U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2001 Prepared by The Regional Justice Information Service St. Louis, Missouri April 2002, NCJ 192065 ------------------------------------------------------------ This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs.abstract/ssprfs01.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 ------------------------------------------------------------- U.S. Department of Justice Bureau of Justice Statistics 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 otherwise use all or any part of this material in this publication with the exception of those items indicating they are copyrighted or printed by any source other than REJIS. More information on this subject may be obtained from: 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. Tom Hester 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 Approval systems Checking process Waiting periods Retention of records/registration Appeals of denials Firearm rejection rates Jurisdictional summaries Information in summaries Federal system States Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American Samoa Guam Puerto Rico The Virgin Islands Washington, D.C. Appendixes Applications for firearm transfers and permits processed by States Applications for firearm permits processed by local agencies, grouped by population level of community served Prohibited persons: Statutory basis for denial of firearm sale or possession Minors: Restrictions based on age or juvenile offender status National Instant Criminal Background Check System (NICS): checking agencies (FBI or State point of contact) for firearm transfers Background check and permit procedures Fees, record retention, and appeals Databases accessed for firearm checks Firearm laws Laws regarding prohibited persons, restoration of rights, regulated sales, and permits Laws regarding background checks, waiting periods, transaction records, registration, false applications, and appeals Revisions of sales regulations and other significant changes in State firearm laws Agencies conducting firearm background checks Notification procedures of State agencies regarding denied persons subject to arrest State contacts for FIST State agency Internet sites Introduction This report is the sixth in a series. It describes laws, regulations, procedures, and information systems related to sales and other transfers of firearms that were in effect as of June 30, 2001. 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 Bureau of Justice Statistics (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 and fifth editions described procedures required by the permanent provisions of the Brady Act or State law for transfers of handguns and other types of firearms. This edition incorporates recent changes in Federal and State procedures, and provides expanded coverage on topics related to firearm sales. Data collected and analyzed by the FIST project are also reported in BJS Bulletins. Five bulletins reported counts of firearm transfer applications and denials for the Brady interim period. (A cumulative summary is presented in Presale Handgun Checks, the Brady Interim Period, 1994-1998, June 1999, NCJ 175034.) More recent Bulletins have summarized counts of firearm transfer applications and denials for the first two years of the permanent Brady Act provisions (for the most recent, see Background Checks for Firearm Transfers, 2000, June 2001, NCJ 187985). (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 procedures, and the availability of different categories of records. BJS anticipates that the procedural information presented in this report will be used with the statistical information about background checks to provide a more thorough understanding of the scope and impact of firearm transfer regulations. Survey methodology Information for this report was collected from hundreds of Federal, State, and local agencies, including law enforcement organizations, statistical analysis centers, and legislative research bureaus. Descriptions of procedures and statistical data were voluntarily provided. Data analysis and supplementary legal research were provided by the Regional Justice Information Service (REJIS), the organization conducting the study under an award from BJS. To ensure the accuracy of the information as of June 30, 2001, a draft of each State's summary was sent to the agency designated by the State for review and comment. The final version of each summary, as contained in this report, was reviewed and approved by the State contact. A complete list of the State contacts is included in the appendices. Consistent with privacy protection procedures followed by the FIST project, the information collected for this survey did not disclose the identity of any individual involved in a firearm transaction. Additionally, the software provided to help agencies submit statistical data contains a purging mechanism that destroys data in accordance with applicable Federal or State law. Background Federal prohibitions The 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 * 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 age 18 or a handgun to a person less than age 21. 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 Prevention 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. As of June 30, 2001, agencies in 21 States issued purchase or carry permits that exempt the holder from a NICS check. 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 photo identification issued by a government agency. 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. Most inquiries are conducted by telephone. The FBI is developing Internet access for dealers; computerized access is already available through some POC agencies. The FBI or the POC checks available Federal and State databases 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. After a search of available records, the checking agency responds with a notice to the licensee that the transfer may proceed, may not proceed, or is delayed pending further review of the applicant's record. If further review of a record indicates the transfer would not violate Federal or State law, the checking agency notifies the licensee that the transfer may proceed. If the licensee does not receive a response within 3 business days, the transfer may proceed at the licensee's discretion. All NICS checks by the FBI are without charge; POC fees are determined by State law or agency regulations. 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. NICS denial information is electronically transmitted by the FBI to ATF on a daily basis. If the FBI discovers that a firearm has been transferred to a prohibited person, ATF is informed so that a firearm retrieval investigation can begin. ATF has developed a screening system that uses information from the NICS to identify potential and active violent offenders who attempt to purchase firearms. (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, 2001, 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 34 States and by POC agencies for 16 States. In a few States, the FBI conducts the NICS check on certain pawn transactions instead of the POC. Since July 1, 2000, the only change in the allocation of NICS responsibilities occurred in Oregon. On December 8, 2000, as required by a voter referendum, Oregon added long gun checks to the duties performed by its POC agency. Most States have designated a single agency with statewide jurisdiction as their NICS point of contact. Some States have multiple points of contact, which are usually county sheriffs or municipal police departments. In addition to transfer checks, POC agencies may also conduct NICS checks on persons who apply for a State permit required to receive a firearm. Agencies that issue ATF-qualified permits either access the NICS index themselves or request a check by sending information (such as fingerprints) to the FBI. The NICS process does not automatically supplant State firearm transfer regulations. State background check and permit statutes that existed before the effective date of the NICS remain in force unless repealed by legislative action or allowed to expire. The background check requirements of the Brady Act are the prevailing minimum nationwide. Some States have enacted additional requirements. Most background checks required by State laws are conducted by agencies that also serve as NICS points of contact. However, purchasers in six States are required to undergo two checks conducted by different agencies. If agencies that conduct checks under State law are unable to access the NICS, licensees in that State are required to contact the FBI for approval of transfers. Thus, prospective transferees in some States are required to undergo a permit or 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). For an extensive FBI summary of NICS procedures and statistics, see NICS 2000 Operations Report, April 2001. Internet sites for State agencies that conduct firearm background checks are listed in the Appendix. Further information on Federal law and BJS- related publications is available from the following Internet sites: ATF: http://www.atf.treas.gov/firearms/ index.htm FBI: http://www.fbi.gov/hq/cjisd/nics/ index.htm BJS: http://www.ojp.usdoj.gov/bjs/ Firearm sales topics Prohibited persons The Federal Gun Control Act's categories of prohibited persons (see Background) are the prevailing minimum nationwide. Firearm transfer to or possession by such persons is unlawful. State statutes may include additional or more restrictive prohibitions. These prohibitory laws are intended to prevent firearm possession or purchase by persons believed to be incapable of handling a weapon in a safe and legal manner. The most common categories of prohibited persons are described below. The number of States that have enacted each type of prohibition is listed in parentheses. Felons (49 States) -- Generally, a felony is a crime punishable by incarceration for more than one year. Although statutory definitions vary widely, legislation in 49 States prohibits firearm purchase or possession by at least some categories of felons. Some statutes disqualify all convicted felons from firearm possession. Other statutes disqualify persons who committed specific felonies, which may be enumerated in the statute or categorized by terms such as "crimes of violence," "serious offenses," or "firearm offenses." Many statutes extend purchase or possession restrictions to persons convicted of a felony or a similar offense in other jurisdictions. Only Vermont lacks a statute that bars firearm possession by convicted 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 number of years may be required to petition a court for an order restoring rights. In some States, certain offenders cannot regain the right to possess a firearm. (See Jurisdictional summaries.) In addition to restricting the rights of convicted felons, 12 States prohibit firearm purchase or possession by at least some persons who have been charged with a felony by indictment or other procedure. Three of these States, Colorado, Florida, and Tennessee, extend the prohibition to persons who have been arrested for certain disqualifying offenses. Firearm rights are restored if an arrest or charge does not result in a disqualifying conviction. Misdemeanor offenders (19 States) -- Generally, a misdemeanor is a crime punishable by incarceration for less than 1 year. A few States have offenses defined as misdemeanors that are punishable by incarceration for more than 1 year. The types of misdemeanor-level offenses included in prohibitory statutes vary widely. Several State statutes prohibit firearm purchase or possession by persons who have been convicted of a domestic violence misdemeanor. Other States include misdemeanors within disqualifying categories such as "crimes of violence" or "firearm offenses." Requirements for misdemeanor offenders to regain firearm rights after a conviction are generally less stringent than those for felons. A few States disqualify persons who have been arrested for or charged with certain misdemeanors. Fugitives (12 States) -- This category normally includes persons with outstanding felony warrants and may include all wanted persons. (The Gun Control Act, at 18 U.S.C. sec 921 (a)(15) defines "fugitive from justice" as any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding.) Mentally ill (32 States) -- 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 if a certain number of years have elapsed after discharge from a mental institution, or if documentation from a mental health professional demonstrates that the person's condition has stabilized. Subject to a restraining order (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 or alcohol abusers and offenders (drug -- 29 States; alcohol 19 States) -- Many States prohibit persons convicted of drug sale or possession offenses, either through a statute that lists a variety of disqualifying offenses or by way of a separate statute. A few statutes disqualify persons who committed offenses involving alcohol, such as driving while intoxicated. Generally, drug and alcohol offenders may regain firearm rights in the same manner as other prohibited offenders. Another common prohibition involves persons addicted to drugs or alcohol, who are described by terms such as "addicted to a controlled substance," "habitually intoxicated," or "chronic alcoholics." In several States, a firearm cannot be transferred to or possessed by a person who is intoxicated. Juvenile offenders (26 States) Statutes in this category prohibit persons who were adjudicated delinquent or committed an act as a juvenile that would have been a disqualifying offense if committed by an adult. A juvenile offender's access to all firearms is restricted in 20 States, and access to handguns is restricted in 6 additional States. The prohibitions usually continue into early adulthood or until the person regains firearm rights through a pardon, court order, or other process. In several States, persons who committed juvenile offenses must follow the same restoration of rights procedures available to adult offenders. Minors (49 States) -- The firearm rights of minors are often restricted solely on the basis of age. State laws include prohibitions on purchase or possession of firearms by minors, and prohibitions on transfer of firearms to minors. Some of these laws predate the enactment of federal minimum ages for possession and purchase of firearms. Limitations based on age apply to handguns in 49 States and to long guns in 37 States. The minimum age for unrestricted purchase and possession of a handgun by a minor is 21 in 16 States, 19 in 1 State, 18 in 28 States, 16 in 3 States, and 14 in 1 State. The minimum age for unrestricted purchase and possession of a long gun by a minor is 21 in 1 State, 18 in 31 States, 16 in 4 States, 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 persons who are illegal aliens, or have failed to complete a firearm safety course, or renounced their citizenship, or were dishonorably discharged from military service. In addition, several States prohibit a "straw purchase," an attempt to buy a firearm on behalf of a known prohibited person. (See Jurisdictional summaries for details.) Between July 1, 2000, and June 30, 2001, nine States enacted new categories of prohibited persons or amended existing prohibitions. Several amendments added restrictions on minors or juvenile offenders. Colorado made it illegal to transfer a long gun to a person under age 18 without parental consent. Maryland and New Jersey enacted prohibitions against certain persons who have been adjudicated delinquent. New Jersey and New York increased the age required for a handgun purchase permit to 21 years. 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. sec 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 on 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. sec 922(v)). Prohibitions against transfer and possession of certain subcategories 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 5-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 Approval systems.) Regulated sales Firearms are sold either by dealers licensed under Federal and State laws, or by unlicensed persons (private sales). Most sales occur at the business premises of licensed dealers or at gun shows, which may include licensed and unlicensed sellers. In addition to sales and gifts, firearms can be transferred in pawn transactions, where a weapon is pledged as collateral for a loan and can be redeemed when the loan is repaid. Redemptions of pawned firearms are often regulated in the same manner as sales under State law. Statutes that require prospective purchasers to obtain a permit or undergo a background check usually allow exemptions for certain types of persons or transactions. Common exemptions are those for purchases by law enforcement officers, transfers of antique and replica firearms, and gifts or loans of firearms from parents or guardians to minor children. Dealer transfers Federal law requires a check through the National Instant Criminal Background Check System (NICS) of all persons who receive a firearm from a Federal Firearms Licensee (FFL) either by purchase or by redemption of a pawned firearm. Licensees have the option of requesting checks on persons who attempt to pawn a firearm. (See Background for further details on the NICS.) In addition to Federal requirements, background checks of persons seeking either to receive firearms from licensed dealers or obtain permits required for transfer are conducted in 31 States. Of these States, 20 regulate dealer transfers of all types of firearms, 2 regulate dealer transfers of handguns and assault weapons, and 9 regulate only handgun transfers by dealers. Several States regulate redemptions of pawned firearms in the same manner as sales by licensing pawnbrokers and requiring background checks on redemptions. The pawning of any firearm is prohibited in New Jersey, while five other States ban the pawning of handguns. Private sales The laws of 17 States regulate at least some private sales by requiring that purchasers obtain a permit or undergo a background check before receiving a firearm. Of these States, 11 require that the person receiving the firearm have a permit and 7 require the receiver to undergo a check (Connecticut is counted twice because it mandates both procedures for handguns). Ten States regulate private transfers of all types of firearms, one regulates private transfers of handguns and assault weapons, and six regulate only handgun transfers Most of these regulations apply to transfers initiated at any location, whether it be a person's home, a gun show, or anywhere else. In a few States, the only private transfers regulated are those that occur at gun shows. Private sellers are required to request background checks in variety of ways directly from a checking agency, through a police station, or through a licensed dealer (at the dealer's premises or a gun show). Gun shows Seven States have statutes that specifically cover gun shows, including two (in Colorado and Oregon) that were enacted by voter referendums since June 30, 2000. Most of these statutes define a gun show as an event where a certain number of firearms are exhibited for transfer (for example, 25 or more in Colorado and Oregon; 50 or more in Connecticut; 25 or more pistol or revolvers or 50 or more firearms, rifles, or shotguns in New York). Some laws also define a gun show according to the number of vendors who are exhibiting firearms for transfer. Gun show regulations affect organizers, vendors, and purchasers. For example, California requires a show organizer to obtain a certificate of eligibility from the Department of Justice, provide local law enforcement with a list of the show's sellers, and exclude minors unless they are accompanied at all times by a parent or guardian. Colorado, Connecticut, New York, and Oregon require vendors to request an instant check on every unlicensed person who attempts to make a purchase. Colorado and New York require a show organizer to secure the presence of at least one licensed dealer to process the background checks. In Connecticut and Oregon, any seller can contact the State checking agency directly. Maryland requires that unlicensed gun show sellers obtain a temporary transfer permit from the State, have a fixed display, and comply with all restrictions imposed upon transfers by licensed dealers. Virginia requires that any person who sells firearms at a gun show must submit to a background check and obtain a seller identification number from the State Police. Residency rules. The Gun Control Act generally prohibits interstate transfers of firearms between unlicensed persons (18 U.S.C. sec 922(a)(5)), a prohibition intended to channel interstate transfers through licensed dealers who are subject to scrutiny by ATF. A licensed dealer generally cannot transfer a firearm other than a rifle or shotgun to a nonlicensee who does not reside in the State where the licensee's place of business is located. A rifle or shotgun may be transferred in person by a dealer to a nonresident if the transfer complies with the laws of the State where the dealer's place of business is located and the State where the purchaser resides. (18 U.S.C. sec 922(b)(3).) To ensure compliance with Federal law, many States have passed statutes that allow nonresidents to purchase long guns. Three States (Maryland, Missouri, and Virginia) require fixed periods of residency, ranging from 1 to 6 months, before a person can purchase certain firearms. Residency rules are intended to prevent nonresidents from purchasing and reselling firearms that they could not obtain in their home State. Handgun purchase limits. There are no Federal restrictions on the frequency of firearm acquisition or on the quantity of firearms that can be acquired. However, a handgun purchase limit of one per month prevails in California, Maryland, South Carolina, and Virginia. These limits are intended to deter persons who would purchase large quantities of handguns for resale to prohibited persons. In addition to the gun show amendments, the major change in regulated sales since June 30, 2000 was that Oregon added background checks on long gun purchasers to the duties performed by its statewide checking agency. 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 a handgun or a long gun. 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 background check to obtain a 1-year permit or submitting to a check each time they attempt a purchase. Most handgun permits have a duration of between 10 days and 1 year, with a few remaining in effect for a longer duration. 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 a NICS check at the point of sale. Some carry permits can be used to exempt the holder from a background check required by State law. As of June 30, 2001, 19 States issued carry permits that exempted the holder from a check under the permanent Brady law or a State law or both. Certain permits issued before November 30, 1998, were "grandfathered" in as exempt from the NICS check because they were qualified by ATF under the interim Brady law. Many of these grandfathered permits have now expired. In addition, a few States exempt certain permit holders from waiting period requirements. Concealed firearm permits usually regulate the carrying of a handgun beyond the holder's residence or business premises. Some States allow a handgun to be carried openly, but most require a permit holder to conceal the weapon. Restrictions on permit holders vary considerably in regard to the premises where carrying is forbidden. States that issue carry permits are generally categorized as having either a "shall issue" or a "discretionary" system. The former system mandates issuance of a permit if no statutory reason for denial is revealed during a background check of the applicant. The latter system allows a law enforcement officer to consider the applicant's history, character, and intended purpose for carrying a firearm. As of June 30, 2001, carry permits are required in 42 States; Vermont allows carrying without a permit, and seven States prohibit concealed firearms. Nearly all of the States that prohibit concealed firearms are in the Midwest. Approval systems Over 3,000 State and local agencies are required by law to determine the eligibility of persons who attempt to receive a transferred firearm. Systems for determining the legal eligibility of prospective purchasers can generally be classified as "instant approval," "purchase permit," or "other approval" systems. Carry permits, which can be used for a transfer in many States, have approval procedures similar to those required for purchase permits, and may have more stringent requirements. Instant approval (instant check) systems allow licensed firearms dealers to contact a checking agency by telephone or other electronic means and receive a response immediately, or as soon as possible without delay, as to whether a prospective purchaser is ineligible under law. In a few States, an unlicensed seller can contact the checking agency directly. In some other States, unlicensed sellers are required to request a check through a licensed dealer or a law enforcement agency. Purchase permit systems require a prospective firearm purchaser to file an application with the appropriate checking agency, which is given time to investigate the applicant's background. An approved applicant must present the permit to a seller in order to receive a firearm. (See Permits.) Other approval systems combine some of the characteristics found in instant check and permit systems. Generally, 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 systems require a 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. A few purchase permit systems mandate a waiting period after an application is filed and before the permit can be issued or a firearm acquired. Almost all approval systems limit the time allowed for a checking agency to conduct a background investigation and reach a decision on the applicant's eligibility, with time limits imposed either by State statute or application of the Brady Act's 3-day limit. The time limit for an instant approval system is usually 3 days or less, while other approval systems allow 7 to 10 days. The time limits for checking on a purchase permit application range from 2 days in Nebraska to 180 days in New York. Most purchase permit systems allow 7 to 30 days for a background check; some carry permit statutes allow a longer time period. Some statutes allow an extension of the time available to complete a back- ground check, if specific circumstances are present. For example, if an applicant's history includes a felony arrest without a recorded disposition, the checking agency may be granted additional time to contact the agency that originated the record and inquire about the outcome of charges against the applicant. In a few States, the checking agency is allowed more time to investigate an applicant who resides in another State. Instant approval and other approval systems usually allow a transfer to proceed if the seller has not received a response from the checking agency by the end of the applicable period. Permit systems usually require the checking agency to reach a decision and inform the applicant of the decision before the end of the statutory time limit. Checking process Development of the NICS has increased the national uniformity of procedures used to approve or disapprove firearm transfers. However, approval systems, established under State law, still employ a variety of procedures to determine the eligibility of prospective purchasers. Federal and State laws require prospective firearm purchasers to provide information that is needed to initiate a background check. Under federal law, receiving a firearm from a licensed dealer requires submission of a Firearm Transaction Record (ATF Form 4473) that contains the applicant's full name, date of birth, place of birth, current address, gender, height, weight, and race. A few State instant approval systems only require information from the ATF form, but most require the completion of an additional form as well. All purchase permit systems require specific information from applicants except in North Carolina, where the county sheriff is allowed to determine what information is necessary. State laws vary widely in regard to the types of information required from applicants (see Jurisdictional summaries). Depending on the type of approval system, checking agencies receive applicant information in person or by mail, telephone, or the Internet (see Approval systems). Under Federal law and the laws of 19 States, making a false statement in an attempt to obtain a firearm or a permit may be grounds for denial of an application, or subject the applicant to a fine or incarceration (see table 10 for a list of statutes). The laws of 24 States allow a checking agency to charge a fee for processing a sale transaction or issuing a purchase permit. Nine States do not charge a fee for a point-of-sale background check. Point-of-sale fees (usually collected by dealers and remitted to the State) range from $2 in Illinois, Pennsylvania, and Virginia to $15 in Nevada. California's sale check fee is $14.00 for a single handgun or any number of long guns, plus $10 for each additional handgun purchased. Minnesota checking agencies are not allowed to charge for a purchase permit. Hawaiian checking agencies collect a fee from first-time applicants but do not charge for permit renewals. Fees charged for purchase permits range from $5 in several States to at least $74 (and possibly more) in New York. Several States include a charge that covers fingerprint processing by the FBI. In some States, the checking agency can adjust the amount of the fee or is given discretion as to whether any fee will be charged. Generally, automated checking agencies conduct a single background check that incorporates Federal and State requirements for each transaction. Checking agencies normally access the FBI's National Crime Information Center (NCIC), a set of Federal databases with fugitive and other prohibited person data, and the Interstate Identification Index, a national system which points to States with a criminal history record on an individual. NICS point of contact agencies also access the FBI's NICS Index, which contains records on prohibited persons compiled from other Federal and State agencies. State records accessed for background checks may be in a statewide database or maintained by county courts or other local agencies. As of June 30, 2001, all States maintained criminal history databases that recorded felony arrests and dispositions. More than half of the States maintained data on fugitives from justice, court restraining orders, and domestic violence misdemeanor convictions. About a third of the States maintained data on juvenile offenders and persons who have been adjudicated mentally ill or committed to a mental institution. Since the implementation of the Brady Act in 1994, records of disqualifying factors other than felonies have become more widely accessible. The effectiveness of background checks is affected by the type of record search conducted (automated or manual) and by the data available during each type of search. The vast majority of record searches are automated, but some types of data, such as local mental health records, tend to be maintained manually. The exhaustiveness of a background check may also be limited by missing arrest dispositions and other instances of incomplete records. The time an agency needs to obtain complete information may be lengthened if records on an applicant are maintained in another jurisdiction. (For information on the automation and completeness of criminal history records see Survey of State Criminal History Information Systems, 1999, June 2000, NCJ 184793.) The majority of background checks processed by State approval systems are initiated with information received by telephone or computer from a licensed dealer. State instant approval systems use a variety of terminology, but all generate an initial response to the dealer indicating that the transaction may proceed, may not proceed, or must be delayed pending further research on an applicant's records. If no record retrieval problems emerge, most State instant approval systems are able to process a check and provide a final response to a dealer in less than five minutes. Some systems are able to complete the checking process in less than one minute (see Jurisdictional summaries). If a transaction is allowed to proceed, the firearm dealer is given an approval number to record on the forms filed by the applicant. Federal and State procedures vary as to the period of time for which the approval remains valid (the period during which the applicant must complete a transaction by receiving a firearm from the dealer). For example, an approval by the FBI is valid for 30 days; an approval of a private sale by the Oregon State Police is valid for 24 hours. A person who does not receive the firearm during the applicable period is required to undergo another background check. State laws differ regarding the length of time that a transaction can be delayed and the circumstances that allow a delay. A checking agency's search for a missing arrest disposition is the most common reason for a delay. If a final disposition such as a conviction cannot be found, Federal or State law usually dictates the checking agency's response to the firearm dealer. Some States apply the Brady Act's rule that if a disqualifying conviction record is not found within 3 days, a transfer may proceed at the discretion of the dealer. Other States have laws and regulations that allow their agencies to deny a transfer if an applicant was arrested for a disqualifying offense (regardless of whether the disposition has been recorded). A checking agency may continue to research an incomplete record even after a proceed or do not proceed response has been communicated to a dealer. If a disqualifying record is found at a later date, the dealer may be contacted to determine if the applicant actually completed the transaction and received a firearm. If the transfer has occurred, law enforcement officers may locate the purchaser and confiscate the firearm. Appeal procedures are available to applicants who have been denied a firearm because the checking agency cannot locate an exonerating record such as an acquittal or a dismissal of criminal charges (see Appeals of denials). Another aspect of the checking process involves notifying other law enforcement agencies when a prohibited person is identified. Persons prevented from receiving a firearm or a permit by a background check may be subject to arrest and prosecution if they are wanted in an outstanding warrant or have submitted false information on their application. Agencies that are given notice of denied persons may include special police units, the Bureau of Alcohol, Tobacco, and Firearms, and agencies with jurisdiction over the location of the transaction (usually a dealer's premises) or the applicant's residence. These types of agencies may also be contacted about persons who obtain a firearm and are later found to have a prohibiting record. Various types of paper and electronic records are generated by application and background check procedures for firearm transfers. Whether these records are saved or destroyed by checking agencies depends upon the applicable Federal or State law (see Retention of records/registration). 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 back- ground, especially if searches of local or manual records are necessary. However, mandatory waiting periods should be distinguished from time limits on inquiries by a checking agency into an applicant's background (see Approval systems). Twelve States require waiting periods, which range in length from 1 to 14 days. Of these States, 11 require a waiting period for handgun permits or purchases, 2 include assault weapons, and 5 include long guns within their waiting period regulations. Between July 1, 2000, and June 30, 2001, only Alabama changed its requirements, eliminating a 2-day waiting period for handgun transfers. However, the Alabama legislation provided that the waiting period will be reinstated if the Brady instant check law is repealed. Waiting periods have been enacted in every region of the Nation and are most often found in States with extensive firearm regulations. Exemptions from waiting periods have been enacted in some States for law enforcement officers, holders of valid carry permits, or other specific classes of persons who have demonstrated the ability to handle a firearm responsibly. Several States mandate both a waiting period and a time limit on inquiries by a checking agency, which may or may not be the same length of time. The Federal instant check law (NICS) provides 3 days for a checking agency to respond to an inquiry from a licensed dealer, but does not mandate a waiting period for purchasers (see Background). Retention of records/registration Federal and State laws determine the types of information that must be provided by prospective firearm purchasers, as well as the types of information that must be retained or purged by checking agencies or other agencies. These laws also determine the length of time that records must be saved and when records must be destroyed. Some checking agencies receive and retain paper records of permit or purchase applications. Nevertheless, most information on purchasers is transmitted over the telephone or via computer by a licensed dealer, and stored electronically by the checking agency. Records of permit applications or sale transactions are retained by checking agencies in order to monitor agency performance or achieve a law enforcement objective. With computerized checking systems, the complete electronic record of a transaction is generally maintained for a short period of time in order to facilitate audits of system performance or correction of errors. In some States, certain information such as a name, approval number, and date from an approved transaction may be retained for auditing purposes for a longer period than other data about the applicant. Checking agency records may also be referenced in order to verify that licensed firearms dealers are maintaining records as required by law. In States that require a firearm owner to have a license or identification card, records of approved applications are retained in order for law enforcement officers to determine whether a particular person is legally in possession of a firearm. States that require a waiting period retain records of approved transactions in order to verify that a seller waited the proper length of time before transferring a firearm to the buyer. Records of denied transactions are retained to facilitate appeals, arrests, and prosecutions, and to build databases on prohibited persons. Registration records, which normally include information on a firearm and its owner, facilitate tracing of firearms that are resold illegally, used in a crime, or stolen. Requirements for maintaining or purging transaction data vary among the States and is dependent upon State legislation. As of June 30, 2001, Federal law prohibits the FBI from retaining records of approved transactions beyond 90 days. In contrast, retention of information on denied transactions is seldom limited, due to its usefulness for judicial and law enforcement purposes. Thirty-two States require a permit, point- of-sale background check, or waiting period before a firearm transfer can be completed. Checking agencies in nearly half of these States retain records of approved transactions for less than 90 days, pursuant to statute or agency regulations. In contrast, nearly all agencies retain records of denied transactions indefinitely or for a specific length of time longer than 90 days. Registration of firearms or the 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 table 10). The laws of several States prohibit registration of firearms. Since July 1, 2000, only Alabama changed its law on retention of records, by repealing a statute that required a handgun seller to obtain a statement from a purchaser and forward a copy of the 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. However, the Alabama legislation provided that the statute will be reinstated if the Brady instant check law is repealed. 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. Federal law provides the right to challenge a NICS denial by the FBI or a State point of contact (see Background). Specific appeal procedures are codified in the laws of nearly all States that require background checks of firearm permit or purchase applicants. The most common State procedure allows an appeal to the checking agency for reconsideration of a denial, and a subsequent appeal to a court. In some States, a government official in a department separate from the checking unit conducts an administrative review as the first or second step in the appeal process. Most purchase permit statutes require the checking agency to inform an applicant in writing of the reason for a denial. With instant approval systems, an applicant usually is informed of a denial by the dealer who requested the background check. The applicant must then call or write the checking agency to learn the reason for the denial. Statewide checking agencies often have forms available to initiate a request for reconsideration. Some States impose a deadline on denied applicants for filing the initial appeal. Other agencies involved in firearm appeals are those that maintain criminal history, restraining order, mental health, or other records that could disqualify an applicant. The appellant may be required to obtain data from or submit data to the agency that originated 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 disqualifying records on file, the denial can be reversed. A few States require submission of fingerprints with all requests for reconsideration. Another common appeal issue arises when a denied person claims that a disqualifying record is incomplete. For example, if a background check reveals a felony charge without a recorded disposition, the checking agency may be required by State law to issue a denial. The applicant can have the denial reversed by submitting court records to prove that the charge was subsequently dismissed. An appeal procedure may give the denied person the alternative of requesting that the appellate review agency contact the agency of record to inquire about a missing disposition. In addition to record challenge procedures, some States allow an appellant or the reviewing agency to request an administrative hearing. State laws vary widely in regard to deadlines for administrative decisions and subsequent appeals by a denied applicant. Whether a checking agency is required by law to approve, delay, or deny a person with an incomplete record may affect the number of appeals filed in a State (see Firearm rejection rates.) Existing data indicates that the vast majority of disputed firearm denials are resolved at the administrative level and are rarely appealed to the courts. The paucity of court appeals is not surprising because most disputes turn upon the accuracy of records, not upon an interpretation of the law. Between July 1, 2000 and June 30, 2001, Tennessee modified its appeal procedure as part of an amendment that required denial of an applicant whose record indicates an arrest for a disqualifying offense without a disposition. If the applicant appeals the denial, the checking agency has 15 calendar days in which to obtain the final disposition. Firearm rejection rates State and local checking agencies received an estimated 3.4 million firearm transfer applications during 2000; an estimated 86,000 applications were rejected, a rejection rate of 2.5% (FBI checks are not included in these figures). The 2000 statistics include applications for transfers, permits required for transfers, and carry permits that could be used to exempt the holder from a point- of-transfer background check. This national estimate combined actual counts from statewide reporting agencies with an estimate for aggregated local agencies. The rejection rates among statewide agencies for the various types of firearm approval systems were estimated to be 3.0% for instant approvals, 1.8% for purchase permits, 2.3% for exempt carry permits, and 1.0% for other approval systems. The rejection rates among local agencies for the various types of firearm approval systems were estimated to be 2.1% for purchase permits, 1.9% for exempt carry permits, and 0.5% for other approval systems (no local agencies administer instant approval systems). The predominant reason (57.6%) 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, 2000, July 2001, NCJ 187985.) Statewide rates The number of applications received and rejected, and rejection rates for statewide agencies during 2000 are reproduced in. Seventeen instant approval systems exhibit the widest variation in rejection rates, ranging from 0.3% (Connecticut) to 7.2% (Tennessee). Statewide rejection rates for purchase permit applications are available from Connecticut (0.1%), New Jersey (1.7%), and Illinois (2.0%). Rejection rates for seven States that reported exempt carry permit counts range between 0.4% (North Dakota) and 2.7% (Indiana). Complete statewide data was reported by two "other approval" systems for firearm transfer applications, California (0.9%) and Maryland (1.7%). 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, processing and reporting of appeals, 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 (0.3%), and Illinois (0.8%), where an instant check at the point of transfer is the second step required for approval of prospective firearm owners. Before an instant sale check can be conducted, 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 (2.0%) during the first step of the process. 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 Tennessee (7.2%), Colorado (5.0%), and Georgia (4.9%). By contrast, approval systems established before passage of the Brady Act tend to have lower rejection rates. These systems include Virginia (1.4%), 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. Rejection rates may be influenced by a State's response to applicants who have incomplete records for criminal history and other disqualifying factors. 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, the agency must decide, based on Federal or State law, whether the application will be approved, denied, or delayed pending further research. A State's rejection rate will tend to be low if an approval is mandated and high if a denial is mandated. Some States apply the Brady Act's rule that if a disqualifying record is not found within 3 days, a transfer may proceed. Other States have laws and regulations that allow their agencies to deny or delay a transfer if an incomplete record is being researched when the time limit for a response expires. These rules may partially account for the comparatively high rejection rates in States such as Colorado. Local agency rates Rejection rates among local agencies may be influenced by many of the same factors that influence the rates of agencies with statewide jurisdiction. In addition, data for the year 2000 indicates that the local agency rejection rate is related to the population level of the jurisdiction served by the agency. Local agencies that provided data for the Firearm Inquiry Statistics (FIST) project were grouped according to the size of the community they served: small (under 10,000 people), medium (10,000 to 100,000), or large (over 100,000). For agencies that issued purchase permits and those that issued exempt carry permits, the rejection rate increased as the population of the community served increased. Purchase permit agency rejection rates, by category, were 1.53% for small, 2.59% for medium, and 2.83% for large. Exempt carry permit agency rejection rates, by category, were 1.16% for small, 1.67% for medium, and 2.55% for large. 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 subheadings for the summaries. Prohibited persons Categories of persons prohibited permanently or temporarily from purchasing, possessing, or transferring firearms. Restoration of rights Pardons, court procedures, or other means by which adult or juvenile offenders can regain the right to possess or purchase firearms. Regulated sales The scope of firearm transfer restrictions such as background checks, permit and license requirements, residency rules, and handgun purchase limits. Includes types of transferors (licensed or unlicensed), firearms (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. 2000 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. 2000/2001 legislation Significant changes in laws related to firearm sales that became effective between July 1, 2000, and June 30, 2001. Relevant laws Citations to statutes governing the transfer, possession, and use of firearms. Source of information State agencies that contributed to the survey. Federal system Prohibited persons Federal law prohibits firearm possession by or transfer to a person who is: under indictment for or convicted of a crime punishable by imprisonment for more than 1 year; a fugitive from justice; an unlawful user of or addicted to any controlled substance; adjudicated as a mental defective or committed to a mental institution; an illegal alien or an alien admitted under a nonimmigrant visa; dishonorably discharged from the armed forces; a renounced U.S. citizen; restrained by court order from harassing, stalking, or threatening an intimate partner or child; or convicted in any court of a misdemeanor crime of domestic violence. It is unlawful for a federallylicensed dealer to transfer a long gun to a person under 18 years of age or a handgun to a person under 21 years of age. Further, it is unlawful for any person to transfer a handgun to a juvenile (under 18) or for a juvenile to possess a handgun, except in limited circumstances. Restoration of rights Federal firearm rights can be restored by a presidential pardon or by ATF; agency decisions can be appealed to Federal district court. Regulated sales Record checks through the National Instant Criminal Background Check System (NICS) are required on persons who purchase firearms or redeem pawned firearms from federally licensed dealers. A licensee has the option of requesting a check when a firearm is pawned. A handgun cannot be transferred by a licensee to a person who does not reside in the State where the licensee's business is located. An interstate transfer of a handgun or long gun between unlicensed persons is prohibited. Permits Federal law does not require a permit to purchase a firearm. Background checks NICS checks are conducted by the FBI and State point of contact (POC) agencies. The FBI checks handgun and long gun buyers in 24 States and only long gun buyers in 10 additional States. Dealers contact the system by telephone or other electronic means and receive an immediate response as to whether a transfer may proceed, may not proceed, or will be delayed pending further review. If no response is received within 3 business days, the transfer may proceed. Waiting period No Federal requirements. Information from applicants The standard ATF form filed with a licensee requires the buyer's full 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 Over 71% of the background inquiries conducted by the FBI result in an immediate "proceed" response. Transactions resulting in immediate proceed responses are typically completed within 30 seconds after information is entered into the NICS. Approximately 95% of all inquiries were issued a proceed or deny response within 2 hours. Retention of records Information on applicants denied by the FBI is retained indefinitely. Most information on transfers allowed by the FBI is not retained; certain items may be retained for auditing purposes for not more than 6 months (90 days as of July 3, 2001). Registration No Federal requirements. The Brady Act prohibits use of the NICS to establish a registry of firearms or firearm owners. 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. 2000 firearm checks by the FBI 4,260,270 applied; 66,808 denied (1.6%). 2000/2001 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. Residents of adjoining States may purchase long guns in Alabama unless otherwise prohibited. No person shall make any loan secured by a mortgage, deposit, or pledge of a handgun. A State license is required for retail dealers of handguns. Permits No permit is required to purchase firearms. A permit is required to carry a concealed handgun. Background checks The State is not a point of contact for the NICS. Licensed dealers in Alabama contact the FBI for all checks required by the Brady Act. Waiting period No State requirement. Information from applicants No State requirement. Purchaser fees None. State data Alabama makes fugitive, criminal history, probation/parole, and domestic violence restraining order data available on the statewide computer network. Check processing time Not applicable. Retention of records Not applicable. 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. 2000 firearm checks No statewide information is available. 2000/2001 legislation The legislature repealed the statute that required a handgun seller to observe a 48-hour waiting period, obtain a statement from a purchaser, and forward a copy of the 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. However, the waiting period will be in effect if the Brady instant check law is repealed. 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 convictions can be identified from records created after January 15, 1998. Check processing time Not applicable. Retention of records No State requirements. Registration No State requirements. Appeals of denials A person who is denied a firearm by the FBI may appeal under Federal law. Arrests of denied persons Not applicable. 2000 firearm checks No statewide information is available. 2000/2001 legislation No significant changes. Relevant laws Alaska Statutes 11.61.190 et seq; 18.65.700 et seq. Source of information Alaska Department of Public Safety. Arizona 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 because of a domestic violence or felony offense. It is illegal to knowingly transfer a firearm to a person who intends to use the firearm in the commission of any felony. A firearm cannot be transferred to or possessed by a minor under the age of 18 except in limited circumstances. Restoration of rights Adult felons convicted of "dangerous offenses" cannot regain the right to possess firearms. All other felons discharged from probation must wait a certain length of time, depending on the offense, before applying for a court order to restore firearm rights. For adult felons, the waiting period is 10 years for "serious offenses" and 2 years for other offenses. For juvenile felons, the waiting period is until age 30 for dangerous and serious offenses, and 2 years for most other offenses. 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 90 days (per Federal law) on approved transactions and 5 years on disapproved transactions. Registration No State requirements. Appeals of denials A person denied a firearm may appeal to the Firearm Clearance Center for correction of information. Arrests of denied persons The Firearm Clearance Center 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. 2000 firearm checks Transfers: 126,880 applied; 3,194 denied (2.5%). Carry permits: 15,100 applied; 340 denied (2.3%). 2000/2001 legislation The statute that prohibits a person on probation from possessing a firearm was amended to include only those offenders who have been convicted of domestic violence or a felony. Relevant laws Arizona Revised Statutes 13-905 et seq; 13-3101 et seq. Source of information Arizona Department of Public Safety. Arkansas FBI conducts NICS checks Prohibited persons Arkansas law provides that no person shall possess or own any firearm who has been convicted of a felony, adjudicated mentally ill, or committed involuntarily to any mental institution. No person under the age of 18 shall possess a handgun except in limited circumstances. It is illegal to furnish a firearm or other deadly weapon to a minor (under 18) without the consent of a parent or guardian, or to furnish a handgun or prohibited weapon to a felon, or to knowingly sell, rent, or transfer a firearm to a person prohibited by State or Federal law. Restoration of rights The governor can restore a felon's right to own a firearm upon a recommendation from a chief law enforcement officer if the underlying offense did not involve the use of a weapon and occurred more than 8 years ago. Restoration of rights can also occur with a pardon. Regulated sales State law does not require background checks on firearms purchasers. Residents of adjacent states may purchase long guns in Arkansas unless otherwise prohibited. Permits Arkansas does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks The State is not a point of contact for the NICS. Licensed 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 issued on or after April 1, 1999. Waiting period No State requirements. Information from applicants No State requirements. Purchaser fees None. State data Fully automated fugitive, criminal history, and domestic violence restraining order/misdemeanor data are available on the statewide network. Check processing time Not applicable. Retention of records 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. 2000 firearm checks No statewide information is available. 2000/2001 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. 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. Handgun purchases are limited to 1 in a 30-day period. Permits A permit is not required to purchase firearms, but is required to possess a machine gun or an assault weapon. Carrying a concealed firearm requires a license. Background checks The California Department of Justice (DOJ) is a NICS point of contact and conducts all checks required by Federal and State law. Gun show transfers and other private sales are processed through a licensed dealer or law enforcement agency. Dealers contact DOJ by telephone or computerized "point-of-sale device." 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 within 60 days of moving to California. Assault weapons are registered. Appeals of denials A person who is denied a firearm can appeal to California DOJ. Arrests of denied persons In cases involving falsified applications or outstanding warrants, DOJ informs the agency with jurisdiction over the individual. Persons with warrants cannot receive a firearm if a conviction would disqualify them. 2000 firearm checks Transfers: 386,210 applied; 3,475 denied (0.9%). 2000/2001 legislation Preventing witness or victim testimony was added to the list of misdemeanors that disqualify a person from possessing a firearm for 10 years after conviction. Testing and certification requirements for handguns became effective on January 1, 2001. Relevant laws California Penal Code 12000 et seq. Source of information California Department of Justice. Colorado State requests NICS checks Prohibited persons Colorado law forbids transfer of a firearm to any person who is prohibited by Federal or State law; arrested for or charged with a crime for which the person, if convicted, would be prohibited by Federal or State law; or the subject of an indictment, information, or felony complaint alleging a crime punishable by imprisonment exceeding 1 year. A firearm cannot be possessed by a person who is a previous felony offender or was adjudicated for an act that would be a felony if committed by an adult. A firearm cannot be possessed by or transferred to a person who has not attained the age of 18 years, except in limited circumstances. It is illegal to knowingly obtain a firearm on behalf of a prohibited person. Restoration of rights Felons and juvenile offenders can regain firearm rights if they receive a pardon from the president or the governor. Regulated sales State law requires background checks on persons who purchase firearms from licensed dealers or at a gun show. Residents of contiguous States may purchase long guns in Colorado unless otherwise prohibited. Permits Colorado does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks The Colorado Bureau of Investigation (CBI) is a point of contact for the NICS and conducts all checks required by Federal and State law. Licensed dealers in Colorado request instant checks by using a 1-800 number. Gun show transactions are processed through dealers. State law mandates denial of a person arrested or indicted for a potentially disqualifying offense if no final disposition of the case is noted in databases searched. Waiting period No State requirements. Information from applicants Colorado's application includes the purchaser's name, address, race, gender, and date of birth. A Social Security number is optional. Purchaser fees CBI does not charge a fee for an instant check. A licensed dealer may charge a fee not to exceed $10 for processing a gun show transaction. State data Colorado maintains fully automated fugitive, criminal history, probation/parole, and domestic abuse restraining order/misdemeanor data on a statewide network. In addition, CBI receives court records of persons who have been adjudicated as a juvenile delinquent. Check processing time Routine transactions are processed in less than 3 minutes; transactions requiring additional research are processed in less than 1 day. Retention of records CBI purges 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's residence and the dealer's premises. 2000 firearm checks Transfers: 137,916 applied; 6,923 denied (5.0%). 2000/2001 legislation Amendments made it illegal to transfer firearms other than handguns to juveniles without parental consent, or to buy a gun on behalf of a prohibited person. A voter referendum added a new article that requires a gun show promoter to ensure the presence of a licensed dealer who requests background checks on persons buying firearms from non-licensed vendors. Relevant laws Colorado Revised Statutes 12-26.1-101; 18-12-101 et seq; 24-33.5-424. Source of information Colorado Bureau of Investigation. Connecticut State requests NICS checks Prohibited persons An eligibility certificate or pistol permit for a handgun cannot be issued to a person who did not complete a firearm safety course, or was convicted of a felony, 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 background checks on persons who apply for permits, redeem firearms, or make a purchase from a licensed or unlicensed seller at a gun show or other location. Firearms dealers must have a State license. Permits An eligibility certificate or pistol permit is required to purchase a handgun. Both documents are valid for 5 years 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. Applications are approved or denied within 8 weeks for a pistol permit or 90 days for an eligibility certificate. 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 fee of $35 is charged for pistol permits and eligibility certificates, plus $24 to cover the FBI fingerprinting fee for criminal history. State data Connecticut maintains fugitive, criminal history, probation/parole, domestic abuse restraining order/ misdemeanor, mental health, and juvenile data. 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 5 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 for a handgun or long gun. 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. 2000 firearm checks Transfers: 49,079 applied; 140 denied (0.3%). Pistol permits: 27,069 applied, 17 denied (0.1%). 2000/2001 legislation No significant changes. 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. A handgun dealer is required to have a State license. Permits A permit is not required to purchase firearms. A permit is required to carry a concealed handgun. Background checks State law requires that licensed dealers call the Delaware State Police (DSP) for instant 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 DSP does not charge a fee for an instant check. A dealer may charge a fee not to exceed $20 per criminal history check to process a private sale. State data Delaware maintains fully automated fugitive, criminal history, probation/parole, juvenile, 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. 2000 firearm checks No statewide information is available. 2000/2001 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 instant checks required by Federal and State law. Checks on firearms redeemed within 90 days of being pawned can be conducted by the FBI; if a weapon is redeemed after 90 days, the check is conducted by FDLE. 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 A firearm purchaser submits the standard ATF form to a dealer. State law requires that the dealer transmit the purchaser's name, date of birth, gender, race, and Social Security number (optional) or other identification number to FDLE. Purchaser fees FDLE currently charges $5 for a background check. The maximum fee allowed by statute is $8. State data Florida maintains fugitive, criminal history, domestic violence misdemeanor/restraining order, juvenile, and probation/parole data. Check processing time Routine transactions are normally processed in less than 4 minutes. Transactions requiring additional research are normally processed in less than 3 days. Retention of records Information on an approved transaction is destroyed by FDLE within 2 days after the response to a licensee's request for a check. Information on denied transactions is retained 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. 2000 firearm checks Transfers: 231,783 applied; 5,790 denied (2.5%). 2000/2001 legislation As allowed by statute, the Department of Law Enforcement reduced the purchaser background check fee to $5. 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 background checks on firearm sales by licensed dealers and on redemptions which occur more than 1 year after the firearm is pawned. Permits Georgia does not require a permit to purchase firearms. A permit is required to carry a concealed handgun. Background checks The Georgia Bureau of Investigation (GBI) is a point of contact for the NICS and conducts checks required by Federal and State law. Holders of concealed handgun permits issued by county probate courts are exempt from sale checks under ATF and State rules. Licensed dealers request instant checks by using a 1-800 number. The GBI is allowed 3 days to complete a check. The time allowed can be extended if the applicant's criminal history record is not immediately available (no extension limit is provided in the statute). Waiting period No State requirements. Information from applicants Georgia's consent form requires the purchaser's name, gender, race, and date of birth, plus a Social Security or other identification number (a Social Security number is voluntary, but is used as a means of identification and a search parameter). 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 are 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 warrant is reported by GBI to the agency with jurisdiction over the individual. 2000 firearm checks Transfers: 213,110 applied; 10,526 denied (4.9%). 2000/2001 legislation Amendments increased penalties for various firearm offenses and made it a felony for a person with a previous forcible felony conviction to attempt to obtain a firearm. Relevant laws Official Code of Georgia 16-11-101.1 et seq; 16-11-170 et seq. Source of information Georgia Bureau of Investigation, Crime Information Center. Hawaii State requests NICS checks Prohibited persons State law prohibits ownership, possession, or control of a firearm by a person who is a fugitive from justice; indicted or bound over for or convicted in Hawaii or elsewhere of a felony, a crime of violence, or an illegal drug sale; addicted to drugs or alcohol; acquitted of a crime on grounds of mental disease; diagnosed as having significant behavioral, emotional, or mental disorders; under 25 years old and adjudicated to have committed certain crimes; or subject to a restraining order that prohibits firearm possession. A U.S. citizen must be 21 or more years of age to apply for a permit to acquire. Handgun permit applicants must complete a hunter education or firearm safety course. A long gun cannot be transferred to a person under the age of 18. Restoration of rights A convicted felon may possess a firearm if the right to acquire firearms was specifically restored by a governor's pardon. Regulated sales Hawaii law requires a permit to acquire the ownership of any firearm. Since July 1, 1992, an assault pistol can only be transferred to a licensed dealer or a county chief of police. A firearms dealer is required to have a State license. Permits A permit to acquire, valid for 10 days, is required for every purchase of a handgun. A permit to acquire, valid for 1 year, is required for unlimited purchases of long guns. A license is needed to carry a handgun. Background checks Four police departments are points of contact for the NICS and conduct checks required by Federal and State law on applicants for permits to acquire handguns or long guns. State law mandates that a permit application be approved or denied within 20 days. ATF allows permits to acquire and licenses to carry to be used for purchases in lieu of the NICS check. Waiting period A 14-day waiting period, which begins when an application is filed, must expire before a permit to acquire can be issued, regardless of when a background check is completed. Information from applicants The Hawaii permit application requests the following: name, previous name, home address, business address, occupation, race, gender, height, weight, date and place of birth, hair and eye color, Social Security number, and mental health history. Fingerprinting and photographing of first-time applicants is required; thereafter, only a yearly photograph is taken (or whenever the applicant renews a permit to acquire). Purchaser fees First-time permit applicants are charged $24 to subsidize the FBI fingerprint check. State data Hawaii maintains an automated control repository which includes criminal history and domestic violence misdemeanor data. 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 acquired in Hawaii or brought into the State are required to be registered, except for certain antique or inoperable devices. Appeals of denials State law does not provide an appeal procedure for permit denials. Arrests of denied persons No information is available. 2000 firearm checks No statewide information is available. 2000/2001 legislation No significant changes. Relevant laws Hawaii Revised Statutes 134-1 et seq. Source of information Hawaii Criminal Justice Information Center; Honolulu Police Department. Idaho FBI conducts NICS checks Prohibited persons Idaho law does not allow persons convicted of certain felonies to ship, transport, possess, or receive firearms. It is unlawful for persons who were previously convicted of these felonies (or comparable offenses in other U.S. jurisdictions) to purchase, own, possess, or have custody or control of any firearm. A firearm cannot be sold to or possessed by a minor under the age of 18 without the consent of a parent or guardian. Restoration of rights Some felons regain firearm rights upon completion of imprisonment, probation, or parole. Other felons, except for those convicted of specified offenses, may apply to the commission of pardons and parole for restoration of firearm rights if 5 years have elapsed after final discharge. 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 valid 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. 2000 firearm checks No statewide information is available. 2000/2001 legislation No significant changes. Relevant laws Idaho Code 18-310; 18-3302 et seq. Source of information Idaho State Police. Illinois State requests NICS checks Prohibited persons Firearm Owners Identification (FOID) cards cannot be issued to persons who are prohibited by any Illinois statute or Federal law. State law prohibits firearm possession by persons who are under 21 years of age and have been convicted of misdemeanors other than a traffic offense, or adjudged delinquent; under 21 and lack parental consent to possess firearms; convicted felons; 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. All buyers must display a valid FOID card. A private seller is not required to request a check but must retain transaction records for 10 years. Long guns may be purchased in Illinois by residents of adjacent States and other nonresidents who meet certain requirements. 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. A purchase denial can be appealed to the FTIP unit. 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. 2000 firearm checks FTIP: 157,588 applied; 1,296 denied (0.8%). FOID: 217,773 applied; 4,434 denied (2.0%). 2000/2001 legislation No significant changes. 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. A retail dealer of handguns must have a State license. It is illegal to secure a loan by a mortgage, deposit, or pledge of a handgun. 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. After receiving a dealer's request for a check, ISP, under Indiana law, has until the end of the next business day to advise of a prohibition. 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 may be filed in circuit court. Arrests of deni