August 7, 2012 |
2012-R-0345 | |
PENALTIES FOR ILLEGAL HANDGUN POSSESSION | ||
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By: James Orlando, Associate Analyst | ||
You asked for the criminal penalties in all states and the District of Columbia for illegal possession of handguns (pistols and revolvers), including the class of the crime, sentence range, and whether there is a mandatory minimum sentence.
SUMMARY
States restrict handgun possession in a variety of contexts. For example, following federal law, most states restrict access to handguns by minors; people convicted of felonies or certain other crimes; and people with certain mental health adjudications. Some states also require a permit, license, or certificate for handgun possession. While the 2nd Amendment to the Federal Constitution protects the individual right to own firearms, that right is not unlimited, and can be subject to certain gun control laws (D.C. vs. Heller, 554 U.S. 570 (2008); McDonald vs. Chicago, 130 S.Ct. 3020 (2010) (applying Heller to states)).
Penalties for illegal possession of handguns vary widely across states. For example, state law penalties for possession by convicted felons range from misdemeanors to felonies with mandatory minimums. Penalties for felons' illegal gun possession are generally higher than penalties for illegal possession in other contexts (such as possession without a required permit).
Below, we describe penalties for illegal handgun possession in three contexts: (1) possession without a permit, license, or certificate in those states with such a requirement; (2) possession by minors; and (3) possession by convicted felons.
HANDGUN POSSESSION
Permit or License Requirements
At least 13 states generally require someone to have a permit, license, or other certificate to purchase or possess a handgun; another (Minnesota) requires a permit in some circumstances. Table 1 lists these states and describes the general criminal penalties for failure to comply with these requirements. The table does not describe all crimes or penalties that could apply to a particular situation (such as fraud in the permit application process). It also does not generally address criminal penalties that apply in many states for carrying a gun without a required permit. The Government Accountability Office has recently completed a report on state concealed carry requirements; it is available at http://www.gao.gov/products/GAO-12-717.
Table 1: Criminal Penalties for Possession or Purchase of Handgun without a Required Permit, License, or Certificate
State* |
Class of Crime and Criminal Penalties; Citation |
California |
Purchase handgun without safety certificate: misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both Cal. Penal Code § 31615 |
Connecticut |
Purchase or receive handgun without permit or eligibility certificate: class D felony, punishable by one to five years imprisonment, a fine of up to $5,000, or both CGS § 29-33 |
D.C. |
Possess without registration certificate: Up to one year in prison, a fine of up to $1,000, or both D.C. Code Ann. §§ 7-2502.01, 7-2507.06 |
Hawaii |
Acquire firearm without a permit: misdemeanor, punishable by up to one year's imprisonment, a fine of up to $2,000, or both Failing to register firearm: petty misdemeanor, punishable by up to 30 days imprisonment, a fine of up to $1,000, or both Haw. Rev. Stat. Ann. §§ 134-2, 134-3, 134-17 |
Illinois |
If person possesses or acquires handgun and the person's Firearm Owner's Identification Card is expired but the person is not otherwise disqualified from renewing it: class A misdemeanor, punishable by less than one year's imprisonment, a fine of up to $2,500, or both If the person does not possess a valid ID card (other than an expired one as specified above), but is otherwise eligible: first offense is a class A misdemeanor (see above). Subsequent offense is a class 4 felony, punishable by one to three years imprisonment, a fine of up to $25,000, or both If (1) the person's ID card has been revoked or is subject to revocation, (2) the card is expired and not eligible for renewal, or (3) the person does not possess a valid card and is not otherwise eligible, the penalty is a class 3 felony, punishable by two to five years imprisonment, a fine of up to $25,000, or both 430 Ill. Comp. Stat. 65/2, 65/14 |
Iowa |
Acquire handgun without a permit: aggravated misdemeanor, punishable by up to two years imprisonment, a fine of $625 to $6,250, or both Iowa Code § 724.16 |
Massachusetts |
Possess without license: first offense: up to two years in prison or jail, a fine of up to $500, or both. Subsequent offense: up to two years imprisonment, a fine of up to $1,000, or both. Possess without license outside of home or place of business: from 2.5 to five years imprisonment, or 18 months to 2.5 years in jail; with a mandatory minimum of 18 months Mass. Gen. Laws Ann. ch. 140, § 129C; ch. 269, § 10 |
Michigan |
Obtain without permit: misdemeanor, punishable by up to 90 days imprisonment, a fine of up to $100, or both Mich. Comp. Laws Ann. §§ 28.422, 750.232a |
Minnesota |
Requires handgun purchasers to have a transferee permit or permit to carry unless the seller files a transfer report following a waiting period Acquire without permit: gross misdemeanor, punishable by up to one year in jail, a fine of up to $3,000, or both Minn. Stat. § 624.7132 |
Nebraska |
Purchase without certificate: class I misdemeanor, punishable by up to one year in prison, a fine of up to $1,000, or both Neb. Rev. St. §§ 69-2403, 69-2408 |
New Jersey |
Possess without permit: 3rd degree crime, punishable by three to five years imprisonment, a fine of up to $15,000, or both (can be 2nd degree crime if gun meets certain specifications) N.J. Stat. Ann. §§ 2C:39-5, 2C:58-4 |
New York |
Possess without permit: class A misdemeanor, punishable by up to one year in prison, a fine of up to $1,000, or both Possess loaded firearm without permit, outside of person's home or place of business: class C felony, classified as violent felony offense, punishable by up to 15 years imprisonment, with a mandatory minimum of 3.5 years N.Y. Penal Law §§ 265.01, 265.03, 265.20 |
North Carolina |
Purchase or receive without permit: Class 2 misdemeanor, punishable by up to six months imprisonment, a fine of up to $1,000, or both N.C. Gen. Stat. § 14-402 |
Rhode Island |
Purchase without safety certificate: Up to five years imprisonment, a fine of up to $1,000, or both R.I. Gen. Laws §§ 11-47-26, 11-47-35 |
* In addition, Maryland generally requires a safety course before handgun purchase (Md. Code Ann., Pub. Safety §§ 5-118, 5-119)
Minors
Federal law generally prohibits anyone under age 18 from possessing a handgun (18 U.S.C. § 922(x)). Most states also set a minimum age for handgun possession. Table 2 below describes states' minimum age for possession and the criminal penalties for violations. In many states, there are specific criminal penalties for minors' illegal possession of handguns. In some states requiring a permit or license for gun purchase or ownership, there is no specific penalty for minors, but they are subject to the general penalties for possession without the required documentation. (Minors are generally ineligible for permits in these states.)
In most states with a minimum age for gun possession, there are a variety of exceptions (e.g., minors may be allowed to possess guns while hunting or with their parents' permission). Table 2 gives the general minimum age but does not describe these exceptions.
Table 2: Criminal Penalties for Illegal Possession of Handguns by Minors
State |
General Minimum Age to Possess Handgun; Citation |
Class of Crime and Criminal Penalties |
Alabama |
No specific penalty for possession by minors, although the law restricts selling or transferring handguns to people under age 18 (Ala. Code §§ 13A-11-57, 13A-11-76) |
N/A |
Alaska |
16 Alaska Stat. § 11.61.220 |
Class B misdemeanor, punishable by up to 90 days imprisonment, a fine of up to $2,000, or both |
Arizona |
18 Ariz. Rev. Stat. § 13-3111 |
Class 6 felony, punishable by six to 18 months imprisonment (there is a larger range for mitigated or aggravated sentences), a fine of up to $150,000, or both |
Arkansas |
18 Ark. Code Ann. § 5-73-119 |
Class A misdemeanor, punishable by up to one year in prison, a fine of up to $2,500, or both Class D felony in certain circumstances (such as repeat offenders), punishable by up to six years imprisonment, a fine of up to $10,000, or both |
California |
18 Cal. Penal Code §§ 29610, 29700 |
Misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both Higher penalties apply in some circumstances (such as repeat offenders) |
Colorado |
18 Colo. Rev. Stat. § 18-12-108.5 |
First offense: class 2 misdemeanor, punishable by three to 12 months imprisonment, a fine of $250 to $1,000, or both Subsequent offenses: class 5 felony, punishable by one to three years imprisonment, a fine of $1,000 to $100,000, or both |
Connecticut |
21* |
Must be 21 to obtain permit or eligibility certificate to purchase handgun Penalty for purchasing or receiving handgun without permit or eligibility certificate: class D felony, punishable by one to five years imprisonment, a fine of up to $5,000, or both |
Delaware |
18 Del. Code Ann. tit. 11, § 1448 |
Class D felony, punishable by up to eight years imprisonment, a fine, or both If defendant is at least age 14: mandatory minimum of (1) six months for a first offense and (2) one year for a subsequent offense |
D.C. |
21 D.C. Code Ann. §§ 7-2502.03, 7-2507.06 |
Penalty applies to possessing unregistered firearm; must be 21 to register Up to one year in prison, a fine of up to $1,000, or both |
Florida |
18 Fla. Stat. Ann. § 790.22 |
First offense: 1st degree misdemeanor, punishable by up to three days detention and 100 hours of community service Subsequent offense: 3rd degree felony, punishable by up to 15 days detention and 100 to 250 hours of community service Detention may be longer in certain circumstances |
Georgia |
18 Ga. Code Ann. § 16-11-132 |
First offense: misdemeanor, punishable by up to 12 months imprisonment, a fine of up to $1,000, or both Subsequent offense: felony, punishable by up to three years imprisonment, a fine of up to $5,000, or both |
Hawaii |
21* Haw. Rev. Stat. Ann. §§ 134-2, 134-17 |
Penalty applies to acquiring without permit; must be 21 to obtain permit Misdemeanor, punishable by up to one year's imprisonment, a fine of up to $2,000, or both |
Idaho |
18 Idaho Code Ann. §§ 18-3302E, 1803302F |
Misdemeanor, punishable by up to six months imprisonment, a fine of up to $1,000, or both |
Illinois |
18 720 Ill. Comp. Stat. 5/24-3.1 |
Class 4 felony, punishable by one to three years imprisonment, a fine of up to $25,000, or both |
Indiana |
18 Ind. Code Ann. § 35-47-10-5 |
First offense: class A misdemeanor, punishable by up to one year in prison, a fine of up to $5,000, or both Subsequent offense: class C felony, punishable by two to eight years imprisonment, a fine of up to $10,000, or both |
Iowa |
21* Iowa Code §§ 724.15, 724.16 |
Penalty applies to acquiring handgun without a permit; must be 21 to obtain permit
Aggravated misdemeanor, punishable by up to two years imprisonment, a fine of $625 to $6,250, or both |
Kansas |
18 Kan. Stat. Ann. § 21-6301 |
First offense: class A nonperson misdemeanor, punishable by up to one year in jail, a fine of up to $2,500, or both Subsequent offense: severity level 8, nonperson felony, punishable by nine to 11 months imprisonment, a fine of up to $100,000, or both |
Kentucky |
18 Ky. Rev. Stat. Ann. § 527.100 |
First offense: class A misdemeanor, punishable by up to 12 months imprisonment, a fine of $500, or both Subsequent offense: class D felony, punishable by one to five years imprisonment and a fine of $1,000 to $10,000 |
Louisiana |
17 La. Rev. Stat. § 14:95.8 |
First offense: 90 days to six months imprisonment and a fine of up to $100 Second offense: up to two years imprisonment and a fine of up to $500 Third or subsequent offense: up to five years imprisonment at hard labor and a fine of up to $1,000 For a juvenile adjudicated delinquent for this offense who was previously found guilty or adjudicated delinquent for any crime of violence or attempt or conspiracy to commit any such offense: six months to five years imprisonment (including at least 90 days being served without benefit of probation, parole, or a suspended sentence) and a $500 to $1,000 fine |
Maine |
No specific penalty for possession by minors (except for those who committed certain offenses), but the law prohibits transferring a handgun to someone under age 18 if the person knows or has reasonable cause to believe the recipient is a minor (Me. Rev. Stat. tit. 17-A, § 554-B) |
N/A |
Maryland |
21 Md. Code Ann., Pub. Safety § 5-133 |
Misdemeanor, punishable by up to five years imprisonment, a fine of up to $10,000, or both |
Massachusetts |
21 Mass. Gen. Laws Ann. ch. 140, §§ 129C, 131E; ch. 269, § 10 |
Penalty applies to possession without license; must be 21 to obtain license to purchase handgun Possession without license: first offense: up to two years in prison or jail, a fine of up to $500, or both. Subsequent offense: up to two years imprisonment, a fine of up to $1,000, or both. Possession without license outside of home or place of business: from 2.5 to five years imprisonment, or 18 months to 2.5 years in jail; with a mandatory minimum of 18 months |
Michigan |
18 Mich. Comp. Laws Ann. § 750.234f |
Penalty for possession in public without adult supervision: misdemeanor, punishable by up to 90 days imprisonment, a fine of up to $100, or both (see Table 1 for penalty for obtaining without permit) |
Minnesota |
18 Minn. Stat. § 624.713 |
Felony, punishable by up to five years imprisonment, a fine of up to $10,000, or both |
Mississippi |
18 Miss. Code Ann. § 97-37-14 |
Delinquent act (with various consequences) |
Missouri |
18 Mo. Rev. Stat. § 571.080 |
None specified; court would have to decide penalty |
Montana |
None, but the law prohibits parents or others having charge of a minor under age 14 to permit the minor to carry or use a firearm in public without supervision (Mont. Code Ann. § 45-8-344) |
N/A |
Nebraska |
18 Neb. Rev. Stat. Ann. § 28-1204 |
Class I misdemeanor, punishable by up to one year in prison, a fine of up to $1,000, or both |
Nevada |
18 Nev. Rev. Stat. Ann. § 202.300 |
Delinquent act, and the court may order the child's detention in the same manner as if the child had committed an act that would have been a felony if committed by an adult |
New Hampshire |
None, although the law generally prohibits transferring a handgun to someone under age 18 (N.H. Rev. Stat. Ann. § 159:12) |
N/A |
New Jersey |
21 N.J. Stat. Ann. § 2C:58-6.1 |
Crime of the fourth degree, punishable by up to 18 months imprisonment, a fine of up to $10,000, or both |
New Mexico |
19 N.M. Stat. Ann. § 30-7-2.2 |
Misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, or both |
New York |
21 N.Y. Penal Law §§ 265.01, 265.05, 400.00 |
New York generally prevents anyone under age 16 from possessing guns or other weapons; violators are adjudged as juvenile delinquents Possession without permit (must be 21 to obtain permit): class A misdemeanor, punishable by up to one year in prison, a fine of up to $1,000, or both (see Table 1 for additional penalty if gun is loaded and outside of person's home or place of business) |
North Carolina |
18 N.C. Gen. Stat. § 14-269.7 |
Class 1 misdemeanor, punishable by up to 45 days imprisonment, a fine (at court's discretion), or both |
North Dakota |
18 N.D. Cent. Code § 62.1-02-01 |
Class A misdemeanor, punishable by up to one year in prison, a fine of up to $2,000, or both |
Ohio |
21* (applies specifically to purchase) Ohio Rev. Code Ann. § 2923.211 |
2nd degree misdemeanor, punishable by up to 90 days in jail, a fine of up to $750, or both |
Oklahoma |
18 Okla. Stat. Ann. tit. 21 § 1273 |
Adjudicated delinquent (with various consequences) |
Oregon |
18 Or. Rev. Stat. § 166.250 |
Class A misdemeanor, punishable by up to one year in prison, a fine of up to $6,250, or both |
Pennsylvania |
18 18 Pa. Cons. Stat. Ann. § 6110.1 |
First-degree misdemeanor, punishable by up to five years imprisonment, a fine of up to $10,000, or both |
Rhode Island |
21 R.I. Gen. Laws §§ 11-47-26, 11-47-35 |
Up to five years imprisonment, a fine of up to $1,000, or both |
South Carolina |
18 S.C. Code Ann. § 16-23-30 |
Felony, punishable by up to five years imprisonment, a fine of up to $2,000 fine, or both |
South Dakota |
18 S.D. Codified Laws § 23-7-44 |
Class 1 misdemeanor, punishable by up to one year in prison, a fine of up to $2,000, or both |
Tennessee |
18 Tenn. Code Ann. § 39-17-1319 |
Delinquent act, and in addition to other disposition as authorized by law, person may be required to perform community service: (1) up to 100 hours for a first offense or (2) 100 to 200 hours for a subsequent offense |
Texas |
None, but the law generally prohibits selling or giving a firearm to someone under age 18 (Tex. Penal Code § 46.06) |
N/A |
Utah |
18 Utah Code Ann. § 76-10-509.4 |
First offense: class B misdemeanor, punishable by up to six months in jail, a fine of up to $1,000, or both Subsequent offense: class A misdemeanor, punishable by up to one year in jail, a fine of up to $2,500, or both |
Vermont |
16 Vt. Stat. Ann. tit. 13, § 4008 |
Deemed a delinquent child (with various consequences) |
Virginia |
18 Va. Code Ann. § 18.2-308.7 |
Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both |
Washington |
18 Wash. Rev. Code Ann. § 9.41.040 |
Class C felony, punishable by up to five years imprisonment, a fine of up to $10,000, or both |
West Virginia |
18 W. Va. Code § 61-7-8 |
Subject to juvenile court jurisdiction; may be proceeded against as if he or she had committed an act which if committed by an adult would be a crime, and may be adjudicated delinquent |
Wisconsin |
18 Wis. Stat. § 948.60 |
Class A misdemeanor, punishable by up to nine months imprisonment, a fine of up to $10,000, or both |
Wyoming |
21 Wyo. Stat. § 6-8-404 |
The Wyoming Firearms Freedom Act, which applies to firearms manufactured in the state, provides that such firearms are exempt from federal gun laws (the legal effect of this provision is unclear), and that someone must be 21 to purchase a handgun covered under the act (with no specific penalty provided) |
* Statute does not specifically address possession
Convicted Felons
Federal law generally prohibits convicted felons from possessing handguns (18 U.S.C. § 922(g)). Nearly all states also do so, although in some states the prohibition applies only to certain types of felonies (such as those involving violence or drugs).
Table 3 describes the states' criminal penalties for possession of handguns by felons. The prohibition on felons' possession of handguns often applies for a certain length of time after the felony conviction; the table does not indicate the particular periods for each state. If a state's penalty for possession applies only to a certain type of felony, the table indicates that in general terms, but does not describe in detail all of the different penalties that may apply to handgun possession following conviction for various types of crimes (e.g., some states have separate penalties if the underlying crime involved domestic violence, not shown in the table below). The table also does not indicate prohibitions in some states related to gun possession following conviction for certain misdemeanor crimes.
Table 3: Criminal Penalties for Illegal Possession of Handguns by Convicted Felons
State |
Type of Felonies Covered, if Applicable; Class of Crime and Criminal Penalties; Citation |
Alabama |
Violent crimes Up to five years imprisonment Ala. Code § 13A-11-72 |
Alaska |
Class C felony, punishable by up to five years imprisonment, a fine of up to $50,000, or both Alaska Stat. § 11.61.200 |
Arizona |
Class 4 felony, punishable by 18 months to three years imprisonment (there is a larger range for mitigated or aggravated sentences), a fine of up to $150,000, or both Ariz. Rev. Stat. § 13-3102 |
Arkansas |
Convictions involving violent felonies and certain other circumstances: class B felony, punishable by five to 20 years imprisonment, a fine of up to $15,000, or both Other felonies: class D felony, punishable by up to six years imprisonment, a fine of up to $10,000, or both Ark. Code Ann. § 5-73-103 |
California |
Felony, punishable by 16 months to three years imprisonment, a fine, or both Different penalties apply in certain circumstances. For example, if the prior conviction was a violent felony: if probation is granted, or if the imposition or execution of sentence is suspended, a condition of the probation or suspension is that the defendant serve at least six months in jail Cal. Penal Code §§ 29800, 29900 |
Colorado |
Felonies involving use of force or other specified crimes: class 5 felony, punishable by one to three years imprisonment, a fine of $1,000 to $100,000, or both Other felonies: class 6 felony, punishable by one year to 18 months imprisonment, a fine of $1,000 to $100,000, or both Colo. Rev. Stat. § 18-12-108 |
Connecticut |
Class D felony, punishable by one to five years imprisonment, a fine of up to $5,000, or both, with two-year mandatory minimum CGS § 53a-217c |
Delaware |
Class D felony, punishable by up to eight years imprisonment, a fine, or both If prior conviction was for a violent felony: mandatory minimum of one, three, or five years (depending on certain factors) Del. Code Ann. tit. 11, § 1448 |
D.C. |
If conviction was for crime of violence other than conspiracy: up to 15 years imprisonment, with a three year mandatory minimum Other felonies: up to 10 years imprisonment, with a mandatory minimum of one year D.C. Code Ann. § 22-4503 |
Florida |
2nd degree felony, punishable by up to 15 years imprisonment, a fine of up to $10,000, or both Penalty is enhanced for gang-related activity Fla. Stat. Ann. § 790.23 |
Georgia |
Forcible felonies: felony, punishable by five years imprisonment Other felonies: felony, punishable by one to five years imprisonment Ga. Code Ann. § 16-11-131 |
Hawaii |
Class B felony, punishable by up to 10 years imprisonment, a fine of up to $25,000, or both Haw. Rev. Stat. Ann. § 134-7 |
Idaho |
Felony, punishable by up to five years imprisonment and a fine of up to $5,000 Idaho Code Ann. § 18-3316 |
Illinois |
Class 3 felony, punishable by two to five years imprisonment, a fine of up to $25,000, or both 430 Ill. Comp. Stat. 65/2, 65/8, 65/14 |
Indiana |
No specific prohibition on felons' possession, but the law prohibits selling or transferring a handgun to someone whom the transferor has reasonable cause to believe is a convicted felon (Ind. Code Ann. § 35-47-2-7) |
Iowa |
Class D felony, punishable by up to five years imprisonment, a fine of $750 to $7,500, or both Iowa Code § 724.26 |
Kansas |
Severity level 8, nonperson felony, punishable by nine to 11 months imprisonment, a fine of up to $100,000, or both Kan. Stat. Ann. § 21-6304 |
Kentucky |
Class C felony, punishable by five to 10 years imprisonment and a fine of $1,000 to $10,000 Ky. Rev. Stat. Ann. § 527.040 |
Louisiana |
Specified felonies involving violence, drugs, or sex crimes Conviction for possession of a firearm: 10 to 20 years imprisonment at hard labor, without the benefit of probation, parole, or a suspended sentence, and a fine of $1,000 to $5,000 Conviction for attempt to possess firearm: up to 7.5 years imprisonment at hard labor and a fine of $500 to $2,500 La. Rev. Stat. § 14:95.1 |
Maine |
Class C crime, punishable by up to five years imprisonment, a fine of up to $5,000, or both Me. Rev. Stat. tit. 15, § 393 |
Maryland |
Misdemeanor, punishable by up to five years imprisonment, a fine of up to $10,000, or both Md. Code Ann., Pub. Safety § 5-133 |
Massachusetts |
Penalty applies to possession without license (felons are ineligible to obtain license) First offense: up to two years in prison or jail, a fine of up to $500, or both. Subsequent offense: up to two years imprisonment, a fine of up to $1,000, or both. (see Table 1 for additional penalties for possession without license outside of home or place of business) Mass. Gen. Laws Ann. ch. 140, § 129C; ch. 269, § 10 |
Michigan |
Felony, punishable by up to five years imprisonment, a fine of up to $5,000, or both Mich. Comp. Laws Ann. § 750.224f |
Minnesota |
Violent crimes: felony, punishable by up to 15 years imprisonment, a fine of up to $30,000, or both Other felonies: Gross misdemeanor, punishable by up to one year in jail, a fine of up to $3,000, or both Minn. Stat. § 624.713 |
Mississippi |
Felony, punishable by one to 10 years imprisonment, a fine of up to $5,000, or both Miss. Code Ann. § 97-37-5 |
Missouri |
Class C felony, punishable by up to 10 years imprisonment, a fine of up to $5,000, or both Mo. Rev. Stat. § 571.070 |
Montana |
Felonies committed with dangerous weapons Two to 10 years imprisonment Mont. Code Ann. § 45-8-313 |
Nebraska |
First offense: class ID felony, punishable by up to 50 years imprisonment, with a three-year mandatory minimum Subsequent offense: class IB felony, punishable by up to life in prison, with a mandatory minimum of 20 years Neb. Rev. Stat. § 28-1206 |
Nevada |
Category B felony, punishable by one to six years imprisonment, a fine of up to $5,000, or both Nev. Rev. Stat. Ann. § 202.360 |
New Hampshire |
Felonies (1) against the person or property of another or (2) involving drugs Class B felony, punishable by up to seven years imprisonment, a fine of up to $4,000, or both N.H. Rev. Stat. Ann. § 159:3 |
New Jersey |
Crime of the third degree, punishable by three to five years imprisonment, a fine of up to $15,000, or both (can be crime of second degree if gun meets certain specifications) N.J. Stat. Ann. §§ 2C:39-5, 2C:58-3 |
New Mexico |
4th degree felony, punishable by up to 18 months imprisonment, a fine of up to $5,000, or both N.M. Stat. Ann. § 30-7-16 |
New York |
Class A misdemeanor, punishable by up to one year in prison, a fine of up to $1,000, or both N.Y. Penal Law § 400.00 |
North Carolina |
Class G felony, punishable by eight to 16 months imprisonment, a fine, or both N.C. Gen. Stat. § 14-415.1 |
North Dakota |
Class C felony, punishable by up to five years imprisonment, a fine of up to $5,000, or both N.D. Cent. Code § 62.1-02-01 |
Ohio |
Felonies involving violence or drugs 3rd degree felony, punishable by nine to 36 months imprisonment, a fine of up to $10,000, or both Ohio Rev. Code Ann. § 2923.13 |
Oklahoma |
Felony, punished by one to 10 years imprisonment Okla. Stat. Ann. tit. 21, § 1283 |
Oregon |
Class A misdemeanor, punishable by up to one year in prison, a fine of up to $6,250, or both Or. Rev. Stat. § 166.250 |
Pennsylvania |
Long list of crimes (particularly violent crimes) and drug felonies 2nd degree felony, punishable by up to 10 years imprisonment, a fine of up to $25,000, or both 18 Pa. Cons. Stat. Ann. § 6105 |
Rhode Island |
Felonies involving violence or certain other crimes Punishable by two to 10 years imprisonment, with a mandatory minimum R.I. Gen. Laws §§ 11-47-5 |
South Carolina |
Felonies involving violence Felony, punishable by up to five years imprisonment, a fine of up to $2,000 fine, or both S.C. Code §§ 16-23-30, 16-23-500 |
South Dakota |
Violent crimes and drug felonies Class 6 felony, punishable by up to two years imprisonment, a fine of up to $4,000, or both S.D. Codified Laws §§ 22-14-15, 22-14-15.1 |
Tennessee |
Class E felony, punishable by one to six years imprisonment, a fine of up to $3,000 fine, or both Tenn. Code Ann. § 39-17-1307 |
Texas |
3rd degree felony, punishable by two to 10 years imprisonment, a fine of up to $10,000, or both Tex. Penal Code § 46.04 |
Utah |
Violent felonies: 2nd degree felony, punishable by one to 15 years imprisonment, a fine of up to $10,000, or both Other felonies: 3rd degree felony, punishable by up to five years imprisonment, a fine of up to $5,000 fine, or both Utah Code Ann. § 76-10-503 |
Vermont |
None |
Virginia |
Class 6 felony, punishable by one to five years imprisonment, or up to 12 months in jail, a fine of up to $2,500, or both Mandatory minimum of (1) five years for people with convictions for violent felonies or (2) two years for people with other felony convictions within previous 10 years Va. Code Ann. § 18.2-308.2 |
Washington |
Violent crimes, certain drug crimes, and certain other “serious offenses”: Class B felony, punishable by up to 10 years imprisonment, a fine of up to $20,000, or both Other felonies: Class C felony, punishable by up to five years imprisonment, a fine of up to $10,000 fine, or both Wash. Rev. Code Ann. § 9.41.040 |
West Virginia |
Violent, sexual, or certain drug offenses: felony, punishable by up to five years imprisonment, a fine of up to $5,000, or both Other felonies: misdemeanor, punishable by 90 days to one year in jail, a fine of $100 to $1,000, or both W. Va. Code § 61-7-7 |
Wisconsin |
Class G felony, punishable by up to 10 years imprisonment, a fine of up to $25,000, or both
Wis. Stat. § 941.29 |
Wyoming |
Violent felonies or felonies causing bodily injury to peace officers: felony, punishable by up to three years imprisonment, a fine of up to $5,000, or both. The Wyoming Firearms Freedom Act, which applies to firearms manufactured in the state, provides that such firearms are exempt from federal gun laws (the legal effect of this provision is unclear), and further provides that someone convicted of a felony cannot purchase a handgun covered under the act (with no specific penalty provided) Wyo. Stat. §§ 6-8-102, 6-8-404 |
SOURCES
The information in this report was principally drawn from the following sources:
● Law Center to Prevent Gun Violence website (http://smartgunlaws.org/gun-policy/)
● National Rifle Association's Institute for Legislative Action website (http://www.nraila.org/gun-laws.aspx)
● Westlaw research
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