U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 1997 --------------------------------------------------------------------- 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 --------------------------------------------------------------------- Prepared by the Regional Justice Information Service St. Louis, Missouri December 1998, NCJ-173942 Background This report is the third edition of the BJS document, Survey of State Procedures Related to Firearm Sales. The first edition, released in May 1996 (NCJ-160763), described procedures related to presale firearm background checks in each of the 50 States and other United States jurisdictions as of April 1996. The second edition, released in September 1997 (NCJ-165705), described procedures related to presale firearm background checks in each of the 50 States and other United States jurisdictions as of the end of 1996. This edition updates the earlier publications and describes the procedures and practices in effect as of the end of 1997. The scope of the individual State summaries has been expanded to provide information not included in the second edition. (References to "States" in this publication generally apply to a territory, commonwealth or district as well.) This report is prepared as part of the BJS Firearm Inquiry Statistics (FIST) project, a component of the BJS National Criminal History Improvement Program (NCHIP). The FIST project was established in 1995 to collect data describing the impact of presale firearm checks required under Federal or State law. Data collected under the FIST program are also included in BJS Bulletins. The first Bulletin, Presale Firearm Checks, NCJ-162787, was released in February 1997 and described inquiries and rejections related to all firearm sales between February 1994 (the effective date of the Brady Act requirements) and June 1996. A second BJS Bulletin, Presale Handgun Checks 1996, NCJ-165704, was released in September 1997 and focused only on inquiries and rejections related to attempted handgun sales during 1996. The most recent BJS Bulletin, Presale Handgun Checks 1997, NCJ-171130, was released in June 1998 and focused on inquiries and rejections related to attempted handgun sales during 1997. BJS anticipates that the procedural information presented in this report will be used together with the statistical information presented in the Bulletins to provide the user with a more complete .understanding of the impact of presale firearm check requirements. Survey Methodology. Data for this report were collected from agencies designated by their respective States as authorized to perform record checks for handgun purchasers and to determine if applications are acceptable under the Brady Act, or, particularly in the case of Brady-alternative States, under applicable State legislation. For purposes of this report, these agencies are referred to as CLEOs (Chief Law Enforcement Officers). Depending on the State, CLEOs may be either a single State agency servicing the entire State or one or more local agencies. The status of the reporting agency is described on the individual State summaries, and a list of State contacts is in Appendix A. Descriptions of procedures, as reported in this publication, and statistical data presented in the Bulletins, were voluntarily provided on survey questionnaires. BJS also provided States with software for direct reporting of statistical information. The software, which was designed to minimize State burdens associated with data collection, was used at the option of the State. To ensure accuracy, a copy of each State's summary in this publication was forwarded to the State for review, and clarifying comments were used to refine the summary. Data collection and collation, and supplementary legal research, were provided by the Regional Justice Information Service (REJIS), the BJS grantee for the FIST Project. Consistent with confidentiality and privacy protection procedures, no data were collected under the project in a form identifiable to any individual. Additionally, the software provided to assist States in submitting data contains a purging mechanism which destroys data in accordance with applicable Federal or State law. Legal Background. The state summaries included in this report outline procedures that are consistent with Federal law. The currently applicable interim provisions of the Brady Handgun Violence Prevention Act (Brady Act), PL 103-159 (107 Stat. 1536), amending the Gun Control Act of 1968 (18 U.S.C. Chapter 44), prohibit sale of a handgun by a Federal Firearm Licensee (FFL) for a period of 5 days or until the licensee has been advised that, based on a background check, a prospective purchaser is not prohibited from purchase under either Federal or State law. The interim provisions of the Brady Act also permit States with prohibitory statutes comparable to Federal law to follow a variety of alternative procedures. The "Brady-alternative States" generally employed either an "instant check" or a "permit or other approval-type system." After November 1998, when the permanent provisions of the Brady Act are effective, instant background checks through the National Instant Criminal Background Check System (NICS) or permits will be required prior to the sale of any firearm by a federal firearm licensee. The Federal Gun Control Act (GCA), at 18 U.S.C. 922, prohibits the transfer of any firearm to any person who -- * is under indictment for, or has been convicted of, a crime punishable by imprisonment for more than 1 year; * is a fugitive from justice; * is an unlawful user of or addicted to any controlled substance; * has been adjudicated as a mental defective or committed to a mental institution; * is an alien unlawfully in the United States; * was discharged from the armed forces under dishonorable conditions; * has renounced United States citizenship; * is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child; or * has been convicted in any court of a misdemeanor crime of domestic violence. Additionally, the GCA makes it unlawful for any licensed importer, licensed manufacturer, licensed dealer, or collector to transfer a long gun to a person less than 18 years of age or any other firearm to a person less than 21 years of age. (The GCA contains other restrictions on firearms transfers as well, and readers are advised to consult the full text of the statute or the web sites listed at the end of this section.) The information provided for each State in this report may include procedures and prohibitions required under State as well as Federal legislation. In some cases, for example, States have imposed procedural or prohibitory requirements which go beyond the baseline requirements of Federal law. With respect to the impact of State restoration of revoked handgun ownership privileges, readers are urged to contact the Bureau of Alcohol, Tobacco and Firearms (BATF) for further information. As noted in the individual summaries or the Appendix tables, this report may describe State procedures and prohibitions applicable to both handguns and other firearms. Statistical and Legal Changes Over Time. Changes in the number of handgun sale inquiries and denials, and the rate of overall or specific categories of rejections may reflect a variety of factors. These include changes in State law, revisions in State policy, changes in State organization, and the status and availability of different categories of records. The regular release of updated information in these BJS documents is intended to highlight such changes. Thus, all appendices included in the previous edition of this publication have been updated. In addition, a new appendix summarizes revisions of background check procedures, additional restrictions on purchases, and other significant changes in State firearms laws between the effective date of the Brady Act and the end of 1997. Significant post-Brady changes include implementation of an instant check or a permit or other approval-type system by several States in order to qualify for the Brady-alternative designation. Numerous States enacted additional restrictions on purchases, including several prohibitions upon juveniles or persons who committed serious criminal offenses as minors. Increased restrictions upon persons who commit domestic violence were added at the federal and state levels. As noted in the second edition of this publication, the Federal Gun Control Act was amended, effective October 1996, to prohibit firearm sales to persons convicted of any misdemeanor involving domestic violence. In addition to these purchase restrictions, several states enacted new legislation to permit court-ordered seizures of firearms from persons subject to domestic violence restraining orders. To aid in further legal research, a new appendix provides citations to the relevant firearm laws for each of the jurisdictions summarized. As this publication went to press, Federal and State agencies were preparing to implement NICS as mandated by the permanent requirements of the Brady Act. Effective November 30, 1998, the NICS will allow federal firearms licensees to contact the system by telephone or other electronic means for information on whether receipt of a firearm by a prospective transferee would violate Federal or State law. The licensees will contact either the FBI or a designated state point of contact (POC) to initiate background checks on individuals purchasing firearms. Persons holding firearm permits issued under state statutes which are determined by BATF to qualify as alternatives under the permanent requirements of the Brady Act will not be required to undergo a NICS check. The current pawn shop exemption for background checks on individuals who are redeeming firearms will cease on November 30, 1998. Further information on the GCA, the Brady Act, the NICS, and BJS related publications is available from federal agencies at: http://www.fbi.gov/programs/ nicsfact.htm http://www.atf.treas.gov/core/ firearms/firearms.htm http://www.ojp.usdoj.gov/bjs/ DEFINITIONS OF CATEGORIES INCLUDED IN STATE SUMMARIES [Explanatory Note - When used below, "state" refers to any United States jurisdiction, whether it be a state, commonwealth, district or territory. The definitions are not alphabetized; they follow the format as used in each state summary.] Source of Information. The state agency which provided information for the survey. Indicates whether that agency is the Chief Law Enforcement Officer (CLEO) for the state, and lists any other agencies which perform CLEO functions. Additional Restrictions on Purchase. State laws restricting handgun or long gun purchasers who would not be prohibited by federal law. Limitations on Use. The general scope of state limitations on activities such as carrying and discharging handguns and long guns. Permits. Whether a permit, license, identification card or other document issued by a CLEO is required for the purchase, possession or carrying of handguns and long guns. Handgun Registration. Whether the state maintains a registry of handgun owners. A long gun registry is listed if the state maintains one. Scope of Sales Covered. Whether the state requires a background check for firearm transfers not covered by the Brady Act, such as sales by private individuals or pawnshops, or redemptions by persons who pawn handguns. Restoration of Rights. Whether a convicted felon's right to own or possess firearms can be restored automatically or by pardon, court order, or other process. Background Checks. The state's procedures for conducting background checks of firearms purchasers, including time limits imposed on CLEOs by state law. Indicates whether state law requires a waiting period after a buyer applies and before a seller can complete a firearm transfer. Information on the Application. Purchaser and firearm information requested on the state's application, including any that is required by state law. Indicates whether the standard BATF form (contents listed in Appendix Table 5) is used. Inquiry Process. Time required, on the average, for the state's CLEO(s) to process routine firearm purchase applications requiring no research, and applications which require research into missing arrest dispositions and other questions. Fees Charged. The amounts charged to firearms purchasers for background checks or the issuance of documents needed for purchase. State Data. Databases maintained by the state which are normally available to the CLEO(s) during the course of a background check. If the files are not fully automated, the extent of database automation is indicated. Retention of Applications. The length of time that approved and rejected firearm purchase applications are retained by the CLEO(s), including retention periods required by federal or state law. Statistics Maintained. Categories of handgun crimes or incidents tracked by the state. Current Activity. The number of handgun applications and disapprovals, and the rejection rate, for the states that maintain statewide data. Post-Brady Legislation. A summary of revisions of Brady-related procedures and other significant changes in state firearms law which were passed or became effective between February 28, 1994 and December 31, 1997. Relevant Laws. Citations to state statutes governing the transfer and use of firearms. Alabama A Brady State: 4,040,587 population Source of Information. Information was provided by the Alabama Bureau of Investigation and the Alabama Criminal Justice Information Center, which are not CLEOs. The CLEOs in the State are the 67 county sheriffs. Additional Restrictions on Purchase. Alabama prohibits the purchase of handguns by persons who are habitually intoxicated. Limitations on Use. The State places limitations on carrying a concealed handgun, and forbids the carrying or discharge of handguns and long guns within certain areas and premises. Permits. Alabama does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Alabama. Scope of Sales Covered. In addition to Federal Firearm Licensee sales, the State requires background checks for sales by pawnshops. Restoration of Rights. Alabama does not allow a convicted felon's right to own a handgun to be restored. Background Checks. Firearm dealers request background checks on handgun purchasers by sending applications to the sheriffs via registered or certified mail. The results of background checks are sent back to the dealers. Alabama requires a 48-hour waiting period before completion of a handgun transfer. .Information on the Application. Alabama's application includes the following information: first name, last name, date of birth, place of birth, current address, prior address, occupation, social security number, race, sex, height, weight, date and hour of application plus the make, model, caliber, and manufacturer's number of the weapon. Inquiry Process. No information is available. Fees Charged. There are no State-mandated fees. Any fees charged are within the discretion of the local CLEOs. State Data. Alabama makes fugitive, criminal history, probation / parole, and domestic violence restraining order data available to each CLEO via the statewide computer network. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained at the discretion of the CLEOs. Statistics Maintained. Alabama maintains statistics on handguns stolen or recovered, and on events which involve handguns and drugs, homicides, assaults or violence against a police officer. Current Activity. No statewide information is available. Post-Brady Legislation. An amendment forbid carrying or possessing a deadly weapon on the premises of a public school. Relevant Laws. Code of Alabama 13A-11 et seq. . .Alaska A Brady State: 550,043 population Source of Information. Information was provided by the Alaska Department of Public Safety, which is the CLEO for part of the State. The other CLEOs are 34 local police agencies. Additional Restrictions on Purchase. Alaska prohibits knowingly selling handguns or long guns to persons whose physical or mental condition is substantially impaired by intoxicating liquor or controlled substances. Handguns cannot be possessed by persons who were adjudicated a delinquent minor, within the past 10 years, for conduct that would constitute a felony if committed by an adult. Limitations on Use. The State places limitations on carrying a concealed handgun, and forbids the carrying or discharge of handguns and long guns within certain areas and premises. Permits. Alaska does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Alaska. Scope of Sales Covered. In addition to Federal Firearm Licensee sales, the State requires background checks for pawnshop sales and redemptions, and transfers between individuals, including sales occurring at gun shows. Restoration of Rights. Alaska allows a convicted felon's right to own a handgun to be restored if the conviction is pardoned or set aside, or at least 10 years have elapsed since the person's unconditional discharge on the prior offense. Background Checks. Handgun sellers contact either the State agency or a local police agency for background checks on purchasers. The results of background checks are sent back to the sellers. .Information on the Application. Alaska uses the standard BATF form. Inquiry Process. No information is available. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the local CLEO. State Data. Alaska makes fugitive, criminal history, and domestic violence restraining order/ misdemeanor data available to each CLEO via the statewide computer network. These files are fully automated. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained at the discretion of the CLEOs. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. A new law provided for permits to carry concealed handguns. Amendments prohibited discharge of a firearm from a vehicle or at a building or a school. Relevant Laws. Alaska Statutes 11.61.190 et seq; 18.65.700 et seq. .Arizona A Brady State: 3,665,228 population Source of Information. Information was provided by the Arizona Department of Public Safety, which is the CLEO for the State. Additional Restrictions on Purchase. The State prohibits possession of handguns and long guns by persons previously adjudicated delinquent, unless their rights have been restored. It is illegal to knowingly transfer a handgun or long gun to a person who intends to use the firearm in the commission of any felony. Limitations on Use. Arizona places limitations on carrying concealed handguns and long guns, and forbids the carrying or discharge of firearms within certain areas and premises. Permits. Arizona does not require a permit to purchase handguns or long guns. Carrying a concealed handgun requires a permit. Handgun Registration. Handguns are not registered. Scope of Sales Covered. Only handgun sales by Federal Firearm Licensees are subject to background checks requirements in the State. Restoration of Rights. Arizona allows a convicted felon's right to own a handgun to be restored unless the person committed a "dangerous offense." Persons convicted of "serious offenses" must wait 10 years (all other felons 2 years) after completion of the sentence before applying for a court order restoring civil rights. Since July 1988, firearm rights as well as civil rights must be included on the court order. Background Checks. The CLEO conducts checks on handgun purchase applicants. Dealers contact the CLEO by 1-800 number, regular telephone, fax, or mail. Results of background checks are reported to the dealers. .Information on the Application. Arizona uses the standard BATF form. Inquiry Process. Applications which require no research are normally processed in less than 5 minutes. Applications requiring research normally take less than 5 days. Fees Charged. No fee is charged. State Data. The CLEO has access to fugitive and criminal history (including probation/parole) data from the statewide computer network. These files are fully automated and contain 100% of the data available at the State level. In addition, the CLEO has access to sex offender registration and department of corrections data. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained for 5 years. Statistics Maintained. Arizona maintains statistics on events which involve handguns and homicides, assaults, and other specific activities. Current Activity. In 1997 Arizona processed 62,266 applications; 2,277 were disapproved. This represents a rejection rate of 3.7%. Post-Brady Legislation. New laws provided for concealed weapon permits and a handgun clearance center to conduct instant checks on handgun purchasers. Additional restrictions on purchases were enacted. Restoration of the right to possess a firearm was limited for certain offenders. Relevant Laws. Arizona Revised Statutes 13-905 et seq; 13-3101 et seq. .Arkansas A Brady State: 2,350,725 population Source of Information. Information was provided by the Arkansas State Police, the CLEO for the State during 1997, and the Office of the Attorney General, which became the CLEO in 1998. Additional Restrictions on Purchase. Arkansas does not place any additional restrictions on the purchase of handguns or long guns. Limitations on Use. The State limits carrying concealed handguns and long guns, and forbids the carrying or discharge of firearms within certain areas and premises. Permits. Arkansas does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Arkansas. Scope of Sales Covered. Only handgun sales by Federal Firearm Licensees are subject to background checks requirements in the State. Restoration of Rights. The governor can restore a felon's right to own a handgun 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. Background Checks. The State Police conducts background checks on handgun purchase applicants when requested by firearm dealers. Applications are received in person or by 1-900 number or certified mail. If an application is rejected, that result is reported to the dealer. If an application is not rejected, the 5-day waiting period is allowed to expire. Fingerprints are used if there is a question of identity. .Information on the Application. Arkansas uses the standard BATF form. Inquiry Process. The State Police reports only application denials to inquiring dealers. Applications that require extended research are normally processed in less than 5 days. Fees Charged. The State Police charges $15 for the background check and an additional $3 for using the 1-900 number. State Data. The State Police has access to fugitive, criminal history, and domestic violence restraining order/misdemeanor data from the statewide computer network. These files are fully automated. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained indefinitely. Statistics Maintained. Arkansas maintains statistics on events which involve a handgun and homicides, assaults, and other specific activities. Current Activity. In 1997, Arkansas processed 14,556 applications; 202 were disapproved, a rejection rate of 1.4%. Post-Brady Legislation. A new law authorized issuance of concealed weapon licenses. Amendments increased penalties for illegally possessing or furnishing a firearm. Relevant Laws. Arkansas Code 5-73-101 et seq. California A Brady-Alternative State: 29,760,021 population Source of Information. Information was provided by the California Department of Justice, which is the CLEO for the State. Additional Restrictions on Purchase. The State restricts the purchase of handguns and long guns by persons who were convicted of misdemeanors specified in State law, were adjudged wards of the juvenile court (until age 30), did not complete a firearm safety course or show proof of exemption, or communicated a threat to a licensed psychotherapist. Limitations on Use. California places limits on carrying a concealed handgun or long gun, and forbids carrying or discharging firearms within certain areas and premises. Permits. A permit is not required to purchase handguns or long guns. Carrying a concealed firearm requires a permit. Handgun Registration. The State does not register handguns, but the automated files maintain a record of handgun purchases and transfers. New residents are required to report handgun ownership. Scope of Sales Covered. All sales by California licensed firearms dealers are covered, as well as sales and redemptions at pawnshops and sales from one individual to another. Restoration of Rights. California allows restoration of the right to own firearms 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. Background Checks. The CLEO conducts checks on purchases of handguns and long guns, and informs firearm sellers of the denials via mail or telephone. Effective April 1, 1997, the State implemented a "paperless" process, and reduced the waiting period to 10 days. .Information on the Application. The State requires the name, sex, home address, local address if traveling, California driver's license, California ID card or miliary ID card number, Basic Firearms Safety Certificate or exemption number, height, weight, descent, hair color, eye color, date of application, and, if a handgun, the make, model, type, and serial number of the weapon. Inquiry Process. Applications are processed within the 10-day waiting period. Fees Charged. The CLEO charges $14 for a check on a single handgun or an unlimited number of long guns, and $10 for additional handguns purchased at the same time. State Data. The CLEO has access to fugitive, State and Federal criminal record, court restraining orders, probation/parole, juvenile, mental health, and domestic abuse files. These files are fully automated. Retention of Applications. All applications prior to April 1, 1997 are kept on microfiche indefinitely. All applications after April 1, 1997 are maintained in an automated file indefinitely. Statistics Maintained. The State tracks handgun and long gun sales and denials, stolen or recovered handguns, handgun accidents, and events which involve a handgun and drugs, homicides, and other specific activities. Current Activity. In 1997, California processed 204,409 applications; 1,839 were disapproved, a rejection rate of 0.9%. Post-Brady Legislation. Highlights included authorization to participate in the NICS and a law allowing seizure of firearms from domestic violence offenders. Relevant Laws. California Penal Code 417.3; 626.9; 12000 et seq; Family Code 6389. Colorado A Brady-Alternative State: 3,294,394 population Source of Information. Information was provided by the Colorado Bureau of Investigation, which is the CLEO for the State. Additional Restrictions on Purchase. The State will not authorize a handgun purchase if the applicant is guilty of certain misdemeanors specified in State law. Limitations on Use. Colorado places limitations on carrying concealed handguns and long guns, and forbids carrying or discharging firearms within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Colorado. Scope of Sales Covered. Only handgun sales by Federal Firearm Licensees require background checks. As of March 1997, pawnshop redemptions were excluded from coverage. Restoration of Rights. Convicted felons are not allowed to regain the right to possess a handgun in the State. Background Checks. The CLEO conducts instant background checks on handgun purchase applicants. The dealer requests a check by using a 1-800 number, and the CLEO is allowed a maximum period of one day to complete processing. .Information on the Application. Colorado's application includes the following information: name, address, race, sex, date of birth, Social Security number (optional), date of request, and the action taken. Inquiry Process. For applications which require no research, the process takes less than 1 minute. Applications requiring research take less than 1 day. Fees Charged. The CLEO charges $10 for the background check. State Data. The CLEO has access to fugitive, criminal history, probation/parole, juvenile, and domestic abuse restraining order/misdemeanor data from the statewide computer network. These files are fully automated. Retention of Applications. The CLEO purges approved applicant information within 48 hours; denied applicant information is purged after 2 years. Statistics Maintained. Colorado maintains statistics on the number of handgun application approvals and denials, including reasons for denials. Current Activity. In 1997, Colorado processed 46,853 applications; 2,476 were disapproved, a rejection rate of 5.3%. Post-Brady Legislation. A new law established an instant check system for handgun sales. An amendment forever prohibited felons from possessing firearms. Relevant Laws. Colorado Revised Statutes 12-26.5-101 et seq; 18-12-101 et seq. Connecticut A Brady-Alternative State: 3,287,116 population Source of Information. Information was provided by the Connecticut State Police, which is the CLEO for the State. Additional Restrictions on Purchase. Connecticut prevents handguns from being purchased by applicants who committed any of eleven misdemeanors pertaining to firearms and dangerous weapons, or did not complete a firearm safety course, or whose suitability can be questioned because of involvement in police incidents. Limitations on Use. The State places limitations on carrying concealed handguns and forbids carrying or discharging firearms within certain areas and premises. Permits. Connecticut requires a valid Eligibility Certificate or Pistol Permit to purchase handguns without a 14-day waiting period. An authorization number is also required at the time of sale. A permit is not required to purchase long guns; however, a 14-day waiting period is required without a pistol permit, eligibility certificate or hunting license. The pistol permit is also required to carry a handgun. Handgun Registration. The State's firearm registration form includes sale, weapon, buyer and seller information. Scope of Sales Covered. Background checks on handgun and long gun purchasers are required for transfers by Federal Firearm Licensees, individuals and pawnshops (including redemptions). Restoration of Rights. Connecticut allows rights to be restored if the person goes to the Board of Pardons and has the conviction cleared from the record. Background Checks. The CLEO conducts checks on applicants for pistol permits and eligibility certificates, and on handgun and long gun purchases. The CLEO can be contacted by regular telephone, mail, certified mail or fax, or in person. A 14-day waiting period is required for firearm transfers without proper permits. .Information on the Application. The State's application includes the sale authorization number, name, address, race, sex, height, weight, date of birth, Social Security and operator's license numbers, dealer information, date of application, date action taken, and the action taken. Inquiry Process. Applications requiring no research are normally processed in less than 15 minutes; those which require research normally take less than 3 days. Fees Charged. A maximum fee of $35 will be charged for pistol permits and eligibility certificates. State Data. Fugitive, criminal history, probation/ parole, and domestic abuse restraining order/misdemeanor data are available to the CLEO from the statewide computer network. Access to juvenile data will be expanded in October 1998. Retention of Applications. Connecticut keeps rejected applications to purchase firearms for 10 years. Dealers keep approved applications for 5 years. Statistics Maintained. The State's Crime Analysis Unit maintains statistics on confiscated handguns and on events which involve handguns and gangs, homicides and other activities. Current Activity. No information is available. Post-Brady Legislation. New statutes added restrictions on purchase, and permit, background check, fee and data collection requirements. An amendment modified waiting period requirements. Relevant Laws. Connecticut General Statutes 29-27et seq; 53-202 et seq; 53-217a. Delaware A Brady-Alternative State: 666,168 population Source of Information. Information was provided by the Delaware State Police, which is the CLEO for the State. Additional Restrictions on Purchase. Delaware prevents handguns and long guns from being purchased by applicants who committed misdemeanors involving assault or drug violations within the past 5 years, or have been adjudicated as delinquent for conduct which if committed by an adult would constitute a felony, and have not reached the age of 25. Limitations on Use. The State limits carrying a concealed handgun and requires that long guns be unloaded while being carried in a motor vehicle. Carrying or discharging firearms within certain areas and premises is forbidden. Permits. Delaware does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Delaware. Scope of Sales Covered. Sales by Federal Firearm Licensees require background checks in the State. In addition, checks may be run on private sales, which is an option and not a requirement. Restoration of Rights. A convicted felon's right to own a handgun may be restored through a governor's pardon. Background Checks. Firearm sellers request instant checks on handgun and long gun purchasers by using a 1-800 number. The CLEO reports background check results by telephone. .Information on the Application. Delaware's application includes the following information: name, address, race, sex, date of birth, Social Security number, date of request, date action taken, and the action taken. If the application is rejected, the type, make, model,and serial number of the weapon are recorded. Inquiry Process. For applications which require no research, the process normally takes less than 6 minutes. Applications requiring research normally take less than 14 minutes. Fees Charged. No fees are charged. State Data. The CLEO has access to fugitive, criminal history, probation/parole, juvenile, mental health, and domestic violence restraining order/misdemeanor data from the statewide computer network. These files are fully automated except for mental health, which is partially automated. Retention of Applications. Delaware keeps the approved applications for 60 days and the rejected applications indefinitely. Statistics Maintained. Delaware maintains statistics on handgun accidents as well as statistics on events which involve a handgun and homicides, drugs, and other specific activities. Current Activity. In 1997, Delaware processed 11,369 applications; 491 were disapproved, a rejection rate of 4.3%. Post-Brady Legislation A new statute prohibited the possession of weapons on school property or at State recreational facilities. Relevant Laws Delaware Code 11-1441 et seq. Florida A Brady-Alternative State: 12,937,926 population Source of Information. Information was provided by the Florida Department of Law Enforcement (FDLE), which is the CLEO for the State. Additional Restrictions on Purchase. The State prohibits the sale of handguns and long guns to persons who have 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. Limitations on Use. Florida limits carrying concealed handguns, and forbids carrying or discharging firearms within certain areas and premises. Permits. No permit is required to purchase handguns or long guns. A license to carry a concealed firearm can be used for purchases without a new background check. Handgun Registration. Handguns are not registered in Florida. Scope of Sales Covered. In addition to sales by Federal Firearm Licensees, background checks on handgun and long gun applicants are required for sales by pawnshops. However, pawnshop redemptions are not covered unless the gun is redeemed more than 90 days after being pawned. Restoration of Rights. Florida allows a convicted felon's right to own a handgun to be restored through a governor's pardon and, if necessary, a pardon from the State where the felony conviction occurred. Background Checks. The CLEO conducts instant checks when requested by a seller using a 1-800 number or a fax. State law requires a 3-day waiting period for handgun transfers. If a handgun application is not rejected by the end of the 3-day waiting period, the transaction can be completed. Long gun purchasers do not have a waiting period. .Information on the Application. Florida uses the standard BATF form. Inquiry Process. For applications which require no research, the process normally takes less than 3 minutes. Applicants requiring research take less than 3 days. Fees Charged. The CLEO charges $8 for the background check. State Data. The CLEO has access to the following statewide data: fugitive, criminal history, domestic violence misdemeanors/restraining orders, juvenile, drug use, mental health, State disqualifiers, and probation/parole. Retention of Applications. Approved applications are retained for less than 2 days; rejected applications are retained indefinitely. Statistics Maintained. Information may be obtained by contacting the Florida Department of Law Enforcement Firearm Purchase Program. Current Activity. In 1997, Florida processed 198,922 applications; 7,348 were disapproved, a rejection rate of 3.7%. Post-Brady Legislation. No significant changes. Relevant Laws. Florida Statutes 790.001 et seq. Georgia A Brady-Alternative State: 6,478,216 population Source of Information. Information was provided by the Georgia Bureau of Investigation, Crime Information Center, which is the CLEO for the State. Additional Restrictions on Purchase. Applicants must have resided in the State for at least 3 months in order to purchase handguns. Limitations on Use. Georgia limits carrying concealed handguns and forbids carrying or discharging handguns and long guns within certain areas and premises. Permits. Georgia does not require a permit to purchase handguns or long guns. A permit is required to carry a handgun. Handgun Registration. Handguns are not registered in Georgia. Scope of Sales Covered. In addition to sales by Federal Firearm Licensees, background checks are required for pawnshop sales. However, pawnshop redemptions are not covered unless the gun is redeemed more than 1 year after being pawned. Restoration of Rights. Georgia allows a convicted felon's right to own a handgun to be restored if the person is granted a pardon and the Pardon and Parole Board specifically restores the right to possess a firearm. Background Checks. The CLEO conducts instant checks on handgun purchase applicants when requested by a firearm seller using a 1-800 number. The results of the checks are sent back to the sellers. The CLEO is allowed 1 day to complete a check, but the time can be extended if the applicant's criminal history record is not immediately available. .Information on the Application. Georgia's application contains the following information: name, sex, race, date of birth, and Social Security number or other identification number. Inquiry Process. For applications which require no research, the process normally takes less than 5 minutes. Applications requiring research normally take less than 1 day. Fees Charged. The CLEO charges $5 for the background check. State Data. Georgia has access to databases for fugitive, criminal history, probation and parole, mental health, and domestic violence misdemeanor data. These files are fully automated. Retention of Applications. The Georgia Consent Form is attached to ATF 4473 and retained by the dealer. The State does not keep a record of approved sales. Rejected applications are kept on record for 90 days. Statistics Maintained. No statewide information is available. Current Activity. In 1997, Georgia processed 83,673 applications; 7,136 were disapproved, a rejection rate of 8.5%. Post-Brady Legislation. A new law established an instant check system for handgun transfers which occurred after January 1, 1996. An amendment exempted a pawnshop redemption from background check requirements if it occurs within 12 months of the handgun being pawned. Relevant Laws. Official Code of Georgia 16-11-101 et seq. Hawaii A Brady-Alternative State: 1,108,229 population Source of Information. Information was provided by the Hawaii Criminal Justice Information Center and the Honolulu Police Department. The CLEOs in the State are four local police departments. Additional Restrictions on Purchase. Hawaii prohibits issuing a permit for handguns or long guns to persons who have committed violent misdemeanors or illegal sales of drugs; are addicted to intoxicating liquor; or have significant behavioral, emotional or mental disorders. Persons acquiring a handgun are required to complete a firearm safety course. Limitations on Use. The State places limitations on carrying handguns and long guns concealed or within certain areas and premises. Permits. Hawaii mandates a permit to acquire handguns and long guns. A license is needed to carry a handgun. Handgun Registration. Handguns and long guns are required to be registered in Hawaii. Scope of Sales Covered. In addition to Federal Firearm Licensee sales, the State requires a background check for sales by individuals. Handguns may not be pawned in the State. Restoration of Rights. Hawaii allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks. The CLEOs perform background checks on applicants for permits to acquire handguns and long guns. A 14-day waiting period is required before issuance of a permit, and all applications must be approved or denied within 20 days. A permit to acquire a handgun must be used within 10 days after issuance. .Information on the Application. Hawaii requires an applicant's name, address, race, sex, height, weight, date and place of birth, hair and eye color, Social Security and telephone numbers, fingerprints, business address, occupation, aliases, nicknames, maiden name, scars, marks and tattoos, photograph, and mental health history. Inquiry Process. No information is available. Fees Charged. First time applicants are charged $24 to subsidize the FBI fingerprint check. State Data. The State maintains an automated control repository which includes criminal history and domestic violence misdemeanor data. Mental health data is recorded manually. Retention of Applications. CLEOs keep approved and rejected applications on file indefinitely. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. The firearms permit statute was amended to require training for persons acquiring handguns and to allow CLEOs to charge a fee to cover the FBI fingerprint check. Registration of long guns was mandated. Amendments allowed the police to seize firearms from domestic violence offenders, and revoked the exemption from seizure formerly available to law enforcement officers. Relevant Laws. Hawaii Revised Statutes 134-1 et seq. Idaho A Brady-Alternative State: 1,006,749 population Source of Information. Information was provided by the Idaho Department of Law Enforcement, which is the CLEO for the State. Additional Restrictions on Purchase. The State does not place any additional restrictions on the purchase of handguns or long guns. Limitations on Use. Idaho limits carrying concealed handguns and long guns and forbids carrying or discharging firearms within certain areas and premises. Permits. A permit is not required to purchase handguns or long guns. Permits are required for concealed weapons and, if issued after March 22, 1995, can be used to purchase handguns without a new background check. Handgun Registration. Handguns are not registered in Idaho. Scope of Sales Covered. Only firearm dealers registered with the State may access the instant check system to sell handguns. Sales between individuals and redemptions by pawnshops do not require background checks. Restoration of Rights. The State allows a convicted felon's right to own a handgun to be restored automatically after completion of imprisonment, probation or parole (except for certain felony offenses). Background Checks. The CLEO conducts instant checks on applicants for purchases of handguns. Registered dealers request checks by using a 1-800 number or a regular telephone. The results of background checks are reported to the dealers. As an alternative, a dealer may request a background check from the buyer's local sheriff, subject to the 5-day waiting period. .Information on the Application. Idaho's application requires the following information: name, sex, race, and date of birth. The following fields are optional: address, height, weight, and Social Security number. Inquiry Process. For applications which require no research, the process normally takes less than 3 minutes. Applications requiring research normally are processed in less than 1 hour. Fees Charged. Applicants are not charged for background checks. The CLEO charges registered dealers an annual $100 fee. State Data. The CLEO has access to fugitive, criminal history, and domestic violence protective order/misdemeanor data on the statewide computer network, as well as a sex offender registry. These files are fully automated. Retention of Applications. The CLEO keeps approved applications for less than 5 days and rejected applications for 6 months. Statistics Maintained. Idaho maintains statistics on events which involve a handgun and homicides, gangs, and other specific activities. Current Activity. In 1997, Idaho processed 22,761 applications; 790 were disapproved, a rejection rate of 3.5%. Post-Brady Legislation. A new chapter allowed firearms dealers to access an instant check system for handgun transfers. Subsequent amendments exempted certain license holders from background check requirements, and allowed dealers the option of requesting a check from a buyer's local sheriff. Relevant Laws. Idaho Code 18-3302 et seq; 19-5401 et seq. Illinois A Brady-Alternative State: 11,430,602 population Source of Information. Information was provided by the Illinois State Police, which is the CLEO for the State. Additional Restrictions on Purchase. The State prohibits issuing a Firearm Owner's Identification (FOID) card to a person who is prohibited by any Illinois statute or federal law. State law includes prohibitions similar to the federal restrictions, and further prohibits persons who are under 21 years of age and have been convicted of a misdemeanor other than a traffic offense or adjudged delinquent; or are mentally retarded. Limitations on Use. Illinois places limitations on carrying handguns and long guns in vehicles and forbids carrying concealed firearms. Permits. Illinois requires residents to possess a valid Firearm Owner's Identification (FOID) card in order to purchase firearms or ammunition. Handgun Registration. Guns are registered by some local governments, but not by the State. Scope of Sales Covered. Background checks are required for sales by licensed dealers, and for pawnshop sales and redemptions. Sales between private individuals are not covered. However, records of transactions between private individuals must be kept for 10 years. Restoration of Rights. A convicted felon's right to own a firearm may be restored if he or she is granted relief from Illinois convictions. An application for relief is made to the Director of the State Police, whose decision can be appealed to the courts. Background Checks. The CLEO conducts background checks on applicants for FOID cards, most of whom apply by mail. A maximum period of 30 days is allowed to process the FOID card applications. When a valid card is used for a purchase, the dealer requests an instant check through the Firearm Transfer Inquiry Program (FTIP) Unit of the State Police, using one of two 1-900 numbers. The waiting period required to purchase is 24 hours for a long gun and 72 hours for a handgun. Information on the Application. The FOID application requires name, address, date of birth, race, sex, height, weight, eye color, hair color, a recent picture, and answers to specific questions regarding eligibility factors. Inquiry Process. FTIP purchase inquiries requiring limited analysis are completed in less than 1 minute. Inquiries requiring complete analysis are completed within 24-72 hours, depending on the type of firearm. Fees Charged. The CLEO charges $2 for an FTIP inquiry at the time of purchase and $5 for the FOID card, which is good for 5 years. State Data. The CLEO has access to automated files with national, fugitive, criminal history and conviction data from the statewide computer network. Other files cover mental health, and domestic violence restraining orders and misdemeanors. Retention of Applications. Approved FTIP transactions from 1-900 calls are kept for 1 year; rejected transactions are kept for 5 years. FOID card applications are retained on microform. Statistics Maintained. Illinois maintains statistics on stolen or recovered handguns, and on events which involve a handgun and homicides, gangs, and other specific activities. Current Activity. In 1997, Illinois processed 171,865 FTIP inquiries from 1-900 calls; 1,943 were disapproved, a rejection rate of 1.1%. Post-Brady Legislation. See Appendix Table 6. Relevant Laws. Compiled Statutes 430:65/0.01 et seq; 720:5/24-1 et seq; 725:5/112A-14.5. Indiana A Brady-Alternative State: 5,544,159 population Source of Information. Information was provided by the Indiana State Police, which is the CLEO for the entire State. Additional Restrictions on Purchase. Indiana does not allow sales of handguns to persons who are under 23 years of age and were adjudicated a delinquent child for an act that would be a felony if committed by an adult; are alcohol abusers; or attempt a purchase while in a state of intoxication. Limitations on Use. Indiana places limitations on carrying concealed handguns and forbids carrying or discharging firearms within certain areas and premises. Permits. Indiana does not require a permit to purchase handguns or long guns. A license is required to carry a handgun; the license can also be used for a purchase without a new background check. Handgun Registration. Handguns are voluntarily registered in Indiana. Scope of Sales Covered. In addition to sales by Federal Firearm Licensees, background checks are required for handgun transfers from one individual to another. Handguns cannot be pawned in the State. Restoration of Rights. Indiana allows a convicted felon's right to own a handgun to be restored through a full pardon from the governor, if 15 years have elapsed since the time of the offense. Background Checks. The CLEO conducts background checks on purchase applications received through the mail from handgun sellers. Disapprovals are reported to sellers by telephone. If an application is approved, the State's required 7-day waiting period is allowed to expire. .Information on the Application. Indiana's application contains the following information: date and hour of the transfer, name, address, occupation, sex, eye color, hair color, race, complexion, age, place of birth, date of birth, nationality, height, weight, build, scars and marks, plus the make, model, caliber, and serial number of the handgun. Fingerprints may be required. Inquiry Process. Applications are normally processed within the 7-day waiting period. Fees Charged. The CLEO does not charge a fee for background checks. State Data. The CLEO has access to criminal history data from the statewide computer network. This file is fully automated and contains 100% of the data available at the State level. Retention of Applications. The CLEO does not retain approved applications but retains rejected applications indefinitely. Statistics Maintained. No statewide information is available. Current Activity. In 1997, Indiana processed 207,611 handgun license and purchase applications; 1,167 were disapproved, a rejection rate of 0.6%. Post-Brady Legislation. The State's prohibition against transferring possession of firearms to persons under 18 years of age was extended to assault weapons. A new chapter, effective November 30, 1998, establishes a system by which dealers will call the State Police for background checks and receive a response during the call or by return call without delay. Relevant Laws. Indiana Code 35-47-1 et seq. Iowa A Brady-Alternative State: 2,776,755 population Source of Information. Information was provided by the Iowa Department of Public Safety, which is the CLEO for State employees. The other CLEOs in the State are the 99 county sheriffs. Additional Restrictions on Purchase. Iowa prohibits the sale of handguns to anyone who has a history of repeated acts of violence or is addicted to alcohol. Limitations on Use. Iowa places limitations on carrying handguns and long guns concealed or within certain areas and premises. Permits. Iowa requires an annually renewed permit to acquire handguns, unless the purchaser holds a valid permit to carry firearms. A permit is not required to purchase long guns. Handgun Registration. Handguns are not registered in Iowa. Scope of Sales Covered. Permit regulations pertain to all handgun sales by Federal Firearm Licensees and pawnshops, as well as sales from one individual to another. However, redemptions by the person who pawned a gun are not covered by State law. Restoration of Rights. Iowa allows a convicted felon's right to own a handgun to be restored through a pardon. Background Checks. The CLEOs conduct background checks on applicants for permits to acquire handguns. Permits may not be issued without the check being completed. If approved, the sheriff issues a permit that is valid for 1 year. Iowa has a minimum 3-day waiting period because the permit is valid 3 days after being issued. .Information on the Application. Iowa's application includes the following information: name, address, date of birth, Social Security number (optional), date of request, date action taken, and the action taken. Inquiry Process. No information is available. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. CLEOs have access to fugitive, criminal history, and domestic abuse restraining order/misdemeanor data on the statewide computer network. These files are fully automated. The CLEOs also have access to some probation, parole, and juvenile data. Retention of Applications. CLEOs keep the approved applications for 4 years and rejected applications for 3 years. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. No significant changes. Relevant Laws. Iowa Code 702.7; 724.1 et seq. Kansas A Brady State: 2,477,574 Source of Information. Information was provided by the Kansas Bureau of Investigation, which is not a CLEO. The CLEOs in the State are the 123 local sheriffs and police departments. Additional Restrictions on Purchase. Kansas restricts possession of firearms by certain persons who were adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute a disqualifying offense. Limitations on Use. The State limits carrying handguns and long guns concealed or within certain areas and premises. Permits. Kansas does not require a permit to purchase handguns or long guns. Handgun Registration. Handguns are not registered in Kansas. Scope of Sales Covered. In addition to Federal Firearm Licensees sales, the State requires a background check for pawnshop sales. Restoration of Rights. Kansas allows a convicted felon's right to own a handgun to be restored after 5 or 10 years (depending on the type of crime) from the date of conviction or release from imprisonment (whichever period is longer). Restoration is not allowed if the offense involved possession of a firearm. Background Checks. Firearm sellers requesting background checks on handgun purchasers contact the CLEOs via telephone, fax, or regular or certified mail. Applications are also accepted in person. The CLEOs use a statewide computer network to contact the State's central repository and receive a qualified or disqualified message. .Information on the Application. Kansas uses the standard BATF form. Inquiry Process. The background check process usually takes less than 1 day. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. Kansas provides criminal history, domestic violence misdemeanor, and juvenile offender data to each CLEO via the statewide computer network. Complete criminal history records are disseminated to the CLEOs and to other authorized recipients via mail. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained at the discretion of the CLEOs. Statistics Maintained. Kansas maintains statistics on stolen or recovered handguns, as well as statistics on events which involve a handgun and homicides, gangs, and other specific activities. Current Activity. No statewide information is available. Post-Brady Legislation. Amendments to criminal possession of a firearm laws restricted persons who possess handguns as juveniles, were convicted of certain firearm offenses in other jurisdictions, or were convicted of involuntary manslaughter while driving under the influence of alcohol or drugs. Relevant Laws. Kansas Statutes 21-4201 et seq. Kentucky A Brady State: 3,685,296 population Source of Information. Information was provided by the Kentucky State Police, which is the CLEO for most of the State. The sheriffs of Marshall, Ballard, Callaway, and Boyd counties also function as CLEOs. Additional Restrictions on Purchase. The State does not place any additional restrictions on the purchase of handguns or long guns. Limitations on Use. Kentucky places limitations on carrying concealed handguns and long guns, and forbids carrying or discharging firearms within certain areas and premises. Permits. Kentucky does not require a permit to purchase handguns or long guns. A license is required to carry a concealed firearm. Handgun Registration. The State does not register handguns. Scope of Sales Covered. Only sales by Federal Firearm Licensees require background checks in Kentucky. Restoration of Rights. Kentucky allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks. Firearm dealers can request background checks on handgun purchase applicants by mail, fax, or certified mail. If the application is rejected, the denial is telephoned to the dealer with only the message number from the background check response. The applicant will receive a denial letter stating the charge, contributing agency, date of criminal history, and disposition, if available. .Information on the Application. In addition to the data required on the standard BATF form, Kentucky requires the Social Security number. Inquiry Process. Background checks normally take no longer than 3 days. Fees Charged. No fees are charged. State Data. CLEOs have access to fugitive, criminal history, and domestic violence restraining order data from the statewide computer network. These files are fully automated. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. The CLEOs retain the rejected applications indefinitely. Statistics Maintained. Kentucky maintains statistics on handguns stolen or recovered, as well as statistics on events which involve a handgun and homicides, assaults, drugs, and other specific activities. Current Activity. In 1997, the Kentucky State Police processed 79,574 applications for areas covered by the agency. The State Police disapproved 1,973 applications, a rejection rate of 2.5%. Post-Brady Legislation. A new statutory section provided for licenses to carry concealed firearms. New statutes prohibited possession of a firearm on the property of an elementary school or a high school, and allowed a court to restrict firearm possession by a person charged with domestic violence. Relevant Laws. Kentucky Revised Statutes 237.030 et seq; 431.064; 527.010 et seq. Louisiana A Brady State: 4,219,973 population Source of Information. Information was provided by the Louisiana State Police, which is not a CLEO. The CLEOs for the State are 63 sheriffs and the New Orleans Police Department. Additional Restrictions on Purchase. The State does not place additional restrictions on the purchase of handguns or long guns. Limitations on Use. Louisiana places limitations on carrying a concealed handgun and forbids the carrying or discharge of handguns and long guns within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Louisiana. Scope of Sales Covered. Only sales by Federal Firearm Licensees are subject to background checks requirements in the State. Restoration of Rights. A convicted felon's right to own a handgun can be restored in Louisiana through a governor's pardon or by a sheriff. Except for certain offenders, persons conviction free for ten years after completion of their sentence may apply to the sheriff of their parish of residence for a permit to possess firearms. Background Checks. The CLEOs conduct background checks on applicants for purchases of handguns. Firearm dealers request the checks by sending purchase applications to the CLEOs. .Information on the Application. Louisiana uses the standard BATF form. Inquiry Process. No information is available. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. Louisiana makes criminal history and fugitive data available to each CLEO via the statewide computer network. These files are fully automated. A domestic violence restraining order registry was scheduled to go online in 1998. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained at the discretion of the CLEOs. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. An amendment provided for issuance of concealed handgun permits by the Department of Public Safety and Corrections. Relevant Laws. Louisiana Revised Statutes 14:91; 14:95; 14:95.1; 40:1379.3: 40:1751 et seq. Maine A Brady State: 1,227,928 population .Source of Information. Information was provided by the Maine State Police, which is the CLEO for unincorporated areas of the State. The other CLEOs are 128 local police agencies. Additional Restrictions on Purchase. Maine prohibits sales of handguns to certain persons who have engaged in conduct as juveniles that if committed by an adult would have been a disqualifying offense. Limitations on Use. The State places limitations on carrying concealed handguns and long guns and forbids the carrying or discharge of firearms within certain areas and premises. Permits. Maine does not require a permit to purchase handguns or long guns. A permit to carry a concealed weapon is required. Handgun Registration. Handguns are not registered in Maine. Scope of Sales Covered. Only sales by Federal Firearm Licensees are subject to background checks requirements in the State. Restoration of Rights. Maine allows a convicted felon's right to own a handgun to be restored by the Commissioner of Public Safety, a court order, or a governor's pardon. An application to the Commissioner can be made if 5 years without additional violations have elapsed since completion of the sentence. Background Checks. Firearm dealers request background checks on handgun purchasers by sending applications to the local police departments or the State police. .Information on the Application. Maine uses the standard BATF form. Inquiry Process. The State police normally process approved applications within 24 hours, and rejected applications within 72 hours. Fees Charged. No fees are charged. State Data. Maine makes fugitive, criminal history, and Department of Motor Vehicle data available to each CLEO. These files are maintained manually and are accessed via teletype. The local police check court files for domestic violence restraining orders. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained indefinitely. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. The transfer of a firearm to a minor without parental consent was forbidden by a new law. Relevant Laws. Maine Revised Statutes 15.393; 17A.554; 25.2001 et seq. Maryland A Brady-Alternative State: 4,781,468 population Source of Information. Information was provided by the Maryland State Police Licensing Division, the CLEO for the State. Additional Restrictions on Purchase. The State prohibits transfers of handguns to persons who are habitually intoxicated or visibly under the influence of alcohol or drugs; were convicted of any common law offense or misdemeanor that carries more than a 2-year term of imprisonment; or participate in straw purchases. Applicants must have resided in the State for 1 month, and are limited to purchasing one handgun every 30 days. Limitations on Use. Maryland limits carrying a concealed handgun, and forbids carrying or discharging firearms within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns. A permit issued by the Secretary of the Maryland State Police is required to carry a handgun. Handgun Registration. Maryland maintains a permanent record of all completed sales of handguns and other regulated firearms. Scope of Sales Covered. Dealers selling regulated firearms in Maryland must have a regulated firearms dealers license issued by the State, in addition to a Federal Firearms License. Background checks are required for all handgun sales, including those which occur at pawnshops and gun shows, or between individuals. Pawnshop redemptions are not considered to be sales. Restoration of Rights. The right to own a firearm may be restored through a governor's pardon, provided that more than 10 years have passed since the conviction and no other criminal violations have occurred. Background Checks. Handgun sellers request checks by submitting purchase applications to the CLEO by certified mail or fax. Maryland requires a minimum 7-day waiting period for all transfers. .Information on the Application. The application includes the name, address, race, sex, height, weight, hair color, eye color, date and place of birth, driver's identification number, Social Security number, occupation, date of request, date action taken, action taken, and the type, make, model, and serial number of the weapon. Inquiry Process. Applications requiring no research take approximately 5 days. Applications which require research normally take less than 1 month. Fees Charged. The CLEO charges a $10 application fee. State Data. The CLEO has access to fugitive, criminal history, domestic violence restraining order/misdemeanor, and probation/parole data. Fugitive and criminal history files are fully automated. Retention of Applications. A permanent record of all completed applications of regulated firearms is maintained. Rejected applications are maintained for 3 years. Statistics Maintained. Maryland maintains statistics on events which involve a handgun and homicides, robbery, and other specific activities. Current Activity. In 1997, Maryland processed 31,599 applications; 275 were disapproved, a rejection rate of 0.9%. Post-Brady Legislation. Amendments added purchase restrictions, revised existing restrictions, established a waiting period, and limited the use of firearms on school property or in a vehicle. Relevant Laws. Code of Maryland 27-36A et seq; 27-441 et seq. Massachusetts A Brady-Alternative State: 6,016,425 population Source of Information. Information was provided by the Massachusetts Department of Public Safety, which is not a CLEO. The CLEOs in the State are 270 local police departments. Additional Restrictions on Purchase. Applicants must be able to satisfy the CLEO that they have a proper purpose for purchasing a firearm and are a suitable person. The State prohibits possession of handguns or long guns by persons who are not U.S. citizens; have been treated or confined for habitual drunkenness; or were adjudicated or released from confinement as a youthful offender within the prior 5 years. Limitations on Use. The State places restrictions on carrying handguns and long guns and forbids the carrying or discharge of firearms within certain areas and premises. Permits. Unless a purchaser possesses a license to carry, the State requires a firearm identification card to purchase any firearm and, further, requires a permit to purchase a handgun. Handgun Registration. Handguns and long guns purchased in Massachusetts are registered; new residents who own handguns must notify the State. Scope of Sales Covered. Massachusetts requires a background check for sales by Federal Firearm Licensees and for all other firearm transfers. Handguns cannot be pawned in the State. Restoration of Rights. A convicted felon's right to own a handgun may be restored through a governor's pardon, or following five years after completion of the sentence without additional violations. Background Checks. The local police departments conduct background checks on applicants for documents required to purchase firearms. The CLEOs are allowed 30 days to process identification card applications. Information on the Application. The application includes the following information: name, address, telephone number, place of birth, business address, employer, occupation, build, complexion, eye color, hair color, height, weight, date of birth, Social Security number, mother's maiden name, father's name, applicant's other names, fingerprints, photograph, and references. Inquiry Process. No information is available. Fees Charged. The fee for an identification card or a permit to purchase is $2. State Data. Massachusetts provides fugitive, criminal history, probation/parole, juvenile, and domestic violence restraining order/misdemeanor data on the statewide computer network. These files are fully automated. Manual files are kept on mental health data. Retention of Applications. The CLEOs keep copies of approved and rejected applications indefinitely. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. Amendments to the identification card and license to carry statutes barred issuance of either to a person adjudicated or released from confinement as a youthful offender in the prior 5 years. Relevant Laws. Massachusetts Laws 140-121 et seq. Michigan A Brady-Alternative State: 9,295,297 population .Source of Information. Information was provided by the Michigan State Police. The CLEOs in the State are the 595 local sheriffs and police departments. Additional Restrictions on Purchase. Michigan prohibits issuing licenses to purchase handguns to persons who the CLEO has probable cause to believe will use the gun to harm themselves or others, or violate the law. Limitations on Use. The State limits carrying concealed handguns and forbids carrying or discharging handguns or long guns within certain areas and premises. Permits. Michigan requires a license to purchase a handgun and a license to carry a concealed handgun. Handgun Registration. The State requires registration of handguns. Scope of Sales Covered. In addition to Federal Firearm Licensees sales, Michigan requires a background check for sales by private individuals. Gifts and loans are treated as sales. Handguns cannot be pawned. Restoration of Rights. Felons convicted of nonviolent offenses regain the right to own a handgun 3 years after completion of their sentences. Violent offenders may have their rights restored 5 years after completion of a sentence, if approved by a county Concealed Weapons Licensing Board or the circuit court. Background Checks. Prospective purchasers apply for licenses in person. The larger CLEOs generally have their own automated inquiry system, while other agencies use the statewide system to check on license applicants. Information on the Application. The application includes the following information: name, address, race, sex, height, hair color, eye color, and date of birth. At the time of registration, the make, caliber, type, model, and serial number of the weapon are recorded. Inquiry Process. Applications not needing research are normally processed by non-automated agencies in less than 1 hour, and by automated agencies in less than 5 minutes. Applications requiring research take less than 5 days. Fees Charged. CLEOs are allowed to charge any fee not exceeding $5 for a license. State Data. Fully automated fugitive, criminal history, domestic violence restraining order, probation/parole, mental health, and juvenile (if reportable to the State) data is available to each CLEO. Some corrections data is also available. Domestic violence misdemeanors can be located through an automated pointer that requires manual research. Retention of Applications. Approved applications are kept on file for 6 years. Rejected applications are kept at the discretion of the CLEOs. Statistics Maintained. Michigan maintains statistics on handguns stolen, recovered, confiscated, or fired accidentally, as well as statistics on events which involve a handgun and homicides, gangs, and other specific activities. Current Activity. No statewide information is available. Post-Brady Legislation. Enumerated court orders and dispositions that prohibit purchase of a handgun were added by amendment to the handgun license statute. Relevant Laws. Michigan Compiled Laws 28.421 et seq; 750.234(a) et seq. Minnesota A Brady-Alternative State: 4,375,099 population Source of Information. Information was provided by the Minnesota Department of Public Safety, which is not a CLEO. The CLEOs in the State are 568 local sheriffs and police departments. Additional Restrictions on Purchase. The State prohibits sales of handguns to certain persons who were convicted of or adjudicated delinquent for committing a crime of violence as a juvenile. Limitations on Use. Minnesota requires a permit to carry a handgun and limits carrying a loaded long gun. Carrying or discharging a firearm within certain areas and premises is forbidden. Permits. Minnesota allows its citizens to make single purchases of handguns or to obtain a transferee permit which is good for 1 year and can be used to purchase an unlimited number of handguns. A valid permit to carry constitutes a transferee permit. Purchasing a long gun does not require a permit. Handgun Registration. Handguns are not registered in Minnesota. Scope of Sales Covered. In addition to Federal Firearm Licensee sales, the State requires background checks for transfers between private individuals and pawnshop sales / redemptions. Restoration of Rights. Persons convicted of committing crimes of violence may purchase handguns if 10 years have elapsed since restoration of civil rights or expiration of the sentence (whichever occurs first) and the person has not been convicted of any other crime of violence, or if the conviction has been expunged or the person has been pardoned. Background Checks. The CLEOs conduct background checks on applicants for transferee permits or single purchases of handguns. Permit applicants may contact a CLEO directly, and a firearm seller may request a single purchase approval. The CLEOs are allowed a maximum period of 5 business days (7 days) to complete background checks. .Information on the Application. The following information is required: name, address, telephone number, driver's license number, sex, date of birth, height, weight, eye color, and distinguishing physical characteristics. Applicants must show an identification card with a color photograph. Inquiry Process. No statewide information is available. Fees Charged. State law does not allow any fees to be charged. State Data. Minnesota makes criminal history, fugitive, juvenile and domestic violence restraining order data available to each CLEO via the statewide computer network . These files are fully automated. Manual files contain information on mental health and chemical dependency. Automation of mental health and domestic violence misdemeanor data is underway. Retention of Applications. Approved and rejected applications are kept at the discretion of the local CLEOs. Statistics Maintained. The State tracks handgun incidents which involve homicide or the death or injury of more than one person. Current Activity. No statewide information is available. Post-Brady Legislation. Amendments added restrictions on firearm possession, and required CLEOs to check mental health data. Relevant Laws. Minnesota Statutes 609.224; 624.711 et seq. Mississippi A Brady-Alternative State: 2,573,216 population Source of Information. Information was provided by the Mississippi Department of Public Safety, which is not a CLEO. The CLEOs are 262 local sheriffs and police departments. Additional Restrictions on Purchase. The State makes it unlawful to transfer a handgun to a person whom the transferor knows to be in a state of intoxication.. Limitations on Use. Mississippi places limitations on carrying concealed handguns and forbids carrying or discharging handguns and long guns within certain areas and premises. Permits. Mississippi does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Mississippi. Scope of Sales Covered. Only sales by Federal Firearm Licensees are subject to background checks requirements in the State. Restoration of Rights. Mississippi allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks. The CLEOs conduct background checks on handgun purchase applicants when requested by a firearms dealer. The CLEOs receive applications in person or by mail, fax, or certified mail. Results of the background checks are reported to the dealers. .Information on the Application. Mississippi uses the standard BATF form. Inquiry Process. The background check process normally takes less than 5 days. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. The State maintains an automated message switch that allows local CLEOs to access the National Crime Information Center (NCIC) and the Interstate Identification Index (III). Arrest and disposition data on felonies and misdemeanors became available online in 1998. Retention of Applications. CLEOs retain approved applications for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained at the discretion of the CLEOs. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. A reciprocity statute was added to the concealed handgun permit law. Relevant Laws. Mississippi Code 45-9-101; 97-37 et seq. Missouri A Brady-Alternative State: 5,117,073 population Source of Information. Information was provided by the Missouri State Highway Patrol, which is not a CLEO. The CLEOs in the State are the 114 local sheriffs, and the St. Louis County Police Department. Additional Restrictions on Purchase. The State prohibits issuing a permit to persons who are habitually intoxicated, were convicted of misdemeanors specified by State law, or rendered a false statement on their application. Applicants must have resided in the State for 6 months and must be U.S. citizens. Limitations on Use. The State prohibits the carrying of weapons concealed, and limits the carrying or discharge of handguns and long guns within certain areas and premises. Permits. Missouri mandates a permit to acquire a handgun, but does not mandate a permit to acquire a long gun. Handgun Registration. Handguns are not registered by the State, but are registered by some counties and municipalities. Scope of Sales Covered. In addition to Federal Firearm Licensees sales, the State requires a background check for transfers between individuals and for pawnshop sales. Restoration of Rights. Missouri allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks. The CLEOs conduct background checks on applicants for permits to acquire handguns and are allowed a maximum period of 7 business days to complete the process. Applicants generally contact a CLEO in person. .Information on the Application. Missouri's application includes the following information: name, residence and business addresses, height, hair color, eye color, date of birth, Social Security number, occupation, reason for desiring a permit, date of request, date action taken, reason for rejection, type, make, model, and serial number of the weapon, and the date and manner of the weapon's disposition. Inquiry Process. No statewide information is available. Fees Charged. The CLEOs charge $10 for a permit. State Data. Missouri makes fugitive, criminal history, domestic violence restraining order/misdemeanor, and probation/parole data available to each CLEO via a statewide computer network. These files are fully automated. Retention of Applications. The local CLEOs keep the approved and rejected applications indefinitely. Statistics Maintained. Missouri maintains statistics on handguns stolen, recovered, or fired accidentally. Current Activity. No statewide information is available. Post-Brady Legislation. The unlawful use of weapons statue was amended to prohibit discharge of a firearm at or from a motor vehicle, or at a building. Relevant Laws. Missouri Revised Statutes 571.010 et seq. Montana A Brady State: 799,065 population Source of Information. Information was provided by the Montana Department of Justice, which is not a CLEO. The CLEOs in the State are 56 local sheriffs and police departments. Additional Restrictions on Purchase. Montana does not place additional restrictions on the purchase of handguns or long guns. Limitations on Use. The State forbids the carrying of a concealed long gun and requires a concealed weapon permit to carry a concealed handgun on certain premises. Discharging a firearm within specified areas is prohibited. Permits. Montana does not require a permit to purchase handguns or long guns, but does require concealed weapon permits. Handgun Registration. The State does not register handguns. Scope of Sales Covered. Only sales of handguns by Federal Firearm Licensees require background checks in the State. Restoration of Rights. Montana allows a convicted felon's right to own a handgun to be restored by a governor's pardon or upon completion of the sentence (except for certain offenders who must apply to the court for a permit to purchase firearms). Background Checks. Firearms dealers request background checks on handgun purchase applicants by sending applications to the CLEOs. The results of the checks are reported back to the dealers. Persons possessing concealed weapon permits are exempt from the federal 5-day waiting period. .Information on the Application. Montana uses the standard BATF form. Inquiry Process. No information is available. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. Montana makes fugitive and criminal history data available to each CLEO via its statewide computer network. These files are fully automated. Some domestic violence data is also available. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained at the discretion of the CLEOs. Statistics Maintained. Montana maintains statistics on events which involve a handgun and homicides. Current Activity. No statewide information is available. Post-Brady Legislation. Amendments clarified procedures for concealed weapon permits and deprivation of a convicted offender's right to possess a firearm. Relevant Laws. Montana Code 45-8-301 et seq; 46-18-801. Nebraska A Brady-Alternative State: 1,578,385 population Source of Information. Information was provided by the Nebraska State Patrol, which is not a CLEO. The CLEOs are 93 sheriffs and the Lincoln and Omaha Police Departments. Additional Restrictions on Purchase. The State does not place additional restrictions on the purchase of handguns or long guns. Limitations on Use. Nebraska limits carrying concealed handguns and forbids carrying or discharging long guns within certain areas and premises. Permits. Nebraska requires a transfer certificate (valid for up to 3 years) to purchase a handgun. A permit is not required to purchase long guns. Handgun Registration. Handguns are not registered in Nebraska. Scope of Sales Covered. A transfer certificate is required for sales by Federal Firearm Licensees and other handgun transfers, with limited exceptions. Restoration of Rights. Nebraska does not allow a convicted felon's right to own a handgun to be restored. Background Checks. The CLEOs conduct background checks on applicants for handgun transfer certificates. Checks are requested from the local CLEO in person or by mail or fax. The results of the checks are reported by mail or fax. A maximum period of 2 days is allowed for a CLEO to investigate and decide on an application. .Information on the Application. Nebraska's application includes the following data: name, address, race, sex, height, weight, hair color, date of birth, Social Security number, date of request, date action taken, action taken plus the type, make, model, and serial number of the weapon. Inquiry Process. For applications which require no research, the process normally takes less than 1 day. Applications requiring research normally take less than 2 days. Fees Charged. Nebraska charges $5 for the background check. State Data. Nebraska makes fugitive, criminal history, and probation/parole data available to each CLEO via the statewide computer network. These files are automated and contain 75% of the data available at the State level. The State Patrol will research mental health data upon a request from a CLEO. Retention of Applications. Approved and rejected applications are kept at the discretion of the CLEOs. Statistics Maintained. Nebraska maintains statistics on events which involve a handgun and drugs, homicides, assaults, or violence against a police officer. Current Activity. No statewide information is available. Post-Brady Legislation. No significant changes. Relevant Laws. Nebraska Revised Statutes 28-1202; 69-2401 et seq. Nevada A Brady State: 1,201,833 population Source of Information. Information was provided by the Nevada Highway Patrol, which is the CLEO for the State. Additional Restrictions on Purchase. The State does not place additional restrictions on the purchase of handguns or long guns. Limitations on Use. Nevada places limitations on carrying concealed handguns and long guns and forbids carrying or discharging firearms within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed firearm. Handgun Registration. Handguns are not registered in Nevada except in Clark County. Scope of Sales Covered. Only sales of handguns by Federal Firearm Licensees require background checks in Nevada. Private persons wishing to transfer a firearm may request a check on the transferee from the State records repository. Restoration of Rights. Nevada allows a convicted felon's right to own a firearm to be restored if the person is honorably discharged from probation; firearms rights are specifically restored by a court order or a governor's pardon. Background Checks. The CLEO conducts background checks on applicants for purchases of handguns. Firearms dealers request checks by using a 1-800 number or regular telephone number. A determination is rendered within 5 working days. .Information on the Application. Nevada's Federal Firearm Licensees use the BATF forms when preparing to conduct a firearm transaction. Inquiry Process. For applications which require no research, the background check process normally takes less than 5 minutes. Applications requiring research normally are processed in less than 3 days. Fees Charged. The CLEO charges $15 for the background check. State Data. The CLEO has access to fugitive, criminal history, and domestic violence misdemeanor data from the statewide computer network . These files are fully automated. Currently under development is a protective order registry. Retention of Applications. Approved applications are retained for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are kept indefinitely. Statistics Maintained. Nevada maintains statistics on events which involve a handgun and homicides, drugs, and other specific activities. Current Activity. In 1997 Nevada processed 24,765 applications; 686 were disapproved, a rejection rate of 2.8%. Post-Brady Legislation. New statutes provided for the issuance of concealed firearm permits, made certain permit information confidential, and allowed a person wishing to transfer a firearm to request a check on the transferee from the State records repository. Relevant Laws. Nevada Revised Statutes 202-253 et seq. New Hamsphire A Brady-Alternative State: 1,109,252 population Source of Information. Information was provided by the New Hampshire State Police, which is the CLEO for the entire State. Additional Restrictions on Purchase. The handgun purchase restrictions found in State law are similar to federal restrictions. Limitations on Use. New Hampshire places limitations on carrying concealed handguns and forbids carrying firearms within certain areas and premises. Permits. New Hampshire does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in New Hampshire. Scope of Sales Covered. In addition to Federal Firearm Licensees sales, background checks on handgun purchase applicants are required for sales by pawnshops. Sales between private individuals and pawnshop redemptions are not covered. Restoration of Rights. New Hampshire does not allow a convicted felon's right to own a handgun to be restored. Background Checks. Instant checks on handgun purchase applicants are conducted by the New Hampshire Department of Safety. Dealers can request checks by using a 1-900 number. The maximum period allowed for completing a background check is 1 day. .Information on the Application. New Hampshire's application includes the following information: name, race, sex, date of birth, Social Security and/or driver's license number, date of request, date action taken, and the action taken. Inquiry Process. For applications which require no research, the process takes less than 5 minutes. Applications requiring research normally are processed in less than 4 hours. Fees Charged. The CLEO charges $7 for the background check. State Data. The CLEO has access to fugitive, criminal history, and domestic violence restraining order data from the statewide computer network. Retention of Applications. The CLEO retains the approved applications for 20 days and the rejected applications for 3 years. Statistics Maintained. New Hampshire maintains statistics on stolen or recovered handguns, as well as statistics on events which involve a handgun and homicides, drugs, and other specific activities. Current Activity. In 1997 New Hampshire processed 12,557 applications; 232 were disapproved, a rejection rate of 1.8%. Post-Brady Legislation. A new chapter established a statewide instant check system for handgun purchases. Relevant Laws. New Hampshire Revised Statutes 159:1 et seq. New Jersey A Brady-Alternative State: 7,730,188 population Source of Information. Information was provided by the New Jersey State Police, the CLEO for some unincorporated areas. The other CLEOs are 505 local police departments. Additional Restrictions on Purchase. The State prohibits issuing firearm purchase permits to persons who are habitually intoxicated, physically unable to handle firearms, or attempting to falsify their application. In addition, issuance of a permit must be in the interest of public health, safety, or welfare. Limitations on Use. New Jersey places limitations on carrying handguns and long guns concealed or within certain areas and premises. Permits. The State requires a permit to purchase a handgun, which is valid for 90 days. Long guns can be acquired with a firearms purchaser identification card. A permit is required to carry a handgun. Handgun Registration. Handguns are registered in New Jersey at the time of purchase. Scope of Sales Covered. All sales by Federal Firearm Licensees and from one individual to another are covered by State law. Handguns cannot be pawned. Restoration of Rights. New Jersey allows a convicted felon's right to own a handgun to be restored if the person's criminal record is expunged. Background Checks. CLEOs conduct checks on applicants for a permit to purchase a handgun or a firearms purchaser identification card. If no cause for denial exists, a permit or identification card shall be granted within 30 days (or 45 days for a non-resident application). Handgun transfers require a 7-day minimum waiting period. .Information on the Application. The application contains the following: name, address, date of birth, place of birth, citizenship, Social Security number, sex, height, weight, race, hair color, complexion, eye color, distinguishing physical characteristics, occupation, name and address of employer, and questions relating to criminal and disorderly conduct convictions, firearms permits previously denied, alcohol and drug use, physical defects or sickness, psychiatric conditions or treatment, and court orders related to domestic violence. Also included are the applicant's signature, the date of the application, and two referrals. First-time applicants are required to be fingerprinted. Inquiry Process. For applications which require no research, the background check takes less than 1 month. Applications requiring research normally take less than 6 months. Fees Charged. Fingerprint fees are $49. Document fees are $2 for a permit to purchase a handgun and $5 for a firearms purchaser identification card. State Data. New Jersey makes fugitive, criminal history, domestic violence restraining order/misdemeanor, juvenile, and probation/parole data available to each CLEO. Mental health files are under development and only partial data is available. Retention of Applications. CLEOs retain approved and rejected applications indefinitely. Statistics Maintained. No information is available. Current Activity. In 1997, New Jersey processed 25,386 applications; 214 were disapproved, a rejection rate of 0.8%. Post-Brady Legislation. See Appendix Table 6 for details. Relevant Laws. New Jersey Statutes 2C:39-1 et seq; 2C:58-1 et seq. New Mexico A Brady State: 1,151,069 population Source of Information. Information was provided by the New Mexico Department of Public Safety, which is the CLEO for some unincorporated areas. Other CLEOs are 112 local sheriffs and police departments. Additional Restrictions on Purchase. The State does not place additional restrictions on the purchase of handguns or long guns. Limitations on Use. New Mexico limits carrying concealed handguns and long guns, and forbids carrying or discharging firearms within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns. Handgun Registration. Handguns are not registered in New Mexico. Scope of Sales Covered. Only handgun sales by Federal Firearm Licensees require background checks in the State. Restoration of Rights. New Mexico allows a convicted felon's right to own a handgun to be restored by a governor's pardon or upon the expiration of 10 years after completion of the sentence without additional violations. Background Checks. CLEOs conduct background checks on handgun purchase applicants when requested by firearms dealers. The results of the checks are reported back to the dealers. Information on the Application. New Mexico uses the standard BATF form. Inquiry Process. For applications which require no research, the process normally takes less than 2 days. Applications requiring research normally are processed in less than 5 days. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs, and vary from $0 to $20. State Data. New Mexico makes criminal history, domestic violence misdemeanor, and juvenile data available to each CLEO via the statewide network. These files are manual, and requests to search them are made by teletype from the CLEO to the Department of Public Safety. Retention of Applications. The CLEOs keep the approved applications for a maximum of 20 days, as permitted by the Brady Act. Rejected applications are kept at the discretion of the CLEOs. Statistics Maintained. New Mexico maintains statistics on events which involve a handgun and murder or assault of a police officer. Current Activity. No statewide information is available. Post-Brady Legislation. A new statute made it unlawful for a person under the age of 19 to possess a handgun. An amendment prohibited carrying a deadly weapon on any public school premises. Relevant Laws. New Mexico Statutes 30-7-1 et seq. New York A Brady-Alternative State: 17,990,455 population Source of Information. Information was provided by the New York State Division of Criminal Justice Services, which is not a CLEO. The CLEOs in the State are 58 county judges. Additional Restrictions on Purchase. New York prohibits issuing a handgun license to persons who are not of good moral character or have been convicted of a "serious offense," as defined by State law. Limitations on Use. The State forbids carrying handguns and long guns within certain areas and premises. Carry restrictions can be added to handgun licenses at the discretion of the CLEOs. Permits. New York requires a license to possess and carry a handgun. Handgun Registration. Handguns are registered in New York. Scope of Sales Covered. All sales by Federal Firearm Licensees are covered by State law, as well as pawnshop sales and redemptions. Firearms dealers are further required to posses a State license. Restoration of Rights. New York may authorize a convicted felon's right to own a handgun to be restored. This procedure requires a court order. Background Checks. Applicants for licenses to possess handguns apply in person at local sheriffs and police departments, which conduct background checks on behalf of the county judges. Fingerprints are forwarded to the State and to the FBI for processing. Applications must be acted upon within 6 months unless there is good cause for delay. .Information on the Application. New York's application includes the following information: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security number, fingerprints, business address, previous address, occupation, character references, date of request, date action taken, action taken, reason for rejection plus the type, make, model, and serial number of the weapon. Inquiry Process. No information is available. Fees Charged. License fees vary by issuing authority, but are at least $74, including a fingerprint processing charge. State Data. Local CLEOs have access to criminal history, fugitive, mental health, and domestic violence restraining order/misdemeanor data at the State level. Retention of Applications. Approved and rejected applications are retained indefinitely by the CLEOs. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. The licensing statute was amended to provide that all information will be confidential except an applicant's name and address. Licensing procedures were revised for Nassau, Suffolk, and Westchester counties. An amendment allows a court to suspend or revoke a license, or order seizure of firearms from one subject to or in violation of a protective order. Relevant Laws. New York Penal Law 265.00 et seq; 400.00 et seq; Criminal Procedure Law 530.14. North Carolina A Brady-Alternative State: 6,628,637 population Source of Information. Information was provided by the North Carolina State Bureau of Investigation, which is not a CLEO. The CLEOs in the State are 100 county sheriffs. Additional Restrictions on Purchase. An applicant for a handgun permit must not be habitually intoxicated or lack good moral character. Limitations on Use. North Carolina places restrictions on carrying concealed handguns and forbids carrying or discharging firearms within certain areas and premises. Permits. The State requires a permit to purchase handguns and to carry a concealed handgun. Handgun Registration. Handguns are not registered in North Carolina. Scope of Sales Covered. State handgun permit requirements apply to all sales by Federal Firearm Licensees, pawnshops and individuals. However, redemptions by the person who pawned a handgun are not covered by State law. Restoration of Rights. North Carolina allows a convicted felon's right to own a handgun to be restored automatically 5 years after completion of the sentence without additional violations. Background Checks. The CLEOs conduct background checks on applicants for handgun permits and are allowed 30 days to complete the checks. .Information on the Application. The exact fields on the application are at the discretion of the county sheriff. Most CLEOs require an extensive list of information. Inquiry Process. No information is available. Fees Charged. The State mandates a charge of $5 for processing a permit application. State Data. North Carolina makes fugitive, criminal history, probation/parole, domestic violence restraining order/misdemeanor, and motor vehicle data available to each CLEO via the statewide computer network. These files are fully automated. Retention of Applications. The CLEOs retain approved applications for 5 years and rejected applications indefinitely. Statistics Maintained. North Carolina maintains statistics on events which involve a handgun and homicides, suicides, and violence against a police officer. Current Activity. No statewide information is available. Post-Brady Legislation. Amendments to several statutes incorporated restrictions similar to the Federal prohibitions into State law. An amendment provided a 5-year duration for weapon purchase permits. A new article authorized permits to carry concealed handguns. Relevant Laws. North Carolina General Statutes 14-269; 14-402 et seq. North Dakota A Brady State: 638,000 population Source of Information. Information was provided by the North Dakota Bureau of Criminal Investigation, which is not a CLEO. The CLEOs in the State are 53 local sheriffs. Additional Restrictions on Purchase. The State prevents handguns from being purchased if the applicant was convicted of a "Class A" misdemeanor involving violence or intimidation, committed while using or possessing a firearm or dangerous weapon. Limitations on Use. North Dakota limits carrying concealed handguns and long guns and forbids carrying or discharging firearms within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns. A permit is required to carry concealed firearms. Handgun Registration. Handguns are not registered in North Dakota. Scope of Sales Covered. In addition to sales by Federal Firearms Licensees, a background check is required for sales by individuals and pawnshops. However, pawnshop redemptions are not covered. Restoration of Rights. North Dakota allows a convicted felon's right to own a handgun to be restored 5 or 10 years after completion of the sentence with no additional violations, depending on the type of offense committed. Background Checks. The CLEOs conduct background checks on handgun purchase applicants when requested by a seller. The applications are received in person or by regular or certified mail. The results of the checks are reported to the sellers. .Information on the Application. North Dakota uses the standard BATF form. Inquiry Process. No information is available. Fees Charged. Local CLEOs are allowed to charge up to $10 for the background check. State Data. North Dakota makes fugitive (50% is automated) and criminal history (75% is automated) data available to each CLEO via the statewide computer network. Court restraining order data is also available. Retention of Applications. CLEOs keep the approved applications for a maximum of 20 days, as permitted by the Brady Act. Rejected applications are kept indefinitely. Statistics Maintained. North Dakota maintains statistics on events which involve a handgun and homicides, drugs, and other specific activities. Current Activity. No statewide information is available. Post-Brady Legislation. No significant changes. Relevant Laws. North Dakota Century Code 62.1-0l et seq. Ohio A Brady State: 10,847,115 population Source of Information. Information was provided by the Ohio Bureau of Criminal Identification and Investigation, which is the CLEO for the State. Additional Restrictions on Purchase. Ohio restricts the purchase of handguns by persons who are chronic alcoholics or were adjudicated a delinquent child for an offense that if committed by an adult would be a felony offense of violence or a drug offense. Limitations on Use. The State forbids carrying or discharging handguns and long guns within certain areas and premises. Carrying concealed firearms is prohibited. Permits. Ohio does not require a permit to purchase handguns or long guns. Handgun Registration. Handguns are not registered in Ohio. Scope of Sales Covered. Only sales of handguns by Federal Firearm Licensees require a background check. Restoration of Rights. Ohio allows a convicted felon's right to own a handgun to be restored by a court of common pleas if the person has been law abiding since completion of the sentence. Background Checks. The CLEO conducts background checks on handgun purchase applicants when requested by dealers using a 1-900 number. Only disapprovals are reported to the dealers. If disapproval is not communicated by the CLEO, the dealer can complete the transaction after the 5-day waiting period has expired. Information on the Application. Ohio's application contains the following information: name, previous name and date of birth. The following fields are optional: address, sex, height, weight, Social Security number, State ID or Operators License number, business address, previous address, place of birth, occupation, race, hair color, eye color, and date of request. Inquiry Process. For applications which require no research, the process normally takes less than 15 minutes. Applications requiring research normally are processed in less than 3 days. Fees Charged. Ohio charges $15 for the background check. State Data. The CLEO has access to fugitive, criminal history, domestic violence restraining order/misdemeanor, and probation/parole data from the statewide computer network. These files are fully automated. Retention of Applications. Ohio retains the approved applications for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are retained indefinitely. Statistics Maintained. No statewide information is available. Current Activity. In 1997, Ohio processed 55,074 applications; 473 were disapproved, a rejection rate of 0.9%. Post-Brady Legislation. A new statute prohibited deadly weapon possession in courthouses. An amendment prohibited deadly weapon possession on school premises or in a school building or bus. Relevant Laws. Ohio Revised Code 2923.11 et seq. Oklahoma A Brady State: 3,145,585 population Source of Information. Information was provided by the Oklahoma State Bureau of Investigation, which is not a CLEO. The CLEOs are 440 local sheriffs and police departments. Additional Restrictions on Purchase. The State prohibits the purchase of handguns by persons who are under the influence of alcohol or were adjudicated as a delinquent child within the past 10 years. Limitations on Use. Oklahoma limits carrying concealed handguns and forbids carrying or discharging firearms within certain areas and premises. Permits. Oklahoma does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Oklahoma. Scope of Sales Covered. Only sales of handguns by Federal Firearm Licensees require a background check in the State. Restoration of Rights. Oklahoma allows a convicted felon's right to own a handgun to be restored if the person was convicted of a non-violent offense and receives a complete pardon from the proper authority. Background Checks. Firearms dealers request background checks on handgun purchase applicants from the CLEOs. The results of the background checks are reported to the dealers. .Information on the Application. Oklahoma uses the standard BATF form. Inquiry Process. No information is available. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. Oklahoma makes criminal history data available to each CLEO via the statewide computer network. This file is fully automated. Retention of Applications. The CLEOs keep approved applications for a maximum period of 20 days, as permitted by the Brady Act. Rejected applications are kept at the discretion of the CLEOs. Statistics Maintained. No statewide information is available. Current Activity. No statewide information is available. Post-Brady Legislation. Statutes prohibiting certain persons from receiving firearms were amended to add persons adjudicated delinquent and to clarify the definition of incompetent persons. An amendment allowed restoration of the right to possess a handgun for nonviolent felons who have been pardoned. Amendments to statutes limiting the use of firearms added rifles and shotguns to the list of regulated weapons and prohibited discharging a firearm into any dwelling or any building used for public or business purposes. A new section established procedures for issuing licenses to carry concealed handguns, and an amendment specified premises where concealed carrying is forbidden. Relevant Laws. Oklahoma Statutes 21-1271.1 et seq. Oregon A Brady-Alternative State: 2,842,321 population Source of Information. Information was provided by the Oregon State Police. The CLEO is the Superintendent of State Police. Additional Restrictions on Purchase. The State restricts the purchase of handguns and long guns by persons who, within the past 4 years, have been convicted of a misdemeanor involving violence or were under the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence. Persons on probation are restricted unless an exception is granted by the court. Limitations on Use. Oregon places limitations on carrying concealed firearms and forbids discharging firearms within certain areas and premises. Permits. The State does not require a permit to purchase handguns or long guns, but does require a license to carry a concealed weapon. Handgun Registration. Handguns are not registered in Oregon. Scope of Sales Covered. Only sales of handguns by Federal Firearm Licensees require a background check. Restoration of Rights. A convicted felon's right to own a firearm can be restored by Federal relief, expungement, or the passage of 15 years since completion of a sentence for a felony which did not involve criminal homicide or the use of a weapon, provided that there is only one felony conviction on the person's record. Background Checks. Dealers call a 1-800 number for the Oregon State Police Firearms Unit and provide the required information on purchase applicants. Background queries are processed on the purchaser and the handgun being sold; the dealer is given a transaction number for an approval or informed that the applicant is denied. Information on the Application. Oregon uses the standard BATF form and a thumbprint form generated by the State Police. Inquiry Process. The CLEO is allowed a maximum period of 2 days to complete a check. Fees Charged. Oregon charges $10 for a background check. State Data. The CLEO has access to criminal history, fugitive, stolen gun, domestic violence restraining order, juvenile, and mental health data from the statewide computer network. Retention of Applications. The Oregon State Police Firearms Unit keeps a record of approved and rejected applications on file for 5 years. Statistics Maintained. Oregon maintains statistics on the number of stolen handguns as well as statistics on events which involve a handgun and homicides, assaults, or violence against a police officer. Current Activity. In 1997, Oregon processed 48,597 applications; 1,370 were disapproved, a rejection rate of 2.8%. Post-Brady Legislation. A new statute established a statewide instant check system for handgun purchases. Relevant Laws. Oregon Revised Statutes 166.170 et seq. Pennsylvania A Brady State: 11,881,643 population Source of Information. Information was provided by the Pennsylvania State Police, which is not a CLEO. The CLEOs are 66 county sheriffs and the Philadelphia Police Department. Additional Restrictions on Purchase. The State prohibits sales of firearms to persons who have been convicted of certain State offenses involving violence or multiple impaired driving offenses. Sales to persons who were adjudicated delinquent are prohibited, unless their rights have been restored. Limitations on Use. Pennsylvania places limitations on carrying concealed firearms, and on carrying firearms within a first-class city, in vehicles, on school property, or in a court facility. Permits. The State does not require a permit to purchase handguns or long guns. A permit is required to carry concealed firearms. Handgun Registration. A record of sale is required to be sent to the Pennsylvania State Police on all retail sales of handguns. Scope of Sales Covered. All handgun sales are regulated in Pennsylvania, including individual transfers. Handguns cannot be pawned. Restoration of Rights. The court may restore a convicted felon's right to own a handgun in the event of a governor's pardon, Federal relief, vacation of the conviction, or, for some offenses, the expiration of 10 years after completion of the sentence without additional violations. Background Checks. Dealers request background checks on handgun purchase applicants by sending Brady forms to the CLEOs. A 48-hour minimum waiting period is required by State law. Checks must be completed during the Brady Act's 5-day waiting period. An instant check system will begin on July 1, 1998. Information on the Application. The State's record of sale contains the applicant's name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security number, occupation, and date of request, plus the make, model, serial number, caliber, and barrel length of the firearm. Inquiry Process. Applications are processed during the waiting period. Fees Charged. There is a $3 State-mandated fee on retail gun sales for the creation and operation of an instant check system. The new system will charge dealers a $2 fee for an instant check. State Data. Pennsylvania makes criminal history, fugitive, and probation/parole data available to each CLEO via the statewide computer network. These files are automated and contain more than 50% of the data available at the State level. Retention of Applications. CLEOs keep approved applications for no more than 20 days, as permitted by the Brady Act. Rejected applications are kept at the CLEOs' discretion. Statistics Maintained. The State maintains statistics on events which involve handguns used in homicides, weapons used in assaults, or the murder or assault of a police officer. Current Activity. No information is available. Post-Brady Legislation. Amended statutes described specific classes of persons not to possess, use, manufacture, control, sell or transfer firearms; specified procedures for all firearm transfers, including a provision for establishing an instant check system; and detailed conditions for the restoration of firearm rights. Relevant Laws. PA. Statutes 18-6101 et seq. Rhode Island A Brady State: 1,003,464 population Source of Information. Information was provided by the Rhode Island Department of the Attorney General, which is not a CLEO. The CLEOs are 39 local police departments. Additional Restrictions on Purchase. The State prohibits sales of handguns and long guns to persons who are habitually intoxicated. Handgun purchasers are required to complete a firearm safety course. Limitations on Use. Rhode Island limits carrying concealed handguns, and forbids carrying or discharging firearms within certain areas and premises. Permits. Rhode Island does not require a permit to purchase handguns or long guns. A permit is required to carry a concealed handgun. Handgun Registration. Handguns are not registered in Rhode Island. Scope of Sales Covered. In addition to sales by Federal Firearm Licensees, background checks are required for pawnshop sales / redemptions, and transfers between private individuals. Restoration of Rights. Rhode Island allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks. Firearm sellers request background checks on purchasers of handguns and long guns by sending applications to the CLEOs. The results of the checks are reported to the sellers. Checks must be completed within the 7-day waiting period, which applies to handguns and long guns. Information on the Application. Rhode Island's application includes the purchaser's name, address, date of birth, place of birth, height, weight, hair and eye color, scars, tattoos, and other identifying marks, and questions concerning eligibility. Inquiry Process. Most CLEOs complete the background check within 5 days. Fees Charged. There are no State-mandated fees. Any fees charged are at the discretion of the CLEOs. State Data. Rhode Island makes fugitive, criminal history, probation/parole, domestic violence restraining order/misdemeanor, and mental health data available to each CLEO via the statewide computer network. These files are fully automated. Retention of Applications. CLEOs are required by State law to retain approved applications for 30 days. Rejected applications are retained indefinitely. Statistics Maintained. Total applications and denials for the year are recorded. Current Activity. No information is available. Post-Brady Legislation. Statutes which determine who is ineligible to purchase firearms were amended to prohibit persons subject to electronic monitoring and to revise the definition of prohibited aliens. Relevant Laws. Rhode Island General Laws 11-47-1 et seq. South Carolina A Brady State: 3,486,703 population Source of Information. Information was provided by the South Carolina Law Enforcement Division (SLED), the CLEO for the State. Additional Restrictions on Purchase. The State prohibits handgun sales to persons who are habitually intoxicated, are members of subversive organizations, or have been adjudged by a court as unfit to possess a handgun. Purchases of handguns are limited to one in each 30-day period. Limitations on Use. South Carolina places limitations on carrying concealed handguns and forbids carrying or discharging firearms within certain areas and premises. Permits. A permit is not required to purchase handguns or long guns. Permits are required for concealed handguns. Handgun Registration. Handguns are not registered in the State. Scope of Sales Covered. South Carolina licenses all firearms dealers. Background checks are required for handgun sales by dealers and pawnshops, but not for sales between private individuals. Pawnshop redemptions are not presently covered, but will be checked after November 30, 1998. Restoration of Rights. South Carolina allows a convicted felon's right to own a handgun to be restored if the person receives a pardon or an expungement of the conviction, unless the offense committed was a crime of violence. Background Checks. Handgun sellers call the CLEO for background checks by using a 1-800 number. On November 30, 1998, the CLEO will begin checking long gun purchasers. Information on the Application. South Carolina's application includes the following information: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security, driver's license and telephone numbers, State or military identification number, fingerprints (optional), business address, place of birth, date of request plus the type, make, model, and serial number of the weapon. Inquiry Process. For applications which require no research, the process normally is completed in less than 5 minutes. Applications requiring research can take up to 5 days, but are normally processed in less than 15 minutes. Fees Charged. South Carolina charges $5 for an approved background check. State Data. The CLEO has access to fugitive, criminal history, domestic violence misdemeanor, and juvenile data via the statewide computer network. Information on domestic violence restraining orders became available in May 1997. In addition, the State maintains a "30-day, one handgun purchase" file. These files are fully automated. Retention of Applications. South Carolina keeps approved applications for 20 days and rejected applications indefinitely. Statistics Maintained. The State maintains statistics on handgun accidents which result in death and on events which involve handguns and homicides, gangs and other specific activities. Current Activity. In 1997 South Carolina processed 50,789 applications; 2,650 were disapproved, a rejection rate of 5.2%. Post-Brady Legislation. A new article established procedures f