One of the suggestions for my postings during my time away from the intarwebz was a summary of gun laws in the states I'd pass through on the way to FL from MA. Given that the NRA convention in NC is next month (!!!), and that I might just be totin' (NC honors my NH non-res permit), I figured it'd be a good idea to brush up on the various laws along the way.
First off, interstate transport of unloaded, locked firearms is theoretically covered by the Firearms Owners Protection Act of 1986 (a.k.a. FOPA). Theoretically. as long as the possession of said firearm is legal in both your starting state and ending state (i.e. you can't have a handgun in Chicago), you can legally transport a firearm across state lines provided the gun is locked in a case in unloaded condition. Since it's legal to possess a firearm in NC without a permit, and I have a permit in MA, that alone would allow me to transport an unloaded firearm in a locked case from MA to NC. Theoretically.
There have been cases in anti-gun states where lawful firearms owners, who have made every effort to obey the law, still are arrested and charged with bogus crimes simply for daring to possess a firearm in said state. Now, since I'd be driving through NY, the journey is under my control far more than on an airplane; I'd also take specific measures to avoid NYC. From a legal standpoint, the FOPA should more than adequately cover me should I choose to bring a firearm to NC (or if I were to purchase a longarm in NC). Other precautions can and should be taken should one choose to venture in decidedly anti-gun locales...
On our sojourn to FLA, we went from Massachusetts to Connecticut to New York and New Jersey. After that, we traveled through Delaware, Maryland, and Virginia. North and South Carolina and Georgia were last before sunny FLA - 11 states in all, with MA having been pretty thoroughly covered for its crappy gun laws in the pages here and in other blogs. For Part 1, I'll cover CT, NY, NJ, DE, and MD - the anti-gun states (and DE). Method of CCW issue, odd AWB-related items, and other factors will be considered. NOTE: None of this is legal advise. I am not a lawyer, nor did I stay in a Holiday Inn Express last night.
CT: "May Issue" CCW at the discretion of the local PD *and* the state PD - apparently in CT you get a CCW for your city first, then for the state. Continued AWB similar to MA - extended the Federal Ban in perpetuity. Must report theft of firearms within 72 hours. On the plus side, there is no permit needed for ownership, no registration other than said "assault weapons", and no "duty to inform" or "binding signage".
NY: "May Issue" CCW which occurs if the person requesting the permit happens to be rich and/or famous and/or connected. Same AWB as MA/CT. No permit to own a rifle or shotgun (outside of NYC); a permit is required to own a handgun in one's home and these are issued at the licensing agency's discretion. There is a statewide AWB similar to MA; magazines cannot hold more than 10 rounds of ammunition. Fully automatic weapons are prohibited.
NJ: Same as NY and MA, more or less, for CCW permits - "May issue", and usually don't unless the person applying is rich, famous, or connected. AWB with idiotically includes tubular magazine-fed rimfire rifles like the Marlin model 60 or the Henry lever-action .22LR (because they hold over 10 rounds). BB guns are classified as firearms in NJ. Has a one-gun-a-month law for handguns.
DE: By far the most sane (read: Constitutional) of all the states listed so far; DE is "shall issue" for CCW, meaning that if the applicant meets the criteria for issuing a permit the issuing body cannot deny the permit. Full-auto weapons and silencers are prohibited. No permits are required to purchase long guns or handguns, no waiting periods, and no registration.
MD: Also "May Issue", also next-to-impossible for an average joe to get a carry permit without an act of G-d or a series of attempted mafia hits, apparently. MD requires certain "regulated" firearms to be sold only after the purchaser has completed a "safety video". MD is also the home of the "ballistic fingerprinting" boondoggle. On the other hand, there is no permit to purchase long arms or handguns and no registration of firearms.
It's interesting that Delaware is an oasis of sanity in an otherwise insane world of firearms regulation. It's also worth noting that the crime levels in MA, NY, NJ, and MD are significantly higher than those in DE - certainly for those involving firearms. Why, it's almost as though the actually gun laws themselves were ineffectual at reducing crimes - but people actually owning guns works.
Next up: Funky gun laws in other states.
That is all.
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23 comments:
CT: for a carry permit (no distinction between concealed or open; permit required to do either) CT is essentially "shall issue" except for a few problem towns, and even there if you are willing to jump through the hoops of an appeal the state will almost always over-ride the town rejection as long as you are not a prohibited person. We also have a "Certificate of Eligibility" which is shall issue direct from the state. The CoE allows you to purchase handguns or bypass the 2 week waiting period on longarms just like the carry permit, you just cant carry. It bypasses any local petty tyrants and makes it a little tougher for them to reject you if you then apply for a carry p
Our AWB is slightly better then MA's in that we don't have any magazine capacity issues. (and those stupid MA approval lists, OY!)
On paper we have no registration, it practice I'm afraid that's not quite true. FFLs are required to keep a separate bound book for the state and from listening to the police scanner on many occasions I've heard the dispatcher inform the patrolman responding to a call what make/model firearms the subject owns.
NJ: Took 40yrs, but I escaped from that anti-gun hellhole. In practice it's nothing at all like NY or MA; way worse. Listed by the Brady Bunch as may issue, it's virtually nay issue. Last I heard there were about 5000 carry permits in the entire state. Pretty much all are retired cops or other members of the "only ones" class. To even purchase a longarm requires a Firearm ID card that is harder the get then a carry permit in most free states. Each time you want to purchase a handgun (bb pistols and black powder included) you must apply for a permit to purchase a handgun, which is a similar process as the FID.
Clarifying NY:
CCW requires rich/famous/connected in the five boroughs of NYC, not the other 99% of the state. Pistol permits that are valid everywhere else in NY are not valid in NYC.
Nearly shall-issue, just takes for-freakin'-ever. Licensing officer is generally an elected judge, and he must provide written explanation of a declination and show cause for denial.
Most judges will put administrative "restrictions" on a pistol permit, to the effect of "target and hunting only" or similar. These restrictions have no basis in penal law but have been upheld by the judiciary (surprise surprise). However, having no basis in penal law, there is no criminal penalty connected with carrying on a restricted permit although the judge may suspend or revoke the permit.
End effect: lots of people carry targets and a stapler in their car and are members of a 24-hour range which they are ALWAYS on the way to. Or some don't make any bones about it and carry anyways (which was my choice until I changed counties to a gun-friendlier one).
AWB: mirror of federal ban, without a sunset. Pre-ban (pre-94) guns are good to go with any "evil" features you desire, but command a hefty premium in some arenas. Pre-ban mags are also available and aren't restricted. (I have five full-cap pre-ban mags for the new-to-me 5946.)
NFA: Full auto and suppressors are no-go, "AOW"s are ok - and the SuperShorty is on my "want" list.
Yeah, our gun laws suck, primarily because there is NO standard. Expect to see a challenge to NYC's de factor ban if/when McDonald v. Chicago is decided in our favor.
NJ: Pistols are a pain to buy - need a permit from the police every time. I haven't even tried to get a carry permit.
Long guns are easy except for the stupid "assault weapons" ban. In their ignorance, the legislature named specific models - so there are many renamed equivalents now available. Unfortunately, they named the M-1 Carbine as an assault weapon!
DE is "shall issue" for CCW, meaning that if the applicant meets the criteria for issuing a permit the issuing body cannot deny the permit.
DE is actually still "may issue" though in practice *most* people that apply are issued permits. It's may issue, but not in the way NY, MD, etc. are.
Agreeing with Mike W. DE is "may issue" you are required to undergo an approved CCW course, submit application, fingerprints, (05) character references, purchase a classified add, and then your application is then put before a judge for approval.
NJ really is no-issue unless you're a cop or an armored car guard. My NRA instructor, who's used guns all his life and teaches classes on the practical and legal aspects of concealed carry, was told outright that he'd never get a carry permit.
Unpublished but clearly understood requirement for a MD CCW is a 4 or 5 digit "donation" to the state Democrat party or election funds of a candidate for statewide office ("D" of course).
I live in VA, if I go south and/or west, I'm fine.
If I took my collection north, I'd be a multiple felon.
The .22 I got at age 14 (in NYS) is now a felony in NY, NJ and Mass at least, it's a Remington with a 15-20 (depending on type of .22) capacity tube magazine below the barrel.
I lived here for probably 4 years before I realized, "I don't live in NY anymore, I can buy a pistol! I can also buy scary guns too!"
That was a great year, I went from 2 guns to probably close to 15 in short order.
Mags over 10 rds can be grandfathered in in NYS. Made before Sept. 1994 is legal.
" (or if I were to purchase a longarm in NC). " I thought OTC longarm sales were only approved to residents of adjacent states, if both states allow it.
CT is queer because they allow full auto, but no select fire.
"The .22 I got at age 14 (in NYS) is now a felony in NY, NJ and Mass at least, it's a Remington with a 15-20 (depending on type of .22) capacity tube magazine below the barrel."
Tube fed 22s are exempt from the MA AWB.
"thought OTC longarm sales were only approved to residents of adjacent states, if both states allow it."
I believe that's just a common state law, not a federal one.
CT is not nearly as bad as most people think. As already stated, carry permits are pretty much shall issue. Full auto is allowed, select fire is allowed if owned before the CT AWB ban. Some of the guns the CT AWB list have a similiar, compliant gun available, such as the various AR types and most of the AK types, as long as the AK type is not chambered in 7.62x39. No hi-cap ban and no bizarre AG list. It's not NH or MT, but it's pretty good for such a blue state.
IT's interesting this comes up.
I hope everyone planning on coming down to Charlotte next month realizes that the convention center the NRA is using is antigun. No concealed carry allowed, and apparantly, in addition to teh owners deciding that, there's a specific NC state law about that center!
So don;t carry into teh convention hall -- they are publicly putting out that you WILL be going through a metal detector.
I happened to look up the NJ AWB recently looking for something else; and per the AG letter that converted the statutory list of 50 firearms and "substantially similar" into a feature ban, to qualify as an assault weapon the firearm must be semiautomatic. (The statute is clear on shotguns in that case, also has to be semi-auto).
Time and hassle for permit/paperwork is (or was until this year) heavily dependent on the local town attitude. As f November 2008 wait times are climbing in all areas; and anecdotally the increase is in the State Police background check process...
I wouldn't trust the courts to do something stupid like say "oh, the legislature couldn't have meant to exclude that level-action"; they invalidated the statutory time limit on issuance of paperwork (it's supposed to be issued within 30 days, the NJ Supremes somehow read that as "30 days from whenever the CLEO feels like it" and has repeatedly upheld that).
Connecticut requires a permit/certificate just to purchase handguns.
Ian,
I would be worried about the feature thing if I was trying to bring a gun into NJ. Buying new from a dealer - not a problem. If it made it through the system to the store counter, you are legal. No cop is going to hassle you for a gun legally purchased and permitted post-ban.
Bram, I wouldn't be so sure. The NJ AWB is complicated and has some absurd stipulations. I've seen new guns for sale in NJ that are absolutely in violation.
It's probably true that nobody will ever hassle you (lots of Jerseyans deal with the AWB by shrugging and assuming nothing bad will happen), but it _is_ a felony if you draw the short straw...
I would be a little worried about a new gun as well, not only is there a "feature" list; but the original "named or substantially similar" language is still kicking; and who knows what bug will get into a judge.
There is no grandfather clause, either.
Just as an example - no-one is *quite* sure if a Ruger Charger is a banned assault weapon or not. (It probably is, and Ruger notes this accordingly on their website). But there were some for sale in NJ for a while.
Ian, the Charger was exactly the gun I was thinking of. A handgun with a magazine outside the handle and a "forward handgrip" is covered by the AWB, and as vague as that standard is, it's pretty clear the Charger could qualify.
The standards are definitely too vague to be sure any given firearm is legal, even if it's for sale in a NJ store.
Take the bipod off and that would deal with the forward grip. It is, however, also too heavy by approx 6 oz. Ruger sez 3.5 lbs = 56 oz, and one of the "banned" features is an unloaded weight of 50 oz or more.
For more fun see http://www.state.nj.us/njsp/about/fire_ag1.html about whether the colt Match Target rifle and the M1A are banned weapons or not.
For that matter, the legality of almost any AR-15-derived rifle is apparently dependent on the State AG determining that *changing the name* engraved on the receiver makes it no longer substantially similar; esp given the language in the NJSP link above noting that certain the recevier is no longer idential to the AR-15 receiver. I don't know what changes have been made to that particular model rifle to render the receiver distinguishable from that of an AR-15, but there are rifles kicking aroun dNJ that have been purchased in NJ where the difference is - essentially - the engraving on the receiver.
Ian - You are right our laws suck. I try to keep the police and my guns away from each other as much as possible (not that I'm intentionally breaking the law).
The only cops I even talk to about shooting are the ones I served with in the National Guard (and trust).
There are also cops who shoot at the club (who would have to find another place to practice if they started creatively interpreting gun laws on our premises). I am courteous, friendly and only mildly leery of them.
As far as I can tell, the local cops don't care. That having been said, I don't shoot locally, and I have to transit State Police territory and/or a couple of notoriously gun-hostile towns to get to a range. Lets just say I drive carefully when I've got guns on board, and make sure I'm well within compliance with the transport regs.
(Which sucks because I have family near a couple of the ranges I go to, and a really tasty place to eat is near the other...)
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