Concealed Weapons Permitting in Alabama

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Alabama does not prohibit a person from carrying a concealed firearm in public if the person has a concealed handgun license. Generally, no person may carry a handgun concealed on or about his or her person, except on his or her land, in his or her abode or fixed place of business, without a concealed handgun license.1 However, a defendant being tried for carrying a concealed firearm in public without a license may give evidence that at the time of carrying the concealed weapon, he has good reason to apprehend an attack, which the jury may consider in mitigation of the punishment or in justification of the offense.2

Alabama is a “shall issue” state, meaning that a sheriff of a county must issue a concealed handgun license to an applicant who meets statutory criteria and is not prohibited from possessing a handgun or firearm pursuant to state or federal law.3

Alabama allows a sheriff limited discretion to deny a license if the sheriff has a “reasonable suspicion” that the person may use a firearm to endanger his or herself or others.4 In making such a determination, the sheriff may, but is not required to, consider whether the applicant:

  • Was found guilty but mentally ill in a criminal case.
  • Was found not guilty in a criminal case by reason of insanity or mental disease or defect.
  • Was declared incompetent to stand trial in a criminal case.
  • Asserted a defense in a criminal case of not guilty by reason of insanity or mental disease or defect.
  • Was found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice.
  • Required involuntary inpatient treatment in a psychiatric hospital or similar treatment facility.
  • Required involuntary outpatient treatment in a psychiatric hospital or similar treatment facility based on a finding that the person is an imminent danger to himself or herself or to others.
  • Required involuntary commitment to a psychiatric hospital or similar treatment facility for any reason, including drug use.
  • Is or was the subject of a prosecution or of a commitment or incompetency proceeding that could lead to a prohibition on the receipt or possession of a firearm under the laws of Alabama or the United States.
  • Falsified any portion of the permit application.
  • Caused justifiable concern for public safety.

The sheriff may also take into consideration how recently any of the events occurred. If the sheriff chooses to deny the permit, he or she must provide a written statement to the applicant.5 The applicant may appeal the denial to the district court of the county where the denial was issued.6

Firearm Safety Training

Alabama does not require the applicant to complete a firearm safety course or otherwise demonstrate knowledge of firearm safety prior to issuance of a license.7

Duration & Renewal

An applicant may request an Alabama license to carry a concealed handgun for a period of one to five years.8  The sheriff may also revoke a license for any reason that would have led to the denial of the permit application.9

Disclosure or Use of Information

Alabama prohibits the disclosure of the name, address, signature, photograph, and any other personally identifying information collected from an applicant for a concealed handgun license or of any concealed handgun licensee. Such information may only be used for law enforcement purposes except when a current licensee is charged in any state with a felony involving the use of a pistol. The sheriff of a county must redact the name, address, signature, and photograph of an applicant or licensee before releasing a copy of a license for a non-law enforcement purpose. Other information, including the annual number of applicants, number of licenses issued, number of licenses denied, revenue from issuance of licenses, and any other fiscal or statistical data remains public.10

Reciprocity

Alabama generally recognizes reciprocal concealed weapons permits from other states. A license holder from another state must carry a handgun in compliance with the laws of Alabama.11 For a list of states with which Alabama has entered into full or partial reciprocal agreements, see the Alabama Reciprocal Gun Law page of the Alabama Attorney General’s web site.

 

Notes
  1. Ala. Code §§ 13A-11-73 and 13A-11-74. This prohibition does not apply, however, to any person permitted by law to possess a handgun while carrying it unloaded in a secure wrapper, from the place of purchase to his or her home or place of business, or to or from a place of repair or in moving from one place of abode or business to another. Ala. Code § 13A-11-74. ⤴︎
  2. Ala. Code § 13A-11-51. ⤴︎
  3. Ala. Code § 13A-11-75(a)(1)(a). ⤴︎
  4. Id. ⤴︎
  5. Ala. Code § 13A-11-75(a)(1)b). ⤴︎
  6. Ala. Code § 13A-11-75(a)(3). ⤴︎
  7. Id. ⤴︎
  8. Ala. Code § 13A-11-75(a). ⤴︎
  9. Ala. Code § 13A-11-75(a)(2). ⤴︎
  10. Ala. Code § 13A-11-75(e). ⤴︎
  11. Ala. Code § 13A-11-85. ⤴︎

Concealed Weapons Permitting in Alaska

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Alaska does not require a permit to carry a concealed firearm. On June 11, 2003, the Governor of Alaska signed legislation amending Alaska law to allow anyone age 21 or older who may legally possess a firearm to carry a concealed firearm without having to obtain a permit.

Alaska still retained its permitting system for those who want reciprocity with other states, or those who seek to be exempt from background checks when purchasing additional firearms. For those seeking a permit, Alaska is considered a “shall issue” state, meaning that the Alaska Department of Public Safety (“Department”) must issue a permit to carry a concealed handgun if the applicant meets certain qualifications.1 The basic qualifications to obtain a permit require that an applicant:

  • Be at least 21 years of age;
  • Be eligible to own or possess a handgun under state and federal law;
  • Have been a resident of Alaska for the preceding 90 days;
  • Not have been convicted of two or more class A misdemeanors (or similar laws in another jurisdiction) within the preceding six years;
  • Not currently be in, nor in the preceding three years been ordered by a court to complete, an alcohol or substance abuse treatment program; and
  • Has successfully completed a handgun training course.2

A municipality may not restrict the carrying of a concealed handgun by permit issued in accordance with Alaska law.3

Firearm Safety Training

Alaska law requires each applicant for a permit to carry a concealed handgun to demonstrate competence with a handgun through successful completion of a course and receipt of a certificate.4

Duration & Renewal

Under Alaska’s concealed handgun permitting process, a permit expires “on the person’s birthday in the fifth year following issuance of the permit.” The department may adjust the length of an initial permit so that a permit is not issued for a period of more than five years.5

Disclosure or Use of Information

Alaska does not allow the application, permit or renewal information of concealed handgun permit holders to be made public.6 Such records may only be used for law enforcement purposes.7

Reciprocity

A person holding a valid permit to carry a concealed handgun from another state or a political subdivision of another state is considered a permittee under Alaska law.8 The Alaska Department of Public Safety is required to enter into reciprocity agreements with other states that have the legal authority to enter into such agreements so permittees may carry concealed handguns in those other states.9

For a list of states that recognize valid Alaska concealed handgun permits, see the Alaska Department of Public Safety’s concealed handgun reciprocity page.

 

Notes
  1. Alaska Stat. § 18.65.700(a). ⤴︎
  2. Alaska Stat. § 18.65.705. ⤴︎
  3. Alaska Stat. § 18.65.778. ⤴︎
  4. Alaska Stat. § 18.65.705 (referencing section 18.65.715). For additional application and background check requirements for a permit, as well as permit suspension and disqualification information, see Alaska Stat. §§ 18.65.700(a)(1)–(4), (6)–(9), 118.65.710, 18.65.720, 18.65.735 and 18.65.740. ⤴︎
  5. Alaska Stat. § 18.65.700(d). Permittees are required to apply for renewal within 90 days of the permit’s expiration date. Alaska Stat. § 18.65.725(a). ⤴︎
  6. Alaska Stat. § 18.65.770. ⤴︎
  7. Id. ⤴︎
  8. Alaska Stat. § 18.65.748. ⤴︎
  9. Alaska Stat. § 18.65.775(b). ⤴︎

Concealed Weapons Permitting in Arizona

See our Concealed Weapons Permitting Policy Summary for a comprehensive discussion of this issue.

On April 16, 2010, Arizona’s governor signed into law a bill that allows any individual aged 21 or over to carry a firearm concealed on his or her person in public without a license or permit.1 (Prior Arizona law required concealed weapon holders to apply for a permit, pass a background check, and obtain firearms safety training.) The only requirement is that the person must accurately answer if a peace officer, who is detaining the person based on reasonable suspicion of an offense, asks whether he or she is carrying a concealed weapon.2

Nevertheless, as described below, Arizona’s permitting system remains in place.  Holders of Arizona concealed weapons permits are allowed to carry concealed weapons in some other states, and an Arizona concealed weapons permit exempts the holder from the federal requirement of a background check prior to purchase of a firearm.

For those who seek concealed weapons permits for these purposes, Arizona is a “shall issue” state. The Arizona Department of Public Safety (“DPS”) must issue a permit to carry a concealed weapon if the applicant:

  • Is an Arizona resident or United States citizen;
  • Is age 21 or older;
  • Is not under indictment for and has not been convicted in any jurisdiction of a felony;
  • Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution;
  • Is not unlawfully present in the United States; and
  • Satisfactorily demonstrates competence with a firearm, as described below.3

DPS must revoke or suspend a permit if the holder has become ineligible.4

Firearm Safety Training

Arizona’s 2010 law regarding the carrying of concealed weapons eliminated the specific requirements for the content of firearms safety training courses. (Prior Arizona law required the course to address, among other things, legal issues relating to the use of deadly force, and the safe handling and storage of weapons.) A 2011 law further reduced oversight of firearm training programs by the state and allows applicants for concealed weapon permits to obtain instruction from NRA-certified instructors that have not been approved by the Department of Public Safety. An applicant for a concealed weapons permit may now demonstrate competence with a firearm through any one of the following:

  • Completion of any firearms training course approved by the Department of Public Safety;
  • Completion of any hunter education or hunter safety course approved by the Arizona Game and Fish Department or a similar agency of another state;
  • Completion of any National Rifle Association firearms safety or training course;
  • Completion of any firearms training course conducted by a Department of Public Safety-approved or National Rifle Association-certified instructor;
  • Evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States Armed Forces;
  • A valid current or expired concealed weapon, firearm or handgun permit or license issued by another state or a political subdivision of another state that has a training or testing requirement
    for initial issuance; or
  • Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.5

Duration & Renewal

A concealed weapons permit is valid for five years.6 Permits are renewable for five-year periods, but applicants must undergo a new criminal history record check.7

Disclosure or Use of Information

Arizona does not allow the personal application or permit information of concealed weapons permit holders to be made public.8 DPS does, however, maintain a computerized permit record system that is accessible to criminal justice agencies who may use it to determine the permit status of a person who claims to hold a valid permit in Arizona only if the agency or other entity has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or investigatory stop. This information and any other records that are maintained regarding applicants, permit holders, or firearms safety instructors are not available to any other person or entity except by order from a state or federal court.9

DPS is also required to maintain information comparing the number of permits requested, issued, and denied, and must report these figures annually to the governor and the legislature.10

Reciprocity

Arizona recognizes concealed weapon, firearm, or handgun permits or licenses issued by other states if the permit or license is recognized as valid in the issuing state, and the permit or license holder:

  • Is legally present in Arizona; and
  • Is not legally prohibited from possessing a firearm in Arizona.11

However, even when these requirements are met, the person with a concealed weapons permit from another state may not carry a concealed weapon in Arizona if the person is under 21 years of age, or is under indictment for, or has been convicted of, a felony in any jurisdiction, unless the conviction has been expunged, set aside or vacated, or the person’s rights have been restored.12

Arizona law requires the Department of Public Safety to enter into a written reciprocity agreement with another state only if that state requires the agreement for establishing mutual permit or license recognition.13

Notes
  1. Ariz. Rev. Stat. § 13-3102(A). ⤴︎
  2. Ariz. Rev. Stat. § 13-3102(A)(1)(b), (M). ⤴︎
  3. Ariz. Rev. Stat. § 13-3112. See Ariz. Rev. Stat. § 13-3112 and Arizona Administrative Code §§ 13-9-101—13-9-402 for additional application and background check requirements, as well as permit suspension or disqualification information. ⤴︎
  4. Ariz. Rev. Stat. § 13-3112(M). ⤴︎
  5. Ariz. Rev. Stat. § 13-3112(E)(6), (N). ⤴︎
  6. Ariz. Rev. Stat. § 13-3112(I). ⤴︎
  7. Ariz. Rev. Stat. § 13-3112(K). ⤴︎
  8. Ariz. Rev. Stat. § 13-3112(J). ⤴︎
  9. Id. ⤴︎
  10. Ariz. Rev. Stat. § 13-3112(O). ⤴︎
  11. Ariz. Rev. Stat. § 13-3112(Q). ⤴︎
  12. Ariz. Rev. Stat. § 13-3112(S). ⤴︎
  13. Ariz. Rev. Stat. § 13-3112(R). ⤴︎

Concealed Weapons Permitting in Arkansas

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Arkansas prohibits carrying a weapon on or about the person or in a vehicle for use with a purpose to attempt to unlawfully employ the weapon against a person.1 It is permissible to carry a handgun without a license, however, if a person is over eighteen and is on “a journey beyond the county in which the person lives.”2

Arkansas is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. The Director of the Department of Arkansas State Police (“the Director” and “State Police”) must issue a license to carry a concealed handgun if the applicant:

  • Is a citizen of the United States or a legal permanent resident;
  • Has been a resident of Arkansas continuously for the past 90 days or longer;
  • Is 21 years of age or older;
  • Does not suffer from a mental or physical infirmity which prevents the safe handling of a handgun and has not threatened or attempted suicide;
  • Has not been convicted of a felony, without having been pardoned and had firearms possession rights restored, or having had the record sealed or expunged for a sentence prior to March 13, 1995;
  • Is not subject to any federal, state or local law which makes it unlawful to receive, possess or transport any firearm, and has had his or her background check successfully completed through the Department of Arkansas State Police and the FBI’s National Instant Criminal Background Check System;
  • Does not chronically or habitually abuse controlled substances to the extent that his or her normal faculties are impaired (i.e., the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the of the Uniform Controlled Substances Act, § 5-64-101 et seq., or similar laws, within the last three years);
  • Does not chronically or habitually use alcoholic beverages to the extent that his or her normal faculties are impaired (i.e., the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two or more offenses related to the use of alcohol within the last three years);
  • Desires a legal means to carry a concealed handgun to defend himself or herself;
  • Has not been adjudicated mentally incompetent;
  • Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility;
  • Is not a fugitive from justice or does not have an active warrant for his or her arrest;
  • Has satisfactorily completed a training course as prescribed and approved by the Director; and
  • Signs a statement of allegiance to the United States and Arkansas Constitutions.3

The Director may deny a license to carry a concealed handgun if, within the preceding five years, the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor, or for the offense of carrying a weapon.4 The Director may also deny a license if the sheriff or chief of police of the applicant’s place of residence submits an affidavit that the applicant has been, or is reasonably likely to be:

[A] danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun.5

The Director has 120 days to review the completed application, and in that period must issue the license or deny the application based solely on the ground that the applicant fails to qualify under the specified criteria.6

When the State Police receives notification from any law enforcement agency or court that a licensee has been found guilty of, or has pled guilty or no contest to, any crime involving the use of a weapon, the license shall be immediately revoked.7 In addition, the Director must revoke the license of any licensee who has pleaded guilty or no contest to, or been found guilty of, an alcohol-related offense committed while carrying a handgun.8

The Director may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three years.9

Firearm Safety Training

Arkansas requires concealed carry permit applicants to complete a training course prescribed and approved by the State Police.10 Training can be obtained from any person who is registered with the State Police as a Firearms Safety Instructor.11 Arkansas does not mandate how many hours of training applicants must obtain. Rather, instructors are required to evaluate an applicant’s competence via a live firing demonstration. Instructors may only certify that an applicant’s training is complete if he or she demonstrates “a basic level of knowledge, understanding, and practical operation for safe handling of a handgun.”12 In addition, the State Police publishes a manual that contains the minimum information to be covered in a training class. The manual is available at the State Police website.

Duration & Renewal

Licenses to carry concealed handguns issued or renewed after July 31, 2007, are valid for five years from the date of issuance.13 (A license to carry a concealed handgun issued before that time was valid for only four years.) Those seeking to renew their license must pay a $35 renewal fee plus costs for processing a new background check, complete a training course and provide a digital photograph.14

Disclosure or Use of Information

The State Police must maintain an automated listing of license holders available on-line, upon request, at all times, to all law enforcement agencies through the Arkansas Crime Information Center.15

Medical, criminal, or other records collected pursuant to the licensing process must be kept confidential.16

The following records are exempt from public disclosure:

Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under section 5-73-301 et seq., including without limitation all records provided to or obtained by any local, state, or federal governments, their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee.17

There are exceptions for:

  • Information released to a law enforcement agency for the purpose of assisting in a criminal investigation or prosecution, or for determining validity of or eligibility for a license;
  • The names of an applicant, licensee, or past licensee if contained in investigative or arrest reports of law enforcement that are subject to release as public records.18

Reciprocity

Arkansas recognizes all out-of-state licenses to carry a concealed handgun regardless of whether the state that issued the license recognizes concealed handgun licenses issued by Arkansas.19  A person who has a valid concealed weapons permit from another state who becomes a resident of Arkansas may use an abbreviated procedure to transfer that license to Arkansas.20

Notes
  1. Ark. Code Ann. § 5-73-120. Note that a 2015 Arkansas attorney general opinion concluded that section 5-73-120 does not permit concealed carry without a permit. Ark. Att’y Gen. Op. No. 2015-064 (Aug. 28, 2015). ⤴︎
  2. Ark. Code Ann. § 5-73-119(e). See Ark. Att’y Gen. Op. No. 2015-064 (Aug. 28, 2015)(interpreting the journey exception to apply when a person is in the process of traveling by vehicle outside his or her county and only while the handgun remains in a vehicle. ⤴︎
  3. Ark. Code Ann. § 5-73-309(1). For detailed provisions concerning the application and background check processes, including information required on the application form, see §§ 5-73-310 and 5-73-311. ⤴︎
  4. Ark. Code Ann. § 5-73-308(a). ⤴︎
  5. Ark. Code Ann. § 5-73-308(b). ⤴︎
  6. Id. ⤴︎
  7. Ark. Code Ann. § 5-73-312(b). ⤴︎
  8. Ark. Code Ann. § 5-73-312(c). ⤴︎
  9. Ark. Code Ann. § 5-73-308(a)(1). ⤴︎
  10. Ark. Code Ann. § 5-73-309(1). ⤴︎
  11. 130 00 Code of Arkansas Rules and Regulations 001, et. seq. ⤴︎
  12. Id. ⤴︎
  13. Ark. Code Ann. § 5-73-302. ⤴︎
  14. Ark. Code Ann. §§ 5-73-313(b), (d), (e). ⤴︎
  15. Ark. Code Ann. § 5-73-307(a). ⤴︎
  16. Ark. Code Ann. § 5-73-311(a)(4)(C). ⤴︎
  17. Ark. Code Ann. § 25-19-105(b)(19). ⤴︎
  18. Id. ⤴︎
  19. Ark. Code Ann. § 5-73-321. ⤴︎
  20. Ark. Code Ann. § 5-73-319. ⤴︎

Concealed Weapons Permitting in California

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

California prohibits a person from carrying a loaded, concealed firearm in public unless the person has been issued a concealed weapons license.1 Even without a license, a person may carry a loaded, concealed firearm in public if the person reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court, and the court that issued the restraining order found that the defendant poses a threat to the gun owner’s life or safety.2 Restrictions on the carrying of concealed firearms in public do not apply to peace officers, whether active or honorably retired.3

California is a “may-issue” state, meaning that local law enforcement has discretion when issuing carrying concealed weapons (“CCW”) licenses. A license may be issued only after findings that: 1) the applicant is of good moral character and, after a background check, is found to be not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm; 2) good cause exists for the issuance of a license; 3) the applicant has completed a firearms safety course (see below); and 4) the applicant meets the appropriate residency requirement.4 The initial fee for a concealed weapons license is $44.5 The licensing authority of any city, city and county, or county may charge an additional fee, equal to the actual costs for processing the application, including any required notices, and excluding fingerprint and training costs, not to exceed $100.6

In 2011, California enacted a law requiring the local licensing authority to provide written notice to an applicant upon making a determination of good cause. If good cause is found, the notice must inform the applicant to proceed with the safety training requirements (see below for details), and, if the licensing authority determines that good cause does not exist, the notice must state the reasons why that determination was made.7

The licensing authority must also give written notice to the applicant indicating if the application is approved or denied. This notice must be given within 90 days of the initial application for a new license or a license renewal, or 30 days after receipt of the applicant’s criminal background check from DOJ, whichever is later. If the license is denied, the notice must state which requirement was not satisfied.8

A CCW license may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which the person may carry a firearm. Any such restrictions must be indicated on the license itself.9 However, no licensing authority may require an applicant to obtain liability insurance or pay any additional fees not otherwise authorized by law as a condition of the application for a license.10 The license must specify the particular firearm the person is authorized to carry, giving the name of the manufacturer, the serial number, and the caliber, as well as the licensee’s name, occupation, residence and business address, age, height, weight, color of eyes and hair, and the reason for desiring a license to carry the weapon.11

A California CCW license may be granted to residents of a city by the local police department, or to residents of a county, or a city within the county, by the county sheriff.12 A local police department and the sheriff of the county in which the city is located may also enter into an agreement to delegate review of all CCW applications within the city to one of the two law enforcement agencies.13 Any person who spends “a substantial period of time” in his or her principal place of employment or business in the county also may apply to that county sheriff for a concealed weapons license.14 A CCW license generally lasts two years and is valid throughout the state, however, a license issued based on the applicant’s place of employment or business may be valid no longer than 90 days and only in the county where it was issued.15

The city or county that has issued a CCW license must revoke the license if, at any time, either the city or county is notified by the California Department of Justice (“DOJ”) or otherwise determines that a licensee is prohibited from possessing firearms.16 If DOJ determines that a licensee is prohibited from possessing firearms, DOJ must immediately notify the city or county of the determination.17 The licensee must be immediately notified of the revocation in writing.18

CCW Safety Training

For new license applicants, the course of training may be any course acceptable to the licensing authority, must not exceed 16 hours, and must include instruction on at least firearm safety and the law regarding the permissible use of a firearm. Alternatively, the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception.19

CCW Duration and Renewal

Subject to certain limited exceptions, a California CCW license is valid for up to two years from the date of issuance or renewal.20 License renewal applicants must fulfill all the same requirements for the original issuance of the license.21 However, license renewal applicants may fulfill the course requirements through any course of training approved by the city or county that is at least four hours long and that provides instruction on at least firearm safety and the law regarding the permissible use of a firearm.22 The city or county issuing the license may require additional psychological testing of a renewal applicant only if there is compelling evidence to indicate that a test is necessary.23 The city or county may not require the applicant to provide additional information other than that necessary to complete the original application or to clarify information provided in the original application.24

Disclosure and Use of CCW Information

Cities and counties in California must maintain certain records regarding CCW applications and licenses and forward this information to the DOJ.25 The application and record of a CCW license are public documents unless they contain information by which the county sheriff or municipal police chief can demonstrate that the public interest served by not making such records public clearly outweighs the public interest in their disclosure.26 Nevertheless, certain information contained in the applications for CCW licenses and the records of CCW applicants may not be disclosed to the public. Such information includes:

  • Records of state summary criminal information contained in CCW license records of a sheriff or municipal police department;
  • Records of the sheriff’s investigation of the qualification and fitness of a CCW applicant;27
  • Information contained in CCW applications by the sheriff of a county or a municipal police chief indicating when or where the applicant is vulnerable to attack, or concerning the applicant’s medical or psychological history or that of members of his or her family;28 and
  • The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates.29

The California Department of Justice used to produce an annual report disclosing the number of CCW licenses in each California county. The most recent report lists the number of CCW licenses that existed in each county each year from 1987 through 2007. At the end of 2007, there were a total of 40,296 CCW licenses in all of California. A report released by the United States Government Accountability Office in 2012, estimated a total of 35,000 CCW license holders in California as of September 1, 2011.30

Reciprocity of Other States’ CCW Licenses

Concealed weapons license holders from other states may not carry their concealed firearms in California.

Notes
  1. Cal. Penal Code §§ 25400(a), 25655. Firearms carried openly in belt holsters are not considered “concealed” within the meaning of this section. Cal. Penal Code § 25400(b). ⤴︎
  2. Cal. Penal Code § 25600(a). A person may also carry a concealed firearm in a locked container to or from a motor vehicle. Cal. Penal Code § 25610(a)(2). For additional exceptions, see Cal. Penal Code §§ 25505-25655. ⤴︎
  3. Cal. Penal Code § 25450. ⤴︎
  4. Cal. Penal Code §§ 26150, 26155. Additional concealed weapons license application and background check requirements, as well as license denial, suspension or disqualification standards, are detailed under Cal. Penal Code §§ 26150-26225. ⤴︎
  5. Cal. Code Regs. tit. 11, § 4006(b). ⤴︎
  6. Cal. Penal Code § 26190(b). If, on an initial application, the licensing authority requires psychological testing for the license applicant, the applicant must be referred to a licensed psychologist used by the licensing authority for the psychological testing of its own employees. Cal. Penal Code § 26190(f). The applicant may be charged for the actual cost of the testing, not to exceed $150, and, if additional psychological testing is required, that cost to the applicant cannot exceed $150. Id. ⤴︎
  7. Cal. Penal Code § 26202. ⤴︎
  8. Cal. Penal Code § 26205. ⤴︎
  9. Cal. Penal Code § 26200. ⤴︎
  10. Cal. Penal Code § 26190(g). ⤴︎
  11. Cal. Penal Code § 26175(i). Licensees may apply to amend their licenses to include authority to carry additional specified firearms or to alter the conditions or restrictions of the license. Cal. Penal Code § 26215(a). ⤴︎
  12. Cal. Penal Code §§ 26150, 26155. ⤴︎
  13. Cal. Penal Code § 26155(c). ⤴︎
  14. Cal. Penal Code § 26150(a)(3). A city or county may be considered an applicant’s “principal place of employment or business” only if the applicant is physically present in the jurisdiction during a substantial part of his or her working hours for purposes of that employment or business. Cal. Penal Code § 17020. ⤴︎
  15. Cal. Penal Code § 26220. ⤴︎
  16. Cal. Penal Code § 26195(b)(1). ⤴︎
  17. Cal. Penal Code § 26195(b)(2). ⤴︎
  18. Cal. Penal Code § 26195(b)(3). ⤴︎
  19. Cal. Penal Code § 26165. Pursuant to a law California enacted in 2011, an applicant must not be required to pay for any training courses prior to a determination of good cause. Id. ⤴︎
  20. Cal. Penal Code § 26220(a). An amendment to a license does not extend the original expiration date of the license, and an application to amend a license does not constitute an application for renewal. Cal. Penal Code § 26215(c), (d). ⤴︎
  21. Cal. Penal Code § 26175. ⤴︎
  22. Cal. Penal Code § 26165(c). ⤴︎
  23. Cal. Penal Code § 26190(f). ⤴︎
  24. Cal. Penal Code § 26175(g). ⤴︎
  25. Cal. Penal Code § 26225. ⤴︎
  26. Cal. Govt. Code § 6255. ⤴︎
  27. Cal. Govt. Code § 6254(f). ⤴︎
  28. Cal. Govt. Code § 6254(u)(1). For additional explanation on the disclosure and use of concealed weapons permit information, see the California Attorney General’s opinion concerning public disclosure of records, 62 Ops. Cal. Atty. Gen. 595 (1979). ⤴︎
  29. Cal. Govt. Code § 6254(u)(2)-(3). ⤴︎
  30. See United States Government Accountability Office, States’ Laws and Requirements for Concealed Carry Permits Vary across the Nation, 36, July, 2012, available at http://www.gao.gov/assets/600/592552.pdf. ⤴︎

Concealed Weapons Permitting in Colorado

See our Concealed Weapons Permitting for a comprehensive discussion of this issue.

Colorado does not prohibit a person from carrying a concealed handgun in public if the person has a permit.1

Colorado is a “shall issue” state, meaning that a sheriff must issue a permit to carry a concealed handgun if an applicant meets certain qualifications.2 Colorado provides sheriffs some discretion in issuing or denying such licenses, however. Even if an applicant meets the criteria to obtain a “shall issue” permit (listed below), the sheriff may deny the permit if the sheriff has a reasonable belief that documented behavior by the applicant makes it likely the applicant will present a danger to himself, herself or others if the applicant receives a permit.3

The sheriff shall issue a permit to an applicant who:

  • Is a legal resident of the state of Colorado;
  • Is age 21 or older;
  • Is not ineligible to possess a firearm pursuant state4 or federal law;
  • Has not been convicted of perjury under state law, in relation to information provided or deliberately omitted on a concealed handgun permit application;
  • Does not chronically and habitually use alcoholic beverages to the extent that the applicant’s normal faculties are impaired;5
  • Is not an unlawful user of or addicted to a controlled substance as defined under state law;
  • Is not subject to a: 1) protection order issued under state law6 and in effect at the time the application is submitted; 2) permanent protection order issued pursuant to state law; or 3) temporary protection order issued pursuant to state law that is in effect at the time the application is submitted;7 and
  • Demonstrates competence with a handgun by one of several statutorily-authorized methods (for details, see the Firearm Safety Training subsection below).8

A sheriff may also issue a “temporary emergency permit to carry a concealed handgun” to an individual whom the sheriff has reason to believe may be in immediate danger.9 The criteria to obtain the permit are similar to those of the non-emergency permit, except that no evidence of competence with a handgun is required and the applicant need only be age 18 or older.10 The emergency permit is valid for 90 days from the date of issuance and may be renewed only once. However, if the permittee is less than 21 years of age, the sheriff can renew the permit until the permittee reaches 21 years of age.11

Firearm Safety Training

Applicants for a Colorado permit to carry a concealed handgun must demonstrate competence with a handgun by submitting evidence of completion of one of the following:

  • Evidence of experience with a firearm through participation in organized shooting competitions or current military service;
  • Evidence that, at the time the application is submitted, the applicant is a certified instructor;12
  • Proof of honorable discharge from a branch of the U.S. armed forces within the three years preceding submittal of the application;
  • Proof of honorable discharge from a branch of the U.S. armed forces that reflects pistol qualifications obtained within the 10 years preceding submittal of the application;
  • A certificate showing retirement from a Colorado law enforcement agency that reflects pistol qualifications obtained within the 10 years preceding submittal of the application; or
  • A training certificate from a handgun training class obtained within the 10 years preceding submittal of the application. The applicant shall submit the original training certificate or a photocopy thereof that includes the original signature of the class instructor. In obtaining a training certificate from a handgun training class, the applicant shall have discretion in selecting which handgun training class to complete.13

“Handgun training class” means:

  • A law enforcement training firearms safety course;
  • A firearms safety course offered by a law enforcement agency, an institution of higher education, or a public or private institution or organization or firearms training school, that is open to the general public and is taught by a certified instructor; or
  • A firearms safety course or class that is offered and taught by a certified instructor.14

A law Colorado enacted in 2013 prevents a person from fulfilling this requirement through an online course, or any course that does not require the person to be at a physical location with a certified instructor.15

Duration & Renewal

A Colorado permit to carry a concealed handgun is valid for five years.16 To renew a permit, the permittee must submit an application which requires the same information required for the original permit, including fingerprints.17 After six months from its expiration date, a permit is considered permanently expired and cannot be renewed. Persons whose permits are permanently expired must reapply for a permit.18

Disclosure or Use of Information

Local sheriffs in Colorado must keep a list of persons to whom permits have been issued and may share the information with law enforcement for the purpose of determining the validity of a permit.19 On or after July 1, 2011, a sheriff can no longer share information from the list of permittees with other law enforcement for the purpose of creating a statewide database of permittees, and any law enforcement agency that receives information concerning permittees from a sheriff shall not use the information to create or maintain a database of permittees.20 Any information concerning a permittee that is included in a statewide database must be removed from the database no later than July 1, 2011.21 The Colorado Bureau of Investigation may only use an applicant’s fingerprints to obtain information for sheriffs for the purpose of granting or revoking a permit.22

Reciprocity

A permit to carry a concealed handgun issued in a state that recognizes Colorado concealed handgun permits is valid in Colorado if the permit is issued to a person age 21 or older who is either: 1) a resident of the state that issued the permit; or 2) a resident of Colorado for no more than 90 days.23

Notes
  1. Colo. Rev. Stat. § 18-12-214. ⤴︎
  2. Colo. Rev. Stat. § 18-12-203(1). ⤴︎
  3. Colo. Rev. Stat. § 18-12-203(2), (3). ⤴︎
  4. See Colo. Rev. Stat. § 18-12-108 for state weapons prohibitions by criminal offenders. ⤴︎
  5. This prohibition does not apply to an applicant who provides an affidavit, signed by a professional counselor or addiction counselor licensed under state law and specializing in alcohol addiction, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least three years. Colo. Rev. Stat. § 18-12-203(1)(e)(II). ⤴︎
  6. See Colo. Rev. Stat. § 18-1-1001 or § 19-2-707 for protection order provisions. ⤴︎
  7. See Colo. Rev. Stat. §§ 13-14-101 – 13-14-104 for information on permanent and temporary civil protection orders. ⤴︎
  8. Colo. Rev. Stat. § 18-12-203(1). ⤴︎
  9. Colo. Rev. Stat. § 18-12-209. ⤴︎
  10. Id. ⤴︎
  11. Id., Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Colo. Rev. Stat. §§ 18-12-203(3)(a), 18-12-205. ⤴︎
  12. “Certified instructor” means an instructor for a firearms safety course who is certified as a firearms instructor by: a county, municipal, state, or federal law enforcement agency; the peace officers standards and training board; a federal military agency; or a national nonprofit organization that certifies firearms instructors, operates national firearms competitions, and provides training, including courses in personal protection, in small arms safety, use, and marksmanship. Colo. Rev. Stat. § 18-12-202(2). ⤴︎
  13. Colo. Rev. Stat. § 18-12-203(1)(h). ⤴︎
  14. Colo. Rev. Stat. § 18-12-202(5). ⤴︎
  15. Id. ⤴︎
  16. Colo. Rev. Stat. § 18-12-204(1)(b). ⤴︎
  17. Colo. Rev. Stat. § 18-12-211. ⤴︎
  18. Id. ⤴︎
  19. Colo. Rev. Stat. § 18-12-206(3)(a). ⤴︎
  20. Colo. Rev. Stat. § 18-12-206(3)(b). ⤴︎
  21. Id. ⤴︎
  22. Colo. Rev. Stat. § 18-12-208(2). ⤴︎
  23. Colo. Rev. Stat. § 18-12-213. ⤴︎

Concealed Weapons Permitting in Connecticut

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Connecticut requires any person that seeks to carry a pistol or revolver to obtain a permit.1 No permit is needed to carry a pistol or revolver within one’s own “dwelling house or place of business.”2

Connecticut is a “may issue” state, meaning that local law enforcement has discretion in determining whether or not to issue a permit to carry a handgun to an applicant.3

Connecticut’s permitting law does not distinguish between carrying a handgun concealed and carrying openly. A chief of police, warden or selectman may issue a permit to carry a handgun to a person who:4

  • Has a bona fide residence or place of business within the jurisdiction in which he or she is applying;
  • Intends to make only lawful use of the handgun for which the permit will be issued;
  • Is a “suitable person” to receive a permit;
  • Has successfully completed a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of handguns;
  • Has not been convicted of a felony or of a violation of:
    • Criminal possession of a narcotic substance;
    • Criminally negligent homicide;
    • Assault in the third degree or assault in the third degree of an elderly, blind, pregnant, or disabled person, or a person with an intellectual disability;
    • Threatening in the second degree;
    • Reckless endangerment in the first degree;
    • Unlawful restraint in the second degree;
    • Riot in the first or second degree or inciting to riot; or
    • Stalking in the second degree;
  • Has not been convicted as a delinquent for the commission of a serious juvenile offense;5
  • Has not been discharged from custody within the preceding 20 years after having been found not guilty of a crime by reason of mental disease or defect;6
  • Has not been confined in a hospital for persons with psychiatric disabilities within the preceding 12 months by order of a probate court;
  • Is not subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person;
  • Is not subject to a firearms seizure order issued for posing risk of imminent personal injury to self or others after notice and a hearing;7
  • Is not prohibited from shipping, transporting, possessing or receiving a firearm pursuant to the mental health prohibitions under federal law;8
  • Is not an alien illegally or unlawfully in the United States; and
  • Is at least 21 years of age.

Any person violating the concealed weapons permitting provisions will, in addition to other criminal penalties, be forced to forfeit any handgun found in his or her possession.9

Firearm Safety Training

Connecticut requires that applicants for a state concealed weapons permit first successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Connecticut Department of Environmental Protection, and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association.10

Duration & Renewal

A permit to carry a handgun is valid for up to five years from the date the permit became effective.11 Each renewal permit is valid for five years.12 Connecticut enacted a law in 2011 allowing individuals to renew permits by mail.13 There is no safety training requirement upon renewal.

Disclosure or Use of Information

Connecticut does not allow personal application or permit information of concealed weapons permit holders to be made public. The name and address of a person issued a state permit to carry a handgun or a local permit to carry a handgun issued prior to October 1, 2001 (the effective date of the law authorizing state-issue permits in place of local permits), may not be disclosed, except to:

  • Law enforcement officials acting in the performance of their duties;
  • Firearms transferors making requests for verification that such state, local or temporary state permit is still valid and has not been suspended or revoked; and
  • The Commissioner of Mental Health and Addiction Services for persons subject to an order of mental health commitment.14

Reciprocity

A bona fide resident of the United States who does not reside or work in Connecticut and holds a concealed handgun permit issued by another state may apply to the Commissioner of Emergency Services and Public Protection for a permit to carry a handgun in Connecticut.15

Notes
  1. Conn. Gen. Stat. § 29-35(a). ⤴︎
  2. Conn. Gen. Stat. § 29-35(a). ⤴︎
  3. Conn. Gen. Stat. § 29-28(b). ⤴︎
  4. Conn. Gen. Stat. § 29-28(b). ⤴︎
  5. See Conn. Gen. Stat. § 46b-120. ⤴︎
  6. See Conn. Gen. Stat. § 53a-13. ⤴︎
  7. See Conn. Gen. Stat. § 29-38c(d). ⤴︎
  8. See 18 U.S.C. § 922(g)(4) (persons who have been adjudicated as a mental defective or who have been committed to a mental institution). ⤴︎
  9. Conn. Gen. Stat. § 29-37(a). ⤴︎
  10. Conn. Gen. Stat. § 29-28(b). ⤴︎
  11. Conn. Gen. Stat. § 29-30(b). ⤴︎
  12. Id. ⤴︎
  13. Conn. Gen. Stat. § 29-30(f). ⤴︎
  14. Conn. Gen. Stat. § 29-28(d). ⤴︎
  15. Conn. Gen. Stat. § 29-28(f). ⤴︎

Concealed Weapons Permitting in Delaware

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Delaware is a “may issue” state, meaning that the Superior Court in the county where the applicant resides has discretion in determining whether or not to issue a concealed deadly weapons license to an applicant. Delaware prohibits carrying a concealed deadly weapon upon or about the person without a license.1

A “person of full age2 and good moral character desiring to be licensed to carry a concealed deadly weapon for personal protection or the protection of the person’s property may be licensed to do so” if the person:

  • Applies in writing to the Prothonotary of the county in which the applicant resides, at least 15 days before the next term of the Superior Court, stating that he or she seeks a license to carry a concealed deadly weapon for personal protection or protection of property, or both;
  • Files with his or her application a certificate signed by five respectable citizens of the county in which the applicant resides, stating that the applicant is “of full age, sobriety and good moral character,” has a good reputation for peace and good order, and that possession of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant’s property, or both;
  • Verifies his or her application by oath or affirmation in writing before a state-authorized officer, and states in writing that the applicant’s certificate and recommendations were read to or by its five signers and that the signatures are authentic; and
  • For an applicant’s initial license only, files a notarized certificate signed by a firearms training instructor or other authorized representative noting that the applicant has satisfied state firearms training requirements (see the Firearms Safety Training subsection below for further information).3

The Prothonotary of the county in which an application for a license is filed must provide notice of the application by way of publication in a newspaper of general circulation published in the county at least 10 days before the next term of the Superior Court.4

In addition, the Prothonotary must provide the Superior Court all applications for licenses, and the court, at its discretion, may hear evidence and arguments for and against an application.5 Delaware’s Attorney General also has discretion to issue, on a limited basis, a temporary license to carry concealed a deadly weapon to any individual who is not a Delaware resident, and whom the Attorney General determines has a short-term need to carry a weapon within the State in conjunction with that individual’s employment for the protection of person or property.6

The fee for an application for a license to carry a concealed deadly weapon is $65.7 Notwithstanding any other law or regulation, any license issued under these provisions is void and automatically repealed if the license holder becomes prohibited from owning, possessing or controlling a deadly weapon under state law.8

Firearm Safety Training

An applicant for a concealed deadly weapon must file, with an initial license only, a notarized certificate signed by an instructor or authorized representative of a sponsoring agency, school, organization or institution certifying that the applicant: 1) has completed a firearms training course which contains at least the minimum training elements (listed below); and 2) is sponsored by a federal, state, county or municipal law enforcement agency, college, nationally recognized organization that customarily offers firearms training or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training.9

Firearms training courses must include instruction regarding:

  • Knowledge and safe handling of firearms;
  • Safe storage of firearms and child safety;
  • Knowledge and safe handling of ammunition;
  • Safe storage of ammunition and child safety;
  • Safe firearms shooting fundamentals;
  • Federal and state laws pertaining to the lawful purchase, ownership, transportation, use and possession of firearms;
  • State laws pertaining to the use of deadly force for self-defense; and
  • Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

Delaware also requires that applicants complete live fire shooting exercises on a range, including the expenditure of a minimum of 100 rounds of ammunition, and receive instruction identifying ways to develop and maintain firearm shooting skills.10

Duration & Renewal

An initial license to carry a concealed deadly weapon is valid for three years.11

Renewals are valid for a period of five years. Renewal applicants must file an affidavit stating that the carrying of a concealed deadly weapon remains necessary for personal protection or protection of the person’s property, or both, and the person possesses all the requirements for the issuance of a license. The Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. The fee for renewal is $65.12

Disclosure or Use of Information

Every law enforcement officer of the state and of any political subdivision must transmit to the Delaware State Bureau of Identification (SBI) the fingerprints, photographs and other data prescribed by SBI’s Director for all individuals applying for a permit to carry concealed deadly weapons.13 Records which disclose the identity or address of any person holding a permit to carry a concealed deadly weapon are not considered public records under Delaware’s Freedom of Information Act, and thus are not generally subject to public disclosure.14 All records relating to concealed deadly weapon permits shall be available to bona fide law-enforcement officers, however.15

Reciprocity

Delaware’s Attorney General is required to publish on January 15th of each year a list of all states which have qualified for reciprocity of concealed weapon licenses/permits from Delaware.16 The list of states with which Delaware has established reciprocity can be found on the Delaware Department of Justice’s Concealed Deadly Weapons Reciprocity page.

Delaware gives full faith and credit to all state-authorized licenses/permits issued to the citizens of other states where the issuing states also give full faith and credit to licenses issued by Delaware, and where those licenses/permits afford a “reasonably similar degree of protection” as is provided by licensure in Delaware.17 The term “reasonably similar” does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. If there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, however, the Attorney General must not include that state on the list even if the law of that state is determined to be “reasonably similar.” The list is valid for one year and any removal of a state from the list may not occur without one year’s notice of such impending removal.18

Notes
  1. Del. Code Ann. tit. 11, §§ 1442. ⤴︎
  2. Full age is defined as 18 years or older. See Del. Code Ann. tit. 1, § 701. ⤴︎
  3. Del. Code Ann. tit. 11, § 1441(a)(1)-(3). ⤴︎
  4. Del. Code Ann. tit. 11, 1441(b). ⤴︎
  5. Del. Code Ann. tit. 11, § 1441(c), (d). ⤴︎
  6. Del. Code Ann. tit. 11, § 1441(k). ⤴︎
  7. Del. Code Ann. tit. 11, § 1441(a)(4). Additional application and background check requirements are detailed under Del. Code Ann. tit. 11, § 1441. ⤴︎
  8. Del. Code Ann. tit. 11, § 1441(m). ⤴︎
  9. Del. Code Ann. tit. 11, § 1441(a)(3). ⤴︎
  10. Id. ⤴︎
  11. Del. Code Ann. tit. 11, § 1441(a)(5). ⤴︎
  12. Id. ⤴︎
  13. Del. Code Ann. tit. 11, § 8507(a)(3). ⤴︎
  14. Del. Code Ann. tit. 29, § 10002(g)(11). ⤴︎
  15. Id. ⤴︎
  16. Del. Code Ann. tit. 11, § 1441(j). ⤴︎
  17. Del. Code Ann. tit. 11, § 1441(j). ⤴︎
  18. Id. ⤴︎

Concealed Weapons Permitting in Florida

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Florida does not prohibit a person from carrying a concealed firearm on or about his or her person if the person has a license to carry a concealed firearm.1 Florida is a “shall issue” state, meaning that the state Department of Agriculture and Consumer Services must issue a concealed weapons license if the applicant meets certain qualifications. The Department must issue a license to carry a concealed weapon if the applicant:

  •  Is a U.S. resident and a citizen of the United States or a permanent resident alien of the United States, or a certified consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the U.S.;
  • Is 21 years of age or older;
  • Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
  • Is not ineligible to possess a firearm due to a felony conviction;
  • Has not been committed for the abuse of a controlled substance or found guilty of a crime under the Florida drug abuse prevention and control statutes or similar laws of any other state relating to controlled substances within the previous three years;
  • Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. An applicant is presumed to chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if, within the previous three years, the applicant:
    • Was committed under Florida’s substance abuse services provisions or similar laws of any other state;
    • Was convicted of using a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances;
    • Was deemed a habitual offender for disorderly intoxication; or
    • Has two or more convictions for driving under the influence;
  • Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;
  • Demonstrates competence with a firearm (see below);
  • Has not been adjudicated an incapacitated person, unless five years have elapsed since the applicant’s restoration to capacity by court order;
  • Has not been committed to a mental institution, unless the applicant produces a certificate from a licensed psychiatrist stating that he or she has not suffered from disability for at least five years prior;
  • Has not had an adjudication of guilt withheld or the imposition of a sentence suspended on any felony unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
  • Has not had an adjudication of guilt withheld or the imposition of a sentence suspended on any misdemeanor crime of domestic violence unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
  • Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
  • Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.2

In addition, the Department must deny a license if the applicant has been found guilty of, had an adjudication of guilt withheld for, or had the imposition of a sentence suspended for one or more crimes of violence constituting a misdemeanor, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.3 The Department must issue a license or deny an application within 90 days after receiving the application materials.4 If the Department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation can be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.5

Firearm Safety Training

An applicant for a Florida concealed firearms license must demonstrate competence with a firearm through one of the following methods:

  • Completion of a hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;
  • Completion of a National Rifle Association firearms safety or training course, or a firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;
  • Completion of a firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
  • Completion of a law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; or
  • Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service.6

Duration & Renewal

Florida concealed firearms licenses are valid for a period of seven years from the date of issue.7 The Department must mail to the licensee a renewal form no less than 90 days before the expiration date of the license.8 A person whose license has been permanently expired may reapply for licensure; however, a full application must be submitted and background investigation conducted.9

Disclosure or Use of Information

Personal identifying information of an individual who has applied for or received a license to carry a concealed firearm held by the Department is confidential and exempt from state public records provisions and access to public records and meetings provisions.10 The Department maintains an automated listing of license holders and related pertinent information, and such information is available on-line, upon request, at all times to law enforcement agencies through the Florida Crime Information Center.11

Reciprocity

A resident of the United States who is a non-resident of Florida may carry a concealed firearm while in Florida, provided that:

  • The non-resident is 21 years of age or older, and has in her or his immediate possession a valid license to carry a concealed firearm issued to the non-resident in her or his state of residence; and
  • The non-resident’s state of residence honors Florida concealed firearm licenses.12
Notes
  1. A person who carries a concealed firearm on or about his or her person without a license commits a felony of the third degree, although this restriction does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor or by a local authority. Fla. Stat. § 790.01(2), (3). Note, too, that the license requirements of Fla. Stat. § 790.06 do not apply in various circumstances involving military personnel, law enforcement officers, government employees, security guards, messengers, regularly enrolled members of shooting or firearms collecting clubs (while at or going to/from club events), persons “engaged in fishing, camping, or lawful hunting” (or while going to/from such expeditions), or persons possessing arms at their home or place of business, among others. Fla. Stat. § 790.25(3). ⤴︎
  2. Fla. Stat. § 790.06(2). A license may be suspended or revoked per Fla. Stat. § 790.06(3), (10). ⤴︎
  3. Fla. Stat. § 790.06(3). Application and other license requirements are detailed under Fla. Stat. § 790.06. ⤴︎
  4. Fla. Stat. § 790.06(6)(c). ⤴︎
  5. Fla. Stat. § 790.06(6)(c)(3). ⤴︎
  6. Fla. Stat. § 790.06(2)(h). ⤴︎
  7. Fla. Stat. § 790.06(1). ⤴︎
  8. Fla. Stat. § 790.06(11). ⤴︎
  9. Id. ⤴︎
  10. Fla. Stat. § 790.0601(1). Information made confidential and exempt must be disclosed: 1) With the express written consent of the applicant or licensee or his or her legally authorized representative; 2) By court order upon a showing of good cause; or 3) Upon request by a law enforcement agency in connection with the performance of lawful duties, including access to any automated database containing such information maintained by the Department. Fla. Stat. § 790.0601(2). ⤴︎
  11. Fla. Stat. § 790.06(7). ⤴︎
  12. Fla. Stat. § 790.015. A list of states that honor Florida concealed firearm licenses is posted on the Concealed Carry Reciprocity page of the Florida Department of Agriculture and Consumer Services, Division of Licensing. ⤴︎

Concealed Weapons Permitting in Georgia

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2010, Georgia significantly loosened its law limiting the manner in which “weapons carry” license holders may carry handguns. Georgia now allows the carrying of a firearm by any person who:

  • Has a valid “weapons carry” license and is carrying a handgun (regardless of whether the handgun is concealed);
  • Is on his or her property or inside his or her home, motor vehicle, or place of business;
  • Is carrying a long gun, even if the person does not have a license, provided that, if the long gun is loaded, it is carried openly;
  • Is carrying a handgun enclosed in a case and unloaded, even if the person does not have a license;
  • Is eligible for a weapons carry license (even if the person does not actually have a license) and is transporting a firearm in a passenger motor vehicle, provided that a private property owner may forbid possession of a firearm on his or her property; or
  • Is licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a Georgia weapons carry license, while the licensee is not a resident of Georgia, provided that such licensee carries his or her weapon in compliance with Georgia law; or
  • Has a valid hunting or fishing license, or who is otherwise legally engaged in hunting or fishing or sport shooting.1

Georgia is a “shall issue” state, meaning that a probate court judge must issue a “weapons carry” license if the applicant meets certain qualifications.2 The probate court judge must issue a license “unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with all the requirements” contained in Georgia law.3

Applicants may apply for a “weapons carry” license to the probate court judge in the applicant’s county of residence.4 In 2010, Georgia loosened its eligibility requirements for licenses. Now, licenses will not be issued to any person:

  • Under 21 years of age;5
  • Who has been convicted of a felony and has not been pardoned;
  • Against whom proceedings are pending for a felony;
  • Who is a fugitive from justice;
  • Who is prohibited from possessing a firearm pursuant to federal law;
  • Who was convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug;
  • Who has had his or her weapons carry license revoked within three years of the date of his or her application;
  • Who was, during the five years immediately preceding the application, under restraint or supervision resulting from a conviction for carrying a weapon without a weapons carry license, carrying a weapon or long gun in an unauthorized location, or a misdemeanor involving the use or possession of a controlled substance; or
  • Who has been hospitalized as an inpatient in a mental hospital or alcohol or drug treatment center within the five years preceding the application, although the judge retains discretion to issue a license to the individual in some circumstances.6

For purposes of these prohibitions, “convicted” means a plea of guilty, a finding of guilt, or the acceptance of a plea of nolo contendere.7

Every weapons license holder is required to have his or her valid weapons carry license in his or her immediate possession at all times when carrying a weapon, or if such person is exempt from having a weapons carry license, he or she must have proof of his or her exemption in his or her immediate possession at all times when carrying a weapon.8 However, a person convicted of a violation of this requirement may not be fined more than $10.00 for that violation if he or she produces his or her weapons carry license in court, or produces proof of his or her exemption, provided that it was valid at the time of his or her arrest.9

Application Process

Within five business days following the receipt of an weapons carry application, the judge of the probate court is required to direct the law enforcement agency to request a criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation, as well as a background check using the FBI’s NICS database, for purposes of determining the suitability of the applicant. 10  The law enforcement agency must then report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under Georgia law, although a report is not required if no such derogatory information is found on the applicant.11  The law enforcement agency must also return the application directly to the judge of the probate court within such time period.12 Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a license, the judge of the probate court shall issue the applicant a license or renewal license to carry any weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in Georgia law.13

Petition for Relief from License Prohibition

Georgia has enacted a procedure for individuals prohibited from obtaining weapons licenses as a result of being hospitalized in any mental hospital or alcohol or drug treatment center, or being adjudicated mentally incompetent to stand trail, or adjudicated not guilty by reason of insanity in a criminal trial to petition for relief from the prohibition.14 Such persons may petition the court in which such adjudication, hospitalization, or treatment proceedings, if any, occurred. ((Ga. Code Ann. § 16-11-129(b.1)(1).)) A copy of the petition for relief must be served as notice upon the opposing civil party or the prosecuting attorney for the state, as the case may be, or their successors, who appeared in the underlying case.15  Within 30 days of the receipt of such petition, the court is required to hold a hearing on the petition for relief, in which the prosecuting attorney for the state may represent the interests of the state.16

At the hearing, the court shall receive and consider evidence in a closed proceeding concerning:

  • The circumstances which caused the person to be subject to the weapons license prohibition;
  • The person’s mental health and criminal history records, if any;17
  • The person’s reputation, which shall be established through character witness statements, testimony, or other character evidence; and
  • Changes in the person’s condition or circumstances since his or her adjudication, hospitalization, or treatment proceedings.18

The judge must issue an order of his or her decision within 30 days after the hearing.19 The court is required to grant the petition for relief if the judge finds by a preponderance of the evidence that the person will not likely act in a manner dangerous to public safety in carrying a weapon and that granting the relief will not be contrary to the public interest. ((Ga. Code Ann. § 16-11-129(b.1)(3).  A record shall be kept of the hearing; provided, however, that such records shall remain confidential and be disclosed only to a court or to the parties in the event of an appeal. Any appeal of the court’s ruling on the petition for relief shall be de novo review. Id.)) If the court grants the petition for relief, the clerk of the court shall report the order to the Georgia Crime Information Center immediately, and in no case later than ten business days after the date of such order.20 If the court denies the petition, the person may not petition for relief more than once every two years.21 Additionally, a person who has been hospitalized as an inpatient may not petition for relief under this process prior to being discharged from such treatment.22

Firearm Safety Training

Georgia does not require applicants to undergo firearm safety training or otherwise demonstrate competence with a firearm.

Duration & Renewal

Georgia “weapons carry” licenses are valid for five years.23 Renewal licenses are also valid for five-year periods, and are subject to the same requirements as an original license, except that fingerprinting is not required for applicants seeking temporary renewal licenses or renewal licenses.24 If less than 90 days remain before expiration of a license or the license expired within the last 30 days, the license holder may apply for a temporary renewal license, which expires in 90 days.25

Disclosure or Use of Information

The Georgia rules governing the inspection of public records do not apply to any application submitted to or any permanent records maintained by a probate court judge relating to “weapons carry” licenses, or pursuant to any other requirement for maintaining records relative to the possession of firearms.26 Law enforcement agencies and probate court judges may obtain records relating to licensing and possession of firearms as provided by law.27

In addition, license application forms must “be designed to elicit information from the applicant pertinent to his or her eligibility” for a license, and shall not “require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant.”28

Reciprocity

Georgia law allows a person licensed to carry a handgun or weapon in another state whose laws recognize and give effect to a Georgia weapons carry license to carry a handgun in Georgia, but only while the licensee is not a resident of Georgia.29 The licensee must carry the handgun in compliance with Georgia laws.30

Notes
  1. Ga. Code Ann. §§ 16-11-126(a)-(f). ⤴︎
  2. Ga. Code Ann. §§ 16-11-129(a), (d)(4). ⤴︎
  3. Ga. Code Ann. § 16-11-129(d)(4). ⤴︎
  4. Ga. Code Ann. § 16-11-129(a). ⤴︎
  5. Georgia law provides an exception for a person who is at least 18 years old who provides proof that he or she has completed basic training in the U.S. Armed Forces and is either actively serving or has been honorably discharged from such service. Ga. Code Ann. § 16-11-129(b)(2)(A). ⤴︎
  6. Ga. Code Ann. § 16-11-129(b)(2). ⤴︎
  7. Ga. Code Ann. § 16-11-129(b)(1)(C). ⤴︎
  8. Ga. Code Ann. § 16-11-137(a). ⤴︎
  9. Ga. Code Ann. § 16-11-137(c). ⤴︎
  10. Ga. Code Ann. § 16-11-129(d)(1), (2). ⤴︎
  11. Ga. Code Ann. § 16-11-129(d)(4). ⤴︎
  12. Id. ⤴︎
  13. Id. ⤴︎
  14. Ga. Code Ann. § 16-11-129(b.1). ⤴︎
  15. Id. ⤴︎
  16. Id. ⤴︎
  17. The judge of the court may require any such person to sign a waiver authorizing the superintendent of any mental hospital or treatment center to make to the judge a recommendation regarding whether such person is a threat to the safety of others. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. ⤴︎
  18. Ga. Code Ann. § 16-11-129(b.1)(2). ⤴︎
  19. Id. ⤴︎
  20. Ga. Code Ann. § 16-11-129(b.1)(4). ⤴︎
  21. Ga. Code Ann. § 16-11-129(b.1)(5). ⤴︎
  22. Id. ⤴︎
  23. Ga. Code Ann. § 16-11-129(a). ⤴︎
  24. Id, Ga. Code Ann. § 16-11-129(c). ⤴︎
  25. See Ga. Code Ann. § 16-11-129 for further information related to license renewals. ⤴︎
  26. Ga. Code Ann. § 50-18-72(a)(40). ⤴︎
  27. Id. ⤴︎
  28. Ga. Code Ann. § 16-11-129(a). ⤴︎
  29. Ga. Code Ann. § 16-11-126(e). ⤴︎
  30. Id. ⤴︎

Concealed Weapons Permitting in Hawaii

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Hawaii is a “may-issue” state, meaning that the chief of police of a county has discretion in determining whether or not to issue a concealed weapons license to an applicant. The chief of police may grant a license to carry a concealed weapon and ammunition “[i]n an exceptional case, when an applicant shows reason to fear injury to the applicant’s person or property,” if the applicant is a United States citizen or a duly accredited official representative of a foreign nation and over 21 years of age.1

Pursuant to state law, a chief of police must adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

(1) Be qualified to use the firearm in a safe manner;

(2) Appear to be a suitable person to be so licensed;

(3) Not be prohibited under state law from the ownership or possession of a firearm [see the Hawaii Background Checks and Hawaii Prohibited Purchasers Generally sections];2 and

(4) Not have been adjudged insane or not appear to be mentally deranged.3

A fee of $10 shall be charged for each license.4 Any person carrying a concealed handgun without a license is criminally liable for a misdemeanor and “may be immediately arrested without warrant by any sheriff, police officer, or other officer or person.”5

All licenses to carry a handgun may be revoked for good cause by the issuing authority or by the judge of any court.6

Firearm Safety Training

Although Hawaii does not specifically require applicants for licenses to carry firearms to complete firearms safety training, firearms safety training is a pre-requisite to obtaining a permit to purchase or possess a pistol or revolver under state law.7 For additional information, see the Hawaii Licensing of Gun Owners or Purchasers section.

Duration & Renewal

A concealed weapons license is valid for one year from the date of issue.8 The renewal fee is $10.9

Disclosure or Use of Information

Within ten days after the last day of each month, all issuing authorities must report to the Department of the Attorney General all permits and licenses issued or revoked by the authority as of the last day of the preceding month.10

Reciprocity

Hawaii has no provisions allowing concealed weapons license holders from other states to carry their concealed firearms in Hawaii.

Notes
  1. Haw. Rev. Stat. Ann. § 134-9(a). ⤴︎
  2. See, Haw. Rev. Stat. Ann. § 134-7. ⤴︎
  3. Haw. Rev. Stat. Ann. § 134-9(b). ⤴︎
  4. Haw. Rev. Stat. Ann. § 134-9(d). ⤴︎
  5. Id.; Haw. Rev. Stat. Ann. § 134-51(a). ⤴︎
  6. Haw. Rev. Stat. Ann. § 134-13. ⤴︎
  7. Haw. Rev. Stat. Ann. § 134-2(g). ⤴︎
  8. Haw. Rev. Stat. Ann. § 134-9(a). ⤴︎
  9. Haw. Rev. Stat. Ann. § 134-9(d). ⤴︎
  10. Haw. Rev. Stat. Ann. § 134-14. ⤴︎

Concealed Weapons Permitting in Idaho

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2016, Idaho enacted a law allowing an individual to carry a hidden, loaded handgun in public without a permit provided the individual is:

  • Over twenty-one (21) years of age; and
  • A resident of Idaho.1

Additionally, the individual must not be:

  • Ineligible to own, possess or receive a firearm under state or federal law;
  • Formally charged with a crime punishable by imprisonment for a term exceeding one year;
  • Adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one year;
  • A fugitive from justice;
  • An unlawful user of marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined by federal law;2
  • Currently suffering from, or has been adjudicated as having suffered from any of the following based on substantial evidence (unless the person has successfully petitioned for relief from the firearm prohibition):
    • Lacking mental capacity, per state law;3
    • Mentally ill, per state law;4
    • Gravely disabled, per state law;5
    • An incapacitated person, per state law;6
    • Someone who has been discharged from the Armed Forces under dishonorable conditions;
  • Someone who has received a withheld judgment or suspended sentence for punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation;
  • Someone who has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation;
  • An alien illegally in the United States;
  • Someone who has renounced his or her U.S. citizenship;
  • Free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify her or him from obtaining a concealed weapons license; or
  • Subject to a protection order issued under state law that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.7

Concealed Carry Licenses 

The 2016 law retains the licensing process to allow individuals who wish to carry concealed handguns outside of Idaho to do so in states that require licenses. Whether the state recognizes Idaho permits, however, depends on the law of that state.

Under the 2016 law, individuals between the ages of 18 and 21 may also obtain a license to carry a loaded, concealed handgun8. Individuals over 18 years of age, however, are not required to have a license to carry a concealed handgun outside the limits of or confines of any city, if the person is not otherwise disqualified.9

Idaho is a “shall issue” state, meaning that a county sheriff must issue a concealed weapons license if an applicant meets certain qualifications.10

Any person applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed license application. Within five days after the filing of an application, the sheriff must forward the applicant’s completed license application and fingerprints to the Idaho State Police.11 The State Police must conduct a national fingerprint-based records check, an inquiry through the NICS database, and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and return the results to the sheriff within 60 days.12

Additional application requirements, as well as permit suspension and disqualification information, are detailed under Idaho Code Ann. § 18-3302.))

Firearm Safety Training

A county sheriff may also require an applicant to demonstrate familiarity with a firearm.13 An applicant may meet demonstrate familiarity if he or she “[i]s licensed or has been licensed to carry a firearm in [Idaho] or a county or municipality, unless the license has been revoked for cause.”14

Duration & Renewal

Idaho concealed weapons licenses are valid for five years from the date of issuance.15 Licenses may be renewed for five-year periods, and renewal applicants must complete an application and undergo a new background check.16

Disclosure or Use of Information

Upon issuing a license under the state law, the county sheriff will notify the ISP on a form or in a manner prescribed by the ISP.17 Information relating to an applicant or licensee received or maintained pursuant to state law by the county sheriff or ISP is confidential and exempt from disclosure under state law.18

Idaho also makes confidential any information relating to a retired law enforcement officer that is maintained or received pursuant to a concealed weapon permit or application for a permit.19

Reciprocity

Any person who has a valid permit from a state or local law enforcement agency or court authorizing him or her to carry a concealed weapon in another state does not need to obtain a concealed weapons license under state law.20 However, a permit issued in another state will only be considered valid if the permit is in the licensee’s physical possession.21 Under state law, the state attorney general is required to negotiate reciprocal agreements with other states in order to recognize out-of-state licenses to carry concealed firearms.22

For a list of states with which Idaho has signed formal reciprocity agreements, see the Idaho Permit Reciprocity page, maintained by the Idaho Attorney General.

Enhanced Licenses to Carry Concealed Weapons

Idaho enacted a law in 2015 providing for the issuance of “enhanced” licenses to carry concealed weapons.23 The rules and application procedures applicable to licensed to carry concealed weapons above are generally applicable to enhanced licenses as well, except that enhanced license holders must also be over the age of 21, have been a legal resident of the state of Idaho for at least six consecutive months immediately before applying for a license, and must have successfully completed a qualifying handgun course within the 12 month period immediately preceding filing the application.24 County sheriffs must issue an enhanced license to applicants who meet these qualifications.25

 

Notes
  1. Idaho Code Ann. § 18-3302(3)(f). ⤴︎
  2. See 21 U.S.C. § 802. ⤴︎
  3. Idaho Code Ann. § 18-210. ⤴︎
  4. See Idaho Code Ann. § 66-317. ⤴︎
  5. See Idaho Code Ann. § 66-317. ⤴︎
  6. See Idaho Code Ann. § 15-5-101(a). ⤴︎
  7. Idaho Code Ann. § 18-3302(11). ⤴︎
  8. Idaho Code Ann. § 18-3302(20). ⤴︎
  9. Idaho Code Ann. § 18-3302(3)(d). ⤴︎
  10. Idaho Code Ann. § 18-3302(7), (20). ⤴︎
  11. Idaho Code Ann. § 18-3302(10). ⤴︎
  12. Id. ⤴︎
  13. Idaho Code Ann. § 18-3302(9). ⤴︎
  14. Id. ⤴︎
  15. Idaho Code Ann. § 18-3302(7). ⤴︎
  16. Idaho Code Ann. § 18-3302(16). ⤴︎
  17. Idaho Code Ann. § 18-3302(1), See Idaho Code Ann. § 18-3302. ⤴︎
  18. Idaho Code Ann. § 18-3302(1). See Idaho Code Ann. §§ 18-3302, 9-338. ⤴︎
  19. Idaho Code Ann. §§ 18-3302H(14), 9-340B. ⤴︎
  20. Idaho Code Ann. § 18-3302(5)(g). ⤴︎
  21. Id. ⤴︎
  22. Idaho Code Ann. § 18-3302(23). ⤴︎
  23. 2015 ID H.B. 301, enacting Idaho Code Ann. § 18-3302K. ⤴︎
  24. Idaho Code Ann. § 18-3302K(4). Requirements regarding qualifying handgun courses are outlined in Idaho Code Ann. § 18-3302K(4)(c). ⤴︎
  25. Idaho Code Ann. § 18-3302K(1). ⤴︎

Concealed Weapons Permitting in Illinois

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

On July 9, 2013, Illinois adopted the Firearm Concealed Carry Act1 allowing individuals with a valid license to carry a concealed handgun in public.2 A license is not needed to carry a concealed handgun on a person’s own property, including his or her home or fixed place of business.3 Nor is a license needed to carry a concealed handgun on the land or in the home of another person, as long as it is with that person’s permission.4 Apart from the exceptions listed above, a concealed handgun may only be carried in public if the firearm is not in working condition, not immediately accessible, or is carried unloaded in an enclosed container by a person with a valid FOID Card.5

Illinois is a “shall issue” state,6 which means the Department of State Police (DSP) must issue a concealed handgun license it if the applicant meets the following qualifications:7

  • Is at least 21 years old;8
  • Has a currently valid Firearm Owner’s Identification (FOID) Card and at the time of application meets the requirements for the issuance of a FOID Card, and is not prohibited under Illinois or federal law from possessing a firearm;9
  • Has not been convicted or found guilty in Illinois or any other state of:
    • A misdemeanor involving the use or threat of physical force or violence to any person within five years preceding the date of the license application;10 or
    • Two or more violations related to driving while under the influence of alcohol, drugs, intoxicating compounds, or any combination thereof within the five years preceding the date of the license application;11
  • Is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;12
  • Has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the five years preceding the date of the license application; and13
  • Has completed the required firearms training.14

In addition, the applicant must show in the application that he or she has not:

  • Been convicted of a felony;15 and
  • Failed a drug test for a drug which the applicant did not have a prescription within the previous year.16

DSP will conduct a background check on the applicant reviewing all relevant and available federal, state, and local records.17

Any law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety.18 The Concealed Carry Licensing Review Board will consider any objection to an applicant’s eligibility to obtain a license submitted by a law enforcement agency or DSP.19

It is unlawful for a person who is a “street gang member” to knowingly possess, carry, or conceal a firearm on or about his or her person while on any street, road, or other lands (i.e. outside his or her home or fixed place of business) without a valid FOID Card.20 It is also illegal for a “street gang member” without a valid FOID Card to possess or carry any firearm or ammunition that is immediately accessible in a vehicle located on any street, road, or other lands, except inside the person’s home or garage.21

Firearms Safety Training

An applicant for a new license to carry a concealed firearm must provide proof of completion of at least 16 hours of a firearms training course (or combination of courses) approved by DSP.22 The training must cover the following:

  • Firearm safety;23
  • Basic principles of marksmanship;24
  • Care, cleaning, loading, and unloading of a concealable firearm;25
  • All applicable Illinois and federal laws relating to the ownership, storage, carrying, and transportation of a firearm;26 and
  • Instruction on the appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm.27 In addition, an applicant for a new license must provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a concealable firearm consisting of:28 1) A minimum of 30 rounds;29 and 2) 10 rounds from a distance of 5 yards, 10 rounds from a distance of 7 yards, and 10 rounds from a distance of 10 yards at a target approved by DSP.30

DSP and certified firearms instructors recognize up to eight hours of training already completed toward the 16-hour training requirement if the training course is approved by DSP and recognized under the laws of another state.31 DSP accepts up to eight hours of training as completed toward the 16-hour training requirement if the applicant is an active, retired, or honorably discharged member of the United States Armed Forces.32

A certified firearms instructor who knowingly provides or offers to provide a false certification that an applicant has completed required firearms training is guilty of a Class A misdemeanor and the Department of State Police must revoke that instructor’s certification.33

Duration and Renewal

The license is valid for five years from the date of issuance.34 A license will be renewed for a period of five years upon receipt of a completed renewal application which includes a new background check.35 An applicant renewing his or her license must provide proof of completion of at least three hours of a firearms training course or combination of courses approved by DSP.36 An applicant for a renewal must submit a $150 fee.37

Reciprocity

A resident of a state or territory approved by DSP with firearm ownership, possession, and carrying laws that are substantially similar to Illinois’ requirements to obtain a license under the Firearm Concealed Carry Act may apply for a non-resident license.38

Disclosure or Use of Information

DSP maintains a database of license applicants and licensees. The database is available to all federal, state, and local law enforcement agencies, State’s Attorneys, the Attorney General, and authorized court personnel.39 No law enforcement agency, State’s Attorney, Attorney General, or member or staff of the judiciary is to provide any information to a requester who is not entitled to it by law.40

Firearms instructors must maintain a record of each student’s performance for at least five years, and must make all records available to authorized personnel of DSP.41

The Concealed Carry Licensing Review Board reports monthly to the Governor and the General Assembly on the number of objections received, and provides details of the circumstances in which the Board has denied licensure based on the objections of law enforcement or DSP.42 The report shall not contain any identifying information about the applicants.43 Meetings of the Board are not subject to the state Open Meetings Act and records of the Board are not subject to the state Freedom of Information Act.44

 

Notes
  1. 430 Ill. Comp. Stat. 66/1 et seq. ⤴︎
  2. See 430 Ill. Comp. Stat. 66/5. ⤴︎
  3. 720 Ill. Comp. Stat. § 5/24-1(4). ⤴︎
  4. Id. ⤴︎
  5. Id. ⤴︎
  6. 430 Ill. Comp. Stat. § 66/10(a). ⤴︎
  7. Id., 430 Ill. Comp. Stat. § 66/25. ⤴︎
  8. 430 Ill. Comp. Stat. § 66/25(1). ⤴︎
  9. 430 Ill. Comp. Stat. § 66/25(2). ⤴︎
  10. 430 Ill. Comp. Stat. § 66/25(3)(A). ⤴︎
  11. 430 Ill. Comp. Stat. § 66/25(3)(B). ⤴︎
  12. 430 Ill. Comp. Stat. § 66/25(4). ⤴︎
  13. 430 Ill. Comp. Stat. § 66/25(5). ⤴︎
  14. 430 Ill. Comp. Stat. § 66/25(6). ⤴︎
  15. 430 Ill. Comp. Stat. § 66/30(b)(5)(A). ⤴︎
  16. 430 Ill. Comp. Stat. § 66/30(b)(6).  If the applicant has failed such drug test, the provider of the test, the specific substance involved, and the date of the test must be included in the application. ⤴︎
  17. 430 Ill. Comp. Stat. § 66/35. ⤴︎
  18. 430 Ill. Comp. Stat. § 66/15(a). ⤴︎
  19. 430 Ill. Comp. Stat. § 66/20. ⤴︎
  20. 720 Ill. Comp. Stat. § 5/24-1.8. ⤴︎
  21. Id. “Street gang member” means “any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang-related criminal activity, whether in a preparatory, executory, or cover-up phase of any activity, or who knowingly performs, aids, or abets any such activity.” 740 ILCS 147/10. ⤴︎
  22. 430 Ill. Comp. Stat. § 66/75(b). ⤴︎
  23. 430 Ill. Comp. Stat. § 66/75(b)(1). ⤴︎
  24. 430 Ill. Comp. Stat. § 66/75(b)(2). ⤴︎
  25. 430 Ill. Comp. Stat. § 66/75(b)(3). ⤴︎
  26. 430 Ill. Comp. Stat. § 66/75(b)(4). ⤴︎
  27. 430 Ill. Comp. Stat. § 66/75(b)(5). ⤴︎
  28. 430 Ill. Comp. Stat. § 66/75(c). ⤴︎
  29. 430 Ill. Comp. Stat. § 66/75(c)(1). ⤴︎
  30. 430 Ill. Comp. Stat. § 66/75(c)(2). ⤴︎
  31. 430 Ill. Comp. Stat. § 66/75(g). ⤴︎
  32. 430 Ill. Comp. Stat. § 66/75(i). ⤴︎
  33. 430 Ill. Comp. Stat. 66/70(i). ⤴︎
  34. 430 Ill. Comp. Stat. § 66/10(c). ⤴︎
  35. 430 Ill. Comp. Stat. § 66/50. ⤴︎
  36. 430 Ill. Comp. Stat. § 66/75(d). ⤴︎
  37. 430 Ill. Comp. Stat. § 66/60(b). ⤴︎
  38. 430 Ill. Comp. Stat. § 66/40(b), (c). ⤴︎
  39. 430 Ill. Comp. Stat. § 66/10(i). ⤴︎
  40. Id. ⤴︎
  41. 430 Ill. Comp. Stat. § 66/75(f). ⤴︎
  42. 430 Ill. Comp. Stat. 66/20(i). ⤴︎
  43. Id. ⤴︎
  44. 430 Ill. Comp. Stat. 66/20(h). ⤴︎

Concealed Weapons Permitting in Indiana

Indiana does not prohibit a person from carrying a concealed firearm in public if the person has a license.1 Carrying a handgun is permitted, without a license, in or on property that the person carrying the handgun legally controls or when a person is on property another person legally controls if that person consents to the carrying of a handgun on the property.2 Also, a permit is not required to carry a handgun when attending a firearms related event on the property such as a gun show or instructional course; is on on the property to receive firearms related services such as the repair of a firearm; or is engaged in a legal hunting activity.3

Indiana is a “shall issue” state, meaning that the Indiana State Police (ISP) must issue a concealed weapons license if the applicant meets certain qualifications. The Superintendent of the Indiana State Police (Superintendent) shall issue a license to carry a handgun if it appears that the applicant:

  • Has a proper reason for carrying a handgun (i.e., “for the defense of oneself or the state of Indiana;”4 );
  • Is of good character and reputation;
  • Is a citizen of the United States, or not a citizen of the United States but allowed to carry a firearm under federal law; and
  • Is a “proper person” to be licensed.5

A “proper person” is defined as someone who:

  • Does not have a conviction for resisting law enforcement within five years of his or her application;
  • Does not have a conviction for a crime for which he or she could have been sentenced for more than one year;
  • Does not have a conviction for a crime of domestic violence (as defined in § 35-41-1-6.3), unless a court has restored that person’s “right to possess a firearm” under section 35-47-4-7;
  • Is not prohibited by a court order from possessing a handgun;
  • Does not have a record of being an alcohol or drug abuser as defined in Chapter 35-47-1;
  • Does not have documented evidence which would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct;
  • Does not make a false statement of material fact on his or her application;
  • Does not have a conviction for any crime involving an inability to safely handle a handgun;
  • Does not have a conviction for violation of the provisions of Title 35, Article 47 within five years of his or her application;
  • Does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit is less than 23 years of age;
  • Has not been involuntarily committed, other than a temporary commitment for observation or evaluation, to a mental institution by a court, board, commission, or other lawful authority;
  • Has not been adjudicated mentally ill and dangerous or gravely disabled and committed for a ninety day commitment or a regular commitment to a mental health facility;
  • Has not been found by a court to be mentally incompetent, including not guilty by reason of insanity; guilty but mentally ill; or incompetent to stand trial.6

Furthermore, a person is not a “proper person” if he or she:

  • Has a history of minor criminal activity which would give rise to a reasonable belief that he or she has a propensity for violent or emotionally unstable conduct;
  • Is found, upon a standard of reasonable belief, not to be emotionally stable; or
  • Makes a false statement of material fact on his or her application.7

A license to carry a handgun may not be issued to any person who:

  • Has been convicted of a felony;
  • Has had a license to carry a handgun suspended, unless the person’s license has been reinstated;
  • Is under 18 years of age;
  • Is under 23 years of age if the person has been adjudicated a delinquent child for an act that would be a felony if committed by an adult; or
  • Has been arrested for a Class A or Class B felony, or any other felony that was committed while armed with a deadly weapon or that involved the use of violence, if a court has found probable cause to believe that the person committed the offense charged.8

Licenses to carry handguns are either “qualified” or “unlimited.”9 A qualified license will be issued for hunting and target practice only. An unlimited license is issued for the purpose of the protection of life and property.

The Superintendent must include information concerning handgun safety rules with every issued license, that:

  • Neither opposes nor supports an individual’s right to bear arms;
  • Is recommended by a nonprofit educational organization that is dedicated to providing education on safe handling and use of firearms;
  • Is prepared by the ISP; and
  • Is approved by the Superintendent.10

Firearms Safety Training

Indiana does not require applicants for a license to carry a handgun to undergo training or testing in firearms safety.

Duration & Renewal

A license to carry a handgun is valid for a period of four years from the date of issue in the case of a “four (4) year license,” but for the lifetime of the individual in the case of a “lifetime license.”11 The licenses of police officers, sheriffs or their deputies, and law enforcement officers of the United States government who have been honorably retired by a lawfully created pension board or its equivalent after 20 or more years of service are lifetime licenses.12 However, lifetime licenses are automatically revoked if the license holder does not remain a “proper person” to carry a handgun.13

Disclosure or Use of Information

The following information is confidential, may not be published, and is not open to public inspection:

  • Information submitted by a person to obtain or renew a license to carry a handgun;
  • Information obtained by a federal, state, or local government entity in the course of an investigation concerning a person who applies to obtain or renew a license to carry a handgun; and
  • The name, address, and any other information that may be used to identify a person who holds a license to carry a handgun issued under this chapter.14

However, information may be released to a government entity for law enforcement purposes or to determine the validity of a license. In addition, general information that does not disclose the identity of a person who holds a license to carry a handgun may be released for purposes of journalistic or academic research.15

Reciprocity

Licenses to carry handguns, issued by other states or foreign countries, will be recognized according to the terms in the license and of the issuing state or country, but only while the holders are not residents of Indiana.16

Also, if the applicant is a resident of another state and has a regular place of business or employment in Indiana, he or she must apply for an Indiana license to carry a handgun to the sheriff of the county in which the applicant has a regular place of business or employment.17

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Ind. Code Ann. § 35-47-2-1. ⤴︎
  2. Id. ⤴︎
  3. Id. ⤴︎
  4. See Ind. Code Ann. § 35-47-1-8; Schubert v. DeBard, 398 N.E.2d 1339, 1341 (Ind. Ct. App. 1980). ⤴︎
  5. Ind. Code Ann. § 35-47-2-3. ⤴︎
  6. Ind. Code Ann. § 35-47-1-7. ⤴︎
  7. 240 Ind. Admin. Code 3-1-1. ⤴︎
  8. Ind. Code Ann. § 35-47-2-3. ⤴︎
  9. Ind. Code Ann. § 35-47-2-4(a). ⤴︎
  10. Ind. Code Ann. § 35-47-2-3. Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Ind. Code Ann. §§ 35-47-2-3 through 35-47-2-6. ⤴︎
  11. Ind. Code Ann. §§ 35-47-2-3; 35-47-2-4. ⤴︎
  12. Ind. Code Ann. § 35-47-2-3. ⤴︎
  13. Id. ⤴︎
  14. Ind. Code Ann. § 35-47-2-3. ⤴︎
  15. Id. ⤴︎
  16. Ind. Code Ann. § 35-47-2-21. ⤴︎
  17. Ind. Code Ann. § 35-47-2-3(a)(3). ⤴︎

Concealed Weapons Permitting in Iowa

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Iowa allows a person to carry a concealed firearm within city limits if the person has a concealed weapons permit.1 Iowa is a “shall issue” state, meaning that law enforcement must issue a concealed weapons permit to an applicant that is not prohibited under state criteria from obtaining a permit. In Iowa, any person not disqualified under the state eligibility requirements discussed below and who satisfies state training requirements shall be issued a “nonprofessional” permit to carry weapons.2 “Professional” permits are issued for persons employed in the following professions, if the person’s position in that profession reasonably justifies that person going armed: 1) private investigation business or private security business licensed under Iowa Code, Chapter 80A; 2) peace officer; 3) correctional officer; 4) security guard; 5) bank messenger; 6) person transporting property of a value requiring security; or 7) police work.3

No person will be issued a professional or nonprofessional permit to carry weapons if the person:

  • Is less than age 18 for a professional permit or less than age 21 for a nonprofessional permit;
  • Is addicted to the use of alcohol;
  • Probable cause exists to believe, based upon documented specific actions of the person, where at least one of the actions occurred within two years immediately preceding the date of the permit application, that the person is likely to use a weapon unlawfully or in such other manner as would endanger himself or herself or another person;
  • Is subject to the firearm possession, receipt, transportation or control prohibitions of Iowa Code § 724.26; and
  • Has, within the previous three years, been convicted of any serious or aggravated misdemeanor defined in Iowa Code Chapter 708 not involving the use of a firearm or explosive; or
  • Is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.4

Firearm Safety Training

All applicants for a nonprofessional permit to carry firearms must satisfy state training requirements.5 Applicants may demonstrate knowledge of firearm safety by any of the following:

  • Completion of any National Rifle Association handgun safety training course;
  • Completion of any handgun safety training course available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the National Rifle Association or the Iowa Department of Public Safety or another state’s department of public safety, state police department, or similar certifying body;
  • Completion of any handgun safety training course offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement or security enforcement agency approved by the department of public safety;
  • Completion of small arms training while serving with the armed forces of the United States as evidenced by any of the following:
    • For personnel released or retired from active duty, possession of an honorable discharge or general discharge under honorable   conditions; or
    • For personnel on active duty or serving in one of the national guard or reserve components of the armed forces of the United States, possession of a certificate of completion of basic training  with a service record of successful completion of small arms training and qualification; or
  • Completion of a law enforcement agency firearms training course that qualifies a peace officer to carry a firearm in the normal course of the peace officer’s duties.6
  • Satisfactory completion of safety training may be documented by:
  • A photocopy of a certificate of completion or any similar document indicating completion of any course or class identified in the aforementioned list;
  • An affidavit from the instructor, school, organization, or group that conducted or taught a course or class attesting to the completion of the course or class by the applicant; or
  • A copy of any document indicating participation in any firearms shooting competition.7

For permit renewals, the training program requirements apply, or the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the National Rifle Association or the Department of Public Safety or another state’s department of public safety, state police department, or similar certifying body.8 This training or qualification must occur within the 12-month period prior to the expiration of the applicant’s current permit.9

Duration & Renewal

A nonprofessional permit shall be valid for five years.10

Disclosure or Use of Information

Iowa does not have any specific requirements regarding the disclosure or use of the information gathered from concealed weapons permit holders or applicants for a concealed weapons permit. Iowa’s Commissioner of Public Safety maintains a permanent record of all valid permits to carry weapons and of current permit revocations.11

Reciprocity

Iowa recognizes licenses issued by other states, so long as the license holder is not a resident of Iowa.12

Brady Exemption

Concealed weapons permit holders in Iowa are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Iowa Background Checks section.

Notes
  1. Iowa Code § 724.4(1), (4)(i). No permit is required to carry a concealed firearm outside city limits. Id. ⤴︎
  2. Iowa Code § 724.7(1). ⤴︎
  3. Iowa Code § 724.6(1). ⤴︎
  4. Iowa Code § 724.8. Application requirements and the background check process are detailed under Iowa Code §§ 724.10 and 724.11. Permit suspension and revocation provisions are outlined under Iowa Code § 724.13 and § 724.21A. Additional information on the prohibited categories and applicant procedures for a permit is described under Iowa Admin. Code r. 661-91.4 and 661-91.3. ⤴︎
  5. Iowa Code § 724.7(1). ⤴︎
  6. Iowa Code § 724.9(1). ⤴︎
  7. Iowa Code § 724.9(2). ⤴︎
  8. Iowa Code § 724.11(1). ⤴︎
  9. Id. See also Iowa Admin. Code r. 661-91.1. ⤴︎
  10. Iowa Code § 724.7. ⤴︎
  11. Iowa Code § 724.23. ⤴︎
  12. Iowa Code § 724.11A. ⤴︎

Concealed Weapons Permitting in Kansas

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2015, Kansas passed S.B. 45 into law, authorizing anyone 21 years of age and older to carry a concealed firearm on their person without a license or permit.  Individuals under 21 years of age may only do so when on their own land, abode, or fixed place of business.1

Despite this permitless carry provision, Kansas law still authorizes the Attorney General to issue concealed handgun licenses, which are valid throughout the state for four years after the date they are issued.2  The law makes clear, however, that “the availability of [such] licenses . . . shall not be construed to impose a general prohibition on the carrying of handguns without such license, whether carried openly or concealed, or loaded or unloaded.”3

Since January 1, 2007, Kansas has been a “shall issue” state, meaning that the Attorney General must issue a concealed handgun license to applicants who meets certain qualifications.4 The Attorney General must issue a license if the applicant:

  • Is a resident of the county where the application is made and is a resident of the state;
  • Is 21 years of age or older;
  • Is not prohibited from possessing a firearm under federal or Kansas law; and
  • Presents evidence satisfactory to the attorney general that he or she has satisfactorily completed a weapons safety and training course approved by the attorney general (see below for further information).5

However, Kansas law gives the sheriff of the applicant’s county of residence or the chief law enforcement officer of any law enforcement agency discretion to submit, within 45 days after receipt of the application, a voluntary report to the Attorney General containing readily discoverable information corroborated through public records, which, when combined with another enumerated factor establishes that the applicant poses a significantly greater threat to law enforcement or the public at large than the average citizen.6 The Attorney General must either issue the license within 90 days or deny the application based solely on the report submitted by the sheriff or other chief law enforcement officer or grounds that the applicant is legally disqualified.7 If the Attorney General denies the application, the Attorney General must notify the applicant in writing, stating the ground for denial and informing the applicant the opportunity for a hearing pursuant to the Kansas Administrative Procedure Act.8

Firearm Safety Training

An applicant for a Kansas concealed handgun license must present evidence satisfactory to the Attorney General that he or she has satisfactorily completed a handgun safety and training course approved by the attorney general.9

The Attorney General is required to adopt rules and regulations establishing procedures and standards for the eight-hour handgun safety and training course.10 Such standards must include:

  • A requirement that trainees receive training in the safe storage of handguns, actual firing of weapons, and instruction in Kansas laws governing the carrying of concealed handguns and the use of deadly force;
  • General guidelines for courses which are compatible with the industry standard for basic handgun training for civilians;
  • Qualifications for instructors; and
  • A requirement that the course be certified or sponsored by the National Rifle Association or a law enforcement agency, college, private or public institution or organization or handgun training school approved by the attorney general.11

Safety and training courses taken outside the state of Kansas can satisfy Kansas’ CCW permitting requirement if the Attorney General has certified that the out-of-state course meets or exceeds the standards set by Kansas law.12

The following constitutes sufficient evidence of satisfactory completion of an approved handgun safety and training program:

  • Evidence of completion of the course in the form provided by rules and regulations adopted by the attorney general; or
  • An affidavit from the instructor, school, club, organization or group that conducted or taught such course attesting to the completion of the course by the applicant.13

Duration & Renewal

Kansas licenses to carry concealed weapons are valid for a period of four years from the date of issuance.14 The Attorney General must mail a notice of expiration and renewal form to the license holder at least 90 days prior to the expiration date of the license.15 A law enacted in Kansas in 2010 removed the requirement that the license holder re-qualify by completion of an approved weapons safety and training course.16

Disclosure or Use of Information

Kansas does not allow personal application or license information of concealed weapons license holders to be made public. Records relating to persons issued licenses, applicants for licenses, or persons denied licenses are confidential and must not be disclosed in a manner which enables identification of any such person.17 However, records of a person whose license has been suspended or revoked are subject to public inspection. In addition, the attorney general maintains an automated listing of license holders and pertinent information, and such information is available upon request at all times to all law enforcement agencies when requested for a legitimate law enforcement purpose.18

Reciprocity

Since Kansas passed S.B. 45 into law in 2015, any person 21 years of age and older may carry a concealed firearm on their person without a license or permit. 19

 

Notes
  1. Kan. Stat. Ann. § 21-6302(4). ⤴︎
  2. See Kan. Stat. Ann. § 75-7c03(a). ⤴︎
  3. Id. ⤴︎
  4. Kan. Stat. Ann. § 75-7c03. ⤴︎
  5. Kan. Stat. Ann. § 75-7c04. A law enacted in Kansas in 2010 removed a number of disqualifying categories which had previously prevented certain other individuals from obtaining licenses. See 2010 Kan. SB 306 (effective July 1, 2010), amending Kan. Stat. Ann. § 75-7c04. ⤴︎
  6. Kan. Stat. Ann. § 75-7c05(c)(2). ⤴︎
  7. Kan. Stat. Ann. § 75-7c05(e)(2). ⤴︎
  8. Id. Additional application and background check requirements, as well as license suspension and disqualification information, are detailed under Kansas Statutes Annotated §§ 75-7c03—75-7c05, and Kan. Admin. Regs. §§ 16-11-5, 16-11-8. ⤴︎
  9. Kan. Stat. Ann. § 75-7c04(b). ⤴︎
  10. Kan. Stat. Ann. § 75-7c04(b). ⤴︎
  11. Id. The attorney general has established standards pursuant to this provision. See Kan. Admin. Regs. §§ 16-11-2—16-11-4 for details. ⤴︎
  12. Kan. Stat. Ann. § 75-7c04(b)(2)(C). ⤴︎
  13. Kan. Stat. Ann. § 75-7c04(b)(2). ⤴︎
  14. Kan. Stat. Ann. § 75-7c03(a). ⤴︎
  15. Kan. Stat. Ann. § 75-7c08. ⤴︎
  16. 2010 Kan. SB 306 (effective July 1, 2010). ⤴︎
  17. Kan. Stat. Ann. § 75-7c06. ⤴︎
  18. Id. ⤴︎
  19. Kan. Stat. Ann. § 21-6302(4). ⤴︎

Concealed Weapons Permitting in Kentucky

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Kentucky does not prohibit a person from carrying a concealed deadly weapon in public if the person has a license.1 Kentucky is a “shall issue” state, meaning that the Kentucky Department of State Police (“DSP”) must issue a license to carry a concealed deadly weapon if the applicant meets certain qualifications.2 An applicant for a license to carry a concealed deadly weapon must:3

  • Be a United States citizen or a person lawfully admitted to the United States;
  • Be 21 years of age or older;
  • Be eligible to possess a firearm under state and federal law;
  • Not have been committed to a facility for abuse of a controlled substance or been convicted of a misdemeanor related to controlled substances, within the previous three years;
  • Not have been convicted two or more times of driving under the influence or involuntarily committed to a hospital for treatment as an alcoholic, within the previous three years;
  • Not owe a child support arrearage equaling or exceeding one year of nonpayment, if DSP have been notified of the arrearage by the Cabinet for Health and Family Services;
  • Have complied with any subpoena or warrant relating to child support or paternity proceedings, unless the Cabinet for Health and Family Services does not notify DSP of the proceedings; and
  • Not have been convicted of assault or “terroristic threatening” within the preceding three years, unless DSP has waived this requirement based on good cause and a determination that the applicant is not a danger.4

Firearm Safety Training

Kentucky law requires that an applicant demonstrate “competence with a firearm by successful completion of a firearms safety or training course that is conducted by a firearms instructor who is certified by a national organization that certifies firearms instructors and includes the use of written tests, in person instruction, and a component of live-fire training, or a firearms safety course offered or approved by the Department of Criminal Justice Training.”5 The course offered or approved by the Department of Criminal Justice Training must be no more than eight hours in length, and include instruction on the safe use of handguns, the care and cleaning of handguns, and handgun marksmanship principles. The course must include actual range firing of a handgun in a safe manner, and the firing of not more than 20 rounds at a full-size silhouette target, during which firing, not less than 11 rounds must hit the silhouette portion of the target. The course must also include information on and a copy of Kentucky laws relating to possession and carrying of firearms, and the Kentucky laws relating to the use of force.6 The applicant must also demonstrate knowledge of the law regarding the justifiable use of force by including with the application a copy of the concealed carry deadly weapons legal handout made available by the Department of Criminal Justice Training and a signed statement that indicates that applicant has read and understands the handout.7

Duration & Renewal

Kentucky licenses to carry concealed deadly weapons are valid for five years from the date of issuance.8 Kentucky law prevents a license from being renewed without a background check, including a NICS check, and a determination that the applicant is eligible for the license.9 Kentucky law also prevents a license from being renewed more than six months after its expiration date; at that time the license is deemed permanently expired and the licensee must reapply for licensure.10

Disclosure or Use of Information

Kentucky law requires DSP to maintain an automated listing of persons with licenses to carry concealed deadly weapons and other pertinent information.11 The database must be available at all times online to all law enforcement agencies who request information relating to a named licensee. However, DSP must deny a request for the entire list of licensees or for all licensees in a geographic area. Information relating to license applicants and holders must otherwise remain confidential.12

Reciprocity

Kentucky law allows a person who has a valid license to carry a concealed deadly weapon from another state to carry a concealed deadly weapon in Kentucky.13 In addition, Kentucky law requires DSP to enter into written reciprocity agreements with other states so that Kentucky license holders may carry concealed deadly weapons in the other state either on the basis of a Kentucky-issued concealed deadly weapon license, or because the other state will issue its own license to carry concealed deadly weapons based upon a Kentucky concealed deadly weapon license.14

Notes
  1. See Ky. Rev. Stat. Ann. § 527.020(4). Kentucky law also permits a person to carry a concealed deadly weapon without a license in the following circumstances: (a) if he or she is the owner of the property or has the permission of the owner of the property, on real property which he or his or her spouse, parent, grandparent, or child owns; (b) if he or she is the lessee of the property or has the permission of the owner of the property, on real property which he or his or her spouse, parent, grandparent, or child owns; or (c) if he or she is the sole proprietor of the business, on real property owned or leased by the business. Ky. Rev. Stat. Ann. § 527.020(9). ⤴︎
  2. Ky. Rev. Stat. Ann. § 237.110(4). ⤴︎
  3. Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Ky. Rev. Stat. Ann. § 237.110 and under 502 Ky. Admin. Regs. 11:010-11:070. ⤴︎
  4. Ky. Rev. Stat. Ann. § 237.110(4). ⤴︎
  5. Ky. Rev. Stat. Ann. § 237.110(4)(i). See 503 Ky. Admin. Regs. 4:010-4:060 for more details regarding these courses. ⤴︎
  6. Ky. Rev. Stat. Ann. § 237.110(4)(i). ⤴︎
  7. Ky. Rev. Stat. Ann. § 237.110(4)(j). ⤴︎
  8. Ky. Rev. Stat. Ann. § 237.110(2)(b). In order to renew a license, the license holder must send to the sheriff of the county in which he or she resides a renewal form, a notarized affidavit stating that he or she remains qualified to hold the license, and the $60 renewal fee. Ky. Rev. Stat. Ann. § 237.110(7), (14); 502 Ky. Admin. Regs. 11:050 § 4. For additional information on concealed deadly weapon training classes, see Ky. Rev. Stat. Ann. § 237.110(22); on firearms trainer requirements, see Ky. Rev. Stat. Ann. §§ 237.120 and 237.122. ⤴︎
  9. Ky. Rev. Stat. Ann. § 237.110(3), (14). ⤴︎
  10. Ky. Rev. Stat. Ann. § 237.110(14)(c). ⤴︎
  11. Ky. Rev. Stat. Ann. § 237.110(10). ⤴︎
  12. Id. ⤴︎
  13. Ky. Rev. Stat. Ann. § 237.110(20)(a). ⤴︎
  14. Ky. Rev. Stat. Ann. § 237.110(20)(b). Full-time paid peace officers of a government agency from another state or the United States or an elected sheriff from another territory of the United States may carry a concealed weapon in Kentucky, on or off duty, if the other state or territory accords to equivalent peace officers or sheriffs from Kentucky the same rights by law. Ky. Rev. Stat. Ann. § 527.020(7)(a). Such persons, however, may not carry concealed weapons in detention facilities. Ky. Rev. Stat. Ann. § 527.020(7)(b). ⤴︎

Concealed Weapons Permitting in Louisiana

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Louisiana does not prohibit a person from carrying a concealed handgun in public if the person has a permit.1 However, Louisiana prohibits the “negligent carrying of a concealed handgun,” which applies regardless of whether a person is licensed under state law, and includes carrying a concealed handgun, intentionally or with criminal negligence, when it is foreseeable that the handgun may discharge.2

Louisiana is a “shall issue” state, meaning that Department of Public Safety and Corrections must issue a concealed handgun permit if the applicant meets certain qualifications.3 Applicants must:

  • Be a Louisiana resident (a 2011 law removed the requirement that the applicant have been a Louisiana resident for at least six months);
  • Be 21 years of age or older; and
  • Be eligible to possess a firearm under federal law.4

In addition, applicants must not:

  • Suffer from “mental or physical infirmity due to disease, illness, or retardation” which prevents the safe handling of a handgun;
  • Be ineligible to possess a firearm due to a felony conviction, other than certain non-violent felony convictions more than ten years old that have been expunged, and convictions for which a full pardon was granted;
  • Have been institutionally committed, either voluntarily or involuntarily, for the abuse of a controlled dangerous substance, or been found guilty of, or entered a plea of guilty or no contest to a misdemeanor relating to a controlled dangerous substance within the last five years, or be presently charged with such an offense;
  • Chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired, which shall be presumed if the applicant has been found guilty of, or entered a plea of guilty or no contest to, operating a vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment as an alcoholic within the last five years;
  • Have entered a plea of guilty or no contest to, or been found guilty of, a violent crime at the misdemeanor level, unless five years have elapsed since completing the sentence or any other conditions set by the court have been fulfilled, or the conviction was set aside and the prosecution dismissed prior to the date on which the application is submitted;
  • Have been convicted of, have entered a plea of guilty or no contest to, or be charged with any crime of violence or any crime punishable by imprisonment for a term of one year or more;
  • Be a fugitive from justice;
  • Be an unlawful user of, or addicted to, marijuana, depressants, stimulants, or narcotic drugs;
  • Have been adjudicated to be mentally deficient or been committed to a mental institution (unless the applicant’s right to possess a firearm has been legally restored);
  • Be an illegal alien in the United States;
  • Have been discharged from the Armed Forces of the United States with a discharge characterized as “Under Other than Honorable Conditions,” a “Bad Conduct Discharge” or a “Dishonorable Discharge;”
  • Have a history of engaging in violent behavior. There is a rebuttable presumption that an applicant has a history of engaging in violent behavior upon proof that, within the last 10 years, the applicant has, on three or more occasions, been arrested for or charged with any “crime of violence”, or has on two or more occasions been arrested for or charged with any crime of violence punishable by death;
  • Have had a permit denied within one year prior to the most recent application; or
  • Have had a permit revoked within four years prior to the most recent application.5

In 2014, Louisiana enacted a law prohibiting the carrying of concealed weapons by anyone convicted of  “domestic abuse battery” if the person completed the sentence, probation, or parole within the last ten years.6

Prior to issuing a concealed handgun permit, the Department must conduct “a thorough background investigation, including a criminal history check, of every applicant, [including] a computer check of available on-line state records, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check.”7

A concealed handgun permit may also be issued by the chief law enforcement officer of a parish (valid only within the parish), by the deputy secretary of the Department (if the applicant already has a permit issued by the chief law enforcement officer of the parish in which the applicant is officially domiciled, and is bonded in the amount of $5,000), or by the sheriff of a parish.8  Louisiana enacted a law in 2013 authorizing a parish’s sheriff to enter into a reciprocity agreement with the sheriff of a contiguous parish to authorize both sheriffs to issue concealed handgun permits to qualified persons. Those permits are valid within the boundaries of the participating contiguous parishes.9

A temporary concealed handgun permit may be issued by the Department of Public Safety and Corrections to a qualifying applicant who has obtained a domestic abuse protective order against a family member, household member, or intimate partner.10  Applicants for a temporary concealed handgun permit must comply with and meet all of the qualifications set forth in Louisiana’s concealed handgun permit law, except that they do not need to comply with the safety training requirement.11  Temporary concealed handgun permits are valid for up to 45 days.12

Firearm Safety Training

The applicant must also demonstrate competence with a handgun, usually by completing a specified or approved course or class within the previous year.13  However, Louisiana waives its firearm safety training requirement for individuals who have obtained a domestic abuse protective order against a family member, household member, or intimate partner, allowing such individuals to apply for a temporary concealed handgun permit valid for up to 45 days without completing a safety training course.14

Duration & Renewal

Louisiana passed a law in 2010 extending the duration of concealed handgun permits from four to five years.15

Disclosure or Use of Information

Louisiana does not allow personal application or permit information of concealed handgun permit holders to be made public. Such information is confidential and not subject to a public records request. However, the Department may provide statistical information which does not identify individual applicants or permittees.16

The Department must submit a report by March 31st of each year to the Legislature relative to concealed handgun permits. The report must include information – categorized by age, sex, race, and zip code of the applicant or licensee – on the number of licenses issued, denied, revoked, or suspended and the reasons for such denial, revocation, or suspension. The report must also include data concerning any known accidents or deaths involving permittees.17

Reciprocity

Louisiana law provides that a valid concealed handgun permit issued in another state is valid in Louisiana if the person is not a Louisiana resident,18 and the permit was issued by a state that recognizes Louisiana concealed handgun permits.19

Louisiana law specifies that temporary concealed handgun permits issued to individuals who have obtained a domestic abuse protective order against a family member, household member, or intimate partner are not valid outside of Louisiana, even pursuant to other states’ reciprocity agreements.20

 

Notes
  1. La. Rev. Stat. §§ 40:1379.1(M), 40:1379.3(L). ⤴︎
  2. La. Rev. Stat. § 40:1382(A). ⤴︎
  3. La. Rev. Stat. § 40:1379.3(A)(1). ⤴︎
  4. La. Rev. Stat. § 40:1379.3(C). ⤴︎
  5. La. Rev. Stat. § 40:1379.3(C). ⤴︎
  6. La. Rev. Stat. § 14:95.10. ⤴︎
  7. La. Rev. Stat. § 40:1379.3(K). ⤴︎
  8. La. Rev. Stat. §§ 40:1379.1(G), (H), 40:1379.1.1(A). Permits issued by the deputy secretary of the Department may be subject to certain “restrictive stipulations.” La. Rev. Stat. § 40:1379.1(H). Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 40:1379.1, 40:1379.3, and 14:95.1. ⤴︎
  9. La. Rev. Stat. § 40:1379.1.1(B). ⤴︎
  10. 2016 La. H.B. 1155 (signed by the Governor on June 9, 2016), creating La. Rev. Stat. § 40:1379.3.2. ⤴︎
  11. Id. ⤴︎
  12. Id. ⤴︎
  13. La. Rev. Stat. § 40:1379.3(D). ⤴︎
  14. See 2016 La. H.B. 1155 (signed by the Governor on June 9, 2016), creating La. Rev. Stat. § 40:1379.3.2. ⤴︎
  15. La. Rev. Stat. § 40:1379.3(H)(2). ⤴︎
  16. La. Rev. Stat. § 40:1379.3(A)(2). ⤴︎
  17. La. Rev. Stat. § 40:1379.3(R)(2). ⤴︎
  18. See La. Rev. Stat. § 1379.3(B)(requiring a Louisiana resident to have a permit issued by Louisiana in order to carry a concealed handgun in Louisiana). ⤴︎
  19. La. Rev. Stat. § 40:1379.3(B), (T). ⤴︎
  20. See 2016 La. H.B. 1155 (signed by the Governor on June 9, 2016), creating La. Rev. Stat. § 40:1379.3.2. ⤴︎

Concealed Weapons Permitting in Maine

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Permitless Carry

Maine law allows any individual who is 21 years of age or older and who is not generally prohibited from possessing firearms to carry a concealed handgun in public without obtaining a permit.1 As described below, Maine’s permitting system remains in place, and there are still reasons why one might choose to obtain a concealed handgun permit. For example, holders of Maine concealed handgun permits are also allowed to carry concealed handguns in some other states.

The only requirements imposed on people who carry handguns in public without a permit under Maine’s 2015 law are that:

  • they must be 21 years of older and not generally prohibited from possessing firearms;
  • upon purchase of a handgun, they must sign in the presence of the firearms dealer an acknowledgment saying that they have received the firearms safety brochure developed by the State Police, and retain the acknowledgement; and
  • upon contact with a law enforcement officer, they must inform the officer that they are carrying a concealed handgun.2

Concealed Handgun Licenses

Maine has traditionally been considered a “may issue” state, meaning that local law enforcement has discretion in determining whether or not to issue a concealed weapons permit to an applicant. In fact, Maine law provides that a permit to carry a concealed handgun “shall” be issued by the local issuing authority (Chief of the State Police or municipal officers or the local chief of police, if designated) to any applicant who “has demonstrated good moral character” and meets other specified criteria.3 Law enforcement has limited discretion in determining whether an applicant has demonstrated good moral character (see below). An applicant who has demonstrated good moral character will be granted a permit if he or she:

  • Is 18 years of age or older;
  • Is not disqualified from possessing a firearm (see the section entitled Prohibited Purchasers Generally);
  • Completes a detailed application that includes any record of previous issuances of, refusals to issue, and revocations of any permit to carry concealed weapons by any issuing authority in Maine or any other jurisdiction, and requests the applicant to answer 32 questions denying, inter alia, certain age restrictions, pending felony charges, felony convictions, other violent crimes or juvenile or other offenses, mental disorders, drug use;
  • Takes whatever action is required by law to allow the issuing authority to obtain from the Department of Health and Human Services, the courts, law enforcement agencies and the military, information relevant to the application; and
  • Demonstrates knowledge of handgun safety, as described below.

In judging the applicant’s “good moral character,” the licensing authority may only consider government records within the preceding five years, including but not limited to records regarding:

  • Incidents of abuse by the applicant upon family or household members;
  • Three or more misdemeanor convictions, or one or more juvenile offense adjudications involving conduct that would have been punishable by less than one year of imprisonment if committed by an adult;
  • The applicant ever engaging in reckless or negligent conduct; or
  • Convictions or juvenile adjudications for certain drug possession or trafficking offenses.4

Firearm Safety Training

An applicant for a Maine concealed handgun permit must demonstrate knowledge of handgun safety by submitting to the issuing authority proof that the applicant has within the previous five years completed a course that included handgun safety offered by or under the supervision of a law enforcement agency or a firearms instructor certified by a private firearms association recognized as knowledgeable in matters of firearms safety by the issuing authority or by the state in which the course was taken.5 As an alternative way of fully satisfying this requirement, an applicant may personally demonstrate knowledge of handgun safety to an issuing authority, if the issuing authority is willing to evaluate an applicant’s personal demonstration of such knowledge. The issuing authority is not required to offer this second option.6

Duration & Renewal

Concealed handgun permits are valid for four years. Permit renewals are also valid for four years.7

Disclosure or Use of Information

In Maine, all applications for a permit to carry a concealed handgun, documents created as part of an application, refusals to issue a permit and any information of record collected by the licensing agency during the process of ascertaining whether an applicant is of “good moral character” and meets the requirements for a permit are confidential and may not be made available for public inspection or copying.8 Furthermore, all proceedings related to the issuance, refusal to issue, or revocation of a permit are not public proceedings, unless requested to be by the applicant.9

However, the licensing authority is required to make a permanent record of each permit to carry a concealed handgun in a suitable book or file kept for that purpose.10 The record must include the information contained in the permit itself and shall be available for public inspection.11 However, Maine has no law specifically requiring this information be collected for law enforcement purposes.

Finally, although municipal officers are required to publish an annual report regarding municipal affairs, such reports cannot contain the names of persons issued concealed handgun permits.12

Reciprocity

Maine enacted a law in 2015 that allows a nonresident to carry a concealed handgun in Maine if that person’s state of residence honors a Maine permit to carry a concealed handgun and that person has obtained a permit to carry a concealed  handgun from the person’s state of residence, regardless of the standards for obtaining a permit from that state. 13

Notes
  1. Me. Stat., 25 § 2001-A(2)(A-1). Note that a Maine “permit to carry a concealed handgun” differs from a Maine “permit to carry a firearm.” A “permit to carry a firearm” is a permit issued to a person formerly prohibited from possessing firearms, whose eligibility to possess firearms has been temporarily restored. ⤴︎
  2. 2015 Me. S.B. 245. ⤴︎
  3. Me. Stat., 25 § 2003(1). ⤴︎
  4. Me. Stat., 25 § 2003(4). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under section 2003 and section 2005-A. Permit revocation information is detailed under section 2005(1). ⤴︎
  5. Me. Stat., 25 § 2003(1)(E)(5). ⤴︎
  6. Id. ⤴︎
  7. Me. Stat., 25 § 2003(8). ⤴︎
  8. Me. Stat., 25 § 2006. ⤴︎
  9. Id. ⤴︎
  10. Id. ⤴︎
  11. Id. ⤴︎
  12. Me. Stat., 30-A § 2801(3-A). ⤴︎
  13. Me. Stat., 25 § 2001-A(2)(F). ⤴︎

Concealed Weapons Permitting in Maryland

Maryland generally prohibits wearing, carrying, or transporting a handgun, whether concealed or open, on or about the person without a permit.1 This prohibition does not apply on real estate that the person owns or leases, where the person resides, or within the confines of a business establishment that the person owns or leases.2

Though Maryland law states that the Secretary of the Maryland State Police (“Secretary”) shall issue a handgun carry permit within a reasonable time to any person who meets the minimum statutory requirements to receive a permit, those minimum requirements provide the Secretary with significant discretion to issue or deny such permits, so Maryland is properly considered a “may-issue” state.3  The Secretary is only required to issue a handgun carry permit when he or she finds, based on an investigation, that the applicant (1) has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another, and (2) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.4

Any person wishing to obtain a handgun carry permit must also:5

  • Be an “adult;”
  • Have no felony convictions or misdemeanor convictions for which a sentence of imprisonment for more than one year has been imposed (unless such a person has been pardoned or successfully petitioned for relief from this prohibition);
  • If under age 30, have no adjudications of delinquency in a juvenile court for any act that would be a felony or “crime of violence” if committed by an adult or for any misdemeanor carrying a statutory penalty of two years or more, and have never been committed to any detention, training or correctional institution for more than one year as a juvenile;
  • Have no convictions involving the possession, use or distribution of controlled substances, and not be presently an alcoholic, addict or habitual user of a controlled dangerous substance, (unless the habitual use of the controlled dangerous substance is under legitimate medical direction); and

Applicants for a first-time permit are required to submit a nonrefundable application fee not to exceed $75.6

A handgun carry permit will be revoked if the permittee no longer satisfies the qualifications to hold a permit or fails to carry the permit any time they carry, wear or transport a handgun.7 Anyone failing to return to the Secretary their revoked permit is criminally liable for a misdemeanor.8

Permittees are criminally liable for a misdemeanor if they wear, carry or transport a handgun while under the influence of alcohol or drugs.9 Maryland also imposes a misdemeanor upon any person who carries, wears or transports a handgun, whether concealed or in open view, without a valid handgun permit. The Secretary of State Police retains the power to limit the geographic area, circumstances, or times in which the handgun permit is effective.10

Firearm Safety Training

To qualify for a handgun permit, applicants must also have successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that includes:

(i)  1.  for an initial application, a minimum of 16 hours of instruction by a qualified handgun instructor; or

2.  for a renewal application, 8 hours of instruction by a qualified handgun instructor;

(ii)  classroom instruction on:

1.  State firearm law;

2.  home firearm safety; and

3.  handgun mechanisms and operation; and

(iii)  a firearms qualification component that demonstrates the applicant’s proficiency and use of the firearm.11

An applicant is exempt from the training course requirement if he or she:

  •  is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;
  •  is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;
  • is a qualified handgun instructor; or
  • has completed a firearms training course approved by the Secretary.12

Duration & Renewal

Maryland handgun carry permits expire “on the last day of the holder’s birth month following 2 years after the date the permit is issued.”13 Permits may be renewed for successive periods of three years each, upon application and payment of a renewal fee.14 Applicants must continue to possess the qualifications set forth in the handgun permitting rules of Maryland Code Ann., Public Safety § 5-306 to renew a permit.15

Disclosure or Use of Information

In Maryland, any information obtained by the Secretary from the Maryland Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services pursuant to the Secretary’s request for a criminal history records check on a handgun permit applicant:

  • Is confidential and may not be disseminated; and
  • Shall be used only for the licensing purpose authorized by Md. Code Ann., Pub. Safety § 5-305.16

Reciprocity

No relevant statutes currently exist, indicating that Maryland does not recognize concealed weapons permits issued in other states.

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Md. Code Ann., Crim. Law § 4-203(a), (b)(2), Md. Code Ann., Pub. Safety § 5-303. ⤴︎
  2. Md. Code Ann., Crim. Law § 4-203(a), (b)(2). ⤴︎
  3. See Md. Code Ann., Pub. Safety § 5-306(a). ⤴︎
  4. Md. Code Ann., Pub. Safety § 5-306(a)(6). ⤴︎
  5. Md. Code Ann., Pub. Safety § 5-306(a), (c). ⤴︎
  6. Md. Code Ann., Pub. Safety § 5-304(b)(2)(i). Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under Md. Code Ann., Pub. Safety §§ 5-304, 5-305 and 5-306. ⤴︎
  7. Md. Code Ann., Pub. Safety § 5-310(a). ⤴︎
  8. Md. Code Ann., Pub. Safety § 5-313. For review procedures for persons denied a permit, see Md. Code Ann., Pub. Safety §§ 5-311 and 5-312. ⤴︎
  9. Md. Code Ann., Pub. Safety § 5-314. ⤴︎
  10. Md. Code Ann., Pub. Safety § 5-307(b). ⤴︎
  11. Md. Code Ann., Pub. Safety § 5-306(a)(5). ⤴︎
  12. Md. Code Ann., Pub. Safety § 5-306(b). ⤴︎
  13. Md. Code Ann., Pub. Safety § 5-309(a). ⤴︎
  14. Md. Code Ann., Pub. Safety § 5-309(b). ⤴︎
  15. Md. Code Ann., Pub. Safety § 5-309(b). ⤴︎
  16. Md. Code Ann., Pub. Safety § 5-305(e). ⤴︎

Concealed Weapons Permitting in Massachusetts

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Massachusetts allows a person to carry a firearm in public if the person has the appropriate license.1

Massachusetts prohibits the possession of a loaded rifle or shotgun on any public way, regardless of whether the possessor has a Firearm Identification Card (FID) or license to carry.2 Unloaded rifles or shotguns may be carried on a public way so long as they are enclosed in a case, and the person has the appropriate permit.3

A license to carry entitles the possessor to purchase, possess, rent, borrow, lease and carry all types of lawful firearms, including handguns and large capacity firearms, and feeding devices and ammunition for these firearms.4 A licensing authority may impose further restrictions it deems proper on the licensee regarding the possession or use of large capacity rifles or shotguns.5

Massachusetts is a “may-issue” state for the issuance of licenses to carry firearms, meaning that the local licensing authority has discretion in determining whether or not to issue either license type to an applicant. It may deny the application or renewal of an applicant, or suspend or revoke a license, if in the “reasonable exercise of discretion,” the licensing authority determines that the applicant or licensee is unsuitable to carry a firearm. A determination of unsuitability must be based on reliable and credible information that the individual has exhibited or engaged in behavior that he or she poses a risk to public safety.6 A license to carry will be revoked or suspended by the licensing authority upon the occurrence of any event that would have disqualified the holder from being issued the license, or if it appears to the licensing authority that the holder is no longer a suitable person to possess the license.7 Upon the denial of an application or renewal, or the suspension or revocation, of a license to carry based on unsuitability, the licensing authority must notify the applicant or licensee of the specific reasons for the determination.8

The licensing authority or the colonel of state police may issue a license to carry to any person who:

  • Resides or has a place of business within the jurisdiction of a particular licensing authority, or any person residing in an area of exclusive federal jurisdiction located within a city or town.9 However, A temporary license to carry firearms may be issued by the colonel of state police to a nonresident of Massachusetts or any person not falling within the jurisdiction of a local licensing authority “for purposes of firearms competition and subject to such terms and conditions as said colonel may deem proper.”10
  • Is a suitable person to be issued such license, and has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only.
  • Has not been convicted or adjudicated a youthful offender or delinquent child;
  • Has not been committed to a hospital or institution for mental illness, alcohol or substance abuse;
  • Is not subject to an order of the probate court appointing a guardian or conservator for a incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicant’s affairs;
  • Is greater than 21 years of age;
  • Is not an alien who does not maintain lawful permanent residency;
  • Is not subject to a temporary or emergency restraining order, or order of protection;
  • Is not currently the subject of an outstanding arrest warrant in any state or federal jurisdiction;
  • Has not been discharged from the armed forces of the United States under dishonorable conditions;
  • Is not a fugitive from justice; or
  • Having been a citizen of the United States, has not renounced that citizenship. ((Mass. Gen. Laws ch. 140, § 131(d).))

The licensing authority has 40 days from the date an application is submitted to approve or deny the application for a license to carry.11

Applicants whose licenses have been revoked or suspended must surrender their license to the licensing authority, and must surrender their firearms.12 Individuals who possess firearms without the proper card or license for the firearm possessed may face fines and prison time.13

See the Licensing of Gun Purchasers / Owners section for further information.

Firearm Safety Training

Persons applying for a license to carry and who were not in possession of a FID or either license type prior to June 1, 1998 must submit a basic firearms safety certificate (“BFSC”) to the licensing authority.14 No application for the issuance of a license to carry will be accepted or processed by the licensing authority without this certificate.15 To obtain a BFSC, an applicant must successfully complete a basic firearms safety course.16

Duration & Renewal

Once issued, a Massachusetts license to carry firearms is valid for up to six years from the date of issue.17

Disclosure or Use of Information

Massachusetts does not allow the names and addresses of license holders to be made public.18 Names and addresses that are exempt from the definition of “public records” include those that:

  • Are contained in or referred to on an application for a license to carry;
  • Appear on sale or transfer forms for any handguns, rifles, shotguns, or machine guns or ammunition; or
  • Appear on an actual license to carry.19

The executive director of the criminal history systems board is required to promulgate rules and regulations “to ensure the prompt collection, exchange, dissemination and distribution of firearms record information…”20

Reciprocity

A non-resident may carry a pistol or revolver in the state when engaging in a firearm competition, while attending any meeting or exhibition of any organized group of firearm collectors, or for the purpose of hunting, if he or she:

  • Is a resident of the United States; and
  • Has a permit or license to carry firearms issued under the laws of any state or local jurisdiction having regulations that prohibit the issuance of permits or licenses to persons who have been convicted of a felony or of the unlawful use, possession or sale of narcotic or harmful drugs; or
  • For a hunter traveling in or through Massachusetts, possesses a hunting or sporting license issued by Massachusetts or the state of his or her destination.21
Notes
  1. Mass. Gen. Laws ch. 269, § 10. ⤴︎
  2. Mass. Gen. Laws ch. 269, § 12D. Exceptions exist for hunting purposes. Id. ⤴︎
  3. Id. For information on the carrying of firearms for hunting, see Mass. Gen. Laws ch. 131, §§ 11, 14, 70. ⤴︎
  4. Mass. Gen. Laws ch. 140, § 131E. ⤴︎
  5. Mass. Gen. Laws ch. 140, § 131(a), (b). ⤴︎
  6. Mass. Gen. Laws ch. 140, § 131. ⤴︎
  7. Mass. Gen. Laws ch. 140, § 131(f). ⤴︎
  8. Mass. Gen. Laws ch. 140, § 131. ⤴︎
  9. Mass. Gen. Laws ch. 140, § 131(d). ⤴︎
  10. Mass. Gen. Laws ch. 140, § 131F. ⤴︎
  11. Mass. Gen. Laws ch. 140, § 131(e). ⤴︎
  12. Mass. Gen. Laws ch. 140, §§ 129D, 131(f). ⤴︎
  13. See Mass. Gen. Laws ch. 269, § 10. ⤴︎
  14. Mass. Gen. Laws ch. 140, § 131P(a). ⤴︎
  15. Id. ⤴︎
  16. 515 Mass. Code Regs. 3.01 et seq. ⤴︎
  17. Mass. Gen. Laws ch. 140, § 131(i). ⤴︎
  18. Mass. Gen. Laws ch. 66, § 10B. ⤴︎
  19. Mass. Gen. Laws ch. 4, § 7 (Twenty-sixth)(j). ⤴︎
  20. Mass. Gen. Laws ch. 6, § 168B. An amendment effective Nov 4, 2012 will transfer this responsibility to the Department of Criminal Justice Information Services. ⤴︎
  21. Mass. Gen. Laws ch. 140, § 131G. ⤴︎

Concealed Weapons Permitting in Michigan

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Michigan generally prohibits any person from carrying a handgun concealed on or about his or her person without a concealed handgun license, other than at his or her own residence, on his or her own land, or at his or her place of business.1

Michigan is a “shall” issue state, meaning that licensing authorities must issue a concealed handgun license if the applicant meets certain qualifications.2 Previously, concealed handgun licenses were issued by each county’s “concealed weapon licensing boards” (CWLB).  However, in 2015 Michigan passed a law to eliminate these licensing boards effective December 1, 2015, and to instead entrust county clerks with the authority to issue concealed handgun licenses on that date.3.

Until December 1, 2015, Michigan has required county sheriffs to conduct a background check through the state law enforcement information network and report his or her finding to the CWLB.4 If the applicant resided in a city, village, or township that has a police department, the CWLB was required to contact that department to determine if it has any information relevant to the applicant’s eligibility under state law to receive a license to carry a concealed handgun.5

Beginning December 1, 2015, however, Michigan law will instead require the Department of State Police to conduct this background investigation through both the state law enforcement information network and the FBI’s NICS database.6 The Department of State Police will be required to report to the county clerk about any statutory disqualifications that apply to the applicant.7

The county clerk shall issue a concealed handgun license if the applicant:8

  • Is 21 years of age or older;
  • Is a citizen of the United States or an alien lawfully admitted into the United States;
  • Is a resident of Michigan, and has resided in Michigan for at least six months;9
  • Has completed a handgun safety training course certified by the state of Michigan or a national or state firearms training organization (see the Firearm Safety Training subsection, below);
  • Is not the subject of specified court orders;10
  • Is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving or distributing a firearm under Michigan law;11
  • Has never been convicted of a felony, and a felony charge is not pending against the applicant;
  • Has not been dishonorably discharged from the United States Armed Forces;
  • Has not been convicted of a misdemeanor violation in the last eight years relating to specified crimes, including but not limited to: serious vehicle offenses; displaying sexually explicit materials to minors; assault or domestic assault; fourth degree child abuse; accosting, enticing, or soliciting a child for immoral purposes; vulnerable adult abuse; solicitation to commit a felony; certain weapons crimes; or stalking;12
  • Has not been convicted of any of a list of other specified misdemeanors in the last three years;13
  • Has not been found “guilty but mentally ill” of any crime and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity;
  • Has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness;
  • Does not have a diagnosed mental illness that includes an assessment that the individual presents a danger to himself or herself or to another at the time the application is made, regardless of whether he or she is receiving treatment for that illness;
  • Is not under a court order of legal incapacity; and
  • Has has a valid state-issued driver license or personal identification card.

Firearm Safety Training

Michigan requires that any applicant for a concealed handgun license, prior to issuance of the license, complete a handgun safety training course certified by the state of Michigan or a national or state firearms training organization.14 Effective December 1, 2015, an applicant will be considered to have satisfied this requirement if he or she has passed an approved handgun safety training course within 5 years preceding the date of his or her application and all the other required conditions are met.15

The safety training course must include at least eight hours of instruction, including five hours of instruction in:

  • The safe storage, use, and handling of a handgun including, but not limited to, safe storage, use, and handling to protect child safety;
  • Ammunition knowledge, and the fundamentals of handgun shooting;
  • Handgun shooting positions;
  • Firearms and the law, including civil liability issues and the use of deadly force. This portion must be taught by an attorney or an individual trained in the use of deadly force;
  • Avoiding criminal attack and controlling a violent confrontation; and
  • All laws that apply to carrying a concealed handgun in Michigan.16

The course also must include at least three hours of instruction on a firing range, firing at least 30 rounds of ammunition.17

The program must provide a certificate of completion that states the program complies with the requirements of state law and that the individual successfully completed the course, signed by the course instructor.18 The instructor also must be certified by Michigan or a state or national organization to teach the safety training course.19

Duration & Renewal

A license to carry a concealed handgun is valid until the licensee’s date of birth that falls not less than four nor more than five years after the license is issued.20 A license may be renewed in generally the same manner required to obtain the original license, except that the safety training education requirements are waived if the applicant certifies that he or she has completed at least three hours of review of the required training and has had at least one hour of firing range time in the six months immediately preceding the renewal application.21

Disclosure or Use of Information

Michigan requires the Department of State Police to maintain a computerized database of individuals who apply for a concealed handgun license. The database may only contain  the following information as to each individual:22

  • The individual’s name, date of birth, address, county of residence, and state-issued driver license or personal identification card number;
  • If the individual is licensed to carry a concealed handgun in Michigan, the license number and date of expiration;
  • If the individual was denied a license to carry a concealed handgun after July 1, 2001 or issued a notice of statutory disqualification, a statement of the reasons for that denial or notice of statutory disqualification;23
  • A statement of all criminal charges pending and criminal convictions obtained against the individual during the license period;
  • A statement of all determinations of responsibility for civil infractions pending or obtained against the individual during the license period; and
  • The status of the individual’s application or license.

Information in the database may only be accessed and disclosed according to an access protocol that includes the following requirements:24

  • That the requestor of the firearms records uses the law enforcement information network or another system that maintains a record of the requestor’s identity, time, and date that the request was made; and
  • Requires the requestor in an intentional query by name of the firearms records to attest that the firearms records were sought under one of the specified lawful purposes.

The county clerk must retain a copy of each concealed handgun license application as an official record until one year after the expiration of the license, at which time the county clerk may destroy the record and maintain only a name index of the record.25

Reciprocity

A concealed handgun license issued to a resident of another state is recognized in Michigan.26

 

Notes
  1. Mich. Comp. Laws Serv. §§ 750.227(2). ⤴︎
  2. Mich. Comp. Laws Serv. § 28.425b(7). ⤴︎
  3. See Mich. S.B. 34, Mich. Comp. Laws Serv. §§ 28.425a, 28.425b(7). ⤴︎
  4. Mich. Comp. Laws Serv. § 28.425b(6). ⤴︎
  5. Id. ⤴︎
  6. Id. ⤴︎
  7. Id. ⤴︎
  8. Mich. Comp. Laws Serv. § 28.425b(7). ⤴︎
  9. However, starting December 1, 2015, the county clerk shall waive the 6-month residency requirement for an emergency license if the applicant is a petitioner for certain personal protection orders, or if the county sheriff determines that there is clear and convincing evidence to believe that the safety of the applicant or the safety of a member of the applicant’s family or household is endangered by the applicant’s inability to immediately obtain a license to carry a concealed handgun. Id.  Beginning December 1, 2015,the county clerk shall also waive the 6-month waiting period if if the applicant holds a valid concealed handgun license issued by another state at the time the applicant’s residency in Michigan is established. Id. ⤴︎
  10. See Mich. Comp. Laws Serv. § 28.425b(7)(d). ⤴︎
  11. See Mich. Comp. Laws Serv. § 750.224f. ⤴︎
  12. See Mich. Comp. Laws Serv. § 28.425b(7)(h). ⤴︎
  13. See Mich. Comp. Laws Serv. § 28.425b(7)(i). ⤴︎
  14. Mich. Comp. Laws Serv. §§ 28.425b(7)(c), 28.425j(1). ⤴︎
  15. Mich. Comp. Laws Serv. § 28.425j(1). ⤴︎
  16. Mich. Comp. Laws Serv. § 28.425j(1)(a). ⤴︎
  17. Mich. Comp. Laws Serv. § 28.425j(1)(b). ⤴︎
  18. Mich. Comp. Laws Serv. § 28.425j(1)(c). ⤴︎
  19. Mich. Comp. Laws Serv. § 28.425j(1)(d). ⤴︎
  20. Mich. Comp. Laws Serv. § 28.425l(2). ⤴︎
  21. Mich. Comp. Laws Serv. § 28.425l(8). ⤴︎
  22. Mich. Comp. Laws Serv. § 28.425e(1). ⤴︎
  23. However, if an individual who was denied a license to carry a concealed handgun after July 1, 2001 or issued a notice of statutory disqualification is subsequently issued a license to carry a concealed handgun, the Department of State Police must delete from the computerized database the previous reasons for the denial or notice of statutory disqualification. Mich. Comp. Laws Serv. § 28.425e(2). ⤴︎
  24. Mich. Comp. Laws Serv. § 28.425e(4). ⤴︎
  25. Mich. Comp. Laws Serv. § 28.425b(4). ⤴︎
  26. Mich. Comp. Laws Serv. § 28.432a(1)(h). ⤴︎

Concealed Weapons Permitting in Minnesota

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Minnesota requires that a person have a valid permit to possess or control a concealable firearm in a public place.1

Minnesota is, generally, a “shall issue” state, meaning that the county sheriff must issue a permit to carry a handgun if the applicant meets certain qualifications.2 When an applicant applies for a permit to carry a handgun, the county sheriff must issue a license if the applicant:

• Is at least 21 years old;

• Is a citizen or permanent resident of the U.S.;

• Has training in the safe use of a handgun;

• Is not prohibited from possessing a firearm because the applicant:

o Has not committed an assault in the fifth degree;3

o Has not committed an assault upon a family member;4

o Has not violated an order of protection within the past three years;5

o Has not committed a stalking crime;6

o Is not a nonresident alien;7

o Is not currently under arrest for a crime against the person;8

o Is not currently released on bail for domestic abuse, harassment, violation of an order for protection, or violation of a domestic abuse no contact order;9

o Is not prohibited from possessing a firearm by any federal law;10 or

o Is not otherwise prohibited from possessing a firearm by Minnesota Statutes § 624.713 (see Prohibited Purchasers Generally in Minnesota for a full list of prohibited persons); and

• Is not listed in the criminal gang investigative data system.11

Note that a sheriff has limited discretion to deny a permit to carry only if there is a “substantial likelihood” that the applicant would be a danger to herself, himself or others if authorized to carry a handgun.12

To ensure that the applicant is qualified for a permit to carry a handgun, the sheriff is required to check criminal histories, records and warrant information relating to the applicant through the Minnesota Crime Information System, and to the extent necessary, the National Instant Criminal Background Check System (“NICS”) and commitment information through the state Commissioner of Human Services.13 The sheriff must also notify the chief of police of the municipality where the applicant resides, so as to give the chief the opportunity to provide any relevant information.14 At least once annually, the sheriff must conduct a background check on a permit holder through the Minnesota Crime Information System and, to the extent necessary, NICS, to ensure continuing eligibility, and may conduct additional background checks at any time the permit is in effect.15 A person who carries, holds or possesses a handgun in a motor vehicle, snowmobile or boat, or on or about the person’s clothes or person, or otherwise in possession or control in a public place without having a permit to carry the handgun is criminally liable for a gross misdemeanor; subsequent offenses are felonies.16

A permit is not required to carry a handgun:

• About a person’s place of business, residence, or land that he or she owns;

• From a place of purchase to the person’s dwelling or place of business, or from the person’s dwelling or business to or from a place of repair;

• Between the person’s dwelling and place of business;

• In the woods, fields, or waters of the state for the purpose of hunting or target shooting in a safe area; or

• In a motor vehicle, snowmobile or boat if it is unloaded and contained in a closed and fastened case, gun box, or securely tied package.17

The sheriff’s failure to notify an applicant that the application has been denied within 30 days of receipt of the application constitutes issuance of the permit to carry and the sheriff must promptly mail the permit to the applicant.18

Firearm Safety Training

Applicants for a permit to carry must have training in the safe use of a handgun within the past year of an original or renewal application.19 Such training may be demonstrated by: 1) employment as a peace officer in Minnesota within the past year; or 2) completion of a firearms safety or training course providing basic training in the safe use of a handgun, conducted by a certified instructor.20

Basic handgun safety training must include:

• Instruction in the fundamentals of handgun use;

• Successful completion of an actual shooting qualification exercise; and

• Instruction in the fundamental legal aspects of handgun possession, carrying, and use, including self-defense and the restrictions on the use of deadly force.21

Instructors must issue a certificate to any person who has completed a firearms safety or training course, which must be signed by the instructor and attest that the person attended and completed the course.22

This requirement does not apply in the case of an emergency permit, which a sheriff may immediately issue if the sheriff determines that the person is in an emergency situation that may constitute an immediate risk to the safety of the person or someone in the person’s household.23

Duration & Renewal

A permit to carry remains in effect for up to five years after the date it is issued and may be renewed “in the same manner and under the same criteria which the original permit was obtained.”24 An emergency permit is valid for 30 days and may not be renewed.25

Disclosure or Use of Information

All data pertaining to applications for permits to carry firearms which are collected by state agencies, political subdivisions or statewide systems pursuant to Minnesota Statutes §§ 624.712 to 624.719 are classified as “private.”26 Thus, that data is not available to the public, but is accessible to the subject of the data.27 In addition, data on persons permitted to carry handguns under the terms of a permit must be shared as required by Minnesota Statutes § 624.714, subd. 6, which requires the sheriff issuing, suspending, or revoking a permit to forward that information to the Commissioner of Public Safety (“Commissioner”).28

The Commissioner must maintain a database available 24 hours a day, seven days a week, only to law enforcement agencies and prosecutors to verify the validity of a permit.29 The Commissioner may also keep a database of permits that were denied or revoked, including the date of, and reasons for, denial or revocation, for six years from the denial or revocation.30 This database may be available only to sheriffs performing their duties related to permits to carry handguns.31

The Commissioner is required to report yearly to the state legislature information regarding permits and permit holders, but “without expressly identifying an applicant.”32 Sheriffs and police chiefs must supply the Department of Public Safety with the basic data required to complete this report, including data classified as private. Copies of the report must be made available to the public.33  The current report states, among other things, that 20,772 5-year permits were issued in 2011.34

A sheriff must not maintain records or data collected, made or held concerning an applicant or permit holder that are not necessary to support a permit that is outstanding or eligible for renewal.35 In addition, a sheriff must completely purge all files and databases yearly to delete all information collected concerning persons who are no longer current permit holders or currently eligible to renew their permit.36 These requirements do not apply, however, to records or data concerning an applicant or permit holder who has had a permit denied or revoked for lack of safe training in the use of a firearm, or because there exists a substantial likelihood that the applicant is a danger to himself or herself or the public if authorized to carry a handgun, for six years from the denial or revocation.37

Finally, notwithstanding any law to the contrary, the Minnesota Commissioner of Health is prohibited from collecting data related to an individual’s right to carry a weapon.38

Reciprocity

The Commissioner of Public Safety must annually establish and publish a list of states whose permits are “not substantially similar” to Minnesota permit requirements. All state permits not on this list are valid if the permit holder is not prohibited from possessing a firearm.39 The Commissioner must, when necessary, execute reciprocity agreements regarding carry permits with jurisdictions whose carry permits are recognized by Minnesota.40

Notes
  1. Minn. Stat. § 624.714, subd. 1a. ⤴︎
  2. Minn. Stat. § 624.714, subd. 2(b). ⤴︎
  3. Minn. Stat. § 609.224, subd. 3. ⤴︎
  4. Minn. Stat. § 609.2242, subd. 3. ⤴︎
  5. See Minn. Stat. § 518B.01, subd. 14. ⤴︎
  6. See Minn. Stat. § 609.749, subd. 8. ⤴︎
  7. Minn. Stat. § 624.719. ⤴︎
  8. Minn. Stat. § 629.715, subd. 2. ⤴︎
  9. Minn. Stat. § 629.72, subd. 2(a), (b). ⤴︎
  10. Minn. Stat. § 624.714, subd. 2(b)(4)( ix). ⤴︎
  11. See Minn. Stat. § 299C.091. ⤴︎
  12. Minn. Stat. § 624.714, subd. 6(a)(3). ⤴︎
  13. Minn. Stat. § 624.714, subd. 4(a). ⤴︎
  14. Minn. Stat. § 624.714, subd. 4(b). ⤴︎
  15. Minn. Stat. § 624.714, subd. 4(c). ⤴︎
  16. Minn. Stat. § 624.714, subd. 1a. ⤴︎
  17. Minn. Stat. § 624.714, subd. 9. ⤴︎
  18. Minn. Stat. § 624.714, subd. 6(b). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed throughout Minn. Stat. § 624.714. ⤴︎
  19. Minn. Stat. § 624.714, subd. 2(b)(1), subd. 2a. ⤴︎
  20. Minn. Stat. § 624.714, subd. 2a(a). ⤴︎
  21. Minn. Stat. § 624.714, subd. 2a(b). A sheriff may also accept other satisfactory evidence of training in the safe use of a handgun. Minn. Stat. § 624.714, subd. 2a(e). ⤴︎
  22. Minn. Stat. § 624.714, subd. 2a(c). ⤴︎
  23. Minn. Stat. § 624.714, subd. 11a. ⤴︎
  24. Minn. Stat. § 624.714, subd. 7(c). ⤴︎
  25. Minn. Stat. § 624.714, subd. 11a. ⤴︎
  26. Minn. Stat. § 13.87, subd. 2. ⤴︎
  27. Minn. Stat. § 13.02, subd. 12. ⤴︎
  28. Minn. Stat. § 13.871, subd 9. ⤴︎
  29. Minn. Stat. § 624.714, subd. 15(a). ⤴︎
  30. Minn. Stat. § 624.714, subd. 15(b). ⤴︎
  31. Id. ⤴︎
  32. Minn. Stat. § 624.714, subd. 20. ⤴︎
  33. Id. ⤴︎
  34. Bureau of Criminal Apprehension, Department of Public Safety, State of Minnesota, 2011 Permit to Carry Report, at https://dps.mn.gov/divisions/bca/Documents/2011%20Permit%20to%20Carry%20Year%20End%20Report%20Final.pdf. ⤴︎
  35. Minn. Stat. § 624.714, subd. 14(a). ⤴︎
  36. Id. ⤴︎
  37. Minn. Stat. § 624.714, subd. 14(b). ⤴︎
  38. Minn. Stat. § 144.05, subd. 5. ⤴︎
  39. Minn. Stat. § 624.714, subd. 16(a), (b). See the Minnesota Department of Public Safety website. ⤴︎
  40. Minn. Stat. § 624.714, subd. 16(d). ⤴︎

Concealed Weapons Permitting in Mississippi

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2016, Mississippi enacted a law allowing individuals to carry loaded, hidden handguns on their person in a sheath, belt holster or shoulder holster without first obtaining a permit,1 as long as they are not:

  • Engaged in criminal activity (other than a misdemeanor traffic offense);
  • Prohibited from possessing a firearm under state or federal law; or
  • Carrying the handgun into a prohibited location, defined to include:
    • Any place of nuisance;2
    • Any police, sheriff or highway patrol station;
    • Any detention facility, prison or jail;
    • Any courthouse or courtroom, except that a judge may carry a concealed weapon and decide who may carry a concealed weapon in a courtroom;
    • Any polling place;
    • Any government meeting place, including any meeting of the legislature or a legislative committee;
    • Any school, college or professional athletic event not related to firearms;
    • Any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; and any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose;
    • Any elementary or secondary school, and any junior college, community college, college or university facility (unless for the purpose of participating in any authorized firearms-related activity);
    • Inside the passenger terminal of any airport (except that no one shall be prohibited from carrying a legal firearm into the terminal if the firearm is encased for lawful shipment as checked baggage);
    • Any church or other place of worship, except that churches or places of worship may choose to establish a security program by which designated members are authorized to carry firearms for the protection of the congregation;3
    • Any place where the carrying of firearms is prohibited by federal law;
    • Any place where a person or entity exercises control over the physical location of such place (e.g., private property), if that person or entity has chosen to exclude firearms and posted written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited”;
    • A parade or demonstration for which a permit is required to carry a stun gun, concealed pistol or revolver.4

Pursuant to an earlier law, Mississippi also allows people to carry loaded handguns inside a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case without a permit, subject to the above restrictions.5

Although Mississippi allows “permitless” concealed carry in the above circumstances, the state still issues concealed carry permits. As described below and on our page on Other Location Restrictions in Mississippi, if a permit-holder voluntarily completes an approved safety training course, Mississippi exempts such permit-holders from the prohibition on carrying concealed firearms into many of the locations listed above, including schools, polling places, government meetings, bars, and churches.

Mississippi is a “shall issue” state, meaning that local law enforcement must issue a concealed handgun license if the applicant meets certain qualifications. A license to carry concealed handguns must be issued by the Department of Public Safety (DPS), if the applicant:

  • Is a resident of the state (this requirement may be waived if the applicant possesses a valid permit from another state, is on active military duty and stationed in the state, or is a retired law enforcement officer residing in the state);
  • Is 21 years of age or older;
  • Does not suffer from a physical infirmity which prevents the safe handling of a pistol or revolver;
  • Has not been convicted of a felony in a court of any state or of the United States without having been pardoned;
  • Does not chronically or habitually use alcoholic beverages or abuse controlled substances to the extent that his or her normal faculties are impaired;6
  • Desires a legal means to carry a concealed handgun to defend himself or herself;
  • Has not been adjudicated mentally incompetent, or has waited five years from the date of his or her restoration of mental capacity by court order;
  • Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility, unless he or she possesses a certificate from a psychiatrist licensed in Mississippi stating that he or she has not suffered from disability for a period of five years;
  • Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three years have elapsed since probation or any other conditions set by the court have been fulfilled;
  • Is not a fugitive from justice; and
  • Is not disqualified from possessing or owning a weapon under federal law.7

However, DPS may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three years have elapsed since any conditions set by the court have been fulfilled.8

Except as permitted under state law, Mississippi penalizes the concealed carrying of any “pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm. . . .”9 Notwithstanding the foregoing, it is not a violation of state law for any person over the age of 18 to carry a concealed firearm:

  • Within the confines of his or her own home, place of business, on real property associated with the home or business or within any motor vehicle; or
  • If the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, “legitimate weapon-related sports activity” means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.10

Mississippi’s concealed carry permit does not ordinarily allow permit-holders to bring a concealed firearm into any of the locations listed as being prohibited for “permitless” concealed carry, including places of nuisance, police stations and jails, courthouses, schools, polling places, government meetings, bars, churches, and private property.11 However, if a concealed carry permit-holder voluntarily completes a certified or approved firearms safety training course, the permit-holder may carry his or her concealed firearm into all of these otherwise prohibited locations except for places of nuisance, police stations and jails, and courthouses.12 In other words, Mississippi permit-holders who voluntarily complete a safety training course may carry concealed firearms into schools, polling places, government meetings, bars, churches, and private property. Note that under Mississippi law, permit-holders may still be barred from bringing concealed firearms to these locations if they are privately owned and the owner has chosen to exclude all firearms from his or her property.13

Firearm Safety Training

Mississippi does not require firearm safety training as a prerequisite to possessing, purchasing or carrying a firearm.

However, in Mississippi a concealed weapons licensee may carry his or her concealed weapon in locations in which concealed weapons are generally prohibited if he or she completes a firearms safety training course taught by a certified, nationally-recognized organization that normally offers such courses, or by any other organization approved by the state police.14

Duration & Renewal

Mississippi licenses to carry concealed handguns are valid for five years.15

Ninety days prior to the expiration date of a license, DPS shall mail to a licensee a written notice of the upcoming expiration and a renewal form.16 The licensee must renew his or her license on or before the expiration date by filing a renewal form, a notarized affidavit stating that the licensee remains qualified to carry a concealed weapon under state law,17 a full set of fingerprints, a renewal fee, plus costs of processing the fingerprints.18 If a licensee fails to file a renewal application on or before the license’s expiration date, he or she must renew the license by paying a late fee.19

A license will be deemed “permanently expired” if it is not renewed six months after its expiration date.20 A person whose license has permanently expired may reapply for licensure, but is required by state law to complete a new application and submit to a new background investigation.21

Disclosure or Use of Information

DPS maintains an automated listing of license holders that is available on-line, upon request, at all times, to all law enforcement agencies through the Mississippi Crime Information Center.22 Records relating to applications for licenses or license holders, however, are exempt from the provisions of the Mississippi Public Records Act of 1983.23 Specifically, the name, home address, any telephone number or other private information of any person who possesses a weapon permit issued shall be exempt from the Mississippi Public Records Act of 1983.24

Reciprocity

If a person holds a valid license to carry a concealed handgun issued in another state, that license will be recognized as valid in Mississippi, provided the issuing state authorizes Mississippi license holders to carry concealed handguns in that state and has communicated that fact to DPS.25

Brady Exemption

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful.26 Holders of concealed handgun licenses in Mississippi are exempt from background checks when purchasing a firearm according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change without notice.

Notes
  1. 2016 Miss. H.B. 786, signed by the Governor April 15, 2016, amending Miss Code Ann. § 97-37-7(24). ⤴︎
  2. Place of nuisance” is defined under Miss. Code Ann. § 95-3-1 as any place where lewdness or prostitution is conducted or permitted or where controlled substances are unlawfully used, possessed, sold or delivered more than once. ⤴︎
  3. See Miss. Code. Ann. § 97-37-7(2). ⤴︎
  4. 2016 Miss. H.B. 786, signed by the Governor April 15, 2016, amending Miss Code Ann. § 97-37-7(24); Miss Code Ann. § 97-37-7(13). ⤴︎
  5. Miss. Code Ann. § 45-9-101(24). ⤴︎
  6. See Miss. Code Ann. § 45-9-101(1)(e), (f) for crimes or events that qualify. ⤴︎
  7. Miss. Code Ann. § 45-9-101(2). ⤴︎
  8. Miss. Code. Ann. § 45-9-101(3). Additional application and background check requirements, as well as permit suspension or disqualification information, are outlined in state law. Miss. Code. Ann. § 45-9-101. ⤴︎
  9. Miss. Code. Ann. § 97-37-1; see also Miss. Code Ann. § 45-9-101. ⤴︎
  10. Miss. Code. Ann. § 97-37-1(2), (3). ⤴︎
  11. Miss. Code Ann. § 45-9-101(13). ⤴︎
  12. Miss. Code Ann. § 97-37-7(2). ⤴︎
  13. Op. Miss. Att’y Gen. No. 2013-00023 (Oct. 1, 2013), 2013 Miss. AG LEXIS 248, *8-9 (“An enhanced permit cannot constitutionally take away the rights of property owners to exclude persons from their property if that is their wish. …Therefore, private property owners, including but not limited to owners or custodians of those types of property listed in section 45-9-101(13) (e.g., bars, churches, restaurants serving alcohol, private schools, professional athletic event property) may exclude from their premises persons carrying weapons.”). ⤴︎
  14. Miss. Code Ann. §97-37-7(2). ⤴︎
  15. Miss. Code. Ann. § 45-9-101(1)(a). ⤴︎
  16. Miss. Code Ann. § 45-9-101(12)(a). ⤴︎
  17. See Miss. Code Ann. § 45-9-101(2) and (3). ⤴︎
  18. Miss. Code Ann. § 45-9-101(12)(a). ⤴︎
  19. Miss. Code Ann. § 45-9-101(12)(c). ⤴︎
  20. Id. ⤴︎
  21. Miss. Code Ann. § 45-9-101(12)(c), (5). ⤴︎
  22. Miss. Code Ann. § 45-9-101(8). ⤴︎
  23. Id. ⤴︎
  24. Miss. Code Ann. § 25-61-11.1. ⤴︎
  25. Miss. Code Ann. § 45-9-101(19). ⤴︎
  26. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). ⤴︎

Concealed Weapons Permitting in Missouri

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Effective January 1, 2017, Missouri allows individuals to carry concealed firearms in most locations without first obtaining a permit. In 2016, Missouri legislators overrode the governor’s veto to enact SB 656, which repealed a state law that used to generally prohibit individuals without a permit from carrying concealed firearms.1 Starting January 1, 2017, the new law allows individuals without a concealed carry permit to carry concealed firearms throughout the state, except that they may not bring concealed firearms:

  • Into specified locations where concealed carry by permit-holders was formerly prohibited under state law;2
  • Into a church or place where people have assembled for worship, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof;3 or
  • Onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.4

However, individuals do not violate Missouri law even if they carry a concealed firearm into one of the locations specified as being prohibited if:

  • The firearm is not readily accessible;
  • In addition to the concealed firearm, the person is in possession of an exposed firearm for the lawful pursuit of game; or
  • The person is in premises over which he or she has possession, authority or control.5

For more information on the specific places where concealed carry is prohibited in Missouri, even after the enactment of SB 656, please see our page on Other Location Restrictions in Missouri.

Although it made “permitless” concealed carry lawful in most locations in Missouri, SB 656 nevertheless kept in place Missouri’s concealed carry permitting system, and made certain revisions to that system to make it easier to obtain a permit for a longer period of time. Even though a permit is now not needed to carry concealed firearms in most places within the state, individuals may still wish to obtain a Missouri concealed carry permit, because holders of Missouri permits are allowed to carry concealed weapons in some other states that recognize Missouri’s permits.

For those who seek concealed weapons permits for that purpose, Missouri is a “shall issue” state, meaning that a county or city sheriff, or his or her designee, must issue a concealed carry permit if the applicant meets certain qualifications.6 The sheriff must issue a concealed carry permit if the applicant:7

  • Is at least age 19, or is at least 18 and a member of the United States Armed Forces or honorably discharged from the United States Armed Forces;8
  • Is a citizen or permanent resident of the United States;
  • Is either:
    • A resident of Missouri; or
    • A member of the armed forces stationed in Missouri, or the spouse of such military member;
  • Has not pled guilty to or entered a plea of nolo contendere (no contest) or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States, other than a crime classified as a misdemeanor punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;
  • Has not been convicted of, pled guilty to or entered a plea of nolo contendere (no contest) to one or more misdemeanor offenses involving crimes of violence during the immediately preceding five-year period, or has not been convicted of two or more misdemeanor offenses involving driving while under the influence of intoxicating liquor or drugs or the possession or abuse of a controlled substance during the immediately preceding five-year period;
  • Is not a fugitive from justice or currently charged in an information or indictment with the commission of a crime punishable by imprisonment for a term exceeding one year under the laws of any state of the United States, other than a crime classified as a misdemeanor punishable by a term of imprisonment of two years or less that does not involve an explosive weapon, firearm, firearm silencer, or gas gun;
  • Has not been discharged under dishonorable conditions from the U.S. Armed Forces;
  • Has not engaged in a pattern of behavior, documented in public records, that causes the sheriff to have a reasonable belief that the applicant presents a danger to himself, herself, or others;
  • Is not adjudged mentally incompetent at the time of application or for five years prior to application, or has not been committed to a mental health facility or a similar institution located in another state following a hearing at which the applicant was represented by counsel or a representative; and
  • Is not the respondent of a valid “full order of protection” that is still in effect.9

If the application is approved, the sheriff shall issue a concealed carry permit to the applicant within three working days after his or her approval of the application.10

Missouri’s standard concealed carry permit is valid for five years.11 However, following the enactment of SB 656, Missouri also requires the sheriff to issue “lifetime” concealed carry permits (valid for the lifetime of the permit-holder) and “extended” concealed carry permits (valid for 10 or 25 years) to applicants who request these types of permits and who meet the qualifications for a five-year permit, but are also residents of the state of Missouri.12 Missouri does not require applicants for its five-year permit to be residents of Missouri if the applicant or applicant’s spouse is a member of the armed forces.13

Firearm Safety Training

Applicants for a standard, extended, or lifetime concealed carry permit are required to demonstrate knowledge of firearms safety training.14 In 2016, Missouri loosened its requirements for firearms safety training by allowing permit applicants to satisfy some safety training requirements by taking a “regular or online course on firearm safety conducted by an instructor certified by the National Rifle Association that is at least one hour in length.”15 Applicants who complete a one-hour NRA course must still complete a separate course taught by a qualified safety instructor, but do not need to spend a particular number of hours in such a course.16 The extra course that is required in addition to the NRA course must include instruction on:

  • Handgun safety techniques in the classroom, at home, on the firing range and while carrying the firearm;
  • Missouri’s requirements for obtaining a concealed carry permit from the sheriff of the individual’s county of residence;
  • Missouri’s laws relating to firearms;
  • Missouri’s laws relating to the justifiable use of force;17
  • A live firing exercise of sufficient duration for each applicant to fire either a revolver or a semiautomatic pistol, from a standing position or its equivalent, a minimum of 20 rounds from the handgun at a distance of seven yards from a B-27 silhouette target or an equivalent target; and
  • A live fire test administered to the applicant while the instructor is present of 20 rounds from either handgun from a standing position or its equivalent at a distance from a B-27 silhouette target, or an equivalent target, of seven yards.18

Applicants for all types of concealed carry permits who do not complete an NRA course must take and pass a firearms safety course of at least eight hours in length that includes instruction on all of the above topics, plus:

  • The basic principles of marksmanship;
  • Care and cleaning of concealable firearms; and
  • Safe storage of firearms at home.19

The qualified firearms safety instructor shall affirm that the applicant received this instruction and successfully met all requirements on the certificate of firearms safety training course completion.20

A qualified firearms safety instructor must not give a passing grade to any applicant who: 1) Does not follow the orders of the instructor or cognizant range officer; 2) Handles a firearm in a manner that, in the judgment of the instructor, poses a danger to the applicant or to others; or 3) During the live fire testing portion of the course, fails to hit the silhouette portion of the targets with at least 15 rounds.21

Instructors are required to: 1) Make the applicant’s course records available upon request to the sheriff of the county in which the applicant resides; 2) Maintain all course records on students for a period of no less than four years from course completion date; and 3) Not have more than 40 students per certified instructor in the classroom portion of the course, or more than five students per range officer engaged in range firing.22

An applicant satisfies the firearms safety training requirement if he or she:

  • Submits a photocopy of a certificate of firearms safety training course completion that is signed by a qualified firearms safety instructor;
  • Submits a photocopy of a certificate that shows the applicant completed a firearms safety course given by or under the supervision of any state, county, municipal, or federal law enforcement agency;
  • Is a qualified firearms safety instructor;
  • Submits proof that he or she currently holds any type of valid peace officer license valid under state law;
  • Submits proof that the applicant is currently allowed to carry firearms in accordance with state certification requirements; or
  • Submits proof that he or she is currently certified as any class of corrections officer by the Missouri department of corrections and has passed at least one eight-hour firearms training course, approved by the director of the Missouri department of corrections that includes instruction on the justifiable use of force.23

An applicant must submit an affidavit attesting that he or she has complied with these concealed carry safety training requirements.24

Duration & Renewal

A standard concealed carry permit is valid for five years from the last day of the month in which the permit was issued or renewed.25 A concealed carry “endorsement” issued prior to August 28, 2013, shall continue from the date of issuance or renewal until three years from the last day of the month in which the endorsement was issued or renewed to authorize the carrying of a concealed firearm on or about the applicant’s person or within a vehicle in the same manner as a concealed carry permit issued on or after August 28, 2013.26

A “lifetime” concealed carry permit (available on request to applicants who meet the criteria for a standard permit, but are also Missouri residents) is valid for the lifetime of the permit-holder.27

An “extended” concealed carry permit (available on request to applicants who meet the criteria for a standard permit, but are also Missouri residents) is valid for 10 or 25 years.28

Disclosure or Use of Information

Information regarding any holder of a concealed carry permit, or a concealed carry endorsement issued prior to August 28, 2013, is a closed record.29 Closed records are inaccessible to the general public.30

A sheriff is required to keep a record of all applications for a concealed carry permit or a provisional permit and of his or her action on such applications.31 The sheriff is required to report the issuance of all concealed carry permits or provisional permits to the concealed carry permit system, but an applicant’s status as a holder of a concealed carry permit, provisional permit, or a concealed carry endorsement issued prior to August 28, 2013, is not public information and must be considered personal protected information.32

Reciprocity

A valid concealed carry endorsement or permit issued by another state authorizes the permittee or endorsee to carry a concealed firearm on or about his or her person or vehicle throughout Missouri.33 However, these provisions do not permit the carrying of a concealed firearm in certain specified locations. See the Missouri Other Location Restrictions section.

Notes
  1. See 2016 Mo. S.B. 656, vetoed by the Governor on June 27, 2016, veto overriden on September 14, 2016. ⤴︎
  2. See Mo. Rev. Stat. § 571.030.1(1) (making it an offense to carry “concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use, but only when carried “into any area where firearms are restricted under section 571.107); Mo. Rev. Stat. § 571.107.1 (listing 17 restricted locations). ⤴︎
  3. Mo. Rev. Stat. § 571.030.1(8). ⤴︎
  4. Mo. Rev. Stat. § 571.030.1(10). ⤴︎
  5. Mo. Rev. Stat. § 571.030.3. ⤴︎
  6. Mo. Rev. Stat. §§ 571.101.2, 571.101.7. ⤴︎
  7. Id. ⤴︎
  8. In 2011, Missouri lowered the minimum age for a concealed carry permit from 23 to 21, and in 2014, Missouri lowered the minimum age again to 19 ⤴︎
  9. A “full order of protection” is an order of protection issued after a hearing on the record where the respondent has received notice of the proceedings and has had an opportunity to be heard. Mo. Rev. Stat. § 455.010. ⤴︎
  10. Mo. Rev. Stat. § 571.101.7. ⤴︎
  11. Mo. Rev. Stat. § 571.101. 1. ⤴︎
  12. 2016 Mo. S.B. 656, creating Mo. Rev. Stat. §§ 571.205. 1. ⤴︎
  13. 2016 Mo. S.B. 656, Mo. Rev. Stat. §§ 571.205. 3. ⤴︎
  14. Mo. Rev. Stat. § 571.111.1; 2016 Mo. S.B. 656, creating 571.205.5. ⤴︎
  15. 2016 Mo. S.B. 656, creating Mo. Rev. Stat. §§ 571.111.3. ⤴︎
  16. See id. ⤴︎
  17. See Mo. Rev. Stat. Ch. 563, Defense to Justification. ⤴︎
  18. 2016 Mo. S.B. 656, creating Mo. Rev. Stat. §§ 571.111.3, 571.111.2. ⤴︎
  19. Mo. Rev. Stat. § 571.111.2. ⤴︎
  20. Id. ⤴︎
  21. Mo. Rev. Stat. § 571.111.3. ⤴︎
  22. Mo. Rev. Stat. § 571.111.4. ⤴︎
  23. Mo. Rev. Stat. § 571.111.1. ⤴︎
  24. Mo. Rev. Stat. § 571.101.2(9). ⤴︎
  25. Mo. Rev. Stat. § 571.101.1; see also 2016 Mo. S.B. 656, creating Mo. Rev. Stat. §§ 302.181.7, 571.101.7. ⤴︎
  26. Mo. Rev. Stat. § 571.101.1. ⤴︎
  27. 2016 Mo. S.B. 656, creating Mo. Rev. Stat. § 571.205.1. ⤴︎
  28. 2016 Mo. S.B. 656, creating Mo. Rev. Stat. §§ 571.205.1. ⤴︎
  29. Mo. Rev. Stat. § 571.101.10; 2016 Mo. S.B. 656, creating § 571.205.11. ⤴︎
  30. See Mo. Rev. Stat. § 610.120. Closed records are available to law enforcement agencies for issuance or renewal of a permit to possess a firearm. Id. ⤴︎
  31. Mo. Rev. Stat. § 571.101.9(1); 2016 Mo. S.B. 656, creating Mo. Rev. Stat. § 571.205.10(1). ⤴︎
  32. Mo. Rev. Stat. § 571.101.9(2); 2016 Mo. S.B. 656, creating Mo. Rev. Stat. § 571.205.10(2). ⤴︎
  33. Mo. Rev. Stat. §§ 571.030.4, 571.107.1. ⤴︎

Concealed Weapons Permitting in Montana

Montana is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications.

Montana requires a county sheriff to issue a permit to carry a concealed weapon, within 60 days of receiving an application, to any applicant who:

  • Is a United States citizen;
  • Is 18 years of age or older;
  • Holds a valid Montana driver’s license or other form of picture identification issued by the state; and
  • Has been a resident of the state for at least six months.1

A license may be denied to a person who:

  • Is ineligible under Montana or federal law to possess or receive a firearm;
  • Has been charged with and is awaiting judgment in any state or federal court, for a crime punishable by one or more years of incarceration;
  • Has been convicted in any state or federal court of a crime punishable by more than one year of incarceration;
  • Has been convicted of carrying a concealed weapon while under the influence of an intoxicating substance, or carrying a concealed weapon in a prohibited place, within the last five years and has not been pardoned;
  • Is the subject of an arrest warrant issued in any state or by the federal government;
  • Has been adjudicated in any state or federal court to be an unlawful user of an intoxicating substance and is under a court order of incarceration, probation, suspended or deferred sentence, treatment, education, or other condition of release or state supervision;
  • Has been adjudicated in any state or federal court to be mentally ill, defective, or disabled, and remains subject to a disposition order;
  • Has been dishonorably discharged from the United States armed forces; or
  • Has been convicted in any state or federal court of a crime that includes as an element an act, attempted act, or threat of:
    • Intentional homicide;
    • Serious bodily injury;
    • Unlawful restraint;
    • Sexual abuse; or
    • Non-consensual sexual intercourse or contact.2

The sheriff may deny a permit if he or she has reasonable cause to believe that the applicant is mentally ill, defective, or disabled, or a threat to the peace and good order of the community to the extent that the applicant should not be allowed to carry a concealed weapon.3

However, a person who has been denied a permit for any reason – other than conviction for a crime involving intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or non-consensual sexual intercourse or contact – and who has had their rights restored pursuant to Article II, section 28 of the Montana Constitution, is entitled to issuance of a concealed weapons permit if otherwise eligible.4

The fee for issuance of a permit is $50.5 In addition, the sheriff may charge the applicant $5 for fingerprinting.6

Montana generally prohibits a person from carrying a concealed weapon without a license.7 Montana defines a “concealed weapon” as any weapon wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon.8

Firearm Safety Training

Montana does not require firearm safety training as a prerequisite to obtaining a concealed weapons permit; however every successful applicant must demonstrate “familiarity with a firearm” by means of one of the following:

  • Completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;
  • Completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;
  • Completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;
  • Possession of a license from another state to carry a firearm, concealed or otherwise, granted by that state upon completion of a course described above;
  • Evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns; or
  • Passage of a physical test in which the applicant demonstrates his or her familiarity with a firearm.9

Duration & Renewal

A permit to carry a concealed weapon is valid for four years.10 A permit may be renewed for an additional four-year period, upon payment of a $25 fee, within 90 days before the expiration of the permit.11 Renewal applicants are required to complete a form that includes, at a minimum, the applicant’s name, address, physical description, signature, driver’s license number, state identification card number, or tribal identification number and photograph.12 The sheriff may deny the renewal of a permit if circumstances arise that would require the sheriff to refuse to grant the permittee an original license.13

Disclosure or Use of Information

The county sheriff must keep a copy of each application for a permit to carry a concealed weapon for at least four years.14 In addition, within seven days of the sheriff’s receipt of the application, a copy must be mailed to the chief of police if the applicant resides in a city or town with a police force.15 When a permit is issued, the sheriff must keep a copy and send a copy to the Montana Department of Justice, which shall keep a central repository record of all permits.16  All of the information on the application is confidential, however, and Montana law requires the sheriff to treat the confidential information on the application as confidential criminal justice information.17 

Reciprocity

A concealed weapon permit from another state is valid in Montana if:

  • The permittee has the permit in her or his immediate possession;
  • The permittee is in possession of official photo identification; and
  • The state that issued the permit requires a criminal records background check of permit applicants prior to issuance of a permit.18

Montana requires the state attorney general to develop and maintain a list of state permits recognized in Montana.19 The current list can be found at the Montana Department of Justice website.

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Notes
  1. Mont. Code Ann. § 45-8-321. ⤴︎
  2. Id. ⤴︎
  3. Mont. Code Ann. § 45-8-321(2). ⤴︎
  4. Mont. Code Ann. § 45-8-321(6). ⤴︎
  5. Mont. Code Ann. § 45-8-322(3). ⤴︎
  6. Mont. Code Ann. § 45-8-322(4). Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under Montana Code Ann. §§ 45-8-322 through 45-8-324. ⤴︎
  7. Mont. Code Ann. § 45-8-316. The state does not prohibit the carrying of a concealed weapon without a license while the possessor is: 1) outside the official boundaries of a city or town or the confines of a logging, lumbering, mining or railroad camp; 2) lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching, or other outdoor activity in which weapons are often carried for recreation or protection; or 3) At his or her home, on his or her own premises, or at his or her place of business. Mont. Code Ann. § 45-8-317(1)(i) and (j). ⤴︎
  8. Mont. Code Ann. § 45-8-315. ⤴︎
  9. Mont. Code Ann. §45-8-321. ⤴︎
  10. Mont. Code Ann. § 45-8-316. ⤴︎
  11. Mont. Code Ann. § 45-8-322(3). ⤴︎
  12. Id. ⤴︎
  13. Mont. Code Ann. § 45-8-323. ⤴︎
  14. Mont. Code Ann. § 45-8-322(2). ⤴︎
  15. Id. ⤴︎
  16. Mont. Code Ann. § 45-8-322(3). ⤴︎
  17. Mont. Code Ann. § 45-8-322(7). ⤴︎
  18. Mont. Code Ann. § 45-8-329. ⤴︎
  19. Mont. Code Ann. § 45-8-329(2). ⤴︎

Concealed Weapons Permitting in Nebraska

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Nebraska does not prohibit a person from carrying a concealed handgun if the person has a concealed handgun permit.1

Nebraska is a “shall issue” state, meaning that the Nebraska State Patrol (NSP) must issue a concealed handgun permit within 45 days of the date of application if the applicant meets certain qualifications.2 An applicant for a permit to carry a concealed handgun must:

  • Be at least 21 years of age;
  • Not be prohibited from purchasing or possessing a handgun by federal law;
  • Possess sufficient powers of eyesight, as demonstrated by a current Nebraska motor vehicle operator’s license or a current optometrist’s or ophthalmologist’s statement;
  • Not have pled guilty or no contest to, or not have been convicted of a felony;
  • Not have pled guilty or no contest to, or not have been convicted of a misdemeanor crime of violence within the immediately preceding ten years;
  • Not have been found in the previous ten years to be a mentally ill and dangerous person and not be currently adjudged mentally incompetent;
  • Have been a Nebraska resident for at least 180 days, (except this 180 day rule does not apply for members of the U.S. Armed Forces or their spouses after they have been stationed at a military installation in Nebraska on permanent duty station orders, or for new residents of the state who possess a valid concealed weapons permit from another state);3
  • Have not violated any law relating to firearms, unlawful use of a weapon, or controlled substances in the preceding ten years;
  • Not be on parole, probation, house arrest, or work release; and
  • Provide “proof of training.”4

“Proof of training” means an original or certified copy of a document certifying that the applicant successfully completed an approved handgun training and safety course within the previous three years, or is a member of the armed forces and has had similar handgun training within the previous three years.5

Firearm Safety Training

Nebraska requires that a concealed handgun permit applicant complete a handgun training and safety course within the three years prior to issuance of a permit.6

Minimum requirements for an approved handgun training and safety course are:

  • Knowledge and safe handling of a handgun;
  • Knowledge and safe handling of handgun ammunition;
  • Safe handgun shooting fundamentals;
  • A demonstration of competency with a handgun with respect to the minimum safety and training requirements;
  • Knowledge of federal, state and local laws pertaining to the use of a handgun, including but not limited to use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault;
  • Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation; and
  • Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child.7

Duration & Renewal

A permit to carry a concealed handgun is valid for five years.8 The NSP must renew a permit for five years, subject to continuing compliance with the qualifications for the permit.9 Renewal may be applied for up to four months before expiration of the permit. A permit holder is subject to having his or her permit revoked if he or she does not continue to meet the qualifications for the permit.10

Disclosure or Use of Information

Nebraska does not allow personal application or permit information of concealed handgun permit holders to be made public. The NSP maintains a listing of all applicants and permit holders and any pertinent information regarding such applicants and permit holders.11 The information is available upon request to all law enforcement agencies, but is confidential and is not considered a public record.12

Any time the discharge of a handgun carried by a permit holder results in injury to a person or damage to property, the permit holder must make a report of such incident to the NSP.13 This information is maintained as part of a listing.14

Information about the status of a permit to carry a concealed handgun and the dates of issuance and expiration of such permit are also included within records of the Nebraska Department of Motor Vehicles.15

Reciprocity

A valid concealed carry handgun permit or license issued by any other state or the District of Columbia is valid in Nebraska if:

  • The holder is not a resident of Nebraska; and
  • The Nebraska Attorney General has determined that the standards for issuance of the out-of-state license or permit are equal to or greater than the standards imposed by Nebraska.16
Notes
  1. Neb. Rev. Stat. § 28-1202(1)(a), (2). ⤴︎
  2. Neb. Rev. Stat. § 69-2430(3). ⤴︎
  3. Neb. Rev. Stat. § 69-2433(7)(b), (c). ⤴︎
  4. Neb. Rev. Stat. § 69-2433. ⤴︎
  5. Neb. Rev. Stat. § 69-2429(6). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Neb. Rev. Stat. §§ 69-2430 – 69-2439. ⤴︎
  6. Neb. Rev. Stat. § 69-2429(6). ⤴︎
  7. Neb. Rev. Stat. § 69-2432. ⤴︎
  8. Neb. Rev. Stat. § 69-2436(1). ⤴︎
  9. Neb. Rev. Stat. § 69-2436(2). ⤴︎
  10. Neb. Rev. Stat. §§ 69-2435, 69-2439. ⤴︎
  11. Neb. Rev. Stat. § 69-2444. ⤴︎
  12. Id. ⤴︎
  13. Neb. Rev. Stat. § 69-2442. ⤴︎
  14. Id. ⤴︎
  15. Neb. Rev. Stat. § 69-2447. ⤴︎
  16. Neb. Rev. Stat. § 69-2448. ⤴︎

Concealed Weapons Permitting in Nevada

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Nevada is a “shall issue” state, meaning that local law enforcement must issue a concealed firearm permit if the applicant meets certain qualifications.

Any person who is a resident of Nevada may apply to the sheriff of the county in which he or she resides for a concealed firearm permit1. When an individual applies for or attempts to renew a concealed firearm permit, the sheriff shall conduct an investigation of the applicant to determine if he or she is eligible for a permit and include a report from the National Instant Criminal Background Check System.2

The sheriff must issue a permit to carry handguns to any person qualified to possess each such firearm, who:

  • Is 21 years of age or older;
  • Is not prohibited from possessing a firearm3; and
  • Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that he or she successfully completed an approved course in firearm safety, including instruction in the use of handguns and in the laws of Nevada relating to the use of a firearm4.

The sheriff must deny an application or revoke an existing permit if he or she determines that the applicant or permittee:

  • Has an outstanding warrant for his or her arrest;
  • Has been judicially declared incompetent or insane;
  • Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding five years;
  • Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired;
  • Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor during the immediately preceding three years;
  • Has been convicted of a felony in Nevada, any other state, or under federal law;
  • Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence;
  • Is currently on parole or probation;
  • Has, within the immediately preceding five years, been subject to any requirements imposed by a court as a condition to the court’s withholding of the entry of judgment for his or her conviction of a felony, or suspension of his or her sentence for the conviction of a felony; or
  • Has made a false statement on any application for a concealed firearm permit or for the renewal of a permit5.

In addition, the sheriff may deny an application or revoke a permit if he or she receives a “sworn affidavit stating articulable facts based upon personal knowledge” from any person 18 years of age or older that the applicant or permittee is prohibited from possessing a permit6. In addition, if the sheriff receives notification from a court or law enforcement agency that a permittee or applicant has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit, the sheriff must suspend the person’s permit or the processing of his or her application until the final disposition of the charges7.

The fee for a permit is set by the issuing sheriff, but may not exceed $608.

Sheriffs have the authority to issue temporary permits9. For every temporary permit issued, the sheriff must provide information concerning the permit and the person to whom it has been issued to the Central Repository for Nevada Records of Criminal History10.

Nevada prohibits any person from carrying concealed upon his or her person any firearm without a valid permit issued under state law11.

Firearm Safety Training

Applicants for a concealed firearm permit must demonstrate competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

  • Successfully completed a course in firearm safety approved by a sheriff in Nevada; or
  • Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety12.

The course must include instruction in the use of handguns, as well as instruction on Nevada’s laws relating to the use of a firearm. A sheriff may not approve a course in firearm safety unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association13.

Duration & Renewal

A concealed firearm permit expires roughly five years from the date of issuance or renewal, the expiration date being the permittee’s birthday nearest the date of issuance or renewal14. A renewal applicant is subject to the same eligibility investigation as an initial applicant.15

Disclosure or Use of Information

Generally, an application for a concealed firearm permit, all information contained within that application, and all information provided to a sheriff or obtained by a sheriff in the course of his or her investigation, are confidential16. Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution, and statistical abstracts of data compiled by a sheriff, including, but not limited to, the number of applications received and permits issued, may be released to any person17.

Reciprocity

On or before July 1 of each year, the Nevada Department of Public Safety must:

  • Determine whether each state requires a person to complete any training, class or program before the issuance of a permit to carry a concealed firearm in that state;
  • Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm that a Nevada law enforcement officer may access at all times through a national law enforcement telecommunications system; and
  • Prepare a list of states that meet the aforementioned requirements and provide the list to each law enforcement agency in Nevada18.

A person who possesses a permit to carry a concealed firearm issued by a state included in the list may carry a concealed firearm in Nevada in accordance with Nevada’s concealed firearm permitting laws19. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list may not carry a concealed firearm in Nevada if the person:

  • Becomes a Nevada resident; and
  • Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a Nevada resident20.
Notes
  1. Nev. Rev. Stat. Ann. § 202.3657(1). Any person who is not a resident may apply for a permit to the sheriff of any county in the state. Id. ⤴︎
  2. Nev. Rev. Stat. Ann. § 202.366(1). ⤴︎
  3. See Nev. Rev. Stat. Ann, § 202.360 and the Nevada Background Checks section. ⤴︎
  4. Nev. Rev. Stat. Ann. § 202.3657(3). ⤴︎
  5. Nev. Rev. Stat. Ann. § 202.3657(4). ⤴︎
  6. Nev. Rev. Stat. Ann. § 202.3657(5). ⤴︎
  7. Nev. Rev. Stat. Ann. § 202.3657(6). ⤴︎
  8. Nev. Rev. Stat. Ann. § 202.3657(7)(i). Additional application requirements and the background check investigation process are outlined under Nev. Rev. Stat. Ann. §§ 202.3657(7) and 202.366. ⤴︎
  9. Nev. Rev. Stat. Ann. § 202.3657(7)(i). Additional application requirements and the background check investigation process are outlined under Nev. Rev. Stat. Ann. §§ 202.3657(7) and 202.366. ⤴︎
  10. Id. ⤴︎
  11. Nev. Rev. Stat. Ann. § 202.350(1)(d)(3). ⤴︎
  12. Nev. Rev. Stat. Ann. § 202.3657(2), (3). ⤴︎
  13. Id. ⤴︎
  14. Nev. Rev. Stat. Ann. § 202.366(4). See Nev. Rev. Stat. Ann. § 202.3677 for renewal provisions. ⤴︎
  15. Nev. Rev. Stat. Ann. § 202.366(1). ⤴︎
  16. Nev. Rev. Stat. Ann. § 202.3662. ⤴︎
  17. Nev. Rev. Stat. Ann. § 202.3662. ⤴︎
  18. Nev. Rev. Stat. Ann. § 202.3689(1). The Department of Public Safety shall, upon request, make the list of states with which Nevada has reciprocity available to the public. Nev. Rev. Stat. Ann. § 202.3689(2). ⤴︎
  19. Nev. Rev. Stat. Ann. § 202.3688(1), (3). ⤴︎
  20. Nev. Rev. Stat. Ann. § 202.3688(2). ⤴︎

Concealed Weapons Permitting in New Hampshire

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

New Hampshire does not prohibit a person from carrying a loaded handgun in a vehicle or concealed in public if the person has a license to carry a loaded handgun. Furthermore, no license is required to carry a concealed handgun if it is unloaded, or to carry a loaded handgun in public if it is not concealed.1 See our Open Carrying in New Hampshire section for more details.

New Hampshire is a “shall issue” state, meaning that local law enforcement2 must issue a license to carry a loaded handgun if “it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, and that the applicant is a suitable person to be licensed.” Hunting, target shooting, or self-defense is considered a proper purpose.3 In addition, “[n]o photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.”4 Non-residents may submit applications to the division of state police.5

Firearm Safety Training

New Hampshire law does not require applicants for a license to carry a firearm to undergo firearm safety training or otherwise demonstrate knowledge of firearms safety.

Duration & Renewal

A New Hampshire concealed weapons license is valid for up to four years from the date of issue. “When required, license renewal shall take place within the month of the fourth anniversary of the license holder’s date of birth following the date of issuance.”6

Disclosure or Use of Information

New Hampshire law states: “All papers and records, including applications, pertaining to the issuance of… licenses [to carry loaded handguns] are subject to inspection only by law enforcement officials…while in the performance of official duties or upon written consent, for good cause shown, of the superior court in the county where said license was issued.”7

Reciprocity

A non-resident of New Hampshire holding a current and valid license to carry a loaded handgun in the state in which he or she resides is not required to obtain a license to carry a loaded handgun within New Hampshire if he or she carries the license from his or her home state on his or her person, and that state provides a reciprocal privilege for residents of New Hampshire.8 See the New Hampshire Department of Safety web site for a list of the specific states with which New Hampshire has reciprocity. State administrative rules govern the procedures for a nonresident to obtain a New Hampshire license to carry a loaded handgun.9

Notes
  1. N.H. Rev. Stat. Ann. § 159:4. A loaded handgun includes any handgun with a magazine, cylinder, chamber, or clip in which there are loaded cartridges. Id. ⤴︎
  2. Local law enforcement includes “[t]he selectmen of a town or , the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief…or the director of state police, or some person designated by such director. N.H. Rev. Stat. Ann. § 159:6(I)(a). ⤴︎
  3. Id. The New Hampshire Supreme Court has held that an applicant may be unsuitable if he or she has a “significant and unexplained arrest history.” See, e.g., Garand v. Town of Exeter, 977 A.2d 540, 544 (N.H. 2009). ⤴︎
  4. N.H. Rev. Stat. Ann. § 159:6(II). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed at N.H. Rev. Stat. Ann. §§ 159:6, 159:6-b, 159:6-c. ⤴︎
  5. For regulations regarding non-resident licenses, see N.H. Code Admin. R. Ann. Saf-C 2101.01-2106.01. ⤴︎
  6. N.H. Rev. Stat. Ann. § 159:6(I)(b). ⤴︎
  7. N.H. Rev. Stat. Ann. § 159:6-a. ⤴︎
  8. N.H. Rev. Stat. Ann. § 159:6-d. ⤴︎
  9. N.H. Code Admin. R. Ann. Saf-C 2101.01-2106.01. ⤴︎

Concealed Weapons Permitting in New Jersey

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

New Jersey generally prohibits the knowing possession of a handgun in any place other than one’s own property or place of business without a permit to carry a handgun.1

New Jersey is a “may issue” state, meaning that the chief police officer of a locality (city or county in which the applicant resides) or the Superintendent of the New Jersey State Police (NJSP) has discretion in determining whether or not to issue a concealed weapons permit to an applicant.

New Jersey requires any person seeking to carry a handgun to apply for a permit through the NJSP or local law enforcement.2 Among other requirements, the application must be endorsed by “three reputable persons” who have known the applicant for at least three years and who certify that the applicant is “of good moral character and behavior.”3 Moreover, no application shall be approved unless the applicant demonstrates that he or she:4

  • Is not subject to any of the disabilities set forth under state law to obtain a permit to purchase a handgun or a Firearms Purchaser Identification Card;5
  • Is thoroughly familiar with the safe handling and use of handguns; and
  • Has a justifiable need to carry a handgun.

Each application form shall also be accompanied by a written certification of justifiable need to carry a handgun, under oath, that specifies in detail the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant’s life that cannot be avoided by means other than by issuance of a permit to carry a handgun.6 Where possible, the applicant shall corroborate the existence of any specific threats or previous attacks by reference to reports of such incidents to law enforcement.7

Following approval by the NJSP or local law enforcement, the applicant must present his or her application to the superior court in the county in which the applicant resides.8 The superior court must be equally satisfied the applicant meets the requirements to carry a handgun before it will issue a permit.9

Firearm Safety Training

New Jersey requires that applicants for a permit to carry a handgun demonstrate a “thorough familiarity” with the safe handling and use of handguns, as evidenced by:10

  • Completion of a firearms training course substantially equivalent to the firearms training approved by the Police Training Commission;11
  • Submission of the applicant’s most recent handgun qualification scores utilizing the handgun(s) he or she intends to carry as evidenced by test firings, administered by a certified firearms instructor of a police academy, a certified firearms instructor of the National Rifle Association, or any other recognized certified firearms instructor; or
  • Passage of any test of New Jersey’s laws governing the use of force, administered by a certified instructor of a police academy, a certified instructor of the National Rifle Association, or any other recognized certified instructor.

Duration & Renewal

In New Jersey, permits to carry handguns expire two years from the date of issuance.12 Permits may be renewed for two-year periods in the same manner, and subject to the same conditions, as original applications.13

Disclosure or Use of Information

New Jersey does not allow personal application or permit information regarding concealed weapons permit holders to be made public. Any background investigation of an applicant for a permit to carry a handgun is not a public record and shall not be disclosed to any person not authorized to have access to such information.14 Any application materials, document reflecting the issuance or denial of a permit, or permit maintained by any state or municipal governmental agency is not a public record and shall not be disclosed to any person not authorized by law to have access to the documentation, except for persons acting in their governmental capacities for purposes of the administration of justice.15

Reciprocity

Non-residents of New Jersey who wish to carry a handgun in the state must obtain a permit to carry a handgun from NJSP under the same process as New Jersey residents.16

Notes
  1. N.J. Stat. Ann. §§ 2C:39-5b, 2C:39-6e. ⤴︎
  2. N.J. Stat. Ann. § 2C:58-4. ⤴︎
  3. N.J. Stat. Ann. § 2C:58-4b. ⤴︎
  4. N.J. Stat. Ann. § 2C:58-4c. Applicants must also submit fingerprints to facilitate the background check. Id. ⤴︎
  5. N.J. Stat. Ann. § 2C:58-3c. See the section entitled Prohibited Purchasers Generally in New Jersey. ⤴︎
  6. N.J. Admin. Code § 13:54-2.4(d)(1). ⤴︎
  7. Id. ⤴︎
  8. N.J. Stat. Ann. § 2C:58-4d. ⤴︎
  9. Id. ⤴︎
  10. N.J. Admin. Code § 13:54-2.4(b). ⤴︎
  11. See N.J. Stat. Ann. § 2C:39-6j. ⤴︎
  12. N.J. Stat. Ann. § 2C:58-4a. ⤴︎
  13. Id. ⤴︎
  14. N.J. Admin. Code § 13:54-1.15. ⤴︎
  15. Id. For information limiting access to and use of criminal history record information that is utilized for purposes other than criminal justice, see N.J. Admin. Code § 13:59-1.6. ⤴︎
  16. See N.J. Stat. Ann. § 2C:58-4. ⤴︎

Concealed Weapons Permitting in New Mexico

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

New Mexico is a “shall issue” state, meaning that local law enforcement must issue a concealed handgun license if the applicant meets certain qualifications. The New Mexico Department of Public Safety (“DPS”) must issue a license to an applicant who:

  • Is a United States citizen;
  • Is a New Mexico resident or member of the armed forces permanently stationed in New Mexico;
  • Is 21 years of age or older;
  • Is not a fugitive from justice;
  • Is not a convicted felon or under a felony indictment;
  • Is not otherwise prohibited by law from purchasing or possessing a firearm;
  • Has not been adjudicated mentally incompetent or committed to a mental institution;
  • Is not addicted to alcohol or controlled substances; and
  • Has satisfactorily completed a firearms training course.1

State law also explicitly provides that DPS “shall deny” a concealed handgun license to an applicant who has:

  • Received a conditional discharge, diversion or deferment, or has been convicted or plead guilty or plead no contest to a misdemeanor involving a crime of violence within the preceding 10 years;
  • Been convicted of a misdemeanor offense involving driving while intoxicated in the preceding five years;
  • Been convicted of a misdemeanor offense involving possession or abuse of a controlled substance within the preceding 10 years; or
  • Been convicted of misdemeanor assault, battery, or battery against a household member.2

New Mexico prohibits any person from carrying a concealed, loaded firearm outside his or her home, real property, or private automobile or other private conveyance without a license.3 This section does not apply, however, to a person who carries a firearm on her or his own property or to a person who carries a firearm in a private vehicle for the purpose of lawful protection.4

Firearm Safety Training

New Mexico requires that concealed handgun license applicants satisfactorily complete an approved firearms training course for the category and largest caliber of handgun the applicant desires to be licensed to carry concealed before DPS will issue a license.5

DPS prepares and publishes minimum standards for approved training courses, which must include classroom instruction, range instruction, and an actual demonstration by the applicant of his or her ability to safely use, at a minimum, a handgun of .32 caliber.6 A training course must not be less than 15 hours in length, and must provide instruction regarding:

  • Knowledge of and safe handling of single- and double-action revolvers and semiautomatic handguns;
  • Safe storage of handguns and child safety;
  • Safe handgun shooting fundamentals;
  • Live shooting of a handgun on a firing range;
  • Identification of ways to develop and maintain handgun shooting skills;
  • Federal, state and local criminal and civil laws pertaining to the purchase, ownership, transportation, use and possession of handguns;
  • Techniques for avoiding a criminal attack and how to control a violent confrontation; and
  • Techniques for non-violent dispute resolution.

Approved training courses are those certified or sponsored by a federal or state law enforcement agency, a college, a firearms training school or a nationally recognized organization approved by DPS that customarily offers firearms training.7 Every instructor of an approved training course is required to file a copy of the course description and proof of certification with DPS annually.8

Duration & Renewal

Concealed handgun licenses are valid for four years from the date of issuance or renewal unless suspended or revoked.9 A license may be renewed anytime until 60 calendar days after the license expires, provided that the licensee completes a four-hour refresher firearms training course prior to filing the application, and pays a $75 renewal fee.10

Disclosure or Use of Information

Information regarding the licensee received by DPS or any other law enforcement department is confidential and exempt from public disclosure in the absence of a court order to disclose the information.11 The information shall be made available by DPS to a state or local law enforcement agency upon request by that agency.12

Reciprocity

DPS has discretionary authority to recognize concealed handgun licenses issued by other states under certain conditions.13 For a list of states whose concealed handgun licenses are recognized by New Mexico, visit DPS’s web site.

Notes
  1. N.M. Stat. Ann. § 29-19-4(A). ⤴︎
  2. N.M. Stat. Ann. § 29-19-4(B). ⤴︎
  3. N.M. Stat. Ann. § 30-7-2(A). ⤴︎
  4. Id. An applicant for a concealed handgun license shall submit a non-refundable $100 application fee. N.M. Code R. § 10.8.2.12(G). Additional concealed handguns license application requirements, as well as license suspension and revocation information, are detailed under N.M. Stat. Ann. §§ 29-19-4 – 29-19-7; N.M. Code R. §§ 10.8.2.7-15, 10.8.2.21, 10.8.2.26. ⤴︎
  5. N.M. Stat. Ann. § 29-19-4(A)(10). ⤴︎
  6. .M. Stat. Ann. § 29-19-7(A). ⤴︎
  7. Id. ⤴︎
  8. N.M. Stat. Ann. § 29-19-7(B). ⤴︎
  9. N.M. Stat. Ann. § 29-19-3. ⤴︎
  10. N.M. Stat. Ann. § 29-19-6(F), (G). ⤴︎
  11. N.M. Stat. Ann. § 29-19-6(B). ⤴︎
  12. Id. ⤴︎
  13. N.M. Stat. Ann. § 29-19-12(E). See also N.M. Code R. § 10.8.2.29 (reiterating this authority). ⤴︎

Concealed Weapons Permitting in New York

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

New York prohibits the possession of a loaded handgun, short-barreled shotgun or rifle, or a loaded or unloaded assault weapon outside of the home or place of business without a license.1 The term “loaded firearm” includes any firearm possessed by a person who also possesses any ammunition which may be discharged by the firearm, whether the firearm is loaded or unloaded.2

New York is a “may issue” state, meaning that local law enforcement has discretion in determining whether to issue a concealed weapons license to an applicant. A license to carry a concealed handgun may be granted by the appropriate licensing authority on the same basis as a license to possess a handgun (see Prohibited Purchasers Generally in New York), except that those seeking to carry a handgun without regard to employment or place of possession must show “proper cause.”3

Licenses to carry a handgun held by persons who are later convicted of a felony or serious offense are automatically revoked upon conviction.4 In certain situations, a court issuing a domestic violence order of protection or finding that an individual violated an order of protection must revoke the individual’s license to carry a handgun or, if none exists, order the individual ineligible for a license.5

Firearm Safety Training

New York does not generally require applicants for a license to carry a handgun to undergo firearm safety training. However, in the county of Westchester, at the time of application, the licensing officer to which the license application is made must provide a copy of the safety course booklet to each license applicant.6 Before the license is issued, the licensing officer must require that the applicant submit a certificate of successful completion of a firearms safety course and test affirmed by a duly authorized instructor.7 Note that these requirements apply to all handgun licensees in the county of Westchester, not just those for a license to carry a handgun.

Duration & Renewal

Licenses are generally valid until revoked, but have a fixed duration in New York City (three years) and in Nassau, Suffolk and Westchester Counties (five years).8

Disclosure or Use of Information

New York has no specific laws relating to the disclosure or use of information collected from licensees and applicants.

Reciprocity

No relevant statutes currently exist, indicating that New York does not recognize concealed weapons permits issued in other states.

Notes
  1. N.Y. Penal Law §§ 265.02(7), 265.03(3). ⤴︎
  2. N.Y. Penal Law § 265.00(15). ⤴︎
  3. N.Y. Penal Law § 400.00(2)(f). ⤴︎
  4. N.Y. Penal Law § 400.00(11). ⤴︎
  5. N.Y. Family Ct. Act § 842-a. Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under N.Y. Penal Law § 400.00(3), (4), (4-a), and (7). ⤴︎
  6. N.Y. Penal Law § 400.00(1)(f), (4-b). ⤴︎
  7. Id. ⤴︎
  8. N.Y. Penal Law § 400.00(10). ⤴︎

Concealed Weapons Permitting in North Carolina

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

North Carolina is a “shall issue” state, meaning that the local sheriff must issue a concealed handgun permit if the applicant meets certain qualifications. Pursuant to state law, a sheriff must issue a permit to an applicant who:

  • Is a citizen of the United States or has been lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20) and has been a resident of the state 30 days or longer immediately preceding the filing of the application;
  • Is 21 years of age or older;
  • Does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun; and
  • Has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the state laws governing the carrying of a concealed handgun and the use of deadly force.1

State law requires a sheriff to deny a permit to an applicant who:

  • Is ineligible to own, possess, or receive a firearm under state or federal law;
  • Is under indictment for a felony or against whom a finding of probable cause exists for a felony;
  • Has been adjudicated guilty of a felony in any court, unless: (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade, or (ii) the person’s firearm rights have been restored pursuant to state law;
  • Is a fugitive from justice;
  • Is an unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug or other controlled substance;
  • Is currently, or has been previously adjudicated to be, lacking mental capacity or mentally ill, unless his or her eligibility has been restored;2
  • Is or has been discharged from the Armed Forces under conditions other than honorable;
  • Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more specified crimes of violence constituting a misdemeanor within three years of the date of application (See N.C. Gen. Stat.§ 14‑415.12(b)(8).);
  • Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor for certain types of assault and battery, stalking, child abuse, and domestic criminal trespass crimes, and a violation of a protective order;
  • Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a result of a conviction of a misdemeanor crime of domestic violence;
  • Has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel;
  • Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit;
  • Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him or her from obtaining a concealed handgun permit; or
  • Has been convicted of an impaired driving offense within three years prior to the date on which the application is submitted.3

A 2015 law prevents a sheriff from seeking certain kinds of additional information to make this determination.4

Except when on one’s own premises, a person who willfully and intentionally carries a concealed firearm without a permit commits a misdemeanor. A second offense constitutes a felony.5

Firearm Safety Training

All persons applying for a license to carry a concealed deadly weapon in North Carolina must complete a training course involving the actual firing of handguns and instruction in the laws of the State governing the carrying of concealed handgun and the use of deadly force.6 The North Carolina Criminal Justice Education and Training Standards Commission must prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision.7 An approved course must be any course which satisfies the requirements of this subdivision and is certified or sponsored by:

  • The North Carolina Criminal Justice Education and Training Standards Commission,
  • The National Rifle Association, or
  • A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission or the National Rifle Association.8

Every instructor of an approved course must file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission.9

A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class constitutes evidence of qualification under this section.10

Duration & Renewal

A North Carolina concealed carry permit is valid for up to five years.11 A criminal background check is performed each time a permit is renewed.12

Disclosure or Use of Information

The sheriff must maintain a list of the name and identifying information of each person issued a concealed handgun permit. This information is confidential and is not a public record, but the sheriff must make it available to state and local law enforcement upon request.13

Reciprocity

A concealed handgun permit issued by any other state is valid in North Carolina.14

 

Notes
  1. N.C. Gen. Stat. §14-415.12. ⤴︎
  2. See N.C. Gen. Stat. §§ 122C-54.1, 14-415.12(c). ⤴︎
  3. N.C. Gen. Stat. § 14-415.12(b). Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under state law. N.C. Gen. Stat. §§ 14-415.13 through 14-415.18. ⤴︎
  4. N.C. Gen. Stat. § 14‑415.13. ⤴︎
  5. N.C. Gen. Stat. §14-269. ⤴︎
  6. N.C. Gen. Stat. § 14-415.12(a)(4). ⤴︎
  7. Id. ⤴︎
  8. Id. ⤴︎
  9. Id. ⤴︎
  10. Id. ⤴︎
  11. N.C. Gen. Stat. § 14-415.11(b). ⤴︎
  12. N.C. Gen. Stat. § 14-415.16(c). ⤴︎
  13. N.C. Gen. Stat. § 14-415.17(c). ⤴︎
  14. N.C. Gen. Stat. § 14-415.24. ⤴︎

Concealed Weapons Permitting in North Dakota

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

No person other than a law enforcement officer may carry a firearm concealed unless the person is licensed to do so.1 Pursuant to state law, a firearm is considered “concealed” if any one of the following apply:

  • The firearm is being carried in such a manner as to not be discernible by the ordinary observation of a passerby, even if it is not absolutely invisible;
  • The firearm is worn under clothing and not secured;
  • The firearm is carried in a bundle that is held or carried by the individual and not secured; or
  • The firearm is being transported not secured in a vehicle,2 and is available to the individual, including beneath the seat or in a glove compartment.3

North Dakota is a “shall issue” state, meaning that local law enforcement must issue a concealed deadly weapon license if the applicant meets certain qualifications. Pursuant to North Dakota law, to qualify for a permit an applicant must:

  • Be eligible to possess a firearm under state and federal law;
  • Be able to demonstrate that he or she is a resident of this state by providing a copy of a valid driver’s license or state-issued identification card or can demonstrate that he or she is a resident of a state which state has reciprocity with North Dakota and the individual possesses a valid concealed carry permit from his or her state of residence;
  • Pass a criminal records check conducted by the Bureau of Criminal Investigation and the FBI, after providing all documentation relating to any court-ordered treatment or commitment for mental health or alcohol or substance abuse or incidents of domestic violence, and providing written authorization for disclosure of mental health and alcohol or substance abuse evaluation and treatment records.4The Bureau must conduct a statewide and federal criminal history record check for the purpose of determining eligibility for a concealed weapons license for each applicant for an initial license or the renewal of a concealed weapons license. If the applicant is not a United States citizen, an immigration alien query must be conducted.5

The attorney general must offer Class 1 and Class 2 licenses.6 A Class 1 license may not be issued to any individual who:

  • Has been convicted of a felony;
  • Has been convicted of a crime of violence:
  • Has been convicted of an offense involving the use of alcohol within the ten years preceding the date of application;
  • Has been convicted of a misdemeanor offense involving the unlawful use of narcotics or other controlled substances within the ten years preceding the date of application;
  • Has been convicted of an offense involving moral turpitude;
  • Has been convicted of an offense involving domestic violence;
  • Has been adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; or
  • Is disqualified to purchase and possess a firearm under federal law.7

Additionally, North Dakota may deny a class 1 license to anyone it has reason to believe is or has been a danger to self or others as demonstrated by evidence, including past pattern of behavior involving unlawful violence or threats of unlawful violence; or conviction of a weapons offense. In determining whether the applicant is or has been a threat to self or others, North Dakota may inspect expunged adult and juvenile court records of arrests and convictions.8

An applicant must be 21 years of age for a Class 1 license, or 18 years of age for a Class 2 license.9 State law appears to make no distinction between the conduct allowed under a Class 1 or a Class 2 license.

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under state law.10

Firearm Safety Training

The applicant must successfully complete a testing procedure conducted by a certified test administrator.11 The person conducting the testing may assess a charge of up to $50 for conducting this testing.12 The attorney general may certify a test administrator based upon criteria and guidelines prescribed by the Director of the Bureau of Criminal Investigation.13

The attorney general must offer Class 1 and Class 2 licenses.14 An applicant for a Class 1 license must:

  • Participate in classroom instruction that sets forth weapon safety rules and the deadly force law of North Dakota;
  • Complete an open book test based upon a manual;
  • Demonstrate familiarity with a firearm or dangerous weapon, through certification by a certified instructor, participation in an organized shooting competition or dangerous weapon course of training, or possession of a license from another state, or evidence of weapons experience during military service; and
  • Complete an actual shooting or certified proficiency exercise.15

An applicant for a Class 2 license is only required to successfully complete the open book test offered for the Class 1 license.16

Duration & Renewal

A license to carry a concealed weapon is currently valid for up to three years; however, beginning July 1, 2011, a license to carry a concealed weapon will be valid for up to five years.17 Fingerprints, which are required as part of an application for an original license, are not required in an application for renewal.18

Disclosure or Use of Information

Information collected from an applicant for a concealed weapons license is confidential information.19 However, the information may be disclosed:

  • To a governmental agency or court for a law enforcement purpose, including the investigation, prosecution, or punishment of a violation of law.
  • To a court to aid in a decision concerning sentence, probation, or release pending trial or appeal.
  • Pursuant to a court order or a judicial, legislative, or administrative agency subpoena issued in North Dakota.20

Reciprocity

Pursuant North Dakota law, a valid license to carry issued by another state which recognizes the concealed carry licenses of North Dakota is valid in North Dakota.21

For a list of states with which North Dakota has signed formal reciprocity agreements, see the North Dakota Permit Reciprocity page, maintained by the North Dakota Attorney General.

Notes
  1. N.D. Cent. Code § 62.1-04-02. ⤴︎
  2. “Secured” means closed into a trunk or non-passenger part of a vehicle; placed into a closed and secure carrying device; rendered inoperative by use of a trigger, hammer, cylinder, slide, or barrel-locking device that renders the firearm incapable of firing until the device is unlocked and removed; or so disassembled or disabled as to be rendered incapable of firing. N.D. Cent. Code § 62.1-01-01(11). ⤴︎
  3. N.D. Cent. Code § 62.1-04-01. A firearm that falls within the above definition of “concealed” is still not considered “concealed” if it is carried in a belt holster which is wholly or substantially visible; carried in a case designed for carrying a firearm and which is wholly or substantially visible; carried in the field while lawfully engaged in hunting, trapping, or target shooting; carried unloaded and in a secure wrapper to or from the place of purchase to the purchaser’s home, place of business, or place of repair; an unloaded long gun carried in a vehicle; or an unloaded weapon that will expel or is readily capable of expelling a projectile by action of a spring, compressed air, or compressed gas, including a BB gun, air rifle, or CO[2] gun, while carried in a motor vehicle. Id. ⤴︎
  4. N.D. Cent. Code § 62.1-04-03. ⤴︎
  5. N.D. Cent. Code § 12-60-24. ⤴︎
  6. N.D. Cent. Code § 62.1-04-03(2). ⤴︎
  7. N.D. Cent. Code § 62.1-04-03(1)(c). ⤴︎
  8. N.D. Cent. Code § 62.1-04-03(1)(e). ⤴︎
  9. Id. ⤴︎
  10. N.D. Cent. Code § 62.1-04-03, and N.D. Admin. Code r. 10-12-01-01 through 10-12-01-11. ⤴︎
  11. N.D. Cent. Code § 62.1-04-03(1)(d). ⤴︎
  12. Id. ⤴︎
  13. Id. ⤴︎
  14. N.D. Cent. Code § 62.1-04-03(2). ⤴︎
  15. Id. ⤴︎
  16. N.D. Cent. Code § 62.1-04-03(2). ⤴︎
  17. N.D. Cent. Code § 62.1-04-03(5); see also 2009 N.D. HB 2415, § 1(5). ⤴︎
  18. Id. ⤴︎
  19. N.D. Cent. Code § 62.1-04-03(9). ⤴︎
  20. Id. ⤴︎
  21. N.D. Cent. Code § 62.1-04-03.1. ⤴︎

Concealed Weapons Permitting in Ohio

Ohio allows a person to carry a concealed handgun in public if the person has a license. A person who knowingly carries or conceals a handgun without a license is criminally liable for a misdemeanor.1

Ohio is a “shall issue” state, meaning that local law enforcement must issue a license to carry a concealed handgun if an applicant meets certain qualifications. Ohio defines a handgun as “[a]ny firearm that has a short stock and is designed to be held and fired by the use of a single hand.” Any combination of parts from which a handgun can be assembled is also considered a handgun.2

A concealed handgun license applicant will not be granted a license unless he or she:

• Is legally living in the United States and has been an Ohio resident for at least 45 days and a resident of the county in which he or she is applying, or the adjacent county, for at least 30 days;

• Is at least 21 years of age;

• Is not a fugitive from justice;

• Is not under indictment for, and has not been charged with, convicted of or pled guilty to, a felony;

• Is not under indictment for, and has not been charged with, a misdemeanor offense of violence and, within the three years prior to the application, has not been convicted of, or pled guilty to, a misdemeanor offense of violence (with certain exceptions);

• Is not under indictment for, and has not been charged with: 1) negligent assault with a dangerous ordnance (which includes an automatic or sawed-off firearm, zip-gun, any firearm or ammunition designed for military purposes, firearm muffler or silencer, or any combination of parts intended for converting a firearm or other device into a dangerous ordnance) or deadly weapon; or 2) falsification or alteration of a license to carry a handgun;

• Is not under indictment for, and has not been charged with, convicted of or pled guilty to, a drug offense;

• Has not, within the five years prior to the application, been convicted of, pled guilty to, or been adjudicated a delinquent child for committing two or more acts of assault or negligent assault with a dangerous ordnance or deadly weapon;

• Has not, within the ten years prior to the application, been convicted of, pled guilty to, or been adjudicated a delinquent child for resisting arrest;

• Has not been adjudicated as a mental defective, committed to a mental institution, or found by a court to be mentally ill subject to hospitalization, and is not under adjudication of mental incompetence or an involuntary patient at any hospital for purposes of mental health treatment;

• Is not subject to a protection order of any state;

• Certifies that he or she desires to carry a handgun for defense of self or family while engaged in lawful activity;

• Submits a certificate of completion of a firearms safety training course;

• Certifies that he or she has read the firearms safety pamphlet prepared by the Ohio Peace Officer Training Commission (“Commission”); and

• Is not subject to suspension of a license to carry a concealed handgun for violating certain state concealed weapons laws.3

Firearm Safety Training

To obtain a license, an applicant must complete a training course that demonstrates competency in firearm use and safety, and must provide evidence of completion of such training course with his or her application.4 The competency certification must have occurred within the three years immediately preceding the application.5

Each acceptable course, class, or program must include at least 12 hours of training in the safe handling and use of a firearm, and include:

• At least 10 hours of training regarding:

o The ability to name, explain, and demonstrate the rules for safe handling of a handgun and proper storage practices for handguns and ammunition;

o The ability to demonstrate and explain how to handle ammunition in a safe manner;

o The ability to demonstrate the knowledge, skills, and attitude necessary to shoot a handgun in a safe manner; and

o Gun handling training; and

• At least two hours of training that consists of range time and live-fire training.6

The applicant must also pass a competency examination that includes:

• A written section on the ability to name and explain the rules for the safe handling of a handgun and proper storage practices for handguns and ammunition; and

• A physical demonstration of competence in the use of a handgun and in the rules for safe handling and storage of a handgun and a physical demonstration of the attitude necessary to shoot a handgun in a safe manner.7

Duration & Renewal

An Ohio license to carry a concealed handgun is valid for up to five years if issued on or after March 14, 2007.8 A license issued before that date is valid for up to four years.9

An individual may also obtain a temporary emergency license to carry a concealed handgun. These licenses are valid for up to 90 days, may not be renewed, and may only be obtained once every four years.10

Disclosure or Use of Information

Ohio does not allow the identity of concealed handgun applicants to be made public. Ohio law requires a sheriff to destroy all records created for a background check 20 days after conducting a check for a license application. Sheriffs may retain only the application itself.11

Ohio law also provides that a sheriff’s records relative to the issuance, renewal, suspension or revocation of a license to carry a concealed handgun are confidential and not public records.12 In 2015, Ohio repealed a law that allowed journalists to view information about concealed carry licensees if the information would be in the public interest.13

Reciprocity

Ohio requires the Attorney General to enter into a reciprocity agreement with any state that recognizes a license to carry a concealed handgun issued in Ohio and has eligibility requirements for a concealed handgun license that are “substantially comparable” to those of Ohio.14

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Notes
  1. Ohio Rev. Code § 2923.12. ⤴︎
  2. Ohio Rev. Code § 2923.11(C). ⤴︎
  3. Ohio Rev. Code § 2923.125(D)(1). ⤴︎
  4. See Ohio Rev. Code § 2923.125(B). ⤴︎
  5. Ohio Rev. Code § 2923.125(B)(3). ⤴︎
  6. Ohio Rev. Code § 2923.125 (G)(1). ⤴︎
  7. Ohio Rev. Code § 2923.125(G)(2). ⤴︎
  8. Ohio Rev. Code  § 2923.126(A). ⤴︎
  9. Id., Ohio Rev. Code § 2923.125(D)(2). See Ohio Rev. Code § 2923.125(F) for renewal requirements. ⤴︎
  10. Ohio Rev. Code § 2923.1213(B)(2). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Ohio Rev. Code Ann. §§ 2923.125 and 2923.128. ⤴︎
  11. Ohio Rev. Code § 311.41(B), (C). ⤴︎
  12. Ohio Rev. Code § 2923.129(B)(1). ⤴︎
  13. 2015 OH HB 64. ⤴︎
  14. Ohio Rev. Code § 109.69(A). ⤴︎

Concealed Weapons Permitting in Oklahoma

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Since 2012, Oklahoma has authorized persons with a valid handgun license to carry both concealed and unconcealed handguns in public, either loaded or unloaded, subject to certain rules and limitations.1 Oklahoma is a “shall issue” state, meaning that law enforcement authorities must issue a handgun license to any applicant who meets certain legal requirements.2

Oklahoma law generally prohibits carrying a concealed or unconcealed handgun without a valid “handgun license,” except where otherwise provided by law.3 Subject to limited exceptions, any person who possesses a handgun on or about his or her person or in a container, whether the firearm is loaded or unloaded, and whether concealed or unconcealed, without a valid handgun license, is criminally liable for a misdemeanor.4  However, this section does not prohibit the proper carrying and use of handguns or other firearms for hunting, educational, recreational, and “living history reenactment” purposes.5

Oklahoma defines a “Concealed handgun” as “a loaded or unloaded [handgun], the presence of which is not openly discernible to the ordinary observation of a reasonable person.6

Eligibility for Handgun License in Oklahoma

As a “shall issue” state, Oklahoma requires the Oklahoma State Bureau of Investigation (“OSBI”) to issue a handgun license to any applicant who meets all of the conditions of eligibility for a handgun license.7  To be approved, a person seeking a handgun license must:8

  • Be a citizen of the United States;
  • Establish residency in Oklahoma (possess a valid Oklahoma driver’s license or state photo identification card, and physically maintain a residence in the state or have permanent military orders within the state and possess a valid driver license from the state where the person claims residency);
  • Be at least age 21;
  • Complete a firearms safety and training course and demonstrate competence and qualifications with the type of handgun to be carried by the person, and submit proof of such training and qualification or an exemption;
  • Submit the required fee and complete the application process; and
  • Comply in good faith with the provisions of the Oklahoma Self-Defense Act.

Persons who are ineligible to obtain a handgun license include any person who:9

  • Is ineligible to possess a handgun due to any felony conviction or adjudication as a delinquent;10
  • Has a felony conviction pursuant to the law of any state, the United States, or a foreign nation;11
  • Is adjudicated incompetent in Oklahoma12 or another state pursuant to any provision of law of that state;
  • Makes any false or misleading statement on the application for a handgun license;
  • Is convicted of certain enumerated misdemeanor offenses including: any assault and battery which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction; any aggravated assault and battery; any stalking offense under Oklahoma law or similar law of another state; a violation of the Oklahoma Protection from Domestic Abuse Act13 or any violation of a victim protection order of another state; a conviction relating to illegal drug use or possession within the last ten years; or an act of domestic abuse under Oklahoma law, an act of domestic assault and battery, or any comparable acts under the laws of another state;
  • Has attempted suicide or has had any other condition relating to or indicating mental instability or an unsound mind within the last ten years;
  • Is currently undergoing treatment for a mental illness, condition, or disorder (i.e., “has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life”);
  • Has significant character defects as evidenced by a misdemeanor criminal record indicating habitual criminal activity;
  • Has failed to pay an assessed fine or surrender a previous license as required by a decision of the authorized administrative hearing examiner; or
  • Is subject to an outstanding felony warrant.

Other factors precluding a person from obtaining a handgun license, some of which apply only for specified periods of time, include:14

  • An arrest for a felony or a pending felony charge. The person is precluded until the final determination of the matter;
  • A deferred sentence or deferred prosecution for the commission of a felony. The person is precluded for three years from the final determination of the matter;
  • Any involuntary commitment for a mental illness, condition, or disorder under Oklahoma law15 or any involuntary commitment in another state pursuant to any provisions of law of that state;
  • Treatment for a mental illness, condition, or disorder that required medication or supervision, per Oklahoma law,16 unless a licensed physician certifies that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten years or more. Otherwise, the person is precluded for three years from the last date of treatment;17
  • Inpatient treatment for substance abuse unless a licensed physician certifies that the person has been free from substance use for 12 months or more. Otherwise, the person is precluded for three years from the last date of treatment;
  • Two or more convictions of public intoxication. The person is precluded for three years from the date of the completion of the last sentence;
  • Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol, unless a licensed physician certifies that the person is not in need of substance abuse treatment. Otherwise, the person is precluded for three years from the date of the completion of the last sentence;
  • A court order for a final victim protection order against the applicant,18 or any court order granting a final victim protection order against the applicant from another state. The person is precluded for three years from the date of the entry of the final court order, or 60 days from the date an order was vacated, cancelled or withdrawn;
  • Having an adjudicated delinquent or convicted felon residing in the applicant’s residence. The person is precluded until 30 days after the person no longer resides in the same residence as the applicant; or
  • An arrest for an alleged commission of, a charge pending for, or being subject to a deferred sentence or a deferred prosecution for one or more of the following misdemeanor offenses in the state or another state: assault and battery which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction; aggravated assault and battery; stalking under Oklahoma law19 or a similar law of another state; a violation of the Oklahoma Protection from Domestic Abuse Act,20 or any violation of a victim protection order of another state; any violation relating to illegal drug use or possession; or an act of domestic abuse under Oklahoma law,21 or an act of domestic assault and battery or comparable acts under the laws of another state. The person is precluded for three years following the final determination of the matter.

In addition, OSBI must deny the license if the applicant is 28 years of age or younger and a record on the state’s Juvenile Online Tracking System indicates that within the last ten years the applicant was adjudicated delinquent for an offense that would constitute a felony if committed by an adult.22

Handgun License Application Process

Oklahoma requires that OSBI, upon receipt of a handgun license application and required information from the sheriff, must forward one full set of fingerprints of the applicant to the Federal Bureau of Investigation for a national criminal history records search.23  OSBI is directed to “make a reasonable effort to investigate the information submitted by the applicant and the sheriff, to ascertain whether or not the issuance of a handgun license would be in violation of the provisions of the Oklahoma Self-Defense Act.”24 The investigation by the Bureau of an applicant shall include, but shall not be limited to: a statewide criminal history records search, a national criminal history records search, a Federal Bureau of Investigation fingerprint search, and if applicable, an investigation of medical records or other records or information deemed by the Bureau to be relevant to the application.25

If the background check shows no records pertaining to the applicant, OSBI must either issue a handgun license or deny the application within 60 days of receipt of the applicant’s completed application and the required information from the county sheriff.26 In all other cases, OSBI must either issue or deny the license within 90 days of receipt of this information.27 Since 2012, Oklahoma law now also instructs OSBI to issue handgun licenses by first-class mail directly to approved applicants, instead of through local law enforcement officials.28

For detailed information on the handgun license application process and the background check procedure by OSBI, see Okla. Stat. Ann. tit., 21, §§ 1290.12, 1290.18; Okla. Admin. Code §§ 375:25-1-1—375:25-1-10. For circumstances where the OSBI may suspend or revoke a concealed handgun license, and any penalties relating to suspension or revocation, see Okla. Stat. Ann. tit., 21, § 1290.17.

Firearm Safety Training

Applicants for handgun licenses to carry a concealed or unconcealed handgun must successfully complete a firearms safety and training course conducted by a registered and approved firearms instructor or from an interactive online firearms safety and training course available electronically via the Internet approved and certified by the Council on Law Enforcement Education and Training.29 The applicant must further demonstrate competence and qualification with an authorized handgun of the type or types that the applicant desires to carry concealed.30

Course content shall include: a) a safety inspection of the firearm to be used by the applicant; b) instruction on handling, safety and storage; c) dynamics of ammunition and firing; d) methods or positions for firing a handgun; e) information about the criminal provisions of Oklahoma law relating to firearms; f) the requirements of the Oklahoma Self-Defense Act; g) self-defense and the use of appropriate force; h) a practice shooting session; and i) a familiarization course.31

The required firearms safety and training course and the demonstration of competency and qualification shall be designed and conducted so requirements can be completed in eight hours. The instructor-to-student ratio of a course must not exceed ten students.32 Successful applicants receive a certificate of completion of the course.33

The Oklahoma Council on Law Enforcement Education and Training (CLEET) is required to establish criteria for approving firearms instructors for training and qualifying individuals for a concealed handgun license.34 Such applicants must attend a state-authorized firearms instructor school and complete a course of a minimum of 16 hours that qualifies the person to provide instruction on revolvers, semiautomatic pistols, or both.35

Duration & Renewal

A handgun license is generally valid for a period of five years.36 Since November 1, 2007, license applicants or renewal applicants have had the option of making their license valid for a period of 10 years.37

A license may be renewed any time within 90 days prior to its expiration date.38 Applicants have three years from the expiration of the license to comply with the renewal requirements, however.39 To renew his or her license, a licensee must complete the renewal form, attach two current passport size photographs, and submit an $85 renewal fee. OSBI conducts a criminal history records name search, and an investigation of medical records and other relevant information. If the applicant does not fall into any prohibited category, OSBI issues a renewal license valid for either five or 10 years.40

Disclosure or Use of Information

OSBI is required to maintain an automated listing of all persons issued a handgun license, as well as all suspended or revoked licenses, along with any forms, photographs, fingerprints and other such information on each applicant/licensee.41 This information is only available to a law enforcement officer or agency upon request for law enforcement purposes.42

Each year, OSBI must submit a statistical report for the preceding calendar year to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, including, but not limited to, data on the numbers of handgun licenses approved and issued and the numbers of licenses suspended, revoked or denied in the following categories: age, sex, race, county and any other category deemed relevant by the Bureau.43

Reciprocity

Oklahoma recognizes any valid concealed or unconcealed carry weapons permit or license issued by another state.44

Any person entering [Oklahoma] in possession of a firearm authorized for concealed or unconcealed carry upon the authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in [Oklahoma]; provided the license from the other state remains valid. The firearm must either be carried unconcealed or concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed or unconcealed firearm pursuant to a valid concealed or unconcealed carry weapons permit or license issued in another state.45

Additionally, since 2012, Oklahoma has also authorized firearm owners residing in nonpermitting carry states to carry a concealed firearm in Oklahoma provided they are authorized for concealed carry upon the authority of a nonpermitted carry state and are otherwise in compliance with the Oklahoma Self-Defense Act. The person must carry the firearm fully concealed from detection and view, and upon coming in contact with any peace officer of Oklahoma, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to the nonpermitting laws of the state in which he or she is a legal resident.46

Any person age 21 or older who possesses a valid firearm license from another state may apply for an Oklahoma handgun license immediately upon establishing a residence in Oklahoma.47

 

 

Notes
  1. See Okla. Stat. Ann. tit. 21, § 1290.5. ⤴︎
  2. See Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  3. Okla. Stat. Ann. tit., 21, § 1290.4. ⤴︎
  4. Okla. Stat. Ann. tit. 21, §§ 1272, 1276. ⤴︎
  5. Okla. Stat. Ann. tit. 21, § 1272(A). ⤴︎
  6. (Okla. Stat. Ann. tit. 21, § 1290.2(A)(1). See also Okla. Stat. Ann. tit. 21, § 1290.2(A)(3)(defining “pistol” to include revolvers). ⤴︎
  7. See Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  8. Okla. Stat. Ann. tit. 21, § 1290.9. ⤴︎
  9. Okla. Stat. Ann. tit. 21, § 1290.10. ⤴︎
  10. See Okla. Stat. Ann. tit. 21, § 1283(B). ⤴︎
  11. Id. ⤴︎
  12. See Okla. Stat. Ann. tit. 43A, § 1-101 et seq. ⤴︎
  13. Okla. Stat. Ann. tit. 22, § 60 et seq. ⤴︎
  14. Okla. Stat. Ann. tit. 21, § 1290.11. ⤴︎
  15. See Okla. Stat. Ann. tit. 43A, § 5-410. ⤴︎
  16. See Okla. Stat Ann. tit. 21, § 1290.10. ⤴︎
  17. See Okla. Admin. Code § 375:25-1-5.2 for details regarding the physician’s statement. ⤴︎
  18. As authorized by Okla. Stat. Ann. tit. 22, § 60 et seq. ⤴︎
  19. See Okla. Stat. Ann. tit. 21, § 1173. ⤴︎
  20. Okla. Stat. Ann. tit. 22, § 60 et seq. ⤴︎
  21. Okla. Stat. Ann tit. 21, § 644. ⤴︎
  22. Okla. Stat. Ann. tit. 21, § 1290.12(A)(12)(b). ⤴︎
  23. Okla. Stat. Ann. tit. 21, § 1290.12(A)(10). ⤴︎
  24. Okla. Stat. Ann. tit. 21, § 1290.12(A)(12). ⤴︎
  25. Id. ⤴︎
  26. Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  27. Id. ⤴︎
  28. Okla. Stat. Ann. tit. 21, § 1290.12(A)(13). ⤴︎
  29. Okla. Stat. Ann. tit. 21, §§ 1290.12(A)(2), 1290.14(A). ⤴︎
  30. Id. ⤴︎
  31. Okla. Stat. Ann. tit. 21, § 1290.14(E). ⤴︎
  32. Id. ⤴︎
  33. Id. ⤴︎
  34. Okla. Stat. Ann. tit. 21, § 1290.14(B). ⤴︎
  35. Id. ⤴︎
  36. Okla. Stat. Ann. tit. 21, § 1290.5(A). ⤴︎
  37. Okla. Stat. Ann. tit. 21, § 1290.5(C). ⤴︎
  38. Okla. Stat. Ann. tit. 21, § 1290.5(B). ⤴︎
  39. Id. ⤴︎
  40. Id. ⤴︎
  41. Okla. Stat. Ann. tit. 21 § 1290.13. ⤴︎
  42. Id. ⤴︎
  43. Okla. Stat. Ann. tit. 21, § 1290.16. ⤴︎
  44. Okla. Stat. Ann. tit, 21, § 1290.26. ⤴︎
  45. Okla. Stat. Ann. tit, 21, § 1290.26(A). ⤴︎
  46. Okla. Stat. Ann. tit, 21, § 1290.26(B). ⤴︎
  47. Okla. Stat. Ann. tit, 21, § 1290.26(C). ⤴︎

Concealed Weapons Permitting in Oregon

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Oregon does not prohibit a person from knowingly carrying a concealed firearm if he or she has a license to do so.1 The license requirement does not apply to, inter alia, a person owning, possessing, or keeping a handgun within his or her residence or place of business, including a recreational vessel or recreational vehicle while used as residential quarters.2

Oregon is characterized as a “shall issue” state, meaning that local law enforcement must issue a concealed handgun license if the applicant meets certain qualifications.3 Oregon provides law enforcement some discretion in issuing or denying such licenses, however. A sheriff may deny a license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to himself or herself or others, or to the community at large, as a result of the applicant’s mental or psychological state, as demonstrated by a past pattern of behavior or participation in incidents involving unlawful violence or threats of unlawful violence.4 Any act or condition that would prevent the issuance of a license is also cause for revoking a license.5

The county sheriff shall issue a license if the applicant:

  • Is a citizen of the United States or is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;
  • Is at least 21 years of age;
  • Is a resident of the county;
  • Has no outstanding warrants for arrest;
  • Is not free on any form of pretrial release;
  • Demonstrates competence with a handgun by completing a course or class meeting the necessary specifications (see the Firearms Safety Training subsection, below);
  • Has never been convicted of a felony or found “guilty, except for insanity” of a felony;
  • Has not been convicted of a misdemeanor or found “guilty, except for insanity” of a misdemeanor within the four years prior to the application;
  • Has not been committed to the Oregon Health Authority;
  • Has not been found to be mentally ill and is not subject to an order that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
  • Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence;
  • Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program including a misdemeanor conviction for the possession of marijuana unless it is the person’s first conviction or drug diversion;
  • Has not received a dishonorable discharge from the U.S. Armed Forces;
  • Is not required to register as a sex offender in any state; and
  • Is not subject to a citation for stalking or a protective order issued pursuant to certain statutory provisions.6

The application for a concealed handgun license also requires two character references in support of the applicant.7

Firearms Safety Training

An applicant for a concealed handgun license must demonstrate competence with a handgun by completing a state-authorized course, class or competition, including:

  • Completion of any hunter education or hunter safety course approved by the Oregon Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;
  • Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;
  • Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;
  • Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;
  • Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;
  • Presenting evidence of equivalent experience with a handgun through participation in an organized shooting competition or military service; or
  • Being licensed or having been licensed to carry a firearm in Oregon, unless the license has been revoked.8

Duration and Renewal Requirements

An Oregon concealed handgun license is valid for four years from the date of issue, unless revoked.9 A license is renewable by undergoing the same procedures for issuance of an original license, except for the fingerprint and character reference requirements.10 An otherwise expired license continues to be valid for up to 45 days after the licensee applies for renewal, provided the licensee applies for renewal before the original license expires, has proof of the application for renewal, and the renewal has not been denied.11 The fee for renewal is $50.12

Disclosure or Use of Information

Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant’s name into the state Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or a license holder.13 The sheriff must keep a record of each license issued or renewed.14 The sheriff also must submit annually to DSP a report containing the number of concealed handgun licenses revoked during that period and the reasons for the revocations.15

DSP may retain a record of the information obtained during a request for a criminal records check for no more than five years.16

Generally, a public body may not disclose records or information that identifies a person as a current or former holder of, or applicant for, a concealed handgun license, unless:

  • The information is used for law enforcement;
  • The public body determines that a compelling public interest requires disclosure in the particular instance and the disclosure is limited to the name, age and county of residence of the holder or applicant; or
  • The disclosure is limited to confirming or denying that a person convicted of a crime involving the use or possession of a firearm is a current holder of a concealed handgun license; and disclosure is made to a bona fide representative of the news media in response to a request for disclosure that provides the name and age of the person convicted of the crime involving the use or possession of a firearm.17

A public body may also disclose concealed carry permittee information to certain domestic violence victims.18

Reciprocity

Oregon has no laws addressing the ability of concealed weapons license holders from other states to carry their concealed firearms in the state. A county sheriff may waive the residency requirement for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need for an Oregon concealed handgun license.19

Notes
  1. Or. Rev. Stat. § 166.250(1)(a). Firearms carried openly in belt holsters are not considered concealed. Or. Rev. Stat. § 166.250(3). ⤴︎
  2. Or. Rev. Stat. § 166.250(2)(b). ⤴︎
  3. Or. Rev. Stat. § 166.291(1). ⤴︎
  4. Or. Rev. Stat. § 166.293(2). ⤴︎
  5. Or. Rev. Stat. § 166.293(3). ⤴︎
  6. Or. Rev. Stat. § 166.291(1). See Or. Rev. Stat. §§ 30.866 (actions for issuance or violation of stalking protective order), 107.700 to 107.735 (the Family Abuse Prevention Act) or 163.738 (court provisions regarding a stalking protective order). ⤴︎
  7. See Or. Rev. Stat. § 166.291. ⤴︎
  8. Or. Rev. Stat. § 166.291(1)(f)(A)-(G). ⤴︎
  9. Or. Rev. Stat. § 166.292(4). ⤴︎
  10. Or. Rev. Stat. § 166.295(1)(a). ⤴︎
  11. Or. Rev. Stat. § 166.295(1)(b). ⤴︎
  12. Or. Rev. Stat. § 166.291(5)(a)(B). ⤴︎
  13. Or. Rev. Stat. § 166.291(7). ⤴︎
  14. Or. Rev. Stat. § 166.292(5). ⤴︎
  15. Or. Rev. Stat. § 166.297(1). ⤴︎
  16. Or. Rev. Stat. § 166.412(7)(a). ⤴︎
  17. Or. Rev. Stat. § 192.448. ⤴︎
  18. Id. ⤴︎
  19. Or. Rev. Stat. § 166.291(8). ⤴︎

Concealed Weapons Permitting in Pennsylvania

Pennsylvania law penalizes any person who, without a license, carries a firearm in any vehicle or concealed on or about his or her person, other than at his or her home or business.1

Pennsylvania is a “shall issue” state, meaning that local law enforcement must issue a license to carry a firearm if the applicant meets certain qualifications. Law enforcement must issue a license “if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license.”2 The applicant must state a reason for seeking the license, which may include self-defense, employment, hunting, target shooting, gun collecting, or “another proper reason.”3 A license will be denied if the applicant:

  • Is not 21 years of age;
  • Has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety;
  • Has been convicted of, or adjudicated delinquent in the past ten years for, any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 Pa. Stat. Ann. § 780-101 et seq.);
  • Does not qualify to possess a firearm under Pennsylvania law or has been convicted of, or adjudicated delinquent in the past ten years for, any of the crimes which disqualify individuals from firearm possession under Pennsylvania law (see the Pennsylvania Background Checks and Prohibited Persons in Pennsylvania sections for more information);
  • Is not of sound mind or has ever been committed to a mental institution;
  • Is addicted to or an unlawful user of marijuana or a stimulant, depressant or narcotic drug;
  • Is a habitual drunkard;
  • Has been charged with, or convicted of, a crime punishable by more than one year of imprisonment;
  • Is an undocumented alien;
  • Has been dishonorably discharged from the armed forces;
  • Is a fugitive from justice;
  • Is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling, or transferring a firearm as provided by Pennsylvania law; or
  • Is prohibited from possessing or acquiring a firearm under the United States Code.4

The license may be revoked by the issuing authority for “good cause,” which exists where, among other things, the license holder falls into any of the categories listed above.5

Firearm Safety Training

Pennsylvania law does not require applicants for a license to carry a firearm to undergo firearm safety training or otherwise demonstrate knowledge of firearms safety.

Duration & Renewal

A Pennsylvania license to carry a firearm is valid for up to five years.6

Disclosure or Use of Information

Pennsylvania does not allow personal application or license information of license holders to be made public. All information provided by the license applicant, including but not limited to his or her name or identity, “shall be confidential and not subject to public disclosure.”7

Reciprocity

Pennsylvania law allows the state Attorney General to enter into agreements with other states to honor their concealed weapons permits in Pennsylvania.8 The law requires the Attorney General to annually contact any other state that does not have a reciprocity agreement with Pennsylvania to determine if:

  • The state will negotiate a reciprocity agreement;
  • A licensee may carry a concealed firearm in that state; or
  • A licensee may apply for a license or permit to carry a firearm issued by the state.9

The Attorney General shall maintain a current list of states with any of the above, and the list shall be posted on the Internet, provided to the Pennsylvania State Police and made available to the public upon request. For the current list of such states, see the Pennsylvania Office of the Attorney General web site.

Pennsylvania law also provides an exception to the requirement of a license to carry a firearm for any person who possesses a valid and lawfully issued license or permit to carry a firearm under the laws of another state, regardless of whether a reciprocity agreement exists, if the state provides a reciprocal privilege for individuals licensed to carry firearms under Pennsylvania law, and the Attorney General has determined that the firearm laws of the state are similar to the firearm laws of Pennsylvania.10

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Notes
  1. 18 Pa. Cons. Stat. Ann. § 6106(a)(1). If the offender is otherwise eligible for a license, however, the penalty is less severe. 18 Pa. Cons. Stat. Ann. § 6106(a)(2). Please see the Guns in Vehicles section for a list of exceptions. ⤴︎
  2. 18 Pa. Cons. Stat. Ann. § 6109(e). ⤴︎
  3. 18 Pa. Cons. Stat. Ann. § 6109(c). ⤴︎
  4. 18 Pa. Cons. Stat. Ann. § 6109. ⤴︎
  5. 18 Pa. Cons. Stat. Ann. § 6109(i). Additional application and background check requirements, as well as license suspension and disqualification information, are detailed under 18 Pa. Cons. Stat. Ann. § 6109 and 37 Pa. Code §§ 33.114, 33.115, 33.119. In 2008, Pennsylvania enacted a law allowing local law enforcement to issue a “temporary emergency license to carry a concealed firearm,” which is valid for 45 days. See 18 Pa. Cons. Stat. Ann. § 6109(m.1). To obtain a temporary license, a person must submit evidence of imminent danger to himself or herself or his or her minor child, and a sworn affidavit attesting that he or she is eligible for a license to carry a firearm and not legally prohibited from possessing a firearm. The evidence of imminent danger must take the form of a police report or other document prepared by a law enforcement officer describing facts that give rise to the person’s reasonable fear of criminal attack. The sheriff must conduct a background check prior to issuing a temporary license. Prior to the expiration of the temporary license, if it is not revoked, the sheriff must issue a regular license to carry a firearm to the person. Id. ⤴︎
  6. 18 Pa. Cons. Stat. Ann. § 6109(f); 37 Pa. Code § 33.115(d). Renewal provisions can be found under 18 Pa. Cons. Stat. Ann. § 6109(f)(2). An exception exists to the requirement of a license to carry a firearm for a person whose license expired within the previous six months and who is otherwise eligible for renewal. 18 Pa. Cons. Stat. Ann. § 6106(b)(12). ⤴︎
  7. 18 Pa. Cons. Stat. Ann. § 6111(i); see also 37 Pa. Code § 33.103. ⤴︎
  8. 18 Pa. Cons. Stat. Ann. § 6109(k). ⤴︎
  9. 18 Pa. Cons. Stat. Ann. § 6109(m). ⤴︎
  10. 18 Pa. Cons. Stat. Ann. § 6106(b)(15). ⤴︎

Concealed Weapons Permitting in Rhode Island

See our Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Rhode Island prohibits any person from carrying a handgun (concealed or visible) on or about the person without a license, except in his or her dwelling house or place of business or on land possessed by him or her.1 Also, carrying a handgun without a license is prima facie evidence of an intention to commit a crime of violence in a prosecution for a crime of violence.2

Rhode Island provides law enforcement with some discretion to determine whether or not to issue a concealed handgun license to an applicant. Under Rhode Island law, applicants can obtain a concealed handgun license by applying either to local licensing authorities or to the Attorney General.

Rhode Island law states that the local licensing authorities of any city or town “shall issue” licenses to an eligible applicant (see below) but only “if it appears” that the applicant is (1) “a suitable person to be licensed” and (2) either “has good reason to fear an injury to his or her person or property” or has any other “proper reason” for carrying a handgun.3 Local law enforcement thus retains discretion to determine who is considered “suitable” and has “good” or “proper” reasons for carrying concealed weapons in public.

To apply for a license from a local licensing authority, an applicant must provide his or her fingerprints, photograph, name, address, signature, reason for desiring such a license, and:

  • Be age 21 or older;
  • Have a bona fide residence or place of business in the city or town in which he or she is applying, or a bona fide residence in another state and a license to carry a concealed weapon from that state;
  • Have a certification that he or she is qualified to use a handgun of a caliber equal or larger than the one he or she wants to carry.4

Under Rhode Island law, the state attorney general also “may issue” a license to carry a handgun, “concealed or not,” to a person age 21 or older who makes a “proper showing of need” for the license and has certification of his or her ability to use the handgun.5 The attorney general-issued license, unlike that issued by local authorities, can also be granted to undocumented persons.6

Any handgun license can be revoked for “just cause” by the authority that granted the license.7

Firearm Safety Training

Rhode Island requires all persons seeking concealed handgun license to certify that he or she is qualified to use a handgun of a caliber equal to or greater than the caliber of handgun he or she intends to carry.8 The applicant is required to obtain a score of 195 or better out of a possible score of 300, with 30 consecutive rounds at a distance of 25 yards on any army “L” target firing “slow” fire.9

The range officers of the Rhode Island state police or any city or town police department maintaining a regular and continuing firearms training program, a pistol instructor certified by the National Rifle Association and/or the United States Revolver Association, or any other qualified persons that the attorney general may designate are authorized to certify the qualification.10

Duration and Renewal

A handgun license in Rhode Island is valid for four years.11

Disclosure or Use of Information

In Rhode Island, both the attorney general and local licensing authorities are prohibited from disclosing any information given by an applicant for a concealed handgun license, except as part of a prosecution for violation of the license requirement or in response to a subpoena in a civil or criminal action to which the person is a party.12 The license cannot, in any case, contain the serial number of any firearm.13 Moreover, no government authority in Rhode Island may keep a list or register of privately owned firearms or their owners, unless the firearm has been used in committing a crime of violence, or the individual has been convicted of a crime of violence.14

Reciprocity

Rhode Island allows the holder of a CCW permit from another state to transport a firearm through the state in a vehicle or other conveyance so long as the person has no intent  to detain him or herself or remain within the state of Rhode Island. No other relevant statutes currently exist, indicating that Rhode Island likely does not generally recognize concealed weapons licenses issued in other states.

Notes
  1. R.I. Gen. Laws § 11-47-8(a). ⤴︎
  2. R.I. Gen. Laws § 11-47-4. ⤴︎
  3. R.I. Gen. Laws § 11-47-11(a). In Mosby v. Devine, 851 A.2d 1031 (R.I. 2004) (rejecting a R.I. Const. art. I, § 22 challenge to the state Firearms Act), the Supreme Court of Rhode Island refers to R.I. Gen. Laws § 11-47-11 as a “mandatory” licensing provision, in that an applicant meeting the criteria is entitled to a gun permit, but then acknowledges that local discretion exists in determining who constitutes a “suitable person.” Mosby, 851 A.2d at 1047-48. ⤴︎
  4. R.I. Gen. Laws §§ 11-47-11 and 11-47-15. ⤴︎
  5. R.I. Gen. Laws § 11-47-18(a). ⤴︎
  6. R.I. Gen. Laws § 11-47-18(a). ⤴︎
  7. R.I. Gen. Laws § 11-47-13. ⤴︎
  8. R.I. Gen. Laws § 11-47-15. ⤴︎
  9. Id. The slow fire course shall allow 10 minutes for the firing of each of three 10 shot strings. ⤴︎
  10. R.I. Gen. Laws § 11-47-16. ⤴︎
  11. R.I. Gen. Laws §§ 11-47-11(a), 11-47-12. ⤴︎
  12. R.I. Gen. Laws §§ 11-47-11(b) and 11-47-18(c). ⤴︎
  13. R.I. Gen. Laws § 11-47-11(a). ⤴︎
  14. R.I. Gen. Laws § 11-47-41. ⤴︎

Concealed Weapons Permitting in South Carolina

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

South Carolina generally requires a person to obtain a concealable weapons permit prior to carrying a handgun, whether concealed or unconcealed. Exceptions include:

  • A licensed hunter or fisherman engaged in hunting or fishing or going to or from hunting or fishing while in a vehicle or on foot;
  • Members and guests of organizations or clubs engaging in target shooting or collecting modern and antique firearms;
  • In his or her home or on his or her real property or acting with the permission of the owner or person in legal possession or control of the home or real property; or
  • The owner or person in legal possession or legal control of a fixed place of business, while at the place of business.1

South Carolina is a “shall issue” state, meaning that the South Carolina Law Enforcement Division (“SLED”) must issue a concealable weapons permit if the applicant meets certain qualifications. More specifically, SLED must issue a permit to any state resident or qualified nonresident who is at least 21 years of age, not prohibited by state law from possessing the firearm, and who has submitted “proof of training.”2 A “qualified nonresident” of South Carolina for purposes of a permit to carry a concealable weapon is any individual who owns real property in South Carolina but resides in another state.3

Firearm Safety Training

As part of the application for a permit, applicants must submit “proof of training.”4 “Proof of training” generally means a document that the applicant has demonstrated a proficiency in both the use of handguns and state laws pertaining to handguns, or has completed a handgun education course offered by a law enforcement agency or nationally-recognized organization that promotes gun safety within the last three years.5 The course must include:

  • Information on state law relating to handguns and the use of deadly force;
  • Information on handgun use and safety;
  • Information on the proper storage practice for handguns, with an emphasis on storage practices that reduce the possibility of accidental injury to a child; and
  • The actual firing of the handgun in the presence of an instructor.6

SLED is required to promulgate regulations containing guidelines for the courses and their instructors.7

Duration & Renewal

A concealable weapons permit is valid for five years.8 SLED will renew a permit upon completion of a renewal application, picture identification, and submission of a renewal fee.9

Upon submission of these renewal application materials, SLED must conduct or facilitate a local, state and federal background check of the applicant, and must renew the permit if the background check is favorable to the applicant.10

Disclosure or Use of Information

In South Carolina, SLED must maintain a list of all permit holders and the current status of each permit.11 SLED may release the list of permit holders or verify an individual’s permit status only if the request is made by a law enforcement agency to aid in an official investigation, or if the list is required to be released pursuant to a subpoena or court order.12

During the first quarter of each calendar year, SLED must publish a report including, for the previous calendar year, the number of valid permits, permits issued, denied, renewed, suspended, or revoked, and the name, address, and county of any person whose permit was revoked, including the reason for the revocation. The report must include a breakdown of such information by county.13

Reciprocity

Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by South Carolina, provided the reciprocal state requires applicants to pass a criminal background check and a firearms safety and training course.14 SLED must maintain and publish a list of those states with which South Carolina has reciprocity.15 The current list of states with which South Carolina has reciprocity can be viewed at the SLED website. However, a law enacted in 2016 provides that South Carolina automatically recognizes concealed weapon permits issued by Georgia and North Carolina.16

Notes
  1. S.C. Code Ann. §§ 16-23-20, 16-23-460. ⤴︎
  2. S.C. Code Ann. § 23-31-215(A). ⤴︎
  3. S.C. Code Ann. § 23-31-210(2). ⤴︎
  4. S.C. Code Ann. § 23-31-215(A)(5). ⤴︎
  5. S.C. Code Ann. § 23-31-210(4). ⤴︎
  6. Id. ⤴︎
  7. Id. The guidelines are available at S.C. Code Regs. 73-300 – 73-340. ⤴︎
  8. S.C. Code Ann. § 23-31-215(P). ⤴︎
  9. Id. ⤴︎
  10. S.C. Code Ann. § 23-31-215(Q). ⤴︎
  11. S.C. Code Ann. § 23-31-215(I). ⤴︎
  12. Id. ⤴︎
  13. S.C. Code Ann. § 23-31-215(T). ⤴︎
  14. S.C. Code Ann. § 23-31-215(N). ⤴︎
  15. Id. ⤴︎
  16. Section 23-31-215(N)(2). ⤴︎

Concealed Weapons Permitting in South Dakota

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

South Dakota does not prohibit a person from carrying a concealed handgun on his or her person, loaded or unloaded, if the person has a permit.1

On March 19, 2012, the Governor of South Dakota vetoed a bill that would have allowed the carrying of concealed weapons without a permit.

South Dakota is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons permit if the applicant meets certain qualifications. The sheriff of the county in which the applicant resides must issue a permit to carry a concealed weapon if the applicant:

  • Is 18 years of age or older;
  • Has never pled guilty to, no contest to, or been convicted of a felony or crime of violence;
  • Is not habitually in an intoxicated or drugged condition;
  • Has no history of violence;
  • Has not been found in the previous ten years to be a “danger to others” or a “danger to self,” or is not currently adjudged mentally incompetent;
  • Has resided for the past 30 days in the county or municipality where applying for a permit;
  • Has not violated any of South Dakota’s laws regarding firearms, other weapons, controlled substances or marijuana in the five years preceding the date of application, or is not currently charged with a felony or misdemeanor under those laws;
  • Is a United States citizen or a non-citizen with an alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement; and
  • Is not a fugitive from justice.2

Effective January 1, 2017, South Dakota will begin issuing “gold card” permits to carry concealed handguns. The application procedure for a gold card permit is substantially similar to that of a regular permit to carry, and individuals who are prohibited from obtaining a regular concealed carry permit are also prohibited from obtaining a gold card permit. The gold card will not enable a person to carry in a location where a person with a standard permit to carry cannot. The gold card is pending approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives to enable a holder to present it to a licensed firearms dealer in lieu of undergoing a background check at the time of purchase.3 To read more about how federal law exempts people with certain types of permits from background checks, visit our Federal Law on Background Checks policy page.

Firearm Safety Training

South Dakota does not require applicants for a concealed weapons permit or gold card permit to undergo firearms safety training or demonstrate competence with a firearm.

South Dakota also offers residents the option of obtaining an enhanced concealed carry permit. While the enhanced permit is not required to carry a concealed firearm in South Dakota, a enhanced permit applicant must take a handgun safety course, making it more likely that the enhanced permit will be recognized in other states.  ((S.D. Codified Laws § 23-7-53.))

Duration & Renewal

A permit to carry a concealed weapon, an enhanced permit, or a gold card permit are each valid for five years.4.

Disclosure or Use of Information

South Dakota law prohibits any state agency, political subdivision, official, agent, or employee of any state agency or political subdivision, from knowingly keeping or causing to be kept any list, record, or registry of holders of permits to carry a concealed handgun.5 These entities also may not release or permit access to any application, list, record or registry of applicants or holders of concealed weapon permits except to law enforcement or the secretary of state.6

The prohibition against lists, records, and registries of permit holders does not apply to, inter alia: 1) permits to carry concealed handguns relating to any person who has been convicted of a felony; 2) any on-duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed handgun; 3) the secretary of state for the issuance of concealed handgun permits and any access reasonably necessary to verify information with regard to specific permits individually; or 4) the preservation of the triplicate copy of the application for a permit by the authority issuing the permit.7

The prohibition also does not restrict any law enforcement officer in the performance of any official duty if the officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.8

South Dakota law also prohibits any law enforcement officer from retaining any notes, data, or pieces of information related to the holders of permits to carry concealed handguns, unless that information is pertinent to a specific ongoing investigation or prosecution.9

Reciprocity

The South Dakota Attorney General is authorized to compare South Dakota laws governing concealed weapons permits with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of South Dakota law for the issuance of a permit.10 The South Dakota Secretary of State may enter into reciprocity agreements with other states after the Attorney General has notified the Secretary of State that the other states’ laws meet or exceed the provisions of South Dakota law.11 Any person permitted to carry a concealed handgun in a state with which the South Dakota Secretary of State has entered into a reciprocity agreement may carry a concealed handgun in South Dakota if the permit holder does so in compliance with state law.12)

Notes
  1. S.D. Codified Laws § 22-14-9. S.D. Codified Laws § 22-14-9 does not penalize any person who possesses a handgun in his or her dwelling house or place of business or on land owned or rented by the person or a member of his or her household. S.D. Codified Laws § 22-14-11. See also S.D. Codified Laws § 22-14-9.1 (prohibiting possession of a concealed pistol unless the person also has a permit in his or her physical possession or produces one within 24 hours). ⤴︎
  2. S.D. Codified Laws §§ 23-7-7 and 23-7-7.1. Additional application and background check requirements, as well as permit revocation information, are detailed under sections 23-7-8, 23-7-8.1, 23-7-8.2, 23-7-8.3, and 23-7-8.4. ⤴︎
  3. S.D. Codified Laws § 23-7 et al. as amended by 2016 SD H 1190. ⤴︎
  4. S.D. Codified Laws §§ 23-7-8.2; 23-7-55; and S.D. Codified Laws § 23-7 et al. as amended by 2016 SD H 1190 ⤴︎
  5. S.D. Codified Laws § 23-7-8.6. ⤴︎
  6. S.D. Codified Laws § 23-7-8.10. ⤴︎
  7. S.D. Codified Laws §§ 23-7-8.7; 23-7-8.9. ⤴︎
  8. S.D. Codified Laws § 23-7-8.8. ⤴︎
  9. S.D. Codified Laws § 23-7-8.9. ⤴︎
  10. S.D. Codified Laws § 23-7-7.3. ⤴︎
  11. S.D. Codified Laws § 23-7-7.3. ⤴︎
  12. S.D. Codified Laws § 22-14-9.2. See also S.D. Codified Laws § 23-7-7.4 (concerning non-resident concealed handgun permit reciprocity. ⤴︎

Concealed Weapons Permitting in Tennessee

See our  Concealed Weapons Permitting policy summary for a comprehensive discussion of this issue.

Tennessee prohibits the possession of a firearm “with the intent to go armed.”1 Persons with handgun carry permits are exempt.2 It is also a defense if the possession or carrying was at the person’s place of residence, place of business, or premises.3

Tennessee is a “shall issue” state, meaning that the Tennessee Department of Safety (“TDS”) must issue a handgun carry permit if the applicant meets certain qualifications. TDS shall issue a handgun carry permit to any resident or “permanent lawful resident” of Tennessee who is at least 21 years of age and is not prohibited from purchasing or possessing a firearm under federal or state law.4 Handgun carry permits will not be issued to any person who:5

  • Has been convicted of a criminal offense or is currently under indictment or information for any criminal offense that is designated as a felony, or that is a disqualifying misdemeanor for driving under the influence,6 stalking,7 or domestic violence,8 except for any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulations of business practices;
  • Is currently subject to any order of protection;
  • Is a fugitive from justice;
  • Is an unlawful user of or addicted to alcohol or any controlled substance and has been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction pursuant to a court order within ten years from the date of application ; or has been a voluntary patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within three years from the date of application.
  • Has been convicted of driving under the influence of an intoxicant in this or any other state two or more times within ten years from the date of application and the convictions occurred within five years from the date of application or renewal;
  • Has been adjudicated as a mental defective;
  • Has been committed to or hospitalized in a mental institution;
  • Has had a court-appointed conservator by reason of a mental defect;
  • Has been judicially determined to be disabled by reason of mental illness, developmental disability or other mental incapacity;
  • Has, within seven years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm because of mental illness;
  • Is an alien and is illegally in the United States;
  • Has been discharged from the armed forces under dishonorable conditions;
  • Has renounced his or her United States citizenship;
  • Has been convicted of a misdemeanor crime of domestic violence as defined in federal law;
  • Is receiving social security disability benefits by reason of alcohol dependence, drug dependence or mental disability; or
  • Has been convicted of stalking.9

Firearm Safety Training

TDS requires applicants to submit proof of successful completion of a TDS-approved handgun safety course as a prerequisite to obtaining a handgun carry permit.10 The qualifying course must include both classroom hours and firing range instruction.11 A component of the classroom portion of all department-approved handgun safety courses must be instruction on alcohol and drugs, the effects of those substances on a person’s reflexes, judgment and ability to safely handle a firearm, and the Tennessee prohibition against possession of a handgun while under the influence.12 An applicant is not required to comply with the classroom hours and firing range provisions, however, if he or she submits proof to TDS that within five years from the application filing date, the applicant has:

  • Been certified by the peace officer standards and training commission;
  • Successfully completed training at the law enforcement training academy; or
  • Successfully completed the firearm training course required for armed security guards or officer registration.13

As of July 1, 2016, an applicant that, at any time prior to submitting an application, completed all handgun training of at least four hours, as required by any branch of the military, is not required to comply with these training requirements either.14 Permit holders are not required to complete a handgun safety course to maintain or renew a handgun carry permit, or to complete any additional handgun safety course after obtaining a permit.15 In addition, no permit holder is required to complete any additional handgun safety course if he or she applies for a permit renewal within six months from the date of expiration.16

Duration & Renewal

As of January 1, 2017, handgun carry permits require an application fee of $100, and will generally be valid for eight years.17 Permit holders may renew a permit by submitting a renewal application and a fee of $50.18 As of January 1, 2017, the Department of Public Safety must conduct a name-based criminal history record check on a permit holder every four years.19 In 2015, Tennessee passed a law authorizing applicants who would otherwise meet the handgun carry permit qualification standards above to receive a lifetime handgun carry permit if they submit a one-time fee of $500.20 Every five years after issuance of the lifetime handgun carry permit, the Department of Public Safety must conduct a criminal history record check in the same manner as required for handgun carry permit renewals.21 A lifetime handgun carry permit will continue to be valid for the life of the permit holder unless the record check determines that the permit holder no longer meets the legal requirements.22 Upon discovery that a lifetime handgun carry permit holder no longer satisfies the requirements, the Department shall suspend or revoke the permit.23

Disclosure or Use of Information

TDS is required to make available to the public a statistical report that includes the number of permits issued, denied, revoked or suspended by TDS during the preceding month, listed by age, gender and zip code of the applicant or permit holder, and the reason for any permit revocation or suspension.24 The report must include the cost of the program, the revenues derived from fees, the number of violations of the provisions of the handgun carry permit law, and the average time for issuance of a handgun carry permit.25 By January 1 of each year, a copy of such statistical reports for the preceding calendar year shall be provided to each member of the Tennessee General Assembly.26

TDS is also required to maintain statistics related to responses by law enforcement agencies to incidents in which a person who has a handgun carry permit is arrested for any offense.27

Reciprocity

Any handgun permit, firearm permit, weapons permit or license issued by another state is valid in Tennessee according to its terms and shall be treated as if it is a handgun permit issued by Tennessee.28 This provision shall not be construed, however, to authorize the holder of any out-of-state permit or license to carry any firearm or weapon other than a handgun.29

The Tennessee Commissioner of Safety shall enter into written reciprocity agreements regarding the carrying of concealed firearms with other states that require the execution of such agreements.30 If another state imposes conditions on Tennessee permit holders in a reciprocity agreement, such conditions shall also become a part of the agreement and apply to the other state’s permit holders when they carry a handgun in Tennessee.31

 

Notes
  1. Tenn. Code Ann. § 39-17-1307(a)(1). ⤴︎
  2. Tenn. Code Ann. § 39-17-1308(a)(2). ⤴︎
  3. Tenn. Code Ann. § 39-17-1308(a)(3). ⤴︎
  4. Tenn. Code Ann. § 39-17-1351(b). As of January 1, 2017, active members of the military and honorably discharged veterans over the age of 18 may also apply for a handgun carry permit. 2016 TN H.B. 2425, amending Tenn. Code Ann. § 39-17-1351(b). ⤴︎
  5. These listed prohibitions can be found under Tenn. Code Ann. § 39-17-1351(c)(6) –(18). ⤴︎
  6. Tenn. Code Ann. § 39-17-1351(c)(11). ⤴︎
  7. Tenn. Code Ann. § 39-17-1351(c)(18). ⤴︎
  8. Tenn. Code Ann. § 39-17-1351(c)(16). ⤴︎
  9. Tenn. Code Ann. § 39-17-1351(p)(1). Additional application and background check requirements and other permit-related information are detailed throughout Tenn. Code Ann. § 39-17-1351. Permit suspension and revocation provisions are set forth at Tenn. Code Ann. §§ 39-17-1352, 39-17-1353 and 39-17-1354. ⤴︎
  10. Tenn. Code Ann. § 39-17-1351(e). As of January 1, 2017, applicants must submit proof of the successful completion of a department-approved handgun safety course within one year of the date of application. 2016 TN H.B. 2575, amending Tenn. Code Ann. § 39-17-1351(e). ⤴︎
  11. Id. ⤴︎
  12. Id. ⤴︎
  13. Id. ⤴︎
  14. 2016 TN S.B. 1490, amending § 39-17-1351(e)(4). ⤴︎
  15. Tenn. Code Ann. § 39-17-1351(m). ⤴︎
  16. Id. As of January 1, 2017, no person will be required to complete any additional handgun safety course so long as the person applies for a renewal of a handgun carry permit within eight years of the date of expiration. 2016 TN H.B. 2575, amending Tenn. Code Ann. § 39-17-1351(m). ⤴︎
  17. 2016 TN H.B. 2575, amending Tenn. Code Ann. §§ 39-17-1351(n) and 39-17-1351(p). ⤴︎
  18. Tenn. Code Ann. § 39-17-1351(q)(1). As of January 1, 2017, a renewal application that is submitted within eight years of the permit expiration need only go through the normal renewal process. A renewal for a permit that has been expired for more than eight years will be treated as a new application. 2016 TN H.B. 2575, amending Tenn. Code Ann. § 39-17-1351(q)(2). ⤴︎
  19. 2016 TN H.B. 2575, amending Tenn. Code Ann. § 39-17-1351(n). ⤴︎
  20. 2015 TN H.B. 745, enacting Tenn. Code Ann. § 39-17-1351(x). Note that, as of January 1, 2017, the one-time fee for a lifetime handgun carry permit will be reduced from $500 to $200. 2016 TN H.B. 1424, amending Tenn. Code Ann. § 39-17-1351(x)(2). For retired law enforcement officers, the fee will generally be $100. 2016 TN S.B. 1665, amending Tenn. Code Ann. § 39-17-1351(x). ⤴︎
  21. Id. ⤴︎
  22. Id. ⤴︎
  23. Id. ⤴︎
  24. Tenn. Code Ann. § 39-17-1351(s)(1). ⤴︎
  25. Id. ⤴︎
  26. Id. ⤴︎
  27. Tenn. Code Ann. § 39-17-1351(s)(2)(A). ⤴︎
  28. Tenn. Code Ann. § 39-17-1351(r)(1). ⤴︎
  29. Id. ⤴︎
  30. Tenn. Code Ann. § 39-17-1351(r)(3)(A). ⤴︎
  31. Id. Additional provisions regarding the reciprocity of concealed weapons permit holders are detailed under Tenn. Code Ann. § 39-17-1351(r). ⤴︎

Concealed Weapons Permitting in Texas

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Texas does not prohibit carrying a concealed handgun on one’s person, or a partially or wholly visible handgun in a shoulder or belt holster on one’s person, if the person is also carrying a valid handgun license.1

Texas is a “shall-issue” state, meaning that the Department of Public Safety must issue a handgun license if the applicant meets certain qualifications.2 Texas law provides that a person is eligible for a license to carry a handgun if the person:

  • Is a legal resident of Texas for the six-month period preceding the date of the application or meets the special eligibility requirements for legal residents of other states that do not issue licenses to carry handguns;3
  • Is at least 21 years of age;
  • Has not been convicted4 of a felony;
  • Is not charged with the commission of a Class A or Class B misdemeanor or disorderly conduct, or of a felony under an information or indictment;
  • Is not a fugitive from justice for a felony or a Class A or Class B misdemeanor;
  • Is not a “chemically dependent person”;
  • Is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
  • Has not been convicted5 two or more times within the past 10-year period of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense;
  • Has not been diagnosed by a licensed physician or declared by a court to be incompetent to manage his or her own affairs;
  • Has not entered in a criminal proceeding a plea of not guilty by reason of insanity;
  • Has not, in the five years preceding the date of application, been convicted6 of a Class A or Class B misdemeanor or disorderly conduct;
  • Has not been “finally determined” to be delinquent in making a child support payment administered or collected by the attorney general;
  • Has not been “finally determined” to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
  • Has not been “finally determined” to be in default on a loan made under Tex. Educ. Code Chapter 57;
  • Is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
  • Has not, in the past 10 years, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony;
  • Has not made any material misrepresentation, or failed to disclose any material fact, in an application for a license to carry a concealed handgun;
  • Has not been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability, unless he or she provides a certificate from a licensed psychiatrist stating that the psychiatric disorder or condition is in remission and is not reasonably likely to redevelop;
  • Does not suffer from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability and that is in remission but reasonably likely to redevelop; and
  • Does not require continuous medical treatment to avoid redeveloping a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability.7

Texas law provides that the local designee of the Department of Public Safety must conduct an additional background check (in addition to the initial background check conducted by the Department) on the applicant using local official records to verify the accuracy of application materials.8

Firearm Safety Training

Texas requires applicants for handgun licenses to obtain evidence of handgun proficiency as a prerequisite to obtaining a license. The evidence of handgun proficiency may be in any form and manner as permitted by the Texas Department of Public Safety.9

The Texas Department of Public Safety must develop a course in handgun proficiency.10 A person must successfully complete both classroom and range instruction components of a handgun proficiency course to complete the course.11 Only qualified handgun instructors may administer the classroom instruction part or the range instruction part of the handgun proficiency course.12

The handgun proficiency course must include between 4 and 6 hours of classroom instruction on:

  • Laws that relate to weapons and to the use of deadly force;
  • Handgun use and safety, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns;
  • Non-violent dispute resolution; and
  • Proper storage practices for handguns, including storage practices that eliminate the possibility of accidental injury to a child..13

The range instruction part of the course must include an actual demonstration by the applicant of the applicant’s ability to safely and proficiently use the applicable category of handgun.14 An applicant may not be certified unless he or she demonstrates, at a minimum, the degree of proficiency that is required to effectively operate a handgun of .32 caliber or above.15

The proficiency examination must also include a written section on the subjects listed above, as well as the physical demonstration of proficiency in the use and safety procedures of one or more handguns and in handgun safety procedures.16

A handgun instructor may submit to the Department a written recommendation for disapproval of the application for a license, renewal, or modification of a license, accompanied by an affidavit stating the facts that lead the instructor to believe that an applicant does not possess the required handgun proficiency. The Department may use this written recommendation as the basis for denial of a license only if the Department determines that the recommendation is made in good faith and is supported by a preponderance of the evidence.17

Duration & Renewal

Once issued, a Texas handgun license expires “on the first birthday of the license holder occurring after the fourth anniversary of the date of issuance.”18 A renewed license expires on the license holder’s birthday, five years after the date of the expiration of the previous license.19

To renew a license, a license holder must:

  • Complete a handgun proficiency course, as described above, within the six-month period preceding the date of application for renewal, if for a first or second renewal, or if for a third or subsequent renewal, within the six-month period preceding the date of application for renewal or the date of application for the preceding renewal, to ensure that the license holder is not required to complete the course more than once in any 10-year period; and
  • Submit additional application materials and an application fee to the Department, including evidence of handgun proficiency in the manner and form required by the Department.20

Disclosure or Use of Information

Texas law requires the Department to disclose to any criminal justice agency information contained in its files and records regarding whether a specific individual is licensed to carry a concealed handgun in Texas.21 The Department must notify a license holder of any request that is made for information relating to the license holder and provide the name of the agency making the request.22

Generally, all other records are confidential and are not subject to mandatory disclosure, except that the applicant or license holder may be furnished a copy of disclosable records on request and the payment of a reasonable fee.23

Texas law requires the Department to make a monthly statistical report that includes the number of licenses issued, denied, suspended, or revoked by the Department during the preceding month, “listed by age, gender, race and zip code of the applicant or license holder.” This report is available on request and payment of a reasonable fee.24

On request of a local law enforcement agency, the Department shall notify the agency of the licenses that have been issued to license holders who reside in the county in which the agency is located.25 The Department is required to report annually on its website statistics related to incidents in which a person licensed to carry a handgun is convicted of certain offenses.26

Reciprocity

Texas law requires the Governor of Texas to negotiate agreements with other states that issue handgun licenses so that Texas may recognize such licenses.27 The Governor must also issue a proclamation that licenses issued by another state are recognized in Texas, if the Texas Attorney General determines that state or local authorities or an agent of the state or local authorities initiates a background check of each applicant for a license issued by that state before the license is issued, to determine the applicant’s eligibility to possess a firearm under federal law.28 The Attorney General is required to make this determination annually for each state, and determine what changes to the statutes of all other states are necessary for Texas to recognize those states’ licenses.29

The states with which Texas has established  handgun license reciprocity agreements are listed on the Texas Department of Public Safety’s Concealed Handgun License Reciprocity page. That page also lists each proclamation made by the Governor to the effect that licenses issued by another state are recognized in Texas.

Notes
  1. Tex. Penal Code §§ 46.02(a), 46.15(b)(6). ⤴︎
  2. Tex. Gov’t Code § 411.177. ⤴︎
  3. Tex. Gov’t Code § 411.173(a) requires the Department of Public Safety to establish a procedure for a person who meets the eligibility requirements for a license to carry a handgun other than the residency requirement established by section 411.172(a)(1) to obtain a license. This procedure applies if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. Id. The procedure includes payment of a fee in an amount sufficient to recover the average cost to the Department of obtaining a criminal history record check and investigation on a nonresident applicant. Id. See the Reciprocity subsection below for further information. ⤴︎
  4. A person is not “convicted” if an order of deferred adjudication was entered against the person more than 10 years prior to the application unless the order of deferred adjudication was entered for a felony “offense against a person, ” a robbery, or a first or second degree burglary. Tex. Gov’t Code § 411.1711. ⤴︎
  5. See id. ⤴︎
  6. See supra footnote 50. ⤴︎
  7. Tex. Gov’t Code § 411.172. The following constitute evidence of a psychiatric disorder or condition likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability: involuntary psychiatric hospitalization in the preceding five-year period; psychiatric hospitalization in the preceding two-year period; inpatient or residential substance abuse treatment in the preceding five-year period; diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or diagnosis at any time by a licensed physician relating to schizophrenia or delusional disorder, bipolar disorder, chronic dementia (whether caused by illness, brain defect, or brain injury), dissociative identity disorder, intermittent explosive disorder, or antisocial personality disorder. Section 411.172(e). ⤴︎
  8. Tex. Gov’t Code § 411.176. Additional application and background check requirements are detailed under Tex. Gov’t Code §§ 411.174 through 411.180, and 411.196. For circumstances in which a license may be revoked, see Tex. Gov’t Code § 411.186. For situations where a license may be suspended, see Tex. Gov’t Code § 411.187. ⤴︎
  9. Tex. Gov’t Code § 411.174(a)(7). ⤴︎
  10. Tex. Gov’t Code § 411.188(a). ⤴︎
  11. Id. ⤴︎
  12. Tex. Gov’t Code §§ 411.188(b), 411.190. ⤴︎
  13. Tex. Gov’t Code § 411.188(b). ⤴︎
  14. Tex. Gov’t Code § 411.188(a). ⤴︎
  15. Id. ⤴︎
  16. Tex. Gov’t Code § 411.188(d). ⤴︎
  17. Tex. Gov’t Code § 411.188(k). ⤴︎
  18. Tex. Gov’t Code § 411.183(a). ⤴︎
  19. Tex. Gov’t Code § 411.183(b). ⤴︎
  20. Tex. Gov’t Code § 411.185. ⤴︎
  21. Tex. Gov’t Code § 411.192(a). Information on an individual subject to disclosure includes the individual’s name, date of birth, gender, race, and zip code. Tex. Gov’t Code § 411.192(a). ⤴︎
  22. Tex. Gov’t Code § 411.192(c). ⤴︎
  23. Tex. Gov’t Code § 411.192(a), (b). ⤴︎
  24. Tex. Gov’t Code § 411.193. ⤴︎
  25. Tex. Gov’t Code § 411.178. ⤴︎
  26. Tex. Gov’t Code § 411.047. ⤴︎
  27. Tex. Gov’t Code § 411.173. ⤴︎
  28. Id. ⤴︎
  29. Tex. Gov’t Code § 411.173(c). ⤴︎

Concealed Weapons Permitting in the District of Columbia

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Until 2014, the District of Columbia prohibited the carrying of concealed handguns in public. District of Columbia Code Ann. § 22-4506, which had detailed the requirements for a permit to carry a handgun, was repealed in 2009. Thus, the Chief of Police had no authority to issue a permit to carry.

In 2014, a federal court struck down the District’s policy of refusing to issue permits to carry in Palmer v. District of Columbia, 59 F. Supp. 3d 173 (D.D.C. 2014). Subsequently, the District enacted legislation regulating the issuance of concealed carry permits.

The District is a “may issue” jurisdiction which means that Chief of the Metropolitan Police Department (“Chief”) had discretion whether or not to issue a concealed carry permit to person who meets the following criteria. The applicant must:

  • Live or work within the District of Columbia. If the person does not live or work in the District, the permit applicant must live or work in another state and possess a valid concealed carry permit from that state. If an applicant resides in a state that does not issue concealed carry permits, the applicant may apply for a permit provided he or she meets the eligibility criteria for a District resident;
  • Have a good reason to to fear injury to his or her person or property or have any other proper reason for carrying a pistol; and
  • Be a suitable person to be permitted.1

A person who submits an application must certify and demonstrate to the satisfaction of the Chief that he or she:

  • Is at least 21 years of age;
  • Meets all of the requirements for a person registering a firearm (See Registration of Firearms in the District of Columbia for registration criteria), and has obtained a registration certificate for the pistol that the person is applying to carry concealed; and
  • Does not currently suffer from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; or if he or she has suffered in the previous 5 years from a mental illness or condition that created a substantial risk that he or she was a danger to himself or herself or others, no longer suffers from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others.

An applicant is required to appear for an in-person interview at the District police headquarters for verification of the applicant’s identity and verification of the information submitted as part of the application process for a permit.2

Firearm Safety Training

A person applying for a concealed carry permit in the District must certify that he or she has completed at least 2 hours of range training, conducted by an instructor certified by the Chief, that includes live firing exercises. The applicant must also complete a firearms training course certified by the Chief, which includes at least 16 hours of training, and covers the following:

  • Firearm safety;
  • Firearm nomenclature;
  • Basic principles of marksmanship;
  • Care, cleaning, maintenance, loading, unloading, and storage of pistols;
  • Situational awareness, conflict management, and use of deadly force;
  • Selection of pistols and ammunition for defensive purposes; and
  • All applicable District and federal firearms laws, and District law pertaining to self-defense.

A renewal applicant must complete 4 hours of firearm safety training and 2 hours of range practice within the previous 12 months.3

Duration

A permit is valid for not more than 2 years from the date of issue.4

Disclosure or Use of Information

Any record regarding a permit applicant or permittee shall not be made available as a public record.5 However, aggregate data that excludes personal identifying information may be used for the purposes of a public report that law enforcement is required to issue every two years. The report must include:

  • The total number of valid licenses;
  • For the most recent 2-year period:
    • The number of applications for a license received;
    • The number of licenses issued;
    • The number of licenses renewed, suspended, revoked, or denied;
    • The number of licensees convicted of a crime involving a pistol, classified by type of crime;
    • The number of pistols for which a license was issued that were reported lost or stolen; and
    • The number of pistols for which a license was issued that were found or recovered as stolen that were unreported by a licensee as lost or stolen.6

Reciprocity

The District does not recognize permits issued from any other jurisdiction.7 However, a person possessing a valid concealed carry permit from another jurisdiction, or a state that does not issue concealed carry permits, may apply to the District for a concealed carry permit.8

 

Notes
  1. D.C. Code Ann. § 22-4506. ⤴︎
  2. D.C. Code Ann. §  7-2509.02. ⤴︎
  3. D.C. Code Ann. §  7-2509.03. ⤴︎
  4. D.C. Code Ann. §§ 7-2509.03; 22-4506. ⤴︎
  5. D.C. Code Ann. §  7-2509.09. ⤴︎
  6. Id. ⤴︎
  7. D.C. Code Ann. §§ 22-4504, 22-4506. ⤴︎
  8. D.C. Code Ann. § 22-4506. ⤴︎

Concealed Weapons Permitting in Utah

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Utah law generally prohibits carrying a concealed firearm without a permit–including an unloaded firearm on the person or one which is readily accessible and not securely encased–except in or on the person’s residence or property, a business under the person’s control, a vehicle in the person’s lawful possession, or in another individual’s vehicle if the person carrying the firearm has the consent of the individual in lawful possession of the vehicle.1 Utah law also generally prohibits carrying a loaded firearm on a public street.2 However, neither of these prohibitions apply if the state has issued the person a permit to carry a concealed firearm.3

Utah is a “shall issue” state, meaning that the Utah Department of Public Safety, Bureau of Criminal Identification (“BCI”) must issue a concealed firearms permit if the applicant is 21 years of age or older, within 60 days, so long as the BCI establishes that the applicant:

  • Has not been convicted of a felony;
  • Has not been convicted of any crime of violence;4
  • Has not been convicted of any offense involving the use of alcohol;5
  • Has not been convicted of the unlawful use of narcotics or other controlled substances;6
  • Has not been convicted of any offense involving moral turpitude;7
  • Has not been convicted of any offense involving domestic violence;
  • Has not been adjudicated as “mentally incompetent,” unless the adjudication has been withdrawn or reversed; and

In addition, the BCI may deny, suspend or revoke a permit if there is “reasonable cause” to believe that the applicant has been or is a danger to self or others as demonstrated by evidence including, but not limited to, and past pattern of behavior or past participation in incidents involving unlawful violence or threats of unlawful violence.9 A “past pattern of behavior” means verifiable incidents, with or without an arrest or conviction, that would lead a reasonable person to believe that an individual has a violent nature and would be a danger to oneself or others.10 In determining whether the applicant has been or is a danger to self or others, the BCI may inspect expunged adult and juvenile records.11

In 2012, Utah repealed a provision requiring BCI to suspend a permit if the permit holder is charged with a crime of violence.

A law enacted in Utah in 2011 requires a nonresident applicant for a Utah concealed weapon permit who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah’s concealed firearm permit to provide proof of his or her home state concealed weapon permit.12

A person who has applied for a permit may also apply for a temporary permit to carry a concealed firearm, which may be issued for 90 days after preliminary record checks and a demonstration in writing of “extenuating circumstances” that would justify issuing a temporary permit.13

In February of 2000, the BCI began checking arrest records on a daily basis against concealed firearms permit holders. As a result, permit revocations increased from 58 in 1998 and 75 in 1999, to 256 in 2000.14 Most recently, in 2010, 523 permits were revoked.15 As of March 31, 2008, there were 112,665 valid permits, up from 44,173 valid permits as of December 31, 2001.16 As of March 31, 2011, there were 249,003 valid permits.17

Firearm Safety Training

The BCI requires, with the application materials, evidence of familiarity with the types of firearms to be concealed.18 General familiarity with the types of firearms to be concealed includes training in the safe loading, unloading, storage, and carrying of those firearms, as well as knowledge of current firearms laws.19 Evidence of this familiarity may be satisfied by:

  • Completion of a course conducted by a national, state, or local firearms training organization approved by the BCI;
  • Certification by a person certified by the BCI (who may be a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor); or
  • Equivalent experience with a firearm through participation in organized shooting competition, law enforcement, or military service.20

Duration & Renewal

Once issued, Utah concealed firearms permits are valid for five years.21

Disclosure or Use of Information

Utah does not allow personal application or permit information of concealed firearm permit holders to be made public. Records of permits must be maintained in the Bureau of Criminal Identification, which must immediately file a copy of each permit it issues.22 However, the names, addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving permits are considered “records the disclosure of which would jeopardize the life or safety of an individual.”23 As such, they are “protected records,” not available to the public for research purposes.24

Additional rules pertaining to accessing concealed firearm permit records are available in the Utah Administrative Code.25

Reciprocity

A permit to carry a concealed firearm that has been issued by another state (or a county within another state) is valid in Utah.26 Additionally, Utah’s concealed carry restrictions generally do not apply to a nonresident traveling in or though the state, provided that any firearm is unloaded and securely encased.27

For a list of states with which Utah has signed formal reciprocity agreements, see the Utah Department of Public Safety, Bureau of Criminal Identification’s Utah Permit Reciprocity page.

 

Notes
  1. Utah Code Ann. § 76-10-504(1). ⤴︎
  2. Utah Code Ann. § 76-10-505. ⤴︎
  3. Utah Code Ann. § 76-10-523. ⤴︎
  4. “Crime of Violence” is defined by Utah Admin. Code r. 722-300-3(2)(d) as a crime which has, as an element, the use, threatened use, or attempted use of physical force or a dangerous weapon. ⤴︎
  5. Offenses involving the use of alcohol are defined by Utah Admin. Code r. 722-300-3(2)(m) to include a list of specific offenses. ⤴︎
  6. Offenses involving the unlawful use of narcotics or other controlled substances are defined in Utah Admin. Code r. 722-300-3(2)(n). ⤴︎
  7. Offenses involving moral turpitude are defined by Utah Admin. Code r. 722-300-3(2)(l) to include any crime involving conduct which:
    (i) is done knowingly contrary to justice, honesty, or good morals;
    (ii) has an element of falsification or fraud; or
    (iii) contains an element of harm or injury directed to another person or another’s property. ⤴︎
  8. Utah Code Ann. § 53-5-704(2). See also Utah Code Ann. § 76-10-503 (outlining individuals who are prohibited from purchasing and possessing firearms). ⤴︎
  9. Utah Code Ann. § 53-5-704(3). ⤴︎
  10. Utah Admin. Code r. 722-300-3(P). ⤴︎
  11. Utah Code Ann. § 53-5-704(3). ⤴︎
  12. Utah Code Ann. § 53-5-704(4). ⤴︎
  13. Utah Code Ann. § 53-5-705. ⤴︎
  14. Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (4th Quarter 2005). ⤴︎
  15. Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (1st Quarter 2011). ⤴︎
  16. Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (4th Quarter 2001); Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (1st Quarter 2008). ⤴︎
  17. Utah Department of Public Safety, Bureau of Criminal Identification, Firearms Statistical Review (1st Quarter 2011). ⤴︎
  18. Utah Code Ann. § 53-5-704. ⤴︎
  19. Utah Code Ann. § 53-5-704. ⤴︎
  20. Utah Code Ann. § 53-5-704. ⤴︎
  21. Utah Code Ann. § 53-5-704(1)(b). ⤴︎
  22. Utah Code Ann. § 53-5-708(1). ⤴︎
  23. Utah. Code Ann. § 63G-2-305(10). ⤴︎
  24. Utah Code Ann. § 63G-2-202. ⤴︎
  25. See Utah Admin. Code r. 722-300-12. ⤴︎
  26. Utah Code Ann. § 76-10-523(2). ⤴︎
  27. Utah Code Ann. § 76-10-523(3). ⤴︎

Concealed Weapons Permitting in Virginia

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Virginia allows a person to carry a concealed handgun if he or she has a permit.1 The prohibition against carrying a concealed handgun without a permit does not apply to:

  • Any person while in his or her own place of abode or the curtilage thereof;
  • Any person while in his or her own place of business;
  • Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, or any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
  • Any person carrying such weapons between his or her place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
  • Any person actually engaged in lawful hunting under inclement weather conditions necessitating temporary protection of his or her firearm from those conditions;
  • Carriers of the United States mail in the discharge of their official duties, or while in transit to or from such duties;
  • Any attorney or assistant attorney for the Commonwealth in the discharge of his or her official duties, or while in transit to or from such duties. Va. Code Ann. § 18.2-308(B), (C).))

Virginia is a “shall issue” state, meaning that the circuit court of the county or city in which the applicant resides must issue a concealed weapons permit if the applicant meets certain basic qualifications. More specifically, Virginia law provides, in part, that “[a]ny person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides…for a five-year permit to carry a concealed handgun.”2 Virginia law requires the court to consult with either the sheriff or police department of the county or city where the applicant resides and receive a report from the Central Criminal Records Exchange.

Under a law that Virginia enacted in 2010, the court may authorize the clerk to issue a permit without judicial review, to applicants “for whom the criminal history records check does not indicate a disqualification and, after consulting with either the sheriff or police department of the county or city, about which there are no outstanding questions or issues concerning the application.” The 2010 law also states that only a circuit court judge may deny issuance of a permit.3

Virginia law disqualifies any person from obtaining a permit who:

  • Is prohibited from possessing firearms for mental health reasons under federal law;
  • Has been acquitted of a crime by reason of insanity unless he or she was discharged from custody more than five years ago;
  • Has been adjudicated legally incompetent or incapacitated unless his or her competency or capacity was restored more than five years ago;
  • Has been involuntarily admitted to a mental health facility, ordered to mandatory outpatient treatment, or the subject of a temporary detention order who agrees to voluntary admission to a mental health facility, unless, in the case of involuntary admission, he or she was released more than five years ago;
  • Has been convicted of a felony or has a felony charge pending;
  • Is under age 29 and was found guilty as a juvenile at age 14 or older of an act which would be a felony if committed by an adult under federal law or the laws of any state. A person who would be disqualified based on adjudications as a juvenile will not be disqualified if he or she has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge;
  • Has been convicted of two or more misdemeanors within the last five years (with certain exceptions);
  • Has been convicted of any assault, assault and battery, sexual battery, discharging a firearm in a public place, or brandishing a firearm within the last three years, or has such a charge pending;
  • Has been convicted of stalking, or has such a charge pending;
  • Is subject to a restraining order or protective order against family abuse or to protect the health and safety of any person;
  • Has received mental health treatment or substance abuse treatment in a residential setting within the last five years;
  • Is an alien other than an alien lawfully admitted for permanent resident in the U.S.;
  • Is a fugitive from justice;
  • Was discharged from the U.S. Armed Forces under dishonorable conditions;
  • Is addicted to, or is an unlawful user or distributor of marijuana, synthetic cannabinoids, or any controlled substance (or who has been convicted of possession of such a substance within the last three years, including where judgment of guilt is deferred pending a probationary period);
  • Has been convicted in or out of state of drunk driving or of public drunkenness within the last three years, or who is a “habitual drunkard”; or
  • Has been found “likely to use a weapon unlawfully or negligently to endanger others” based on a sworn statement by local law enforcement (based on their personal knowledge, or that of another competent person).4

In addition, Virginia law states that a concealed handgun permit holder convicted of being under the influence of alcohol or illegal drugs while carrying a concealed handgun in a public place shall have his or her permit revoked and shall be ineligible to apply for a new permit for five years.5

Firearm Safety Training

Virginia concealed weapon permit applicants must provide proof that the applicant has demonstrated competence with a handgun by one of the following:

  • An approved hunting or firearms course;
  • Evidence of equivalent experience with a firearm; or
  • Proof that the applicant previously held a license to carry a firearm in Virginia, unless such license has been revoked for cause.6

In 2009, Virginia enacted a law allowing concealed weapon permit applicants to fulfill this requirement with an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor.7

Duration & Renewal

Virginia permits to carry concealed handguns are valid for five years.8 Permit holders “shall be issued” a renewal permit by submitting a new application, unless the permit holder has become disqualified for a permit under the categories listed above.9 Renewal applicants are not required to appear in person and the application for the new permit may be submitted via mail.10

Disclosure or Use of Information

A law enacted in Virginia in 2009 requires the State Police to withhold information about permits and permit holders from public disclosure, however, in 2014, the prohibition against disclosure of application information was relaxed to allow the release of a reference to the issuance of a concealed handgun permit in any order book before July 1, 2008.11 The law allows disclosure:

  • To law enforcement agencies and officers for law enforcement purposes;
  • Of records by the State Police concerning permits issued to nonresidents; and
  • Of statistical summaries, abstracts, or other records containing information in an aggregate form that does not identify any individual permittees.12

Virginia law also states that concealed weapons permit applications may be destroyed at the discretion of the clerk of each circuit court after 10 years.13 Fingerprints taken as part of a concealed handgun permit application may not be copied, held or used for any other purposes.14 Upon completion of the criminal history records check, the State Police must return the fingerprint cards to the submitting local agency or, in the case of scanned fingerprints, destroy the electronic record. All fingerprint cards not claimed by the applicant within 21 days of notification by the local agency must be destroyed.15

Reciprocity

In 2016, Virginia enacted a universal reciprocity law that grants recognition to concealed handgun permits issued by any other state, provided: (1) the issuing state or local authority provides the means for instantaneous verification of the validity of all such permits, (2) the person displays the permit and photo ID upon demand of a law enforcement officer, and (3) the person has not had a Virginia permit revoked.16

 

Notes
  1. Va. Code Ann. § 18.2-308(A). ⤴︎
  2. Va. Code Ann. § 18.2-308(D). ⤴︎
  3. Va. Code Ann. § 18.2-308(D). ⤴︎
  4. Va. Code Ann. § 18.2-308(E). ⤴︎
  5. Va. Code Ann. § 18.2-308(J1). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Va. Code Ann. § 18.2-308(D)-(P1). ⤴︎
  6. Va. Code Ann. § 18.2-308(G). ⤴︎
  7. Va. Code Ann. § 18.2-308(G)(7). ⤴︎
  8. Va. Code Ann. § 18.2-308(D). ⤴︎
  9. Va. Code Ann. § 18.2-308(I). ⤴︎
  10. Id. ⤴︎
  11. Va. Code Ann. § 18.2-308.02(D). ⤴︎
  12. Va. Code Ann. § 18.2-308(K). ⤴︎
  13. Va. Code Ann. § 17.1-213(B)(2). ⤴︎
  14. Va. Code Ann. § 18.2-308(D). ⤴︎
  15. Id. ⤴︎
  16. Va. Code Ann. § 18.2-308.014 as amended by 2016 VA H 1163/S 610. ⤴︎

Concealed Weapons Permitting in Washington

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Washington is a “shall-issue” state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. Local law enforcement shall issue a “concealed pistol license” to any applicant, unless he or she:1

  • Is under 21 years of age;
  • Is subject to a court order or injunction regarding firearms pursuant to specific provisions of the Revised Code of Washington;2
  • Is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony;
  • Has an outstanding warrant for his or her arrest for a felony or misdemeanor;
  • Has been ordered to forfeit a firearm by a Washington court within the last year; or
  • Has had a concealed pistol license revoked.

A person may apply for a concealed pistol license to the municipality or county in which the applicant resides if the applicant resides in a municipality, or to the county in which the applicant resides if the applicant resides in an unincorporated area.3 A nonresident may apply anywhere in the state.4

The issuing authority shall conduct a check of the National Instant Criminal Background Check System (NICS), the Washington state patrol electronic database, the state Department of Social and Health Services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible to possess a firearm, and thus ineligible for a concealed pistol license.5

The chief of police of the municipality or the sheriff of the county where an applicant resides may issue a temporary emergency license for good cause, pending review of an applicant’s background for a concealed pistol license.6 A temporary emergency license, however, does not exempt the holder from any records check requirements, and temporary emergency licenses are easily distinguishable from regular licenses.7

Washington prohibits the carrying of a concealed handgun without a license except in a person’s abode or fixed place of business.8 Notwithstanding this general prohibition, state law provides exceptions for:

  • Law enforcement officers of Washington or “another state;”
  • Military personnel when on duty;
  • Employees or officers of the United States authorized to carry a concealed handgun;
  • Anyone in the business of manufacturing, repairing or dealing in firearms, or his or her agent, if possessing, using, or carrying a handgun in the usual or ordinary course of business;
  • Regularly enrolled members of any organization duly authorized to purchase or receive handguns from the U.S. or the State of Washington;
  • Regularly enrolled members of target shooting clubs when those members are going to, or coming from, target practice;
  • Regularly enrolled members of clubs organized for the purpose of antique or modern firearm collecting when those members are going to, or coming from, gun shows and exhibits;
  • Any person legitimately engaged in a lawful outdoor recreational activity, such as hunting, fishing, or camping;
  • Any person carrying an unloaded handgun in a closed opaque case or “secure wrapper;” or
  • Retired or disabled law enforcement officers, provided that the disability was not because of mental or stress-related disabilities.9

See the Other Location Restrictions in Washington section for places restricting gun possession by concealed pistol license holders.

Firearm Safety Training

Washington does not require an applicant for a concealed pistol license to undergo firearm safety training or otherwise demonstrate knowledge of firearms safety.

Duration & Renewal

A concealed pistol license is valid for five years from the date of issue.10 A licensee may renew a license by application within 90 days before or after the expiration date of the license.11

Disclosure or Use of Information

A copy of each license and application is delivered to the Washington Department of Licensing, which must make this information available to law enforcement and state and local corrections agencies, in an on-line format.12

The Department of Licensing generally may keep records of applications for concealed pistol licenses.13

Reciprocity

A person licensed to carry a handgun in a state having laws that recognize Washington concealed pistol licenses is authorized to carry a concealed handgun in Washington if: 1) the licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and 2) the licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons applying for a concealed pistol license.14 These provisions apply only to license holders who are not Washington residents.15

Notes
  1. Wash. Rev. Code Ann. § 9.41.070(1). ⤴︎
  2. See Wash. Rev. Code Ann. § 9.41.070(1)(d). ⤴︎
  3. Wash. Rev. Code Ann. § 9.41.070(13). ⤴︎
  4. Id. ⤴︎
  5. Wash. Rev. Code Ann. § 9.41.070(2). ⤴︎
  6. Wash. Rev. Code Ann. § 9.41.070(10). ⤴︎
  7. Id. Additional application and background check requirements, as well as permit suspension, revocation, or other disqualification information, are detailed under Wash. Rev. Code Ann. §§ 9.41.070 and 9.41.075. ⤴︎
  8. Wash. Rev. Code Ann. § 9.41.050. ⤴︎
  9. Wash. Rev. Code Ann. § 9.41.060. ⤴︎
  10. Wash. Rev. Code Ann. § 9.41.070(1). ⤴︎
  11. Wash. Rev. Code Ann. § 9.41.070(9). ⤴︎
  12. Wash. Rev. Code Ann. § 9.41.070(4). ⤴︎
  13. Wash. Rev. Code Ann. § 9.41.129. Such records shall not be disclosed except as provided in Wash. Rev. Code Ann. § 42.56.240(4), which provides that concealed pistol license applications are exempt from the public disclosure requirements under Washington law. Copies of concealed pistol license applications or information on the applications may be released to law enforcement or corrections agencies. Id. ⤴︎
  14. Wash. Rev. Code Ann. § 9.41.073. ⤴︎
  15. Id. ⤴︎

Concealed Weapons Permitting in West Virginia

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue. Please note, some of the laws discussed on this page were enacted in 2016 and may not yet be in effect.

In 2016, West Virginia repealed a law requiring a person to have a permit to carry a hidden, loaded weapon in public.1

Individuals between the ages of 18 and 21 must possess a permit, however, to carry a handgun.2 Individuals 21 years of age and over may also apply for a permit if they desire to carry in a state that grants reciprocity to West Virginia concealed carry permits.

West Virginia is a “shall issue” state, meaning that local law enforcement must issue a concealed deadly weapon license if the applicant meets certain qualifications. Any person wishing to obtain a concealed deadly weapon license must apply to the sheriff of his or her county pursuant to West Virginia law and shall be issued a license if the applicant:3

 

    • Is 21 years of age or older (individuals between the ages of 18 and 21 may apply for a provisional permit to carry4;

 

    • Is a bona fide United States citizen or legal resident, and resident of the state and of the county in which the application is made and has a valid driver’s license or other state-issued photo identification showing the residence;

 

    • Is not addicted to alcohol or a controlled substance or drug, and is not “an unlawful user thereof,” as evidenced by either of the following within the three years immediately prior to the application: 1) Residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment; or 2) Two or more convictions for driving while under the influence or driving while impaired;

 

    • Has not been convicted of a felony, (unless the conviction has been expunged or set aside or the applicant’s civil rights have been restored or the applicant has been pardoned for the offense);

 

    • Has not been convicted of a “misdemeanor crime of domestic violence,” as defined under federal law (this provision was added in 2012);

 

    •  Has not been convicted of a misdemeanor crime of violence within the five years immediately preceding the application;

 

    • Has not been convicted of a misdemeanor offense of assault or battery under state law (or has not been convicted of a misdemeanor offense with similar essential elements of these crimes in another jurisdiction outside West Virginia) in which the victim was a: 1) current or former spouse; 2) current or former sexual or intimate partner; 3) person with whom the defendant cohabits or has cohabited; 4) a parent or guardian; 5) defendant’s child or ward; or 6) member of the defendant’s household at the time of the offense.5

 

    • Is not under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction, or is the subject of an emergency or temporary domestic violence protective order, or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;

 

    • Has not been adjudicated mentally incompetent or involuntarily committed to a mental institution, unless the person presents a court order reflecting that the person is no longer under the disability and the applicant’s right to possess or receive a firearm have been restored;

 

    • Is not otherwise prohibited from possessing or receiving a firearm by state or federal law; and

 

  • Has completed a training course in the handling and firing of a handgun that meets the requirements of state law.6

For both initial and renewal applications, the sheriff must conduct an investigation including an inquiry of the NICS database, the West Virginia criminal history record responses, and the National Interstate Identification Index, and the sheriff must review the information received in order to verify that the applicant’s required information is true and correct.7 A license may not be issued unless the issuing sheriff has verified through NICS that the available information does not indicate that receipt or possession of a firearm by the applicant would be in violation of West Virginia or federal firearm prohibition statutes.8

In 2012, West Virginia removed a requirement that the applicant be “physically and mentally competent to carry such weapons.” Additional application and background check requirements are provided by statute.9 License revocation information is also provided by statute.10

Firearm Safety Training

All persons applying for a license to carry a concealed deadly weapon in West Virginia must complete a training course in the handling and firing of a handgun. In 2016, the state added a requirement that the training include live firing exercises. Any course meeting the following criteria are deemed acceptable:

  •  Official National Rifle Association handgun safety or training courses;
  • Handgun safety or training courses or classes available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training schools utilizing instructors duly certified by the institution;
  • Handgun training or safety courses or classes conducted by a handgun instructor certified as such by the state or by the National Rifle Association; or
  • Handgun training or safety courses or classes conducted by any branch of the United States Military, Reserve or National Guard.11

A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class shall constitute evidence of qualification under this section.12

Duration & Renewal

A West Virginia concealed deadly weapons license is valid for five years.13 Renewal applicants are not required to complete a training course in the handling and firing of a handgun if the applicant previously completed such a course.14

Disclosure or Use of Information

The issuing sheriff is required to furnish the Superintendent of the West Virginia State Police with a certified copy of any approved license applications and, when requested, a certified list of all licenses issued in the county.15 The Superintendent shall maintain a registry of all persons who have been issued concealed weapons licenses.16

Reciprocity

Because in 2016 West Virginia repealed its law requiring an individual obtain a permit to carry a hidden, loaded gun in public, non-residents over the age of 21 do not need a permit to carry a concealed weapon in the state.

For 18 to 21 year-old non-residents, West Virginia will recognize valid out-of-state concealed carry permits.17 West Virginia also requires the holder of an out-of-state permit to:

  • Have the permit or license in his or her immediate possession; and
  • Not be a resident of West Virginia.18

The West Virginia Attorney General shall seek to obtain recognition of West Virginia concealed handgun licenses and enter into and execute reciprocity agreements on behalf of the State of West Virginia with other states for the recognition of concealed handgun permits.19

Every 12 months, the Attorney General must inquire of the concealed handgun permitting authorities in each other state whether a West Virginia concealed weapons licensee may carry a concealed handgun in their state and whether a West Virginia resident may carry a concealed handgun in that state based upon having a valid West Virginia concealed handgun permit, pursuant to the laws of that state or by the execution of a valid reciprocity agreement between the states.20

For a list of states with which West Virginia has signed formal reciprocity agreements, see the West Virginia Permit Reciprocity page, maintained by the West Virginia Attorney General.

 

Notes
  1. W. Va. Code § 61-7-3. ⤴︎
  2. W. Va. Code § 61-7-4a. ⤴︎
  3. W. Va. Code § 61-7-4(f). ⤴︎
  4. W. Va. Code § 61-7-4a as enacted by WV H 4145. ⤴︎
  5. See W. Va. Code §§ 61-2-28, 61-2-9(b), (c). ⤴︎
  6. W. Va. Code § 61-7-4. ⤴︎
  7. W. Va. Code § 61-7-4(b). ⤴︎
  8. Id. ⤴︎
  9. See W. Va. Code § 61-7-4. ⤴︎
  10. See W. Va. Code § 61-7-5. ⤴︎
  11. W. Va. Code § 61-7-4 (d) as amended by 2016 WV H 4145. ⤴︎
  12. Id. ⤴︎
  13. W. Va. Code § 61-7-4(g). ⤴︎
  14. W. Va. Code § 61-7-4(a)(9). ⤴︎
  15. W. Va. Code § 61-7-4(m). ⤴︎
  16. Id. ⤴︎
  17. W. Va. Code § 61-7-6(8). The law enacted in 2016 allowing 18 to 21 year-old non-residents to carry with valid out-of-state permits subjects these individuals to the provisions of W. Va. Code § 61-7-6a which specifies that in order for an out-of-state permit to be recognized in West Virginia, the permit-holder must be at least 21 years of age. Despite its apparent contradiction with section 61-7-6, this provision of 61-7-6a was not repealed or amended by 2016 WV H 4145.). ⤴︎
  18. W. Va. Code § 61-7-6a. ⤴︎
  19. W. Va. Code § 61-7-6a(d). ⤴︎
  20. W. Va. Code § 61-7-6a(f). ⤴︎

Concealed Weapons Permitting in Wisconsin

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2011, Wisconsin passed a law allowing licensed individuals to carry a concealed firearm in public.1 The law also allows an individual to carry a concealed firearm in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, even without a license.2

Under the new law, Wisconsin is a “shall issue” state, meaning that the Wisconsin Department of Justice (“DOJ”) must issue a license to carry a concealed weapon if the applicant meets certain qualifications.3 More specifically, DOJ must issue a license to any individual who submits an application unless he or she:

  • Is less than 21 years of age;
  • Is prohibited under federal or Wisconsin law from possessing a firearm;
  • Is not a Wisconsin resident; or
  • Has not provided proof of training (as described below).4

The Wisconsin law also allows an individual to petition the court in the county in which he or she resides for an emergency license to carry a concealed weapon.5

Firearm Safety Training

The proof of training requirement may be met by any of the following:

  • A hunter education program established under Wisconsin law or a substantially similar program in another state, country, or province;
  • A firearms safety or training course:

Offered by a law enforcement agency;

Conducted by a national or state organization that certifies firearms instructors;

Taught by an instructor who is certified by a national or state organization that certifies firearms instructors; or

Taught by an instructor who is certified by DOJ;

  • A firearms safety or training course that is offered to law enforcement officers or to owners and employees of licensed private detective and security agencies; or
  • Documentation that the individual completed military, law enforcement, or security training that gave the individual substantially equivalent experience with firearms.6

Duration & Renewal

A Wisconsin license to carry a concealed weapon is valid for 5 years.7 DOJ conducts a background check upon renewal, but renewal applicants are not required to complete further firearms safety training or testing.8

Disclosure or Use of Information

Wisconsin law requires DOJ to maintain a computerized record listing the names and other information about licensees.9 A law enforcement officer may not request or be provided information concerning a specific licensee except for specified purposes.10 A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information about a licensee only to confirm that the person is actually licensed.11 DOJ and other law enforcement agencies may not make information about licensees available to the public except in the context of a prosecution for an offense in which the person’s status as a licensee is relevant.12

Neither a law enforcement agency nor any of its employees may store or maintain information regarding an individual that was obtained from DOJ based on the individual’s status as a licensee.13 Neither a law enforcement agency nor any of its employees may sort or access information regarding vehicle stops, investigations, civil or criminal offenses, or other activities involving the agency based on the individuals’ status as licensees.14

DOJ must also produce an annual report detailing the number of licenses applied for, issued, denied, suspended, and revoked.15 The report must give the reasons for denials, suspensions and revocations, but may not include information that may be used to identify an applicant or a licensee.16

Reciprocity

The Wisconsin Department of Justice is required to establish, by rule, a list of states that issue a CCW license or permit that either requires or designates that the holder of the license or permit chose to submit to a background check that is comparable to the check conducted under Wisconsin law.17 A person who possesses a CCW license or permit from one of the states designated in the DOJ rule may carry concealed in Wisconsin provided that he or she is over 21 and not a Wisconsin resident.18

In addition, DOJ is authorized to enter into reciprocity agreements with other states as to matters relating to licenses or other authorization to carry concealed weapons.19

Notes
  1. Wis. Stat. § 941.23(2)(d). ⤴︎
  2. Wis. Stat. § 941.23(2)(e). ⤴︎
  3. Wis. Stat. § 175.60(2)(a), (3), (9)(b)(2). ⤴︎
  4. Wis. Stat. § 175.60(3). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Wis. Stat. § 175.60. ⤴︎
  5. Wis. Stat. § 175.60(9r). ⤴︎
  6. Wis. Stat. § 175.60(4)(a). ⤴︎
  7. Wis. Stat. § 175.60(15)(a). ⤴︎
  8. Id. ⤴︎
  9. Wis. Stat. § 175.60(12)(a). ⤴︎
  10. Wis. Stat. § 175.60(12)(a)(1), (12g). ⤴︎
  11. Wis. Stat. § 175.60(12)(a)(2), (12g). ⤴︎
  12. Wis. Stat. § 175.60(12)(c), (12g)(1). ⤴︎
  13. Wis. Stat. § 175.60(12g)(2). ⤴︎
  14. Wis. Stat. § 175.60(12g)(3). ⤴︎
  15. Wis. Stat. § 175.60(19). ⤴︎
  16. Id. ⤴︎
  17. Wis. Stat.  165.25(12). ⤴︎