transactions allowed by the FBI is purged within 24 hours. Open transaction information is purged within 90 days. Information on applicants denied by the FBI is retained indefinitely. Registration A short-barrel shotgun or rifle or a machine gun must be registered. Appeals of denials A person who is denied a firearm after a NICS check may appeal to the denying agency (FBI or POC) and may be required to contact the agency that originated the disqualifying record. As an alternative, the appellant can ask the FBI to review a POC denial. A further appeal may be filed in Federal district court. Arrests of denied persons The FBI notifies ATF of NICS denials and persons who obtain a firearm but are subsequently determined to be prohibited. If an applicant has an outstanding warrant, the agency with jurisdiction over the fugitive is notified. 2004/2005 legislation The assault weapons ban expired on September 13, 2004. A new section allows certain law enforcement officers to carry a concealed firearm notwithstanding any State or local law. Relevant laws United States Code 18-922 et seq; 26-5801 et seq. Source of information Federal Bureau of Investigation, NICS Program Office; Bureau of Alcohol, Tobacco, Firearms and Explosives. Alabama FBI conducts NICS checks Prohibited persons State law prohibits ownership, possession, or control of a handgun by a person who has been convicted in Alabama or elsewhere of committing or attempting to commit a crime of violence or is a drug addict or an habitual drunkard. It is illegal to deliver a handgun to any person under the age of 18 or to one who the seller has reasonable cause to believe has been convicted of a crime of violence or is a drug addict, an habitual drunkard, or of unsound mind. Restoration of rights A person who has been convicted of a crime may regain the right to possess a handgun through a pardon. Prohibited firearms It is illegal for a person to possess, obtain, receive, sell, or use a short-barreled rifle or shotgun, except for a peace officer engaged in official duties. Regulated sales All transfers of firearms conducted by a licensed importer, manufacturer, or dealer shall be subject to a NICS check. Residents of adjoining States may purchase long guns in Alabama unless otherwise prohibited. No person shall make any loan secured by a mortgage, deposit, or pledge of a handgun, nor lend, give, or otherwise deliver a handgun contrary to the provisions of the law. A State license is required for retail dealers of handguns. Permits No permit is required to purchase firearms. A permit is required to carry a concealed handgun. Background checks The State is not a point of contact for the NICS. Licensed firearms dealers in Alabama contact the FBI for all checks required by the Brady Act. Waiting period No State requirement. Purchaser fees None. State data Alabama makes fugitive, criminal history, probation/parole, and domestic violence restraining order data available on the statewide computer network. Criminal histories may contain domestic violence misdemeanor convictions (flagged records) and insanity, incompetent to stand trial, and involuntary commitment dispositions. A statewide database of probate court mental health records is maintained for the purpose of supplying data to the NICS. Check processing time Not applicable. Retention of records A form in triplicate is made for every pistol sold by a licensed dealer. One copy of the form shall be sent within 6 hours by registered or certified mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident; the dealer shall within 7 days send the duplicate to the Secretary of State; and the dealer shall retain the triplicate for 6 years. Registration No State requirements. Appeals of denials A person who is denied a firearm by the FBI may appeal under Federal law. Arrests of denied persons Not applicable. 2004/2005 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. Contact Mark Hartley, Criminal Justice Information Center, 770 Washington Avenue, Room 350, Montgomery, AL 36130, (334) 242-4900. Alaska FBI conducts NICS checks Prohibited persons Alaska law makes it a crime for a person to: knowingly possess a handgun after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this State, a court of the United States, or a court of another State or territory; knowingly sell or transfer a handgun to a person who has been convicted of a felony by a court of this State, a court of the United States, or a court of another State or territory; knowingly sell or transfer a firearm to a person whose physical or mental condition is substantially impaired by intoxicating liquor or controlled substances; knowingly sell a firearm to a person under age 18; or possess a firearm as an unemancipated minor under age 16 without the consent of a parent or guardian. A domestic violence protective order may prohibit the respondent from possessing a firearm. Restoration of rights The State allows a convicted felon's right to own a handgun to be restored if the conviction is pardoned or set aside. If at least 10 years have elapsed since the offender's unconditional discharge, firearm rights are restored except for those who committed felony "crimes against persons." Prohibited firearms It is illegal to manufacture, possess, transport, sell, or transfer a prohibited weapon (which includes a machine gun, short-barrel rifle, or short-barrel shotgun), unless it is registered under the National Firearms Act. Regulated sales State law does not require background checks on firearms purchasers. Permits Alaska does not require a permit to purchase firearms. A person who may legally carry a firearm is not required to obtain a permit to carry a concealed handgun. However, a person may obtain a concealed handgun permit in order to purchase a firearm without a new background check or receive reciprocity from other States. ATF allows a "NICS exempt" permit to be used for a purchase without a background check; other permits are "not NICS exempt." Background checks The State is not a point of contact for the NICS. Licensed firearms dealers in Alaska contact the FBI for all sales checks required by the Brady Act. The Alaska Department of Public Safety conducts background checks on applicants for concealed handgun permits that are "NICS exempt" (includes a NICS check) and "not NICS exempt" (without a NICS check). Waiting period No State requirements. Purchaser fees None. State data Alaska maintains fully automated fugitive, criminal history, and domestic violence protective order data on a statewide network. Domestic violence misdemeanor convictions may be identified from flagged criminal history records created after January 15, 1998. Insanity and incompetent to stand trial dispositions may be found within criminal histories. Check processing time Not applicable. Retention of records Information on persons who are denied a concealed handgun permit is retained for a minimum of 5 years. Registration No State requirements. Appeals of denials A person who is denied a firearm by the FBI may appeal pursuant to 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. 2004/2005 legislation No significant legislative changes. An ATF decision designated "NICS exempt" concealed handgun permits as an alternative to a NICS purchase check. Relevant laws Alaska Statutes 11.61.200; 11.61.210; 11.61.220; 18.65.700; 18.66.100. Source of information Alaska Department of Public Safety. Contact David Schade, Department of Public Safety, 5700 East Tudor Road, Anchorage, AK 99507, (907) 269-5708. Arizona FBI conducts NICS checks Prohibited persons Arizona law makes it illegal to sell or transfer a firearm to a prohibited possessor, defined as any person who has been found to be a danger to himself or others by a court order and is under treatment, convicted of a felony within or without Arizona, adjudicated delinquent, imprisoned, or is serving a term of probation, parole, community supervision, work furlough, home arrest, or release on any other basis because of a domestic violence or felony offense, or is an illegal alien or a non-immigrant alien. 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 age 18 except in limited circumstances. Restoration of rights Adult felons convicted of "dangerous offenses" cannot regain the right to possess firearms. All other felons discharged from probation must wait a certain length of time, depending on the offense, before applying for a court order to restore firearm rights. For adult felons the waiting period is 10 years for "serious offenses" and 2 years for other offenses. For juvenile felons the waiting period is until age 30 for dangerous and serious offenses and 2 years for most other offenses. Prohibited firearms It is illegal to manufacture, possess, transport, sell, or transfer a prohibited weapon, which includes a machine gun or a short-barreled rifle or shotgun (unless it is registered in accord with Federal law). Regulated sales State law does not require background checks on private person-to-person transfers of firearms. Permits Arizona does not require a permit to purchase firearms. Carrying a concealed weapon requires a permit. Background checks The State is not a point of contact for the NICS. Licensed firearms dealers in Arizona contact the FBI for all checks required by the Brady Act. The Department of Public Safety (DPS) Concealed Weapons Unit conducts background checks on applicants for concealed carry permits. ATF allows a holder of a valid Arizona permit to purchase a firearm in the State without a new NICS check. Waiting period No State requirements. Purchaser fees There is no fee for a purchase. The concealed weapon permit fee is $65. State data Arizona maintains fully automated fugitive and criminal history data on a statewide network. Probation, parole, and flagged domestic violence misdemeanor data are found within criminal history records. Sex offender registration and corrections data are also available. The courts report limited data on involuntary commitments to DPS. Domestic violence protective orders are entered into a court repository which is being expanded to include all State courts. Check processing time Not applicable. Retention of records Data on persons who are denied a concealed weapon permit are retained for 5 years. Registration No State requirements. Appeals of denials A person who is denied a firearm by the FBI may appeal pursuant to Federal law. A person who is denied a concealed weapon permit may request reconsideration by submitting additional data to DPS. An administrative hearing may be held. A further appeal may be filed in superior court. Arrests of denied persons No information is available. 2004/2005 legislation The definition of a prohibited firearm possessor was amended to include a person who is an illegal alien or a non-immigrant alien, as defined in 18 U.S.C. 922(g)(5). Relevant laws Arizona Revised Statutes 13-905 et seq; 13-3101 et seq. Source of information Arizona Department of Public Safety. Contact Rene Wilson, Supervisor, Department of Public Safety, Concealed Weapon Permit Unit, P.O. Box 6488, Phoenix, AZ 85005, (602) 223-2704. 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 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 may restore a felon's right to own a firearm upon a recommendation from a chief law enforcement officer if the underlying offense did not involve the use of a weapon and occurred more than 8 years ago. Restoration of rights may also occur with a pardon. Prohibited firearms It is illegal, with limited exceptions, to use, possess, make, repair, sell, or otherwise deal in a machine gun or sawed-off shotgun or rifle, or a firearm specially made or specially adapted for silent discharge. Regulated sales State law does not require background checks on firearms purchasers. Residents of adjacent States may purchase long guns in Arkansas unless otherwise prohibited. Permits Arkansas does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks The State is not a point of contact for the NICS. Licensed firearms dealers in Arkansas contact the FBI for all checks required by the Brady Act. The Arkansas State Police conducts background checks on applicants for concealed handgun permits. ATF allows a holder of a valid concealed handgun permit to purchase a firearm without a new NICS check, if the permit was issued on or after April 1, 1999. Waiting period No State requirements. Purchaser fees None. State data Fully automated fugitive, criminal history, restraining order, and flagged domestic violence misdemeanor conviction data are available on the statewide network. Check processing time Not applicable. Retention of records Information on persons who are denied a concealed handgun permit is retained indefinitely. Registration No State requirements. Appeals of denials A person who is denied a firearm by the FBI may appeal under Federal law. Arrests of denied persons No information is available. 2004/2005 legislation No significant changes. Relevant laws Arkansas Code 5-73-101 et seq; 5-73-301 et seq. Source of information Arkansas State Police and the Office of the Attorney General. Contact Lt. Cora Gentry, Arkansas State Police Concealed Handgun Licensing Section, 1 State Police Plaza Drive, Little Rock, AR 72209, (501) 618-8600. California State requests NICS checks Prohibited persons State law prohibits possession of a firearm by a person who has been convicted of a felony in California or another jurisdiction or a misdemeanor specified in State law; is addicted to any narcotic drug; is prohibited as a condition of probation; is subject to a protective order; was adjudged a ward of the juvenile court; or is mentally ill or disabled as defined in State law. A firearm cannot be transferred to a minor (under 21 for handguns; under 18 for long guns) except in limited circumstances. Handgun owners must pass a safety course or show proof of exemption. Restoration of rights Firearm rights may be restored by a Governor's pardon (if the conviction did not involve use of a deadly weapon) or if an underlying conviction is reopened and the subject pleads to a lesser charge. Persons convicted of specified misdemeanors or committed to a mental institution may have their rights restored by the proper court. Those who committed disqualifying acts as juveniles may have their right to possess a firearm automatically restored at age 30 if no additional violations occur. Prohibited firearms Short-barreled rifles and shotguns, unsafe handguns, machine guns, assault weapons, and several other types of firearms are prohibited, with limited exceptions. Regulated sales Background checks are required for firearm sales by State-licensed dealers and unlicensed persons and for pawn redemptions processed through dealers. Additional regulations apply to gun shows. Handgun purchases are limited to 1 in a 30-day period. Permits A permit is required to possess a machine gun or an assault weapon. Carrying a concealed firearm requires a license. A permit is required to use a firearm solely for entertainment purposes. Background checks The California Department of Justice(DOJ) is a NICS point of contact and conducts all checks required by Federal and State law. Gun show transfers and other private sales are processed through a licensed dealer or law enforcement agency. Dealers contact DOJ with a computerized "point-of-sale device." An entertainment firearms permit (for entertainment activities only, not for routine purchase) is allowed by ATF as a NICS alternative. Waiting period A 10-day wait is required for all firearms, regardless of when a check is completed. Purchaser fees DOJ charges $25 for a check on a single handgun or an unlimited number of long guns, and $21 for additional handguns purchased at the same time (if exempt from the one per 30-day rule). A dealer may charge an additional $10 fee per firearm to process a private transfer. State data California maintains fully automated fugitive, criminal history, restraining order, domestic violence conviction (flagged records), probation/parole, juvenile, and prohibited armed persons data. DOJ maintains a database of prohibited mental patients and some may also be included in criminal histories. Check processing time Background checks are processed within the 10-day waiting period. Retention of records Data on approved long gun transactions may be retained for 5 days; data on prohibited long gun transfers are retained indefinitely. Other transaction data are retained indefinitely in the State's Automated Firearms System (AFS). Registration Handguns are not registered, but the automated files maintain a record of handgun sales and transfers. New residents must report handgun ownership within 60 days of moving to California. Assault weapons must have been registered prior to the registration deadline. Appeals of denials A person who is denied a firearm may appeal to California DOJ. Arrests of denied persons In cases involving falsified applications or outstanding warrants, DOJ informs the agency with jurisdiction over the individual. Persons with warrants cannot receive a firearm if a conviction would disqualify them. DOJ enforcement and local law enforcement serve search warrants and arrest and prosecute armed prohibited persons who are found to be in possession of firearms. 2004/2005 legislation Assault weapon permit and registration requirements were amended to include .50 BMG rifles. An entertainment firearms permit was authorized. An eligibility check is required before the return of seized firearms. Relevant laws California Penal Code 12000 et seq; Welfare and Institutions Code 8100 et seq. Source of information California Department of Justice. Contact Steve Buford, Department of Justice Firearms Division, P.O. Box 820200, Sacramento, CA 94203, (916) 227-4340. Colorado State requests NICS checks Prohibited persons Colorado law forbids transfer of a firearm to any person who is: prohibited by Federal or State law; arrested for or charged with a crime for which the person, if convicted, would be prohibited by Federal or State law; or the subject of an indictment, information, or felony complaint alleging a crime punishable by imprisonment exceeding 1 year. A firearm cannot be possessed by a person who is a previous felony offender or was adjudicated for an act that would be a felony if committed by an adult. A firearm cannot be possessed by or transferred to a person who has not attained the age of 18 years, except in limited circumstances. It is illegal to knowingly obtain a firearm on behalf of a prohibited person. Restoration of rights Felons and juvenile offenders may 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 firearms dealers in Colorado request instant checks by using a 1-800 number or by accessing CBI's web site. Gun show transactions are processed through dealers. State law mandates denial of a person arrested or indicted for a potentially disqualifying offense if no final disposition of the case is noted in databases searched. Waiting period No State requirements. Purchaser fees CBI does not charge a fee for an instant check. A licensed dealer may charge a fee not to exceed $10 for processing a gun show transaction. State data Colorado maintains fully automated fugitive, criminal history, probation, parole, restraining order, and flagged domestic abuse misdemeanor data on a statewide network. CBI receives court records of persons who have been adjudicated as a juvenile delinquent. Criminal histories may contain insanity and incompetent to stand trial dispositions. Data on persons who are incapacitated or committed for drug, alcohol or mental health treatment are reported by State courts to the NICS. Check processing time Routine transactions are processed within 1 hour; transactions requiring additional research are processed within 3 days. Retention of records CBI purges data from allowed NICS transactions within 24 hours. Data from denied transactions may 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. 2004/2005 legislation No significant changes. Relevant laws Colorado Revised Statutes 12-26.1-101; 18-12-101 et seq; 24-33.5-424. Source of information Colorado Bureau of Investigation. Contact Susan Kitchen, CBI InstaCheck Unit, 690 Kipling Street, Room 3000, Denver, CO 80215, (303) 239-4235. Connecticut State requests NICS checks Prohibited persons A pistol permit or an eligibility certificate shall not be issued to a person who failed to complete a firearm safety course. A person may not obtain a pistol permit or an eligibility certificate or possess a handgun if the person is: convicted of a felony, any of 11 specified misdemeanors, or a serious juvenile offense; discharged from custody within the preceding 20 years after being found not guilty of a crime by reason of mental disease; confined to a hospital for psychiatric disabilities within the preceding 12 months by court order; subject to a restraining, protective, or firearm seizure order; prohibited by Federal law; an illegal alien; or under age 21. A firearm may not be possessed by a person who has been convicted of a felony, a serious juvenile offense, or a domestic violence misdemeanor, is subject to a restraining, protective, or firearm seizure order, or is prohibited by Federal law. Restoration of rights The Board of Pardons may restore the right to possess a firearm or it may override a conviction. Prohibited firearms Assault weapons and sawed-off shotguns are prohibited, with few exceptions. Regulated sales State law requires background checks on persons who apply for a permit or receive a firearm, except for a long gun transfer between unlicensed persons who are not at a gun show. A person who becomes ineligible to possess a firearm must transfer all firearms owned within 2 business days and notify the Department of Public Safety of the transfer. Firearms dealers must have a State permit for retail sales of handguns. Permits An eligibility certificate or pistol permit is required to purchase a handgun. Both documents are valid for 5 years, allow unlimited purchases, and will waive the long gun waiting period. Carrying a handgun also requires a pistol permit, with a 60-day permit issued by a local official required as a prerequisite to receiving the 5-year permit issued by the Connecticut State Police (CSP). Background checks CSP is a NICS point of contact and conducts checks on applicants for pistol permits, eligibility certificates, and firearm purchases. Applications are approved or denied within 8 weeks for a pistol permit or 90 days for an eligibility certificate. Instant checks on buyers are conducted by telephone (1-888-335-8438 in the State). Waiting period A 14-day waiting period, which begins when an application is filed, is required for a long gun transfer, unless the buyer has a valid permit or qualifies for an exemption. Purchaser fees A fee of $70 is charged to receive a 60-day and a 5-year pistol permit. Eligibility certificates cost $35. An additional $24 is charged to cover the FBI fingerprinting fee for criminal history. State data Connecticut maintains fugitive, criminal history, probation, parole, protective order, flagged domestic abuse misdemeanor, involuntary commitment, and juvenile data. Criminal histories may contain insanity dispositions or commitments to a mental institution. Check processing time Sale checks are normally processed in less than 30 seconds if no eligibility questions arise, within 1 minute if there is an eligibility question, or within 3 days if further research is needed. Retention of records CSP maintains a database of valid permits and keeps denied purchase applications for 5 years. Data from approved NICS transactions are not retained. Registration Data on the sale, weapon, buyer, and seller are recorded on a registration form for a handgun or long gun. Machine guns are registered. A certificate of possession is required for an assault weapon legally owned prior to 10/1/93. Appeals of denials A person who is denied a firearm purchase may appeal to CSP. A denial or revocation of a pistol permit or eligibility certificate may be appealed to the Board of Firearm Permit Examiners. Arrests of denied persons Cases involving falsified applications or attempts by prohibited persons to buy firearms are referred to the Firearms Trafficking Unit. 2004/2005 legislation. Amendments incorporated Federal restrictions into firearm possession and permits laws and require the State to transmit prohibited person data to NICS. Relevant laws Connecticut General Statutes 29-27 et seq; 53-202 et seq; 53-217a et seq. Source of information Connecticut State Police, Special Licensing and Firearms Unit (860) 685-8290. Contact Capt. Michael Guillot, Commanding Officer, Special Licensing and Firearms Unit, 1111 Country Club Road, Middletown, CT 06457, (860) 685-8290. Delaware FBI conducts NICS checks State conducts separate checks Prohibited persons Delaware law prohibits purchase or possession of a firearm by any person who is: convicted of a felony or crime of violence involving physical injury to another; committed for a mental disorder to any hospital, mental institution, or sanitarium; convicted for unlawful use, possession, or sale of a narcotic, dangerous drug, central nervous system depressant or stimulant, or controlled substance; adjudicated delinquent for conduct which if committed by an adult would constitute a felony; subject to a protection from abuse order; or convicted of any misdemeanor crime of domestic violence as defined by statute. It is unlawful to transfer a firearm to a child under 18 years of age without parental consent or to a person who intends to commit certain crimes. It is unlawful to transfer a firearm to or obtain a firearm on behalf of a prohibited person. A handgun cannot be sold to a person under the age of 21 or to an intoxicated person. A juvenile cannot possess a handgun unless engaged in lawful activity under adult supervision. Restoration of rights A convicted felon's right to own a firearm may be restored through a Governor's pardon. A person who committed a disqualifying misdemeanor may regain firearm rights 5 years after conviction; those who committed disqualifying juvenile offenses regain their rights at age 25. Prohibited firearms It is illegal, with limited exceptions, to sell, transfer, buy, receive, or possess a sawed-off shotgun or machine gun or any other firearm adaptable for use as a machine gun. Regulated sales Delaware law requires background checks on persons who purchase a handgun or rifle from a licensed dealer, but a shotgun purchase is exempt. Checks through a licensed dealer are optional for private sales. A handgun dealer is required to have a State license. Permits A permit is not required to purchase firearms. A permit is required to carry a concealed handgun. Background checks State law requires that licensed dealers call the Delaware State Police (DSP) for instant sales checks by using a 1-800 number. DSP has a maximum of 3 days to complete a check. A holder of a concealed handgun permit issued by a county superior court is exempt from the check required by State law. Delaware is not a point of contact for the NICS; dealers must contact the FBI for checks required by the Brady Act on handgun, rifle, and shotgun buyers. Waiting period No State requirements. Purchaser fees DSP does not charge a fee for an instant check. A dealer may charge a fee not to exceed $20 per criminal history check to process a private sale. State data Delaware maintains fully automated fugitive, criminal history, probation, parole, juvenile, mental health, restraining order, and flagged domestic violence misdemeanor data on a statewide network. Check processing time Routine transactions are normally processed in less than 6 minutes. Transactions requiring additional research are normally processed in less than 14 minutes. Retention of records DSP retains records of approved transactions for 60 days and records of denied transactions indefinitely. Registration No State requirements. Appeals of denials A person who is denied a firearm by DSP may petition for amendment of errors in the record. A further appeal may be filed in superior court. The superior court's refusal to issue a concealed handgun permit may be appealed to the State supreme court. Arrests of denied persons In cases involving falsified applications, DSP informs the agency with jurisdiction over the individual. When a person is denied because of an outstanding warrant, the agency with jurisdiction over the dealer is notified to apprehend the suspect. 2004/2005 legislation No significant changes. Relevant laws Delaware Code 11-1441 et seq; 24-901 et seq. Source of information Delaware State Police. Contact Elizabeth Shamany, State Police Bureau of Identification, P.O. Box 430, Dover, DE 19903, (302) 739-5872. Florida State requests NICS checks Prohibited persons Florida law prohibits a transfer of a firearm to a person who: has been convicted of a felony, a delinquent act that would be a felony if committed by an adult and the offender is under 24 years of age, or a misdemeanor crime of domestic violence; had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence and 3 years have not elapsed since the completion date of any court provisions; has been indicted for a felony; is subject to a protective order; has been arrested for a "dangerous crime" or other enumerated offenses; or is a minor under the age of 18 and lacks permission of a parent or guardian. It is illegal to acquire a firearm for the use of a prohibited person. A firearm cannot be possessed by a person who is a minor, a felon, a delinquent, restrained by a domestic violence injunction, a violent career criminal, mentally incompetent, a drug addict, or a chronic alcoholic. Restoration of rights Florida allows a convicted felon's right to own firearms to be restored through a pardon from the jurisdiction where the felony conviction occurred. A person convicted of a delinquent act that would be a felony if committed by an adult can regain firearm rights when the jurisdiction of the court expires. Prohibited firearms It is unlawful, with limited exceptions, for any person to own or have care, custody, possession, or control of a short-barreled rifle or shotgun or a machine gun which is or may readily be made operable. Regulated sales Background checks are required for firearm sales by licensed importers, manufacturers, and dealers. Certain pawnshop redemptions are also subject to checks. Permits No permit is required to purchase firearms. A license is needed to carry a concealed firearm. Background checks The Florida Department of Law Enforcement (FDLE) is a point of contact for the NICS and conducts instant checks required by Federal and State law. Checks on firearms redeemed within 90 days of being pawned may be conducted by the FBI; if a weapon is redeemed after 90 days, the check is conducted by FDLE. If a purchaser is not disapproved within 3 business days, the dealer must contact FDLE before releasing the firearm. Waiting period Handgun purchases require a waiting period of 3 business days, beginning with t