Gun laws in the United States vary from state to state and are independent of, though sometimes broader or more limited in scope than, existing federal firearms laws. Some U.S. states have also created so-called assault weapon bans that are independent of, though often similar to, the expired federal assault weapons ban. The state level bans 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 of the Bill of Rights (the exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York).
Firearm license-holders are subject to the firearm laws of the state they're in, not the state in which the permit was issued. Reciprocity between states exists for certain licenses, such as concealed carry permits. These are recognized on a state-by-state basis. For example, Arizona recognizes a Nevada permit, but Nevada does not recognize an Arizona 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 Concealed Carry Weapon ("CCW") permits at all, so it is important to understand the laws of each state when traveling with a handgun.
When planning a trip it can be very confusing to match the concealed carry weapon permit to the state laws. John Thune of South Dakota introduced a national reciprocity bill, but it has never been able to advance out of Senate committees. Checking with each state's legal page is important. There are travel tools that may help shorten the search time.
For federal gun law, see Gun law in the United States.
Alabama
Alabama is classified as a "may issue" state; Alabama law states, "The sheriff of a county may, upon the application of any person residing in that county, issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."
In practice, virtually all Alabama county sheriffs as of 2006 issue licenses to all "suitable persons." Application fees and other requirements such as training as well as the conduct of background checks vary from sheriff to sheriff. Alabama permits are honored in 22 states.
Alaska
Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry,"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.
Arizona
Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes. There is no registration or licensing of non-NFA firearms in Arizona. In fact, Section 13-3108 subsection B prohibits any political subdivision of the state from enacting any laws requiring licensing or registration. According to state law, a person must be 18 years of age to purchase any non-NFA firearm from any source; however, there is a federal age limit of 21 years on handgun purchases from federal firearms licensees. Generally, a person must be 18 years of age to possess a firearm or carry one openly, with such exceptions as are described below.
Arizona is classified as a "shall issue" state. Concealed carry permits are issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety. Requirements for issuance include taking an 8 hour training class (provided by a licensed third party), submitting a finger print card, and paying a $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years. Permits issued before August 12, 2005 are valid for four years. Renewing a permit requires only an application and finger print card. However, effective December 31, 2007 the finger print card requirement for renewal is scheduled to end. Arizona recognizes almost all valid out-of-state carry permits, with few exceptions.
The law regarding the carrying of firearms in motor vehicles by non-permit holders is complex and has been further muddled by court decisions. However, it is clear that no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible.
On foot, no permit is required to openly carry a firearm in a belt holster, gun case or scabbard. Generally, a person must be at least 18 years of age to openly carry a firearm. However, this does not apply to:
- Juveniles within a private residence.
- Emancipated juveniles
- Juveniles accompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the juvenile's parent or guardian
- Juveniles on private property owned or leased by the juvenile or the juvenile's parent, grandparent, or guardian
- Juveniles fourteen years of age and up engaged in any of the following activities:
- Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited
- Lawful transportation of an unloaded firearm for lawful hunting
- Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited
- Activities that require a firearm related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities
On September 30, 2009 a new law allowing people with concealed weapons permits to carry their guns into bars came into effect, providing they refrain from drinking alcohol in the establishments. The law also allows bar and restaurant owners to post signs barring guns.
Arizona law permits the carrying of handguns by juveniles in some situations where they are prohibited by the Federal Youth Handgun Safety Act. However, state and local police in Arizona have shown little interest in enforcing the federal act.
The Arizona legislature has largely preempted political subdivisions (counties, cities) from passing their own firearms laws. Political subdivisions may regulate the carrying of weapons by juveniles or by their own employees or contractors when these employees or contractors are acting within their employment or contract. They may also limit the carrying of weapons to permit holders in parks that are less than one square mile in area and in public establishments and events. Public establishments and events where carry is limited to permit holders must provide secure storage for weapons on-site, which must be readily accessible upon entry and allows for immediate retrieval on exit.
Indian reservations, which comprise a large portion of the land area of the state, are exempt from the preemption statute, and may have gun laws considerably more restrictive than state law. However, these laws do not usually apply to non-tribal members passing through a reservation in a continuous journey on a major highway.
It is generally illegal to discharge a firearm within or into the limits of any municipality. However, this prohibition does not apply to persons discharging firearms in the following circumstances:
- On a properly supervised range
- In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police (Any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.)
- For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service
- By special permit of the chief of police of the municipality
- As required by an animal control officer in the performance of duties
- Firing blank cartridges
- More than one mile from any occupied structure
- In self-defense, or defense of another person against an animal attack if a reasonable person would believe deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect a person from harm
- In self-defense or, in defense of another person against a criminal attack as permitted by the laws regarding defensive use of force
While discharging a firearm using blanks within the limits of a municipality is not specifically prohibited by law, it could still result in a disorderly conduct charge pursuant to ARS 13-2904.
State law prohibits the carrying of firearms in certain areas. These prohibited areas include:
- Hydroelectric or nuclear power generating stations
- Polling places on election day
- Secured areas of airports
- School grounds. However, this does not apply to:
Game refuges. However, this does not apply to:
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