Location:
WEAPONS - GUN CONTROL;
Scope:
Connecticut laws/regulations; Other States laws/regulations; Federal laws/regulations; Court Cases;

OLR Research Report


August 7, 2012

 

2012-R-0345

PENALTIES FOR ILLEGAL HANDGUN POSSESSION

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*

Conn. Gen. Stat. 29-28, 29-33, 29-36f

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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