Recent Developments in State Law

Updated October 19, 2009.

The information on this page supplements LCAV's state law summaries.

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. A 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.

Arkansas

Arkansas recently enacted a law that prohibits the sale of imitation firearms that do not meet specified color and other design criteria. The law takes effect on January 1, 2010.

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.

Another new California law authorizes courts to issue search warrants to seize firearms where, upon finding sufficient probable cause, the weapon is owned by or in the possession of a person detained for a mental health examination or arrested in connection with an incident of domestic violence. Similarly, a recently enacted law authorizes the issuance of a search warrant to seize a firearm possessed by a person subject to a protective order prohibiting firearm possession.

Another recently signed bill requires pawnbrokers and secondhand dealers to report to the California Department of Justice (DOJ) each firearm received on the date of receipt. The pawnbroker must retain a copy of the submitted report and make it available for inspection by DOJ or local law enforcement. DOJ may review the reports to determine whether a firearm has been reported lost or stolen.

A bill was signed into law that clarifies that a license to openly carry a loaded handgun -- which may be issued in a county with a population of under 200,000 persons -- only authorizes carrying in the county that issued the license. Finally, a new law revises the procedures for the revocation of a retired law enforcement officer’s concealed weapon privilege. The law also creates a procedure for immediate temporary revocation of the privilege where the officer’s conduct compromises public safety.

Connecticut

A recently enacted Connecticut law amends Conn. Gen. Stat. § 53-202(c). The new provision, which takes effect October 1, 2009, prohibits any person from transferring, selling or giving a machine gun to a person under sixteen years of age. The statute expressly states that there is no exception for the temporary transfer of a machine gun to a person under sixteen for use in target shooting or on a shooting range “or for any other purpose.”

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 Inoperable Pistol Amendment Act of 2008 and the Firearms Registration Amendment Act of 2008.  These laws repealed the District’s handgun ban and storage provisions that were struck down by the Court and also added several new firearms provisions. The new laws allow registration of handguns, but only one handgun per month may be registered. Handguns must meet certain minimum safety requirements. In addition, firearms must be re-registered every three years and registration of a characteristics-based class of assault weapons and 50 caliber weapons is prohibited.

Carrying or discharging firearms within the District is prohibited as is possession of large capacity ammunition feeding devices. The categories of persons who are disqualified from firearm ownership has been expanded.  Under the legislation, any handgun manufactured after January 1, 2011 must be equipped with microstamping technology. All firearm purchases within the District are now subject to a ten-day waiting period (previously a 48-hour period applied only to handgun purchases). Finally, the new legislation repeals the District’s concealed carry licensing law and prohibits the reckless storage of firearm that a minor accesses.

The District also recently enacted the Crime Bill Emergency Amendment Act of 2009. The law created a gun offender registry requiring persons convicted of certain firearm-related offenses, within or outside the District of Columbia, to register with law enforcement. The law also rewrites standards for possession of firearms, increases penalties for possession of firearms by a felon, and makes it a crime to be in a motor vehicle knowing a firearm is in the vehicle, unless it is being carried or transported lawfully. This emergency legislation will be in effect until September 27, 2009. The District has also enacted permanent legislation to this effect. This legislation can become permanent only after the mandatory 60-day Congressional review period that began August 26, 2009.

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. Another 2009 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

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) to a person subject to a domestic violence protective order in certain situations.

Illinois also 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.

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.

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.

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 persons prohibited under state law from possessing a firearm to petition a court for restoration of this right.

Another 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.

In addition, Montana has declared firearms and/or ammunition manufactured, sold and possessed in the state immune from federal firearms laws. Note that 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.

Nebraska

Nebraska enacted several new firearms laws in 2009. One recently enacted law 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.

Another 2009 law removes local authority to enact ordinances regulating concealed handguns, voids existing local ordinances, and creates recognition of some out-of-state concealed weapon permits. The law also 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.

Nebraska now also prohibits local governments from regulating shooting ranges.

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 (used for background checks of prospective firearm purchasers). The law also establishes procedures for petitioning a court to regain certain rights relating to the purchase or possession of a firearm.

New Jersey

New Jersey recently enacted a law that prohibits individuals from purchasing, and dealers from selling, more than one handgun in a 30-day period. For information about similar state and local laws, read the “Restrictions on Multiple Purchases or Sales of Firearms” section of the “Sales and Transfers” chapter of LCAV’s publication, Regulating Guns in America.

North Dakota

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

Another 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.

Another 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.

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.

South Dakota

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

Tennessee

In 2009, Tennessee enacted several new laws that weaken the regulation of firearms. Most notably, a new Tennessee law creates an exception to Tenn. Code Ann. § 39-17-1305, which prohibits the possession of firearms in an establishment where alcoholic beverages are served for consumption on the premises. The exception allows possession by a handgun carry permittee in restaurants that serve alcohol so long as the permittee 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.

Other new Tennessee laws:

• Allow 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.

• Allow handgun carry permittees to carry handguns in a refuge, public hunting area, wildlife management area or on national forest land.

• Allow handgun carry permittees to possess unloaded long guns in motor vehicles and loaded long guns in motor vehicles if ammunition is inserted for purposes of justifiable self-defense.

• Remove the requirement that the purchaser of a firearm provide a thumbprint as part of background check process when purchasing from a dealer.

• Declare firearms and/or ammunition manufactured, sold and possessed in the state immune from federal firearms laws. Note that 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.

Tennessee also strengthened regulation of firearms in 2009. A new law requires subjects of domestic violence protection orders to surrender all firearms to law enforcement and creates a misdemeanor for such persons to posses a firearm. Another 2009 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. Finally, a different new Tennessee law requires submission of mental health records to the National Instant Criminal Background Check System (used for background checks of prospective firearm purchasers), adds categories to the state’s prohibited purchaser law, and denies handgun carry permits to applicants with specified mental health histories.

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.

Another recently-adopted law requires submission of firearm prohibition records to the Department of Public Safety for further submission to the National Instant Criminal Background Check System (used for background checks of prospective firearm purchasers), and provides a process for petitioning for relief from disabilities due to mental health history.

Texas also 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 not permitted.

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.

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.

Virginia

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

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 (used for background checks of prospective firearm purchasers). The law also requires notice to patients that commitment results in firearm prohibition and provides a system for petitioning for relief from disability.