Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of Washington, D.C. and the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
State level laws vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment to the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment. Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.
Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.
In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law as per the U.S. Supreme Court's ruling in Printz v. United States.
Video Gun laws in the United States by state
Common subjects of state laws
Firearm related matters that are often regulated by state or local laws include the following:
- Some states and localities require that a person obtain a license or permit in order to purchase or possess firearms.
- Some states and localities require that individual firearms be registered with the police or with another law enforcement agency.
- All states allow some form of concealed carry, the carrying of a concealed firearm in public.
- Many states allow some form of open carry, the carrying of an unconcealed firearm in public on one's person or in a vehicle.
- Some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws more restrictive than those of the state.
- Some states and localities place additional restrictions on certain semi-automatic firearms that they have defined as assault weapons, or on magazines that can hold more than a certain number of rounds of ammunition.
- NFA weapons are weapons that are heavily restricted at a federal level by the National Firearms Act of 1934 and the Firearm Owners Protection Act of 1986. These include automatic firearms (such as machine guns), short-barreled shotguns, and short-barreled rifles. Some states and localities place additional restrictions on such weapons.
- Some states have enacted castle doctrine or stand-your-ground laws, which provide a legal basis for individuals to use deadly force in self-defense in certain situations, without a duty to flee or retreat if possible.
- In some states, peaceable journey laws give additional leeway for the possession of firearms by travelers who are passing through to another destination.
- Some states require a background check of the buyer when a firearm is sold by a private party. (Federal law requires background checks for sales by licensed gun dealers, and for any interstate sales.)
Maps Gun laws in the United States by state
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Purchasing a Firearm
Delaware gun laws do not restrict purchasing of firearms, this includes rifles, shotguns, and handguns. You must be at least 18 to be able to purchase rifles and shotguns; 21 for handguns.
Delaware was voted the 5th easiest state to purchase a gun. There are about 5.6 registered gun owners per 1000 people in the state of Delaware, and over 1000 firearms dealers within the state. There are also gun shows that make allow you to buy antique guns, and guns that are not currently being made or are rare.
Firearm definition
Delaware law classifies a "firearm" as any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable, loaded or unloaded. It does not include BB guns.
Handguns
The basic requirements to purchase a handgun are as follows: You must be 21 or older, you must have a state-registered ID, and pass a Federal background check.
Long barrel guns
The basic requirements to purchase a long barrel gun are almost identical to handgun laws. You must be 18 years or older, you must also have a state-registered ID, and pass a Federal background check.
Restrictions and Requirements
Individuals that are barred from possessing firearms are those who have felony convictions. This also extends to misdemeanor violent offenses, along with all convictions that include narcotics and controlled substances. Another restriction that prevents people from obtaining firearms is if you have a mental instability of a mental illness. If you are younger than 16, unless you have supervision of an adult you may not purchase a firearm. The only place where you are allowed to purchase a firearm without background check would be a gun show and you wouldn't need an background check to buy antique guns.
Background Checks
In the state of Delaware a buyer of a firearm is subject to a mandatory background criminal background check. An adult-record check is also required. In 2016 the Delaware General Assembly passed a bill in its legislator that required all gun purchasers have a federal background check, however if the government takes more than 3 days for the check the seller of the firearm is allowed to go forward with the sale. In the state of Delaware you are permitted to buy a shotgun with a background check being sent to the firearm dealer. The average cost of a state background check in Delaware is $52.
Concealed Carry
To be able to carry a concealed weapon you must first have a CDW permit. In order to get this permit you must first post your application published at least once, at least 10 days before filing. You must then obtain and attach and affidavit which shows that the publication was met. After that you must also submit a 5 reference questionnaires completed by citizens of the county in which you reside. Lastly you must have the application notarized. If denied for your application you are allowed to appeal. If accepted you will have 90 days to complete the approved gun course, only then will you allowed to carry a concealed weapon. After your first three years you will need to re apply for your permit. If you are granted another permit this one will now last you five years not three.
Restricted areas
Legal gun owners can bring their firearms almost anywhere in the state of Delaware. Gun owners are legally allowed to openly carry handguns in the state. The only places where firearms are prohibited by law are courthouses, police stations, and a few additional areas. Public parks were prohibited area until the state Supreme Court found their inclusion unconstitutional and prohibited enforcement of a carry ban on state park lands. Additionally if you own a CCW permit for a concealed carry you are also allowed to bring your firearm to almost half of the states. (46%)
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
STATE CONSTITUTIONAL PROVISION - Article 1, Section 21.
"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
US Territories
American Samoa
Guam
Northern Mariana Islands
Puerto Rico
U.S. Virgin Islands
See also
- Note: Please see many links in the box at the top of the page called "Firearm legal topics of the United States of America".
- Index of gun politics articles
- Right to keep and bear arms in the United States
- Second Amendment to the United States Constitution
References
External links
- U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives - State Laws and Published Ordinances - Firearms (32nd Edition)
- National Rifle Association - State Firearms Laws
- Law Center to Prevent Gun Violence - Gun Laws by State
Source of article : Wikipedia
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