The states' differing approaches to carrying concealed weapons

by Jeffrey A. Showell

Thanks to Michael Kielsky (Michael, Kielsky, Sui Juris, Juris et de jure), who originated and maintained some of this information for several years (kielsky@primenet.com).

Since 1987 there has been a remarkable increase in the number of states allowing ordinary citizens to carry concealed weapons via a permit system. These are aptly termed "shall issue" states, since these laws typically obligate the issuance of a permit within a certain number of days if the applicant is not disqualified by convictions for a felony or violent misdemeanor, adjudicated mental problems, drug use, or other narrow, objective criteria. Fingerprinting, a background check, verification of firearms training and proof of a rudimentary knowledge of applicable laws are usually part of the application process. A few states additionally require references. Denied applicants typically have the right of appeal to a commission or a court, with the burden of showing ineligibility falling on the issuing authority. Permits in these states are valid statewide, since the standards used for issuance are uniform statewide, though locations like schools, government offices and liquor serving establishments are commonly excluded. The permits issued by the various states vary in validity from 1 to 5 years, and in cost from $10 to $140. Several of these states also allow non-residents to apply for permits, or grant reciprocal rights to permitees from certain states.

Vermont is unique among American jurisdictions. The carrying of handguns, either openly or concealed, has never been regulated by the state, although a few cities apparently do so. No permit of any kind is required of residents or non-residents.

The concealed carry laws of several other states are conveniently termed "discretionary." To differing extents, applicants have the burden of showing need for a permit. Standards vary widely not only between states, but also frequently internally where decisions are made locally, such as in California and Colorado. In other states where permits are administered centrally, standards seem to be more uniform, though usually stringent. In the following database, I have tried to make the included information as accurate as possible, but do not rely upon it! State laws can change quickly, and there is no substitute for consulting the proper law enforcement authorities and an attorney in your jurisdiction for complete and up to date information and laws. Please feel free to send comments, corrections and updates to the e-mail address listed at the end of this document.



STATE DURATION COST VALID STATEWIDE NON-RESIDENT PERMITS OR RECOGNITION ISSUING AGENCY
UNREGULATED (1)
Vermontnanananana
SHALL ISSUE (30)
Alabama120yesnoSheriff
Alaska5<125yesnoDept. of Public Safety
Arizona450yesno Dept. of Public Safety
Arkansas4100yesno State Police
Connecticut550yesyesState Police
Florida3117yesyes Dept. of State
Georgia532yesyesJudge of Probate Court
Idaho420yesyesSheriff
Indiana425yesyesChief of Police in towns, Sheriff elsewhere
Kentucky3?yesyesState Police
Louisiana4100yes?Dept. of Public Safety and Corrections
Maine435yesyesChief of Police in towns, State Police else.
Mississippi3100yesnoHighway Patrol
Montana450yesnoSheriff
Nevada560yesnoSheriff
New Hampshire410yesyesChief of Police
North Carolina490yesnoSheriff
North Dakota360yesyes Bureau of Criminal Investigation
Oklahoma4100yesyesState Bureau of Criminal Investigation
Oregon265yesyesSheriff
Pennsylvania513yesyesChief of Police in large cities, Sheriff else.
South Carolina 450yesyesState Law Enforcement Division
South Dakota46yesnoChief of Police in towns, Sheriff elsewhere
Tennessee4100yesnoChief of Police in towns, Sheriff elsewhere
Texas2,470,140yesnoDept of Public Safety
Utah259yesyesDept. of Public Safety
Virginia250yesnoClerk of Circuit court
Washington560yesyesJudge, Chief of Police or Sheriff
West Virginia570yesnoSheriff
Wyoming550yesyesAttorney General
DISCRETION (13)
California128yesnoSheriff, Chief of Police
Coloradovaries10-100yesnoSheriff, Chief of Police
Delaware235?noProtnotary of the Superior Court
Hawaii110no?Chief of Police
Illinois55noyes ?
Iowa110yesyesSheriff
Maryland275yesyesSuperintendant of State Police
Massachusetts520yesyesChief of Police
Michigan310noyesConcealed Weapons Licensure Board
Minnesota1free?yesPolice or Sheriff
New Jersey220?yesSuperior Court
New Yorkindef45noyes?
Rhode Island220yesyesState Attorney General

PROHIBITED:

District of Columbia
Kansas
Missouri
Nebraska
New Mexico
Ohio
Wisconsin

NOTES:

CT: Applicants must first obtain a permit in a town. Non-residents can, in theory,apply in any town.
ID: Out-of-state permits honored
GA: Permits are honored from states which honor GA's permit
IN: Out-of-state permits are honored
KY: Out-of-state permits honored from states which honor KY's permit. Effective 7/1/96.
ME: Issuing authority for non-residents is the State Police. Cost is $60
MI: Will apparently recognize out-of-state permits
NH: Issuing authority for non-residents is the State Police. Cost is $20
OK: Out-of-state permits honored from states which have requirements as strict as OK's.
OR: Will apparently issue to residents of neighboring states with demonstrated need. Can recognize out-of-state permits if the Attorney General declares the permits to be "equivalent." None has yet been so declared.
PA: Many sheriffs unaware that they can issue to non-residents. There is a provision for reciprocity with other states, if the Attorney General decides it.
SC: Permits honored from states which honor SC's permit.
TX: Permits from other can be recognized if the Attorney General decides that the required training is equivalent.
VT: A few cities apparently have some restrictions.
WY: Will recognize out-of-state permits issued by a "state agency. '

USA: Recently introduced House Bill 3838 would apparently make state CCW permits valid nationwide, even in states which do not issue such permits.

http://www.arts.arizona.edu/showell/CCW.html
Jeffrey Showell, showell@u.arizona.edu,

There have been accesses of the page since February 9, 1996 http://www.arts.arizona.edu/showell/ccw.html
Last Updated on February 6, 1996.