Library Index

Regulations Firearm Laws and Ordinances - Federal Licensing

firearms days permit gun

Beginning in 1993—even before the changes that came with the 1994 Violent Crime Control Act—the ATF was tightening the procedures for obtaining a Federal Firearms License (FFL), which allowed a person to buy or sell firearms. Each month until late 1992 the ATF received between 2,500 and 3,000 new applications for FFLs and between 4,500 and 5,000 applications for renewals. Between late 1992 and early 1993, several well-publicized news stories revealed how easy it was to get an FFL. A three-year license cost only $30, and the only check was a short computer criminal history query. As a result of the publicity, the number of FFL applications rose dramatically, peaking in March 1993 with new applications totaling 7,001 and renewals reaching 8,753.

Because of the rising number of applications, the ATF began to contact every applicant for a license to stop criminals

TABLE 3.4

Time taken to identify NICS (National Instant Criminal Background Check System) approvals that should have been denied, 2001–02
Time to deny transaction Transactions Cumulative transactions
Number Percent Number Percent
Note: Percentages do not add to 100 due to rounding.
*Currently, NICS records of allowed firearms transfers are subject to a 90-day retention period. However, in order to maintain 10 full days of backup data without violating the 90-day retention period, NICS purges all "proceed" data from the on-line system after 80 days.
SOURCE: "Table 1. Number of Calendar Days Taken to Identify NICS Proceed Transactions That Should Have Been Denied (July 3, 2001 through Jan. 2, 2002)," in Gun Control: Potential Effects of Next-Day Destruction of NICS Background Check Records, U.S. General Accounting Office, July 2002, http://www.gao.gov/new.items/d02653.pdf (accessed October 8, 2004)
Less than 1 day 7 3% 7 3%
1 to 10 days 46 20 53 23
11 to 20 days 37 16 90 38
21 to 30 days 26 11 116 49
31 to 40 days 26 11 142 60
41 to 50 days 33 14 175 74
51 to 60 days 17 7 192 82
61 to 70 days 25 11 217 92
71 to 80 days* 18 8 235 100
Total 235 101% — —

from obtaining licenses. The Brady Law raised the fee to $200 for a three-year license and $90 for a three-year renewal. In March 1994 the ATF sent out new application forms requiring each applicant to submit fingerprint cards and a photograph. These new regulations, as well as the requirement to check that the person applying for an FFL complied with state and local laws, had been approved as part of the Violent Crime Control Act.

The crime law also required each licensee to report the theft or loss of a firearm within forty-eight hours. The Clinton administration worked with the firearms trade associations to get support for these reforms. The Collector and Arms Dealers Association and the National Alliance of Stocking Gun Dealers supported the measure to ensure that only individuals who were really firearms merchants and who intended to actively sell firearms were licensed.

The report Federal Firearms Licensees (Washington, D.C.: General Accounting Office, March 1996) showed that, because of the revisions to the law, the number of licensed firearms dealers and the number of license applications dropped sharply. That decline is reflected in the diminishing numbers of federal firearms licenses issued in April 1993 (283,193) compared with December 1996 (124,286). However, as illustrated in Figure 3.7, that decline appeared to level off beginning in 1997, as the overall numbers of federal firearms licensees stabilized from fiscal years 1997 through 2001. The Violence Policy Center reported that on a national scale, the number of FFLs dropped 74% from 1994 to 2002. Hawaii experienced the greatest drop in percent of dealers (86%), while California was the state with the largest decrease in actual numbers of

TABLE 3.5

Statutory and constitutional provisions relating to the purchase, ownership, and use of firearms, by state, as of July 1, 2001
Purchase and ownership
NICS instant background checka Exemtion to NICS State waiting period (in days) License or permit to purchase Registration Record of sale sent to police License or identification card Certain firearms prohibited State firearms preemtion lawb Constitutional provision Carring Hunter protection lawc Range protection lawd Firearms industry lawsuit preemtione
State Hand gun Long gun Hand gun Long gun Hand gun Long gun Concealed carry law Carring openly prohibited
Alabama Yf Yg Yh Y Yi Yj Y Y
Alaska Yf (k) Y Yi Y Y Y
Arizona Yl (k) Y Y Yi Y Y
Arkansas Yf (m) Y Y Yi Yn Y Y Y
California Yl 10 10 Yg Yo Y Yp Yq Y
Colorado Yl Y Yp Y Y Y
Connecticut Yl (m) 14r,s 14r,s Yt Yg Yo Yu Y Yi Y Y Y
Delaware Yf (m) Y Y Yp Y
Florida Yl (m) 3r,s Y Y Yi Y Y Y
Georgia Yl (k) Yv Y Yi Y Y Y Y
Hawaii (w) (w) Yt Yt Yx Yx Yg Yo Y Yp Y Y
Idaho Yf (k) Y Y Yi Y Y Y
Illinois Yl 3 1 Yt Yt (y) (y) Yg Y Yo Y Yz Y Y Y
Indiana Yw (k) Yg Yaa Y Yi Y Y Y
Iowa Yw (k,w) Yt Yg Y Yp Y Y
Kansas Yf (ab) (ab) (ab) Y Yz (ab) Y
Kentucky Yf (m) Y Y Yi Y Y Y
Louisiana Yf (m) Y Y Yi Y Y Y
Maine Yf Y Y Yi Y Y Y
Maryland Yw (m) 7 7ac (t) Yg Yo Y Yp Y Y
Massachusetts Yf (m) 7 Yt Yt Yg Y Yu Y Yp Y Y Y
Michigan Yw (w) Yt Y Yg Y Y Yi Yj Y Y Y
Minnesota Yf (m) 7r (r) Yt Yt Yg Yo Y Yp Y
Mississippi Yf (k) Y Y Yi Y Y
Missouri Yf (m) 7 Yt Yg Y Y Yz Y Y Y
Montana Yf (k) Y Y Yi Y Y Y
Nebraska Yw (w) Y Y Yz Y
Nevada Yl (k) (ab) (ab) Y Y Yi Y Y Y
New Hampshire Yw Yg Y Yi Y Y
New Jersey Yl Yt Yt Yg Y Yo Yu Yp Y Y
New Mexico Yf Y Y Yi Y
New York Yf (w) Yt Y (ad) Yg Y (o) Yu Yp,r Y Y
North Carolina Yw (k,w) Yt Yg Yv Y Yi Y Y
North Dakota Yf (m) Yg Y Y Yi Yp Y Y
Ohio Yf (ab) (t) (ab) (ab) (u) (o) Y Yz (ab) Y Y
Oklahoma Yf (m) Y Y Yi Yp Y Y Y
Oregon Yw (m) Yg Y Y Yi Y Y
Pennsylvania Yl (m) Yg Y Y Yi,ae Yj Y Y Y
Rhode Island Yf 7 7 Yg Y Y Yp Y Y Y
South Carolina Yf (k) (s) (t) Yg Yo Y Y Yi Y Y Y Y
South Dakota Yf (m) 2 Yg Y Y Yi Y Y Y
Tennessee Yl Yg Y Y Yi Yn Y Y Y
Texas Yf (k) Y Y Yi Y Y Y
Utah Yl (k) Y Y Yi Yp Y Y Y
Vermont Yi Y Y Yi,af Yn Y Y
Virginia Yl (s,ab) (t) (ab) Yo Y Y Yi (ab) Y Y Y
Washington Yw (m) 5ag Yg Y Y Yi Y
West Virginia Yf Y Y Yi Y Y
Note: These data were compiled by the National Rifle Association of America, Institute for Legislative Action. In addition to state laws, the purchase, sale, and in certain circumstances, the possession and interstate transportation of firearms are regulated by the Federal Gun Control Act of 1968 as amended by the Firearms Owners' Protection Act and other federal laws. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. A "Y" in the table indicates the existence of a state law or constitutional provision. However, many qualifications may apply. The source notes that state firearms laws are subject to frequent change. State and local statutes and ordinances, as well as local law enforcement authorities, should be consulted for full text and meaning of statutory provisions.
A long gun is a rifle or shotgun. The source defines "constitutional provision" by citing Article 1, Section 15 of the Connecticut State Constitution as an example of the basic feature contained in the constitutions of many states. It reads: "Every citizen has a right to bear arms in defense of himself and the state."
aThe National Instant Check System (NICS), conducting records checks on retail firearm purchasers, took effect November 1994 (sic), replacing the Brady Act requirement that retail handgun sales be delayed until law enforcement authorities completed a check, or 5 business days passed, whichever came first.
bA state firearms preemption law prohibits local statutes more restrictive than the state's law regulating firearms.
cHunter protection laws prohibit interference with lawful hunting activities.
dRange protection laws protect firearm ranges from nuisance and noise control actions intended to prevent a range's operation.
eProhibits local jurisdictions from suing entities of the firearm industry.
fChecks are conducted by the FBI for retail firearm sales.
gOn some or all firearm sales.
hApplies to handgun ordinances only.
i"Shall issue" permit system, liberally administered discretion by local authorities over permit issuance, or no permit required.
jCarrying a handgun in a motor vehicle requires a license, with exceptions.
kFirearm-carrying permit holders are exempt. In Indiana, holders of personal protection or hunting and target shooting permits are exempt. Those not exempt: in Mississippi, permits issued to security guards; in Texas, peace officer licenses issued after NICS start date.
lChecks are conducted by the state for retail firearm sales.
mHolders of firearm-carrying permits issued before Nov. 30, 1998, are exempt.
nArkansas prohibits carrying a firearm with a purpose to employ it against a person. Tennessee prohibits carrying "with the intent to go armed." Vermont prohibits carrying with "the intent or purpose of injuring another."
oCalifornia, Connecticut, New Jersey, New York, New York City, other local jurisdictions in New York, and some local jurisdictions in Ohio restrict "assault weapons." Hawaii restricts "assault pistols." Illinois prohibits federal firearms licensees from manufacturing or selling a handgun certain parts of which are made of certain metals and melt or deform below 800 degrees Fahrenheit; Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms. Maryland prohibits several small, low-caliber, inexpensive handguns and "assault pistols." Minnesota prohibits licensed firearm dealers from selling a handgun any part of which melts below 1,000 degrees Fahrenheit or has an ultimate tensile strength less than 55,000 p.s.i. Ohio: Some cities prohibit handguns of certain magazine capacities. South Carolina prohibits licensed firearms dealers from possessing or selling a handgun the frame of which is of a certain construction and melts below 800 degrees Fahrenheit. Virginia prohibits "street sweeper" shotguns. The District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity. (With respect to some of these laws and ordinances, individuals may retain prohibited firearms owned previously, with certain restrictions.)
pRestrictively administered discretion by local authorities over permit issuance, or permits are unavailable and carrying is prohibited in most circumstances.
qLoaded
rThe state waiting period does not apply to a person holding a valid permit or license to carry a firearm. In Connecticut, a hunting license also exempts the holder for long gun purchases. In Indiana, only persons with unlimited carry permits are exempt.
sPurchases from licensed dealers only.
tA permit to purchase or a carry permit is required.
uPreemption through judicial ruling. Local regulation may be instituted in Massachusetts if ratified by the legislature.
vPreviously by judicial ruling, adopted by law.
wIndiana, New Hampshire, Oregon, Washington, Wisconsin: state check for handguns, FBI check for long guns. Iowa, Michigan, Nebraska, North Carolina: permit suffices for handguns, FBI check for long guns. Maryland: state check for handguns and assault weapons, FBI check for other long guns. Hawaii: permit suffices for all firearms transactions.
xEvery person arriving in Hawaii is required to register any firearm(s) brought into the state within 3 days of arrival of the person or firearm(s), whichever occurs later. Handguns purchased from licensed dealers must be registered within 5 days.
yIn Chicago and the District of Columbia, no handgun not previously registered may be lawfully possessed.
zNo permit system exists and concealed carry is prohibited.
aaExcept for ordinances in Gary, East Chicago, and those enacted before January 1994.
abLocal ordinance in certain cities or counties.
acMaryland subjects purchases of "assault weapons" to a 7-day waiting period.
adNew Yord City Only
aePrior to 1995, the law did not apply to Philadelphia.
afNo permit is required to carry for lawful purposes.
agExtended to 60 days if purchaser does not have a Washington driver's license.
ahThe District of Columbia is subject to the U.S. Constitution's Second Amendment.
SOURCE: "Statutory and Constitutional Provisions Relating to the Purchase, Ownership, and Use of Firearms," in Sourcebook of Criminal Justice Statistics, 2000, Bureau of Justice Statistics, 2000
Wisconsin Yw 2 Yg Y Y Yz Y Y
Wyoming Yf (k) Y Y Yi Y Y Y
Dictrict of columbia Yf (m) Yt Yt Yy Y Yh Y Yo (ah) Yp Y

dealers, going from 20,148 in 1994 to 3,243 in 2002 ("No Deal: The Drop in Federally Licensed Firearms Dealers in America, 1994–2002," http://www.vpc.org/studies/dealdeal.htm [accessed January 25, 2005]).

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