Concealed carry in the United States

Permitting policies

• Unrestricted jurisdiction: one in which a permit is not required to carry a concealed handgun
• Shall-issue jurisdiction: one that requires a license to carry a concealed handgun, but where the granting of such licenses is subject only to meeting determinate criteria laid out in the law; the granting authority has no discretion in the awarding of the licenses, and there is no requirement of the applicant to demonstrate "good cause"
• May-issue jurisdiction: one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities (frequently the sheriff's department or police)
• No-issue jurisdiction: one that – with very limited exceptions – does not allow any private citizen to carry a concealed handgun in public

Status of concealed carry, by jurisdiction

Jurisdiction[12]	Unrestricted	Shall-issue	May-issue	No-issue	Non-Resident Permits Available	Permit Reciprocity[13]	Disputed
Alabama		Y[14]				Yes
Alaska	Y	YFor reciprocity purposes				Yes
American Samoa				Y		No
Arizona	Y	YFor reciprocity purposes			Y	Yes
Arkansas	Only when upon a journey beyond one's county of residence[15]	Y				Yes	Y
California		In practice in 35 out of 58 counties as of January 2018; cities within those counties may be stricter.[16]	Y	In practice in 12 of 58 Counties as of January 2018, cities within those counties may be more lenient.[17]		No	Y
Colorado		Y				Partial (33 states); Resident permits only
Connecticut		In practice[18]	Y		Y	No
Delaware			Y		Rarely issued	Partial (21 states)
District of Columbia	Briefly from July 27, 2015 – July 29, 2015. See below for details.	Y			Y[19]	No
Florida		Y			Y	Partial (35 states); Resident permits only
Georgia		Y				Partial (32 states)
Guam		Y[20]				No
Hawaii			Y	In practice[21]		No	Y
Idaho	YIdaho residents 21 years or older only.[22]	YFor reciprocity purposes			Y	Yes
Illinois	Unloaded and enclosed in a case, firearm carrying box, shipping box, or other container[23][24][25][26][27]	Y[28][29][30][31]			Only for residents of Arkansas, Mississippi, Texas and Virginia.[32]	Vehicle carry only
Indiana		Y			Y	Yes
Iowa		Y			Y	Yes
Kansas	Y	YFor reciprocity purposes				Yes
Kentucky		Y				Yes
Louisiana		Y				Partial (37 states)
Maine	YDuty to inform if carrying concealed without permit.	YFor reciprocity purposes			Y	Partial (27 states); Resident permits only
Maryland			Y	In practice[33]	Rarely issued[33]	No
Massachusetts			Y	In practice in some cities/counties	Rarely issued	No
Michigan		Y				Yes; Resident permits only
Minnesota		Y			Y	Partial (15 states)
Mississippi	YOnly if carried in a belt/shoulder holster, sheath,[34] purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.[35]	YFor reciprocity purposes, or to carry concealed without a holster, in an ankle holster, or using any other method not covered by the law's exception.				Yes
Missouri	Y	YFor reciprocity purposes and open carry in localities where restricted.				Yes
Montana	Outside of city limits.	Y				Partial (43 states)
Nebraska		Y			Partial (38 states)
Nevada		Y			Y	Partial (30 states)
New Hampshire	Y	YFor reciprocity purposes.			Y	Partial (28 states); Resident permits only
New Jersey			Y	In practice[36][37]	Rarely issued[36][37]	No
New Mexico	Unloaded.	Y				Partial (24 states)
New York			Y	In practice in some cities/counties, e.g. NYC[38]		No
North Carolina		Y[39]				Yes
North Dakota	YNorth Dakota residents only. Duty to inform if carrying concealed without permit.	YFor reciprocity purposes and open carry.			Y	Partial (39 states)
Northern Mariana Islands				Y		No
Ohio		Y			Y	Yes
Oklahoma	Residents of permitless carry states with valid ID.	Y				Yes
Oregon		Y[40]			Y Only for residents of CA, ID, NV, and WA.	No
Pennsylvania		Y			Y	Partial (29 states); Resident permits only
Puerto Rico	From June 20, 2015 to October 31, 2016.	In practice[41]	Y			Has reciprocity law, but does not recognize any other state permits	Y
Rhode Island		YLocal permits	YAttorney General issued permits	In practice for permits issued by the Attorney General's office	Rarely issued	Vehicle carry only	Y
South Carolina		Y			Y	Partial (23 states); Resident permits only
South Dakota		Y				Yes
Tennessee		Y[42]			Y	Yes
Texas		Y[43][44]			Y	Partial (43 states)
United States Virgin Islands			Y	In practice		Has reciprocity law, but does not recognize any other state permits
Utah		Y[45]			Y	Yes
Vermont	Y					N/A
Virginia		Y[46]			Y	Yes[47]
Washington		Y			Y	Partial (10 states)
West Virginia	Y[48][49][50][51]	YFor reciprocity purposes.				Partial (35 states)
Wisconsin		Y				Partial (42 states)
Wyoming	YWyoming residents only.	YFor reciprocity purposes.				Partial (35 states)
U.S. Military installations			Y[52]			No
Native American reservations			Y		Varies	Varies

State regulations relating to the issuance of concealed carry permits generally fall into four categories described as Unrestricted, Shall Issue, May Issue, and No Issue.

Training requirements

Some states require concealed carry applicants to certify their proficiency with a firearm through some type of training or instruction. Certain training courses developed by the National Rifle Association that combine classroom and live-fire instruction typically meet most state training requirements. Some states recognize prior military or police service as meeting training requirements.^[79]

Classroom instruction would typically include firearm mechanics and terminology, cleaning and maintenance of a firearm, concealed carry legislation and limitations, liability issues, carry methods and safety, home defense, methods for managing and defusing confrontational situations, and practice of gun handling techniques without firing the weapon. Most required CCW training courses devote a considerable amount of time to liability issues.

Depending on the state, a practical component during which the attendee shoots the weapon for the purpose of demonstrating safety and proficiency, may be required. During range instruction, applicants would typically learn and demonstrate safe handling and operation of a firearm and accurate shooting from common self-defense distances. Some states require a certain proficiency to receive a passing grade, whereas other states (e.g., Florida) technically require only a single-shot be fired to demonstrate handgun handling proficiency.

CCW training courses are typically completed in a single day and are good for a set period, the exact duration varying by state. Some states require re-training, sometimes in a shorter, simpler format, for each renewal.

A few states, e.g., South Carolina, recognize the safety and use-of-force training given to military personnel as acceptable in lieu of formal civilian training certification. Such states will ask for a military ID (South Carolina) for active persons or DD214 for honorably discharged persons. These few states will commonly request a copy of the applicant's BTR (Basic Training Record) proving an up-to-date pistol qualification. Active and retired law enforcement officers are generally exempt from qualification requirements, due to a federal statute permitting retired law enforcement officers to carry concealed weapons in the United States.^[80]

Virginia recognizes eight specific training options to prove competency in handgun handling, ranging from DD214 for honorably discharged military veterans, to certification from law enforcement training, to firearms training conducted by a state or NRA certified firearms instructor including electronic, video, or on-line courses. While any one of the eight listed options will be considered adequate proof, individual circuit courts may recognize other training options.^[79] A small number of states, such as Alabama and Georgia, have no training requirements to obtain a permit—only a requirement that the applicant successfully pass the required background check before issuance.

Reciprocity

Permit reciprocity^[13][81]

  Full reciprocity

  Full reciprocity for resident permits

  Vehicle carry only

  Partial reciprocity

  No reciprocity

CCW Reciprocity

Many jurisdictions recognize (honor) a permit or license issued by other jurisdictions. Recognition may be granted to all jurisdictions or some subset which meets a set of permit-issuing criteria, such as training comparable to the honoring jurisdiction or certain background checks. Several states have entered into formal agreements to mutually recognize permits. This arrangement is commonly called reciprocity or mutual recognition. A few states do not recognize permits issued by any other jurisdiction, but offer non-resident permits for out-of-state individuals (who possess a valid concealed carry permit from their home state) who wish to carry while visiting such states. There are also states that neither recognize out-of-state concealed carry permits nor issue permits to non-residents, resulting in a complete ban on concealed carry by non-residents in such states.

Recognition and reciprocity of concealed carry privileges varies. Some states (e.g. Indiana, Kentucky, Ohio) unilaterally recognize all permits. Others such as Michigan, limit such universal recognition to residents of the permit-issuing state.^[82] While 37 states have reciprocity agreements with at least one other state and several states honor all out-of-state concealed carry permits, some states have special requirements like training courses or safety exams, and therefore do not honor permits from states that do not have such requirements for issue. Some states make exceptions for persons under the minimum age (usually 21) if they are active or honorably-discharged members of the military or a police force (the second of these two is allowed under Federal law). States that do not have this exemption generally do not recognize any license from states that do. An example of this is the State of Washington's refusal to honor any Texas LTC as Texas has the military exception to age.^[83] Idaho and Missouri also have standard and enhanced permits that have different requirements to obtain and also have unique reciprocity with different states.^[84]

Ohio permits have the highest recognition in 40 states. One can obtain multiple state permits in an effort to increase the number of states where that user can carry a legally concealed weapon. It is common practice to use a CCW Reciprocity Map^[85] to gain clarity on which states will honor the person's combination of resident and non-resident permits given the variety of standards and legal policies from state to state. There are also various mobile applications^[86] that guide users in researching state concealed carry permit reciprocity.

Although carry may be legal under State law in accordance with reciprocity agreements, the Federal Gun Free School Zones Act subjects an out-of-state permit holder to federal felony prosecution if they carry a firearm within 1000 feet of any K–12 school's property line; however, the enforcement of this statute is rare given several states' nullification statutes prohibiting state law enforcement officers from enforcing federal firearms laws.

Restricted premises

While generally a concealed carry permit allows the permit holder to carry a concealed weapon in public, a state may restrict carry of a firearm including a permitted concealed weapon while in or on certain properties, facilities or types of businesses that are otherwise open to the public. These areas vary by state (except for the first item below; Federal offices are subject to superseding Federal law) and can include:

• Federal government facilities, including post offices, IRS offices, federal court buildings, military/VA facilities and/or correctional facilities, Amtrak trains and facilities, and Corps of Engineers-controlled property (carry in these places is prohibited by Federal law and preempts any existing State law). Carry on land controlled by the Bureau of Land Management (federal parks and wildlife preserves) is allowed by Federal law as of the 2009 CARD Act, but is still subject to state law. However, carry into restrooms or any other buildings or structures located within federal parks is illegal in the United States, despite concealed carry being otherwise legal in federal parks with a permit recognized by the state in which the federal park is located. Similarly, concealed carry into caves located within federal parks is illegal.
• State and local government facilities, including courthouses, DMV/DoT offices, police stations, correctional facilities, and/or meeting places of government entities (exceptions may be made for certain persons working in these facilities such as judges, lawyers, and certain government officials both elected and appointed)
• Venues for political events, including rallies, parades, debates, and/or polling places
• Educational institutions including elementary/secondary schools and colleges. Some states have "drop-off exceptions" which only prohibit carry inside school buildings, or permit carry while inside a personal vehicle on school property. Campus carry laws vary by state.
• Public interscholastic and/or professional sporting events and/or venues (sometimes only during a time window surrounding such an event)
• Amusement parks, fairs, parades and/or carnivals
• Businesses that sell alcohol (sometimes only "by-the-drink" sellers like restaurants, sometimes only establishments defined as a "bar" or "nightclub", or establishments where the percentage of total sales from alcoholic beverages exceeds a specified threshold)
• Hospitals (even if hospitals themselves are not restricted, "teaching hospitals" partnered with a medical school are sometimes considered "educational institutions"; exceptions are sometimes made for medical professionals working in these facilities)
• Churches, mosques and other "Houses of worship," usually at the discretion of the church clergy (Ohio allows with specific permission of house of worship)^[87]
• Municipal mass transit vehicles or facilities
• Sterile areas of airports (sections of the airport located beyond security screening checkpoints, unless explicitly authorized)
• Non-government facilities with heightened security measures (Nuclear facilities, power plants, dams, oil and gas production facilities, banks, factories, unless explicitly authorized)
• Aboard aircraft or ships unless specifically authorized by the pilot in command or ship captain
• Private property where the lawful owner or lessee has posted a sign or verbally stated that firearms are not permitted
• Any public place, while under the influence of alcohol or drugs (including certain prescription or over-the-counter medications, depending on jurisdiction)

"Opt-out" statutes ("gun-free zones")

Some states allow private businesses to post a specific sign prohibiting concealed carry within their premises. The exact language and format of such a sign varies by state. By posting the signs, businesses create areas where it is illegal to carry a concealed handgun; similar to regulations concerning schools, hospitals, and public gatherings.

Violation of such a sign, in some of these states, is grounds for revocation of the offender's concealed carry permit and criminal prosecution. Other states, such as Virginia, enforce only trespassing laws when a person violates a "Gun Free Zone" sign. In some jurisdictions trespass by a person carrying a firearm may have more severe penalties than "simple" trespass, while in other jurisdictions, penalties are lower than for trespass.^[88]

Such states include: Arizona, Arkansas, Connecticut, Illinois, Kansas, Louisiana, Michigan, Minnesota, Missouri, Nebraska,^[89] Nevada, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wisconsin.

There is considerable dispute over the effectiveness of such "gun-free zones". Opponents of such measures, such as OpenCarry.org, state that, much like other malum prohibitum laws banning gun-related practices, only law-abiding individuals will heed the signage and disarm. Individuals or groups intent on committing far more serious crimes, such as armed robbery or murder, will not be deterred by signage prohibiting weapons. Further, the reasoning follows that those wishing to commit mass murder might intentionally choose gun-free venues like shopping malls, schools and churches (where weapons carry is generally prohibited by statute or signage) because the population inside is disarmed and thus less able to stop them.^[90][91]

In some states, business owners have been documented posting signs that appear to prohibit guns, but legally do not because the signs do not meet local or state laws defining required appearance, placement, or wording of signage. Such signage can be posted out of ignorance to the law, or intent to pacify gun control advocates while not actually prohibiting the practice. The force of law behind a non-compliant sign varies based on state statutes and case law. Some states interpret their statutes' high level of specification of signage as evidence that the signage must meet the specification exactly, and any quantifiable deviation from the statute makes the sign non-binding. Other states have decided in case law that if efforts were made in good faith to conform to the statutes, the sign carries the force of law even if it fails to meet current specification. Still others have such lax descriptions of what is a valid sign that virtually any sign that can be interpreted as "no guns allowed" is binding on the license holder.

Note that virtually all jurisdictions allow some form of oral communication by the lawful owner or controller of the property that a person is not welcome and should leave. This notice can be given to anyone for any reason (except for statuses that are protected by the Federal Civil Rights Act of 1964 and other CRAs, such as race), including due to the carrying of firearms by that person, and refusal to heed such a request to leave may constitute trespassing.

Brandishing and printing

Printing refers to a circumstance where the shape or outline of a firearm is visible through a garment while the gun is still fully covered, and is generally not desired when carrying a concealed weapon. Brandishing can refer to different actions depending on jurisdiction. These actions can include printing through a garment, pulling back clothing to expose a gun, or unholstering a gun and exhibiting it in the hand. The intent to intimidate or threaten someone may or may not be required legally for it to be considered brandishing.

Brandishing is a crime in most jurisdictions, but the definition of brandishing varies widely.

Under California law, the following conditions have to be present to prove brandishing:

[1] A person, in the presence of another person, drew or exhibited a [deadly weapon, other than a firearm] [firearm, whether loaded or unloaded]; [and] [2] That person did so in a rude, angry, or threatening manner [or] [2] That person, in any manner, unlawfully used the [deadly weapon] [firearm] in a fight or quarrel] [.] [; and [3] The person was not acting in lawful self-defense.]^[92]

In Virginia law:

It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense.

— Code of Virginia 18.2-282^[93]

Gun Control Act of 1968

The Gun Control Act passed by Congress in 1968 lists felons, illegal aliens, and other codified persons as prohibited from purchasing or possessing firearms. During the application process for concealed carry states carry out thorough background checks to prevent these individuals from obtaining permits. Additionally the Brady Handgun Violence Prevention Act created an FBI maintained system in 1994 for instantly checking the backgrounds of potential firearms buyers in an effort to prevent these individuals from obtaining weapons.

Firearm Owners Protection Act

The Firearm Owners Protection Act (FOPA) of 1986 allows a gun owner to travel through states in which their firearm possession is illegal as long as it is legal in the states of origination and destination, the owner is in transit and does not remain in the state in which firearm possession is illegal, and the firearm is transported unloaded and in a locked container. The FOPA addresses the issue of transport of private firearms from origin to destination for purposes lawful in state of origin and destination; FOPA does not authorize concealed carry as a weapon of defense during transit. New York State Police do not recognize this law. If caught you will be arrested and then required to use FOPA as an affirmative defense to the charges of illegal possession.

Law Enforcement Officer's Safety Act

In 2004, the United States Congress enacted the Law Enforcement Officers Safety Act, 18 U.S. Code 926B and 926C. This federal law allows two classes of persons – the "qualified law enforcement officer" and the "qualified retired law enforcement officer" – to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.

Federal Gun Free School Zones Act

The Federal Gun Free School Zone Act limits where a person may legally carry a firearm. It does this by making it generally unlawful for an armed citizen to be within 1000 feet (extending out from the property lines) of a place that the individual knows, or has reasonable cause to believe, is a K–12 school. Although a State-issued carry permit may exempt a person from this restriction in the State that physically issued their permit, it does not exempt them in other States which recognize their permit under reciprocity agreements made with the issuing State. The law's failure to provide adequate protection to LEOSA-qualified officers, licensed concealed carry permit holders, and other armed citizens, is an issue that the United States Congress so far has not addressed.

Federal property

Some federal statutes restrict the carrying of firearms on the premises of certain Federal properties such as military installations or land controlled by the USACE.^[94]

National park carry

On May 22, 2009, President Barack Obama signed H.R. 627, the "Credit Card Accountability Responsibility and Disclosure Act of 2009," into law. The bill contained a rider introduced by Senator Tom Coburn (R-OK) that prohibits the Secretary of the Interior from enacting or enforcing any regulations that restrict possession of firearms in National Parks or Wildlife Refuges, as long as the person complies with laws of the state in which the unit is found.^[95] This provision was supported by the National Rifle Association and opposed by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association, and the Coalition of National Park Service Retirees, among other organizations.^[96][97] As of February 2010 concealed handguns are for the first time legal in all but 3 of the nation's 391 national parks and wildlife refuges so long as all applicable federal, state, and local regulations are adhered to.^[98] Hawaii is a notable exception. Concealed and open carry are both illegal in Hawaii for all except retired military or law enforcement personnel. Previously firearms were allowed into parks if cased and unloaded.

Full faith and credit (CCW permits)

Attempts were made in the 110th Congress, United States House of Representatives (H.R. 226) and the United States Senate (S. 388), to enact legislation to compel complete reciprocity for concealed carry licenses. Opponents of national reciprocity have pointed out that this legislation would effectively require states with more restrictive standards of permit issuance (e.g., training courses, safety exams, "good cause" requirements, et al.) to honor permits from states with more liberal issuance policies. Supporters have pointed out that the same situation already occurs with marriage certificates, adoption decrees and other state documents under the "full faith and credit" clause of the U.S. Constitution.^[99] Some states have already adopted a "full faith and credit" policy treating out-of-state carry permits the same as out-of-state driver's license or marriage certificates without federal legislation mandating such a policy.^[100] In the 115th Congress, another universal reciprocity bill, the Concealed Carry Reciprocity Act of 2017, was introduced by Richard Hudson. The bill passed the House and is awaiting a vote by the Senate.^[101]

Court rulings

Prior to the 1897 supreme court case Robertson v. Baldwin,^[102] the federal courts had been silent on the issue of concealed carry. In the dicta from a maritime law case the Supreme Court commented that state laws restricting concealed weapons do not infringe upon the right to bear arms protected by the Federal Second Amendment.^[103]

In the majority decision in the 2008 Supreme Court case of District of Columbia v. Heller, Justice Antonin Scalia wrote;

Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues ... The majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.^[104]

Heller was a landmark case because for the first time in United States history a Supreme Court decision defined the right to bear arms as constitutionally guaranteed to private citizens rather than a right restricted to "well regulated militia[s]". The Justices asserted that sensible restrictions on the right to bear arms are constitutional, however, an outright ban on a specific type of firearm, in this case handguns, was in fact unconstitutional. The Heller decision is limited because it only applies to federal enclaves such as the District of Columbia. In 2010 the SCOTUS expanded Heller in McDonald v. Chicago incorporating the 2nd Amendment through the 14th Amendment as applying to local and state laws. Various Circuit Courts have upheld their local and state laws using intermediate scrutiny. The correct standard is strict scrutiny review for all "fundamental" and "individual" rights.^[105][106] On June 28, 2010, the U.S. Supreme Court struck down the handgun ban enacted by the city of Chicago, Illinois, in McDonald v. Chicago, effectively extending the Heller decision to states and local governments nationwide.^[107] Banning handguns in any jurisdiction has the effect of rendering invalid any licensed individual's right to carry concealed in that area except for federally exempted retired and current law enforcement officers and other government employees acting in the discharge of their official duties.

Legal liability

Even when self-defense is justified, there can be serious civil or criminal liabilities related to self-defense when a concealed carry permit holder brandishes or fires his/her weapon. For example, if innocent bystanders are hurt or killed, there could be both civil and criminal liabilities even if the use of deadly force was completely justified.^[108][109] Some states technically allow an assailant who is shot by a gun owner to bring civil action. In some states, liability is present when a resident brandishes the weapon, threatens use, or exacerbates a volatile situation, or when the resident is carrying while intoxicated. It is important to note that simply pointing a firearm at any person constitutes felony assault with a deadly weapon unless circumstances validate a demonstration of force. A majority of states who allow concealed carry, however, forbid suits being brought in such cases, either by barring lawsuits for damages resulting from a criminal act on the part of the plaintiff, or by granting the gun owner immunity from such a civil suit if it is found that he or she was justified in shooting.

Simultaneously, increased passage of "Castle Doctrine" laws allow persons who own firearms and/or carry them concealed to use them without first attempting to retreat. The "Castle Doctrine" typically applies to situations within the confines of one's own home.^[110] Nevertheless, many states have adopted escalation of force laws along with provisions for concealed carry. These include the necessity to first verbally warn a trespasser or lay hands on a trespasser before a shooting is justified (unless the trespasser is armed or assumed to be so). This escalation of force does not apply if the shooter reasonably believes a violent felony has been or is about to be committed on the property by the trespasser. Additionally some states have a duty to retreat provision which requires a permit holder, especially in public places, to vacate him or herself from a potentially dangerous situation before resorting to deadly force. The duty to retreat does not restrictively apply in a person's home or business though escalation of force may be required. In 1895 the Supreme Court ruled in Beard v. United States (1895) that if an individual does not provoke an assault and is residing in a place they have a right to be then they may use considerable force against someone they reasonably believe may do them serious harm without being charged with murder or manslaughter should that person be killed.^[111] Further, in Texas^[112] and California^[113][114] homicide is justifiable solely in defense of property. In other states, lethal force is only authorized when serious harm is presumed to be imminent.

Even given these relaxed restrictions on use of force, using a handgun must still be a last resort in some jurisdictions; meaning the user must reasonably believe that nothing short of deadly force will protect the life or property at stake in a situation. Additionally, civil liabilities for errors that cause harm to others still exist, although civil immunity is provided in the Castle Doctrine laws of some states (e.g., Texas).^[115]

Penalties for carrying illegally

Criminal possession of a weapon is the unlawful possession of a weapon by a citizen. Many societies both past and present have placed restrictions on what forms of weaponry private citizens (and to a lesser extent police) are allowed to purchase, own, and carry in public. Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil. Rather, the potential for use in acts of unlawful violence creates a possible need to control them. Some restrictions are strict liability, whereas others require some element of intent to use the weapon for an illegal purpose. Some regulations allow a citizen to obtain a permit or other authorization to possess the weapon under certain circumstances. Lawful uses of weapons by civilians commonly include hunting, sport, collection and self-preservation.

The penalties for carrying a firearm in an unlawful manner varies widely from state-to-state, and may range from a simple infraction punishable by a fine to a felony conviction and mandatory incarceration. An individual may also be charged and convicted of criminal charges other than unlawful possession of a firearm, such as assault, disorderly conduct, or disturbing the peace. In the case of an individual with no prior criminal convictions, the state of Tennessee classifies the unlawful concealed carry of a loaded handgun as a Class C misdemeanor punishable by a maximum of 30 days imprisonment and/or a $500 fine.^[116] While in New York State, a similar crime committed by an individual with no criminal convictions is classified as a Class D felony, punishable by a mandatory minimum of 3.5 years imprisonment, to a maximum of 7 years.^[117][118] As New York State does not recognize any pistol permits issued in other states, the statute would apply to any individual who does not have a valid New York State issued concealed carry permit, even if such individual has a valid permit issued in another jurisdiction.^[119] In addition, the New York State statutory definition of a "loaded firearm" differs significantly from what may be commonly understood, as simply possessing any ammunition along with a weapon capable of firing such ammunition satisfies the legal definition of a loaded firearm in New York.^[120] The large variability of state carry laws has resulted in confusing circumstances where a person in Vermont (which requires no license of any kind to carry a concealed weapon by anyone who is not prohibited by law), could unwittingly travel into the adjacent state of New York, where such individual, despite acting entirely within the law of Vermont, would then face a mandatory 3.5 year prison sentence simply for accidentally crossing the state's border into New York. These circumstances are aggravated by the fact that many NYS police departments as well as the New York State Police do not recognize the protections granted federally under the Firearm Owners Protection Act, which was intended to prevent such prosecutions.^[121]