U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 1999 Prepared by the Regional Justice Information Service St. Louis, Missouri March 2000, NCJ 179022 ------------------------------------------------------------------- Note to readers of the ASCII version: This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/ssprfs99.htm. This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#ssprfs ------------------------------------------------------------------- Introduction History of the survey and related Bulletins Survey methodology Background Brady Act provisions Interim System Permanent System: National Instant Criminal Background Check System State involvement in firearm sale regulation Sources of additional Information Firearm sales topics Prohibited persons Regulated sales Permits Background checks Waiting periods Retention of records/ registration Appeals of denials Jurisdictional summaries Information in summaries Federal system States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American Samoa Guam Puerto Rico The Virgin Islands Washington, D.C. Appendixes Table 1. Applications for handgun checks processed by States, interim and permanent Brady periods Table 2. Prohibited persons: Statutory Basis for denial of firearm sale or possession Table 3. Agencies conducting firearm background checks under Federal or State law Table 4. National Instant Criminal Background Check System (NICS): Checking agencies (FBI or State point of contact) for firearm transfers Table 5. Background check and permit procedures Table 6. Fees, record retention and appeals Table 7. Databases accessed for firearm checks Table 8. Firearm laws Table 9. Laws to restore rights, regulate guns sales, and issue permits Table 10. Laws regarding background checks, waiting period, retention of sales records and appeals Table 11. Revisions of regulations and other significant changes in State firearm laws State contacts for the FIST Project Introduction Survey of State Procedures Related to Firearm Sales, Midyear 1999 is the fourth 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, which were in effect as of June 30, 1999. History of the survey and related Bulletins. This national survey is produced by the BJS Firearm Inquiry Statistics (FIST) project, a component of the National Criminal History Improvement Program (NCHIP). The FIST project was established in 1995 to collect data that describes the scope of presale firearm checks required under Federal or State law. Three previous editions of the survey primarily described procedures related to background checks on handgun purchasers in each of the 50 States and other United States jurisdictions, especially those required by the interim provisions of the Brady Act. (See Survey of State Procedures Related to Firearm Sales, NCJ 160763, May 1996; Survey of State Procedures Related to Firearm Sales, 1996, NCJ 165705, September 1997; Survey of State Procedures Related to Firearm Sales, 1997, December 1998, NCJ 173942.) This updated, expanded edition describes procedures related to transfers of handguns and other types of firearms (effective 11/30/98), which are required by the permanent provisions of the Brady Act or State law. Data collected and analyzed by the FIST project is also reported in BJS Bulletins. Four bulletins have reported counts of firearm sale applications/inquiries and denials for parts of the Brady interim period. (See Presale Firearm Checks, NCJ 162787, February 1997; Presale Handgun Checks 1996, NCJ 165704, September 1997; Presale Handgun Checks, 1997, NCJ 171130, June 1998; and Presale Handgun Checks, the Brady Interim Period, 1994-1998, NCJ 175034, June 1999.) The most recent bulletin included cumulative counts of firearm sale applications/inquiries and denials, and summarized significant events that occurred during the Brady interim period (02/28/94 - 11/29/98) (for further detail see the Interim period section on page 2). Changes in the number of firearm sale inquiries and denials, and the rate of overall or specific categories of rejections may reflect a variety of factors, including revisions in State laws, policies or organization, and the availability of different categories of records. The regular release of updated information in these BJS documents is intended to highlight such changes. BJS anticipates that the procedural information presented in this report will be used with the statistical information about firearm checks to provide a more thorough understanding of the impact of presale firearm check requirements. Survey Methodology. Information for this report was collected from hundreds of Federal, State and local agencies, including law enforcement organizations, statistical analysis centers, and legislative research bureaus. Descriptions of procedures and statistical data were voluntarily provided. Data analysis and supplementary legal research were provided by the Regional Justice Information Service (REJIS), the organization conducting the study under an award from BJS. To ensure accuracy, a copy of each State's summary in this publication was forwarded to a State contact for review, and clarifying comments were used to refine the summary. Consistent with privacy protection procedures, the information collected did not disclose the identity of any individual involved in a firearm transaction. Additionally, the software provided to help agencies submit statistical data contains a purging mechanism that destroys data in accordance with applicable Federal or State law. Background Brady Act Provisions. The Federal Gun Control Act (GCA), as codified at 18 U.S.C. 922, 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 * s a juvenile (less than 18 years of age for long guns and less than 21 years of age for handguns) * is an alien unlawfully in the United States * was discharged from the armed forces under dishonorable conditions * has renounced United States citizenship * is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child * has been convicted in any court of a misdemeanor crime of domestic violence, or * an alien admitted to the United States under a nonimmigrant visa. The Brady Act, PL 103-159 (107 Stat. 1536), amended the Gun Control Act of 1968 (GCA), 18 U.S.C Chapter 44, and included interim and permanent provisions. Interim System From February 28, 1994, until November 30, 1998, the interim provisions of the Brady Act, 18 U.S.C. 922(s), prohibited sale of a handgun by a Federal Firearms Licensee (FFL) for up to five days or until the licensee had been advised that, based on a background check, a prospective purchaser was not prohibited under Federal or State law. Checks were conducted by the Chief Law Enforcement Officer (CLEO) of the jurisdiction where the licensee operated. Thirty-two States (called "original Brady States") and Puerto Rico were required to follow the review procedures set forth in the interim provisions when they became effective. The interim provisions of the Brady Act also allowed States with prohibitory statutes comparable to Federal law to follow a variety of alternative procedures. State laws that qualified under these alternatives required that before any licensee completed the transfer of a handgun to a non-licensee, a government official verified that possession of a handgun by the transferee would not be a violation of law. These "Brady-Alternative States" generally employed either an "instant check" or a "permit or other approval-type" system, as designated by the Bureau of Alcohol, Tobacco and Firearms (ATF). By the end of the interim period, the number of States following the Brady Act review procedures, rather than alternative State statutes, had dropped to 23 (called "Brady States"). Permanent System: 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 Brady Act period. The Act allows a licensee to contact the system by telephone or other electronic means for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate Federal or State law. In addition to regulation of handgun sales, the Brady Act, under its permanent provisions, mandates that licensees request background checks on long gun purchasers and persons who redeem a pawned firearm. Licensees have the option of requesting a NICS check on persons who attempt to pawn a firearm. Prospective transferees undergo a NICS check requested by a dealer or present a State permit that ATF has qualified as an alternative to the point-of-transfer check. Qualifying permits are those which: 1) allow a transferee to possess, acquire or carry a firearm,and 2) were issued not more than 5 years earlier by the State in which the transfer is to take place, after verification by an authorized government official that possession of a firearm by the transferee would not be a violation of law. A permit issued after November 30, 1998, qualifies as an alternative only if the information available to the State authority includes the NICS. Prior to transferring a firearm subject to the permanent Brady requirements, a licensee must receive a completed Firearm Transaction Record (ATF Form 4473) and verify the transferee's identity through a government-issued photo identification. The transferee may also be required to complete a State disclosure form. A licensee initiates a NICS check by contacting either the FBI or a point of contact (POC) agency designated by State government. The FBI or the POC checks Federal and State databases and responds with a notice to the licensee that the transfer may proceed, may not proceed, or is delayed pending further review of the transferee's record. If further review of a record indicates the transfer would not violate Federal or State law, the checking agency notifies the licensee that the transfer may proceed. If the licensee does not receive a response within three business days, the transfer may proceed. All NICS checks by the FBI are without charge; POC fees are determined by State law. Under FBI regulations, persons prohibited from purchasing a firearm may request the reason for denial from the denying agency (FBI or POC), which has 5 business days to respond. The applicant may then submit information to correct the record on which the denial was based and may be required to contact the agency where the record originated. As an alternative, the applicant's challenge to the record can be directed to the FBI, which will contact the denying agency or the source of the record. Persons denied by a POC may also have appeal rights under State law. State involvement in firearm sale regulation. Each State determines its involvement in the NICS process. Three basic forms of State involvement currently exist: 1) a POC requests a NICS check on all firearm transfers originating in the State; 2) a POC requests a NICS check on all handgun transfers; licensees in the State are required to contact the FBI for approval of long gun transfers; or 3) the State does not maintain a point of contact (POC); licensees are required to contact the FBI for NICS checks on all firearm transfers originating in the State. Participation in the NICS by POC agencies includes conducting checks on persons who apply for State permits. 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 as their NICS point of contact; some States have multiple points of contact. The background check requirements of the Brady Act are the prevailing minimum for all States. Some States have enacted more stringent requirements. The NICS process does not automatically supplant State firearm sales 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 POC agencies conduct any checks and issue any permits required by State law in addition to following procedures mandated under the NICS. The POC agencies also conduct most checks required by State laws; however, purchasers in six States are required to undergo a State check and a NICS check by different agencies (Table 5). If agencies that conduct checks under State law are unable to access the NICS Index, licensees in that State are required to contact the FBI for the NICS check. Thus, prospective transferees in some States are required to undergo a permit or point-of-transfer check by a State agency and a NICS check by the FBI. Sources of additional information. Regulations applicable to the operation of the NICS have been promulgated by the FBI (28 Code of Federal Regulations (CFR) 25) and ATF(25 CFR 178). Further information on Federal law and BJS-related publications is available from the following Internet sites: ATF: http://www.atf.treas.gov/core/ firearms/firearms.htm FBI: http://www.fbi.gov/programs/ nics/index.htm BJS: http://www.ojp.usdoj.gov/bjs/ Firearm sale topics Prohibited persons State laws Many States have enacted similar or additional prohibitions. The most common categories of prohibited persons are described below. The number of States that have enacted prohibitions in each category is listed in parentheses (also see table 2). The Federal Gun Control Act's categories of prohibited persons are the prevailing minimum for all States. State statutes may included more restrictive prohibitions (see Background for Federal categories of prohibited persons). Felons (48 States) - Although statutory definitions vary widely, legislation in 48 States prohibits firearm purchases by at least some categories of felons. Prohibitions may include persons arrested or indicted for, or convicted of, a felony. Some States disqualify all felons from firearm possession. Other States disqualify persons who committed specific felonies, which may be enumerated in a statute or categorized by terms such as "crimes of violence," "serious offenses" or "firearm offenses." Many States extend the prohibition to persons convicted of a felony or a similar offense in other jurisdictions. Only Vermont lacks a statute that bars firearm possession by felons. Tennessee does not have a statute that lists disqualifying State felonies, but prohibits transfer of a firearm to a person ineligible under Federal law. A criminal offender's ineligibility to possess a firearm may be temporary. Nearly all States allow at least some offenders to regain possession rights by executive pardon, court order, 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, persons who obtain a pardon or maintain a clean record for a number of years may be required to petition a court for an order restoring rights. In some States, certain offenders cannot regain the right to possess a firearm. Misdemeanor offenders (17 States) - Generally, a misdemeanor is a crime punishable by incarceration for less than one year. The types of misdemeanor-level offenses included in prohibitory statutes vary widely. Several State statutes prohibit firearm possession by persons who have been convicted of a domestic violence misdemeanor. Other States include misdemeanors within categories such as "crimes of violence" or "firearm offenses." Requirements for misdemeanor offenders to regain firearm rights are generally less stringent than for felons. Fugitives (12 States) - This category normally includes persons with outstanding felony warrants and may include all wanted persons. The Federal Gun Control Act defines "fugitives 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 (18 U.S.C. Sec. 921 (a)(15). Mentally Ill (32 States) - Persons prohibited under this category are most often defined as adjudicated mentally defective or committed to a mental institution. In some States the prohibition extends to persons found not guilty of a criminal offense by reason of insanity. A person subject to this prohibition may be able to regain firearm rights a number of years after discharge from a mental institution, or by presenting documentation from a mental health professional that shows their condition has stabilized. Subject to a Restraining Order (18 States) - Persons prohibited under this category are usually subject to court orders intended to prevent domestic violence. The applicable orders (with a variety of titles) commonly restrain the subject from contacting or harming a spouse, former spouse, child, domestic partner or other intimately-related person. In a few States, the prohibition 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. Drug (28 States) or Alcohol (19 States) Abusers and Offenders - 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 alcohol-related offenses 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 alcoholics." In several States, a firearm cannot be transferred to or possessed by a person who is intoxicated. Juvenile Offenders (24 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. The prohibitions usually continue into early adulthood or until the person regains firearm rights through a pardon, court order or other process. In several States, persons who committed juvenile offenses must follow the same restoration of rights procedures available to adult offenders. Minors (49 States) - The firearm rights of minors are often restricted solely on the basis of age. In most States, restrictions apply to persons under the age of 18, with a few States restricting persons under the age of 21. Some States limit only handgun possession by minors, while others limit possession of any type of firearm. State statutes describe many circumstances under which minors are allowed to possess firearms. Generally, possession is permissible when a minor is supervised by a parent, guardian or certified firearms instructor. Federal restrictions prohibit the sale of long guns to persons under the age of 18, and under the age of 21 for handguns. Other categories of prohibited persons are also defined in State statutes. Restrictions on the timing or quantity of firearm purchases include residency rules and handgun purchase limits. Several States prohibit licensed dealers from selling certain firearms to nonresidents. Four States (Georgia, Maryland, Missouri and Virginia) require fixed periods of residency, ranging from 1 to 6 months, before a person can purchase certain firearms. There are no Federal restictions on the frequency or quantity of firearms purchased. Residency rules prevent nonresidents from purchasing and reselling firearms banned in their home State. A handgun purchase limit of one per month prevails in Maryland, South Carolina, and Virginia (the same limit had been enacted in California as this publication went to press). The limits are intended to deter persons who would purchase large quantities of handguns for resale to prohibited persons. After passage of the Brady Act, many States enacted legislation that included new categories of prohibited persons. During the Brady interim period (February 1994 to November 1998) the most frequent subjects of new prohibitions were felons and other specified offenders (14 States); minors (11 States); mentally ill persons (10 States); domestic violence offenders, either convicted or restrained (10 States); drug addicts or offenders (10 States); and juvenile offenders (6 States). Several States modified procedures for restoration of the right to possess a firearm, with a few States restricting the ability of certain persons to regain their rights. (See Presale Handgun Checks, the Brady Interim Period, 1994-98, NCJ 175034, June 1999.) Regulated sales State statutes Firearms are sold either by dealers licensed under Federal (and State) law, or by unlicensed persons (private sales). Most sales occur at the business premises of licensed dealers or at gun shows, which may include licensed and unlicensed sellers. In addition to sales, firearms can be transferred in pawn transactions, where a weapon is pledged as collateral for a loan and can be redeemed when the loan is repaid. Redemptions of pawned firearms are often regulated in the same manner as sales. Federal law requires a check through the National Instant Criminal Background Check System (NICS) of all persons who purchase firearms from a Federal Firearms Licensee (FFL) or redeem the firearm after a pawn transaction. Licensees have the option of requesting checks on persons who attempt to pawn a firearm. (See Background for further details on the NICS.) In addition to the Brady Act, statutes or executive orders in 31 States regulate sales by federally- or State-licensed dealers. These States require background checks of persons seeking either to purchase firearms or obtain State permits required for purchase. Of these States, 18 regulate dealer sales of all types of firearms, 2 regulate dealer sales of handguns and assault weapons, and 11 regulate only handgun sales by dealers. (See Table 5.) 14 States regulate private sales by requiring that purchasers obtain a permit or undergo a background check at the premises of a licensed dealer or a law enforcement agency. Of these States, six regulate private sales of all types of firearms, one regulates private sales of handguns and assault weapons, and seven regulate only handgun sales. (See Table 5.) Generally, these regulations apply to transfers initiated at any location, whether it be a person's home, a gun show or anywhere else. California and Maryland are the only States with statutes that specifically regulate gun shows. California requires a show organizer to obtain a certificate of eligibility from the State Department of Justice and provide local law enforcement with a list of all the show's sellers. Maryland requires that unlicensed gun show sellers obtain a temporary transfer permit from the State and comply with all restrictions imposed upon sales by licensed dealers. Several States regulate redemptions of pawned firearms in the same manner as sales. The pawning of any firearm is prohibited in New Jersey, while six other States ban the pawning of handguns (Table 4). Statutes requiring background checks of purchasers usually allow exceptions 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 to minor children. Permits State statutes 12 States administer purchase permit systems, which vary according to the types of weapons regulated, the duration of permits and the number of firearms that can be purchased at one time or during the tenure of a permit. 11 of these States require a permit to purchase a handgun. In Minnesota, purchasers of handguns and assault weapons have the option of undergoing a background check to obtain a 1-year permit or submitting to a check each time they attempt a purchase. Most handgun permits have a duration of between 10 days and 1 year, with a few remaining in effect for a longer duration. For long gun purchases, four States require permits, which 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, the duration of the permits ranges from 1 to 5 years. (States with purchase permit systems are indicated in Table 5.) The number of handguns that can be purchased by one person is sometimes limited by a State permit. In seven States, only one handgun can be purchased with a permit. Six of these States mandate a new permit for a second handgun, with New York requiring an amendment to the purchaser's handgun license. Five States allow unlimited handgun purchases during the effective period of a permit. Unlimited purchases of rifles and shotguns are allowed in the four States which issue long gun permits. Connecticut and Illinois allow unlimited purchases with a 5-year permit, but attempt to screen out disqualified permit holders by requiring that dealers request a check on every purchase. Federal law does not mandate a permit to purchase firearms. However, State permits for purchase, carrying or other activities can be used to exempt the holder from the national instant check if the applicable permit meets certain requirements of the Brady Act, in the judgment of ATF (see the summary of the NICS in Background). States which issue carry permits are generally categorized as having either a "shall issue" or a "discretionary" system. The former system mandates issuance of a permit if no statutory reason for denial is revealed during a background check of the applicant. The latter system allows a law enforcement officer to consider the applicant's history, character and intended purpose for carrying a firearm. At least some carry permit holders in 35 States are exempt from Federal or State checks (or both) when purchasing firearms (Table 4). In addition, a few States exempt certain permit holders from waiting period requirements. Concealed firearm permits usually regulate the carrying of a handgun outside of the holder's residence or business premises. Restrictions on permit holders vary considerably in regard to open carry and the premises where carrying is forbidden. Carry permits are required in 42 States; Vermont allows carrying without a permit, and 7 States prohibit concealed firearms. With the exception of New Mexico, all of the States which prohibit concealed firearms are in the Midwest. Background checks State systems Procedures for determining the eligibility of prospective firearm purchasers are generally classified by ATF as "instant check," "permit," or "other approval-type" systems. Instant check systems allow licensed dealers to contact a checking agency by telephone or other electronic means and receive a response immediately, or as soon as possible without delay, as to whether a prospective purchaser is ineligible under law. Permit systems require prospective purchasers to present government-issued documents which verify their eligibility to the seller (see Permits). In other approval-type systems, sellers convey purchaser information to a law enforcement agency by mail, telephone or other electronic means. The agency is not required to respond immediately, but usually must complete checks within a statutory time limit. Instant check systems include the FBI's NICS operation and the procedures of 17 States; 12 States require permits and 4 States maintain other approval-type systems (Table 5). (Illinois and New Jersey are each counted twice because these States operate permit and instant check systems.) All instant check systems allow a firearm transfer to proceed as soon as the checking agency informs the seller that no disqualifying record was found on the purchaser, unless the applicable State law requires a waiting period. Three of the four other approval-type systems require a mandatory waiting period after a firearm purchase application is filed with a seller and before the transfer can be completed (see Waiting Periods), regardless of when the checking agency completes the background check. Almost all systems limit the time allowed for an agency to conduct a check, either by State statute or application of the 3-day limit in the Brady Act. Some statutes permit an extension of time for specific circumstances such as a felony arrest without a recorded disposition. Time limits for instant check systems are usually 3 days or less, with longer limits common in permit and other approval-type systems (Table 5). Background check statutes 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. In the past, some checking agencies did not communicate approvals to sellers, forcing all purchasers to wait the maximum length of time permitted. In some States, checking agencies search local records for disqualifying factors such as restraining orders and mental health commitments. (For information on State criminal history record automation see the Survey of State Criminal History Information Systems, 1997, NCJ 175041, April 1999). Waiting period State statutes Waiting periods provide a "cooling-off" period and allow sufficient time for checking agencies to investigate and resolve questions about an applicant's background. 13 States require waiting periods (Table 5), which range in length from 1 day to 14 days. All of these States require a waiting period for handgun permits or purchases, with seven States including long guns or assault weapons as well. Waiting periods are utilized in every region of the Nation and are most often found in States with extensive firearm regulations. Exemptions from waiting periods have been enacted in some States for law enforcement officers, holders of valid carry permits or other specific classes of persons who have demonstrated the ability to handle a firearm responsibly. Several States mandate both a waiting period and a time limit on inquiries by a checking agency, which may or may not be the same length of time. The Federal instant check law (NICS) has 3 days to respond to an inquiry, but does not mandate a waiting period for purchasers. The development of national and State instant check systems has paralleled a decline in the number of States which employ a waiting period. Since the inception of the Brady Act in February 1994, Oregon, Indiana, Pennsylvania and Tennessee implemented instant check systems and eliminated State waiting periods, with the latter three States making the change during 1998. In addition, California reduced the length of its waiting period in 1997. Retention of records/registration State statutes Requirements relating to retaining information from approved and denied firearm transactions (including limitations on the types of information that can be maintained or the length of time such records can be retained) vary among States. Retention of information on approved firearm transactions is limited by Federal and State laws. In contrast, retention of information on denied transactions is seldom limited, due to its usefulness in facilitating appeals and the future identification of prohibited persons. 33 States require a permit, point-of-sale background check or waiting period before a firearm transfer can be completed. Checking agencies in nearly half these States retain records of approved transactions for less than 90 days, under State law or agency regulations. In contrast, nearly all agencies retain records of denied transactions indefinitely or for a specific length of time longer than 90 days. (See Table 6.) In some States, retention periods vary by type of data. Eight States either require registration (for at least some firearms) or retain all records from approved transactions. Several State statutes prohibit registration of firearms. Appeals of denials State statutes Appeal procedures for firearm denials provide specific means by which citizens can challenge decisions relating to firearm purchase eligibility. These appeals often serve the practical purposes of resolving questions of identity and updating incomplete criminal history records. Specific appeal procedures are codified in Federal law and in the laws of nearly all States which require background checks of prospective firearm purchasers. The most common State procedure provides an appeal to the checking agency and a subsequent appeal to a court. Procedures for the initial appeal tend to be relatively informal; some agencies allow a denied person to initiate a review with a telephone request. In some States, a government agency or officer not affiliated with the checking agency performs an administrative review at the first or second appellate level. Other agencies involved in firearm appeals are those maintaining criminal history, restraining order, mental health or other records which could disqualify an applicant. 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 records on file, the denial can be reversed. 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 issue a denial. The applicant can have the denial reversed by submitting court records to prove that the charge was subsequently dismissed. Alternatively, an appeal procedure may allow a denied person to request that the appellate agency contact the agency of record to inquire about a missing disposition. Existing data indicates that the vast majority of disputed firearm denials are resolved at the administrative level, and are rarely appealed to the courts. The paucity of court appeals is not surprising because most disputes turn upon the accuracy of records, not upon an interpretation of the law. (For Federal provisions see the Federal System section on page 13.) Information included in the Federal and State summaries References on this page to "State" include all jurisdictions summarized (the United States and each State, Territory, Commonwealth and District). Topics listed are not alphabetized; they follow the order of presentation used in the summaries. Laws that apply nationwide are included in the Federal summary and generally not repeated elsewhere. State participation in the NICS is described in sub-headings for the summaries. Prohibited persons. Categories of persons prohibited permanently or temporarily from purchasing or possessing firearms. Includes residency rules, handgun limits and other restrictions on purchase. Restoration of rights. Pardons, court procedures or other means by which adult or juvenile offenders can regain the right to possess or purchase firearms. Regulated sales. Transfers of firearms that cannot be completed until the transferee has obtained a permit or undergone a background check at the point of sale. Includes types of transferors (licensed or unlicensed), firearms (handguns, long guns, etc.) and transactions (sale, redemption, etc.) regulated. Permits. Documents (whether entitled permit, license, identification card etc.) issued by a law enforcement agency which are required for the purchase, possession or carrying of firearms. Background checks. Procedures and requirements for conducting criminal history and other checks on firearms purchasers or permit applicants under Federal and State laws, including time limits imposed on checking agencies. Waiting period. A period of time after a firearm purchase application is filed with a seller or a permit application is filed with a law enforcement agency, which must expire before transfer of the firearm or issuance of the permit can be completed. Information from applicants. Required or optional information provided by persons applying for a purchase from a firearm seller or for a purchase permit from a law enforcement agency. Purchaser fees. The amounts charged to firearms purchasers for background checks or the issuance of documents needed for purchase. State data. Databases maintained by State agencies which are normally available to checking agencies during the course of a background check on a prospective firearm purchaser. Check processing time. The length of time needed, on average, for checking agencies to complete background checks on routine transactions and those which require additional research on missing dispositions and other questions. Retention of records. Time limits on retention of data from approved and denied firearm transactions by checking agencies and other agencies, based on Federal or State law or agency policies. Registration. State procedures for maintaining permanent records on firearms and firearms owners. Appeals of denials. Statutory or administrative procedures for appealing a denial of the right to purchase a firearm or obtain a permit required for purchase. Arrests of denied persons. Arrest and notification procedures followed by checking agencies in regard to persons who are denied a firearm or a permit because they submitted false information or have an outstanding warrant. 1998/1999 firearm checks. The number of firearm applications (point-of-sale or permit) and denials, and the denial rate for States that maintained statewide data, during the interim (1/1/98 to 11/29/98) or permanent (11/30/98 to 6/30/99) Brady period. 1998/1999 legislative developments. Summaries of revisions of Brady-related procedures and other significant changes in State firearms laws which became effective between January 1, 1998 and June 30, 1999. Relevant laws. Citations to statutes governing the transfer, possession and use of firearms. Source of information. State agencies that contributed to the survey. Jurisdictional summaries Federal system Prohibited persons. Federal law prohibits transfer of a firearm to a person who is: under indictment for or convicted of a crime punishable by imprisonment for more than 1 year; a fugitive; an unlawful user of or addicted to any controlled substance; adjudicated as a mental defective or committed to a mental institution; an illegal alien; 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; convicted in any court of a misdemeanor crime of domestic violence; or less than 18 years of age (long guns) or less than 21 years of age (handguns). Restoration of rights. Federal firearm rights can be restored by a presidential pardon or by ATF; agency decisions can be appealed to Federal district court. 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. The dealers have the option of requesting a check when a firearm is pawned. 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. 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. Information from applicants. The standard ATF form used by licensed dealers requires the purchaser's first name, last name, date of birth, place of birth, current address, sex, height, weight, and race. A social security, alien registration or military identification number is optional. Purchaser fees. NICS checks by the FBI are without charge; POC fees are determined by State law. Federal data. The three major Federal databases are Interstate Identification Index (III), containing criminal histories; National Crime Information Center (NCIC), containing fugitive, protection order and deported felons data; NICS Index, containing denied person, dishonorable discharge, renunciation of citizenship, mental health, drug abuser and illegal alien data. Check processing time. For NICS checks by the FBI, immediate "proceed" responses are provided, on average, within 30 seconds; 80% of delayed checks are completed within 2 hours. Overall, 73% of the checks result in an immediate proceed and 95% are completed within 2 hours. Retention of records. Information on applicants denied by the FBI is retained indefinitely. Information on transfers allowed by the FBI is not retained, except for certain items which may be retained not more than 6 months for auditing purposes. Registration. No Federal requirements. Appeals of denials. Persons denied by a NICS check can appeal to the denying agency (FBI or POC), and may be required to contact the agency which 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 refers Federal law violators to ATF. 1998/1999 firearm checks handled by the FBI. 11/30/98 to 6/30/99: 2,295,013 applied; 49,160 denied by the FBI (does not include denials by States serving as POCs), 2.1% denial rate for checks by the FBI. 1998/1999 legislative developments. The NICS took effect on 11/30/98, adding long gun and pawn redemption checks. Relevant laws. United States Code 18-922 et seq. Source of information. FBI, NICS Program Office. Alabama FBI conducts NICS checks Prohibited persons. Alabama law prohibits delivering 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. State law does not provide for restoration of firearm rights. Regulated sales. Background check on firearms purchasers are not required by State law. Pawning handguns is prohibited. Permits. Alabama does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in the State contact the FBI for all checks required by the NICS. Waiting period. Alabama requires a 48-hour waiting period (beginning when application is filed) before completion of a handgun transfer, regardless of when a background check is completed. Information from applicants. The State's form requires a handgun purchaser's first name, last name, place of birth, current address, occupation and race, and a statement that the person has never been convicted of a crime of violence. The form also contains the date and hour of application plus the make, model, caliber and manufacturer's weapon number. Purchaser fees. None. State data. Alabama makes fugitive, criminal history, probation/parole, and domestic violence restraining order data is available to State and local checking agencies and the FBI via the statewide computer network. Check processing time. Not applicable. Retention of records. Under State law, handgun sellers are required to forward copies of purchaser statements by registered or certified mail to the chief of police of the municipality or the sheriff of the county where the seller is a resident, and to the director of public safety. State law does not specify a retention period. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI may appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Code of Alabama 13A-11-50 et seq. Source of information. Alabama Bureau of Investigation; Alabama Criminal Justice Information Center. Alaska FBI conducts NICS checks Prohibited persons. Alaska law prohibits handgun possession by or sale to a person who was convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult. It is illegal for a firearm to be possessed by or sold to a person whose physical or mental condition is substantially impaired by intoxicating liquor or controlled substances. An unemancipated minor under 16 years of age cannot possess a firearm without the consent of a parent or guardian. Restoration of rights. The State allows a convicted felon's right to own a handgun to be restored if the conviction is pardoned or set aside. If at least 10 years have elapsed since the offender's unconditional discharge, firearm rights are restored except for those who committed felony "crimes against persons." Regulated sales. State law does not require background checks on firearm purchasers. Permits. Alaska does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in the State contact the FBI for all checks required by the NICS. ATF allows a concealed handgun permit to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. None. State data. Alaska maintains fully automated fugitive, criminal history and domestic violence restraining order data on a statewide network. Domestic violence misdemeanor convictions can be identified from records created after January 15, 1998. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm may appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. Amendments prohibited possession of a firearm within a school bus, courthouse, or State-funded domestic violence or sexual assault shelter. The background check, qualifications, fees, suspension and exemptions sections of the concealed weapon statutes were amended, and a reciprocity section was added. Relevant laws. Alaska Statutes 11.61.190 et seq; 18.65.700 et seq. Source of information. Alaska Department of Public Safety. Arizona State requests NICS checks Prohibited persons. Arizona law prohibits possession of a firearm by a person previously convicted of a felony or adjudicated delinquent. 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 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. Regulated sales. State law requires background checks on persons who purchase firearms from licensed dealers. Permits. Arizona does not require a permit to purchase firearms. Carrying a concealed weapon requires a permit. Background checks. The Arizona Department of Public Safety is a point of contact for the NICS and conducts all checks required by Federal and State law. Dealers contact the Department's Firearm Clearance Center (FCC) by 1-800 number, regular telephone or fax. Transactions can be delayed up to 3 business days. ATF allows a concealed weapon permit to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. Purchasers complete the standard ATF form. No separate State form is required. Purchaser fees. None. State data. Arizona maintains fully automated fugitive and criminal history (including probation/parole) data on a statewide network. In addition, FCC has access to sex offender registration and department of corrections data. Check processing time. Routine transactions are normally processed in less than 5 minutes. Transactions requiring additional research normally are completed in less than 3 days. Retention of records. Records are retained for a maximum period of 20 days on approved transactions and 5 years on disapproved transactions. Registration. No State requirements. Appeals of denials. Persons denied a firearm may appeal to the Arizona FCC. Arrests of denied persons. FCC notifies ATF of applicants who submit false information. Applicants denied because of a felony warrant are reported to the State Police Fugitive Detail. Persons with non-felony warrants are informed that they must clear the warrants in order to receive firearms. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 54,754 applied; 1,950 denied; 3.6% denial rate. 11/30/98 to 6/30/99: 83,122 applied; 2,549 denied; 3.1% denial rate. 1998/1999 legislative developments. An amendment changed the checking agency's name to the Firearm Clearance Center and authorized it to conduct checks on all firearms (as defined by Federal law). Relevant laws. Arizona Revised Statutes 13-905 et seq; 13-3101 et seq. Source of information. Arizona Department of Public Safety. Arkansas FBI conducts NICS checks Prohibited persons. Arkansas law prohibits possession of firearms by persons who are under the age of 18 (except in limited circumstances) or who have been convicted of felonies, adjudicated mentally ill or committed involuntarily to any mental institution. It is illegal to furnish a firearm to a minor without the consent of a parent or guardian. Restoration of rights. The governor can restore a felon's right to own a firearm upon a recommendation from a chief law enforcement officer if the underlying offense did not involve the use of a weapon and occurred more than 8 years ago. Restoration of rights can also occur with a pardon. Regulated sales. State law does not require background checks on firearms purchasers. 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 dealers in Arkansas contact the FBI for all checks required by the NICS. ATF allows a concealed handgun permit issued before 11/30/98 to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. None. State data. Fully automated fugitive, criminal history and domestic violence restraining order/misdemeanor data are available on the statewide network. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI may appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 28,835 applied; 1,397 denied; 4.8% denial rate. 11/30/98 to 6/30/99: No statewide information available. 1998/1999 legislative developments. No significant changes. Relevant laws. Arkansas Code 5-73-101 et seq. Source of information. Arkansas State Police and the Office of the Attorney General. California State requests NICS checks Prohibited persons. California prohibits possession of firearms by certain persons who were convicted of felonies or misdemeanors specified in State law; are addicted to any narcotic drug; are prohibited as a condition of probation; are subject to restraining orders; were adjudged wards of the juvenile court (until age 30); or are mentally ill as defined in State law. A firearm cannot be transferred to a minor except in limited circumstances. Handgun buyers must complete a safety course or show proof of exemption. Restoration of rights. Firearm rights can be restored if the subject is granted a governor's pardon or if the underlying case is reopened and the subject is allowed to plead to a lesser charge. Persons convicted of specified misdemeanors can have their rights restored by the proper court; those who committed disqualifying acts as juveniles can have their right to possess a firearm automatically restored at age 30 if no additional violations occur. Regulated sales. Background checks are required for firearm sales by state-licensed dealers and unlicensed individuals (including gun shows), and for pawnshop redemptions processed through dealers. Permits. A permit is not required to purchase handguns or long guns. Carrying a concealed firearm requires a license. A permit is required to possess a machine gun or an assault weapon. Background checks. The California Department of Justice (DOJ) is a NICS point of contact and conducts all checks required by Federal and State law. Private sales are processed through a licensed dealer or a law enforcement agency. Dealers contact DOJ by telephone or computerized "point-of-sale device." Waiting period. Ten days for all firearms, regardless of when a background check is completed. Information from applicants. The Dealer's Record of Sale (DROS) standardized form requires a buyer's name, alias, sex, home address, local address if traveling, California driver's license, California ID card or military ID card number (with duty orders showing a station in the State), Basic Firearms Safety Certificate or exemption number, height, weight, descent, hair color, eye color, responses to questions concerning potential prohibited status, and date of application. Purchaser fees. DOJ charges $14 for a check on a single handgun or an unlimited number of long guns and $10 for additional handguns purchased at the same time. State data. Fully automated fugitive, criminal history, domestic abuse restraining order/conviction, probation/parole, juvenile and mental health data. Check processing time. Background checks are processed within the 10-day waiting period. Retention of records. Data on approved long gun transactions can be retained for 5 days; data on prohibited long gun transfers is retained indefinitely. Other transaction data are retained indefinitely on microfiche if entered prior to April 1, 1997, or in an automated file if entered after that date. Registration. Handguns are not registered, but the automated files maintain a record of handgun transfers. New residents must report handgun ownership. Assault weapons are registered. Appeals of denials. Persons denied a firearm can appeal to California DOJ. Arrests of denied persons. In cases involving falsified applications or outstanding warrants, DOJ informs the agency with jurisdiction over the individual. Persons with warrants cannot receive a firearm if a conviction would disqualify them. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 304,188 applied; 2,889 denied; 0.9% denial rate. 11/30/98 to 6/30/99: 251,820 applied; 2,601 denied; 1.0% denial rate. 1998/1999 legislative developments. Amendments included authorization for the State to participate in the NICS. Relevant laws. California Penal Code 417.3; 626.9; 12000 et seq; Family Code 6389. Source of information. California Department of Justice. Colorado FBI conducts NICS checks (through 7/31/99) State requests NICS checks (beginning 8/1/99) [Note: This summary includes procedures for Colorado's instant check system which was not operating as of 6/30/99 but was reinstated effective 8/1/99. See 1998/1999 legislation below.] Prohibited persons. Colorado law forbids transfer of a firearm to any person who is prohibited under local, State or Federal law from possessing a handgun; convicted of crimes involving force against a spouse or child; or subject to a restraining order. Firearms cannot be possessed by certain previous offenders and by persons adjudicated for acts which would be felonies if committed by adults. Handguns cannot be possessed by persons under the age of 18 except in limited circumstances. Restoration of rights. Felons and juvenile offenders can regain firearm rights if they receive a pardon from the president or the governor. Regulated sales. State law requires background checks on persons who purchase firearms from licensed dealers. 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. Dealers request instant checks by using a 1-800 number. Waiting period. No State requirements. Information from applicants. Colorado's application includes the purchaser's name, address, race, sex, and date of birth. A Social Security number is optional. Purchaser fees. No fees are charged. State data. Colorado maintains fully automated fugitive, criminal history, probation/parole and domestic abuse restraining order/misdemeanor data on a statewide network. Check processing time. Routine transactions are processed in less than 1 minute; transactions requiring additional research are processed in less than 1 day. Retention of records. The CBI purges information from approved transactions within 48 hours; information from denied transactions is purged after 2 years. Registration. No State requirements. Appeals of denials. Persons denied a firearm can appeal to the CBI. Arrests of denied persons. No information is available. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 41,383 applied; 2,804 denied; 6.8% denial rate. 11/30/98 to 3/31/99: 35,561 applied; 2,412 denied; 6.8% denial rate . 1998/1999 legislative developments. An amendment changed the instant check statute's repeal date to coincide with the implementation date of the NICS. Under an executive order, CBI operated as a NICS point of contact from 11/30/98 to 3/31/99. The FBI conducted all NICS checks for the State from 4/1/99 to 7/31/99. An executive order effective 8/1/99 reinstated CBI as the point of contact. Relevant laws. Colorado Revised Statutes 12-26.5-101 et seq; 18-12-101 et seq. Source of information. Colorado Bureau of Investigation. Connecticut State requests NICS checks Prohibited persons. Connecticut prohibits issuing eligibility certificates or pistol permits for handguns to persons who did not complete a firearm safety course; have been convicted of a felony, a domestic violence misdemeanor or any of 11 other specified misdemeanors; have been discharged from custody within the preceding 20 years after having been found not guilty of a crime by reason of mental disease; were confined to a hospital for mental illness within the preceding 12 months by court order; are subject to a restraining or protective order; are illegal aliens; are under the age of 21; or were convicted as delinquent for the commission of a serious juvenile offense. Restoration of rights. An offender's firearm rights can be restored if he or she previously possessed a pistol permit and the Board of Pardons clears the conviction from the record. Regulated sales. State law requires background checks on persons who apply for permits, redeem firearms or make a purchase from a licensed dealer or an unlicensed individual. Permits. An eligibility certificate or pistol permit is required to purchase handguns without a 14-day waiting period. Both documents are valid for 5 years and allow unlimited purchases. An authorization number is also required at the time of sale. A permit is not required to purchase long guns; however, a 14-day waiting period is required without a pistol permit, eligibility certificate or hunting license. The pistol permit is also required to carry a handgun. Background checks. The Connecticut State Police (CSP) is a NICS point of contact, conducting all checks required by Federal and State law. Checks are conducted on applicants for pistol and eligibility certificates and on firearm purchasers. ATF allows a pistol permit issued before 11/30/98 to be used in lieu of a NICS check (State law still requires a check at the time of purchase). CSP can be contacted in person or by an in- State number (1-888-335-8438), regular telephone, mail, certified mail or fax. Waiting period. A 14-day waiting period is required for all firearm transfers without proper permits (beginning when application is filed), regardless of when a background check is completed. Information from applicants. A firearm purchase application requires the buyer's, name, address, race, sex, height, weight, date of birth, operator's license numbers, and date of application. Dealer information and the sale authorization number is also included. A Social Security number is optional. Purchaser fees. A maximum fee of $35 will be charged for pistol permits and eligibility certificates. State data. The State maintains fugitive, criminal history, probation/parole, domestic abuse restraining order/misdemeanor, mental health and juvenile data. Check processing time. Routine purchase transactions are normally processed in less than 15 minutes; those which require additional research normally are processed in less than 3 days. Retention of records. The State retains denied applications to buy firearms for 10 years. Dealers keep approved applications for at least 5 years. Registration. The state's firearm registration form includes sale, weapon, buyer and seller information. Appeals of denials. Persons denied permits can appeal to the CSP and further to the Board of Firearm Permit Examiners. Arrests of denied persons. In cases involving falsified applications or outstanding warrants, CSP informs the agency with jurisdiction over the individual. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 26,981 applied; 153 denied; 0.6% denial rate. 11/30/98 to 6/30/99: 27,159 applied; 123 denied; 0.5 % denial rate. 1998/1999 legislative developments. An amendment barred issuing a pistol permit or an eligibility certificate to a person who has been convicted as delinquent for the commission of a serious juvenile offense. Relevant laws. Connecticut General Statutes 29-27 et seq; 53-202 et seq; 53-217a. Source of information. Connecticut State Police, Special Licensing and Firearms Unit (860-685-8290). Delaware FBI conducts NICS checks State conducts separate checks Prohibited persons. Delaware law prohibits purchase or possession of firearms by certain persons who are convicted of felonies or crimes of violence; committed for mental disorders to any hospital, mental institution, or sanitarium; convicted for unlawful use, possession, or sale of narcotics; subject to protection from abuse orders; or adjudicated delinquent for conduct which if committed by an adult would constitute a felony. Juveniles cannot own, possess or control handguns without adult supervision. Restoration of rights. A convicted felon's right to own a firearm may be restored through a governor's pardon. Persons who committed disqualifying misdemeanors regain firearm rights 5 years after conviction; those who committed disqualifying juvenile offenses regain their rights at age 25. Regulated sales. Background checks are required for sales of handguns and rifles by licensed dealers, and are optional for private sales. Shotgun purchases are exempt. Permits. Delaware does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. Licensed dealers call the Delaware State Police (DSP) for instant checks under State law, by using a 1-800 number. DSP has a maximum of 3 days to complete a check. Holders of concealed handgun permits are exempt from the check required by State law. The State is not a point of contact for the NICS; dealers must contact the FBI for all NICS checks. ATF allows a concealed handgun permit issued before 11/30/98 to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. Delaware requires an applicant's name, address, race, sex, date of birth, Social Security number and date of application. If the application is rejected, the type, make, model and serial number of the weapon are recorded. Purchaser fees. None. State data. Delaware maintains fugitive, criminal history, probation/parole, juvenile, mental health and domestic violence restraining order/misdemeanor data on a statewide network. These files are fully automated except for mental health, which is partially automated. 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. Persons denied under State law can appeal to DSP and further to superior 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 in order to apprehend the suspect. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 9,745 applied; 443 denied; 4.5% denial rate. 11/30/98 to 6/30/99: No statewide information available. 1998/1999 legislative developments. Amendments added persons subject to protection from abuse orders or convicted of domestic violence misdemeanors to those barred from purchasing or possessing firearms. Relevant laws. Delaware Code 11-1441 et seq. Source of information. Delaware State Police. Florida State requests NICS checks Prohibited persons. Florida prohibits the sale of firearms to persons who have been convicted of felonies, delinquent acts that would be felonies if committed by an adult, or a misdemeanor crime of domestic violence; had adjudication of guilt withheld or imposition of sentence suspended on a felony charge and 3 years have not elapsed since the completion date of any court provisions; have been indicted for a felony; are subject to a protective order; have been arrested for a "dangerous crime," or other offenses enumerated in State law; or are under the age of 18. Restoration of rights. The State 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. Regulated sales. Background checks are required for firearm sales by licensed importers, manufacturers and dealers. 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 checks required by Federal and State law. Checks on firearms redeemed within 90 days of being pawned are conducted by the FBI; if redeemed after 90 days, the check is conducted by FDLE. ATF allows concealed firearm licenses issued before 11/30/98 to be used for purchases without a NICS check. Under State law, if a purchaser is not disapproved within 3 business days, the transaction can be completed. Waiting period. Handgun purchases require a 3-day waiting period (beginning when application is filed), regardless of when a background check is completed. Information from applicants. State law requires the purchaser's name, date of birth, gender, race, and Social Security or other identification number. Purchaser fees. FDLE charges $8 for the background check. State data. The State maintains fugitive, criminal history, domestic violence misdemeanor/restraining order, juvenile and probation/parole data. Check processing time. Routine transactions are normally processed in less than 4 minutes. Transactions requiring additional research are normally processed in less than 3 days. Retention of records. Information on approved transactions is destroyed within 2 days after the day of the response to the licensee's request. Information on denied transactions is retained indefinitely. Registration. No State requirements. Appeals of denials. Persons denied firearms can appeal to FDLE. Arrests of denied persons. FDLE reports persons who falsify their applications to ATF and the State agency with jurisdiction over the individual. Persons with outstanding warrants are reported to the agency with jurisdiction over the person and to the agency with jurisdiction over the dealer. Denied persons are reported to ATF, special agency personnel and local police (monthly, by the Office of Statewide Intelligence). 1998/1999 firearm checks. 1/1/98 to 11/29/98: 160,438 applied; 5,499 denied; 3.4% denial rate. 11/30/98 to 6/30/99: 134,026 applied; 3,637 denied; 2.7% denial rate. 1998/1999 legislative.developments. A new statute prohibited firearm possession by a person restrained from committing acts of domestic violence by a final injunction. An amendment extended the duration of carry licenses. Relevant laws. Florida Statutes 790.001 et seq. Source of information. Florida Department of Law Enforcement. Georgia State requests NICS checks Prohibited persons. Georgia law prohibits possession of firearms by persons who have been convicted of felonies. Persons under the age of 18 can possess handguns in certain circumstances unless they have been adjudicated delinquent. Firearms cannot be sold to persons who are prohibited by State or Federal law or who have not resided in the State for at least 3 months. Restoration of rights. A convicted felon can regain the right to possess firearms if the person is granted a pardon and the Pardon and Parole Board specifically restores possession rights. Regulated sales. State law requires background checks on firearm sales by licensed dealers and on redemptions which occur more than 1 year after the firearm is pawned. Permits. Georgia does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The Georgia Bureau of Investigation (GBI) is a point of contact for the NICS and conducts checks required by Federal and State law. Holders of concealed handgun permits are exempt from sale checks under an ATF ruling and State law. Dealers request instant checks by using a 1-800 number. The GBI is allowed 1 day under State law to complete a check. The time allowed can be extended if the applicant's criminal history record is not immediately available (no extension limit is stated in the statute). Waiting period. No State requirements. Information from applicants. The state's form requires the purchaser's name, sex, race and date of birth, plus a Social Security or other identification number. Purchaser fees. GBI charges $5 for the background check. State data. The State maintains fully automated fugitive, criminal history, probation and parole, mental health, and domestic violence misdemeanor data. Check processing time. Routine transactions are normally processed in less than 5 minutes; transactions requiring additional research are normally processed in less than 1 day. Retention of records. The Georgia Consent Form is attached to ATF 4473 and retained by the dealer. The GBI does not retain information on approved sales; data on denied transactions is retained for 90 days. Registration. No State requirements. Appeals of denials. Persons denied firearms can appeal to the GBI and further to superior court. Arrests of denied persons. Persons who falsify applications or have outstanding warrants are reported by the GBI to the agency with jurisdiction over the individual. 1998/1999 firearm checks. 1/1/98 to11/29/98: 74,977 applied; 6,326 denied; 8.4% denial rate. 11/30/98 to 6/30/99: 138,849 applied; 8,972 denied; 6.5% denial rate. 1998/1999 legislative developments. An executive order allowed the State to participate in the NICS. Relevant laws. Official Code of Georgia 16-11-101.1 et seq; 16-11-170 et seq. Source of information. Georgia Bureau of Investigation, Crime Information Center. Hawaii State requests NICS checks Prohibited persons. Hawaii law prohibits possession of a firearm by a person who is a fugitive; indicted for or convicted of a felony, a crime of violence or an illegal drug sale; addicted to drugs or alcohol; acquitted of a crime on grounds of mental disease; diagnosed as having significant behavioral, emotional or mental disorders; or subject to a restraining order. A U.S. citizen must be 21 or more years of age to apply for a permit to acquire. A long gun cannot be transferred to a person under the age of 18 except in limited circumstances. Restoration of rights. The State allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Regulated sales. State law requires a permit for all purchases from licensed dealers and unlicensed persons. Permits. A permit to acquire, valid for 10 days, is needed for every purchase of a handgun. A permit to acquire, valid for one year, is needed for unlimited purchases of long guns. A license is needed to carry a handgun. Background checks. Four police departments are points of contact for the NICS and conduct checks required by Federal and State law on applicants for permits to acquire. Under State law, all permit applications must be approved or denied within 20 days. ATF allows permits to acquire and licenses to carry to be used for purchases in lieu of the NICS check. Waiting period. A 14-day waiting period is required (beginning when application is filed) before issuance of a permit to acquire, regardless of when a background check is completed. Information from applicants. Hawaii requires a permit applicant's name, home address, business address, race, sex, height, weight, date and place of birth, hair and eye color, Social Security number, photograph, and mental health history. Occupation, aliases, nicknames, maiden name, and scars, marks and tattoos are optional. First-time applicants must submit fingerprints. Purchaser fees. First-time applicants are charged $24 to subsidize the FBI fingerprint check. State data. The State maintains an automated control repository which includes criminal history and domestic violence misdemeanor data. Mental health data are recorded manually. Check processing time. No statewide information is available. Retention of records. Data on approved and denied applications is retained indefinitely. Registration. All firearms are required to be registered in Hawaii. Appeals of denials. State law does not provide an appeal procedure. Arrests of denied persons. No information is available. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Hawaii Revised Statutes 134-1 et seq. Source of information. Hawaii Criminal Justice Information Center; Honolulu Police Department. Idaho FBI conducts NICS checks Prohibited persons. Idaho law does not allow convicted felons to ship, transport, possess or receive firearms. A firearm cannot be sold to or possessed by a minor under the age of 18 without the consent of a parent or guardian. Restoration of rights. Certain felons regain possession rights upon completion of imprisonment, probation or parole. Other felons, except for those convicted of specified offenses, may apply to the commission of pardons and parole for restoration 5 years after final discharge. Regulated sales. State law does not require background checks on firearm purchasers. Permits. No permit is required to purchase firearms. A permit is required to carry a concealed weapon. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Idaho contact the FBI for all checks required by the NICS. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. None. State data. Idaho maintains fully automated fugitive, criminal history and domestic violence protective order/misdemeanor data on a statewide network, as well as a sex offender registry. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 18,539 applied; 772 denied; 4.2% denial rate. 11/30/98 to 6/30/99: No statewide information available. 1998/1999 legislative developments. An amendment added crimes for which conviction will suspend the right to ship, transport, possess or receive a firearm. The state's instant background check law expired on 11/30/98. Relevant laws. Idaho Code 18-3302 et seq. Source of information. Idaho Department of Law Enforcement. Illinois State requests NICS checks Prohibited persons. Firearm Owners Identification (FOID) cards cannot be issued to persons who are prohibited by any Illinois State statute or Federal law. State law prohibits persons who are under 21 years of age and have been convicted of misdemeanors other than a traffic offenses or adjudged delinquent; under 21 and lack parental consent to possess firearms; convicted felons; drug addicts; mentally ill or retarded; illegal aliens; subject to protective orders; or convicted of firearm or domestic violence offenses. Restoration of rights. Convicted felons may regain firearm rights if they are granted relief from Illinois convictions. Persons who committed forcible felonies must complete their sentence and 20 years without additional violations before applying for relief. Applications for relief are made to the director of the State Police, whose decision can be appealed to the circuit court. Regulated sales. Background checks are required on permit applicants, and on persons who purchase or redeem firearms from licensed dealers. Checks are not required for sales between unlicensed individuals; however, records of such transactions must be retained for 10 years. Permits. Illinois requires residents to possess a valid FOID card in order to purchase firearms or ammunition. The card is valid for 5 years with no limit on the number of firearms purchased. The State does not issue concealed firearm permits. Background checks. The Illinois State Police (ISP) is a point of contact for the NICS and conducts background checks required by Federal and State law. Checks are conducted on applicants for FOID cards, with a maximum of 30 days allowed to process an application. When a valid card is used for a purchase, the dealer requests an instant check through the Firearm Transfer Inquiry Program (FTIP) Unit of ISP, using one of two 1-900 numbers. Waiting period. The wait is 24 hours for a long gun and 72 hours for a handgun (beginning when application is filed), regardless of when a background check is completed. Information from applicants. A FOID card application includes the name, address, date of birth, race, sex height, weight, eye color, hair color, recent picture and answers to specific questions regarding eligibility factors. An FTIP transaction requires the dealer and FOID card numbers. Purchaser fees. ISP charges $5 for a FOID card and $2 for an FTIP inquiry at the time of purchase. State data. Automated files with fugitive, criminal history and conviction data are maintained on a statewide network. Other files cover mental health, juveniles, and domestic violence orders and convictions. Check processing time. FTIP purchase inquiries requiring limited analysis are completed in less than 1 minute. Inquiries requiring complete analysis are completed within 24-72 hours, depending on the type of firearm. Retention of records. Data on approved FTIP transactions from 1-900 calls are retained for 3 months; data on denied transactions is retained indefinitely. FOID card applications are retained on microform. Registration. Firearms are registered by some local governments, but not by the State. Appeals of denials. A denial or revocation of a FOID card can be appealed to the director of the State Police, and further to the circuit court. Arrests of denied persons. Persons with outstanding warrants are reported by ISP to the agency with jurisdiction over the fugitive. Denied persons are referred to a unit within ISP, which ananlyzes denial information and reports significant violations to ATF. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 146,970 applied; 1,490 denied; 1.0% denial rate. 11/29/98 to 6/30/99: 99,912 applied; 861 denied; 0.9% denial rate (FTIP transactions). 1998/1999 legislative developments. Amendments barred domestic violence offenders and federal law violators from receiving a FOID card. Relevant laws. Compiled Statutes 430:65/0.01 et seq; 720:5/24-1 et seq; 725:5/112A-14.5. Source of information. Illinois State Police. Indiana FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. Indiana law prohibits transfers of handguns and assault weapons to persons under 21 years of age, except in limited circumstances. Further, it is unlawful to transfer a handgun to a person who is convicted of a felony; adjudicated a delinquent child for an act that would be a felony if committed by an adult; a drug abuser; an alcohol abuser; or mentally incompetent. Restoration of rights. A convicted felon's right to own a handgun can be restored by post-conviction relief or a governor's pardon. Persons who have been adjudicated delinquent can regain their rights at age 23. Regulated sales. Background checks on handgun purchasers are required under State law for sales by licensed dealers. Handguns cannot be pawned in the State. Permits. Indiana does not require a permit to purchase firearms. A handgun license is required for personal protection (carrying concealed), hunting and target shooting. Background checks. Licensed dealers in the State contact the FBI for checks of persons purchasing or redeeming long guns. The Indiana State Police (ISP) is a partial point of contact for the NICS and conducts telephone instant checks of handgun purchasers. A maximum of 1 business day is allowed to complete a check. ATF and State rules allow personal protection, hunting and target permits to be used for purchases in lieu of the NICS check. Waiting period. No State requirements. Information from applicants. Handgun purchasers must provide the following: name, address, sex, race, place of birth, date of birth, height, weight, Social Security number and fingerprints plus the date and hour of the transfer. Fees charged. The ISP charges $3 for an instant check, $5 for a hunting and target license, and $15 for a personal protection license. State data. Indiana maintains fully automated criminal history data on a statewide network. Inquiry process. No information is available. Retention of records. Limited data on approved transactions can be retained by ISP for not more than one year; other data on approvals can be retained for up to 30 days. Data on denied transactions are retained indefinitely. Registration. Handguns are voluntarily registered in Indiana; there are no State requirements. Appeals of denials. Persons denied a handgun can appeal to ISP or the agency with the disqualifying record. A further appeal lies to the circuit court. Arrests of denied persons. ISP reports persons who falsify their applications to ATF. Persons with outstanding warrants are reported to the agency with jurisdiction over the fugitive. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 79,022 applied; 998 denied; 1.3% denial rate. 11/29/98 to 6/30/99: 49,736 applied; 1,373 denied; 2.8% denial rate. 1998/1999 legislative developments. A new chapter established a statewide instant check system for handgun sales. Relevant laws. Indiana Code 35-47-1 et seq. Source of information. Indiana State Police. Iowa FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. Applicants for permits to acquire pistols and revolvers must meet all Federal requirements for possessing firearms. Additionally, Iowa law prohibits handgun sales to persons who are less than 21 years of age; convicted of felonies; addicted to alcohol or a controlled substance; have histories of repeated acts of violence; have been convicted of certain misdemeanor crimes of assault; or have been adjudged mentally incompetent. Restoration of rights. Iowa allows a convicted felon's right to own a handgun to be restored through a pardon or a special restoration of rights with firearms privileges. Regulated sales. Permit regulations pertain to all handgun sales by licensed dealers, pawnshops and unlicensed persons. Permits. Iowa requires an annually renewed permit to acquire handguns unless the purchaser holds a valid permit to carry firearms. An unlimited number of handguns can be purchased with either permit. Background checks. Licensed dealers in the State contact the FBI for checks on long gun purchasers. Ninety-nine county sheriffs and the Iowa Department of Public Safety (for State employees and non- residents) are the partial points of contact for the NICS, conducting checks of applicants for permits to acquire handguns. The sheriffs check handgun redemptions by persons with State permits; all other redemptions are checked by the FBI. ATF allows permits to acquire or carry to be used for a purchase in lieu of a NICS check. Waiting period. An Iowa permit becomes valid 3 days after the date of application. Information from applicants. Permit applicants must provide the following: name, address, date of birth, application date and a form of identification with a color photograph. A Social Security number is optional. Fees charged. Fees are at the discretion of the county sheriffs. State data. Iowa maintains fully automated fugitive, criminal history, and domestic abuse restraining order/misdemeanor data on a statewide network. Checking agencies also have access to some probation, parole, and juvenile data. Inquiry process. No information is available. Retention of records. Sheriffs retain approved permit applications for 4 years and denied permit applications for 3 years. Registration. No State requirements. Appeals of denials. Persons denied a State permit can appeal to the denying agency. Arrests of denied persons. Persons with outstanding warrants are arrested by the checking agency in some cases. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Iowa Code 702.7; 724.1 et seq. Source of information. Iowa Department of Public Safety. Kansas FBI conducts NICS checks Prohibited persons. Firearms cannot be transferred to or possessed by persons who are both addicted to and unlawful users of controlled substances, and persons who have been convicted of certain felonies or a controlled substances act violation, or were adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute a disqualifying offense. Handguns cannot be transferred to or knowingly possessed by persons less than 18 years of age except in limited circumstances. Restoration of rights. The State allows a convicted felon's right to own a firearm to be restored after 5 or 10 years (depending on the type of crime) from the date of conviction or release from imprisonment (whichever period is longer). Restoration is not allowed if the offense involved possession of a firearm. Regulated sales. Kansas law does not require background checks on firearms purchasers. Permits. A permit is not required to purchase firearms. The State does not issue permits to carry concealed firearms. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Kansas contact the FBI for all checks required by the NICS. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Kansas maintains criminal history, domestic violence misdemeanor, and juvenile offender data on the statewide computer network. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information available. 1998/1999 legislative developments. No significant changes. Relevant laws. Kansas Statutes 21-4201 et seq. Source of information. Kansas Bureau of Investigation. Kentucky FBI conducts NICS checks Prohibited persons. Kentucky law prohibits possession of firearms by persons who have been convicted of felonies, as well as any youthful offender convicted of a felony. Handguns cannot be possessed by or provided to persons under the age of 18 except in limited circumstances. Restoration of rights. The State allows a convicted felon's right to possess firearms to be restored through a governor's pardon. Regulated sales. State law does not require background checks on firearms purchasers. Permits. Kentucky does not require a permit to purchase firearms. A license is required to carry a concealed firearm. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Kentucky contact the FBI for all checks required by the NICS. ATF allows concealed firearm licenses issued after July 15, 1998 to be used for purchases without a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Kentucky maintains fully automated fugitive, criminal history and domestic violence restraining order data on a statewide network. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. Amendments to the concealed firearm license law included a provision which requires use of the NICS index as part of the record check on applicants. Relevant laws. Kentucky Revised Statutes 237.030 et seq; 431.064; 527.010 et seq. Source of information. Kentucky State Police. Louisiana FBI conducts NICS checks Prohibited persons. Louisiana law prohibits possession of firearms by persons who have been convicted of certain felonies. It is unlawful to sell or otherwise deliver a firearm to any person under the age of 18. Restoration of rights. A convicted felon's right to possess a firearm can be restored in Louisiana through a governor's pardon or by a sheriff. Except for certain offenders, persons without additional violations for 10 years after completion of their sentences may apply to the sheriff of their parish of residence for a permit to possess firearms. Regulated sales. State law does not require background checks on firearms purchasers. Permits. The State does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Louisiana contact the FBI for all checks required by the NICS. ATF allows concealed firearm licenses issued before November 30, 1998 to be used in lieu of a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Louisiana maintains a statewide computer network with fugitive data and criminal histories that include domestic violence offenses and some mental health data. These files are fully automated. Other mental health data are maintained by local coroners. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Louisiana Revised Statutes 14:91; 14:95; 14:95.1; 40:1379.3: 40:1751 et seq. Source of information. Louisiana State Police. Maine FBI conducts NICS checks Prohibited persons. Maine law prohibits possession of a firearm by a person who committed a crime punishable by imprisonment for one year or more; committed a firearms offense; engaged in conduct as a juvenile that if committed by an adult would have been a disqualifying offense; or is subject to a domestic violence restraining order. It is unlawful to transfer a firearm to a person under the age of 16, except for a parent or guardian of the minor. Restoration of rights. Firearm rights may be restored by the commissioner of public safety, a court order or a governor's pardon. A person convicted of a disqualifying offense can apply to the commissioner for a permit to carry a firearm 5 years from the date of final discharge from the sentence. The commissioner's decision can be appealed to superior court. Nonviolent juvenile offenders regain firearm rights 3 years after completion of their dispositions or upon reaching 18 years of age, whichever is later. Regulated sales. State law does not require background checks on firearms purchasers. Permits. Maine does not require a permit to purchase firearms. A permit is required to carry a concealed weapon. Persons with restored rights are issued possession permits, but cannot carry a concealed firearm. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Maine contact the FBI for all checks required by the NICS. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. State agencies maintain fugitive, criminal history, motor vehicle and domestic violence restraining order data. These files are maintained manually and are accessed via teletype. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Maine Revised Statutes 15.393; 17A.554; 25.2001 et seq. Source of information. Maine State Police. Maryland FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. A "regulated firearm" (handgun or assault weapon) cannot be transferred to or possessed by a person who is convicted of a crime of violence, a felony or any common law offense or misdemeanor that carries more than a 2-year term of imprisonment; a fugitive; a habitual drunkard; addicted to a controlled substance; mentally disordered as defined in State law; under 21 years or age; or subject to a protective order. In addition, it is illegal to transfer a regulated firearm to a person who is visibly under the influence of alcohol or drugs or a participant in a straw purchase. Regulated firearm purchasers must have resided in the State for 90 days, and are limited to one purchase every 30 days. Restoration of rights. The right to own a firearm may be restored by a governor's pardon. Regulated sales. Background checks. are required for sales of "regulated firearms" (handguns and assault weapons) by licensed dealers and unlicensed persons. A dealer is required to have a State regulated-firearms license in addition to a Federal license. An unlicensed person selling at a gun show must obtain a temporary transfer permit, have a fixed display and comply with the same restrictions imposed upon licensed dealers. Permits. A permit is not required to purchase firearms; a permit issued by the secretary of the Maryland State Police is required to carry a handgun. Background checks. The Maryland State Police (MSP) is a partial point of contact for the NICS and conducts checks on regulated firearms buyers. Dealers transmit applications to the MSP by certified mail or fax. Private sales are processed through dealers or State police installations. Checks must be completed within 7 days unless placed on hold because of a criminal proceeding without a disposition. The FBI checks all redemptions, and sales of long guns not regulated by State law. ATF allows concealed handgun permits issued after November 30, 1998, to be used for a purchase without a NICS check. Waiting period. A 7-day waiting period is required for transfers of regulated firearms (beginning when application is filed), regardless of when a background check is completed. Information from applicants. The State requires the purchaser's name, address, race, sex, height, weight, hair and eye color, date and place of birth, driver's identification number, Social Security number, occupation and date of application, plus the caliber, make, model, and serial number of the weapon. Purchaser fees. A $10 application fee is charged by the State. State data. Maryland maintains fully automated fugitive and criminal history files, plus domestic violence restraining order/misdemeanor and probation/parole data. Check processing time. Routine applications are processed in approximately 5 days. Applications which require additional research are normally processed in less than 1 month. Retention of records. A permanent record of all completed transactions of regulated firearms is maintained by MSP. Denied applications are maintained indefinitely. Registration. Permanent transaction records contain the caliber, make, model, serial number and special characteristics of each regulated firearm transferred. Appeals of denials. A person denied a regulated firearm can appeal to MSP and further to State court. Arrests of denied persons. All denied persons are reported to the MSP Firearms Investigation Unit. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 25,222 applied; 236 denied; 0.9% denial rate. 11/29/98 to 6/30/99: 17,774 applied; 258 denied; 1.5% denial rate. 1998/1999 legislative developments. No significant changes. Relevant laws. Code of Maryland 27-36A et seq; 27-441 et seq. Source of information. Maryland State Police Firearms Enforcement Division. Massachusetts FBI conducts NICS checks State conducts separate checks Prohibited persons. Massachusetts law prohibits issuing firearm identification cards or licenses to carry to persons who were convicted or adjudicated delinquent for the commission of felonies, misdemeanors punishable by more than 2 years imprisonment, certain violent crimes, or weapon or drug offenses. Others barred are mentally ill, drug or alcohol addicts, under age, aliens, subject to protection orders, or fugitives. A permit to purchase may be issued to a person who is not a minor if it appears that the purchase is for a proper purpose. Restoration of rights. Persons who committed disqualifying adult or juvenile offenses, except for certain offenders, can regain the right to possess rifles and shotguns 5 years after completion of the sentence or adjudication without additional violations. Rights can also be restored through a governor's pardon. Regulated sales. Permits are required for transfers of rifles, shotguns and "firearms" by dealers and private persons. Weapon types are mainly distinguished by their barrel lengths: rifles, equal to or greater than 16 inches; shotguns, equal to or greater than 18 inches; "firearms," less than 16 inches or a shotgun less than 18 inches. Firearms cannot be pawned in the State. Permits. A license to carry (class A), valid for 4 years, is required for unlimited purchases of rifles, shotguns and firearms. A firearm identification card can be used for the purchase of non-large capacity rifles, shotguns or ammunition. A permit to purchase, valid for 10 days, is required for firearm transfers. Background checks. Licensing authorities (351 police departments) forward identification card applications to the Massachusetts State Police (MSP), which conducts criminal history and fingerprint checks. MSP informs a licensing authority of check results within 30 days; the authority renders a decision within 40 days from the date of application. The State is not a point of contact for the NICS. Dealers contact the FBI for all checks required by the NICS. ATF allows licenses to carry issued before 11/30/98 to be used for purchases without a NICS check. Waiting period. No State requirements. Information from applicants. Identification card applicants must provide the following: name, aliases, mother's maiden name, father's name, date and place of birth, home and business addresses, employer, occupation, telephone number, build, complexion, eye and hair color, height, weight, fingerprints, photograph and references. A Social Security number is optional. Purchaser fees. A $25 fee is charged for identification cards, licenses to carry and permits to purchase. State data. The State maintains fully automated fugitive, criminal history, probation/parole, juvenile, misdemeanor conviction (over 2 years imprisonment) and domestic violence restraining order/misdemeanor data on a statewide network. Manual files are kept on mental health data. Check processing time. No statewide information is available Retention of records. Licensing authorities keep copies of approved and denied applications indefinitely. Information on applicants is also maintained in the Firearms Record Bureau database. Registration. Rifles, shotguns and firearms purchased in the State are registered. New residents have 60 days to register their firearms. Appeals of denials. Identification card and license to carry denials can be appealed to State district court. Arrests of denied persons. No information is available. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. Identification card and permit requirements were substantially revised. Relevant laws. Massachusetts General Laws 140-121 et seq. Source of information. Massachusetts Department of Public Safety. Michigan FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. Michigan prohibits issuing licenses to purchase handguns to persons who the licensing agency has probable cause to believe will use the gun to harm themselves or others, or to violate the law. Further, licenses cannot be issued to persons who are subject to various orders and dispositions; under the age of 18; not U.S. citizens and legal residents of the State; charged with or convicted of felonies; adjudged legally insane or incapacitated; or involuntarily committed due to mental illness. Restoration of rights. Persons convicted of nonviolent or drug offenses regain the right to own a handgun 3 years after completion of their sentences. Violent offenders may have their rights restored 5 years after completion of a sentence, if approved by a county Concealed Weapons Licensing Board, or upon appeal to circuit court. Rights can also be restored if a conviction is expunged or set aside or the person is pardoned. Regulated sales. For sales, gifts and loans of handguns by licensed dealers and unlicensed individuals, Michigan law requires the receiver to possess a license. Handguns cannot be pawned. Permits. Michigan requires a license, which is valid for 10 days, for every purchase of a handgun. A separate license is required to carry a concealed handgun. Background checks. Checks on applicants for handgun purchase licenses are conducted by 595 sheriffs and police departments, which are partial points of contact for the NICS. Larger agencies generally have their own automated inquiry system, while other agencies use the statewide system to check on license applicants. Dealers in Michigan must contact the FBI for checks on sales and redemptions of long guns required by the NICS. ATF allows handgun purchase licenses to be used at the point of sale in lieu of the NICS check. Waiting period. No State requirements. Information from applicants. The state's application for a license to purchase includes the person's name, address, race, sex, height, hair and eye color, and date of birth. At the time of registration, the make, caliber, type, model, and serial number of the handgun are recorded. Purchaser fees. Any fee not exceeding $5 can be charged for a license to purchase a handgun. State data. Fully automated fugitive, criminal history, domestic violence restraining order, probation/parole, adjudicated mentally defective and juvenile (if reportable to the State) data are available statewide. Some corrections data are also available. Domestic violence misdemeanors can be located through an automated pointer that requires manual research. Check processing time. Routine license applications are normally processed by non-automated agencies in less than 1 hour, and by automated agencies in less than 5 minutes. Applications requiring additional research are normally processed in less than 5 days. Retention of records. State law requires that sheriffs and police departments retain approved license applications for 6 years. Denied applications are kept at the discretion of the licensing agencies. Registration. Michigan requires registration of handguns. Appeals of denials. A person denied a handgun license can appeal to the denying agency and further to circuit court. Arrests of denied persons. Persons with outstanding warrants are arrested in some cases. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Michigan Compiled Laws 28.421 et seq; 123.1101 et seq; 750.222 et seq. Source of information. Michigan State Police. Minnesota FBI conducts NICS checks State conducts separate checks Prohibited persons. Minnesota firearm possession laws include restrictions on certain persons who are minors, violent offenders, mentally ill, drug addicts, fugitives or illegal aliens, as well as those who have been dishonorably discharged from the military or have renounced U.S. citizenship. Restoration of rights. Persons convicted of or adjudicated delinquent for committing crimes of violence may possess firearms if 10 years have elapsed since restoration of civil rights or expiration of the sentence or disposition (whichever occurs first) and the person has not been convicted of or adjudicated for any other crime of violence. Civil rights can be restored by an expungement or a pardon. Regulated sales. State law requires background checks on all persons attempting to obtain a permit or purchase handguns or assault weapons from licensed dealers. Permits. Minnesota allows its citizens to obtain a transferee permit which is valid for 1 year and can be used to purchase an unlimited number of handguns and assault weapons. A permit to carry is required to possess a concealed firearm and also constitutes a transferee permit. In the alternative, citizens can undergo a background check each time they purchase an unlimited number of handguns or assault weapons. Background checks. Five-hundred sixty-eight sheriffs and police departments conduct checks after receiving transferee permit applications or transfer reports (on persons without permits) from dealers. A permit shall be issued or denied within 7 days of application. After a transfer report is filed, a dealer can complete the transaction if a notice of disqualification from the checking agency is not received within 5 business days. In addition, dealers in Minnesota contact the FBI for all checks required by the NICS. Waiting period. A wait of 5 business days (7 days) is required for purchases of handguns or assault weapons without a permit, regardless of when a background check is completed. All or part of the waiting period can be waived by the checking agency because of a threat to the life of the transferee or a member of the transferee's household. Information from applicants. A permit application or transfer report requires the transferee's name, address, telephone number, driver's license number, sex, date of birth, height, weight, eye color and distinguishing physical characteristics. Applicants must show an identification card with a color photograph. Purchaser fees. State law does not allow any fees to be charged. State data. Minnesota maintains fully automated criminal history, fugitive, juvenile and domestic violence restraining order data on a statewide network. Manual files contain information on mental health and chemical dependency. Automation of mental health and domestic violence misdemeanor data are underway. Check processing time. Background checks are normally completed in less than 5 days. Retention of records. Approved and denied applications are kept at the discretion of the checking agencies. However, a sheriff or chief of police will not maintain any record of an approved transferee's identity if that person requests return of the transfer report. Registration. No State requirements. Appeals of denials. Persons denied a permit or firearm can appeal to the county or municipal court. Arrests of denied persons. A person who makes a false statement on a permit or transfer application can be charged with a gross misdemeanor. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Minnesota Statutes 609.165; 609.224; 624.711 et seq. Source of information. Minnesota Department of Public Safety. Mississippi FBI conducts NICS checks Prohibited persons. Mississippi law makes it unlawful to transfer a firearm to a person whom the transferor knows to be a minor under the age of 18 or in a State of intoxication. A person convicted of a felony cannot possess a firearm, and a person under the age of 18 cannot possess a handgun except in limited circumstances. Restoration of rights. A convicted felon's right to possess firearms can be restored by a governor's pardon or a certificate of rehabilitation from the sentencing court. Regulated sales. State law does not require background checks on firearms purchasers. Permits. A permit is not required to purchase firearms. A license is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Mississippi contact the FBI for all checks required by the NICS. ATF allows a concealed handgun license to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. The State maintains an automated message switch that allows local agencies to access the National Crime Information Center (NCIC) and the Interstate Identification Index (III). Arrest and disposition data on felonies and misdemeanors became available online during 1998. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Mississippi Code 45-9-201; 97-37 et seq. Source of information. Mississippi Department of Public Safety. Missouri FBI conducts NICS checks State conducts separate checks Prohibited persons. Missouri law requires that an applicant for a permit to acquire a handgun be at least 21 years of age, a U.S. citizen and a State resident for at least 6 months. A permit cannot be issued to a person who is convicted of a felony or misdemeanor specified in State law; a fugitive or someone charged with a crime; dishonorably discharged from U.S. armed forces; habitually intoxicated or drugged; adjudged mentally incompetent; or found to have rendered a false statement on the application. It is unlawful to recklessly transfer a firearm to a person who is intoxicated or to a person less than 18 years old without consent of the child's parent or guardian. Restoration of rights. A convicted felon's right to own a handgun can be restored through a governor's pardon. Regulated sales. Permit regulations pertain to all handgun sales by licensed dealers, pawnshops and unlicensed persons. Permits. Missouri mandates a permit to acquire which is valid for 30 days and can be used to purchase one handgun. The State does not issue concealed firearm permits. Background checks. One-hundred-fourteen county sheriffs and the St. Louis County Police Department conduct background checks on applicants for permits to acquire handguns. A maximum period of 7 business days is allowed to complete the process. The State is not a point of contact for the NICS. Licensed dealers in Missouri contact the FBI for all checks required by the NICS. Waiting period. No State requirements. Information from applicants. A permit applicant must provide the following: name, residence and business addresses, height, hair and eye color, date of birth, Social Security number, occupation, date of application and reason for desiring a permit, plus the type, make, model and serial number of the handgun obtained. Purchaser fees. A fee of $10 is charged for a permit. State data. Missouri maintains fully automated fugitive, criminal history, domestic violence restraining order/misdemeanor and probation/parole data on a statewide computer network. Check processing time. No statewide information is available Retention of records. Approved and denied permit applications are retained indefinitely. Registration. Handguns are not registered by the State, but are registered by some counties and municipalities. Appeals of denials. A person denied a permit can appeal to small claims court. Arrests of denied persons. No information is available. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. Amendments allowed probation and parole personnel to carry firearms at all times and exempted transfer of certain firearms from permit requirements. Relevant laws. Missouri Revised Statutes 571.010 et seq. Source of information. Missouri State Highway Patrol. Montana FBI conducts NICS checks Prohibited persons. Montana law prohibits possession of firearms by convicted felons. It is unlawful for persons under 14 to carry firearms in public without adult supervision. Restoration of rights. A convicted felon's right to possess firearms can be restored by a governor's pardon or upon completion of the sentence (except for certain offenders who must apply to the court for a permit to purchase firearms). Regulated sales. State law does not require background checks on firearms purchasers. Permits. Montana does not require a permit to purchase firearms, but does require concealed weapon permits. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Montana contact the FBI for all checks required by the NICS. ATF allows concealed weapon permits to be used for purchases in lieu of a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Montana maintains fully automated fugitive and criminal history data on a statewide network. Some domestic violence data are also available. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Montana Code 45-8-301 et seq; 46-18-801. Source of information. Montana Department of Justice. Nebraska FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. Nebraska prohibits issuing a transfer certificate to any person who may not purchase or possess a handgun under any applicable Federal, State, or local law. State law forbids the possession of a handgun by a person who is under the age of 18 (except in limited circumstances), a convicted felon or a fugitive from justice. Restoration of rights. A convicted felon's right to possess a handgun can be restored by a pardon. Regulated sales. A transfer certificate is required for handgun sales by licensed dealers and unlicensed persons, with limited exceptions. Permits. The transfer certificate needed to purchase handguns is valid for up to 3 years and can be used for unlimited purchases. The State does not issue concealed firearm permits Background checks. Ninety-three county sheriffs and the Lincoln and Omaha Police Departments are partial points of contact for the NICS. These agencies conduct checks required by Federal and State law on applicants for handgun transfer certificates. A maximum period of 2 days is allowed under State law to investigate and decide on an application. Licensed dealers in Nebraska contact the FBI for checks on long gun purchasers required by the NICS. ATF allows a transfer certificate to be used in lieu of a NICS check at the point of sale. Waiting period. No State requirements. Information from applicants. A transfer certificate application includes the person's name, address, race, sex, height, weight, hair color, date of birth, and Social Security number plus the date of application. Purchaser fees. The State agencies charge $5 for a background check. State data. Nebraska maintains a statewide network with automated data on fugitives, criminal history, probation/parole and mental health commitments without a discharge in the last 5 years. Check processing time. Routine applications are normally processed in less than 1 day. Applications requiring additional research normally are processed in less than 2 days. Retention of records. Approved and denied applications are kept at the discretion of the checking agencies. Registration. No State requirements. Appeals of denials. A person denied a transfer certificate can appeal to the county court. Arrests of denied persons. Persons with outstanding warrants are arrested in some cases. 1998/1999 firearm checks. No statewide information is available. 1998/1999 legislative developments. No significant changes. Relevant laws. Nebraska Revised Statutes 28-1202; 69-2401 et seq. Source of information. Nebraska State Patrol. Nevada State requests NICS checks Prohibited persons. Nevada law prohibits possession of firearms by persons who are under 14 years of age and are not supervised by an adult, or have been convicted of a felony. It is illegal to sell a handgun to a child under the age of 18. Restoration of rights. The State allows a convicted felon's right to possess firearms to be restored if the person is honorably discharged from probation. Restoration can occur through a governor's pardon that does not restrict the right to bear arms. If a pardon does not restore civil rights, the person may apply to a board of pardon commissioners, whose decision can be appealed to State district court. Regulated sales. Pursuant to an executive order of the governor, Nevada enforces the Brady Act's requirement of background checks on transfers by licensed dealers. Under State law, unlicensed sellers have the option of requesting a check on the purchaser from the Nevada Point-Of-Sale Firearms Program. Permits. State law does not require a permit to purchase firearms; a permit is required to carry a concealed firearm. Background checks. The Nevada Highway Patrol (NHP) is a point of contact for the NICS and conducts all checks required by Federal law in addition to checks requested by unlicensed sellers. Firearms dealers request instant checks by using a 1-800 number or regular telephone number. ATF allows concealed firearm permits to be used for purchases without subsequent NICS checks. Waiting period. No State requirements. Information from applicants. Licensed dealers in Nevada use the ATF forms when preparing to conduct a firearm transaction. No separate State form is required. Purchaser fees. The fee for a firearms background check is $15. State data. The State maintains fully automated fugitive, criminal history, and domestic violence misdemeanor data on a statewide network. A protective order registry is currently under development. Check processing time. Routine transactions are normally processed in less than 3 minutes. Transactions requiring additional research normally are processed in less than 3 days. Retention of records. Information from approved transactions is retained for a maximum period of 20 days; information from denied transactions is retained indefinitely. Registration. Firearms are not registered in Nevada except in Clark County. Appeals of denials. A person denied a firearm can appeal to NHP and further to the Hearings Office of the Department of Motor Vehicles and Public Safety. Arrests of denied persons. NHP notifies ATF of persons who submit false information on purchase forms. When a person is denied because of an outstanding warrant, the NHP notifies the agency with jurisdiction over the site of the transaction. 1998/1999 firearm checks. 1/1/98 to 11/29/98: 21,097 applied; 734 denied; 3.5% denial rate. 11/30/98 to 6/30/99: 33,376 applied; 1,106 denied; 3.3% denial rate. 1998/1999 legislative developments. No significant changes. Relevant laws. Nevada Revised Statutes 202-253 et seq. Source of information. Nevada Highway Patrol. New Hampshire FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. New Hampshire law provides that firearms cannot be possessed by or transferred to persons convicted of certain felonies. Handguns cannot be transferred to minors except in limited circumstances. Restoration of rights. State law does not provide for restoration of a convicted felon's right to possess firearms. Regulated sales. Background checks are required on persons who purchase handguns from licensed dealers. Permits. The State does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The New Hampshire Department of Safety (DOS) is a partial point of contact for the NICS and conducts checks required by Federal and State law. Licensed dealers request instant checks on sales and redemptions of handguns by using a 1-800 number. The maximum period allowed for DOS to complete a background check is 3 days. Dealers contact the FBI for checks on sales and redemptions of long guns. Waiting period. No State requirements. Information from applicants. New Hampshire's application includes the purchaser's name, race, sex, date of birth and Social Security or driver's license number, plus the date of application. Purchaser fees. None. State data. The State maintains fugitive, criminal history and domestic violence restraining order/misdemeanor data on a statewide computer network. Check processing time. Routine transactions are normally processed in less than 5 minutes. Transactions requiring additional research normally are processed in less than 4 hours. Ret