Recent Developments in Federal & State Law (by Firearms Policy)

Updated March 10, 2010

The information on this page supplements the material provided in LCAV's Firearms Policies summaries.

Ammunition Regulation

California: A recently enacted California bill requires persons or businesses engaged in the retail sale of handgun ammunition to: 1) maintain records containing certain identifying information about the purchaser and the ammunition being sold; and 2) store handgun ammunition so that it is inaccessible to purchasers without the assistance of the vendor.  The law also requires that ammunition sales be completed in face-to-face transactions, prohibits persons subject to gang injunctions from possessing ammunition, and prohibits ammunition sales to any person the seller knows or has cause to believe is prohibited from possessing ammunition.

Virginia:  Virginia recently enacted a law that prohibits ammunition possession by convicted felons (mirroring federal law).

Assault Weapons

District of Columbia:  The District recently enacted the Firearms Registration Amendment Act of 2008. The new law specifically bans assault weapons. Prior law banned assault weapons indirectly via a broad definition of "machine gun" that encompassed many firearms typically classified as assault weapons. (Note also that the ban on handguns, now repealed, effectively banned assault pistols.) The new law narrows the definition of machine gun and provides a definition of assault weapon that includes a list of named weapons and a one-feature generic definition. Assault weapons (as well as machine guns) are unregisterable under the new law.

The District retained its law imposing strict tort liability on manufacturers, importers and dealers of assault weapons for all damages arising from the discharge of an assault weapon. Assault weapon was previously defined, for purposes of this provision, by a list of named weapons. The new law uses the new definition of assault weapon (described above) for this provision.

Background Checks

California: A recently enacted California bill requires persons or businesses engaged in the retail sale of handgun ammunition to maintain records containing certain identifying information, including the purchaser’s thumbprint, and the ammunition being sold. In addition, the law requires that ammunition sales be completed in face-to-face transactions. See the Ammunition Regulation section for other provisions of the new law.

Tennessee:  Tennessee recently removed the requirement that the purchaser of a firearm provide a thumbprint as part of the background check process when purchasing from a dealer.

Ballistic Identification

District of Columbia: The recently-enacted Firearms Registration Amendment Act of 2008 requires that any handgun manufactured after January 1, 2011 be equipped with microstamping technology and requires a ballistics identification procedure as part of the process for registering a firearm.

Carrying Firearms

Federal:  In May 2009, the U.S. Congress voted to approve, and the President signed, the Credit Cardholders' Bill of Rights Act of 2009, despite a completely unrelated amendment enabling the possession of firearms in national parks. That amendment prohibits the U.S. Department of the Interior from restricting the possession of a firearm in any national park or national wildlife refuge by any person in compliance with the law of the state in which the park or refuge is located. The amendment undoes a rule adopted by the Reagan Administration that prohibited the possession of a firearm in a national park or wildlife refuge unless the weapon was kept in the owner's lodging or vehicle and was unloaded and either rendered inoperable or stored in a manner to prevent ready use. The bill is scheduled to take effect in February 2010.

Alabama: Alabama recently enacted a law that makes the name, address, and signature of an applicant for a concealed weapons license or of a licensee confidential.

Arizona: A recently enacted Arizona law amends the prohibition against carrying a firearm into an establishment where alcohol is sold. Previously, a person was guilty of this crime only if he or she knew firearms were not permitted in the establishment. The new law removes the knowledge requirement. However, a person will only be found guilty under the new law if the retailer has posted a sign that clearly prohibits firearms on the premises. The law provides affirmative defenses if:

• The person was not informed of the notice prior to the violation;

• The sign had fallen down at the time of the violation; or

• At the time of the violation, the sign had been posted for thirty days or less.

Another Arizona bill prohibits property owners, tenants, employers and businesses from barring transportation or storage of a firearm in a locked, privately owned vehicle so long as the firearm is not visible from the outside of the vehicle.

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), the District enacted the Firearms Registration Amendment Act of 2008 which repeals the District’s handgun ban. The District also enacted the Inoperable Pistol Amendment Act of 2008. This law repeals the District’s concealed carry licensing law and prohibits the carrying of long guns outside the home. The law allows firearms to be carried by a registrant inside their home or place of business, while being used for recreational purposes, or while being transported for lawful purposes. The law also provides requirements for transportation of firearms that conform to the transportation requirements provided by federal law.

Idaho:  A recently enacted law 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.

Illinois:  Illinois adopted a law in 2009 that provides an exception to the current prohibition against carrying firearms. The exception allows individuals to carry a firearm in a legal dwelling or on land upon which the person is an invitee if given permission to carry a firearm by the owner.

Kansas:  A recently enacted Kansas law creates an exception to the crime of trafficking in firearms or ammunition in a correctional institution or care and treatment facility. The exception allows concealed weapon permit holders to possess guns or ammunition in a parking lot on their person or in a locked vehicle.

Minnesota: A new Minnesota law creates an exception to the existing requirement that firearms transported in a vehicle be unloaded and in a case or the vehicle’s trunk. The exception allows transportation of unloaded, uncased long guns while at a shooting range, while hunting, or while traveling to or from a site at which the person has hunted or intends to hunt on that day.

Montana: Montana now allows open carrying of firearms and prohibits landlords and hotel or motel operators from preventing a tenant or a guest of a tenant from possessing a firearm on the premises.

Nebraska: A new Nebraska law creates recognition of some out-of-state concealed weapon permits and creates an exception to the existing prohibition against carrying firearms in schools and other sensitive locations for guns in motor vehicles in public parking lots.

North Dakota:  A recently-adopted law allows individuals, including non-concealed weapon permit holders, to openly carry firearms in public parks. Permits are still required to carry a concealed firearm.

Oklahoma:  In 2009, Oklahoma created a concealed weapon permit that is valid for ten years.

South Carolina:  South Carolina recently enacted a law allowing concealed weapon permittees to carry guns on elementary, secondary and post-secondary school property if they are stored as specified in an attended or locked motor vehicle.

Tennessee:  A new Tennessee law creates an exception to the prohibition against possession of firearms in an establishment where alcoholic beverages are served for consumption on the premises. The exception allows possession by a concealed weapon permittee in restaurants that serve alcohol so long as he or she is not consuming alcohol and is in an area open to the public. For purposes of the exception, a restaurant is defined as a public place where meals are served and with "adequate and sanitary kitchen and dining room equipment" and employees to prepare and serve "suitable food" for guests. In addition, to qualify for the exception, an establishment must serve at least one meal per day at least five days a week.

Another new Tennessee law allows handgun carry permittees to carry handguns within the boundaries of any state park. The law allows local jurisdictions to opt out of the law as applied to parks owned or operated by the jurisdiction. Several local jurisdictions, including Memphis and Nashville, have done so. Handgun carry permittees in Tennessee may now carry handguns in a refuge, public hunting area, wildlife management area or on national forest land and may possess unloaded long guns in motor vehicles and loaded long guns in motor vehicles if ammunition is inserted for purposes of justifiable self-defense.

Finally, another new Tennessee law denies handgun carry permits to applicants with specified mental health histories.

Texas:  Texas enacted a law in 2009 that creates an affirmative defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses if the offender was not given notice that carrying a firearm was prohibited.

Utah:  Utah recently enacted a law that prevents any person or entity from establishing a policy that prohibits firearms in vehicles on any property designated for motor vehicle parking. Exceptions include school and residential building parking areas. In addition, a person may restrict firearms in a parking lot if an alternate parking location or a secured and monitored firearm storage area is available. Another new Utah law allows both concealed weapon permit holders and non-concealed weapon permit holders to carry an unloaded firearm in a glove box or console box of a vehicle and to carry loaded or unloaded firearms at their residences (including a temporary residence or "camp") and on their real property.

Virginia: Virginia recently enacted a law allowing concealed weapon permit applicants to satisfy safety course requirements online. Another 2009 law makes some concealed weapon permit application information confidential.

Child Access Prevention

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008) striking down the District’s firearms storage requirement, the District enacted the Firearms Registration Amendment Act of 2008. This law repeals the District’s requirement that any firearm in the home be unloaded and dissembled or bound by a trigger lock or similar device. The new law requires that a person who stores a firearm and knows, or reasonably should know, that a child under 18 years of age is likely to gain access to the firearm must store the firearm in a locked container or secure location. There is an exception if the firearm is carried on the person or in close proximity to the person. An increased penalty is imposed if a person violates this provision and a child gains access to the firearm and causes injury or death.

Dealer Regulations

California: A recently enacted California bill requires persons or businesses engaged in the retail sale of handgun ammunition to: 1) maintain records containing certain identifying information about the purchaser and the ammunition being sold; and 2) store handgun ammunition so that it is inaccessible to purchasers without the assistance of the vendor. The law also requires that ammunition sales be completed in face-to-face transactions and prohibits ammunition sales to any person the seller knows or has cause to believe is prohibited from possessing ammunition.

Design Safety Standards for Handguns

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), the District enacted the Firearms Registration Amendment Act of 2008. The law repealed the District’s handgun ban that was struck down by the Court in Heller. The new measure provides that a handgun may not be manufactured, sold, given, loaned, exposed for sale, transferred, or imported into the District of Columbia unless it is listed on the California Roster of Handguns Certified for Sale. This roster is published and maintained by the California Department of Justice and includes only handgun models that have been tested by a certified testing laboratory and determined not to be unsafe. The new District law authorizes the District’s Chief of Police to revise the roster through the rulemaking process.

Domestic Violence & Firearms

Illinois: In 2009, Illinois enacted a law that requires law enforcement to revoke or deny a Firearm Owner’s Identification card (required for possession of a firearm or ammunition in Illinois) from/to a person subject to a domestic violence protective order in certain situations.

Maryland: A recently enacted Maryland law requires a final domestic violence protective order to compel the subject of the order to surrender all firearms in his or her possession and to refrain from possessing guns for the duration of the order. Another new Maryland law authorizes a judge entering a temporary protective order, including an ex parte order, to require the subject to surrender firearms and refrain from possessing a firearm for a certain period of time under certain circumstances. Both laws require law enforcement to transport and store the firearms that are surrendered.

Nebraska:  Nebraska enacted a firearms law in 2009 that prohibits domestic violence misdemeanants and subjects of domestic violence protection orders from possessing firearms and expands the definition of a misdemeanor crime of domestic violence.

North Dakota:  North Dakota recently enacted a law requiring courts to order domestic violence perpetrators to surrender firearms to law enforcement in certain situations.

Tennessee:  A new Tennessee law requires subjects of domestic violence protection orders to surrender all firearms to law enforcement and imposes a misdemeanor for such persons to posses a firearm.

Fifty Caliber Rifles

District of Columbia: The recently-enacted Firearms Registration Amendment Act of 2008 prohibits registration of fifty caliber rifles.

Imitation/Toy Guns

Arkansas: Arkansas recently enacted a law that prohibits the sale of imitation firearms that do not meet specified color and other design criteria.

Large Capacity Ammunition Magazines

District of Columbia: The recently-enacted Firearms Registration Amendment Act of 2008 provides that no person may possess, sell, or transfer any large capacity ammunition feeding device. Large capacity ammunition feeding device is defined as a "magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition."

Licensing of Gun Owners or Purchasers

Illinois: In 2009, Illinois enacted a law that requires law enforcement to revoke or deny a Firearm Owner’s Identification card (required for possession of a firearm or ammunition in Illinois) from/to a person subject to a domestic violence protective order in certain situations.

Locking Devices

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), the District enacted the Firearms Registration Amendment Act of 2008. The law repeals the District’s requirement that any firearm in the home be unloaded and dissembled or bound by a trigger lock or similar device. The new law requires that a person who stores a firearm and knows, or reasonably should know, that a child under 18 years of age is likely to gain access to the firearm must store the firearm in a locked container or secure location unless it is carried on the person or in close proximity to the person.

Machine Guns

Connecticut: A recently enacted Connecticut law prohibits any person from selling, giving or otherwise transferring a machine gun to a person under 16 years of age. The statute expressly states that there is no exception for the temporary transfer of a machine gun to a person under 16 for use in target shooting or on a shooting range "or for any other purpose."

Mental Health Reporting

Maine: Maine recently enacted a law that requires mental health facilities to include, in discharge procedures, information regarding patient access to firearms and notification to the patient, the patient's family, and caregivers, that possession by the person to be discharged is prohibited by federal law. The new law also requires increased law enforcement training and awareness of mental illness and the involuntary commitment process and increased sharing of mental health patients' information by mental health professionals to law enforcement.

Minnesota: Minnesota recently enacted a law requiring that records regarding persons civilly committed, found not guilty by reason of mental illness, or incompetent to stand trial be transmitted to the National Instant Criminal Background Check System (used for background checks of prospective firearm purchasers). The law authorizes certain individuals prohibited by state law from possessing a firearm to petition a court for restoration of this privilege.

Nevada:  Nevada now requires courts to transmit certain records of adjudication concerning a person's mental health to the state’s databases, which then must forward the records to the National Instant Criminal Background Check System. The law also establishes procedures for petitioning a court to regain certain rights relating to the purchase or possession of a firearm.

Tennessee:  A new Tennessee law requires submission of mental health records to the National Instant Criminal Background Check System, adds categories to the state’s prohibited purchaser law, and denies handgun carry permits to applicants with specified mental health histories.

Texas:  A recently-adopted law requires submission of mental health records to the Department of Public Safety for further submission to the National Instant Criminal Background Check System, and provides a process for petitioning for relief from disabilities due to mental health history.

Washington: Washington recently added to the types of involuntary commitments that result in a prohibition on firearm possession. The new law requires a court committing a person or finding a person not guilty by reason of insanity or guilty of an offense that would result in prohibition on firearm possession to forward, within three days, relevant records to the state database and the National Instant Criminal Background Check System. The law also requires notice to patients that commitment results in firearm prohibition and provides a system for petitioning for relief from disability.

Minimum Age to Purchase & Possess Firearms

Connecticut: A recently enacted Connecticut law prohibits any person from selling, giving or otherwise transferring a machine gun to a person under 16 years of age. The statute expressly states that there is no exception for the temporary transfer of a machine gun to a person under 16 for use in target shooting or on a shooting range "or for any other purpose."

Preemption & Local Authority to Regulate Firearms and Ammunition

Nebraska: A 2009 Nebraska law removes local authority to enact ordinances regulating concealed handguns and voids existing local ordinances. Nebraska now also prohibits local governments from regulating shooting ranges.

Texas:  Texas recently enacted a law that prohibits municipalities located in certain counties from regulating the discharge of firearms in extraterritorial jurisdictions or annexed areas. There are some exceptions for land that is located near sensitive areas such as schools and residential areas.

Private Sales

California: A recently enacted California bill requires persons or businesses engaged in the retail sale of handgun ammunition or holding themselves out as in the business of selling handgun ammunition to: 1) maintain records containing certain identifying information about the purchaser and the ammunition being sold; and 2) store handgun ammunition so that it is inaccessible to purchasers without the assistance of the vendor. The law also requires that ammunition sales be completed in face-to-face transactions and prohibits ammunition sales to any person the seller knows or has cause to believe is prohibited from possessing ammunition. See the Ammunition Regulation section for other provisions of the new law.

Prohibited Purchasers

California: A recently enacted California bill prohibits persons subject to gang injunctions from possessing ammunition.  See the Ammunition Regulation section for other provisions of the new law.

Tennessee:  A new Tennessee law adds to the categories of individuals who may not purchase or possess a firearm under state law.

Washington: Washington recently added to the types of involuntary commitments that result in a prohibition on firearm possession.

Registration of Firearms

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008) striking down the District’s ban on registration of handguns, the District enacted the Firearms Registration Amendment Act of 2008. The new law allows registration of handguns, but adds to the categories of individuals who may not register. In addition, firearms must be re-registered every three years.  Only one handgun may be registered in a 30-day period and registration of a characteristics-based class of assault weapons and 50 caliber weapons is prohibited. See relevant sections of this document for more details about the latter provisions.

Restrictions on Multiple Purchases or Sales of Firearms

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008) striking down the District’s ban on registration of handguns, the District enacted the Firearms Registration Amendment Act of 2008. The new law allows registration of handguns, but only one handgun may be registered by the same person per every 30-day period.

New Jersey:  New Jersey recently enacted a law that prohibits individuals from purchasing more than one handgun in a 30-day period and prohibits dealers from selling more than one handgun to the same person in a 30-day period.

Retention of Firearm & Ammunition Sales & Background Check Records

California: A recently enacted California bill requires persons or businesses engaged in the retail sale of handgun ammunition to maintain records containing certain identifying information about the purchaser and the ammunition being sold.  See the Ammunition Regulation section for other provisions of the new law.

Trace Data (Tiahrt)

Federal: In May 2009, President Obama released the U.S. Department of Justice's proposed Fiscal Year 2010 budget, which includes a partial repeal of the Tiahrt Amendments, dangerous appropriations riders which currently: 1) prohibit the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from releasing gun trace data; 2) require the destruction of approved gun purchaser records within 24 hours; and 3) prohibit ATF from requiring gun dealers to submit inventories.

Under the President's proposed budget, ATF will once again be able to provide crime gun trace data to state and local law enforcement agencies that is unconnected to a specific criminal investigation. This aggregated data is crucial to the investigation and prosecution of gun traffickers because it helps law enforcement understand the flow of illegal guns across jurisdictional lines. Under the proposal, law enforcement agencies will be prohibited from knowingly and publicly disclosing the crime gun trace data. Additionally, the other Tiahrt Amendment provisions will remain in effect. The DOJ budget has been approved by the House of Representatives and is currently awaiting a full Senate vote. In February 2009, LCAV wrote a letter to President Obama urging the repeal of the Tiahrt Amendments.

Trafficking

California: A recently enacted California bill prohibits ammunition sales to any person the seller knows or has cause to believe is prohibited from possessing ammunition. See the Ammunition Regulation section for other provisions of the new law.

Tennessee:  A new Tennessee law creates a misdemeanor for purchase or attempted purchase of a firearm by a prohibited person and for sale or attempted sale to a known prohibited person.

Texas:  A new law enacted in Texas provides civil and criminal penalties for the crime of "firearms smuggling" which is committed when a person transports or transfers a firearm, on more than one occasion or for profit, knowing the firearm was acquired illegally.

Waiting Periods

District of Columbia: In response to the Supreme Court’s decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008) striking down the District’s ban on registration of handguns, the District enacted the Inoperable Pistol Amendment Act of 2008 and the Firearms Registration Amendment Act of 2008. Together these laws repeal the ban on handgun registration but extend the waiting period before a handgun may be delivered to a purchaser from 48 hours to ten days.

South Dakota:  South Dakota recently repealed the state’s 48-hour waiting period for handgun purchases.

Other Significant Legislation

Idaho: A recently enacted law allows residents of states that are not contiguous to Idaho to purchase long guns in Idaho. Likewise, residents of Idaho may now purchase long guns from states that are not contiguous to Idaho.

Montana: Montana has declared firearms and/or ammunition manufactured, sold and possessed in the state immune from federal firearms laws. The Montana Shooting Sports Association and the Second Amendment Foundation have announced plans to file suit to enforce this law. On July 16, 2009, the Bureau of Alcohol, Tobacco, Firearms and Explosives published an open letter to licensed firearms dealers and manufacturers in Montana. The letter clarifies that federal recordkeeping and background check requirements, as well as all other federal requirements and prohibitions, continue to apply in Montana, despite the new law. The Montana Shooting Sports Association and the Second Amendment Foundation have filed suit in U.S. District Court to enforce the law.

Oklahoma:  A recently enacted state law allows residents of states that are not contiguous to Oklahoma to purchase long guns in Oklahoma. Likewise, residents of Oklahoma may now purchase long guns from states that are not contiguous to Oklahoma.

Tennessee: A recent Tennessee law declares firearms and/or ammunition manufactured, sold and possessed in the state immune from federal firearms laws. On July 16, 2009, the Bureau of Alcohol, Tobacco, Firearms and Explosives published an open letter to licensed firearms dealers and manufacturers in Tennessee. The letter clarifies that federal recordkeeping and background check requirements as well as all other federal requirements and prohibitions, continue to apply in Tennessee despite the new law.

Another 2009 Tennessee law creates a misdemeanor for the purchase or attempted purchase of a firearm by a prohibited person and for sale or attempted sale to a known prohibited person.

Vermont:  A recently enacted law allows residents of states that are not contiguous to Vermont to purchase long guns in Vermont. Likewise, residents of Vermont may now purchase long guns from states that are not contiguous to Vermont.