Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of Washington, D.C. and the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
State level laws vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment to the U.S. Constitution, which protects the right to keep and bear arms. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment. Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.
Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.
In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law as per the U.S. Supreme Court's ruling in Printz v. United States.
Video Gun laws in the United States by state
Common subjects of state laws
Firearm related matters that are often regulated by state or local laws include the following:
- Some states and localities require that a person obtain a license or permit in order to purchase or possess firearms.
- Some states and localities require that individual firearms be registered with the police or with another law enforcement agency.
- All states allow some form of concealed carry, the carrying of a concealed firearm in public.
- Many states allow some form of open carry, the carrying of an unconcealed firearm in public on one's person or in a vehicle.
- Some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws more restrictive than those of the state.
- Some states and localities place additional restrictions on certain semi-automatic firearms that they have defined as assault weapons, or on magazines that can hold more than a certain number of rounds of ammunition.
- NFA weapons are weapons that are heavily restricted at a federal level by the National Firearms Act of 1934 and the Firearm Owners Protection Act of 1986. These include automatic firearms (such as machine guns), short-barreled shotguns, and short-barreled rifles. Some states and localities place additional restrictions on such weapons.
- Some states have enacted castle doctrine or stand-your-ground laws, which provide a legal basis for individuals to use deadly force in self-defense in certain situations, without a duty to flee or retreat if possible.
- In some states, peaceable journey laws give additional leeway for the possession of firearms by travelers who are passing through to another destination.
- Some states require a background check of the buyer when a firearm is sold by a private party. (Federal law requires background checks for sales by licensed gun dealers, and for any interstate sales.)
Maps Gun laws in the United States by state
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States. <onlyinclude>
Purchasing a firearm
To purchase a firearm, you must be at least 18 years of age. You also can never have been convicted of a violent crime, must not be an undocumented immigrant, declared mentally ill by the court, a drug addict or habitual drunkard, a fugitive from justice, have been convicted of three separate DUI charges within a five-year period or are subject to an active protection from abuse order.
No firearms are known to be prohibited by state law. Private sales of handguns must go through a licensed dealer, though long guns may be sold privately without the use of a licensed dealer. Licensed dealers must provide locking devices with handguns unless the handgun has a locking device incorporated in its design.
In Pennsylvania, there are more than 2,500 federally licensed firearm dealers where one may make a purchase. Individuals interested in purchasing a firearm must first fill out an application with their basic information. Once the application has been completed, the firearms dealer will input the information into the Pennsylvania Instant Check System to check the if individual is legally allowed to own a firearm. On average in Pennsylvania, this background check costs $20.00 for handgun purchases and $25.00 for a long gun purchase.
Residents in Pennsylvania may also purchase firearms from gun shows and private dealers. When purchasing from a federally licensed dealer, the process remains the same. However, when purchasing a long gun from a private dealer, an individual is exempt from obtaining a background check. When purchasing a handgun from a private dealer, the individual is legally required to complete a firearm transfer at a federally licensed dealer. There is a $2 fee for the instant check and a $3 firearm sale surcharge to cover telephone costs.
Transfers of handguns between spouses, parent and child, grandparent and grandchild or between active law enforcement officers are exempt from the above requirements. Rifles and shotguns may be transferred between unlicensed individuals. Antique firearms are exempt from the requirements regarding transfer of firearms through dealers.
Definition of a firearm
The Pennsylvania Uniform Firearms Act defines "firearm" as "any pistol or revolver with a barrel less than 15 inches, any shotgun with a barrel less than 18 inches, any rifle with a barrel of less than 16 inches or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches." However, several sections of the law include a broader definition that includes all firearms, i.e. handguns, rifles and shotguns, and pertains to that section only. The distinction should be closely noted when interpreting the statutes.
Dealer requirements
Dealers are prohibited from transferring the firearm if the Pennsylvania State Police has issued a "temporary delay" in order to investigate whether the person has been convicted of a domestic violence misdemeanor that disqualifies the person from firearm possession.
To sell a handgun or short-barreled rifle or shotgun, a dealer must also:
- Require the purchaser to complete a purchase application, which includes a statement that the purchaser is the actual buyer of the firearm. The dealer must retain a copy of the application for at least 20 years, mail the original to Pennsylvania State Police within 14 days of the sale, and provide one copy to the purchaser;
- Record the approval number on the application; and
- If the purchaser passes the background check, deliver the firearm to the purchaser securely wrapped and unloaded.
Concealed carry and transport
Individuals in Pennsylvania are permitted to open carry firearms as long as the firearm is in plain view. When concealing a firearm, individuals must obtain a Concealed Carry Permit from the local sheriffs' office. An individual must have a Concealed Carry Permit to carry loaded firearm in Pennsylvania.
In first-class cities, such as Philadelphia, a permit is required for both concealed carry, and open carry. A total of 31 states recognized Pennsylvania's permit to concealed carry.
When transporting firearms in Pennsylvania without a Concealed Carry Permit, the firearm and ammunition must be in two separate containers within the vehicle.
To apply for a license to carry in Pennsylvania, individuals must be at least 21 years of age. The application process requires submitting the Pennsylvania License to Carry Firearms application to the sheriff of the county in which they reside. Individuals who are not residents of Pennsylvania but are 21 years of age or older may submit the Application for a Pennsylvania License to Carry Firearms to any Pennsylvania County Sheriff's office along with the required fee.
Firearms are prohibited from certain places, including federal court facilities; all other court facilities must provide a locker to secure your firearm while conducting business within the court facility as per 18 Pa.C.S 913 (e). Concealed carry on school property used to be an unsettled area of the law with many in law enforcement arguing that the practice is absolutely prohibited and firearms right supporters arguing that 18 Pa.C.S. 912(c) permits those who have a concealed carry license to carry on school grounds as an "other lawful purpose." On February 16, 2017, the Superior Court ruled in the case of Commonwealth v. Goslin that the "other lawful purpose" clause is a valid defense for people who are otherwise carrying a weapon legally on school grounds regardless of any connection to a school activity. Carrying a handgun on public streets and public property of Philadelphia, or in a vehicle anywhere in the state, or concealed on or about one's person anywhere in the state is prohibited without a "License To Carry Firearms" (LTCF) or a license or permit issued by another state which is honored by Pennsylvania for that purpose. A LTCF is generally not required to openly carry a firearm on or about one's person, except in a vehicle or in Philadelphia, or during a declared State of Emergency. A bill proposed in September 2014 would allow teachers and school employees carry guns.
Pennsylvania shall issue a LTCF to resident and non-resident applicants if no good cause exists to deny the license. Non-resident applicants must first obtain a license from their home state, unless their home state does not issue licenses.
Laws and regulations
Article 1, section 21 of the Constitution of Pennsylvania states, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
Pennsylvania has state preemption for regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition, or ammunition components. That is, only state laws, not local laws, can regulate those matters.
Most items that are required to be registered under the National Firearms Act such as machine guns, suppressors, short barreled rifles and shotguns, are prohibited in Pennsylvania as "offensive weapons" unless they are registered under the NFA.
There are no regulating laws for the sale, purchase, or possession of ammunition, however armor-piercing ammunition is illegal in the state.
Pennsylvania law requires that information received by the Pennsylvania State Police pursuant to a sale is destroyed within 72 hours of the completion of the background check. The Pennsylvania Firearm Owners Association notes that the Pennsylvania State Police nonetheless keep a "sales database" of all handguns purchased within the state. The database was challenged based on what was asserted as the unambiguous text of the statute, specifically "nothing... ...shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth" (full statute text above), the Pennsylvania Supreme Court nonetheless ruled in Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10 (Pa. 2004), that Pennsylvania's database of handgun sales is not prohibited by state law because the registration was only of handgun sales and not of all guns.
See also
- Law of Pennsylvania
- Uniform Firearms Act
References
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
US Territories
American Samoa
Guam
Northern Mariana Islands
Puerto Rico
U.S. Virgin Islands
See also
- Note: Please see many links in the box at the top of the page called "Firearm legal topics of the United States of America".
- Index of gun politics articles
- Right to keep and bear arms in the United States
- Second Amendment to the United States Constitution
References
External links
- U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives - State Laws and Published Ordinances - Firearms (32nd Edition)
- National Rifle Association - State Firearms Laws
- Law Center to Prevent Gun Violence - Gun Laws by State
Source of the article : Wikipedia
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