U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2000 Prepared by The Regional Justice Information Service St. Louis, Missouri May 2001, NCJ 186766 -------------------------------------------------------- This file is text only without graphics and many of the tables. The full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/ssprfs00.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 ---------------------------------------------------------- Lawrence A. Greenfeld Acting Director Report of work performed under BJS Cooperative Agreement No. 95-RU-RX-K021 awarded to the Regional Justice Information Service (REJIS), 4255 West Pine Boulevard, St. Louis, MO 63108. Contents of this document do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. The U.S. Department of Justice authorizes any person to reproduce, publish, translate, or other-wise use all or any part of this material in this publication with the exception of those items indicating they are copyrighted or printed by any source other than REJIS. More information on this subject may be obtained from: Gene Lauver, FIST Manager Regional Justice Information Service 4255 West Pine Boulevard St. Louis, MO 63108 Phone: (314) 535-1455, ext. 260 Fax: (314) 535-1729 Devon B. Adams, BJS State Program Manager, and Ronald J. Frandsen, REJIS, wrote this report under the supervision of Carol G. Kaplan, BJS. Ellen Goldberg produced and edited the report. Jayne Robinson administered final production. An electronic version of this report may be found on the Internet at: http://www.ojp.usdoj.gov/bjs/ Contents Introduction History of the survey and related Bulletins Survey methodology Background Federal prohibitions Brady interim system National Instant Criminal Background Check System State involvement in firearm transfer regulation Sources of additional information Firearm sales topics Prohibited persons Types of firearms Regulated sales Permits Background checks Waiting periods Retention of records/ registration Appeals of denials Firearm rejection rates Jurisdictional summaries Information in summaries Federal system States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American Samoa Guam Puerto Rico The Virgin Islands Washington, D.C. Appendixes Table 1. Applications for firearm transfers and permits processed by States Table 2. Prohibited persons: Statutory basis for denial of firearm sale or possession Table 3. Minors: Restrictions based on age or juvenile offender status Table 4. National Instant Criminal Background Check System (NICS): Checking agencies (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 regarding prohibited persons, restoration of rights, regulated sales, and permits Table 10. Laws regarding background checks, waiting period, retention of transaction records, and appeals Table 11. Revisions of sales regulations and other significant changes in State firearm laws Table 12. Agencies conducting firearm background checks State contacts for the FIST Project Introduction Survey of State Procedures Related to Firearm Sales, Midyear 2000, is the fifth in a series of Bureau of Justice Statistics (BJS) reports. This report describes laws, regulations, procedures, and information systems related to sales and other transfers of firearms that were in effect as of June 30, 2000. Procedures summarized in the survey are required by the laws and regulations of the United States, the 50 States, and other jurisdictions. History of the survey and related bulletins. This national survey is produced by the BJS Firearm Inquiry Statistics (FIST) project, a component of the National Criminal History Improvement Program (NCHIP). The FIST project was established in 1995 to collect data that describes the scope and impact of firearm background checks required under Federal or State law. The first three editions of the survey primarily described procedures related to background checks on handgun purchasers, especially those required by the interim provisions of the Brady Act. The fourth edition described procedures required by the permanent provisions of the Brady Act or State law for transfers of handguns and other types of firearms. This edition incorporates recent changes in Federal and State procedures, and provides expanded coverage on topics related to firearm sales. Data collected and analyzed by the FIST project are also reported in BJS Bulletins. Five bulletins reported counts of firearm transfer applications and denials for the Brady interim period. (A cumulative summary is presented in Presale Handgun Checks, the Brady Interim Period, 1994-1998, June 1999, NCJ 175034.) The most recent bulletin summarized counts of firearm transfer applications and denials for the first full year of the permanent Brady Act provisions (see Background Checks for Firearm Transfers, 1999, June 2000, NCJ 180882). (All prior surveys and bulletins can be viewed or ordered through the BJS web site listed at the end of the Background section.) The regular release of updated information in BJS surveys and bulletins is intended to highlight changes in the number of firearm transfer applications and denials, and in the overall denial rate or specific reasons for denial. The changes reported may be influenced by a variety of factors, including revisions in Federal and State laws, policies, or organization, and the availability of different categories of records. BJS anticipates that the procedural information presented in this report will be used with the statistical information about back- ground checks to provide a more thorough understanding of the scope and impact of firearm transfer regulations. Survey methodology. Information for this report was collected from hundreds of Federal, State, and local agencies, including law enforcement organizations, statistical analysis centers, and legislative research bureaus. Descriptions of procedures and statistical data were voluntarily provided. Data analysis and supplementary legal research were provided by the Regional Justice Information Service (REJIS), the organization conducting the study under an award from BJS. To ensure the accuracy of the information as of June 30, 2000, a draft of each State's summary was sent to the agency designated by the State for review and comment. The final version of each summary, as contained in this report, was reviewed and approved by the State contact. A complete list of the State contacts is included in the appendices. Consistent with privacy protection procedures, 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 Federal prohibitions. The Gun Control Act (GCA), 18 U.S.C. 922(d), prohibits the transfer of any firearm to any person who -- * is under indictment for, or has been convicted of, a crime punishable by imprisonment for more than 1 year; * is a fugitive from justice; * is an unlawful user of or addicted to any controlled substance; * has been adjudicated as a mental defective or committed to a mental institution; * is an alien unlawfully in the United States or admitted under a nonimmigrant visa; * was discharged from the armed forces under dishonorable conditions; * has renounced United States citizenship; * is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child; or * has been convicted in any court of a misdemeanor crime of domestic violence. In addition, it is unlawful for a federally licensed dealer to transfer a long gun to a person less than 18 years of age or a handgun to a person less than 21 years of age. It is unlawful for any person to transfer a handgun to a juvenile (under 18) except in limited circumstances (18 U.S.C. 922(b), (x)). In 1993, the Brady Handgun Violence Pre- vention Act (Brady Act) amended the Gun Control Act to provide a method for blocking transfers to prohibited persons. The Brady Act included interim and permanent provisions. Brady 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 5 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. The interim provisions 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). National Instant Criminal Background Check System. The permanent provisions of the Brady Act, 18 U.S.C. 922(t), required establishment of the National Instant Criminal Background Check System (NICS) by November 30, 1998. The U.S. Department of Justice, with the States, developed the system during the 57-month interim period. The NICS allows a licensee to contact the system by telephone or other electronic means for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate Federal or State law. In addition to regulation of handgun sales, the permanent provisions mandate that licensees request background checks on long gun purchasers and persons who redeem a pawned firearm. 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. Submitting false information in regard to a firearm transaction may subject a transferee to prosecution under federal law and many State statutes. A licensee initiates a NICS check by contacting either the FBI or a point of contact (POC) agency designated by State government. The FBI or the POC checks available Federal and State data-bases to determine whether a disqualifying record on the transferee exists. A background check may include contacting an agency that maintains a record that the FBI or POC cannot access directly (also see Background checks). After a search of available records, the checking agency responds with a notice to the licensee that the transfer may proceed, may not proceed, or is delayed pending further review of the applicant's record. If further review of a record indicates the transfer would not violate Federal or State law, the checking agency notifies the licensee that the transfer may proceed. If the licensee does not receive a response within 3 business days, the transfer may proceed. 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. In addition to background checks on dealer transfers and firearm permit applicants, the NICS Index may be accessed for information in connection with the issuance of an explosives-related permit or license, or in response to ATF inquiries regarding enforcement of Federal firearms laws. ATF has developed a screening system that uses information from the NICS to identify potential and active violent offenders who attempt to purchase firearms. As of September 1999, NICS referrals had resulted in more than 1,000 ATF criminal investigations, with 200 cases referred for prosecution. (See Implementation of the Brady Law, ATF Report, September 1999; for information on prosecutions, see Federal Firearm Offenders, 1992-98, June 2000, NCJ 180795.) State involvement in firearm transfer regulation. Each State determines the extent of its participation in the NICS process. Three basic forms of State involvement currently exist: 1) a POC requests a NICS check on all firearm transfers originating in the State; 2) a POC requests a NICS check on all handgun transfers; licensees in the State are required to contact the FBI for approval of long gun transfers; or 3) the State does not maintain a point of contact; licensees are required to contact the FBI for NICS checks on all firearm transfers originating in the State. As of June 30, 2000, handgun transfer checks are conducted by the FBI for 24 States and by POC agencies for 26 States; long gun transfer checks are conducted by the FBI for 35 States and by POC agencies for 15 States. The overall number of State Points of Contact has remained steady, although two have changed their status since June 30, 1999. Colorado resumed POC functions on August 1, 1999. South Carolina decided to turn over all its NICS responsibility to the FBI on October 1, 1999. Four States (Colorado, Connecticut, Illinois, and New Hampshire) that had been serving as a POC, but had no law to do so, enacted legislation to establish a designated agency as a per- manent POC. On December 8, 2000, Oregon added long gun checks to the duties per- formed by its POC agency. Where a State has established a POC, the POC agencies also conduct checks on persons who apply for State permits required for receipt of a firearm. 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, which are usually county sheriffs or municipal police departments. The NICS process does not automatically supplant State firearm transfer regulations. State background check and permit statutes that existed before the effective date of the NICS remain in force unless repealed by legislative action or allowed to expire. The background check requirements of the Brady Act are the prevailing minimum nationwide. Some States have enacted additional requirements. Most background checks required by State laws are conducted by agencies that also serve as NICS points of contact. However, purchasers in six States are required to undergo two checks conducted by different agencies. If agencies that conduct checks under State law are unable to access the NICS, licensees in that State are required to contact the FBI for approval of transfers. Thus, prospective transferees in some States are required to undergo a permit or 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 The Federal Gun Control Act's categories of prohibited persons (see Background) are the prevailing minimum nationwide. State statutes may include additional or more restrictive prohibitions. Most State prohibitory laws are intended to prevent firearm possession or purchase by persons believed to be incapable of handling a weapon in a safe and legal manner. Some laws place restrictions on the timing or quantity of firearm purchases by any person and are intended to prevent secondary transfers to prohibited persons. The number of States that have enacted prohibitions in each category is listed in parentheses. Felons (49 States) -- Generally, a felony is a crime punishable by incarceration for more than one year. Although statutory definitions vary widely, legislation in 49 States prohibits firearm purchase or possession 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. 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 n umber 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. (See Jurisdictional summaries.) Misdemeanor offenders (18 States) -- Generally, a misdemeanor is a crime punishable by incarceration for less than 1 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 Gun Control Act, at 18 U.S.C. 921 (a)(15) 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.) 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 dis- charge 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 (29 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 dis- qualify persons who committed alcohol- related offenses such as driving while intoxicated. Generally, drug and alcohol of- fenders 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. A juvenile offender's access to all firearms is restricted in 19 States, and access to handguns is restricted in 5 States. The prohibitions usually continue into early adulthood or until the person regains firearm rights through a pardon, court order, or other process. In several States, persons who committed juvenile offenses must follow the same restoration of rights procedures available to adult offenders. Minors (49 States) -- The firearm rights of minors are often restricted solely on the basis of age. State laws include prohibitions on purchase or possession of firearms by minors, and prohibitions on transfer of firearms to minors. Some of these laws pre- date enactment of federal minimums. Age limitations apply to handguns in 49 States and to long guns in 36 States. The minimum age for unrestricted purchase and possession of a handgun by a minor is 21 in 13 States, 19 in 1 State, 18 in 30 States, 16 in 4 States, and 14 in 1 State. The minimum age for unrestricted purchase and possession of a long gun by a minor is 21 in 1 State, 18 in 30 States, 16 in 4 States, and 14 in 1 State. The laws provide for numerous exceptions to prohibitions based solely upon age. Generally, possession of a firearm is permissible when a minor is engaged in educational or recreational activities under the supervision of a parent, guardian, or certified firearms instructor. Other restrictions. Further categories of prohibited persons are also defined in State statutes, including illegal aliens, persons dishonorably discharged from military service, and persons who fail to complete a firearm safety course (see Jurisdictional summaries). Restrictions on the timing or quantity of firearm purchases include residency rules and handgun purchase limits. The Gun Control Act generally prohibits interstate transfers of firearms between unlicensed persons (18 U.S.C. 922(a)(5)). A licensed dealer generally cannot transfer a firearm other than a rifle or shotgun to a nonlicensee who does not reside in the State where the licensee does business (18 U.S.C.922(b)(3)). Several States prohibit licensed dealers from selling certain firearms to nonresidents. Three States (Maryland, Missouri, and Virginia) require fixed periods of residency, ranging from 1 to 6 months, before a person can purchase certain firearms. Residency rules are intended to prevent nonresidents from purchasing and reselling firearms banned in their home State. There are no Federal restrictions on the frequency or quantity of firearms purchased. However, a handgun purchase limit of one per month prevails in California, Maryland, South Carolina, and Virginia. These limits are intended to deter persons who would purchase large quantities of handguns for resale to prohibited persons. Between July 1, 1999, and June 30, 2000, 11 States enacted new categories of prohibited persons or amended existing prohibitions. Included in the new legislation were four prohibitions against domestic violence of- fenders and three prohibitions against minors or juvenile offenders. Types of firearms A typical definition of a firearm is "any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive." (See Maryland Code 27-441.) Firearms can generally be divided into two major categories: handguns and long guns. A handgun is a weapon that can be held or fired with one hand, such as a pistol or revolver. A long gun is a weapon that requires two hands to hold or fire, such as a rifle or shotgun. State codes sometimes divide firearms into categories based upon the length of the barrel. An assault weapon can be a handgun or long gun, but is distinguished by the presence of special features common to military weapons (see for example the definition given in 18 U.S.C. 921(a)(30)). The most common features of assault weapons are a semiautomatic firing mechanism which allows a shot to be fired with each pull of the trigger without reloading, and a large- capacity magazine that holds numerous rounds of ammunition. The terms firearm, handgun, long gun, and assault weapon, as defined above, are generally used throughout this report to facilitate comparisons between the laws and procedures of the jurisdiction summarized. However, terms and definitions used in firearm codes vary considerably by jurisdiction. For the sake of clarity, a few of the summaries use terms and definitions specific to a particular jurisdiction. Readers are advised to consult a jurisdiction's laws for a complete understanding of its terminology. (Citations to statutes are included in the jurisdictional summaries and in tables 3, 8, 9, and 10.) The primary focus of this report is upon regulation of transfers involving handguns, long guns, and assault weapons possessed lawfully before September 13, 1994 (the effective date of the Federal assault weapons ban under 18 U.S.C. 922(v)). Prohibitions against transfer and possession of certain sub-categories of firearms, such as machine guns, short-barrel ("sawed-off") rifles and shotguns, and low-cost handguns ("junk guns") are not described. Types of firearms that are wholly exempt from regulation in many jurisdictions, such as antique and replica firearms, are generally not discussed in this report. Handguns are the most frequent target of regulation because they can be easily concealed upon a person and are used in the overwhelming majority of crimes committed with a firearm. During a five-year period studied, handguns were found to have been involved in over 80% of homicides and assaults where the type of firearm used was known (see Firearm Injury and Death from Crime, 1993-97, October 2000, NCJ 182993). Long guns are used much less frequently in crime and are subject to less extensive regulation than handguns. Assault weapons are regulated because of their ability to rapidly fire a high volume of ammunition. (Methods of regulating various types of firearms are described in Regulated sales, Permits, and Background checks.) Regulated sales Firearms are sold either by dealers licensed under Federal and State laws, or by unlicensed persons (private sales). Most sales occur at the business premises of licensed dealers or at gun shows, which may include licensed and unlicensed sellers. In addition to sales and gifts, firearms can be transferred in pawn transactions, where a weapon is pledged as collateral for a loan and can be redeemed when the loan is repaid. Redemptions of pawned firearms are often regulated in the same manner as sales under State law. Federal law requires a check through the National Instant Criminal Background Check System (NICS) of all persons who receive a firearm from a Federal Firearms Licensee (FFL), either by purchase or by redemption of a pawned firearm. Licensees have the option of requesting checks on persons who attempt to pawn a firearm. (See Background for further details on the NICS.) In addition to Federal requirements, back- ground checks of persons seeking either to receive firearms from licensed dealers or obtain permits required for transfer are conducted in 31 States. Of these States, 19 regulate dealer transfers of all types of firearms, 2 regulate dealer transfers of handguns and assault weapons, and 10 regulate only handgun transfers by dealers. The laws of 15 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, 11 require that the person receiving the firearm have a permit and 5 require the receiver to undergo a check (Connecticut is counted twice because it mandates both procedures for handguns). Eight States regulate private transfers of all types of firearms, one regulates private transfers of handguns and assault weapons, and six regulate only handgun transfers. Generally, these regulations apply to transfers initiated at any location, whether it be a person's home, a gun show, or anywhere else. Five States have statutes that specifically cover gun shows, including three that have been enacted since June 30, 1999. California requires a show organizer to obtain a certificate of eligibility from the Department of Justice and provide local law enforcement with a list of all the show's sellers. The law was amended in 1999 to exclude minors from gun shows unless they are accompanied at all times by a parent or guardian. A new Connecticut statute mandates instant checks on all gun show sales and requires a promoter to provide information to the local chief of police. Maryland requires that unlicensed gun show sellers obtain a temporary transfer permit from the State, have a fixed display, and comply with all restrictions imposed upon transfers by licensed dealers. A statute recently enacted in New York requires that gun shows have at least one licensed dealer present to process background checks on all sales. A new Virginia statute requires that any person who sells firearms at a gun show must submit to a background check and obtain a seller identification number from the Virginia State Police. (Recent legislation is also summarized in table 11.) Several States regulate redemptions of pawned firearms in the same manner as sales. The pawning of any firearm is prohibited in New Jersey, while five other States ban the pawning of handguns. Statutes requiring background checks for firearm transfers usually allow exemptions for certain types of persons or transactions. Common exemptions are those for purchases by law enforcement officers, transfers of antique and replica firearms, and gifts or loans of firearms from parents or guardians to minor children. Permits Permits are documents issued by a government agency after a background check, which are required for the purchase, possession, or carrying of firearms. (The discussion below refers to all such documents, by whatever title, as "permits," and is primarily concerned with permits that can be used during the purchase of a firearm.) Twelve States administer purchase permit systems, 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. Four States require a permit to purchase handguns and long guns. Seven States only require a permit to purchase a handgun (Connecticut's handgun permits allow waiver of the long gun waiting period). In Minnesota, purchasers of handguns and assault weapons have the option of undergoing a back- ground 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. Long gun permits generally remain effective for a longer period than handgun permits. New Jersey's identification card for long guns remains in effect until revoked for a violation of law; among the other three States with long gun permits, the duration of permits ranges from 1 to 5 years. The number of handguns that can be purchased by one person is sometimes limited by a State permit. In seven States, only one handgun can be purchased with a permit. Six of these States mandate a new permit for a second handgun, with New York requiring an amendment to the purchaser's handgun license. Five States allow unlimited handgun purchases during the effective period of a permit. Unlimited purchases of rifles and shotguns are allowed in the four States that issue long gun permits. In six States, holders of purchase permits must undergo another background check before receiving a firearm from a licensed dealer. Connecticut and Illinois mandate the additional check by statute; in Massachusetts, Minnesota, Missouri, and New Jersey, purchasers must undergo a NICS check requested by a dealer because their purchase permits are not qualified by ATF as an alternative to the NICS requirements (see Background). Federal law does not mandate a permit to purchase firearms. However, ATF-qualified State permits for purchase, carrying, or other activities can be used to exempt the holder from the NICS check. At least some permit holders in 35 States are exempt from Federal or State checks (or both) when purchasing firearms. As of June 30, 2000, 19 States issued carry permits that exempted the holder under the permanent Brady law that took effect on November 30, 1998. In 18 States, certain permits issued before November 30, 1998, have been "grandfathered" in as exempt because they were qualified by ATF under the interim Brady law. 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. States that issue carry permits are generally categorized as having either a "shall issue" or a "discretionary" system. The former system mandates issuance of a permit if no statutory reason for denial is revealed during a background check of the applicant. The latter system allows a law enforcement officer to consider the applicant's history, character, and intended purpose for carrying a firearm. Carry permits are required in 42 States; Vermont allows carrying without a permit, and seven States prohibit concealed firearms. With the exception of New Mexico, all of the States that prohibit concealed firearms are in the Midwest. Background checks Over 3,000 State and local agencies conduct background checks related to firearm transfers. Procedures for determining the eligibility of persons who apply for a transfer or a permit required for transfer can generally be classified as "instant approval," "purchase permit," or "other approval" systems. Carry permits, which can be used for a transfer in many States, have approval procedures similar to those required for purchase permits and may have more stringent requirements. Instant approval (instant check) systems allow licensed 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. Purchase permit systems require prospective purchasers to file an application with the appropriate checking agency. An approved applicant must present the permit to a seller to receive a firearm. (See Permits.) Other approval systems combine some of the characteristics found in instant check and permit systems. Generally, 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 waiting period or statutory time limit. Instant approval systems include the FBI's NICS operation (see Background) and the procedures of 18 States; 12 States utilize purchase permits, and 4 States maintain other approval systems. (Connecticut, Illinois, and New Jersey are each counted twice because these States operate permit and instant approval systems.) The instant approval systems allow a firearm transfer to proceed as soon as the checking agency informs the seller that no disqualifying record was found on the purchaser, unless the applicable State law requires a waiting period. Three of the four other approval -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. Time limits for instant approval systems are usually 3 days or less; other approval-type systems allow 7 to 10 days, and most permit systems allow 7 to 30 days. Some statutes allow an extension of time for specific circumstances. For example, if an applicant's history includes a felony arrest without a recorded disposition, the checking agency may be granted additional time to contact the agency that originated the record and inquire about the outcome of charges against the applicant. Instant approval and other approval systems usually allow a transfer to proceed if the seller has not received a response from the checking agency by the end of the applicable period. Permit systems usually require the checking agency to reach a decision and inform the applicant of the decision before the end of the statutory time limit. The effectiveness of background checks are impacted by the type of record search conducted (automated or manual) and by the data available during each type of search. The vast majority of record searches are automated, but some types of data, such as local mental health records, tend to be maintained manually. (For information on automation of criminal history records see Survey of State Criminal History Information Systems, 1999, June 2000, NCJ 184793.) The exhaustiveness of a background check may also be limited by missing arrest dis- positions and other instances of incomplete or missing records. Between July 1, 1999 and June 30, 2000, nine States enacted new legislation related to firearm background checks. The only new approval system implemented was in Connecticut, where a telephone instant check replaced the former mail-based system. The expiration date of Florida's instant check law was first extended to June 1, 2000, and subsequently to June 1, 2002. The Utah instant check law was amended to authorize dealer requests and checking agency responses by electronic means other than telephone. Waiting periods A waiting period is a length of time after a firearm purchase application is filed with a seller or a permit application is filed with a law enforcement agency, which must expire before transfer of the firearm or issuance of the permit can be completed. The length of time an applicant must wait is sometimes referred to as a "cooling-off" period, intended to deter persons who desire a firearm immediately for use in a specific misdeed. Another purpose of a waiting period is to provide sufficient time for law enforcement agencies to investigate and resolve questions about an applicant's background, especially if searches of local or manual records are necessary. However, mandatory waiting periods should be distinguished from time limits on inquiries by a checking agency into an applicant's background (see Background checks). Thirteen States require waiting periods, which range in length from 1 to 14 days. Of these States, 12 require a waiting period for handgun permits or purchases, 2 include assault weapons, and 5 include long guns within their waiting period regulations. Between July 1, 1999, and June 30, 2000, only Connecticut changed its requirements, eliminating the waiting period for handgun transfers when a new instant check law went into effect. Waiting periods are used in every region of the Nation and are most often found in States with extensive firearm regulations. Exemptions from waiting periods have been enacted in some States for law enforcement officers, holders of valid carry permits, or other specific classes of persons who have demonstrated the ability to handle a firearm responsibly. Several States mandate both a waiting period and a time limit on inquiries by a checking agency, which may or may not be the same length of time. The Federal instant check law (NICS) provides 3 days for a checking agency to respond to an inquiry from a licensed dealer, but does not mandate a waiting period for purchasers (see Background). Retention of records/registration Consistent with State law records of firearm transactions are retained by checking agencies for various reasons (e.g., to facilitate audits of system performance or correction of errors). In some States, retention periods vary by type of data. For example, a name, approval number, and date for an approved transaction may be retained for a longer period than other data about the applicant. In States that require a license or identification card to possess a firearm, records of approved applications are retained in order for law enforcement officers to verify whether a particular person is legally in possession of a firearm. Records of denied transactions are retained to facilitate appeals, arrests, and prosecutions, and to build databases on prohibited persons. Registration records, which normally include information on a firearm and its owner, facilitate tracing of firearms that are resold illegally, used in a crime, or stolen. Some checking agencies receive and retain paper records on permit or purchase applications. Nevertheless, most information on purchasers is transmitted over the telephone by a licensed dealer and stored electronically. Requirements for maintaining or purging transaction data vary among the States. Retention of information on approved firearm transactions is often limited by Federal and State laws. In contrast, retention of information on denied transactions is seldom limited, due to its usefulness for other purposes. Thirty-three 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, pursuant to statute or agency regulations. In contrast, nearly all agencies retain records of denied transactions indefinitely or for a specific length of time longer than 90 days. Registration or retention of all approved transaction records is mandated in eight States for handguns, long guns, or assault weapons. Other types of firearms may be registered as well; for example, Louisiana maintains registers of machine guns and firearms with altered serial numbers. (Statutes requiring registration or retention of records are listed in. The laws of several States prohibit registration of firearms. Between July 1, 1999, and June 30, 2000, New Hampshire shortened the time period for retention of approved transaction records by the Department of Safety to 1 day, and California amended its registration requirements to include firearms newly designated as assault weapons. Appeals of denials 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 (see Background) 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 that maintain criminal history, restraining order, mental health, or other records, which could disqualify an applicant. The appellant may be required to obtain data from or submit data to the agency that originated the disputed record. Appeals often arise when a denied person claims that he or she is not the individual named in a disqualifying record found by the checking agency. To resolve the identity question, the appellant will ordinarily submit fingerprints (if they are not already on file) which will be checked against Federal and/or State arrestee print records. If the appellant's prints do not match any 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. Firearm rejection rates State and local checking agencies received an estimated 4.083 million firearm transfer applications during 1999; an estimated 123,000 applications were rejected, a rejection rate of 3.0% (FBI checks are not included in these figures or in the analysis below). Included in these figures are applications for transfers, permits required for transfers, and carry permits that could be used to exempt the holder from a point-of-transfer background check. This national estimate combined actual counts from statewide reporting agencies with an estimate for aggregated local agencies. The rejection rates for the various types of firearm approval systems were estimated to be 3.6% for instant approvals, 2.4% for purchase permits, 2.1% for exempt carry permits, and 0.9% for other approval systems. The predominant reason (72.5%) for rejection of an application by a State or local checking agency was the applicant’s indictment or conviction for a felony offense. (See Background Checks for Firearm Transfers, 1999, June 2000, NCJ 180882.) The number of applications received and re- jected, and rejection rates for statewide agencies during 1999 are reproduced in table 1.Sixteen instant approval systems exhibit the widest variation in rejection rates, ranging from 0.4% (New Jersey) to 6.7% (Colorado). Statewide rejection rates for purchase permit applications are available only from New Jersey (1.7%) and Illinois (2.8%). Rejection rates for eight States that reported exempt carry permit counts range between 0.8% (Mississippi) and 2.7% (Indiana). Complete statewide data was reported by two "other approval" systems for firearm transfer applications, California (0.9%) and Maryland (1.8%). Variation among States in rejection rates may be influenced by many interrelated factors: type of approval system, number of years the system has operated, extent of State firearm regulation, length of time allowed for an agency to complete a check, extent of automation of criminal histories and other records, the decision-making process for records with missing arrest dispositions, appeal procedures, types of firearm transfers subject to checks, and differences in crime rates and economic characteristics among local communities and States. Additional research is needed to determine the relationship between each factor and the rejection rates. Although the full impact of these factors has not been quantified, a few observations are possible from the limited information available. The lowest rates occur in New Jersey (0.4%), Connecticut (0.5%), and Illinois (0.8%), where an instant check at the point of transfer is the second step required for approval of prospective firearm owners. Before an instant sale check can be conducted, New Jersey requires a prospective owner to obtain an identification card (for long guns) or a handgun permit; Connecticut mandates a pistol permit or an eligibility certificate for handguns; and Illinois mandates an identification card for any firearm. As indicated above, the rejection rate is considerably higher in New Jersey (1.7%) and Illinois (2.8%) during the first step of the process (counts for Connecticut's first step are not available). The highest rejection rates tend to occur in States that implemented an instant approval system on or after the effective date of the Brady Act, such as Colorado (6.7%), Tennessee (6.6%), and Georgia (5.7%). On the other hand, approval systems established before passage of the Brady Act tend to have lower rejection rates. These systems include Virginia (1.5%), as well as several States mentioned above: New Jersey, Connecticut, Illinois, California, and Maryland. States with older approval systems also tend to have extensive firearm regulations. As prospective firearm owners become more knowledgeable about laws and procedures in the States with well-established systems, some persons with potentially disqualifying records may be discouraged from applying for a purchase or permit in those States. Likewise, the relatively low rejection rate for carry permit applicants may occur because some persons are discouraged from applying for a carry permit, which generally have more stringent requirements than purchase approval systems. It is likely that many carry permit applicants have already passed the background check necessary to obtain a firearm. On the other hand, a person who was unable to purchase a firearm would have little incentive to apply for a carry permit. States differ as to the types of records maintained, the degree of automation used in record searching, and whether records are in a central database or maintained by county courts or other local agencies. In addition to searching home-state files, checking agencies need access to records in other jurisdictions as well. Checking agencies most frequently encounter delays in researching the final disposition of a criminal charge indicated by an arrest, information, or indictment record. If the final disposition cannot be found during the time allowed for a background check, a decision must be made whether the application will be approved, denied, or delayed pending further research. This decision is often dictated by State law. A State's rejection rate will tend to be low if an approval is mandated and high if a denial is mandated. At the Federal level, the FBI denies approval only upon finding a conviction. In most jurisdictions, an applicant has the right to appeal an unfavorable decision by the checking agency. Processing and reporting of appeals may influence rejection rates; however, only limited data are available on the number of appeals filed and very little data are available on the results of appeals. Background checks on long gun purchasers have been required by the permanent provisions of the Brady Act since November 30, 1998, and by the laws of several States prior to that date. Since most checking agencies do not separate rejections by the type of firearm, the effect of long gun checks on rejection rates is unknown. Jurisdictional summaries Information included in the Federal and State summaries References on this page to "State" generally include all jurisdictions summarized (the United States and each State, Territory, Commonwealth, and District). Topics listed are not alphabetized; they follow the order of presentation used in the summaries. Laws that apply nationwide are included in the Federal summary and 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. Automated and manual databases maintained by State agencies that are normally available to checking agencies during the course of a background check on a prospective firearm buyer. Check processing time. The length of time needed, on average, for checking agencies to complete background checks on routine transactions and those that require additional research on missing dispositions and other questions. Retention of records. Time limits on retention of data from approved and denied firearm transactions by checking agencies and other agencies, based on Federal or State law or agency policies. Registration. State procedures for maintaining permanent records on firearms and firearms owners. Appeals of denials. Statutory or administrative procedures for appealing a denial of the right to purchase a firearm or obtain a permit required for purchase. Arrests of denied persons. Arrest and notification procedures followed by checking agencies in regard to persons who are denied a firearm or a permit because they submitted false information or have an outstanding warrant. 1999 firearm checks. The number of firearm applications (point-of-sale and permit) and denials, and the denial rate for States that maintained statewide data, for the last full year available. 1999/2000 legislation. Significant changes in laws related to firearm sales that became effective between July 1, 1999, and June 30, 2000. Relevant laws. Citations to statutes governing the transfer, possession, and use of firearms. Source of information. State agencies that contributed to the survey. Federal system Prohibited persons. Federal law prohibits firearm possession by or transfer to a person who is: under indictment for or convicted of a crime punishable by imprisonment for more than 1 year; a fugitive; an unlawful user of or addicted to any controlled substance; adjudicated as a mental defective or committed to a mental institution; an illegal alien or an alien admitted under a nonimmigrant visa; dishonorably discharged from the armed forces; a renounced U.S. citizen; restrained by court order from harassing, stalking, or threatening an intimate partner or child; or convicted in any court of a misdemeanor crime of domestic violence. It is unlawful for a licensed dealer to transfer a long gun to a person under 18 or a handgun to a person under 21; no one can transfer a handgun to a person under 18 except in limited circumstances. Restoration of rights. Federal firearm rights can be restored by a presidential pardon or by ATF; agency decisions can be appealed to Federal district court. Regulated sales. Record checks through the National Instant Criminal Background Check System (NICS) are required on persons who purchase firearms or redeem pawned firearms from federally licensed dealers. A dealer has 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, gender, 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. State laws establish POC fees. Federal data. The three major Federal databases are the Interstate Identification Index (III), containing pointers to State criminal histories; the National Crime Information Center (NCIC), containing fugitive, protection order, and deported felons data; and the NICS Index, containing denied person, dishonorable discharge, renunciation of citizenship, mental 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, 72% 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 that may be retained not more than 6 months for auditing purposes. Registration. No Federal requirements. Appeals of denials. A person who is denied a firearm after a NICS check can appeal to the denying agency (FBI or POC), and may be required to contact the agency that originated the disqualifying record. As an alternative, the appellant can ask the FBI to review a POC denial. A further appeal may be filed in Federal district court. Arrests of denied persons. The FBI refers Federal law violators to ATF. 1999 firearm checks by the FBI. 4,538,000 applied; 81,000 denied (1.8%). 1999/2000 legislation. No significant changes. Relevant laws. United States Code 18-922 et seq. Source of information. FBI, NICS Program Office. Alabama FBI conducts NICS checks Prohibited persons. State law prohibits ownership, possession, or control of a handgun by a person who has been convicted in Alabama or elsewhere of committing or attempting to commit a crime of violence, or is a drug addict or habitual drunkard. It is illegal to deliver a handgun to any person under the age of 18 or to one who the seller has reasonable cause to believe has been convicted of a crime of violence or is a drug addict, a habitual drunkard, or of unsound mind. Restoration of rights. State law does not provide for restoration of firearm rights. Regulated sales. Background checks on firearms purchasers are not required by Alabama law. The pawning of a handgun is prohibited. Permits. No permit is required to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Alabama contact the FBI for all checks required by the Brady Act. Waiting period. State law requires a 48-hour waiting period, beginning when an application is filed, before a handgun can be transferred, regardless of when a back- ground check is completed. Information from applicants. Alabama'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 available via the statewide computer network. Check processing time. Not applicable. Retention of records. State law requires a handgun seller to forward a copy of a purchaser's statement 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 send a duplicate copy to the director of public safety. The statute does not specify a retention period for the law enforcement agencies. Registration. No State requirements. Appeals of denials. A person who is denied a firearm by the FBI may appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant changes. Relevant laws. Code of Alabama 13A-11-50 et seq. Source of information. Alabama Bureau of Investigation; Alabama Criminal Justice Information Center. Alaska FBI conducts NICS checks Prohibited persons. Alaska law prohibits handgun possession by or sale to a person who was convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult. It is illegal for a firearm to be possessed by or sold to a person whose physical or mental condition is substantially impaired by intoxicating liquor or controlled substances. An unemancipated minor under 16 years of age cannot possess a firearm without the consent of a parent or guardian. Restoration of rights. The State allows a convicted felon's right to own a handgun to be restored if the conviction is pardoned or set aside. If at least 10 years have elapsed since the offender's unconditional discharge, firearm rights are restored except for those who committed felony "crimes against persons." Regulated sales. State law does not require background checks on firearms purchasers. Permits. Alaska does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Alaska contact the FBI for all checks required by the Brady Act. ATF allows a concealed handgun permit issued by the Alaska Department of Public Safety 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 con- victions 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. A person who is denied a firearm may appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. Concealed handgun permit statutes were amended. 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 makes it illegal to sell or transfer a firearm to a prohibited possessor, defined as any person who has been found to be mentally ill by a court, convicted of a felony, adjudicated delinquent, imprisoned, or serving a term of probation, parole, community supervision, work furlough, home arrest, or release on any other basis. It is illegal to knowingly transfer a firearm to a person who intends to use the firearm in the commission of any felony. A firearm cannot be transferred to or possessed by a minor under the age of 18 except in limited circumstances. Restoration of rights. Adult felons convicted of "dangerous offenses" cannot regain the right to possess firearms. All other felons discharged from probation must wait a certain length of time, depending on the offense, before applying for a court order to restore firearm rights. For adult felons, the waiting period is 10 years for "serious offenses" and 2 years for other offenses. For juvenile felons, the waiting period is until age 30 for dangerous and serious offenses, and 2 years for most other offenses. 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 issued by the Department of Public Safety 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. About half of the transactions that require additional research are completed in less than 3 days. Retention of records. Records are retained for a maximum period of 28 days on approved transactions and 5 years on disapproved transactions. Registration. No State requirements. Appeals of denials. Persons denied a firearm may appeal to FCC for correction of information. 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 to receive firearms. 1999 firearm checks. Transfers: 145,832 applied; 4,228 denied (2.9%). Carry permits: 20,114 applied; 460 denied (2.3%). 1999/2000 legislation. No significant changes. 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 Brady Act. ATF allows a concealed handgun permit issued by the Arkansas State Police to be used for a purchase without a NICS check, if the permit was issued prior to November 30, 1998, or on or after April 1, 1999. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. None. State data. Fully automated fugitive, criminal history, and domestic violence restraining order/misdemeanor data are available on the statewide network. Check processing time. Not applicable. Retention of records. 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. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. 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 (under 21 for handguns; under 18 for long guns) except in limited circumstances. Handgun owners must complete a safety course or show proof of exemption, and are limited to 1 purchase in a 30-day period. 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. Persons committed to a mental institution can have their rights restored by the proper court. Regulated sales. Background checks are required for firearm sales by State-licensed dealers and unlicensed persons, and for pawn redemptions processed through dealers. Additional regulations apply to gun shows. Permits. A permit is not required to purchase firearms, but is required to possess a machine gun or an assault weapon. Carrying a concealed firearm requires a license. Background checks. The California Department of Justice (DOJ) is a NICS point of contact and conducts all checks required by Federal and State law. Private sales are processed through a licensed dealer or law enforcement agency. Dealers contact DOJ by telephone or computerized "point-of-sale device." Waiting period. A 10-day waiting period is required for all firearms, regardless of when a background check is completed. Information from applicants. The Dealer's Record of Sale (DROS) form requires a buyer's name, alias, gender, home address, local address if traveling, California driver's license, California ID card or military ID card number (with duty orders showing a station in the State), Basic Firearms Safety Certificate or exemption number, height, weight, descent, hair color, eye color, responses to questions concerning potential prohibited status, and date of application. Purchaser fees. DOJ charges $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 (by those who are exempt from the one per 30-day rule). State data. California maintains fully automated fugitive, criminal history, domestic abuse restraining order/conviction, probation/parole, juvenile, 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 are retained indefinitely. Other transaction data are retained indefinitely on microfiche if entered prior to April 1, 1997, or in an automated file if entered after that date. Registration. Handguns are not registered, but the automated files maintain a record of handgun transfers. New residents must report handgun ownership. Assault weapons are registered. Appeals of denials. A person who is denied a firearm can appeal to California DOJ. Arrests of denied persons. In cases involving falsified applications or outstanding warrants, DOJ informs the agency with jurisdiction over the individual. Persons with warrants cannot receive a firearm if a conviction would disqualify them. 1999 firearm checks. Transfers: 513,418 applied; 4,779 denied (0.9%). 1999/2000 legislation. A one handgun per month law was added. Gun show and assault weapon regulations were amended. Relevant laws. California Penal Code 12000 et seq. Source of information. California Department of Justice. Colorado State requests NICS checks Prohibited persons. Colorado law forbids transfer of a firearm to any person who is prohibited by Federal or State law; arrested for or charged with a crime for which the person, if convicted, would be prohibited by Federal or State law; or the subject of an indictment, information, or felony complaint alleging a crime punishable by imprisonment exceeding 1 year. A firearm cannot be possessed by a person who is a previous felony offender or was adjudicated for an act that would be a felony if committed by an adult. A handgun cannot be possessed by or transferred to a person who has not attained the age of 18 years, 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 back- round 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. Licensed dealers in Colorado request instant checks by using a 1-800 number. State law mandates denial of a person arrested or indicted for a potentially disqualifying offense if no final disposition of the case is noted in databases searched. Waiting period. No State requirements. Information from applicants. Colorado's application includes the purchaser's name, address, race, gender, and date of birth. A Social Security number is optional. Purchaser fees. 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 3 minutes; 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 can be retained indefinitely. Registration. No State requirements. Appeals of denials. A person who is denied a firearm can appeal to the CBI. Arrests of denied persons. All persons who are denied or have an outstanding warrant are reported to federal, state, and local law enforcement agencies with jurisdiction over the applicant' residence and the dealer's premises. 1999 firearm checks. Transfers: 100,126 applied; 6,668 denied (6.7%). Note: CBI checks only (April through July checks conducted by FBI are not included). 1999/2000 legislation. A new statute designated CBI as a permanent point of contact for the NICS, and mandated instant check procedures and firearm sales restrictions. An amendment improved CBI's access to juvenile delinquency records for use in firearm background checks. Relevant laws. Colorado Revised Statutes 18-12-101 et seq; 24-33.5-424. Source of information. Colorado Bureau of Investigation. Connecticut State requests NICS checks Prohibited persons. An eligibility certificate or pistol permit for a handgun cannot be issued to a person who did not complete a firearm safety course, or was convicted of a felony, a domestic violence misdemeanor, or any of 11 other misdemeanors; discharged from custody within the preceding 20 years after being found not guilty of a crime by reason of mental disease; confined to a hospital for mental illness within the preceding 12 months by court order; convicted as delinquent for commission of a serious juvenile offense; or is subject to a restraining or protective order, or is an illegal alien or under age 21. A firearm cannot be possessed by a person who was convicted of certain felonies or a serious juvenile offense. Restoration of rights. The Board of Firearm Permit Examiners can restore firearm rights after a review, if the offender previously possessed a pistol permit. Regulated sales. State law requires back- ground checks on persons who apply for permits, redeem firearms, or make a purchase from a licensed dealer or a gun show seller or other unlicensed individual. Permits. An eligibility certificate or pistol permit is required to purchase a handgun. Both documents are valid for 5 years and allow unlimited purchases. These permits are not required to purchase a long gun but will waive the waiting period (see below). 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 permits and eligibility certificates, and on firearm purchasers. ATF allows a pistol permit issued before November 30, 1998, to be used in lieu of a NICS check (State law still requires a check at the time of purchase). Instant checks on purchasers are conducted by telephone (1-888-335-8438 within the State). Waiting period. A 14-day waiting period, which begins when an application is filed, is required for a long gun transfer, unless the buyer has a valid permit or qualifies for an exemption. Information from applicants. Connecticut's application to purchase requires the buyer's full name, date of birth, current address, race, gender, height, weight, date of application, pistol permit or eligibility certificate number and expiration date, driver's license number and state of issue, hunting license number (for long gun sale), salesperson's name, and sales authorization number. A Social Security number is optional. Purchaser fees. A maximum fee of $35 is charged for pistol permits and eligibility certificates. State data. Connecticut maintains fugitive, criminal history, probation/parole, domestic abuse restraining order/misdemeanor, mental health, and juvenile data. Check processing time. If no questions arise about an applicant's eligibility, a sale check is normally processed in less than 30 seconds. Nearly all eligibility questions are resolved in less than 1 minute; if additional research is needed, a check is normally processed within 3 days. Retention of records. CSP retains denied purchase applications for 10 years. A dealer must retain approved applications for the life of the business. Registration. Data on the sale, weapon, buyer, and seller are recorded on a registration form. Appeals of denials. A person who is denied a permit or firearm can appeal to CSP. Permit denials can be further appealed to the Board of Firearm Permit Examiners. A permit denial due to a criminal record must be cleared by the Board of Pardons. Arrests of denied persons. Cases involving falsified applications or attempts by prohibited persons to buy firearms are referred to the Firearms Trafficking Unit. 1999 firearm checks. Transfers: 49,285 applied; 255 denied (0.5%). 1999/2000 legislation. Sales check, gun show, and waiting period procedures were amended. Relevant laws. Connecticut General Statutes 29-27 et seq; 53-202 et seq; 53-217a et seq. Source of information. Connecticut State Police, Special Licensing and Firearms Unit (860-685-8290). Delaware FBI conducts NICS checks State conducts separate checks Prohibited persons. Delaware law prohibits purchase or possession of 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; adjudicated delinquent for conduct which if committed by an adult would constitute a felony; subject to protection from abuse orders; or convicted of a misdemeanor crime of domestic violence. Juveniles cannot possess handguns without adult supervision. It is illegal to transfer a firearm to a child under 18 years of age (without parental consent), a person who intends to commit certain crimes, or a prohibited person. A handgun cannot be sold to a person under the age of 21 or to an intoxicated person. Restoration of rights. A convicted felon's right to own a firearm may be restored through a governor's pardon. A person who committed a disqualifying misdemeanor may regain firearm rights 5 years after conviction; those who committed disqualifying juvenile offenses regain their rights at age 25. Regulated sales. Under Delaware law, background checks are required for sales of handguns and rifles by licensed dealers, and are optional for private sales. Shotgun purchases are exempt from Delaware check requirements. Permits. A permit is not required to purchase firearms. A permit is required to carry a con- cealed handgun. Background checks. State law requires that licensed dealers call the Delaware State Police (DSP) for instant checks, by using a 1-800 number. DSP has a maximum of 3 days to complete a check. A holder of a concealed handgun permit issued by a county superior court is exempt from the check required by State law. Delaware is not a point of contact for the NICS; dealers must contact the FBI for handgun, rifle, and shotgun checks required by the Brady Act. ATF allows a concealed handgun permit issued before November 30, 1998, 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, gender, date of birth, Social Security number, and date of application. If the application is rejected, the type, make, model, and serial number of the weapon are recorded. Purchaser fees. None. State data. Delaware maintains fully automated fugitive, criminal history, probation/parole, juvenile, and domestic violence restraining order/misdemeanor data on a statewide network. Mental health files are 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. State law provides that a firearm denial can be appealed 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 to apprehend the suspect. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant changes. Relevant laws. Delaware Code 11-1441 et seq; 24-901 et seq. Source of information. Delaware State Police. Florida State requests NICS checks Prohibited persons. Florida law prohibits the transfer of a firearm to a person who has been convicted of a felony, a delinquent act that would be a felony if committed by an adult, or a misdemeanor crime of domestic violence; had adjudication of guilt withheld or imposition of sentence suspended on a felony charge and 3 years have not elapsed since the completion date of any court provisions; has been indicted for a felony; is subject to a protective order; has been arrested for a "dangerous crime," or other offenses enumerated in State law; or is a minor under the age of 18 and lacks permission of a parent or guardian. A firearm cannot be possessed by a person who is a felon, a delinquent, restrained by a domestic violence injunction, a violent career criminal, or mentally incompetent. Restoration of rights. Florida allows a convicted felon's right to own firearms to be restored through a pardon from the jurisdiction where the felony conviction occurred. A person convicted of a delinquent act that would be a felony if committed by an adult can regain firearm rights when the jurisdiction of the court expires. Regulated sales. Background checks are required for firearm sales by licensed importers, manufacturers, and dealers. Certain pawnshop redemptions are also subject to checks. Permits. No permit is required to purchase firearms. A license is needed to carry a concealed firearm. Background checks. The Florida Department of Law Enforcement (FDLE) is a point of contact for the NICS and conducts checks required by Federal and State law. Checks on firearms redeemed within 90 days of being pawned can be conducted by the FBI; if a weapon is redeemed after 90 days, the check is conducted by FDLE. ATF allows concealed firearm licenses issued before November 30, 1998, to be used for purchases without a NICS check. If a purchaser is not disapproved within 3 business days, the dealer must contact FDLE before releasing the firearm. Waiting period. Handgun purchases require a waiting period of 3 business days, beginning when an application is filed, regardless of when a background check is completed. Some counties extend the waiting period by ordinance. Information from applicants. State law requires the purchaser's name, date of birth, gender, race, and Social Security number (optional) or other identification number. Purchaser fees. FDLE charges $8 for the background check. State data. Florida 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. A person who is denied a firearm 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 agencies with jurisdiction over the fugitive and the location of the dealer. All denied persons are reported monthly to ATF, special agency personnel, and local police by the Office of Statewide Intelligence and the Firearm Purchase Program. 1999 firearm checks. Transfers: 239,876 applied; 6,083 denied (2.5%). 1999/2000 legislation. The expiration date of Florida's instant check law was first extended to June 1, 2000, and subsequently extended to June 1, 2002. Relevant laws. Florida Statutes 790.001 et seq. Source of information. Florida Department of Law Enforcement, Firearm Purchase Program. Georgia State requests NICS checks Prohibited persons. State law prohibits possession of a firearm by a person who is on probation as a first offender or has been convicted of a felony in Georgia or elsewhere. A person under the age of 18 can possess a handgun in certain circumstances, unless he or she has been convicted of a forcible offense or adjudicated delinquent. A handgun cannot be sold to a person who is prohibited by State or Federal law, or has been involuntarily hospitalized within the preceding 5 years. Restoration of rights. A convicted felon can regain the right to possess firearms if the person is granted a pardon and the Pardon and Parole Board specifically restores possession rights. Regulated sales. State law requires back- ground 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 issued by county probate courts are exempt from sale checks under ATF and State rules. Licensed dealers request instant checks by using a 1-800 number. The GBI is allowed 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 provided in the statute). Waiting period. No State requirements. Information from applicants. Georgia's consent form requires the purchaser's name, gender, race, and date of birth, plus a Social Security or other identification number. 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 3 minutes. Transactions requiring additional research are normally processed in less than 1 day. Retention of records. The Georgia Consent Form is attached to the ATF 4473 and retained by the dealer. The GBI does not retain information on approved sales; data on denied transactions is retained for 90 days. Registration. No State requirements. Appeals of denials. A person who is denied a firearm can appeal to the GBI and further to superior court. Arrests of denied persons. A person who submits false information on an application or is subject to an outstanding warrants is reported by GBI to the agency with jurisdiction over the individual. 1999 firearm checks. Transfers: 252,808 applied; 14,477 denied (5.7%). 1999/2000 legislation. The background check exemption for certain peace officers was eliminated by amendment. 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 ownership, possession, or control of a firearm by a person who is a fugitive from justice; indicted or bound over 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; under 25 years old and adjudicated to have committed certain crimes; or subject to a restraining order that prohibits firearm possession. A U.S. citizen must be 21 or more years of age to apply for a permit to acquire. Handgun permit applicants must complete a hunter education or firearm safety course. A long gun cannot be transferred to a person under the age of 18 except in limited circumstances. Restoration of rights. A convicted felon may possess a firearm if the right to acquire firearms was specifically restored by a governor's pardon. Regulated sales. State law requires a permit to acquire the ownership of any firearm. Permits. A permit to acquire, valid for 10 days, is required for every purchase of a handgun. A permit to acquire, valid for 1 year, is required for unlimited purchases of long guns. A license is needed to carry a handgun. Background checks. Four police departments are points of contact for the NICS and conduct checks required by Federal and State law on applicants for permits to acquire handguns or long guns. State law mandates that a permit application be approved or denied within 20 days. ATF allows permits to acquire and licenses to carry to be used for purchases in lieu of the NICS check. Waiting period. A 14-day waiting period, which begins when an application is filed, must expire before a permit to acquire can be issued, regardless of when a background check is completed. Information from applicants. The Hawaii permit application requests the following: name, previous name, home address, business address, occupation, race, gender, height, weight, date and place of birth, hair and eye color, Social Security number, and mental health history. Fingerprinting and photographing of first-time applicants is required. Purchaser fees. First-time permit applicants are charged $24 to subsidize the FBI fingerprint check. State data. Hawaii maintains an automated control repository which includes criminal history and domestic violence misdemeanor data. Mental health data are recorded manually. Check processing time. No statewide information is available. Retention of records. Data on approved and denied applications are retained indefinitely. Registration. All firearms are required to be registered in Hawaii, except for certain antique or inoperable devices. Appeals of denials. State law does not provide an appeal procedure for permit denials. Arrests of denied persons. No information is available. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. State and county police officers who are convicted of abusing a family or household member are no longer entitled to an exemption from certain firearm possession restrictions. 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 firearms 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 background checks required by the Brady Act. ATF allows a concealed weapon permit issued by a county sheriff to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. None. State data. Idaho maintains fully automated fugitive, 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. A person who is denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant changes. Relevant laws. Idaho Code 18-3302 et seq. Source of information. Idaho State Police. Illinois State requests NICS checks Prohibited persons. Firearm Owners Identification (FOID) cards cannot be issued to persons who are prohibited by any Illinois statute or Federal law. State law prohibits firearm possession by persons who are under 21 years of age and have been convicted of misdemeanors other than a traffic 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. It is illegal to make a straw purchase for a prohibited person. Restoration of rights. A felon may regain firearm rights if relief from an Illinois conviction is granted. A person who committed a forcible felony must complete the sentence and 20 years without additional violations before applying to the director of State Police for relief. The director's decision can be appealed to circuit court. Regulated sales. Background checks are required on permit applicants and persons who purchase or redeem firearms from licensed dealers. Checks are not required for private sales; however, records of such transactions must be retained for 10 years. Permits. Illinois requires residents to possess a valid FOID card to purchase firearms or ammunition. The card is valid for 5 years, with no limit on the number of firearms purchased. 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 checks required by Federal and State law. Checks are conducted on applicants for FOID cards, with a maximum of 30 days allowed to process an application. A purchase from a dealer requires a valid card and an instant check through the Firearm Transfer Inquiry Program (FTIP) Unit of ISP. Dealers use a 1-900 number to request checks. Waiting period. After a sale application is filed, the wait is 24 hours for a long gun and 72 hours for a handgun, regardless of when a check is completed. Information from applicants. A FOID card application includes the name, address, date of birth, race, gender, height, weight, eye color, hair color, 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 processed 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 are 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 State Police, and further to circuit court. Arrests of denied persons. A person with an outstanding warrant is reported by ISP to the agency with jurisdiction over the fugitive. Denied persons are referred to a unit within ISP, which analyzes denial information and reports significant violations to ATF. 1999 firearm checks. FTIP: 184,289 applied; 1,473 denied (0.8%). FOID: 235,615 applied; 6,700 denied (2.8%). 1999/2000 legislation. Amendments designated ISP as a permanent POC, barred straw purchases, and allowed limited release of mental health data by FOID card applicants. Relevant laws. Compiled Statutes 430:65/0.01 et seq; 720:5/24-1 et seq; 725:5/112A-14.5. Source of information. Illinois State Police. Indiana FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. Indiana law prohibits a sale, gift, or other transfer of a handgun or an assault weapon to a person under 18 years of age, except in limited circumstances. Further, it is unlawful to sell, give, or in any manner transfer a handgun to a person who is convicted of a felony, adjudicated a delinquent child for an act that would be a felony if committed by an adult, a drug abuser, an alcohol abuser, or mentally incompetent. A firearm cannot be possessed by a serious violent felon or a person less than 18 years of age, except in limited circumstances. Restoration of rights. A convicted felon's right to possess a handgun may be restored by post-conviction relief or a governor's pardon. Persons who have been adjudicated delinquent can regain their rights at age 23. Regulated sales. State law requires background checks on persons who purchase handguns from licensed dealers. Handguns cannot be pawned. Permits. Indiana does not require a permit to purchase firearms. A handgun license is required for personal protection (carrying), hunting, and target shooting. Background checks. Licensed dealers in Indiana contact the FBI for checks on persons purchasing or redeeming long guns. The Indiana State Police (ISP) is a partial point of contact for the NICS and conducts telephone instant checks on handgun purchasers. Indiana law allows a maximum period of 1 business day to complete a check. ATF and State rules allow personal protection, hunting, and target licenses issued by ISP to be used for purchases in lieu of the NICS check. Waiting period. No State requirements. Information from applicants. Handgun purchasers must provide the following: name, address, gender, race, place of birth, date of birth, height, weight, Social Security number, and fingerprints plus the date and hour of the transfer. Fees charged. The ISP charges $3 for an instant check, $5 for a hunting and target license, and $15 for a personal protection license. State data. Indiana maintains fully automated criminal history data on a statewide network. Check processing time. No information is available. Retention of records. Limited data on approved transactions (buyer name, dealer and approval numbers, and transaction date) can be retained by ISP for not more than one year; other data on approvals can be retained for up to 30 days. Data on denied transactions are retained indefinitely. Registration. Handguns are voluntarily registered in Indiana; there are no State requirements. Appeals of denials. A person who is denied a handgun can appeal to ISP or the agency with the disqualifying record. A further appeal lies to the circuit court. Arrests of denied persons. ISP reports persons who submit false information to ATF. A person with an outstanding warrant is reported to the agency with jurisdiction over the fugitive. 1999 firearm checks. Transfers: 26,190 applied; 402 denied (1.5%). Licenses: 81,048 applied; 2,193 denied (2.7%). 1999/2000 legislation. A new section defined "serious violent felon," and prohibited firearm possession by such a person. An amendment allowed a court to prohibit a person subject to a protective order from possessing firearms during the duration of the order, or to order confiscation of the respondent's firearms. Relevant laws. Indiana Code 35-47-1 et seq. Source of information. Indiana State Police. Iowa FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. Applicants for permits to acquire pistols and revolvers must meet all Federal requirements for possessing firearms. Additionally, Iowa law prohibits issuing a permit to a person who is less than 21 years of age, has been convicted of a felony, is addicted to the use of alcohol or a controlled substance, has a history of repeated acts of violence, has been convicted of certain misdemeanor crimes of assault, or has been adjudged mentally incompetent. A person who is convicted of a felony cannot possess a firearm. It is illegal to sell, loan, give, or make available a long gun to a person below the age of 18 or a handgun to a person below the age of 21, except in limited circumstances. Restoration of rights. Iowa allows a con- victed 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 pistols or revolvers, unless the purchaser holds a valid permit to carry firearms. An unlimited number of handguns can be purchased with either permit. Background checks. Ninety-nine county sheriffs are partial points of contact for the NICS, conducting checks of applicants for permits to acquire or carry handguns. State employees and nonresidents are checked by the Iowa Department of Public Safety. Licensed dealers in Iowa contact the FBI for checks on persons who purchase long guns or redeem a firearm without a permit. ATF allows permits to acquire or carry to be used for a purchase in lieu of a NICS check. Waiting period. An Iowa permit becomes valid 3 days after the date of application. Information from applicants. An applicant for a permit to acquire must provide the following: name, Social Security number, address, date of birth, application date, and a form of identification with a color photograph. Fees charged. The fee for a permit to acquire is at the discretion of the county sheriffs. A permit to carry costs $10 and can be renewed for $5. 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. Check processing time. No statewide information is available. Retention of records. Sheriffs retain approved permits for the remainder of the issuing year plus an additional 3 years. Registration. No State requirements. Appeals of denials. A person who is denied a permit can appeal to Iowa district court. Arrests of denied persons. Persons with outstanding warrants are arrested by the checking agency in some cases. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant changes. Relevant laws. Iowa Code 702.7; 724.1 et seq. Source of information. Iowa Department of Public Safety. Kansas FBI conducts NICS checks Prohibited persons. Firearms cannot be transferred to or possessed by persons who are both addicted to and unlawful users of controlled substances, or have been convicted of certain felonies or a uniform controlled substances act violation under Kansas law or an equivalent offense in another jurisdiction, or were adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute a disqualifying offense, or were in possession of a firearm while violating any provision of the uniform controlled substances act. Handguns cannot be transferred to or knowingly possessed by persons less than 18 years of age except in limited circumstances. Restoration of rights. State law 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 a firearm. The State does not issue a permit to carry a concealed firearm. 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 Brady Act. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Kansas maintains criminal history, juvenile offender, and offender registration data on the statewide computer network. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. A person who is denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant changes. Relevant laws. Kansas Statutes 21-4201 et seq. Source of information. Kansas Bureau of Investigation. Kentucky FBI conducts NICS checks Prohibited persons. Kentucky law prohibits possession of a firearm by a person who has been convicted of a felony, as well as any youthful offender convicted of a felony. A handgun cannot be possessed by or provided to a person under the age of 18 except in limited circumstances. Restoration of rights. A convicted felon's right to possess a firearm may 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 a firearm. A license is required to carry a concealed firearm. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Kentucky contact the FBI for all checks required by the Brady Act. ATF allows a concealed firearm license issued after July 15, 1998, or before November 30, 1998, to be used for a purchase without a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Kentucky maintains fully automated fugitive, criminal history, and domestic violence restraining order data on a statewide network. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. A person who is denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant change. Relevant laws. Kentucky Revised Statutes 237.030 et seq; 431.064; 527.010 et seq. Source of information. Kentucky State Police. Louisiana FBI conducts NICS checks Prohibited persons. Louisiana law prohibits possession of a firearm by a person who has been convicted of certain felonies, unless the person has not been convicted of a felony for a period of 10 years from the date of completion of sentence, probation, parole, or suspension of sentence. A firearm cannot be sold or otherwise delivered to a person under the age of 18. It is unlawful for a person who has not attained the age of 17 years to possess a handgun except in limited circumstances. Restoration of rights. A convicted felon's right to possess a firearm can be restored in Louisiana through a governor's pardon or by a sheriff. Upon completion of sentence, probation, parole, or suspension of sentence, convicted felons 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. No permit is needed to purchase firearms. A permit is required to carry a concealed handgun. Background checks. The State is not a point of contact for the NICS. Licensed dealers in Louisiana contact the FBI for all checks required by the Brady Act. ATF allows a concealed handgun permit issued before November 30, 1998, to be used for a purchase in lieu of a NICS check. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. Louisiana maintains a statewide computer network with fugitive data and criminal histories that include domestic violence offenses and some mental health data. These files are fully automated. Other mental health data are maintained by local coroners. Check processing time. Not applicable. Retention of records. No State requirements. Registration. Machine guns, firearms with obliterated serial numbers, short barrel rifles and shotguns, and certain modified firearms are required to be registered. Appeals of denials. A person who is denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. A new statute made it unlawful for a person who has not attained the age of 17 years to possess a handgun. Relevant laws. Louisiana Revised Statutes 14:91; 14:95 et seq; 40:1379.3: 40:1751 et seq. Source of information. Louisiana State Police. Maine FBI conducts NICS checks Prohibited persons. Maine law prohibits possession of a firearm by a person who committed a crime punishable by imprisonment for 1 year or more; committed a firearms offense; engaged in conduct as a juvenile that if committed by an adult would have been a disqualifying offense; or is subject to a domestic violence restraining order. It is unlawful to transfer a firearm to a person under the age of 16, except for a parent or guardian of the minor. Restoration of rights. Firearm rights may be restored by the commissioner of public safety, a court order, or a governor's pardon. A person convicted of a disqualifying offense can apply to the commissioner for a permit to possess a firearm, if 5 years have elapsed since the date of final discharge from the sentence. The commissioner's decision can be appealed to superior court. Nonviolent juvenile offenders regain firearm rights 3 years after completion of their dispositions or upon reaching 18 years of age, whichever is later. 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 Brady Act. Waiting period. No State requirements. Information from applicants. No State requirements. Purchaser fees. No State requirements. State data. State agencies maintain fugitive, criminal history, motor vehicle, and domestic violence restraining order data. These files are maintained manually and are accessed via teletype. Check processing time. Not applicable. Retention of records. No State requirements. Registration. No State requirements. Appeals of denials. Persons denied a firearm by the FBI can appeal under Federal law. Arrests of denied persons. Not applicable. 1999 firearm checks. No statewide information is available. 1999/2000 legislation. No significant changes. Relevant laws. Maine Revised Statutes 15.393; 13A.554; 25.2001 et seq. Source of information. Maine State Police. Maryland FBI conducts long gun NICS checks State requests handgun NICS checks Prohibited persons. A "regulated firearm" (handgun or assault weapon) cannot be transferred to or possessed by a person who is convicted of a crime of violence, a felony or any common law offense or misdemeanor that carries more than a 2-year term of imprisonment; a fugitive; a habitual drunkard; addicted to a controlled substance; mentally disordered as defined in State law; under 21 years of age; 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 Maryland for 90 days, and are limited to one purchase every 30 days. A person under the age of 18 cannot purchase a long gun. Restoration of rights. The right to own a firearm may be restored by a governor's pardon. 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 Maryland 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 (M.P.) is a partial point of contact for the NICS and conducts checks on regulated firearms buyers. Dealers transmit applications to the M.P. by certified mail or fax. Private sales are processed through dealers or M.P. 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 Maryland law. ATF allows concealed handgun permits issued before November 30, 1998, to be used for a purchase without a NICS check. Waiting period. Transfers of regulated firearms require a 7-day waiting period that begins when an application is filed, re- gardless of when a check is completed. Information from applicants. A regulated firearm application requires the buyer's name, address, race, gender, height, weight, hair and eye color, date and place of birth, driver's identification number, occupation, and date of application, plus the weapon caliber, make, model, and serial number. A Social Security number is optional. Purchaser fees. A $10 application fee is required. State data. Maryland maintains fully automated fugitive and criminal history files, plus domestic violence restraining order/misdemeanor and probation/parole data. Check processing time. Routine applications are processed in about 5 days. Additional research is normally completed in less than 1 month. Retention of records. A permanent record of all completed transactions of regulated firearms is maintained by M.P. 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 M.P. and further to State court. Arrests of denied persons. All denied persons are reported to the M.P. Firearms Investigation Unit. 1999 firearm checks. Transfers: 33,038 applied; 592 denied (1.8%). 1999/2000 legislation. 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 a youthful offender or delinquent child in Massachusetts, another State, or a federal jurisdiction 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 wanted persons. A permit to purchase may be issued with restrictions to a person who is not a minor if it appears that the purchase is for a proper purpose. 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. Addicted persons may apply 5 years after completing drug or alcohol treatment. Regulated sales. A permit is required to receive a rifle, shotgun, or "firearm" from a dealer or private person. Weapon types are mainly distinguished by barrel length: rifles, equal to or greater than 16 inches; shotguns, equal to or greater than 18 inches; "firearms," less than 16 inches or shotguns less than 18 inches. Firearms cannot be pawned. Permits. Two classes of licenses to carry