Weapons & Guns + Laws, Charges & Statute of Limitations

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Federal gun charges are among the most complex of federal laws. All states, as well as the federal government, have a sophisticated network of laws relating to who can possess firearms, what firearms may be possessed, where they can be used, and how they may be used. That being the case, there are many different federal gun charges possible, and some federal firearms laws may be violated even without intent to do so.

Federal Gun Laws

Federal gun laws are intended to protect the public from unlawful use of firearms, such as their illegal importation or the use of firearms in crimes. In the United States Code, 18 USC § 922 provides for penalties for anyone who attempts to engage in the importation of firearms and who is not a licensed importer, manufacturer, or dealer. In many states, the purchase of most firearms must be conducted through a licensed dealer. Private transfer of ownership between firearm owners must be appropriately documented.

YouTube Special Feature

Federal firearms laws they are often misunderstood, ignored or confused with one another. This video offers a quick look at the existing U.S. firearms laws at the Federal, State and Local levels.

Federal Gun Crimes & Charges

Federal gun laws focus mainly on the importation and manufacture of firearms. To this end, they do define certain types of firearms which are restricted from being manufactured or sold. They also define the appropriate permits and other basics for firearm ownership.

It is crucial to understand, however, that most of the legal authority in the development of firearm legislation is deferred to the states. Naturally, using a firearm in the commission of a federal offense, especially a felony, can significantly impact the way the crime is prosecuted and the appropriate sentence.

However, for the most part, federal gun charges are related to illicit trafficking of guns across state lines. This can include the importation of guns between the states or the importation of guns from a foreign country into the United States. Those who are not licensed importers, dealers, or manufacturers of firearms may not:

  • Engage in the business of importing, manufacturing, or dealing in firearms.
  • Ship, transport, or receive any ammunition as part of any interstate commerce.
  • Transport or receive firearms purchased or obtained outside the state unless under certain specific circumstances.
  • Transport in interstate or foreign commerce certain “destructive devices” or firearms including machine guns, short-barreled shotguns, or rifles.
  • Transfer, transport, give, sell, trade, or deliver any firearm to any individual whom the person has reason to believe is not a resident of the state in question.

It is important to note that this is only a selection of restricted activities and that there are many more provided for by statute. Under appropriate circumstances, appropriately registered dealers, manufacturers, or importers may engage in most of these activities, and collectors may engage in some of them as well.

Federal Gun Punishment

Punishments for gun-related crimes vary widely based upon the specific statutes violated. Likewise, if an individual makes use of a gun during a crime, he or she will be subject to mandatory minimum sentences defined by the federal government.

Federal Gun Sentencing Guidelines

The federal government defines minimum sentences ranging from five to thirty years for possessing, brandishing, or firing a gun during a crime of violence, which can include drug crimes. Federal sentencing guidelines for importation-related violations generally range between five and ten years.

Federal Gun Statute of Limitations

For noncapital crimes related to gun possession or importation, 18 USC 3282 asserts a statute of limitations of 60 months: That is, five years. However, capital crimes and violent offenses that were committed using a firearm may be prosecuted beyond this time.

Gun Cases

Federal gun cases regularly make the news in today’s United States. Here are some examples:

  • In 2013, authorities in New York announced the city’s largest seizure of illegal guns in history. The guns included an arsenal of more than 250 guns, many of them failing to conform to federal standards for gun safety and all believed to have been smuggled into the city illegally to dodge state and other reporting requirements. (New York Magazine)
  • Many federal gun charges are linked to the international transit of guns from other countries, particularly from Mexico. Since 2009, federal efforts to track and prevent smuggling of guns from cartel-based sources in Mexico have intensified. It is believed that, around that time, more than 2,000 weapons per day were illegally smuggled into the U.S. from Mexico (USA Today)

Federal Gun Charges Quick Links & References

Firearm Laws by State

The laws pertaining to guns are incredibly complex in this country. Possession, purchase, sale, methods of carry, when guns can be used, where they can be used, the types of guns people can own, how long they have to wait before they can own them, and more, are all heavily regulated. The Law Center to Prevent Gun Violence grades different states on how safe their gun laws are, an exercise that has taken and continues to take a great deal of time to complete. Because of this, the list of specific laws for each state as they relate to guns is almost endless. Below is a mere snapshot of the key laws and regulations in each state.

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
FloridaMaineNew HampshireRhode IslandWisconsin
GeorgiaMarylandNew JerseySouth CarolinaWyoming

Alabama

Under Alabama Code Title 13A: Criminal Code, Chapter 11: Offenses Against Public Order & Safety, Article 3: Offenses Relating to Firearms & Weapons:

  • Short-barreled shot guns and AKA sawed-off shotguns are prohibited. Owning one is a Class C felony – one to 10 years in prison, $15,000 fine
  • Cane guns are illegal to carry. Up to two years imprisonment and fine of $500 to $1,000.
  • Assault rifles are not regulated.
  • Deadly weapons are prohibited on public schools for grades K-12. Students bringing guns to school are expelled for one year.

Alaska

Under 11.61.200:

  • Several guns cannot be possessed, sold, transferred, or manufactured.
  • There are no waiting periods for owning guns, but convicted felons and delinquent minors cannot own them.
  • Under 11.61.195(a)(2)(A), bringing a gun on or near school grounds is a felony. Under 11.61.220(a)(4)(A); 11.61.210(a)(7)-(8), it is a misdemeanor.

Arizona

Under 13-3101, 3102:

  • Certain firearms are illegal.
  • There is no waiting period for owning a gun.
  • Those on certain court orders, convicted felons, and prisoners cannot own guns.
  • Under 13-3102(A)(12), bringing a gun on or near school grounds is either a misdemeanor or a felony.

Arkansas

Under 5-73-103, 104:

  • Various arms, including bombs and brass knuckles are illegal, and also altering a weapon’s ID or serial number.
  • There is no waiting period for owning a gun.
  • Non-restored felons, the adjudicated mentally ill, those in mental institutions, and the incarcerated cannot own guns.
  • Under 5-73-119(a)(2) bringing a gun on or near school grounds is a felony.

California

Under Penal Section Section 12020, 12021, 12071, 12072:

  • Various firearms are illegal.
  • There is a 10 day waiting period for those wanting to purchase a gun.
  • Felons, the adjudicated mentally ill, and sex offenders have a lifetime ban on owning guns.
  • Those convicted of misdemeanors face a 10 year ban on owning guns.
  • Those who have been assessed at a mental health facility face a five year ban.
  • Bringing guns on or near school property is a felony.

Colorado

Colorado Revised Statutes covering gun laws are:

  • Section 18-12-102 (possession of a dangerous or illegal weapon)
  • Section 18-12-103 (possession of a defaced firearm)
  • Section 18-12-104 (defacing a firearm)
  • Section 18-12-105 (unlawfully carrying a concealed weapon)
  • Section 18-12-105.5 (unlawfully carrying a concealed weapon on school grounds)
  • Section 18-12-106 (prohibited use of weapons)
  • Section 18-12-107.5 (illegal discharge of a firearm)
  • Section 18-12-111 (unlawful purchase of firearms)

They mandate:

  • Which weapons are classed as “dangerous”
  • That there is no waiting period for gun ownership
  • That minors and those with felony convictions cannot own guns

Penalties are:

  • Class 5 felony for 1st offense – possession of a dangerous weapon and for illegal discharge of weapon – One to three years imprisonment, $1,000 to $100,000 fine.
  • Class 4 felony for subsequent offenses of possession of a dangerous weapon and for unlawful purchase of firearms – Two to six years imprisonment, $2,000 to $500,000 fine.
  • Class 1 misdemeanor for possession of an illegal weapon, possession of a defaced firearm, and defacing a firearm – Six to 18 months imprisonment, $500 to $5,000 fine.
  • Class 2 misdemeanor for unlawfully carrying a concealed weapon and for prohibited use of weapons – Three to 12 months imprisonment, $250 to $5,000 fine.
  • Class 6 felony for unlawfully carrying a concealed weapon on school grounds – One to one and a half years imprisonment, $1,000 to $100,000 fine.

Connecticut

Newtown, CT is home to the Sandy Hook Elementary School shooting. This led to stricter gun laws, particularly focusing on AR-15 rifles. Since 2013, gun control laws mandate:

  • That assault weapons are banned. Legal owners may only transport them if their magazine holds less than 10 rounds and that they can only be used in restricted areas. Exemptions to the ban are made for various official professions.
  • That large capacity magazines are banned and may not be sold, purchased, or imported. Possession is not banned but heavily restricted.
  • That universal background checks must be conducted on anyone wanting to buy a gun. That long gun transactions must be documented and the Department of Emergency Services and Public Protection must authorize them. Long guns cannot be transferred while loaded.
  • That no one under 18 can purchase ammunition.

Delaware

Under Title 11 Section 1444 & Section 1445, Section 1448:

  • Destructive weapons are illegal.
  • There is no waiting period for buying guns.
  • Convicted felons, violent offenders, those committed for mental health, those convicted of drug offenses, juvenile delinquents up to the age of 25, and minors cannot own guns.
  • Under Title 11 Section 1457 bringing a gun on or near school grounds is a felony.

Florida

Under 790.001, et seq.:

  • Machine guns, short-barreled shotguns and rifles are illegal.
  • A three day waiting period is imposed for buying guns.
  • Minors (under 21), convicted felons (up to three years after completion of sentence), drug offenders (up to three years after conviction), alcohol and drug abusers, the adjudicated incapacitated (up to 5 years after restoration of capacity), those committed to mental institutions (up to five years after release), and those on injunction for domestic violence may not own guns.
  • Under 790.115 and 810.095, bringing a firearm on or near school grounds constitutes a felony.
  • First Stand Your Ground Law in the nation.

Georgia

Under 16-11-121, et seq.:

  • A range of firearms are illegal.
  • No waiting period is imposed for purchases, except for a license to carry a pistol, which is 60 days.
  • Felons, minors under 18, and those hospitalized in a mental institution or substance abuse treatment center (up to five years after release) may not own guns.
  • Under 16-11-127.1, bringing a gun on or near school grounds is a felony.

Hawaii

Under 134-1, et seq.

  • A range of weapons, including cannons, are illegal.
  • There is generally a 14 day waiting period for gun ownership.
  • Fugitives, those indicted for drug offenses, those in treatment for substances, those with a significant mental health diagnosis, and those under 25, cannot own a gun.
  • There are no laws prohibiting firearms on or near school grounds.

Idaho

Under Idaho Statutes 18-3302, et seq.: Firearms, Explosives and Other Deadly Weapons:

  • Destructive devices are illegal.
  • There is no waiting period for owning a gun.
  • Convicted felons, those in penal institutions, and minors under 18 without parental consent may not own a gun.
  • Under 18-3302C and 18-3302D, bringing a gun on or near school grounds is a misdemeanor.

Illinois

The following Illinois Statutes cover gun laws:

  • Section 5/24-1 (unlawful use of weapons)
  • Section 5/24-3 (unlawful sale or delivery of firearms)
  • Section 5/24-3.1 (unlawful possession of firearms and firearm ammunition)
  • Section 5/24-3.2 (unlawful discharge of firearm projectiles)
  • Section 5/24-3.3 (unlawful sale or delivery of firearms on the premises of any school)
  • Section 5/24-3.5 (unlawful purchase of a firearm)
  • Section 5/24-3.7 (use of a stolen firearm in the commission of an offense)
  • Section 5/24-3.8 (possession of a stolen firearm)

They mandate:

  • That several firearms are illegal.
  • A 72 hour waiting period for purchases.
  • That those 18 year old and below may not own a concealed weapon.
  • That those who are up to 21 year old with a misdemeanor, narcotic addicts, those committed to mental hospitals in the past five years, the mentally retarded, those in penal institutions, and felons, may not own weapons.
  • Bringing firearms on or near school grounds can be a Class 2 felony – Up to seven years in prison.

Indiana

Under 35-47-1-7; 35-47-2-7, 8; 35-47-5-4.1, 8, 11:

  • Armor-piercing handgun ammunition, sawed-off shotguns, and machine guns are banned.
  • There is no waiting period for gun purchases.
  • Convicted felons, drug or alcohol abusers, the mentally incompetent, those under 18 without parental consent, and those convicted of being unable to safely handle a handgun, may not own a firearm.
  • Under 35-47-9-2, bringing a gun on or near school grounds is a felony.

Iowa

Under Iowa Code 724.1, et seq.: Weapons:

  • A range of offensive weapons have been banned, including explosives and silencers.
  • There is no waiting period to gun ownership.
  • Convicted felons, minors under 18, those addicted to substances, those with a history of violent acts, those classed as a danger to others, and those convicted of crimes under Chapter 708 may not own firearms.
  • Under 724.4B and 724.4A, bringing a weapon on or near school grounds constitutes a felony.

Kansas

Under Kansas Statutes Chapter 21, Article Chapter 75, Article 7c: Firearms:

  • Certain types of guns are prohibited in Kansas.
  • There is no waiting period for gun ownership.
  • Children can buy and own guns. Restrictions on barrels of less than 12” unless they have parental consent.
  • Those addicted to substances, the mentally ill, and certain felons may not own guns.
  • Only employees and cops with district permission can carry guns on K-12 school grounds. Others who bring guns can be convicted of a Class B misdemeanor – Six months in jail, $1,000 fine.
  • No training is required for carrying a concealed weapon.
  • Locations where bringing a firearm is illegal must indicate so clearly.
  • Kansas received the worst grade from the Law Center to Prevent Gun Violence.

Kentucky

Kentucky Revised Statutes covering gun laws include:

  • 060, et seq.: Firearms and Destructive Devices
  • 010, et seq.: Offenses Related to Firearms and Weapons

Under the statutes:

  • Defaced firearms, “black talon” ammunition, and armor-piercing ammunition are illegal.
  • There is no waiting period for gun ownership.
  • Convicted felons and minors under 18 without parental consent may not own a gun.
  • Under 527.070, bringing a weapon on or near school grounds is a felony.

Louisiana

Under 14:95.1; 40:1751, et seq.:

  • Machine guns and submachine guns, as well as weapons with removed or altered ID numbers are illegal.
  • There is no waiting period for gun ownership.
  • Certain felons, violent criminals, and sex offenders may not own firearms.
  • Under 14:95.6 and 114:95.2, bringing a gun on or near school grounds is a misdemeanor of felony.

Maine

Under Maine Code Revised Title 15, Section 393: Possession of Firearms by Prohibited Persons and Title 17-A, Chapter 43: Weapons:

  • Certain weapons are illegal if the carrier does not have authorization.
  • Armor-piercing ammunition is prohibited.
  • Convicts of a crime that can lead to one year or more imprisonment, regardless of age, cannot own guns. Nor can those involuntarily committed to mental institutions or the criminally insane.
  • Felons may apply for a gun five years after release, but they may not have a concealed weapon permit.

Maine also has specific rules banning carrying guns in certain locations:

  • Schools – Class E misdemeanor. No firearm may be discharged within 500 feet of school grounds except on school operated gun ranges.
  • Any establishment with liquor license – the establishment must inform people of this and tips of where to store weapons are provided.
  • Court – Except for corrections or police officers.

Maine also offers concealed weapons permits and has reciprocity for this with Arkansas, Delaware, Louisiana, Michigan, North Dakota, Pennsylvania, South Dakota, and Wyoming.

Maryland

Under Maryland Code, Criminal Law, Title 4, Subtitle 1, Section 4-101 et seq.:

  • Short-barreled shotguns and rifles are illegal.
  • There is a seven day waiting period for gun purchases.
  • Fugitives, convicted felons, violent offenders, habitual drunkards or substance abusers, those who have been in an institution for mental health treatment for 30 consecutive days, and the under 21s may not own a weapon.
  • Under 27, 36A, bringing a gun on or near school grounds is a misdemeanor.

Massachusetts

Under Ch. 269 Section Section 10, et seq.; Ch. 140 Section Section 121, et seq.:

  • In some circumstances, sawed-off shotguns and machine guns are not illegal.
  • Silencers and weapons with a removed or altered ID number are illegal.
  • There is no waiting period for gun purchases.
  • Aliens, convicted felons, substance abusers, those under 18 (15-18 with parental consent), those confined for mental illness, and those ordered to surrender their license may not own weapons.
  • Under 269,10(j), bringing a gun on or near school grounds is a misdemeanor.

Michigan

Under Michigan Penal Code Chapter 750, sections 222 through 239 and Michigan Compiled Laws Chapter 28, section 422:

  • A range of weapons, accessories, and ammunition is illegal. Possession is a felony crime – Up to five years imprisonment and/or up to $2,500 fine.
  • There is no waiting period for purchases.
  • Those under 18, most convicted felons, those declared insane, those committed for mental illness, and those who did not reach 70% on the Basic Pistol Safety Questionnaire, may not own a gun.
  • Under Michigan Penal Code Chapter 750, section 237a, possessing a firearm on or near school property is a misdemeanor.

Minnesota

Under 609.66, 67; 624.713 and 624.7132:

  • A number of guns and silencers are illegal.
  • A seven day waiting period is imposed for purchases of military assault-style rifles and handguns.
  • Minors (under 18) may only own assault weapons and pistols while supervised and after completing a training course
  • Those convicted of a violent crime in the past 10 years, the mentally ill, those convicted of drug offenses who cannot prove they have been clean for two years, aliens, fugitives, and those with a dishonorable military discharge may not own weapons.
  • Under 609.66 Subd 1d, bringing a firearm on or near school grounds is a felony.

Mississippi

Under Mississippi Code Title 97: Crimes, Chapter 37: Weapons & Explosives:

  • Some firearms are illegal.
  • There is no waiting period for gun ownership.
  • Students living on campus, those under 18, convicted felons without certificate of rehabilitation, the chronically intoxicated, and those who were committed to a mental health facility in the past five years may not own guns.
  • Carrying a firearm on or near school grounds is a felony. Helping a child do so, except for BB guns, is also a felony – Up to three years in prison, $5,000 fine.
  • Non-students may bring weapons in their car to school grounds, so long as they are not displayed in an angry or threatening manner.
  • Parents or guardians can have a gun in their car when bringing or picking up kids at school.

Missouri

Under 571.020, et seq.:

  • Various weapons are illegal.
  • There is no waiting period for buying guns.
  • Convicts of dangerous felonies, fugitives, substance dependents, the mentally incompetent, those under 21, those with dishonorable military discharge, non-citizens, and those who have lived in Missouri for less than six months may not own guns.
  • Under 571.030.1, bringing a gun on or near school grounds is a misdemeanor.
  • Gun license ownership and application records are private. Any disclosure is a Class A misdemeanor.

Montana

Under 45-8-301, et seq.:

  • Unregistered machine guns, shotguns or sawed-off rifles, and silencers are illegal.
  • There is no waiting period for gun ownership.
  • No state laws regulate the private sale of firearms, only federal laws.
  • A permit is required for concealed weapons.
  • Those under 18, who have lived in Montana for less than six months, who haven’t completed mandatory weapons training, who don’t have identification, and who have a drug abuse history are unlikely to be given a concealed weapons permit.
  • Not having a concealed weapons permit – Up to $500 fine and/or up to six months in jail for 1st offense; up to $1,000 and/or up to five years in prison for subsequent offenses.
  • County and municipal governments cannot enact gun laws stricter than state laws.

Nebraska

Under 28-1201, et seq.:

  • Stolen or defaced firearms, short shotguns or rifles, and machine guns are illegal.
  • There is no waiting period for owning a gun.
  • Permits are required for carrying a concealed handgun. Not having a permit is a Class I misdemeanor for 1st offense, Class IV felony for subsequent offenses.
  • Those under 18 may not own short-barreled hand firearms, pistols, or revolvers without supervision.
  • Fugitives and convicted felons may not own weapons with a barrel less than 18”.
  • Those convicted of a domestic violence misdemeanor in the past seven years and those on a protective restraining order may not own firearms.
  • Under 28-1204.04, carrying firearms on or near school grounds is a Class IV felony.

Nevada

Under 202.253, et seq.:

  • Various weapons and accessories/ammunition are illegal.
  • An up to 120 waiting period is in force for a concealed weapons permit.
  • Those under the age of 14 who are unsupervised, non-pardoned felons, fugitives, those addicted to substances, the mentally ill, and illegal immigrants may not own firearms.
  • Under 202.265, bringing a weapon on or near school grounds is a misdemeanor.

New Hampshire

Under 159:1, et seq.:

  • Various weapons and accessories are illegal.
  • There is no waiting period for gun ownership.
  • Armed career criminals, convicted felons, and minors may not own firearms.
  • A license is needed for a concealed weapon. Unloaded handguns may be carried openly. Loaded long guns may not be carried in motor vehicles.
  • 193-D:1 covers unlawful possession or sale of a firearm or other dangerous weapon in a school zone.

New Jersey

Under 2C:39-1, et seq.; 2C:58-1, et seq.:

  • Various firearms are illegal.
  • There is a 30 day waiting period for residents and 45 day waiting period for non-residents for handguns.
  • Convicts of certain crimes, those committed for mental disorder without proof of no longer having this disorder, those convicted of drug crimes, the under 18, the drug dependent, and those with certain physical defects may not own firearms.
  • Under 2C:39-5e, bringing a firearm on or near school grounds is a misdemeanor.

New Mexico

Under New Mexico Statutes 30-7-1 et seq.: Weapons and Explosives:

  • No arms are mandated illegal.
  • There is no waiting period for gun ownership.
  • Felons are restricted from possessing firearms under 30-7-16.
  • Under 30-7-2.1 , bringing a gun on or near school grounds is a felony.

New York

New York passed the NY SAFE Act after the Sandy Hook Elementary School massacre in 2012. Under New York Penal Law Article 265 sections (firearms and other dangerous weapons) and the NY SAFE Act Provisions:

  • High capacity magazines are banned.
  • Ammunition dealers must perform background checks.
  • An assault weapons registry is created.
  • Stolen guns must be reported within 24 hours.
  • Carry permits are necessary and are not state-wide.
  • A permit is needed to purchase handguns (not long guns).
  • Under New York Penal Law Section 265.01-a (criminal possession of a weapon on school grounds) bringing a gun on or near school grounds is a violation under Section 265.06 (unlawful possession of a weapon upon school grounds) – Felony.

North Carolina

The relevant North Carolina General Statutes are:

  • Article 35: Offenses Against the Public Peace
  • Article 36: Offenses Against the Public Safety
  • Article 52A: Sale of Weapons in Certain Counties
  • Article 53: Sale of Weapons in Certain Other Counties
  • Article 53A: Other Firearms
  • Article 53B: Firearm Regulation
  • Article 53C: Sport Shooting Range Protection Act of 1997
  • Article 54A: The Felony Firearms Act
  • Article 54B: Concealed Handgun Permit

They mandate that:

  • Various weapons are illegal.
  • There is a 30 day waiting period for concealed handgun carry permits. A permit lasts for five years and must be kept on the person with one form of ID when the weapon is carried.
  • Felons for five years after completion of sentence, fugitives from justice, unlawful drug users, those deemed mentally incompetent, and illegal immigrants may not own a firearm.
  • Under section 14-269.2(b) bringing a weapon on or near schools or school-sponsored events is a felony.

North Dakota

Under 62.1-02-01, et seq.:

  • Various weapons are banned.
  • There is no waiting period for gun ownership.
  • Felons for 10 years after completion of sentence, Class A misdemeanor convicts for five years after completing their sentence, those diagnosed mentally ill for a period of three years, those under 18 who are unsupervised and not using the weapon for target shooting, hunting, or safety training may not own a weapon.
  • Gun ownership rights may be restored in certain situations.
  • Under 62.1-02-05, bringing a gun on or near school grounds is a misdemeanor.

Ohio

Under 2923.11, et seq.:

  • Various arms are illegal.
  • There is no waiting period for gun ownership.
  • Fugitives, those indicted on violent or drug offenses, substance dependents, the mentally incompetent and those under 18 (except under supervision for marksmanship or hunting) may not own weapons.
  • Under 2923.122 bringing a weapon on or near school grounds is a felony.

Oklahoma

Under Oklahoma Statutes Title 21 Section Section 1272, et seq.: Firearm Regulations:

  • Slung shot and sawed-off rifles and shotguns are illegal.
  • There is no waiting period for gun ownership.
  • Minors (except under adult supervision for hunting), non-pardoned felons, and the mentally incompetent may not own firearms.
  • Under Oklahoma Statutes Title 21, Section 1277, bringing a firearm on or near school grounds is a misdemeanor or a felony under Oklahoma Statutes Title 21 Section 1280.1.

Oregon

Under 166.250, et seq.:

  • Various arms are illegal.
  • A permit for carrying concealed handguns is required.
  • There is no waiting period, but a criminal background check is conducted at point of sale.
  • Those under 18 (except with parental consent for hunting), convicted felons within four years of sentence completion, the mentally ill, those under prohibition orders, and inmates may not own a firearm.
  • Under 166.370, bringing a weapon on or near school grounds constitutes a felony offense.

Pennsylvania

Under Tit. 18 Section Section 908, 6105, 6110.1, 6111:

  • A range of weapons are illegal.
  • There is a 48 hour waiting period after a gun sale.
  • Convicted felons, violent offenders, those under 18, drug offenders, substance abusers, the mentally ill, fugitives, illegal immigrants, those deemed incompetent, those with three DUI convictions in five years, and those on an active protection from abuse order may not own weapons.
  • Under 912, bringing a weapon on or near school grounds is a misdemeanor.

Rhode Island

Under 11-47-2, et seq.:

  • Various weapons, accessories, and ammunition are illegal.
  • A seven day waiting period for purchases is imposed, during which time a background check is performed.
  • Concealed carry permits are given under “shall issue” rules to those over 21 and are valid for four years subject to renewal. Processing time is 90 days.
  • Illegal immigrants, the mentally incompetent, substance abusers, violent criminals, fugitives, and minors under 18 without parental consent and license, may not own weapons.
  • Under 11-47-60 and 11.-47-60.2, bringing a firearm on or near school grounds is a felony.

South Carolina

Under South Carolina Code of Laws 16-23-10, et seq.: Offenses Involving Weapons:

  • Various weapons and ammunition are illegal.
  • There is no waiting period for gun ownership.
  • Those convicted of violent crimes, members of subversive organizations, those under 21 not in the military, those declared unfit for possession, fugitives, substance abusers, and the mentally incompetent may not own weapons.
  • Under 16-23-420 and 430, bringing a weapon on or near school grounds is either a misdemeanor or a felony.

South Dakota

Under 22-1-2; 22-14-6, 16; 23-7-9, 46:

  • Various weapons are illegal.
  • There is no waiting period in gun sales.
  • Felons convicted in the past 15 years, minors under 18, and those convicted of drug possession in the past five years may not own a weapon.
  • Under 13-32-7, bringing a weapon on or near school grounds is a misdemeanor.

Tennessee

Under 39-17-1301, et seq.:

  • Various weapons are illegal.
  • There is no waiting time, but a $10 fee is paid to the Tennessee Bureau of Investigations for a mandatory background check.
  • Felons with a conviction of more than one year an no pardon or expungement, fugitives, those of unsound mind, minors, substance abusers, and those convicted of illegally selling alcohol may not own weapons.
  • Under 39-17-1309, bringing a weapon on or near school grounds can be either a misdemeanor or a felony.

Texas

Under Penal Section Section 46.05, et seq.:

  • Various arms are illegal.
  • There is no waiting period for gun purchases.
  • Felons within five years of release, minors (under 18) without parental consent, and those confined in penal institutions may not own guns.
  • Under Penal 64.03 and 46.11, bringing a gun on or near school grounds is a felony.

Utah

Under Utah Code 76-10-500, et seq.: Weapons:

  • Revolvers and defaced pistols are illegal.
  • There is no waiting period for gun ownership.
  • Violent offenders, substance abusers, the mentally incompetent, and minors with some exceptions may not own weapons. Illegal immigrants and those with a dishonorable discharge from the army may not own handguns.
  • Under 76-10-505.5, bringing a weapon on or near school grounds is a misdemeanor. Under 76-3-203, it is a felony.

Vermont

Under Tit. 13 Section Section  4001, et seq.:

  • Weapons of mass destruction, “zip” guns, and silencers are illegal.
  • There is no waiting period for gun ownership.
  • Those under 16 without parental consent may not own weapons.
  • Laws are in place to prohibit bringing guns on or near school grounds.

Virginia

Under 18.2-279, et seq.:

  • Machine guns and sawed-off rifles and shotguns are illegal.
  • State police have until the end of the following business day to check criminal records over the telephone.
  • Felons, those on a protective order, aliens, and the legally incompetent may not own firearms. Minors may not own handguns.
  • Under 18.2-308.1, it is a felony to bring a firearm on or near school grounds.

Washington

Under 9.41.040, et seq.

  • Various weapons are illegal.
  • Aliens, violent offenders, felons using firearms, minors under 18, drug offenders, those with three DUI convictions in five years, and those committed for mental illness may not own guns.
  • Under 9.41.280, bringing a firearm on or near school is a misdemeanor.

West Virginia

Under West Virginia Code Chapter 61, Article 7: Dangerous Weapons:

  • Various weapons are illegal.
  • There is no waiting period for gun purchases.
  • Those over 21 may have a concealed carry license. Those between 18 and 21 can do so if it is a professional necessity.
  • West Virginia recognizes reciprocity for concealed permits for those over 21.
  • Felons, those with a military dishonorable discharge, the mentally incompetent, undocumented people, substance abusers, minors under 18 without parental consent, those with a restraining order for domestic violent, and those with assault or battery misdemeanor charges may not own a weapon. If records are pardoned or expunged, gun rights are restored.
  • Carrying a gun on or near school grounds is a felony offense except for law enforcement offices, unloaded weapons locked inside a car, the WVU Mountaineer or Parkersburg South High School Patriot mascots, and unloaded guns displayed for school raffles. Violations lead to two to ten years in prison and $5,000 fine.

Wisconsin

Under 175.35; 941.26, et seq.:

  • Silencers, short-barreled shotguns and rifles, and all fully automatic weapons are banned.
  • There is a 48 hour waiting period for gun purchases.
  • Felons and those declared mentally incompetent may not own weapons.
  • Under 948.605, bringing a weapon on or near school grounds is a misdemeanor.

Wyoming

Under 6-8-102, et seq.:

  • Illegal weapons have not been listed.
  • There is no waiting period for buying guns.
  • Felons or attempted felons may not own firearms.
  • Under 6-8-104, it is not permitted to bring firearms on or near school grounds.
Geoffrey Nathan, Esq.

About Geoffrey Nathan, Esq.

Geoffrey G Nathan is a top federal crimes lawyer and Chief Editor of FederalCharges.com. He is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. If you have questions about your federal case he can help by calling 877.472.5775.