II. Firearms Laws

C. State Laws

1. Concealed Carry Laws

a. Concealed Carry Laws by State (Partial Listing)

1. Summaries
by J. Case Kim (kim39@husc.harvard.edu)

How to get a non-resident CCW in New Hampshire, Maine, Washington, Massachusetts, Florida and possibly other states.

WARNING AND DISCLAIMER: This information is accurate only as far as I know. I am fallible and human and am not responsible for typos or errors. Call ahead before you pack your gun. No CCW or LTC issued by any state allows you to take a gun into any Federal building, into a national park (national forests are usually okay, but check local laws), courthouse or school campus (unless you are law enforcement or have permission from the school). Local laws vary: Maine says that if you go to a bar which prohibits guns and they have a gun check, you must check your gun (unless you are working as a PI). Florida says no guns at certain public gatherings, even if you have a CCW. And so forth.

1. NEW HAMPSHIRE is the easiest IF you have a CCW or LTC in your
home state.  (I don't know if they will accept a non-resident CCW
from a state other than your home state.)  Just write to 
Department of Safety and ask for an application.
     Permits and Licensing Division
     10 Hazen Drive
     Concord, NH 03305        (603) 271-3575
You will have to send them $20 and a copy of your valid CCW from
your state of residence.  No photo required.  Expect your (flimsy
but valid) NH Pistol/Revolver license in less than 2 weeks if your
NH and NCIC checks come back clean.  The application is short and
simple, and it's non-discretionary (you pass, you get a permit). 
Permit good for four years.  Get it laminated!

2. MAINE takes longer and costs more but the people are nice and
friendly, and you do NOT have to have a CCW in your home state.
          Sergeant Barry Hathaway
          Maine State Police
          State House Station #164
          Augusta, ME 04333-0164        (207) 624-8775
If you go in person, I THINK the actual office is at:
          Village Square
          397 Water Street
          Gardiner, Maine
     You will have to send $60, 2 photographs and proof of having
taken a firearms safety course.  You must sign three release forms,
allowing the MSP to check your criminal record and whether or not
you have a history of mental problems or substance abuse in Maine. 
They will check the NCIC, Maine State, and your home state for any
criminal record.  By law, if you meet the other requirements, they
MUST issue your permit within 60 days of application UNLESS one of
your 5 background checks comes up with a problem within those 60
days.  I think you must send fingerprints.
     My permit took the 55 days because California took 40 days to
process my background check.  The application is lengthy but the
people there were very friendly with me when I called looking for
my permit and later when I had to change my address.  You do NOT
need a home state CCW to get one in Maine.   They mail you a blank
permit, you sign it and send it back.  They sign it, attach your
pic, and send it back to you again.  Good for 3-4 years.

3. FLORIDA is the most expensive, but has a process nearly
identical for residents and non-residents.  Costs $166 for non-
residents.  Call the Florida Department of State at 904-488-0039
and ask for an application, or write them at:
          P.O. Box 6687
          Tallahassee, FL 32314-6687
     Applications come quickly but getting the permit can take up
to 90 days (I haven't applied yet).  You must send fingerprints,
one photo, a one-page application (which MUST be notarized), a
check for $166, and proof of having taken a gun safety course.  I
don't know how long it lasts but renewals cost less than $166.  If
you do this, be sure you photo meets the guidelines in the
application.  It's non-discretionary and you do NOT have to have a
home state CCW to get one in Florida.  Florida checks its own
records and NCIC, but may not check your home state's records
(most, but not all, states report convictions to the NCIC).
     Those of you who need good pro-RKBA arguments may point out to
your friends/adversaries that from its start in 1988 to about 1991,
Florida issued 175,000 permits and only 15 had to be revoked. 
Those of you in states with bad CCW laws should fight for a law
similar to Florida's (or NH, ME, WA, etc.).

4. VERMONT.  You do not need a permit of any kind to pack heat in
Vermont.  Of course you must not be in the class of persons
prohibited by Federal or Vermont law from possessing firearms, but
other than that, you're okay.  Even if you don't live there.

5. WASHINGTON STATE is pretty good except that you have to go in
person.  Each county may legally issue a permit good statewide, but
the best place is supposed to be the King County Courthouse in
Seattle.  Residents and non-residents treated alike, except that
non-residents pay a little more (about $40?).  
          King County Courthouse,  206-296-4190
          516 3rd Avenue, Room W150
          Seattle, WA         (open 9am to 5pm)
     You must bring yourself, about $40, proof of age over 21,
proof of citizenship, photo ID and 10 fingers because you will be
fingerprinted.  Filling out the application and getting prints
takes about 30 minutes.  You must show up before 4pm to be assured
of finishing.  They check NCIC and Washington State for any
criminal record.  It's non-discretionary, so if you pass your
permit will be mailed to you within about 60 days.  Other counties
can issue but some require you to visit twice--once to get printed
and again to pick up your CCW.  You do NOT need a CCW in your home
state.  The above phone # has a great voice mail system which
should answer any questions you might have about this.

6. MASSACHUSETTS, People's Republic of.  Only residents may get the
normal 5-year LTC, but certain non-residents may get temporary
LTC's good for 1 year (2 years if you are a courier or armored car
driver who lives elsewhere but works in Mass.).  Contact:
          Hamilton Perkins  617-727-3200 (this number may be old)
          Mass. Dept. of Public Safety
          Firearms Records Bureau
          1 Ashburton Place, Room 1301
          Boston, MA 02108
               OR   19 Staniford Street
                    Boston, MA 02215
     Send $10, fingerprints, 3-page application, 2 photographs,
proof of gun safety course, and CCW.  Mass. DOES require a CCW from
your home state UNLESS your home state does not issue them or does
not require them to carry a handgun (such as Vermont).  If you
cannot provide a local CCW but the DPS, you PROBABLY can still get
a 1-year LTC if you provide a letter from your local Chief or
Sheriff stating that he/she knows of no reason why you should not
be granted a LTC in Massachusetts, AND you provide a recent copy of
a criminal record check in your home state.
     Mass. agencies usually issue restricted LTCs (target only,
hunting only, etc.)  Under statutory law there is only one kind of
LTC, and it's good to carry your concealed and loaded firearm
anywhere except schools, Federal property and courthouses.  Case
law said you could be convicted under Barley Fox if you violated
the restrictions (meaning, in theory, one year in jail, no parole,
no suspended sentence).  But since 1990 they can't convict you for
illegal possession of a handgun if you have ANY kind of valid LTC,
restricted or not, but they can (and will) take your LTC away if
you screw around, like packing a handgun in Boston with a LTC which
says "For Hunting ONLY."  You do this they'll probably also destroy
the gun.  Tread carefully in Mass, LTC or no.
     The DPS Firearms Records Bureau is notoriously overworked and
slow.  When I sent in an incomplete application, it took them 6
weeks just to open it and send it back, rejected.  If you just want
to target shoot and hunt in MA, that's all you'll get on your LTC. 
If you do a cash business or transport valuables in MA, you might
get a LTC for "Protection of Life and Property."  the Mass. LTC is
DISCRETIONARY, meaning that agencies don't have to give one to
anybody.  However, the DPS has fairly decent standards and usually
applies them in a non-discriminatory way, or so I'm told. 
Massachusetts checks NCIC and Mass. records, but does not check
your home state because they force you to do that for them.

7. PENNSYLVANIA issues CCWs by county.  Any county can issue a CCW
to a county resident OR to someone who is not a PA resident. 
Unfortunately most Sheriff's say, "I didn't know I could do that,
and I wouldn't even if I could."  Fortunately, there are at least
2 or 3 counties in PA which are pretty reasonable about giving CCWs
to law-abiding non-residents.  Requirements differ from county to
county and I don't remember which counties are the decent ones. 
Permit is good statewide, even in Philly, because of a pre-emptory
clause in the state gun laws.  (But I hear cops in Philly still
arrest people anyway sometimes, so watch out.)  One problem is that
every county in PA which WILL issue requires that you visit in
person so they know who you are.  2nd visit might be required.
8. RHODE ISLAND issues them but I'm not sure of conditions.  I do
know that you have to pass a safety course outlined by the State of
RI and you have to visit at least in person at least once, either
to apply or pick up the license.

9. CONNECTICUT does issue but I'm fuzzy on details again.  My
understanding is that you must first have a CCW in your home state. 
Then go to a friendly city/town (NOT Hartford) and convince them to
issue you a non-resident permit.  Some towns are easy, some are
hard.  Then send a copy of your town permit to the state bureau
(don't know which bureau) and some weeks later they will send you
a Connecticut state permit, good state-wide.

10. INDIANA and MICHIGAN do not issue to non-residents but
typically honor CCWs from other states.  OREGON has non-
discretionary issuance but only to residents.  ARIZONA generally
lets people carry handguns openly without a permit.  CANADA issues
temporary ones for people going to training sessions or handgun
competitions (but no magazines over 10 round-capacity allowed and
no hollowpoint ammo allowed).  CALIFORNIA and NEW YORK STATE have
discretionary issue by county and city, making it easy in some
areas and hard in others.  Both CA and NY only issue to residents,
and the NY state permit is not good in NYC without a special NYPD
endorsement.

Remember, I'm not a lawyer;  Billary could sign new anti-gun laws
any day; all Federal laws override state permits; guns on campuses
are a NO-NO; check with the state police/patrol of another state
before taking guns there; and join the NRA!

J. Case Kim

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