Revised 6/3/96 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#Survey of State Procedures Survey of State Procedures Related to Firearm Sales May 1996 The full test of this report is available through: *the BJS Clearinghouse, 1-800-732-3277 *on the Internet at http://www.ojp.usdoj.gov/bjs/ *on the BJS gopher: gopher://www.ojp.usdoj.gov:70/11/bjs/ *on the National Criminal Justice Reference Service Electronic Bulletin Board (set at 8-N-1, call 301-738-8895 Jan M. Chaiken, Ph.D. Director INTRODUCTION This study is part of an ongoing Bureau of Justice Statistics (BJS) project referred to as FIST (Firearm Inquiries STatistics) being conducted by the Regional Justice Information Service (REJIS) of St. Louis, Missouri. The purpose of the study is to provide an overview of how the firearm check procedures work in the various states to help in measuring the impact of the "Brady Act" (Public Law 103-159, Handgun Control, Multiple Firearm Purchases, and Federal Firearms License Reform: Brady Handgun Violence Prevention Act). This document is based on a three-part survey sent to all of the states in June, 1995. Part A - Firearms Inquiry Statistical Technique, focuses on the process and procedures an agency follows to review an application to purchase a firearm. Part B - Firearms Inquiry Survey Tracking focuses on individual transactions involving the initial rejection of an application. Part C - Firearms Inquiry Statistical Tally, shows the total number of applications processed and the resulting decisions. No identification information related to a specific individual is collected. Additionally, the states were informed that their response was entirely voluntary. The survey's Part A is designed to be filled out only once. Part B and Part C are designed to be implemented on a continuing basis; each state submitting either Part B rejection records or a Part C summary at the end of each month. Most of the states responded to Part A but declined to submit part B or C until BJS supported automated processing software was developed by REJIS. This BJS software was released to the states in December, 1995 and data concerning the numbers of applications being processed will shortly become available on a regular basis. This report summarizes the Part A responses received from 40 states as well as verbal discussions the non-responding states had with REJIS interviewers. Moreover, each summary, once prepared, was forwarded to the state for review, and clarifying comments were used to adjust the summary. As a result, REJIS believes the summary to be substantially correct. For the purposes of this report, the term CLEO (Chief Law Enforcement Officer) refers to any agency designated as authorized to perform criminal record checks for handgun purchases under the Brady Act or, in the case of Brady Alternative States, under its own legislation. Note responses may reflect the fact that states may place additional restrictions or ask for additional personal identifiers to purchase a handgun besides those required in the Brady Act. Also note that state restoration of firearm privileges may not remove Federal firearm disabilities (for further information contact the Bureau of Alcohol, Tobacco and Firearms [BATF] to make such a determination). Appendix A lists each state's FIST contact. Appendix B, Status of the States, sumarizes each state's number of CLEOs, reported instant check capability, and initial rejection data as of January 1996. REJIS wishes to thank the state representatives who responded to the survey, those who reviewed the summary for their state, and others who helped in the preparation of this document. ------------------------------------------------ Alabama ------------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Alabama Bureau of Investigation and the Alabama Criminal Justice Information Center. These agencies are not CLEOs as defined by the Brady Act. The CLEOs in the state of Alabama are the 67 local sheriffs. Additional Restrictions on Purchase: The state places additional restrictions on the purchase of handguns besides those required in the Brady Act. It also requires a 48 hour minimum waiting period before the sale of the handgun. Limitations on Use: Alabama places limitations on carrying handguns. It does not place limitations on the use or acquisition of long guns. Permits: A permit to purchase a handgun is not required. Handgun Registration: Neither handguns nor long guns are registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law including sales by pawnshops; however redemptions by the person who pawned the gun are not covered by law. Background Checks: Background checks on the purchase of handguns are done by the local sheriffs. The dealer requests a check from the sheriff by sending the application to the CLEO via registered or certified mail. The results of that check are sent back to the dealer. Information on the Application: In addition to the standard information the following data are required: occupation, make, model, caliber and manufacturer's number. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Alabama makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, and probation and parole. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: The local CLEO keeps approved applications for a maximum of 20 days. Rejected applications are kept for 6 years. Statistics Maintained: Alabama maintains statistics on the number of stolen handguns and the number of recovered handguns, and has statistics on or can identify events which involve drugs, homicides, assaults, or the murder or assault of a police officer. --------------------------------------- Alaska -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Alaska Department of Public Safety. This agency is a CLEO as defined by the Brady Act. The department and 34 local police agencies function as CLEOs. Additional Restrictions on Purchase: Alaska does not place any additional restrictions on the purchase of handguns besides those required by the Brady Act. Permits: Alaska does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Alaska. Scope of Sales Covered: The only sales of handguns that are regulated in Alaska are those covered by the Brady Act. Restoration of rights: The state of Alaska does not allow aconvicted felon's right to own a handgun to be restored. Background Checks: Background checks on handgun purchases are performed by the state and local police. The dealer requests a check from the state or local police office with jurisdiction. The results of that check are sent back to the dealer. Information on the Application: Alaska does not ask for any additional data besides that on the standard BATF form. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Alaska makes the following data available to each CLEO via its statewide computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State, the CLEO keeps approved applications for a maximum of 20 days. Current Activity: For the period from March of 1994 to July of 1995 Alaska processed 23,858 applications. 562 were disapproved. This represents a rejection rate of 2.35%. --------------------------------------- Arizona -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Arizona Criminal Justice Information Center. This agency is the CLEO as defined by the Brady Act. On October 1 of 1994 Arizona went to a statewide instant check system using a 1-800 number. Additional Restrictions on Purchase: None Limitations on Use: Arizona places limits on carrying handguns, including carrying a concealed handgun. It also places limitations on carrying a long gun or a concealed long gun. Permits: Arizona does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered. Carrying a concealed handgun requires a permit. Scope of Sales Covered: The only sales of handguns that are regulated in the state are those covered by the Brady Act. Restoration of rights: The state allows a convicted felon's right to own a handgun to be restored. This procedure requires a court order signed by a judge. Background Checks: Arizona has an instant check system. Background checks on purchases of handguns are done by the Arizona Department of Public Safety. The dealer requests a check by using a 1-800 number, regular phone, by mail, or fax. The results of that check are sent back to the dealer using the same method. Information on the Application: Arizona uses the BATF form. Inquiry Process: For applications which require no research the process normally takes less than 5 minutes. For those requiring research, it normally takes less than 5 days. Fees Charged: No fee is charged. State Data: Inquirers have access to the following data on the state computer network: wanted, warrant, arrest, and probation and parole (if it is part of the person's criminal history). The files are fully automated and contain 100% of the data that are available at the state level. In addition they also have access to sex offender registration data and Department of Corrections data Retention of Applications: As a Brady State, the CLEO keeps approved applications for a maximum of 20 days. -------------------------------------- Arkansa s-------------------------------------- SOURCE OF INFORMATION: This information was provided by the Arkansas State Police. This agency is the CLEO as defined by the Brady Act. Additional Restrictions on Purchase: The state does not place restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Arkansas places limitations on carrying handguns, concealed handguns, and long guns or concealed long guns for most felons. Permits: Arkansas does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Arkansas. Scope of Sales Covered: The only sales of handguns that are regulated in Arkansas are those covered by Brady. Restoration of rights: The state allows a felon's right to own a handgun to be restored in some cases. This occurs with some expungements, some pardons, or the governor can restore these rights. Background Checks: Background checks on handgun purchases are done by the Arkansas State Police. The dealer requests a check by using a 1-900 number, certified mail, in person, or fax. The results of that check are sent back to the dealer if the application is rejected. If it is not rejected the 5 day waiting period is allowed to expire. Information on the Application: Arkansas uses only the BATF form. Inquiry Process: Arkansas does not replyunless it is to deny an application. For those which do require research it normally takes less than 5 days. Fees Charged: Arkansas charges $15.00 for the background check and an additional $3.00 for the 1-900 number if it is used. State Data: Arkansas has access to the following data on its state computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State, the CLEO keeps approved applications for a maximum of 20 days. Current Activity: From February of 1994 to July of 1995 Arkansas processed 40,019 applications. There were 686 disapproved. This represents a rejection rate of 1.71% -------------------------------------- Califorina -------------------------------------- SOURCE OF INFORMATION: This information was provided by the California Department of Justice. This agency is the CLEO. Additional Restrictions on Purchase: Prevents purchase if the applicant is guilty of certain misdemeanors. The list places emphasis on any act which threatens or harms another individual or involves the misuse of a firearm. Same restrictions on the purchase of a long gun. Limitations on Use: The state restricts the carrying of concealed handguns. Permits for Handguns: Only for concealed handguns. Handgun Registration: Handguns are not registered, but the automated files maintain a record of handgun purchases and transfers. Scope of Sales Covered: All sales by California Licensed Firearm Dealers are covered including sales by pawnshops. Redemptions are not covered nor are antiques and oawns of less than 30 days. Restoration of rights: The state allows restoration of a felon's right to own a handgun only if a court reduces the charge to a misdemeanor. Background Checks: Background checks on purchases of handguns are done by the California Department of Justice. The dealer requests a check and the results are sent back via mail or regular phone. The Department has 15 days (or 20 days if mailed) in which to do the check and the transfer cannot take place prior to then. Information on the Application: The following data are required: name, sex, home address, local address if traveling, height, weight, occupation, race, hair color, eye color, date of application, make, model, type of weapon and serial number. Fees Charged: California charges $14.00 ($10.00 for subsequent purchases at the same time) for the check. State Data: California has access to wanted, warrant, arrest, probation and parole, juvenile, mental health, and domestic abuse. The files are fully automated (except for probation and parole) and contain 100% of the data that are available at the state level. Retention of Applications: All applications are kept on microfiche indefinitely. Current Activity: For 1994 and 1995, 472,213 applications were received and 6,396 were disapproved. This represents a rejection rate of 1.35%. -------------------------------------- Colorado -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Colorado Bureau of Investigation. This agency is the CLEO. Additional Restrictions on Purchase: The state will not authorize a gun purchase if the applicant is guilty of misdemeanors related to domestic violence. Limitations on Use: Colorado does place limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on carrying a long gun or carrying a concealed long gun. Permit to Purchase a Handgun: Not required. Handgun Registration: Handguns are not registered in Colorado. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, including sales by pawnshops. However redemptions by the person who pawned the gun are not covered by State law. Restoration of rights: A felon's right to own a handgun is restored 10 years after release from supervision. Background Checks: Colorado has an instant check system. Background checks on purchases of handguns are done by the Colorado Bureau of Investigation. The dealer requests a check by using a 1-800 number. Information on the Application: Colorado's application contains the following data: name, address, race, sex, date of birth, place of birth, Social Security Number, date of request, and action taken. Inquiry Process: For approved applications, the check process takes less than 1 minute. For those disapproved, the state notifies the applicant by mail within 15 days as to the reason for denial and how to appeal that denial. Fees Charged: Colorado charges $10.00 for the background check. State Data: Colorado has access to the following data on its state computer network: wanted, warrant, arrest, probationand parole, juvenile, and domestic abuse. These files are fully automated. Retention of Applications: Colorado keeps approved applications for 1 day and the disapproved applications for two years. Current Activity: From January 1994 to December 1995, Colorado processed 118,020 applications. 7,625 were disapproved. This represents a 6.46% denial rate. --------------------------------------- Connecticut -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Connecticut State Police. This agency is the CLEO. Additional Restrictions on Purchase: Prevents handguns from being purchased if the applicant is guilty of any of 11 misdemeanors pertaining to Firearms and to dangerous weapons or when suitability can be questioned when involved in public incidents. Limitations on Use: Connecticut places limitations on carrying handguns and the purchase of long guns. Permits: The state requires a permit which applicants carry to the dealer to certify that they are authorized to purchase a handgun. Handgun Registration: Handguns are registered in Connecticut. Scope of Sales Covered: All sales by Federal Firearm Licensees and individuals are covered by state law, including sales by pawnshops and redemptions by the person who pawned the gun. Restoration of rights: Rights are restored if the person goes to the Board of Pardons and has the conviction cleared from his/her record. Background Checks: Background checks are done by the state police. The dealer requests a check by a 1-800 number, regular phone, by mail, in person, certified mail or fax. If it is not rejected and a 14 day waiting period expires the person is allowed to purchase the handgun. Information on the Application: The application contains the following data: name, address, race, sex, height, weight, date of birth, Social Security Number, date of request, date action taken, action taken, reason for rejection, type, make, model, and serial number of weapon. Inquiry Process: For those which require no research, the background check process normally takes less than 15 minutes. For those which require research it normally takes less than 3 days. Fees Charged: A fee is not charged. State Data: The following data are available on the state computer network: arrest (100%), probation and parole (10%), and domestic abuse (25%). Retention of Applications: Connecticut keeps rejected applications indefinitely. Gun dealers keep approved applicationsfor 5 years. -------------------------------------- Delaware -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Delaware State Police. This agency is the CLEO. Additional Restrictions on Purchase: Delaware prevents handguns from being purchased if the applicant is guilty of any of a list of misdemeanors that deal with assault or drug violation within the last 5 years. It also places restrictions on those people who are not yet 25 and who as juveniles committed acts that would have been felonies if they were adults. Limitations on Use: Limits carrying a concealed handgun. Permits: Delaware does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law. In addition, checks may be run on private sales. This is an option and not a requirement. Restoration of Rights: Can be restored through a governor's pardon. Background Checks: Delaware has an instant check system. The dealer requests a check by using a 1-800 number. The results of that check are sent back to the dealer by phone. Information on the Application: The application contains the following data: name, address, race, sex, date of birth, Social Security Number, date of request, date action taken, action taken (and if the application was rejected), the type of weapon, make, model, and serial number of weapon. Inquiry Process: For applications which require no research, the background check process normally takes less than 6 minutes. For those which require research, it normally takes less than 14 minutes. Fees Charged: No fee is charged. State Data: Delaware has access to the following data on its state computer network: wanted, warrant, arrest, probation and parole, juvenile, mental health, and dishonorable discharge. The files are fully automated and contain 100% of the data that are available at the state level (except for mental health and dishonorable discharge, which are partially automated). Retention of Applications: Delaware keeps approved applications for 60 days and rejected applications for 5 years. Current Activity: For the period from September 1995 to December 1995, Delaware processed 5,697 applications. 347 were disapproved. This represents a rejection rate of 6.09%. ------------------------------------------ Florida ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Florida Department of Law Enforcement. This agency is the CLEO. Additional Restrictions on Purchase: There is a three day waiting period on handguns only. Limitations on Use: Florida limits carrying concealed handguns to persons holding permits. Permits: No permit, but the concealed weapons permit can serve in place of a background check . Handgun Registration: Not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law including sales by pawnshops; however redemptions by the person who pawned the gun are not covered unless the gun was left for more than 90 days. Restoration of Rights: Yes, through a pardon in both the state of conviction and in the state of Florida. Background Checks: Florida is an instant check state. The dealer uses a 1-800 number or fax. If it is not rejected, the 3 day waiting period is allowed to expire and the person has the right to purchase the handgun. Information on the Application: Florida's application contains the following data: current name, previous names, race, sex, date of birth, Social Security Number, date of request, date action taken, and action taken. Inquiry Process: For applications which require no research, the background check process normally takes less than 3 minutes. For those which do require research, it normally takes less than 3 days. However the applicant must still wait 3 days to purchase the handgun. Fees Charged: Florida charges $8.00 for the background check. State Data: Florida has access to the following state data: wanted, warrant, arrest, probation and parole, and domestic injunction. These files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: Approved applications are retained for less than two days and disapproved applications are retained indefinitely. Current Activity: In the years 1994 and 1995, Florida processed 553,865 applications and disapproved 18,495, This is a rejection rate of 3.34%. ------------------------------------------ Georgia ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Georgia Bureau of Investigation/Crime Information Center. This agency is the CLEO. On January 1, 1996 Georgia started a statewide instant check system using a 1-800 number. Additional Restrictions on Purchase: The state does not place restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Georgia does place limitations on carrying handguns, including carrying a concealed handgun. Permits: Georgia does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered. Scope of Sales Covered: The only sales of handguns that are regulated in Georgia are those covered by the Brady Act. Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored if granted a pardon and the Pardon and Parole Board specifically restores the right to possess a firearm. Background Checks: Georgia has an instant check system. Background checks are performed by the Georgia Crime Information Center. The dealer requests a check using a 1-800 phone number. The results are sent back to the dealer. Information on the Application: Georgia's application contains the following data: name, sex, race, DOB, and Social Security Number. Inquiry Process: For applications which require no research, the background check process normally takes less than 5 minutes. For those which require research, it normally takes less than 1 day. Fees Charged: Georgia charges $5.00 for the background check. State Data: Georgia makes the following record checks in addition to criminal history and III: wanted, warrant, arrest, probation and parole, and mental health. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: The Georgia Consent Form is attached to ATF 4473 by the FFL and retained by the FFL. The state does not keep a record of approved sales. Current Activity: Georgia implemented its state system in January of 1996. For January, Georgia processed 9,386 applications and 978 were disapproved. This represents a rejection rate of 10.4%. ----------------------------------------- Hawaii ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Hawaii Criminal Justice Information Center and the Honolulu Police Department. The CLEOs in the state of Hawaii are the 4 local police departments. Additional Restrictions on Purchase: In addition to the Brady Act requirements, the state of Hawaii prevents handguns from being purchased if the applicant isguilty of any misdemeanor involving a violent fact or domestic abuse. Limitations: Hawaii limits carrying handguns and long guns. Permits: Hawaii requires a permit. Handgun Registration: Handguns are registered in Hawaii. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, including sales by individuals. Handguns may not be pawned in Hawaii. Restoration of Rights: The state of Hawaii allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the police departments. Information on the Application: Hawaii's application contains the following data: name, address, race, sex, height, weight, date of birth, Social Security Number, phones, business address, hair and eye color, photograph, fingerprints, date of request, date action taken, and action taken. Inquiry Process: Hawaii has a 14-day waiting period. Permits must be picked up within 10 days from the date of issue. Fees Charged: Hawaii does not charge a fee for the background check. State Data: CLEOs check the state control repository and NCIC for criminal history records on applicants. Mental health data are also checked manually. Retention of Applications: The local CLEO keeps the applications on file indefinitely. ------------------------------------------ Idaho ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Idaho Department of Law Enforcement. This agency is the CLEO. Additional Restrictions on Purchase: The state of Idaho does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: There are limitations on carrying concealed handguns and concealed long guns. Permits: Required for concealed weapons only. As of July 1, 1995 this permit may be used in lieu of a background check. Handgun Registration: Handguns are not registered in Idaho. Scope of Sales Covered: Only dealers registered with the state of Idaho may sell handguns. Restoration of Rights: The state of Idaho allows a convicted felon's right to own a handgun to be restored automatically after completion of imprisonment (or probation and parole) except for certain felony offenses. Background Checks: Idaho has an instant check system. Background checks on purchases of handguns are done by Idaho Department of Law Enforcement. The dealer requests a check by using a 1-800 number or regular phone. The results of that check are sent back to the dealer using the same method. Information on the Application: Idaho's application contains the following data: name, address, sex, height, date of birth, Social Security Number, date of request, date action taken, and action taken. Inquiry Process: Applications which require no research take less than 3 minutes to process. For those which require research, it normally takes less than 1 hour. Fees Charged: Idaho charges the dealer an annual $100 fee. State Data: Idaho has access to the following data on its state computer network: wanted, warrant, and Arrest. The files are fully automated and contain 100% of the data that are available at the state level. Idaho also has access to a state civil protective order file. Retention of Applications: Idaho keeps the approved applications for less than 5 days and the disapproved applications indefinitely. Current Activity: For the period from March of 1994 to December of 1995 Idaho processed 57,266 applications. There were 1,716 disapproved. This represents a rejection rate of 3%. ---------------------------------------- Illinois ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Illinois State Police. This agency is the CLEO. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: The state places limitations on carrying handguns (including carrying a concealed handgun) and long gun (or a concealed long gun). Permits: The state issues a 5 year permit to purchase a handgun. Handgun Registration: Handguns are not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, including sales from one individual to another and by pawnshops, including redemptions by the person who pawned the gun. Restoration of Rights: A felon's right to own a handgun can be restored if an appeal process is followed. Background Checks: Background checks on handgun purchases are done by the state police. The dealer requests a check by a 1-900 number. Information on the Application: Illinois' application contains: name, address, race, sex, height, weight, date of birth, eye color, hair color, previous names, and picture. Inquiry Process: Applications which require no research are completed in less than 1 minute. Those which require research are completed within 3 days. Fees Charged: There is a $5.00 fee for the initial issuance of a Firearm Owner's Identification Card (FOID). Illinois charges the gun dealer $2.00 for a regular background check. State Data: Illinois has access to the following data on its state computer network: wanted, warrant, arrest, and mental health. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: The data from the 1-900 call is not kept. The information on the FPIC is archived to microfilm. Current Activity: For the period from January 1995 to December 1995 the Illinois FTIP system processed 190,055 applications; 188,029 were approved and 1,927 were disapproved. This represents a rejection rate of 1.01% ------------------------------------------ Indiana ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Indiana State Police. This agency is the CLEO. Additional Restrictions on Purchase: The state of Indiana does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Indiana places limitations on carrying handguns, including carrying a concealed handgun. Permits: Indiana does not require a permit to purchase a handgun. Handgun Registration: Handguns are voluntarily registered in Indiana. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, including sales by pawnshops and sales from one individual to another. Redemptions of handguns by their owner are treated as new sales. Restoration of Rights: The state of Indiana does allow a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the Indiana State Police. The dealer or applicant requests a check by submitting an application through the mail. The results of that check are sent back by phone. Information on the Application: Indiana's application contains the following data: name, address, race, sex, height, weight, hair color, eye color, date of birth, finger prints, occupation, scars, marks, and tattoos. Inquiry Process: Indiana has a 10 day waiting period. Fees Charged: Indiana does not charge a fee for the background check. State Data: Indiana has access to arrest data on its state computer network. This file is fully automated and contains 100% of the data that are available at the state level. Retention of Applications: Indiana does not keep approved applications. It keeps disapproved applications indefinitely. Current Activity: For the month of June 1995, Indiana processed 6,893 applications. 10 were disapproved. This represents a rejection rate of 0.15%. ---------------------------------------- Iowa ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Iowa Department of Public Safety. This agency is not a CLEO. The CLEOs in the state of Iowa are the 99 local sheriffs. Additional Restrictions on Purchase: In addition to the restrictions of the Brady act, the state prohibits the sale of handguns to anyone who has been convicted of domestic abuse or other serious assault; or has a history of repeated acts of violence. Limitations on Use: Iowa places limitations on carrying a handgun, carrying a concealed handgun, carrying a long gun and carrying a concealed long gun. Permits: Iowa requires an annually renewed permit to purchase a handgun. Handgun Registration: Handguns are not registered in Iowa. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered, as well as sales from one individual to another and sales by pawnshops. However, redemptions by the person who pawned the gun are not covered by State law. Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored through a pardon. Background Checks: A background check on the purchase of a handgun is done by the county sheriffs. The sheriff then issues a permit to purchase that is valid for one year. Information on the Application: Iowa's application contains the following data: name, address, date of birth, Social Security Number, date of request, date action taken, and action taken. Inquiry Process: Iowa has a minimum 3 day waiting period. Permits may not be issued without the check being competed. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: CLEOs have access to the following on the state computer network: 100% of wanted and warrant data, arrest data, and domestic abuse data. They also have access to some probation and parole and Juvenile data. In addition they also have access to manual files for illegal alien, mental health, and dishonorable discharge data. Retention of Applications: Iowa keeps the approved and rejected applications for up to 4 years. ----------------------------------------- Kansas ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Kansas Bureau of Investigation. This agency is not a CLEO as defined by the Brady Act. The CLEOs in the state of Kansas are the 123 local sheriff offices and police departments. Additional Restrictions on Purchase: The state of Kansas does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Kansas does place limitations on carrying handguns, including carrying a concealed firearm of any type. Permits: Kansas does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Kansas. Scope of Sales Covered: All sales by Federal Firearm licensees are covered by state law, as well as sales by pawnshops and from one individual to another. Restoration of Rights: The state of Kansas allows a convicted felon's right to own a handgun to be restored after 10 years (5 if it was a minor felony) unless the person was in possession of a firearm during the event or it was a drug offense. Background Checks: Background checks on purchases of handguns are done by local sheriffs and police departments. The dealer requests a check from the local sheriff or police department by sending the application to the CLEO via phone, in person, mail, fax, or certified mail. The results are sent back to the dealer. Information on the Application: Kansas does not provide for any additional data beyond that on the standard BATF form. Inquiry Process: This process usually takes less than 1 day. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Kansas makes arrest data available to each CLEO via its statewide law enforcement computer network. This file is about 20% automated. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ------------------------------------------ Kentucky ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Kentucky State Police. This agency is the CLEO as defined by the Brady Act. Additional Restrictions on Purchase: Kentucky does not place any restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Kentucky places limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on carrying a long gun or a concealed long gun. Permits: Kentucky does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by Brady. Restoration of Rights: The state does allow a felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns in Marshall, Ballard, and Callaway counties are performed by the county sheriff. Background checks throughout the rest of the Commonwealth are done by the state police. The dealer requests a check by mail, fax or certified mail. If the application is rejected the denial is telephoned to the dealer with only the message number from the background check response. The applicant will receive a denial letter stating the charge, contributing agency, date of arrest, and disposition, if available. Information on the Application: Kentucky requires that the Social Security Number be included on the standard BATF form. Inquiry Process: For applications which require no research, the background check normally takes less than 3 days. For those which require research, it may take up to 3 days. Fees Charged: There is no fee charged. State Data: Kentucky has access to the following data on its st ate computer network: wanted, warrant, arrest, and domestic abuse. The files are fully automated and contain 100% of the data that are available. Retention of Applications: As a Brady State, the CLEO keeps the approved applications for a maximum of 20 days. ----------------------------------------- Louisiana ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Louisiana State Police. This agency is not a CLEO as defined by the Brady Act. The CLEOs in the state are the 58 local sheriffs and the New Orleans Police Department. Additional Restrictions on Purchase: Louisiana does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: The state does place limitations on carrying concealed handguns. The state does not place any limitations on the use or acquisition of long guns. Permits: Louisiana does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Louisiana. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Louisiana allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local sheriffs. The dealer requests a check from the local sheriff by sending the application to the CLEO. Information on the Application: Louisiana does not provide for any additional data beyond that on the standard BATF form. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Louisiana makes arrest data available to each CLEO via its statewide computer network. This file is fully automated and contains 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ----------------------------------------- Maine ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Maine state Police. This agency and the 127 local police departments are CLEOs as defined by the Brady Act. Additional Restrictions on Purchase: The state of Maine does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations to Use: The state places restrictions on carrying handguns, including carrying a concealed handgun. These restrictions mainly deal with where a handgun can be carried. Permits: Maine does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Maine. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Maine allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local police department. The dealer requests a check from the local police department by sending the application to the CLEO. Information on the Application: Maine does not provide for any additional data beyond that on the standard BATF form. Inquiry Process: When performed by the state police, the process for approved applications is normally competed within 24 hours. Processing applications which are not approved normally takes less than 72 hours. Fees Charged: There are no state mandated fees. Any local fee charged is at the discretion of the local CLEO. State Data: Maine makes the following data available to each CLEO: wanted, warrant, arrest, and Department of Motor Vehicle information. The files are maintained manually and are accessed via teletype. Retention of Applications: As a Brady State the CLEO keeps approved applications for a maximum of 20 days. ----------------------------------------- Maryland ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Maryland Criminal Justice Information Center. This agency is the CLEO. Additional Restrictions on Purchase: The applicant must be a resident for 1 month, must not be habitually intoxicated, and not convicted of certain misdemeanors. Limitations on Use: Carrying a concealed handgun. Also limits carrying a long gun or a concealed long gun. Permits: Does not require a permit to purchase. Handgun Registration: Handguns are registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by law, as well as sales by pawnshops (however, redemptions by the person who pawned the gun are not covered by law). Private sales are not regulated. Restoration of Rights: Through a governor's pardon if more than 10 years have passed and no other events have occurred. Background Checks: The dealer requests a check by certified mail. Maryland has a minimum 7 day waiting period. Information on the Application: The state's application contains the following information: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security Number, occupation, date of request, date action taken, action taken, type of weapon, make, model, and serial number of the weapon. Inquiry Process: For applications which require no research the background check process normally takes less than 5 days. For those which do require research it normally takes less than 1 month. Fees Charged: Maryland charges $10.00 for the background check. State Data: Maryland has access to wanted, warrant, arrest, and probation and parole data. The arrest, wanted, and warrant files are fully automated and contain 100% of the data available at the state level. Retention of Applications: Maryland keeps approved applications indefinitely and disapproved applications for 3 years. Current Activity: For the year 1995 Maryland processed 32,608 applications. 360 were disapproved. This represents a rejection rate of 1.10%. ----------------------------------------- Massachusetts ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Massachusetts Department of Public Safety. This agency is not a CLEO. The CLEOs in the state of Massachusetts are the 270 local police departments. Additional Restrictions on Purchase: The applicant must be able to satisfy the local CLEO that the applicant has a both a proper purpose for purchasing the gun and that they are a suitable person. Limitations: Massachusetts places restrictions on carrying handguns and on carrying long guns. Permits: The state requires a permit to purchase a handgun. It is called a Firearm Identification Card (FID). Handgun Registration: Handguns which are purchased in the state are registered in Massachusetts. Person's moving into the state who own handguns must notify the state that they are doing so. Scope of Sales Covered: In addition to those sales covered by the Brady Act, Massachusetts regulates the transfer of handguns to anyone. Handguns cannot be pawned in Massachusetts. Restoration of Rights: A convicted felon's right to own a handgun can be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local police departments. The applicant contacts the local police department to obtain the permit. The CLEO has 40 days to process the application for the permit. Information on the Application: The application contains the following data: name, address, phone, place of birth, business address, employer, occupation, build, complexion, eye color, hair color, height, weight, date of birth, Social Security Number, mother's maiden name, fathers name, applicant's other names, fingerprints, photograph, and references. Fees Charged: Massachusetts charges $20. State Data: Massachusetts provides the following data on its state computer network: wanted, warrant, arrest, probation and parole, and juvenile. The files are fully automated and contain 100% of the data that are available at the state level. In addition, manual files are kept on mental health data. Retention of Applications: Massachusetts keeps the copy indefinitely. --------------------------------------- Michigan -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Michigan State Police. The CLEOs are the 625 local sheriff offices and police departments. Additional Restrictions on Purchase: The following court dispositions and orders will prohibit the purchase and possession of firearms. Orders of: (1) conditional bond release; (2) not guilty by reason of insanity; (3) legal guardianship; (4) involuntary hospitalization or treatment for mental illness; ( 5) personal protection (includes domestic violence, stalking, and divorce injunctions); and (6) conditional bond release. Limitations on Use: Michigan limits carrying concealed handguns and carrying handguns in certain areas. Permits: Yes, required. Handgun Registration: Required. Scope of Sales Covered: Federal Firearm Licensees and private individuals (including gifts and loans). Handguns cannot be pawned. Restoration of Rights: Felons may have their rights restored 5 years after completion of their sentence for violent offenses through review by the local county concealed weapons licensing board. Felons convicted of non-violent offenses may regain their rights 3 years after completion of their sentence. Background Checks: Michigan has an instant check system. The applicant applies in person. Information on the Application: Name, address, race, sex, height, hair color, eye color, date of birth, and date the license to purchase is issued. At the time of registration the make, caliber, type, model and serial number of weapon is obtained. Inquiry Process: For applications not needing research, non automated agencies normally take less than 1 hour. Automated agencies take less than 5 minutes. Applications requiring research normally take less than 5 days. Fees Charged: At local discretion, but not over $5.00. State Data: The following data are available to each CLEO: wanted, warrant, arrest, juvenile (if reportable to the state), and probation and parole. The files are fully automated. Some Corrections data are also available. Retention of Applications: Approved applications for 6 years and disapproved applications indefinitely. Current Activity: 201,797 applications were processed in 1995 and 1,696 were disapproved; a rejection rate of 0.84%. ----------------------------------------- Minnesota ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Minnesota Department of Public Safety. This agency is not a CLEO. The CLEOs are the 568 local sheriff offices and police departments. Additional Restrictions on Purchase: The state of Minnesota does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations: Minnesota requires a permit to carry a handgun. Permits: Minnesota does require a permit to purchase a handgun. It is good for one year. Handgun Registration: Handguns are not registered in Minnesota. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Minnesota does not allow a convicted felon's right to own a handgun to be restored. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The individual requests a permit from the local sheriff or police department; If approved a one year permit is issued. Information on the Application: Minnesota's application contains the following data: name, address, phone number, height, weight, hair color, date of birth. An Identification with a color photo is also required to be shown. Inquiry Process: The CLEO has 7 days in which to complete the background check. If the application is rejected a letter is sent to the applicant explaining why. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Minnesota makes the following data available to each CLEO via its statewide computer network: wants, warrants, and criminal history. The files are fully automated and contain 100% of the data that are available at the state level. The local CLEOs can also check manual files that contain information on mental health and chemical dependancy. Retention of Applications: There are no state laws regarding retention of applications in Minnesota. ----------------------------------------- Mississippi ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Mississippi Department of Public Safety. This agency is a CLEO as defined by Brady. The CLEOs in the state of Mississippi are the 262 local sheriff offices and police departments and for some unincorporated areas the State Police. Additional Restrictions on Purchase: Mississippi does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Mississippi does place limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on carrying a long gun. Permits: Mississippi does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Mississippi. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored in some circumstances. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency by sending the application to the CLEO in person or via mail, fax or certified mail. The results of that check are sent back to the dealer. Information on the Application: Mississippi does not provide for any additional data beyond that on the standard BATF form. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the CLEO. State Data: Mississippi does not have any automated state files that are available to the local CLEOs. Mississippi does have an automated message switch that allows local CLEOs to access the National Crime Information Center (NCIC) and the Interstate Identification Index (III). Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ------------------------------------------ Missouri ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Missouri State Highway Patrol. This agency is not a CLEO. The CLEOs in the state of Missouri are the 114 local sheriff offices and the St Louis police department. Additional Restrictions on Purchase: In addition to the Brady Act requirements, the state of Missouri prevents handguns from being purchased if the applicant is guilty of a misdemeanor that involves explosives or firearms. Limitations on Use: Missouri limits carrying handguns, including carrying a concealed handgun. It also places limits on the carrying of a long gun or a concealed long gun. It also limits their use in certain areas such as churches and schools. Permits: Missouri does require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Missouri. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, as well as sales by pawnshops (and redemptions by the person who pawned the gun) and sales from one individual to another. Restoration of Rights: The state does allow a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and the St Louis police department. The applicant requests a permit by applying in person. Information on the Application: Missouri's application contains the following data: name, address, height, hair color, eye color, date of birth, Social Security Number, occupation, date of request, date action taken, reason for rejection, type of weapon, make, model, and serial number of weapon. Fees Charged: Missouri charges $10.00 for the Background check. State Data: Missouri makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, and probation and parole. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: The local CLEO keeps the applications indefinitely. --------------------------------------- Montana -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Montana Department of Justice. This agency is not a CLEO as defined by the Brady Act. The CLEOs in the state of Montana are the 59 local sheriff offices and police departments. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Montana does place limitations on carrying concealed handguns or long gun. Permits: Montana does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Montana. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Montana allows a convicted felon's right to own a handgun to be restored automatically except for certain offenses. Information on the Application: Montana does not provide for any additional data beyond that on the standard BATF form. Fees Charged: There are no mandated fees. Any fee is at the discretion of the CLEO. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency by sending the application to the CLEO. The results of that check are sent back to the dealer. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. Statistics Maintained: Montana maintains statistics on, or can identify, events which involved homicides. State Data: Montana makes the following data available to each CLEO via its statewide computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available at the state level. Current Activity: For selected cities from March 1994 to July 1995, Montana processed 22,040 applications. 167 were disapproved. This is a 0.75% rejection rate. ----------------------------------------- Nebraska ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Nebraska State Patrol. This agency is not a CLEO. The CLEOs in Nebraska are the 93 local sheriff offices and the Lincoln and Omaha police departments. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Nebraska places limitations on the use of handguns and the use or acquisition of long guns. Permits: Nebraska requires a permit to purchase a handgun. This permit can be used for up to 3 years. Handgun Registration: Handguns are not registered in Nebraska. Scope of Sales Covered: All sales by Federal Firearm licensees are covered by state law. However sales by pawnshops are not covered by State law. Restoration of Rights: The state of Nebraska does not allow a felon's right to own a handgun to be restored. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency by sending the application to the CLEO in person, via mail or fax. The results are sent back by mail or fax. Information on the Application: The application contains the following data: name, address, race, sex, height, weight, hair color, date of birth, Social Security Number, date of request, date action taken, action taken, type of weapon, make, model, and serial number. Inquiry Process: For applications which require no research the process normally takes less than 1 day. For those which do require research it normally takes less than 2 days. Fees Charged: Nebraska charges $5.00 for the Background check. State Data: Nebraska makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, and probation and parole. The files are automated and contain 75% of the data that are available at the state level. Statistics Maintained: Nebraska maintains statistics on, or can identify events, which involved drugs, homicides, assaults, or the murder or assault of a police officer. ----------------------------------------- Nevada ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Nevada Highway Patrol. This agency is the CLEO as defined by the Brady Act. Additional Restrictions on Purchase: The state of Nevada does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: Nevada does place limitations on carrying handguns. Permits: Nevada does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Nevada except in Clark County (Las Vegas). Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Nevada does allow a convicted felon's right to own a handgun to be restored if honorably discharged from probation and court approves and the governor pardons with firearm rights restored. Background Checks: Nevada has an instant check system. Background checks on purchases of handguns are done by Nevada Highway Patrol. The dealer requests a check using a 1-800 number or regular phone. If it is not rejected the 5 day waiting period is allowed to expire and the person has the right to purchase the handgun. Information on the Application: Nevada does not provide for any additional data beyond that on the standard BATF form. Inquiry Process: For applications which require no research, the background check process normally takes less than 5 minutes. For those requiring research, it normally takes less than 3 days. Fees Charged: Nevada charges $15.00 for the background check. State Data: Nevada has access to the following data on its state computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State, the CLEO keeps the approved applications for a maximum of 20 days. Current Activity: For the period from March of 1994 to December of 1995 Nevada processed 61,052 applications. There were 1,325 disapproved. This represents a rejection rate of 2.17%. ----------------------------------------- New Hampshire ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the New Hampshire State Police. This agency is the CLEO. Additional Restrictions on Purchase: The state prohibits sales to those people who are guilty of a felony against the person or the property of another, to certain drug violations, or to anyone who has an active warrant or protective order in effect. Limitations on Use: New Hampshire does place limitations on carrying handguns. It does not place any limitations on the use or acquisition of long guns. Permits: New Hampshire does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in New Hampshire. Scope of Sales Covered: All sales by Federal Firearm licensees are covered by state law, as well as sales from one individual to another and by pawnshops; however redemptions by the person who pawned the gun are not covered by State law. Restoration of Rights: The state of New Hampshire does not allow a convicted felon's right to own a handgun to be restored. Background Checks: The state has an instant check system. Background checks are done by the New Hampshire Department of Public Safety. The dealer requests a check by using a 1-900 number. Information on the Application: New Hampshire's application contains the following data: name, race, sex, date of birth, Social Security Number and/or driver's license, date of request, date action taken, and action taken. Inquiry Process: For applications which require no research the background check process normally takes less than 5 minutes. For those which do require research it normally takes less than 4 hours. Fees Charged: New Hampshire charges $7.00 for the check. State Data: New Hampshire has access to the following data on its state computer network: wanted, warrant, arrest, and domestic abuse. Retention of Applications: New Hampshire keeps approved applications for 20 days and disapproved applications for 3 years. Current Activity: From January of 1995 to May of 1995 5,794 applications were processed and 39 were disapproved. This represents a rejection rate of 0.67%. ----------------------------------------- New Jersey ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the New Jersey State Police. This agency is a CLEO for some of the unincorporated areas. Generally, the CLEOs are the 489 local police departments. Additional Restrictions on Purchase: The state places the following additional restriction on the purchase of handguns beyond those required in the Brady Act. The person must not be habitually intoxicated. Limitations on Use: New Jersey places limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on carrying long guns. Permits: New Jersey requires a permit to purchase a handgun. It is valid for 90 days. Handgun Registration: Handguns are registered in New Jersey at the time of purchase. Scope of Sales Covered: All sales by Federal Firearm Licensees and sales from one individual to another are covered by state law. Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored if the criminal record is expunged. Background Checks: Background checks are done by the State Police and full-time municipal police departments. Information on the Application: New Jersey's application contains the: name, address, date of birth, place of birth, sex, citizenship, Social Security Number, height, hair, eyes, complexion, distinguishing physical characteristics, occupation, name and address of employer, questions relating to criminal and disorderly person convictions, whether firearms permits have been previously denied, alcohol/drug use questions, physical defects/sickness, mental psychiatric conditions or treatment, and court order information with reference to domextic violence. Also included are the signature of the applicant, date of the application, and two referrals. Initial applicants are required to be fingerprinted. Inquiry Process: For applications requiring no research the background check takes less than 1 month. For those which do require research it normally takes less than 6 months. Fees Charged: Fingerprint fees are $49.00. Fees for each permit to purchase a handgun are $2.00, and $5.00 for a firearms purchaser identification card. for rifles and shotguns. State Data: New Jersey makes the following data available to each CLEO: wanted, warrant, arrest probation and parole, mental health, and domestic abuse. The files are fully automated and contain 100% of the data that are available (except for domestic abuse, which has about 50% of the data). Retention of Applications: New Jersey keeps all applications indefinitely. ----------------------------------------- New Mexico ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the New Mexico Department of Public Safety. This agency is not a CLEO as defined by the Brady Act. The CLEOs in the state of New Mexico are the 111 local sheriff offices and police departments, and for some unincorporated areas the State Police. Additional Restrictions on Purchase: The state of New Mexico does not place any additional restrictions on the purchase of handguns besides those required in the Brady Act. Limitations on Use: New Mexico places limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on carrying a concealed long gun. Permits: New Mexico does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in New Mexico. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of New Mexico does allow a convicted felon's right to own a handgun to be restored upon a pardon by the governor. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local sheriff or police department. The results of that check are sent back to the dealer. Information on the Application: The state does not provide for any additional data beyond that on the standard BATF form. Inquiry Process: For applications which require no research the background check process normally takes less than 2 days. For those which do require research it normally takes less than 5 days. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO, which varies $0 to $20. State Data: New Mexico makes Arrest data available to the CLEOs. This file is manual. A request to search it is made by teletype fro the CLEO. Retention of Applications: As a Brady State, the CLEO keeps the approved applications for a maximum of 20 days. ----------------------------------------- New York ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the New York State Division of Criminal Justice Services. This agency is not a CLEO. The CLEOs in the state of New York are the 58 local county judges. Applications are made to the county sheriff or police department. Additional Restrictions on Purchase: The state of New York does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations: New York does place restrictions on the use of handguns. It is at the discretion of the licensing judge. Permits: New York requires a permit to purchase a handgun. Handgun Registration: Handguns are registered in New York. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, as well as sales by pawnshops and redemptions by the person who pawned the gun. Restoration of Rights: The state of New York may authorize a convicted felon's right to own a handgun to be restored. This procedure requires a court order. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The applicant requests a permit by applying in person. Information on the Application: New York's application contains the following data: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security Number, finger prints, business address, occupation, character references, date of request, date action taken, action taken, reason for rejection, type of weapon, make, model, and serial number of the weapon. Inquiry Process: New York state law allows up to 6 months to process the application. Fees Charged: New York's fees vary by county, but are at least $74.00. State Data: Local CLEOs perform checks at the local level and then forward the application to the state. The state of New York makes its checks using the applicant's fingerprints. ----------------------------------------- North Carolina ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the North Carolina Bureau of Investigation. This agency is not a CLEO. The CLEOs in the state of North Carolina are the 98 local sheriff offices and police departments. Additional Restrictions on Purchase: The applicant must not be habitually intoxicated, lack good moral character, or be prohibited under the state firearms act. Limitations: The state places restrictions on carrying handguns, including carrying a concealed handgun. It also places restrictions on long guns. Permits: North Carolina requires a permit to purchase a handgun. Handgun Registration: Handguns are not registered in North Carolina. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, as well as sales by pawnshops and sales from one individual to another. However redemptions by the person who pawned the gun are not covered by state law. Restoration of Rights: The state allows a felon's right to own a handgun to be restored automatically after 5 years. Background Checks: Checks on purchases of handguns are done by the local sheriffs and police departments. The dealer contacts the CLEO in person. Fees Charged: A $5.00 fee is charged. Information on the Application: The exact fields that are on the application vary from county to county and are at the discretion of the county sheriff or police department. Most CLEOs require an extensive list of information. Inquiry Process: The applicant applies to the local CLEO for the permit. Once the CLEO has completed the check the permit is issued to the applicant who takes it to the dealer. State Data: North Carolina makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, probation and parole, court data, and Department of Motor Vehicle data. These files are fully automated and contain 100% of the data that are available at the state level. Data on domestic violence should be available shortly. Retention of Applications: The local CLEOs in the state of North Carolina retain the applications indefinitely. ----------------------------------------- North Dakota ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the North Dakota Bureau of Criminal Investigation. This agency is not a CLEO as defined by Brady. The CLEOs in the state of North Dakota are the 53 local sheriffs. Additional Restrictions on Purchase: In addition to the Brady Act requirements, the state prevents handguns from being purchased if the applicant is guilty of a class A misdemeanor involving violence or intimidation, or is committed for using a firearm or dangerous weapon. Limitations on Use: Limitations are placed on carrying handguns, including carrying a concealed handgun, as well as on the carrying of a long gun or a concealed long gun. Permits: North Dakota does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in North Dakota. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of North Dakota does allow a convicted felon's right to own a handgun to be restored after 5 or 10 years, depending on the type of felony offense. Background Checks: Background checks on purchases of handguns are done by the local sheriff departments. The dealer requests a check from the department by sending the application to the CLEO in person, via regular mail or certified mail. The results of that check are sent back to the dealer. Information on the Application: North Dakota does not provide for any additional data beyond that on the standard BATF form. Fees Charged: Local CLEOs are allowed to charge up to $10.00 for the background check. State Data: North Dakota makes the following data available to each CLEO via its statewide computer network: wanted, warrant (of which about 50% is automated), and arrest data (of which about 75% is automated). Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ------------------------------------------ Ohio ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Ohio Bureau of Criminal Identification and Investigation. This agency is the CLEO as defined by the Brady Act. Additional Restrictions on Purchase: The state of Ohio does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Ohio does place limitations on carrying handguns, including carrying a concealed handgun. Permits: Ohio does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Ohio. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Ohio does not allow a convicted felon's right to own a handgun to be restored. Background Checks: Background checks on purchases of handguns are done by the Ohio Bureau of Criminal Identification and Investigation. The dealer requests a check by using a 1-900 number. The only time the dealer is notified of the results, is if there is a disapproval. Otherwise, the dealer can release the handgun on the transfer date given when the dealer makes the initial call. Information on the Application: Ohio's application contains the following data: name, address, sex, height, weight, date of birth, Social Security Number, state Identification or driver's license number, and the date of request. Inquiry Process: For applications which require no research the background check process normally takes less than 15 minutes. For those which do require research it normally takes less than 3 days. Fees Charged: Ohio charges $15.00 for the background check. State Data: Ohio has access to the following data on its computer network: wanted, warrant, arrest, and probation and parole. The files are fully automated and contain 100% of the data that are available at the state level. Ohio is planning to install an instant check system. Retention of Applications: As a Brady State Ohio keeps the approved applications for a maximum of 20 days and the rejected applications indefinitely. Current Activity: From January 1994 to December of 1995, Ohio processed 119,564 applications. There were 651 disapproved. This represents a rejection rate of 0.54%. ----------------------------------------- Oklahoma ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Oklahoma State Bureau of Investigation. This agency is not a CLEO as defined by Brady. The CLEOs in the state are the 440 local sheriff offices and police departments. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Oklahoma does place restrictions on carrying handguns, including carrying a concealed handgun. Permits: Oklahoma does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Oklahoma. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Oklahoma does allow a convicted felon's right to own a handgun to be restored if they were convicted of a non violent offense and received a complete pardon from the proper authority. Background Checks: Background checks on purchase of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency and the results of that check are sent back to the dealer. Information on the Application: Oklahoma does not provide for any additional data beyond that on the standard BATF form. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Oklahoma makes arrest data available to each CLEO via its statewide computer network: This file is fully automated and contains 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. Current Activity: Preliminary results from selected municipalities and counties for Oklahoma show that from March 1994 to July 1995 there were 10,860 applications received and 289 rejected. This is a rejection rate of 2.66%. ----------------------------------------- Oregon ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Oregon State Police. This agency is not a CLEO. The CLEOs in the state of Oregon are the 208 local sheriff offices and police departments. Additional Restrictions on Purchase: The state places additional restrictions on the purchase of handguns. It prevents applicants convicted of any of the following kinds of misdemeanors from purchasing a handgun: domestic abuse, threatening a public safety officer, racially motivated menacing, or weapons violations. Limitations: Oregon does place limitations on carrying handguns. Permits: Oregon does not require a permit to purchase a handgun, but does require one for a concealed handgun. Handgun Registration: Handguns are not registered in Oregon. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the CLEO. Information on the Application: Oregon's application contains the same basic information as the federal form supplied by BATF. In addition it requires a thumb print. Inquiry Process: The applicant fills out a three part form. One part stays with the dealer, one part goes to the local CLEO, and the third part with the thumb print goes to the state. The state has 10 days in which to complete the background check and return the results to the CLEO. The CLEO has 5 additional days to complete its check and make a decision. On July 1, 1996 Oregon plans to go to an instant check system. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Oregon makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, probation and parole, and mental health. The files are fully automated and contain 100% of the data that are available at the state level. Local CLEOs also have some access to mental health records. Retention of Applications: The local CLEO keeps the applications on file for 5 years. -------------------------------------- Pennsylvania -------------------------------------- SOURCE OF INFORMATION: This information was provided by the Pennsylvania State Police. This agency is not a CLEO. The CLEOs in the state are the 66 local sheriffs and the Philadelphia police department. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Pennsylvania places limitations on carrying concealed handguns or carrying handguns in a first class city. Permits: Pennsylvania does not require a permit to purchase a handgun. Handgun Registration: A record is required to be sent to the Pennsylvania State Police on all sales of handguns except wholesale sales. Scope of Sales Covered: The sale of all handguns is regulated in Pennsylvania. Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and the Philadelphia police department. The dealer requests a check from the local agency by sending the application to the CLEO. Information on the Application: The application contains the following data: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security Number, occupation, date of request, and weapon make, model, serial number, caliber, and length of barrel. Inquiry Process: Pennsylvania has a 48 hour minimum and maximum waiting period during which the background check must take place. Fees Charged: There is a $3.00 state mandated fee on retail gun sales. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. State Data: The following data are made available to each CLEO via the statewide computer network: arrest. and probation and parole. The files are automated and contain more than 50% of the data that are available at the state level. Statistics Maintained: The state maintains statistics on, or can identify, events which involved a handgun used in a homicide, all weapons involved in an assault, and the murder or assault of a police officer. ----------------------------------------- Rhode Island ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Rhode Island Department of the Attorney General. This agency is not a CLEO as defined by Brady. The CLEOs in the state of Rhode Island are the 39 local police departments. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations: Rhode Island does place restrictions on carrying handguns, including carrying a concealed handgun. It also places restrictions on the carrying a long gun or a concealed long gun. Permits: Rhode Island does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Rhode Island. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Rhode Island does allow a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local police departments. The dealer requests a check from the police department by sending the application to the CLEO. The results of that check are sent back to the dealer. Information on the Application: Rhode Island's application contains the following data: name, address, sex, height, weight, date of birth, and Social Security Number. Inquiry Process: Most CLEOs in Rhode Island complete the background check within 5 days. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Rhode Island makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, and probation and parole. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ----------------------------------------- South Carolina ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the South Carolina Law Enforcement Division. This agency is the CLEO. Additional Restrictions on Purchase: The applicant must not be habitually intoxicated, or indicted, arraigned, or convicted of a misdemeanor with over a two year sentence or felony with over a 1 year sentence. Limitations on Use: The state places limitations on carrying handguns, including carrying a concealed handgun. Permits: Required for concealed handguns. Handgun Registration: Handguns are not registered. Scope of Sales Covered: The state licenses all handgun dealers. This covers all sales, including sales by pawnshops; however redemptions by the person who pawned the gun are not covered. Restoration of Rights: The state allows a felon's right to own a handgun to be restored if the person receives a pardon or an expungement for the conviction. Background Checks: South Carolina has an instant check system. Background checks on purchases of handguns are done by the South Carolina Law Enforcement Division. The dealer requests a check by a 1-800 number. Information on the Application: The application contains the following data: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security Number, fingerprints, business address, occupation, date of request, date action taken, action taken, type of weapon, make, model, and serial number of the weapon. Inquiry Process: For applications which require no research, the process normally takes less than 5 minutes. For those which require research, it normally takes less than 15 minutes. Fees Charged: A $5.00 fee is charged. State Data: Wanted data, criminal history data, and 30-day one handgun purchase data. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: South Carolina keeps approved applications for 20 days and rejected applications indefinitely. Current Activity: For the month of September, 1995 South Carolina processed 4,339 applications. There were 150 disapproved. This represents a rejection rate of 3.46%. ----------------------------------------- South Dakota ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the South Dakota Attorney General's Office. This agency is not a CLEO. The CLEOs in the state are the 66 local sheriffs. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations: South Dakota does place restrictions on carrying concealed handguns. Permits: South Dakota does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in South Dakota. Scope of Sales Covered: The only sales of handguns that are regulate d in the State are those covered by the Brady Act. Restoration of Rights: The state of South Dakota does allow a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local sheriffs. The dealer requests a check from the local sheriff. The results of that check are sent back to the dealer. Information on the Application: South Dakota does not provide for any additional data beyond that on the standard BATF form. Inquiry Process: While exact numbers are not available, the background check process normally takes less than two days for most CLEOs. Fees Charged: There are no state mandated fees any fee charged is at the discretion of the local CLEO. State Data: South Dakota makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, probation and parole, and protective orders, The driver's history file is also available to check. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ------------------------------------------ Tennessee ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Tennessee Bureau of Investigation. This agency is not a CLEO. The CLEOs in Tennessee are the 95 local sheriffs and the Nashville Metro police department. Additional Restrictions on Purchase: The state places restrictions on the purchase of handguns beyond those required in the Brady Act. It prevents people who are addicted to or have been convicted of selling alcoholic beverages from buying a gun. Limitations: Tennessee places restrictions on carrying handguns. Permits for Handgun Purchase: Not required. Handgun Registration: Not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law as well as sales by pawnshops, redemptions, and sales from one person to another. Restoration of Rights: The state of Tennessee does not allow a felon's right to own a handgun to be restored. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and the Nashville Metro police department. The dealer requests a check by sending the application to the CLEO in person, via mail or fax. The state has a 15 day waiting period. Information on the Application: Tennessee's application contains the following data: name, address, race, sex, height, weight, eye color, hair color, date of birth, Social Security Number, fingerprint(s), business address, occupation, previous names, previous addresses, scars, marks and tattoos, date of request, date action taken, action taken, type of weapon, make, model, and serial number of weapon. Inquiry Process: For applications which require no research, the background check process normally takes less than 5 days. For those which require research, it normally takes less than 2 weeks. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Tennessee makes arrest and domestic abuse data available to each CLEO through the state Law Enforcement Communications network. Retention of Applications: Local CLEOs keep the approved applications for less than 20 days. ----------------------------------------- Texas ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Texas Department of Public Safety. This agency is not a CLEO. The CLEOs are the 991 local sheriff offices and police departments. Additional Restrictions on Purchase: The state of Texas does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Texas does place restrictions on carrying handguns. It restricts the location where they can be carried or used. Permits: Texas does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Texas. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: Texas does allow a convicted felon's right to own a handgun to be restored in some circumstances. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency by sending the application to the CLEO. The results of that check are sent back to the dealer. Information on the Application: Texas does not provide for any additional data beyond that on the standard BATF form. Inquiry Process: As a Brady state CLEOs in Texas have up to 5 days in which to perform the background check. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Texas makes the following data available to each CLEO via its statewide computer network: wanted, warrant, arrest, and probation and parole. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ----------------------------------------- Utah ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Utah Bureau of Criminal Identification. This agency is the CLEO. Additional Restrictions on Purchase: Utah does not place any restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Utah does place limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on the use of dangerous weapons around a school, threatening or using it in a fight or quarrel, or carrying it in a vehicle. Permits: Utah does not require a permit to purchase a handgun. Handgun Registration: Not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, as well as sales by pawnshops (including redemptions). Restoration of Rights: Utah does not allow a convicted felon's right to own a handgun to be restored. Background Checks: Utah has an instant check system. The dealer requests a check by using a 1-800 number or regular phone. The results of that check are sent back to the dealer using the same method. If it is not rejected, the 5 day waiting period is allowed to expire and the handgun can be purchased. Information on the Application: Utah's application contains data on: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security Number, date of request, and action taken. Inquiry Process: For applications which require no research the background check process normally takes less than 5 minutes. For those which do require research it normally takes less than 5 days. Fees Charged: Utah charges $5.00. State Data: Utah has access to the following data on its state computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available. Utah is creating an automated domestic abuse file. Retention of Applications: The CLEO keeps the approved applications for a maximum of 20 days. The rejected applications are kept for 1 year. Current Activity: From March of 1994 to May of 1995 Utah processed 43,133 applications. 750 were disapproved. This represents a rejection rate of 1.74%. ----------------------------------------- Vermont ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Vermont Department of Public Safety. The CLEOs are the 21 local sheriff offices and police departments, and for some unincorporated areas the Vermont State Police. Additional Restrictions on Purchase: The state of Vermont does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Vermont does not place limitations on carrying handguns. Permits: Vermont does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of Vermont does not allow a convicted felon's right to own a handgun to be restored. Background Checks: The dealer requests a background check from the local sheriff and police departments by fax or certified mail and Vermont responds by fax, mail or telephone. Information on the Application: Vermont does not provide for any additional data beyond that on the BATF form. Inquiry Process: For applications which require no research the background check process normally takes less than 2 days. For those which do require research it normally takes less than 4 days. Fees Charged: Vermont does not charge a fee for the background check. State Data: Vermont has access to the following data on its state computer network: wanted, warrant, arrest, probation and parole, domestic abuse, dishonorable discharge, and Illegal alien. The files contain 100% of the data that are available at the state level. The wanted, warrant, and domestic abuse files are automated. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. Current Activity: Preliminary results from selected municipalities and counties for the period March 1994 to Jan 1996 show a rejection rate of about 2.06% ----------------------------------------- Virginia ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Virginia State Police. This agency is the CLEO. Additional Restrictions on Purchase: A person cannot purchase more than 1 handgun every 30 days unless authorized by the State Police. Limitations on Use: Virginia does place limitations on carrying concealed handguns. Permits: Virginia does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Virginia. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, as well as sales by pawnshops (however redemptions by the person who pawned the gun if redeemed within the bailment period are not covered by State law). Restoration of Rights: Rights are restored by the state circuit court and all of the applicant's civil rights are restored by the governor. Background Checks: Virginia has an instant check system. The dealer requests a check by using a 1-800 number or by mail. In addition to the toll-free number, some high-volume dealers have direct access to the Firearms Transaction Program through a terminal. The results of the check are sent back to the dealer using the same methods. Information on the Application: Virginia's application contains the following data: name, address, race, sex, height, weight, date of birth, and Social Security Number. Inquiry Process: For applications without disqualifiers or which require no research, the background check process takes less than 2 minutes. Illegal attempts to purchase firearms are investigated with prosecution pursued in every incident when evidence is sufficient for such prosecution. Fees Charged: A $2.00 fee is charged. State Data: Virginia accesses the following data: wanted, warrant, capias, protective orders, and 30-day file for purchases. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: Virginia keeps the approved applications for 30 days and the disapproved applications for 2 years. Current Activity: For 1994 and 1995, Virginia processed 421,524 applications. 3,351 were disapproved. This represents a rejection rate of 0.80%. ----------------------------------------- Washington ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Washington State Patrol. This agency is not a CLEO. The CLEOs are the 291 local sheriffs and police departments. Additional Restrictions on Purchase: The state places additional restrictions on the purchase of handguns beyond those required in the Brady Act. The applicant must not be habitually intoxicated or guilty of domestic abuse or harassment. Limitations on Use: The state places limitations on carrying handguns, including carrying a concealed handgun. It also places limitations on the purchase or carrying of a long gun or a concealed long gun. Permits: Not required to purchase a handgun. Handgun Registration: Not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law, as well as sales by pawnshops (however redemptions by the person who pawned the gun are not covered). Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored by petition of the court of record or governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency by sending the application to the CLEO in person, via mail, fax or certified mail. Information on the Application: Washington's application contains the following data: name, address, race, sex, height, weight, hair color, eye color, date of birth, Social Security Number, date of request, type of weapon, make, model,and serial number of weapon. Fees Charged: The state does not charge a fee for the background check. State Data: Washington makes the following data available to each CLEO via its statewide computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. ----------------------------------------- West Virginia ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the West Virginia State Police. This agency is the CLEO as defined by the Brady Act. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns. Limitations on Use: West Virginia does place limitations on carrying concealed handgun. It also places limitations on the purchasing or carrying of a long gun. Permits: West Virginia does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in West Virginia. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state of West Virginia does not allow a convicted felon's right to own a handgun to be restored. Background Checks: The dealer requests a check from the regional center in West Virginia via fax. The results of that check are sent back to the dealer. Information on the Application: West Virginia's application contains the following data: name, date of birth, Social Security Number, date of request, date action taken, action taken, type of weapon, make, model. and serial number of weapon. Inquiry Process: For applications which require no research the background check process normally takes less than 5 days. For those which do require research it also takes less than 5 days. Fees Charged: West Virginia does not charge a fee for the background check. State Data: West Virginia has access to the following data on its state computer network: wanted, warrant, and arrest. The files are fully automated and contain 100% of the data that are available at the state level. West Virginia also has some domestic abuse data that are kept manually. Retention of Applications: As a Brady State West Virginia keeps the approved applications for a maximum of 20 days. ----------------------------------------- Wisconsin ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Wisconsin Department of Justice. This agency is the CLEO. Additional Restrictions on Purchase: The state does not place any additional restrictions on the purchase of handguns. Limitations on Use: Wisconsin places limitations on carrying handguns or concealed handguns. It also places limitations on storage, transportation, pointing at another person, endangering the safety, and possession by a minor. It places similar limitations on the purchase or carrying of long guns. Permits: Wisconsin does not require a permit to purchase a handgun. Handgun Registration: Not registered. Scope of Sales Covered: All sales by Federal Firearm Licensees are covered by state law as well as sales by pawnshops (however redemptions by the person who pawned the gun are not covered). Restoration of Rights: Requires a pardon from the governor. Background Checks: Wisconsin has an instant check system. Background checks on purchases of handguns are done by the Wisconsin Department of Justice. The dealer requests a check from it by using a 1-800 number. Wisconsin has a 48 hour minimum waiting period. Information on the Application: The state's application contains the following data: name, address, race, sex, height, weight, date of birth, hair color, eye color, previous names, date of request, date action taken, and action taken. Inquiry Process: For applications which require no research the background check process normally takes less than 2 minutes. For those which do require research it normally takes less than 1 day. Fees Charged: Wisconsin charges $8.00. State Data: Wisconsin has access to the following data on its state computer network: wanted, warrant, arrest, juvenile, and mental health. The files are fully automated. Probation and parole data are kept manually. The wanted, warrant, arrest, and probation and parole files have 100% of the data that are available at the state level. Domestic abuse data will be available shortly. Retention of Applications: Wisconsin keeps the approved applications for 30 days and the disapproved applications indefinitely. ----------------------------------------- Wyoming ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Wyoming Attorney General. This agency is not a CLEO as defined by the Brady Act. The CLEOs in the state of Wyoming are the 40 local sheriff offices and police departments. Additional Restrictions on Purchase: The state of Wyoming does not place any additional restrictions on the purchase of handguns beyond those required in the Brady Act. Limitations on Use: Wyoming does place restrictions on carrying concealed handguns. It does not place any restrictions on the use or acquisition of long guns. Permits: Wyoming does not require a permit to purchase a handgun. Handgun Registration: Handguns are not registered in Wyoming. Scope of Sales Covered: The only sales of handguns that are regulated in the State are those covered by the Brady Act. Restoration of Rights: The state allows a convicted felon's right to own a handgun to be restored through a governor's pardon. Background Checks: Background checks on purchases of handguns are done by the local sheriffs and police departments. The dealer requests a check from the local agency. The results of that check are sent back to the dealer. Information on the Application: Wyoming does not provide for any additional data beyond that on the standard BATF form. Fees Charged: There are no state mandated fees. Any fee charged is at the discretion of the local CLEO. State Data: Wyoming makes the following data available to each CLEO via its statewide computer network: wanted, warrant (Felony and Misdemeanor), and arrest. The files are fully automated and contain 100% of the data that are available at the state level. Retention of Applications: As a Brady State the local CLEO keeps the approved applications for a maximum of 20 days. Current Activity: For the period of February 1994 thru January 1996, Wyoming processed 17,587 applications. There were 350 disapproved. This represents a rejection rate of 1.99%. ----------------------------------------- American Samoa ----------------------------------------- SOURCE OF INFORMATION: This information was provided by the American Samoa Department of Public Safety. Additional Restrictions on Purchase: The territory of American Samoa does not allow handguns on the island. Even local police officers do not carry handguns. A person's baggage is checked when they arrive, but some handguns do escape detection. Shotguns and .22 caliber rifles are allowed. Limitations: See above. Permits: No information provided. Handgun Registration: No information provided. Scope of Sales Covered: No information provided. Restoration of Rights: No information provided. Background Checks: Background checks on purchases of shotguns and .22 caliber rifles are performed by the police. After the weapon is purchased the person must take the sales receipt and the weapon to the police and the police will run a background check and issue a permit. The background check includes checking with police departments on neighboring islands. Information on the Application: No information provided. Inquiry Process: No information provided. Fees Charged: No information provided. State Data: No information provided. Retention of Applications: No information provided. Statistics Maintained: No information provided. ----------------------------------------- Puerto Rico ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Police of Puerto Rico. This agency is the CLEO as defined by the Brady Act. Additional Restrictions on Purchase: No information provided. Limitations: No information provided. Permits: Puerto Rico does require a permit to purchase a handgun. Handgun Registration: No information provided. Scope of Sales Covered: No information provided. Restoration of Rights: No information provided. Background Checks Background checks on purchases of handguns are done by the Police of Puerto Rico. The request is sent by certified mail or in person to the Police. The Police of Puerto Rico have an internal appeals process with written procedures and an external appeals process that involves the court system. Information on the Application: No information provided. Inquiry Process: The background check process can take from 120 to 200 days. Fees Charged: Puerto Rico does not charge a fee for the background check. State Data: No information provided. Retention of Applications: As a Brady State, the CLEO keeps the approved applications for a maximum of 20 days. ------------------------------------------ Virgin Islands ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Virgin Islands Police Department. This agency is the CLEO. Additional Restrictions on Purchase: No information provided. Limitations: No information provided. Permits: Yes, the applicant is issued a purchase coupon. Handgun Registration: After purchase the bill of sale and the weapon are brought to the police where all the information is recorded. Scope of Sales Covered: No information provided. Restoration of Rights: No information provided. Background Checks: The applicant fills out and returns a completed notarize application. The application is accompanied by four (4) photographs and notarized statements from character references. If no problems are found during the background check, the applications is forwarded to the Police Commissioner who approves or disapproves it. Information on the Application: Varies with the kind of application being applied for. Inquiry Process: No information provided. Fees Charged: The Virgin Islands charges a $5.00 application fee, a $18.00 renewal fee and a $15.00 late registration fee. The license must be renewed every three years. New photographs are required with each renewal. State Data: No information provided. ----------------------------------------- Washington ------------------------------------------ SOURCE OF INFORMATION: This information was provided by the Metropolitan Police Department of Washington D.C. Additional Restrictions on Purchase: The laws of Washington D.C. do not allow the purchase or carrying of handguns except by law enforcement officers. Limitations: See above. Permits: No information provided. Handgun Registration: No information provided. Scope of Sales Covered: No information provided. Restoration of Rights: No information provided. Background Checks: No information provided. Information on the Application: No information provided. Inquiry Process: No information provided. Fees Charged: No information provided. State Data: No information provided. Retention of Applications: No information provided. Statistics Maintained: No information provided.Appendixes Appendix A State FIST Contact Alabama Isaac Kevin Criminal Justice Info. Center 770 Washington, Rm 350 Montgomery AL 36130 (334) 242-4900 Alaska Michael F. Braddock Administrative Services Department of Public Safety 5700 East Tudor Road Anchorage AK 99507 (907) 269-5701 Arizona Teresa Fuentes Handgun Clearance Center Department of Public Safety P.O. Box 6638 Phoenix AZ 85005 (602) 223-2702 Arkansas Tom Craig Crime Information Center One Capitol Mall Little Rock AR 72201 (501) 221-8233 California Mike Broderick Firearms Program Department of Justice 4949 Broadway Sacramento CA 95820 (916) 227-3500 Colorado Bob Sexton Crime Information Center Bureau of Investigation 690 Kipling St., Room #3000 Denver CO 80215 (303) 239-4289 Connecticut Herb Burnham Spl. License & Firearms Unit Connecticut State Police P.O. Box 2794 Middletown CT 06457 (203) 685-8160 Delaware Louis S. O'Day Firearms Trans. Program Bureau of Identification P.O. Box 430 Dover DE 19903 (302) 739-2934 Florida Martha Wright User Services, CJIS Division Fla. Dept. Of Law Enforce. P.O. Box 1489 Tallahassee FL 32302 (904) 488-4931 Georgia Charles A. Severs Crime Information Center Bureau of Investigation P.O. Box 370748 Decatur GA 30037 (404) 244-2605 Hawaii Liane Moriyama Criminal Justice Data Center Kekuanao'a Bldg. Room 101 465 South King Street Honolulu HI 96813 (808) 587-3100 Idaho Bob Taylor Criminal History Unit Bur. of Criminal Identification P.O. Box 700 Meridian ID 83642 (208) 884-7133 Illinois Judy Welch Bureau of Identification Illinois State Police 260 North Chicago Street Joliet IL 60431 (815) 740-5175 Indiana Bruce Bryant State Police Firearms Div. Indiana Govt. Center North Rm 312, 100 N. Senate Ave. Indianapolis IN 46204 (317) 232-8264 Iowa Carroll L. Bidler Div. Of Criminal Investigation Office of Public Safety Wallace State Office Building Des Moines, IA. 50319 (515) 281-8422 Kansas Charles Sexson Bureau of Investigation 1620 Southwest Tyler Topeka KS 66612 (913) 291-3029 Kentucky Dana R. Winkel Information Services Center Kentucky State Police 1250 Louisville Road Frankfort KY 40601 (502) 227-8700 Louisiana Michael K. Futch Bur. Of Criminal Identification Louisiana State Police P.O. Box 66614 Baton Rouge LA 70896 (504) 925-6095 Maine Jeffery D. Harmon Support Services Division Maine State Police 36 Hospital Street Augusta ME 04333 (207) 624-7062 Maryland Bernard H. Shaw Firearms License Section Maryland State Police 1711 Belmont Avenue Woodlawn MD 21244 (410) 278-3385 Massachusetts Hamilton Perkins Firearms Bureau Department of Public Safety 200 Arlington St., Suite 200 Chelsea MA 02150 (617) 660-4780 Michigan Elizabeth Welton Central Records Division Department of State Police 7150 Harris Drive Lansing MI 48913 (517) 322-5518 Minnesota Karen R. McDonald C. J. Information System Department of Public Safety 1246 University Avenue St. Paul MN 55104 (612) 642-0687 Mississippi Major Melvin Maxwell Records and Identification Department of Public Safety P.O. Box 958 Jackson MS 39205 (601) 987-1566 Missouri Lt. Robert E. Gartner Criminal Records Division State Highway Patrol P.O. Box 568 Jefferson City MO 65102 (314) 526-6160 Montana Jim Oppedahl Department of Justice 303 North Roberts P.O. Box 201405 Helena MT 59620 (406) 444-4694 North Carolina David P. Bryan Bureau of Investigation 407 North Blount Street Raleigh NC 27601 (919) 733-3171 North Dakota Robert J. Helten Bur. of Criminal Investigation P.O. Box 1054 Bismarck ND 58502 (701) 328-5500 Nebraska David Kohrell State Highway Patrol P.O. Box 94907 Lincoln NE 68509 (402) 479-4938 Nevada Grace L. George Nevada Highway Patrol 555 Wright Way Carson City NV 89711 (702) 687-6675 New Hampshire Michael Dezter Criminal Records James H. Hayes Safety Bldg. 10 Hazen Drive Concord NH 03305 (603) 271-2500 New Jersey Joseph Hawn Department of State Police River Road P.O. Box 7068 West Trenton NJ 08625 (609) 882-2000 New Mexico Paul W. Herrera Tech. & Emerg. Support Div. Department of Public Safety P.O. Box 1628 Sante Fe NM 87504 (505) 827-3406 New York Leo Carroll Identification Systems, DCJS Stuyvesant Plaza Executive Park Tower Albany NY 12203 (518) 457-2351 Ohio Tubbi Johns Bur. of Criminal Identification P.O. Box 365 London OH 43140 (614) 852-2556 Oklahoma Ronald R. Young Bureau of Investigation 6600 North Harvey, Suite 300 P.O. Box 11497 Oklahoma City OK 73116 (405) 848-6724 Oregon Clifford W. Daimler Identification Services Oregon State Police 3772 Portland Road NE Salem OR 97303 (503) 378-3070 Pennsylvania Ernest R. Spittler Bureau of Records & Information Services 1800 Elmerton Avenue Harrisburg PA 17110 (717) 783-5588 Rhode Island Kenneth Cote Bur. of Criminal Investigation Dept of the Attorney General 72 Pine Street Providence RI 02903 (401) 421-5268 South Carolina Joseph Means Law Enforcement Division 4400 Broad River Road P.O. Box 21398 Columbia SC 29221 (803) 896-7005 South Dakota Thomas J. Del Grosso Administration Services Div. of Criminal Investigations 500 East Capitol Avenue Pierre SD 57501 (605) 773-3331 Tennessee Ken Owens Bureau of Investigation 1148 Foster Avenue P.O. Box 100940 Nashville TN 37224 (615) 726-7917 Texas David Gavin Crime Records Division Department of Public Safety P.O. Box 4143 Austin TX 78765 (615) 726-7917 Utah Debra Overton Bur. of Criminal Identification 4501 South 2700 West Salt Lake UT 84119 (801) 965-4409 Vermont Max Schleuter Criminal Information Center Department of Public Safety P.O. Box 189 Waterbury VT 05676 (802) 244-8788 Virginia Captain R. Lewis Vass Records Management Div. Virginia State Police P.O. Box 27472 Richmond VA 23261 (804) 674-2148 Washington Joan Smith Identification Section State Highway Patrol P.O. Box 42633 Olympia WA 98504 (360) 705-5117 West Virginia Thomas A. Barrick Department of State Police 725 Jefferson Road South Charleston WV 25309 (304) 746-2177 Wisconsin Mary Westra Criminal Records Section Department of Justice 123 West Washington Ave. Madison WI 53702 (608) 267-2776 Wyoming James M. Wilson Div. of Criminal Investigation 316 West 22nd Street Cheyenne WY 82002 (307) 777-7523 American Samoa Jucinia Brown, Chief Criminal Intelligence Coord. Department of Public Safety P.O. Box 4567, Pago Pago American Samoa 96799 (684) 633-2827 Puerto Rico William Morales Criminal Identification Section Police of Puerto Rico P.O. Box 70166 San Juan, PR 00963 (787) 793-1234 Virgin Islands Susan M. McDonald Records Bureau Virgin Islands Police Dept. Criminal Justice Complex St. Thomas, VI 00802 (809) 774-2211 ext. 206 District of Columbia Susie Schaeffer Pre-Trial Services Agency Suite 310 400 F Street, N.W. Washington, D.C. 20001 (202) 727-2911 Appendix B Status of the States Number of CLEOs and Instant Check Capability Number BRADY of CLEOs Alabama 67 Alaska 35 Arizona* 1 (state) Arkansas 1 (state) Kansas 123 Kentucky 1 (state) Louisiana 59 Maine 128 Mississippi 263 Montana 59 Nevada* 1 (state) New Mexico 112 North Dakota 53 Ohio 1 (state) Oklahoma 440 Pennsylvania 67 Rhode Island 39 South Carolina* 1 (state) South Dakota 66 Texas 991 Vermont 22 Washington 291 West Virginia 1 (state) Wyoming 40 Puerto Rico 1 (state) (25) Number ALTERNATIVE of CLEOs California 1 (state) Colorado* 1 (state) Connecticut 1 (state) Delaware* 1 (state) Florida* 1 (state) Georgia* 1 (state) Hawaii 4 Idaho* 1(state) Illinois 1 (state Indiana 1 (state) Iowa 99 Maryland 1 (state) Massachusett 270 Michigan* 625 Minnesota 568 Missouri 115 Nebraska 95 New Hampshire* 1(state) New Jersey 490 New York 58 North Carolina 98 Oregon 208 Tennessee 96 Utah* 1 (state) Virginia* 1 (state) Wisconsin* 1 (state) Virgin Islands 1 (state) (27) States (17) in bold report an instant check capability. Asterisks indicate states where the respondent reported "instant check." For other states, bold indicates that a statewide telephone number is provided that allows a firearms dealer from anywhere within the state to directly contact a central location to determine within minutes, based on readily available data, if an individual is qualified or not qualified to purchase a handgun. (Additional research may be required on some inquiries, and this research may take much longer.) Also, states shown in bold may accept inquiries by other modes, such as facsimile transmission or mail, and may require a waiting period prior to taking physical possession of the weapon. This table is based on data provided to REJIS as of April 1, 1996. American Samoa and the District of Columbia are not included in the table as neither permit the purchase of handguns. The term CLEO (Chief Law Enforcement Officer) refers to any agency designated as authorized to perform criminal record checks for handgun purchases under the Brady Act or, in the case of Brady Alternative States, under its own legislation. Number Reject BRADY processed rejected percent Alabama Alaska 23,858 562 2.4 Arizona Arkansas 40,019 686 1.7 Kansas Kentucky Louisiana Maine Mississippi Montana 22,040 167 0.8 Nevada 59,727 1,325 2.2 New Mexico North Dakota Ohio 119,564 651 0.5 Oklahoma 10,860 289 2.7 Pennsylvania Rhode Island South Carolina South Dakota Texas Vermont Washington West Virginia Wyoming 17,587 350 2 Puerto Rico Number Reject ALTERNATIVE processed rejected percent California 472,213 6,396 1.4 Colorado 118,020 7,625 6.5 Connecticut Delaware 5,697 347 6.1 Florida 553,865 18,495 3.3 Georgia Hawaii Idaho 57,266 1,716 3. 0 Illinois 190,055 1,927 1 Indiana Iowa Maryland 32,605 360 1. 1 Massachusetts Michigan 201,797 1,696 0.8 Minnesota Missouri Nebraska New Hampshire 5,794 39 0.7 New Jersey New York North Carolina Oregon Tennessee Utah 43,133 750 1.7 Virginia 421,524 3,351 0.8 Wisconsin Virgin Islands