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virginia a brady alternate state - Bureau of Justice Statistics

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U.S. Department <strong>of</strong> <strong>Justice</strong>Office <strong>of</strong> <strong>Justice</strong> Programs<strong>Bureau</strong> <strong>of</strong> <strong>Justice</strong> <strong>Statistics</strong>Survey <strong>of</strong> State ProceduresRelated to Firearm SalesVictim-<strong>of</strong>fender relationship in violent crimes(rape/sexual assault, robbery, and assault) by sex <strong>of</strong> victimAlabama, Alaska, Arizona, Arkansas, California,Colorado, Connecticut, Delaware, District <strong>of</strong>Columbia, Florida, Georgia, Hawaii, Idaho,Illinois, Indiana, Iowa, Kansas, Kentucky,Louisiana, Maine, Maryland, Massachusetts,Michigan, Minnesota, Mississippi, Missouri,Montana, Nebraska, Nevada, New Hampshire,New Jersey, New Mexico, New York, NorthCarolina, North Dakota, Ohio, Oklahoma, Oregon,Pennsylvania, Rhode Island, South Carolina,South Dakota, Tennessee, Texas, Utah, Vermont,Virginia, Washington, West Virginia, Wyoming,American Samoa, Puerto Rico, The Virgin Islands


U.S. Department <strong>of</strong> <strong>Justice</strong><strong>Bureau</strong> <strong>of</strong> <strong>Justice</strong> <strong>Statistics</strong>Jan M. Chaiken, Ph.D.DirectorReport <strong>of</strong> work performed under BJS CooperativeAgreement No. 95-RU-RX-K021awarded to the Regional <strong>Justice</strong> InformationService (REJIS), 4255 West Pine Boulevard,St. Louis, Missouri 63108. Contents <strong>of</strong> thisdocumentdo not necessarily reflect the views or policies<strong>of</strong> the <strong>Bureau</strong> <strong>of</strong> <strong>Justice</strong> <strong>Statistics</strong> or the U.S.Department <strong>of</strong> <strong>Justice</strong>. The U.S. Department<strong>of</strong> <strong>Justice</strong> authorizes any person to reproduce,publish, translate or otherwise use all or anypart <strong>of</strong> this material in this publication with theexception <strong>of</strong> those items indicating they arecopyrighted or printed by any source otherthan REJIS.More information on this subject maybe obtained from:Gene Lauver, FIST ManagerRegional <strong>Justice</strong> Information Service4255 West Pine BoulevardSt. Louis, MO 63108Telephone (314) 535-1455, ext. 260Fax (314) 535-1729An electronic version <strong>of</strong> this report maybe found on the Internet at:http://www.ojp.usdoj.gov/bjs/ii


ContentsBackground vAlabama 1Alaska 2Arizona 3Arkansas 4California 5Colorado 6Connecticut 7Delaware 8Florida 9Georgia 10Hawaii 11Idaho 12Illinois 13Indiana 14Iowa 15Kansas 16Kentucky 17Louisiana 18Maine 19Maryland 20Massachusetts 21Michigan 22Minnesota 23Mississippi 24Missouri 25Montana 26Nebraska 27Nevada 28New Hampshire 29New Jersey 30New Mexico 31New York 32North Carolina 33North Dakota 34Ohio 35Oklahoma 36Oregon 37Pennsylvania 38Rhode Island 39South Carolina 40South Dakota 41Tennessee 42Texas 43Utah 44Vermont 45Virginia 46Washington 47West Virginia 48Wisconsin 49Wyoming 50American Samoa 51Puerto Rico 52Virgin Islands 53Washington, D.C. 54Appendixes 55A. State FIST contact 57B. Status <strong>of</strong> the <strong>state</strong>s 61Number <strong>of</strong> CLEOsand instant checkcapability 61Initial rejection datareported as <strong>of</strong>January 1996 62iii


BackgroundThis study is part <strong>of</strong> an ongoing <strong>Bureau</strong> <strong>of</strong><strong>Justice</strong> <strong>Statistics</strong> (BJS) project referred to asFIST (Firearm Inquiries STatistics) being conductedby the Regional <strong>Justice</strong> InformationService (REJIS) <strong>of</strong> St. Louis, Missouri. Thepurpose <strong>of</strong> the study is to provide an overview<strong>of</strong> how the firearm check procedures workin the various <strong>state</strong>s to help in measuringthe impact <strong>of</strong> the "Brady Act" (Public Law103-159, Handgun Control, Multiple FirearmPurchases, and Federal Firearms LicenseReform: Brady Handgun Violence PreventionAct).This document is based on a three-part surveysent to all <strong>of</strong> the <strong>state</strong>s in June 1995.Part A, Firearms Inquiry Statistical Technique,focuses on the process and procedures anagency follows to review an application topurchase a firearm. Part B, Firearms InquirySurvey Tracking, focuses on individual transactionsinvolving the initial rejection <strong>of</strong> an application.Part C, Firearms Inquiry StatisticalTally, shows the total number <strong>of</strong> applicationsprocessed and the resulting decisions. Noidentification information related to a specificindividual is collected. Additionally, the <strong>state</strong>swere informed that their responses wereentirely voluntary.The survey's Part A is designed to be filledout only once. Part B and Part C aredesigned to be implemented on a continuingbasis, each <strong>state</strong> submitting either Part B rejectionrecords or a Part C summary at theend <strong>of</strong> each month. Most <strong>of</strong> the <strong>state</strong>s respondedto Part A but declined to submit partB or C until BJS- supported automated processings<strong>of</strong>tware was developed by REJIS.This BJS s<strong>of</strong>tware was released to the <strong>state</strong>sin December 1995, and data concerning thenumbers <strong>of</strong> applications being processed willshortly become available on a regular basis.This report summarizes the Part A responsesreceived from 40 <strong>state</strong>s as well as verbaldiscussions the non-responding <strong>state</strong>s hadwith REJIS interviewers. Moreover, eachsummary, once prepared, was forwarded tothe <strong>state</strong> for review, and clarifying commentswere used to adjust the summary. As aresult, REJIS believes the summary to besubstantially correct.For the purposes <strong>of</strong> this report, the termCLEO (Chief Law Enforcement Officer) refersto any agency designated as authorized toperform criminal record checks for handgunpurchases under the Brady Act or, in the case<strong>of</strong> Brady Alternative States, under its own legislation.Note that responses may reflect thefact that <strong>state</strong>s may place additional restrictionsor ask for additional personal identifiersto purchase a handgun besides thoserequired in the Brady Act. Also note that <strong>state</strong>restoration <strong>of</strong> firearm privileges may notremove Federal firearm disabilities (for furtherinformation contact the <strong>Bureau</strong> <strong>of</strong> Alcohol,Tobacco and Firearms [BATF] to make sucha determination). Appendix A lists each<strong>state</strong>'s FIST contact. Appendix B, Status <strong>of</strong>the States, summarizes each <strong>state</strong>'s number<strong>of</strong> CLEOs, reported instant check capability,and initial rejection data as <strong>of</strong> January 1996.REJIS wishes to thank the <strong>state</strong> representativeswho responded to the survey, those whoreviewed the summary for their <strong>state</strong>, andothers who helped in the preparation <strong>of</strong> thisdocument.v


ALABAMAA BRADY ALTERNATE STATESOURCE OF INFORMATION: This departments. The dealer requests a checkinformation was provided by the Alabama from the local sheriff or police department by<strong>Bureau</strong> <strong>of</strong> Investigation and the Alabama sending the application to the CLEO viaCriminal <strong>Justice</strong> Information Center. These registered or certified mail. The results <strong>of</strong>agencies are not CLEOs as defined by the that check are sent back to the dealer.Brady Act. The CLEOs in the <strong>state</strong> <strong>of</strong>Alabama are the local sheriffs and police Information on the Application: In addition todepartments.the standard information the followinginformation is required: occupation, make,Additional Restrictions on Purchase: The model, caliber and manufacturer’s number.<strong>state</strong> <strong>of</strong> Alabama places thefollowing additional restrictions onFees Charged: There are no <strong>state</strong>the purchase <strong>of</strong> handguns mandated fees. Any fee chargedbesides those required in theis at the discretion <strong>of</strong> the localBrady Act. It requires a 48 hourCLEO.minimum waiting period beforethe sale <strong>of</strong> the handgun.State Data: Alabama makes theAlabamaPop4,040,587following data available to eachLimitations on Use: AlabamaCLEO via its <strong>state</strong>wide computerdoes place limitations on carryingnetwork: Wanted and Warranthandguns. It does not place anydata, Arrest data, and Probationlimitations on the use or and Parole data. These files areacquisition <strong>of</strong> long guns. fully automated and contain 100%<strong>of</strong> the data that is available at thePermits: Alabama does not <strong>state</strong> level.require a permit to purchase ahandgun. Retention <strong>of</strong> Applications: TheHandgun Registration: Neither handgunsnor long guns are registered.Scope <strong>of</strong> Sales Covered: All sales byFederal Firearm Licensees are covered by<strong>state</strong> law including sales by pawnshops;however redemptions by the person whopawned the gun are not covered by Alabamalaw.Background Checks: Background checkson the purchase <strong>of</strong> handguns are done bythe local sheriffs and police1local CLEO keeps the applications on file for6 years.<strong>Statistics</strong> Maintained: Alabama maintainsstatistics on the number <strong>of</strong> stolen handgunsand the number <strong>of</strong> recovered handguns andhas statistics on or can identify events whichinvolved drugs, homicides, assaults, or themurder or assault <strong>of</strong> a police <strong>of</strong>ficer.


ALASKAA BRADY STATESOURCE OF INFORMATION: This not provide for any additional data besidesinformation was provided by the Alaska that on the standard BATF form.Department <strong>of</strong> Public Safety. This agency isa CLEO as defined by the Brady Act. The Fees Charged: There are no <strong>state</strong> mandatedState Department <strong>of</strong> Public Safety and local fees. Any fee charged is at the discretion <strong>of</strong>police agencies function as CLEOs.the local CLEO.Additional Restrictions on Purchase: Alaskadoes not place any additional restrictions onthe purchase <strong>of</strong> handguns besides thoserequired by Brady.Permits: Alaska doesnot require a permit topurchase a handgun.Handgun Registration:Handguns are notregistered in Alaska.Scope <strong>of</strong> SalesCovered: The only sales<strong>of</strong> handguns that areregulated in Alaska arethose covered by theBrady Act.Restoration <strong>of</strong> rights:The <strong>state</strong> <strong>of</strong> Alaskadoes not allow a convicted felon’s right toown a handgun to be restored.Background Checks: Background checks onhandgun purchases are performed by the<strong>state</strong> and local police. The dealer requestsa check from the <strong>state</strong> or local police <strong>of</strong>ficewith jurisdiction. The results <strong>of</strong> that checkare sent back to the dealer.AlaskaPop550,043State Data: Alaska makes the following dataavailable to each CLEO via its <strong>state</strong>widecomputer network: Wanted, Warrant, andArrest data. These filesare fully automated andcontain 100% <strong>of</strong> the datathat is available at the<strong>state</strong> level.Retention <strong>of</strong> Applications:As a Brady State the localCLEO keeps theapproved applications fora maximum <strong>of</strong> 20 days.Current Activity: For theperiod from March <strong>of</strong>1994 to July <strong>of</strong> 1995Alaska processed 23,858applications. 23,280were approved and 562were disapproved. Thisrepresents a rejection rate <strong>of</strong> 2.35%.Information on the Application: Alaska does2


ARIZONAA BRADY STATESOURCE OF INFORMATION:This information was provided by theArizona Criminal <strong>Justice</strong> Information Center.This agency is a CLEO as defined by theBrady Act. On October 1 <strong>of</strong> 1994 Arizonawent to a <strong>state</strong>wide instant check systemusing a 1-800 number. Prior to that, theCLEOs were local agencies.Background Checks: Arizona has an instantcheck system. Background checks onpurchases <strong>of</strong> handguns are done by ArizonaDepartment <strong>of</strong> Safety. The dealer requests acheck from them by using a 1-800 number,regular phone, by mail, or fax. The results <strong>of</strong>that check are sent back to the dealer usingthe same methods.Additional Restrictions on Purchase: None Information on the Application: Arizona usesonly the standard BATF form.Limitations on Use: Arizonadoes place limitations on Inquiry Process: Forcarrying handguns includingapplications which require nocarrying a concealed research the processhandgun. It also places normally takes less than 5limitations on carrying a Arizona minutes. For those requiringlong gun or a concealedresearch it normally takeslong gun.less than 5 days.Pop3,665,228Permits: Arizona does not Fees Charged: No feerequire a permit to purchasecharged.a handgun.State Data: Arizona hasHandgun Registration: access to the following dataHandguns are not on its <strong>state</strong> computer network:registered. Carrying a Wanted and Warrant data,concealed handgun doesrequire a permit.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the Arizonaare those covered by the Brady Act.Restoration <strong>of</strong> rights: The <strong>state</strong> <strong>of</strong> Arizonadoes allow a convicted felon’s right to own ahandgun to be restored. This procedurerequires a court order signed by a judge.Prior to 1988 restoration <strong>of</strong> civil rights wasautomatic and did not require a court order.Arrest data, and Probationand Parole data if it is part <strong>of</strong> the person’scriminal history data. These files are fullyautomated and contain 100% <strong>of</strong> the data thatis available at the <strong>state</strong> level. In addition theyalso have access to sex <strong>of</strong>fender registrationdata, Department <strong>of</strong> Corrections dataRetention <strong>of</strong> Applications: As a Brady Statethe local CLEO keeps approved applicationsfor a maximum <strong>of</strong> 20 days.3


ARKANSASA BRADY STATESOURCE OF INFORMATION: This The results <strong>of</strong> that check are sent back toinformation was provided by the Arkansas the dealer if the application is rejected. If itState Police. This agency is a CLEO as is not rejected the 5 day waiting period isdefined by the Brady Act.allowed to expire.Additional Restrictions on Purchase: The Information on the Application: Arkansas<strong>state</strong> does not place any additional uses only the standard BATF form.restrictions on the purchase <strong>of</strong> handgunsbesides those required in the Brady Act. Inquiry Process: Arkansas does not replyunless it is to deny anLimitations on Use: Arkansasapplication. For those whichdoes place limitations ondo require research it normallycarrying handguns, takes less than 5 days.concealed handguns, long Arkansasguns or concealed long gun Fees Charged: ArkansasPopfor most felons. charges $15.00 for the2,350,725background check and anPermits: Arkansas does not additional $3.00 for the 1-900require a permit to purchasenumber if it is used.a handgun.State Data: Arkansas hasHandgun Registration: access to the following dataHandguns are not registered in Arkansas. on its <strong>state</strong> computer network:Wanted/Warrant and Arrest data. TheseScope <strong>of</strong> Sales Covered: The only sales <strong>of</strong> files are fully automated and contain 100%handguns that are regulated in Arkansas <strong>of</strong> the data that is available at the <strong>state</strong>are those covered by the Brady Act.level.Restoration <strong>of</strong> rights: The <strong>state</strong> <strong>of</strong> Retention <strong>of</strong> Applications: As a Brady StateArkansas does allow a convicted felon’s the local CLEO keeps approvedright to own a handgun to be restored in applications for a maximum <strong>of</strong> 20 days.some cases. This occurs with someexpungements, some pardons, or the Current Activity: For the period Februarygovernor can restore these rights.<strong>of</strong> 1994 to July <strong>of</strong> 1995 Arkansasprocessed 40,019 applications. ThereBackground Checks: Background checks were 39,333 approved and 686on purchases <strong>of</strong> handguns are done by the disapproved. This represented a rejectionArkansas State Police. The dealer requests rate <strong>of</strong> 1.71%a check from them by using a 1-900number, certified mail, in person, or fax.4


CALIFORNIAA BRADY ALTERNATE STATESOURCE OF INFORMATION: This on purchases <strong>of</strong> handguns are done byinformation was provided by the California California Department <strong>of</strong> <strong>Justice</strong>. The dealerDepartment <strong>of</strong> <strong>Justice</strong>. This agency is a requests a check and the results are sentCLEO as defined by the Brady Act.back via mail or regular phone. TheDepartment has 15 days (or 20 days ifAdditional Restrictions on Purchase: mailed) in which to do the check and thePrevents purchase if the applicant is guilty <strong>of</strong> transfer cannot take place prior to that 15any <strong>of</strong> a list <strong>of</strong> misdemeanors.day period.This list places emphasis onany act which threatens orInformation on the Application:harms another individual orThe following info is required:involves the misuse <strong>of</strong> aname, sex, home address, localfirearm. Same restrictions onaddress if traveling, height,the purchase <strong>of</strong> a long gun.weight, occupation, race, haircolor, eye color, date <strong>of</strong>Limitations on Use: Californiaapplication, make, model, type <strong>of</strong>restricts the carrying <strong>of</strong> weapon and serial number.concealed handguns.PopFees Charged: CaliforniaPermits for Handguns: Only charges $14.00 ($10.00 for29,760,021required for concealed subsequent purchases at thehandguns.same time) for the check.CaliforniaHandgun Registration: State Data: California hasHandguns are not registered in access to Wanted/Warrant,California., but the automated files maintain Arrest, Probation and Parole, Juvenile,a record <strong>of</strong> handgun purchases and Mental Health, and Domestic Abuse data.transfers.The files are fully automated (except forProbation and Parole) and contain 100% <strong>of</strong>Scope <strong>of</strong> Sales Covered: All sales by the data that is available at the <strong>state</strong> level.California Licensed Firearm Dealers arecovered including sales by pawnshops; Retention <strong>of</strong> Applications: All applicationsredemptions are not covered nor are are kept on micr<strong>of</strong>iche indefinitely.antiques and loans <strong>of</strong> less than 30 days.Current Activity: For 1994 and 1995,Restoration <strong>of</strong> rights: The <strong>state</strong> does allow 472,213 applications. There were 465,817restoration <strong>of</strong> a convicted felon’s right to own approved and 6,396 disapproved. Thisa handgun only under if the court reduces represents a rejection rate <strong>of</strong> 1.35%.the charge to a misdemeanor.Background Checks: Background checks5


COLORADOA BRADY ALTERNATE STATESOURCE OF INFORMATION: This number.information was provided by the Colorado<strong>Bureau</strong> <strong>of</strong> Investigation. This agency is a Information on the Application: Colorado’sCLEO as defined by the Brady Act. application contains the followinginformation: name, address, race, sex,Additional Restrictions on Purchase: The date <strong>of</strong> birth, SSN, date <strong>of</strong> request, and<strong>state</strong> will not authorize a gun purchase if action taken.the applicant is guilty <strong>of</strong> certainmisdemeanors. Inquiry Process: Forapplications which requireLimitations on Use: no research the checkColorado does place process takes less than 1limitations on carryingColoradominute. For those whichhandguns including require research it takescarrying a concealedPopless than 1 day.handgun. It also places3,294,394limitations on carrying aFees Charged: Coloradolong gun or a concealedcharges $10.00 for thelong gun.background check.Permit to Purchase aState Data: Colorado hasHandgun: Not required.access to the following data on its <strong>state</strong>computer network: Wanted and WarrantHandgun Registration: Handguns are not data, Arrest data, Probation and Paroleregistered in Colorado.data, Juvenile data and Domestic Abusedata. These files are fully automated.Scope <strong>of</strong> Sales Covered: All sales byFederal Firearm Licensees are covered by Retention <strong>of</strong> Applications: Colorado keeps<strong>state</strong> law including sales by pawnshops; the approved applications for 1 day and thehowever pawn redemptions are not disapproved applications for 60 days.covered by State law.Current Activity: For the period fromRestoration <strong>of</strong> rights: In the <strong>state</strong> <strong>of</strong> January 1994 to December 1995, ColoradoColorado a convicted felon’s right to own a processed 118,020 applications. Therehandgun is restored 10 years after release were 110,395 approved and 7,625from supervision. disapproved. This represents a 6.46%initial denial rate.Background Checks: Colorado has aninstant check system. Background checkson purchases <strong>of</strong> handguns are done byColorado <strong>Bureau</strong> <strong>of</strong> Investigation. Thedealer requests a check by using a 1-8006


CONNECTICUTA BRADY ALTERNATE STATESOURCE OF INFORMATION: This number, regular phone, by mail, in person,information was provided by the Connecticut certified mail or fax. If it is not rejected andState Police. This agency is a CLEO as the 14 day waiting period expires the persondefined by the Brady Act.is allowed to purchase the handgun.Additional Restrictions on Purchase: Information on the Application:Prevents handguns from being purchased if Connecticut’s application contains thethe applicant is guilty <strong>of</strong> any <strong>of</strong> 11 following information: name, address, race,misdemeanors pertaining to Firearms and to sex, height, weight, date <strong>of</strong> birth, SSN, datedangerous weapons or when suitability can <strong>of</strong> request, date action taken, action taken,be questioned when involved in public reason for rejection, type, make, model andincidents. serial number <strong>of</strong>weapon.Limitations on Use:Connecticut does place Inquiry Process: Forlimitations on carrying Connecticutthose which require nohandguns and purchasePopresearch the background<strong>of</strong> long guns.check process normally3,287,116takes less than 15Permits: Connecticut law minutes. For thoserequires a permit whichwhich require researchthe applicant carries toit normally takes lessthe dealer to certify thatthan 3 days.they are authorized topurchase a handgun.Fees Charged: A fee isnot charged.Handgun Registration: Handguns areregistered in Connecticut.State Data: The following data is available onthe <strong>state</strong> computer network: Arrest (100%),Scope <strong>of</strong> Sales Covered: All sales by Probation and Parole (10%) and DomesticFederal Firearm Licensees and individuals Abuse data (25%).are covered by <strong>state</strong> law including sales bypawnshops and redemptions by the person Retention <strong>of</strong> Applications: Connecticut keepswho pawned the gun.the rejected applications indefinitely The gundealer keeps approved for 5 years.Restoration <strong>of</strong> rights: Rights are restored ifthe person goes to the Board <strong>of</strong> pardons andhas conviction cleared from their record.Background Checks: Background checksare done by Connecticut State Police. Thedealer requests a check by using a 1-8007


DELAWAREA BRADY ALTERNATE STATESOURCE OF INFORMATION: This application contains the followinginformation was provided by the Delaware information: name, address, race, sex, dateState Police. This agency is a CLEO as <strong>of</strong> birth, SSN, date <strong>of</strong> request, date actiondefined by the Brady Act.taken, action taken, and if the applicationwas rejected the type <strong>of</strong> weapon, make,Additional Restrictions on Purchase: model and serial number <strong>of</strong> weapon.Delaware prevents handguns from beingpurchased if the applicant is guilty <strong>of</strong> any <strong>of</strong> Inquiry Process: For applications whicha list <strong>of</strong> misdemeanors that deal with assault require no research the background checkor drug violation within the last 5 years. It process normally takes less than 6 minutes.also places restrictions on those people who For those which do require research itare not yet 25 and who as normally takes less than 14juveniles committed acts thatminutes.would have been felonies if theywere adults.Fees Charged: No fee is charged.Pop666,168Limitations on Use: Limits State Data: Delaware has accesscarrying a concealed handgun.to the following data on its <strong>state</strong>computer network:Permits: Delaware does notWanted/Warrant, Arrest, Probationrequire a permit to purchase aand Parole, Juvenile, Mentalhandgun. Health, and DishonorableDischarge data. These files areHandgun Registration: fully automated and contain 100%Handguns are not registered.<strong>of</strong> the data that is available at the<strong>state</strong> level except for Mental HealthScope <strong>of</strong> Sales Covered: Alland Dishonorable Discharge whichsales by Federal Firearm Licensees are are partially automated.covered by <strong>state</strong> law. In addition checks maybe run on private sales. This is an option and Retention <strong>of</strong> Applications: Delaware keepsnot a requirement.the approved applications for 60 days andthe rejected applications for 5 years.Restoration <strong>of</strong> Rights: Can be restoredthrough a governor’s pardon.Current Activity: For September 1995 toDecember 1995, Delaware processed 5,697Background Checks: Delaware has an applications. There were 5,350 approvedinstant check system. The dealer requests a and 347 disapproved. This represents acheck by using a 1-800 number. The results rejection rate <strong>of</strong> 6.09%.<strong>of</strong> that check are sent back to the dealer byphone.DelawareInformation on the Application: Delaware’s8


FLORIDAA BRADY ALTERNATE STATESOURCE OF INFORMATION: This application contains the followinginformation was provided by the Florida information: current name, previous names,Department <strong>of</strong> Law Enforcement. This race, sex, date <strong>of</strong> birth, SSN, date <strong>of</strong>agency is a CLEO as defined by the Brady request, date action taken, action taken.Act.Inquiry Process: For applications whichAdditional Restrictions on Purchase: None. require no research the background checkprocess normally takes less than 3 minutes.Limitations on Use: Florida limits carrying For those which do require research itconcealed handguns.normally takes less than 3 days. Howeverthe applicant must stillPermits: No permit, but wait 3 days tothe concealed purchase theweapons permit canhandgun.serve in place <strong>of</strong> abackground check.Fees Charged: FloridaPop12,937,926Floridacharges $8.00 for theHandgun Registration:background check.Not registered.State Data: FloridaScope <strong>of</strong> Sales has access to theCovered: All sales byfollowing <strong>state</strong> data:Federal Firearm Wanted/Warrant,Licensees are coveredArrest, Probation andby <strong>state</strong> law includingParole, and Domesticsales by pawnshops; however redemptions Abuse data. These files are fully automatedby the person who pawned the gun are not and contain 100% <strong>of</strong> the data that iscovered unless the person left the gun there available at the <strong>state</strong> level.for more than 90 days.Retention <strong>of</strong> Applications: ApprovedRestoration <strong>of</strong> Rights: Yes, through a applications are retained for less than twogovernor’s pardon. days and disapproved applicationsindefinitely.Background Checks: Florida is an instantcheck <strong>state</strong>. The dealer uses a 1-800 Current Activity: In the years 1994 and 1995number or fax. If it is not rejected the 3 day Florida processed 553,865 applications.waiting period is allowed to expire and the There were 535,370 approved and 18,495person has the right to purchase the disapproved for a rejection rate <strong>of</strong> 3.34%.handgun.Information on the Application: Florida’s9


GEORGIAA BRADY STATESOURCE OF INFORMATION: This dealer.information was provided by the Georgia<strong>Bureau</strong> <strong>of</strong> Investigation/Crime Information Information on the Application: Georgia’sCenter. This agency is a CLEO as defined by application contains the following information:the Brady Act. On January 1, 1996 Georgia name, sex, race, DOB, and SSN.went to a <strong>state</strong>wide instant check systemusing a 1-800 number. Prior to that, the Inquiry Process: For applications whichCLEOs were the local sheriffs.require no research the background checkprocess normally takes less than 5 minutes.Additional Restrictions on Purchase: The For those which do require research it<strong>state</strong> <strong>of</strong> Georgia does not place any normally takes less than 1 day.additional restrictions on thepurchase <strong>of</strong> handguns besides Fees Charged: Georgiathose required in the Brady Act. charges $5.00 for thebackground check.Limitations on Use: GeorgiaGeorgiadoes place limitations on State Data: Georgia makes thecarrying handguns including Popfollowing record checks incarrying a concealed handgun.addition to criminal history and6,478,216 III: Wanted and Warrant data,Permits: Georgia does not Arrest data, Probation andrequire a permit to purchase aParole data, and mental healthhandgun.data. These files are fullyautomated and contain 100% <strong>of</strong>Handgun Registration: the data that is available at theHandguns are not registered in Georgia. <strong>state</strong> level.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in Georgia arethose covered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Georgiadoes allow a convicted felon’s right to own ahandgun to be restored if granted a pardonand the Pardon & Parole Board specificallyrestores the right to possess a firearm.Background Checks: Georgia has an instant <strong>of</strong> 10.4%.check system. Background checks areperformed by the Georgia State CrimeInformation Center. The dealer requests acheck using a 1-800 phone number. Theresults <strong>of</strong> that check are sent back to the10Retention <strong>of</strong> Applications: The GeorgiaConsent Form is attached to ATF 4473 bythe FFL and retained by the FFL. The <strong>state</strong>does not keep a record <strong>of</strong> approved sales.Current Activity: Georgia implemented their<strong>state</strong> system in January <strong>of</strong> 1996. For JanuaryGeorgia processed 9,386 applications.8,320 were approved and 978 weredisapproved. This represents a rejection rate


HAWAIIA BRADY ALTERNATE STATESOURCE OF INFORMATION: This on purchases <strong>of</strong> handguns are done by theinformation was provided by the Hawaii police departments.Criminal <strong>Justice</strong> Information Center and theHonolulu Police Departments. The CLEOs Information on the Application: Hawaii’sin the <strong>state</strong> <strong>of</strong> Hawaii are the local police application contains the followingdepartments.information: name, address, race, sex,height, weight, date <strong>of</strong> birth, SSN, phones,Additional Restrictions on Purchase:business address, hair and eye color,photograph, fingerprints, date <strong>of</strong> request,In addition to the Brady Act requirements, date action taken, action taken.the <strong>state</strong> <strong>of</strong> Hawaii prevents handguns frombeing purchased if the applicant is guilty <strong>of</strong> Inquiry Process: Hawaii has a 14-dayany <strong>of</strong> misdemeanorwaiting period andinvolving violent permits must beacts or domestic picked up within 10abuse. days from theirdate <strong>of</strong> issue.Limitations: Hawaiilimits carrying Fees Charged:handguns and longHawaii does notguns.charge a fee for thebackground check.Permits: Hawaiirequires a permit.State Data: Hawaiichecks the <strong>state</strong>H a n d g u n control repositoryRegistration:<strong>of</strong> criminal historyHandguns are records, and NCICregistered in Hawaii. on applicants.Mental Health data is also checkedScope <strong>of</strong> Sales Covered: All sales by manually.Federal Firearm Licensees are covered by<strong>state</strong> law including sales by individuals. Retention <strong>of</strong> Applications: The local CLEOHandguns may not be pawned in Hawaii. keeps the applications on file indefinitely.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Hawaiidoes allow a convicted felon’s right to owna handgun to be restored through agovernor’s pardon.Background Checks: Background checks11


IDAHOA BRADY ALTERNATE STATESOURCE OF INFORMATION: This Information on the Application: Idaho’sinformation was provided by the Idaho application contains the followingDepartment <strong>of</strong> Law Enforcement. This information: name, address, sex, height,agency is a CLEO as defined by Brady Act. date <strong>of</strong> birth, SSN, date <strong>of</strong> request, dateaction taken, and action taken.Additional Restrictions on Purchase: The<strong>state</strong> <strong>of</strong> Idaho does not place any additional Inquiry Process: For applications whichrestrictions on the purchase <strong>of</strong> handguns require no research the background checkbesides those required in theprocess normally takes less thanBrady Act.3 minutes. For those which dorequire research it normally takesLimitations on Use: There areless than 1 hour.limitations on carrying concealedhandguns and concealed longFees Charged: Idaho chargesguns.the dealer an annual $100 fee.Permits: Required for concealedState Data: Idaho has access toweapons only. As <strong>of</strong> July 1, 1995the following data on its <strong>state</strong>this permit may be used in lieu <strong>of</strong> Idaho c omputer network:a background check. PopWanted/Warrant and Arrest.These files are fully automated1,006,749Handgun Registration: Handgunsand contain 100% <strong>of</strong> the dataare not registered in Idaho.that is available at the <strong>state</strong> level.Idaho also has access to a <strong>state</strong>Scope <strong>of</strong> Sales Covered: Onlycivil protective order file.dealers registered with the <strong>state</strong> <strong>of</strong> Idahomay sell handguns.Retention <strong>of</strong> Applications: Idaho keeps theapproved applications for less than 5 daysRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Idaho and the disapproved applications indefinitely.does allow a convicted felon’s right to own ahandgun to be restored automatically after Current Activity: For the period from Marchcompletion <strong>of</strong> imprisonment or probation and <strong>of</strong> 1994 to December <strong>of</strong> 1995 Idahoparole except for certain felony <strong>of</strong>fenses. processed 57,266 applications. There were55,550 approved and 1,716 disapproved.Background Checks: Idaho has an instant This represents a rejection rate <strong>of</strong> 3%.check system. Background checks onpurchases <strong>of</strong> handguns are done by IdahoDepartment <strong>of</strong> Law Enforcement. The dealerrequests a check from them by using a 1-800 number or regular phone. The results <strong>of</strong>that check are sent back to the dealer usingthe same methods.12


SOURCE OF INFORMATION: Thisinformation was provided by the IllinoisState Police. This agency is the CLEO.Additional Restrictions on Purchase: The<strong>state</strong> does not place any additionalrestrictions on the purchase <strong>of</strong> handgunsbesides those required in the Brady Act.Limitations on Use: The <strong>state</strong> placeslimitations on carrying handguns (includingcarrying a concealed handgun)and long gun (or a concealed long gun).Permits: The <strong>state</strong> issues a 5year permit to purchase ahandgun.Revised 6/3/96ILLINOISA BRADY ALTERNATIVE STATEIllinoisPop11,430,602Information on the Application: Illinois’application contains: name, address,race, sex, height, weight, date <strong>of</strong> birth,eye color, hair color, previous names, andpicture.Inquiry Process: Applications whichrequire no research are completed in lessthan 1 minute. Those which requireresearch are completed within 3 days.Fees Charged: There is a $5.00 fee forthe issuance <strong>of</strong> a Firearm Owner’sIdentification Card (FOID).Illinois charges the gun dealer$2.00 for the instant backgroundcheck.Handgun Registration:State Data: Illinois has access toHandguns are not registered.the following data on its <strong>state</strong>computer network: wanted,Scope <strong>of</strong> Sales Covered: Allwarrant, arrest, and mentalsales by Federal Firearmhealth. The files are fullyLicensees are covered byautomated and contain 100% <strong>of</strong><strong>state</strong> law, as well as salesthe data that are available at thefrom one individual to another<strong>state</strong> level.and by pawnshops (includingredemptions by the personRetention <strong>of</strong> Applications: Thewho pawned the gun).data from the 1-900 call is notkept. The information on the FPIC isRestoration <strong>of</strong> Rights: A felon’s right to archived to micr<strong>of</strong>ilm.own a handgun can be restored if anappeal process is followed.Current Activity: For the period fromJanuary 1995 to December 1995, IllinoisBackground Checks: Background checks processed 190,055 applications. Thereon handgun purchases are done by the were 188,128 approved and 1,927<strong>state</strong> police. The dealer requests a check disapproved. This represents a rejectionby a 1-900 number. rate <strong>of</strong> 1.01%.13


INDIANAA BRADY ALTERNATE STATESOURCE OF INFORMATION: This application through the mail. The results <strong>of</strong>information was provided by the Indiana that check are sent back via phone.State Police. This agency is a CLEO asdefined by the Brady Act.Information on the Application: Indiana’sapplication contains the followingAdditional Restrictions on Purchase: The information: name, address, race, sex,<strong>state</strong> <strong>of</strong> Indiana does not place any height, weight, hair color, eye color, date <strong>of</strong>additional restrictions on thebirth, finger prints, occupation, andpurchase <strong>of</strong> handguns besidesscars, marks and tattoos.those required in the Brady Act.Inquiry Process: Indiana has a 10Limitations on Use: Indianaday waiting period.does place limitations onIndianacarrying handguns includingFees Charged: Indiana does notPopcarrying a concealed handgun.charge a fee for the background5,544,159check.Permits: Indiana does notrequire a permit to purchase aState Data: Indiana has access tohandgun.the following data on its <strong>state</strong>computer network: Arrest data. ThisHandgun Registration: file is fully automated and containHandguns are voluntarily 100% <strong>of</strong> the data that is available atregistered in Indiana.the <strong>state</strong> level.Scope <strong>of</strong> Sales Covered: All sales by Retention <strong>of</strong> Applications: Indiana does notFederal Firearm Licensees are covered by keep approved applications and keeps<strong>state</strong> law including sales by pawnshops and disapproved applications indefinitely.sales from one individual to another.Redemptions <strong>of</strong> handguns by their owner Current Activity: For the month <strong>of</strong> June 1995are treated as new sales. Indiana processed 6,893 applications.There were 6,883 approved and 10 wereRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Indiana disapproved. This represents a rejectiondoes allow a convicted felon’s right to own a rate <strong>of</strong> 0.15%.handgun to be restored through a governor’spardon.Background Checks: Background checkson purchases <strong>of</strong> handguns are done byIndiana State Police. The dealer or applicantrequests a check from them by submitting an14


IOWAA BRADY ALTERNATE STATESOURCE OF INFORMATION: This handgun to be restored through a pardon.information was provided by IowaDepartment <strong>of</strong> Public Safety. This agency is Background Checks: Background checksnot a CLEO as defined by the Brady Act. on purchases <strong>of</strong> handguns are done by theThe CLEOs in the <strong>state</strong> <strong>of</strong> Iowa are the local county sheriffs. The sheriff then issuessheriff departments.permits to purchase that are valid for oneyear.Additional Restrictions on Purchase: Inaddition to the restrictions <strong>of</strong> the Brady act, Information on the Application: Iowa’sthe <strong>state</strong> <strong>of</strong> Iowa prohibits the sale <strong>of</strong> application contains the followinghandguns to anyone who has been information: name, address, date <strong>of</strong> birth,convicted <strong>of</strong> a felony, domestic abuse or SSN, date <strong>of</strong> request, date action taken, andother serious assault; has aaction taken.history <strong>of</strong> repeated acts <strong>of</strong>violence; is addicted to Inquiry Process: Iowa has aalcohol or a controlled minimum 3 day waiting period.Iowasubstance; or has beenPermits may not be issuedadjudged mentally without the check beingincompetent.competed.Pop2,776,755Limitations on Use: Iowa Fees Charged: There are noplaces limitations on carrying<strong>state</strong> mandated fees. Any feea handgun, carrying a charged is at the discretion <strong>of</strong>concealed handgun, carrying a long gun and the local CLEO.carrying a concealed long gun.State Data: Iowa has access to the followingPermits: Iowa requires an annually renewed data on its <strong>state</strong> computer network: 100% <strong>of</strong>permit to purchase a handgun.its Wanted and Warrant, Arrest data, andDomestic Abuse data. And some ProbationHandgun Registration: Handguns are not and Parole and Juvenile data. In additionregistered in Iowa.they also have access to manual files forMental Health, Dishonorable Discharge, andScope <strong>of</strong> Sales Covered: All sales by Illegal Alien data.Federal Firearm Licensees are coveredincluding sales from one individual to Retention <strong>of</strong> Applications: Iowa keeps theanother and sales by pawnshops; however approved and rejected applications for up toredemptions by the person who pawned the 4 years.gun are not covered by State law.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Iowadoes allow a convicted felon’s right to own a15


KANSASA BRADY STATESOURCE OF INFORMATION: This on purchases <strong>of</strong> handguns are done by theinformation was provided by Kansas <strong>Bureau</strong> local sheriffs and police departments.<strong>of</strong> Investigation. This agency is not a CLEO The dealer requests a check from the localas defined by the Brady Act. The CLEOs in sheriff or police department by sending thethe <strong>state</strong> <strong>of</strong> Kansas are the local sheriffs and application to the CLEO via phone, inpolice departments.person, mail, fac, or certified mail. Theresults <strong>of</strong> that check are sent back to theAdditional Restrictions on Purchase: The dealer.<strong>state</strong> <strong>of</strong> Kansas does not place anyadditional restrictions on the purchase <strong>of</strong> Information on the Application: Kansas doeshandguns besides those required in the not provide for any additional data besidesBrady Act.that on the standard formsupplied by the BATF.Limitations on Use:Kansas does place Inquiry Process: ThisKansaslimitations on carryingprocess usually takes lesshandguns including Popthan 1 day.carrying a concealed2,477,574handgun. It also placesFees Charged: There are nolimitations on the carrying<strong>state</strong> mandated fees. Anya long gun or a concealed fee charged is at thelong gun.discretion <strong>of</strong> the local CLEO.Permits: Kansas does not require a permit to State Data: Kansas makes the followingpurchase a handgun.data available to each CLEO via its<strong>state</strong>wide computer network: Arrest data andHandgun Registration: Handguns are not Juvenile data. These files are about 20%registered in Kansas.automated. Requests to the <strong>state</strong> are sentby teletype.Scope <strong>of</strong> Sales Covered: All sales byFederal Firearm Licensees are covered by Retention <strong>of</strong> Applications: As a Brady State<strong>state</strong> law including sales by pawnshops and the local CLEO keeps the approvedfrom one individual to another.applications for a maximum <strong>of</strong> 20 days.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Kansasallows a convicted felon’s right to own ahandgun to be restored after 10 years (5 if itwas a minor felony) unless the person wasin possession <strong>of</strong> a firearm during the eventor it was a drug <strong>of</strong>fense.Background Checks: Background checks16


KENTUCKYA BRADY STATESOURCE OF INFORMATION: This from them by mail, fax or certified mail. Ifinformation was provided by the Kentucky the application is rejected the denial isState Police. This agency is a CLEO as telephoned to the dealer with only thedefined by the Brady Act.message number from the backgroundcheck response. The applicant will receiveAdditional Restrictions on Purchase: The a denial letter stating the charge,<strong>state</strong> does not place any additional contributing agency, date <strong>of</strong> arrest, andrestrictions on the purchase <strong>of</strong> handguns disposition, if available.besides those required in the Brady Act.Information on the Application: KentuckyLimitations on Use: Kentucky places does not provide for any additional datalimitations on carrying handguns including besides that on the standard BATF form,carrying a concealed handgun. It also except that it requires the SSN.places limitations on carrying a long gunor a concealed long gun.Inquiry Process: For applications whichrequire no research, the background checkPermits: Kentucky does normally takes less than 3not require a permit todays. For those which dopurchase a handgun.require research it mayPop sometimes take up to 3Handgun Registration:3,685,296 days.Handguns are notregistered in Kentucky. Kentucky Fees Charged: There is n<strong>of</strong>ee charged.Scope <strong>of</strong> SalesCovered: The only State Data: Kentucky hassales <strong>of</strong> handguns that are regulated are access to the following data on its <strong>state</strong>those covered by the Brady Act.computer network: Wanted and Warrantdata, Arrest data, and Domestic AbuseRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> data. These files are fully automated andKentucky does allow a convicted felon’s contain 100% <strong>of</strong> the data that is availableright to own a handgun to be restored at the <strong>state</strong> level.through a governor’s pardon.Retention <strong>of</strong> Applications: As a BradyBackground Checks: Background checks State the local CLEO keeps the approvedon purchases <strong>of</strong> handguns in Marshall, applications for a maximum <strong>of</strong> 20 days.Ballard, and Callaway counties areperformed by the county sheriff.Background checks throughout the rest <strong>of</strong>the Commonwealth are done by KentuckyState Police. The dealer requests a check17


LOUISIANAA BRADY STATESOURCE OF INFORMATION: This through a governor’s pardon.information was provided by LouisianaState Police. This agency is not a CLEO Background Checks: Backgroundas defined by the Brady Act. The CLEOs checks on purchases <strong>of</strong> handguns arein the <strong>state</strong> <strong>of</strong> Louisiana are the local done by the local sheriffs. The dealersheriffs.requests a check from the local sheriffby sending the application to the CLEO.Additional Restrictions on Purchase: The<strong>state</strong> does not place anyadditional restrictions on Information on thethe purchase <strong>of</strong> handgunsApplication: Louisianabesides those required indoes not provide for anythe Brady Act. Louisianaadditional data besidesthat on the standardLimitations on Use: form supplied by theLouisiana does place BATF.Poplimitations on carryingconcealed handguns. It 4,219,973Fees Charged:Theredoes not place any are no <strong>state</strong> mandatedlimitations on the use orfees. Any fee charged isacquisition <strong>of</strong> long guns.at the discretion <strong>of</strong> thelocal CLEO.Permits: Louisiana does not require apermit to purchase a handgun. State Data: Louisiana makes thefollowing data available to each CLEO viaHandgun Registration: Handguns are not its <strong>state</strong>wide computer network: Arrestregistered in Louisiana.data. This file is fully automated andcontains 100% <strong>of</strong> the data that isScope <strong>of</strong> Sales Covered: The only sales available at the <strong>state</strong> level.<strong>of</strong> handguns that are regulated in theState are those covered by the Brady Retention <strong>of</strong> Applications: As a BradyAct.State the local CLEO keeps the approvedapplications for a maximum <strong>of</strong> 20 days.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong>Louisiana does allow a convicted felon’sright to own a handgun to be restored18


MARYLANDA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This information: name, address, race, sex,information was provided by the Maryland height, weight, hair color, eye color, date <strong>of</strong>Criminal <strong>Justice</strong> Information Center. This birth, SSN, occupation, date <strong>of</strong> request,agency is a CLEO as defined by Brady. date action taken, action taken, type <strong>of</strong>weapon, make, model and serial number <strong>of</strong>Additional Restrictions on Purchase: The weapon.applicant must be a resident for 1 month.Must not be habitually intoxicated and not Inquiry Process: For applications whichconvicted <strong>of</strong> one <strong>of</strong> about 90 require no research the background checkmisdemeanors.process normally takes less than 5 days.For those requiring research it normallyLimitations on Use: Carrying a concealed takes less than 1 month.handgun. It also has limits on carrying along gun or a concealed long gun. Fees Charged: Maryland charges $10.00for the background check.Permits: Maryland does not require apermit to purchase a S t a t e D a t a :handgun. Maryland hasaccess to theHandgun Registration:Wanted/Warrant,Handguns are Arrest, andregistered in Maryland. Probation andMarylandParole data. TheScope <strong>of</strong> Sales PopArrest and Wanted/Covered: All sales by 4,781,468Warrant files areFederal Firearm fully automated andLicensees are covered by <strong>state</strong> law contain 100% <strong>of</strong> the data available at theincluding sales by pawnshops; however <strong>state</strong> level.pawn redemptions are not covered byState law. Private sales are not regulated. Retention <strong>of</strong> Applications: Maryland keepsthe approved applications indefinitely andRestoration <strong>of</strong> Rights: Through a disapproved applications for 3 years.governor’s pardon if more than 10 yearshave passed and no other events have Current Activity: For the year 1995occurred.Maryland processed 32,608 applications.There were 32,248 approved and 360Background Checks: The dealer requests a disapproved. This represents a rejectioncheck by certified mail. Maryland has a rate <strong>of</strong> 1.10%.minimum 7 day waiting period.Information on the Application: Maryland’sapplication contains the following20


MASSACHUSETTSA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This purchases <strong>of</strong> handguns are done by the localinformation was provided by Massachusetts police departments. The applicant contactsDepartment <strong>of</strong> Public Safety. This agency is their local police department to obtain thenot a CLEO as defined by the Brady Act. permit. The CLEO has 40 days to processThe CLEOs in the <strong>state</strong> <strong>of</strong> Massachusetts the application for the permit.are the local police departments.Information on the Application: TheAdditional Restrictions on Purchase:application contains the following information:The applicant must be able to satisfy the name, address, phone, Place <strong>of</strong> birth,local CLEO that the applicant has a both a business address, employer, occupation,proper purpose for purchasing the gun and build, complexion, eye color, hair color,that they are a suitable person.height, weight, date <strong>of</strong> birth, SSN, mother’smaiden name, fathers name, applicant’sLimitations: other names,Massachusettsfingerprints,places restrictions onphotograph,carrying handguns references.and on carrying long Pop 6,016,425guns.MassachusettsFees Charged:MassachusettsP e r m i t s : charges $20.Massachusetts doesrequire a permit to S t a t e D a t a :purchase a handgun.M a s s a c h u s e t t sIt is called a Firearm Identification Card (FID). provides the following data on its <strong>state</strong>computer network: Wanted and Warrant,Handgun Registration: Handguns which are Arrest, Probation and Parole, Juvenile data.purchased in the <strong>state</strong> are registered in These files are fully automated and containMassachusetts. Person’s moving into the 100% <strong>of</strong> the data that is available at the <strong>state</strong><strong>state</strong> who own handguns must notify the level. In addition, manual files are kept on<strong>state</strong> that they are doing so.Mental Health data.Scope <strong>of</strong> Sales Covered: In addition to those Retention <strong>of</strong> Applications: Massachusettssales covered by the Brady Act, keeps their copy indefinitely.Massachusetts regulates the transfer <strong>of</strong>handguns to anyone. Handguns cannot bepawned in Massachusetts.Restoration <strong>of</strong> Rights: A convicted felon’sright to own a handgun to be restoredthrough a governor’s pardon.Background Checks: Background checks on21


MICHIGANA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This Background Checks: Michigan has aninformation was provided by Michigan State instant check system. The applicant appliesPolice. The CLEOs in the <strong>state</strong> <strong>of</strong> Michigan in person.are the local sheriffs and police departments.Information on the Application: Name,Additional Restrictions on Purchase: As <strong>of</strong> address, race, sex, height, hair color, eyeApril 1, 1996, the following court dispositions color, date <strong>of</strong> birth, and date the license toand orders will prohibit the purchasing and purchase is issued. At the time <strong>of</strong>possession <strong>of</strong> firearms. Orders <strong>of</strong>: 1) registration the make, caliber, type, modelconditional bond release. 2)not guilty by and serial number <strong>of</strong> weapon is collected.reason <strong>of</strong> insanity 3)legal guardianship4)involuntary hospitalization/treatment for Inquiry Process: For applications notmental illness. 5)personalneeding research, nonprotection, includes automated agenciesdomestic violence, normally take less than 1stalking, and divorce hour. Automatedinjunctions 6) conditional agencies take less than 5bond release. minutes. Applicationsrequiring researchLimitations on Use: normally take less than 5Michigan limits carryingdays.concealed handguns andcarrying handguns in Michigan Fees Charged: At localcertain areas.Pop discretion, but not over9,295,297 $5.00.Permits: Yes, required.State Data: The followingHandgun Registration: Registration required. data is available to each CLEO:Wanted\Warrant, Arrest, Juvenile ifScope <strong>of</strong> Sales Covered: Federal Firearm reportable to the <strong>state</strong>, and Probation andLicensees and private individuals (including Parole data. Files are fully automated. Somegifts and loans). Handguns cannot be Corrections data is also available.pawned.Retention <strong>of</strong> Applications: ApprovedRestoration <strong>of</strong> Rights: Felons may have their applications for 6 years and disapprovedrights restored 5 years after completion <strong>of</strong> applications indefinitely.their sentence for violent <strong>of</strong>fenses throughreview by the local county concealed Current Activity: In 1995 Michigan processedweapons licensing board. Felons convicted 201,797 applications. There were 1,696<strong>of</strong> non-violent <strong>of</strong>fenses regain their rights 3 disapproved. This represents a rejectionyears after completion <strong>of</strong> their sentence. rate <strong>of</strong> 0.84%.22


MINNESOTAA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This sheriff or police department If approved ainformation was provided by Minnesota one year permit is issued.Department <strong>of</strong> Public Safety. This agency isnot a CLEO as defined by the Brady Act. Information on the Application:The CLEOs in the <strong>state</strong> <strong>of</strong> Minnesota are Minnesota’s application contains thethe local sheriffs and police departments. following information: name, address,phone number, height, weight, hair color,Additional Restrictions on Purchase: The date <strong>of</strong> birth. An Id with color photo is also<strong>state</strong> <strong>of</strong> Minnesota does not place any required to be shown.additional restrictions on the purchase <strong>of</strong>handguns besides those required in the Inquiry Process: The CLEO has 7 days inBrady Act.which to complete the background check. Ifthe application is rejected a letter is sent toLimitations: Minnesota doesthe applicant explaining why.require a permit in order tocarrying a handgun.Fees Charged:There are no<strong>state</strong> mandated fees any feePermits: Minnesota doesMinnesotacharged is at the discretion <strong>of</strong>require a permit to purchasethe local CLEO.a handgun. It is good for one Popyear. State Data: Minnesota4,375,099makes the following dataHandgun Registration: available to each CLEO viaHandguns are not registered its <strong>state</strong>wide computerin Minnesota. network: Warrants/Wantedand Criminal History data.Scope <strong>of</strong> Sales Covered: The Theses files are fullyonly sales <strong>of</strong> handguns that automated and contain 100%are regulated in the State are those <strong>of</strong> the data that is available at the <strong>state</strong>covered by the Brady Act.level. The local CLEOs can also checkmanual files that contain information onRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Mental Health and Chemical Dependancy.Minnesota does not allow a convictedfelon’s right to own a handgun to be Retention <strong>of</strong> Applications: There are norestored. <strong>state</strong> laws regarding retention <strong>of</strong>applications in Minnesota.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by thelocal sheriffs and police departments. Theindividual requests a permit from the local23


MISSISSIPPIA BRADY STATESOURCE OF INFORMATION: This sheriffs and police departments. The dealerinformation was provided by Mississippi requests a check from the local sheriff orDepartment <strong>of</strong> Public Safety. This agency is police department by sending the applicationnot a CLEO as defined by the Brady Act. to the CLEO in person or via mail, fax orThe CLEOs in the <strong>state</strong> <strong>of</strong> Mississippi are the certified mail. The results <strong>of</strong> that check arelocal sheriffs and police departments and for sent back to the dealer.some unincorporated areas the State Police.Information on the Application: MississippiAdditional Restrictions on Purchase: The does not provide for any additional data<strong>state</strong> <strong>of</strong> Mississippi does notbesides that on the standard formplace any additional supplied by the BATF.restrictions on the purchase <strong>of</strong>handguns besides those Fees Charged:There are no <strong>state</strong>required in the Brady Act.mandated fees. Any fee charged isat the discretion <strong>of</strong> the CLEO.Limitations on Use: Mississippidoes place limitations on Mississippi State Data: Mississippi does notcarrying handguns includinghave any automated <strong>state</strong> filescarrying a concealed handgun.Popthat are available to the localIt also places limitations on 2,573,216 CLEOs. Mississippi does have ancarrying a long gun.automated message switch thatallows local CLEOs to accessPermits: Mississippi does notNational Crime Information Centerrequire a permit to purchase a (NCIC) and the Inter<strong>state</strong>handgun.Identification Index (III).Handgun Registration: Retention <strong>of</strong> Applications: As aHandguns are not registered inBrady State the local CLEO keepsMississippi.the approved applications for a maximum <strong>of</strong>20 days.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State arethose covered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong>Mississippi does allow a convicted felon’sright to own a handgun to be restored insome circumstances.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the local24


MISSOURIA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This sheriffs and the St Louis County policeinformation was provided by Missouri State department. The applicant requests a permitHighway Patrol. This agency is not a CLEO by applying in person.as defined by the Brady Act. The CLEOs inthe <strong>state</strong> <strong>of</strong> Missouri are the local sheriffs and Information on the Application: Missouri’sthe St Louis city police department.application contains the following information:name, address, height, hair color, eye color,Additional Restrictions on Purchase: In date <strong>of</strong> birth, SSN, occupation, date <strong>of</strong>addition to the Brady Act requirements, the request, date action taken, reason for<strong>state</strong> <strong>of</strong> Missouri prevents handguns from rejection, type <strong>of</strong> weapon, make, model, andbeing purchased if the serial number <strong>of</strong> weapon.applicant is guilty <strong>of</strong> amisdemeanor that involves Fees Charged: Missouriexplosives or firearms. charges $10.00 for thePop5,117,073Background check.Limitations on Use: Missourilimits on carrying handgunsState Data: Missouri makesincluding carrying a concealedthe following data availablehandgun. It also places limits Missouri to each CLEO via itsthe carrying a long gun or a<strong>state</strong>wide computer network:concealed long gun. It alsoWanted and Warrant data,limits their use in certainArrest data, and Probationareas such as churches andand Parole data. These filesschools.are fully automated andcontain 100% <strong>of</strong> the data that is available atPermits: Missouri does require a permit to the <strong>state</strong> level.purchase a handgun.Retention <strong>of</strong> Applications: The local CLEOHandgun Registration: Handguns are not keeps the applications indefinitely.registered in Missouri.Scope <strong>of</strong> Sales Covered: All sales by FederalFirearm Licensees are covered by <strong>state</strong> lawincluding sales by pawnshops; andredemptions by the person who pawned thegun and sales from one individual to another.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Missouridoes allow a convicted felon’s right to own ahandgun to be restored through a governor’spardon.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the local25


MONTANAA BRADY STATESOURCE OF INFORMATION: This Background Checks: Background checks oninformation was provided by Montana purchases <strong>of</strong> handguns are done by the localDepartment <strong>of</strong> <strong>Justice</strong>. This agency is not a sheriffs and police departments. The dealerCLEO as defined by the Brady Act. The requests a check from the local sheriff orCLEOs in the <strong>state</strong> <strong>of</strong> Montana are the local police department by sending the applicationsheriffs and police departments.to the CLEO. The results <strong>of</strong> that check aresent back to the dealer..Additional Restrictions on Purchase: The<strong>state</strong> <strong>of</strong> Montana does not place any Retention <strong>of</strong> Applications: As a Brady Stateadditional restrictions on the purchase <strong>of</strong> the local CLEO keeps the approvedhandguns besides those required in the applications for a maximum <strong>of</strong> 20 days.Brady Act.<strong>Statistics</strong> Maintained:Limitations on Use: Montana does placelimitations on carrying concealed handguns Montana maintains statistics on or canor long gun.identify events whichinvolved homicides.Permits: Montana doesnot require a permit topurchase a handgun.Handgun Registration:Handguns are notregistered in Montana.Scope <strong>of</strong> Sales Covered:The only sales <strong>of</strong>handguns that areregulated in the State are those covered bythe Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Montanaallows a convicted felon’s right to own ahandgun to be restored automatically exceptfor certain <strong>of</strong>fenses.Information on the Application: Montanadoes not provide for any additional databesides that on the standard form suppliedby the BATF.Fees Charged: There are no mandated fees.Any fee is at the discretion <strong>of</strong> the CLEO.MontanaPop799,065State Data: Montanamakes the following dataavailable to each CLEO viaits <strong>state</strong>wide computernetwork: Wanted andWarrant data, Arrest data.These files are fullyautomated and contain100% <strong>of</strong> the data that isavailable at the <strong>state</strong> level.Current Activity: For selected cities fromMarch 1994 to July 1995, Montanaprocessed 22,040 applications. There were21,873 approved and 167 disapproved.This is a 0.75% rejection rate.26


NEBRASKAA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This dealer requests a check from the localinformation was provided by the Nebraska sheriff or police department by sending theState Patrol. This agency is not a CLEO application to the CLEO in person, via mailas defined by the Brady Act. The CLEOs or fax. The results <strong>of</strong> that check are sentin Nebraska are local sheriff departments back to the dealer in the same manner.and the Lincoln and Omaha policedepartments. Information on the Application:Nebraska’s application contains theAdditional Restrictions on Purchase: The following information: name, address,<strong>state</strong> does not place any additional race, sex, height, weight, hair color, daterestrictions on the purchase <strong>of</strong> handguns <strong>of</strong> birth, SSN, date <strong>of</strong> request, date actionbesides those required in the Brady Act. taken, action taken, type <strong>of</strong> weapon, make,model, and serial number <strong>of</strong> weapon.Limitations on Use: Nebraska does placelimitations on the use <strong>of</strong> handguns and Inquiry Process: For applications whichthe use or acquisitionrequire no research the<strong>of</strong> long guns.background check processNebraskanormally takes less than 1Permits: Nebraska day. For those which dodoes require a permitPoprequire research it normallyto purchase a 1,578,385takes less than 2 days.handgun. This permitcan be used for up toFees Charged: Nebraska3 years. charges $5.00 for theBackground check.Handgun Registration: Handguns are notregistered in Nebraska.State Data: Nebraska makes the followingdata available to each CLEO via itsScope <strong>of</strong> Sales Covered: All sales by <strong>state</strong>wide computer network: Wanted andFederal Firearm Licensees are covered by Warrant data, Arrest data, and Probation<strong>state</strong> law. However sales by pawnshops and Parole data. These files areare not covered by State law.automated and contain 75% <strong>of</strong> the datathat is available at the <strong>state</strong> level.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong>Nebraska does not allow a convicted <strong>Statistics</strong> Maintained: Nebraska maintainsfelon’s right to own a handgun to be statistics on or can identify events whichrestored.involved drugs, homicides, assaults, or themurder or assault <strong>of</strong> a police <strong>of</strong>ficer.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by thelocal sheriffs and police departments. The27


NEVADAA BRADY STATESOURCE OF INFORMATION: This Information on the Application: Nevada doesinformation was provided by the Nevada not provide for any additional data besidesHighway Patrol. This agency is a CLEO as that on the standard form supplied by thedefined by the Brady Act.BATF.Additional Restrictions on Purchase: The Inquiry Process: For applications which<strong>state</strong> <strong>of</strong> Nevada does not place any require no research the background checkadditional restrictions on the purchase <strong>of</strong> process normally takes less than 5 minutes.handguns besides those required in For those which do requirethe Brady Act.research it normally takes less than3 days.Limitations on Use: Nevada does Nevadaplace limitations on carrying Fees Charged: Nevada chargeshandguns.$15.00 for the background check.Permits: Nevada does not require apermit to purchase a handgun.Handgun Registration: Handgunsare not registered in Nevada exceptin Clark County (Las Vegas).Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State arethose covered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Nevadadoes allow a convicted felon’s right to own ahandgun to be restored if honorablydischarged from probation and courtapproves and the governor pardons withfirearm rights restored.Background Checks: Nevada has an instantcheck system. Background checks onpurchases <strong>of</strong> handguns are done by NevadaHighway Patrol. The dealer requests a checkfrom them by using a 1-800 number or regular phone. If it is notrejected the 5 day waiting period is allowedto expire and the person has the right topurchase the handgun.Pop1,201,833State Data: Nevada has access tothe following data on its <strong>state</strong>computer network: Wanted andWarrant data and Arrest data.These files are fully automated andcontain 100% <strong>of</strong> the data that isavailable at the <strong>state</strong> level.Retention <strong>of</strong> Applications: As a Brady Statethe local CLEO keeps the approvedapplications for a maximum <strong>of</strong> 20 days.Current Activity: For the period from March<strong>of</strong> 1994 to December <strong>of</strong> 1995 Nevadaprocessed 61,052 applications. There were59,727 approved and 1,325 weredisapproved. This represents a rejection rate<strong>of</strong> 2.17%.28


NEW HAMPSHIREA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This checks are done by New Hampshireinformation was provided by the New Department <strong>of</strong> Safety. The dealer requests aHampshire State Police. This agency is a check from them by using a PREMIUM 1-CLEO as defined by the Brady Act.900 number.Additional Restrictions on Purchase: The Information on the Application: New<strong>state</strong> <strong>of</strong> New Hampshire restricts sales to Hampshire’s application contains thethose people guilty <strong>of</strong> felony against the following information: name, race, sex, dateperson or the property <strong>of</strong><strong>of</strong> birth, SSN and/or NH driver’sanother or certain drug license, date <strong>of</strong> request, date actionviolations or who has an activetaken, and action taken.warrant or protective order ineffect.Inquiry Process: For applicationswhich require no research theLimitations on Use: New background check process normallyHampshire does placePoptakes less than 5 minutes. Forlimitations on carrying those which do require research ithandguns. It does not place any1,109,252normally takes less than 4 hours.limitations on the use oracquisition <strong>of</strong> long guns.NewHampshireFees Charged: New Hampshirecharges $7.00 for the backgroundPermits: New Hampshire doescheck.not require a permit to purchasea handgun. State Data: New Hampshire hasaccess to the following data on itsHandgun Registration: Handguns are not <strong>state</strong> computer network: Wanted andregistered in New Hampshire.Warrant data, Arrest data, and DomesticAbuse data.Scope <strong>of</strong> Sales Covered: All sales byFederal Firearm Licensees are covered by Retention <strong>of</strong> Applications: New Hampshire<strong>state</strong> law including sales from one individual keeps the approved applications for 20 daysto another and by pawnshops; however and the disapproved applications for 3 years.redemptions by the person who pawned thegun are not covered by State law.Current Activity: For the period fromJanuary <strong>of</strong> 1995 to May <strong>of</strong> 1995 NewRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> New Hampshire processed 5,794 applications.Hampshire does not allow a convicted There were 5,755 were approved and 39felon’s right to own a handgun to be disapproved. This represents a rejectionrestored. rate <strong>of</strong> 0.67%.Background Checks: New Hampshire hasan instant check system. Background29


NEW JERSEYA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This Information on the Application: New Jersey’sinformation was provided by the New Jersey application contains the following information:State Police. This agency is a CLEO asdefined by the Brady Act for some <strong>of</strong> theunincorporated areas. The CLEOs in the<strong>state</strong> <strong>of</strong> New Jersey are the local policedepartments.Additional Restrictions on Purchase: The <strong>state</strong> <strong>of</strong>New Jersey places the following additionalrestrictions on the purchase <strong>of</strong> handguns besidesthose required in the Brady Act. The person mustnot be habitually intoxicated.Limitations on Use: New Jersey doesplace limitations on carrying handgunsincluding carrying a concealedhandgun. It also places limitations oncarrying long guns.Permits: New Jersey does require apermit to purchase a handgun. It isvalid for 90 days.Handgun Registration: Handgunsare registered in New Jersey at thetime <strong>of</strong> purchase.NewJerseyPop7,730,188Name, address, date <strong>of</strong> birth, place <strong>of</strong> birth,citizenship, social security number, sex, height,hair, eyes, complexion, distinguishing physicalcharacteristics, occupation, name and address <strong>of</strong>employer, questions relating to criminal anddisorderly person convictions, whether firearmspermits have been previously denied, alcohol/druguse questions, physical defects/sickness, mentalpsychiatric conditions or treatment, and court orderinformation with reference to domextic violence.Also included are the signature <strong>of</strong> the applicant,date <strong>of</strong> the application, and two referrals. Initialapplicants are required to be fingerprinted.Inquiry Process: For applications whichrequire no research the background checktakes less than 1 month. For those whichdo require research it normally takes lessthan 6 months.Fees Charged: Fingerprint fees are $49.00.Fees for each permit to purchase a handgunare $2.00, and $5.00 for a firearmspurchaser identification card for rifles andshotguns..Scope <strong>of</strong> Sales Covered: All sales byFederal Firearm Licensees andsales from one individual toanother are covered by <strong>state</strong> law.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> New Jerseydoes allow a convicted felon’s right to own ahandgun to be restored if their criminal record isexpunged.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the State Policeand full-time municipal police departments.State Data: New Jersey makes thefollowing data available to each CLEO:Wanted/Warrant, Arrest Probation and Parole,Mental Health, and Domestic Abuse data. Thesefiles are fully automated and contain 100% <strong>of</strong> thedata that is available except for the DomesticAbuse data which has about 50% <strong>of</strong> the data.Retention <strong>of</strong> Applications: New Jersey keeps theapproved and disapproved applications indefinitely.30


NEW MEXICOA BRADY STATESOURCE OF INFORMATION: This requests a check from the local sheriff or policeinformation was provided by New MexicoDepartment <strong>of</strong> Public Safety. This agency isdepartment. The results <strong>of</strong> that check are sent backto the dealer.not a CLEO as defined by the Brady Act.The CLEOs in the <strong>state</strong> <strong>of</strong> New Mexico arethe local sheriffs and police departments andfor some unincorporated areas the StatePolice.Information on the Application: New Mexicodoes not provide for any additional databesides that on the standard form suppliedby the BATF.Additional Restrictions on Purchase: The <strong>state</strong> <strong>of</strong>New Mexico does not place any additionalrestrictions on the purchase <strong>of</strong> handguns besidesthose required in the Brady Act.Limitations on Use: NewMexico does place limitations oncarrying handguns includingcarrying a concealed handgun. Italso places limitations oncarrying a concealed long gun.Permits: New Mexico does notrequire a permit to purchase ahandgun.Handgun Registration:Handguns are not registeredin New Mexico.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State are thosecovered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> New Mexicodoes not allow a convicted felon’s right to own ahandgun to be restored.NewMexicoPop1,515,069Inquiry Process: For applications which require noresearch the background check process normallytakes less than 2 days. For those which do requireresearch it normally takes lessthan 5 days.Fees Charged: There are no <strong>state</strong>mandated fees. Any fee chargedis at the discretion <strong>of</strong> the localCLEO. They vary from $0 to$20.State Data: New Mexico makesArrest data available to theCLEOs. This file is manual. Arequest to search it is made byteletype from the CLEO.Retention <strong>of</strong> Applications: As aBrady State the local CLEO keeps the approvedapplications for a maximum <strong>of</strong> 20 days.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the localsheriffs and police departments. The dealer31


NEW YORKA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This procedure requires a court order.information was provided by New York StateDivision <strong>of</strong> Criminal <strong>Justice</strong> Services. This Background Checks: Background checksagency is not a CLEO as defined by the on purchases <strong>of</strong> handguns are done by theBrady Act. The CLEOs in the <strong>state</strong> <strong>of</strong> New local sheriffs and police departments. TheYork are the local county judges. The applicant requests a permit by applying inapplications are made to the county sheriffs person.and some local police departments.Information on the Application: New York’sAdditional Restrictions on Purchase: The application contains the following<strong>state</strong> <strong>of</strong> New York does not place any information: name, address, race, sex,additional restrictionsheight, weight, hairon the purchase <strong>of</strong>color, eye color, datehandguns besides <strong>of</strong> birth, SSN, fingerthose required in the prints, businessBrady Act.address, occupation,Newcharacter references,Limitations: New York Yorkdate <strong>of</strong> request, datedoes place restrictionsaction taken, actionon the use <strong>of</strong> Poptaken, reason forhandguns. It is at the 17,990,455rejection, type <strong>of</strong>discretion <strong>of</strong> the weapon, make, modellicensing judge.and serial number <strong>of</strong>weapon.Permits: New Yorkdoes require a permit to purchase a Inquiry Process: New York <strong>state</strong> law allowshandgun.up to 6 months to process the application.Handgun Registration: Handguns are Fees Charged: New York’s fees vary byregistered in New York. county, but are at least $74.00.Scope <strong>of</strong> Sales Covered: All sales by State Data: Local CLEOs perform checks atFederal Firearm Licensees are covered by the local level and then forward the<strong>state</strong> law including sales by pawnshops; and application to the <strong>state</strong>. The <strong>state</strong> <strong>of</strong> Newredemptions by the person who pawned the York makes their checks using thegun.applicant’s fingerprints.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> NewYork may authorize a convicted felon’s rightto own a handgun to be restored. This32


NORTH CAROLINAA BRADY ALTERNATIVE STATESOURCE OF INFORMATION: This local sheriffs and police departments. Theinformation was provided by North Carolina dealer contacts the CLEO in person.<strong>Bureau</strong> <strong>of</strong> Investigation. This agency is nota CLEO as defined by the Brady Act. The Fees Charged: North Carolina chargesCLEOs in the <strong>state</strong> <strong>of</strong> North Carolina are $5.00.the local sheriffs and police departments.Information on the Application:Additional Restrictions on Purchase: Must The exact fields that are on the applicationnot be habitually intoxicated, lack good vary from county to county and are at themoral character, or be prohibited under discretion <strong>of</strong> the county sheriff or police<strong>state</strong> felony firearms department. Mostact. CLEOs require anextensive list <strong>of</strong>Limitations: North information.Carolina does place Pop Northrestrictions on 6,628,637 Carolina Inquiry Process: Thecarrying handguns applicant applies toincluding carrying athe local CLEO for theconcealed handgun. It permit. Once thea l s o p l a c e s CLEO has completedrestrictions on long guns.the check the permit is issued to theapplicant who takes it to the dealer.Permits: The <strong>state</strong> requires a permit topurchase a handgun.State Data: North Carolina makes thefollowing data available to each CLEO viaHandgun Registration: Handguns are not its <strong>state</strong>wide computer network: Wanted,registered in North Carolina.Warrant data, Arrest data, Probation andParole data, Court data, Department <strong>of</strong>Scope <strong>of</strong> Sales Covered: All sales by Motor Vehicle data. These files are fullyFederal Firearm Licensees are covered by automated and contain 100% <strong>of</strong> the data<strong>state</strong> law including sales by pawnshops that is available at the <strong>state</strong> level. Data onand sales from one individual to another; Domestic Violence is scheduled to behowever pawn redemptions are not available in April <strong>of</strong> 1996.covered by State’s laws.Retention <strong>of</strong> Applications: The local CLEOsRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> North in the <strong>state</strong> <strong>of</strong> North Carolina retain theCarolina allows a convicted felon’s right to applications indefinitely.own a handgun to be restoredautomatically after 5 years.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by the33


NORTH DAKOTAA BRADY STATESOURCE OF INFORMATION: Thisinformation was provided by North Dakota Background Checks: Background checks on<strong>Bureau</strong> <strong>of</strong> Criminal Investigation. This agency purchases <strong>of</strong> handguns are done by the localis not a CLEO as defined by the Brady Act. sheriff departments. The dealer requests aThe CLEOs in the <strong>state</strong> <strong>of</strong> North Dakota are check from the sheriffs department bythe local sheriff departments.sending the application to the CLEO inperson, via regular mail or certified mail. TheAdditional Restrictions on Purchase: In results <strong>of</strong> that check are sent back to theaddition to the Brady Act requirements, the dealer.<strong>state</strong> <strong>of</strong> North Dakota prevents handgunsfrom being purchased if the applicant is guilty Information on the Application: North Dakota<strong>of</strong> a class A misdemeanor involving violence does not provide for any additional dataor intimidation and besides that on thecommitted using a firearmstandard form supplied byor dangerous weapon.the BATF.North DakotaLimitations on Use: North Fees Charged: LoclaPopDakota does place CLEOs are allowed tolimitations on carrying 638,800charge up to $10.00 for thehandguns includingbackground check.carrying a concealedhandgun. It also placeslimitations on the carryinga long gun or a concealedlong gun.Permits: North Dakota does not require apermit to purchase a handgun.State Data: North Dakotamakes the following dataavailable to each CLEO viaits <strong>state</strong>wide computer network: Wanted andWarrant data <strong>of</strong> which about 50% isautomated and Arrest data <strong>of</strong> which about75% is automated.Handgun Registration: Handguns are notregistered in North Dakota.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State arethose covered by the Brady Act.Retention <strong>of</strong> Applications: As a Brady Statethe local CLEO keeps the approvedapplications for a maximum <strong>of</strong> 20 days.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> NorthDakota does allow a convicted felon’s rightto own a handgun to be restored after 5 or 10years depending on the type <strong>of</strong> felony<strong>of</strong>fense.34


OHIOA BRADY STATESOURCE OF INFORMATION: This the auspice <strong>of</strong> the Attorney General <strong>of</strong> Ohio.information was provided by the Ohio<strong>Bureau</strong> <strong>of</strong> Criminal Identification and Information on the Application: Ohio’sInvestigation. This agency is a CLEO as application contains the followingdefined by the Brady Act.information: name, address, sex, height,weight, date <strong>of</strong> birth, SSN, <strong>state</strong> Id or OLN,Additional Restrictions on Purchase: The and date <strong>of</strong> request.<strong>state</strong> <strong>of</strong> Ohio does not place any additionalrestrictions on the purchase <strong>of</strong> handguns Inquiry Process: For applications whichbesides those required in the Brady Act. require no research the background checkprocess normally takes less than 15Limitations on Use: Ohio does minutes. For those which doplace limitations on carryingrequire research it normally takeshandguns including carrying aless than 3 days.concealed handgun.Fees Charged: Ohio chargesOhioPermits: Ohio does not $15.00 for the background check.require a permit to purchase ahandgun.State Data: Ohio has access to thePop10,847,115following data on its <strong>state</strong> computerHandgun Registration: network: Wanted and Warrant data,Handguns are not registeredArrest data, and Probation andin Ohio.Parole data. These files are fullyautomated and contain 100% <strong>of</strong> theScope <strong>of</strong> Sales Covered: The only sales <strong>of</strong> data that is available at the <strong>state</strong> level. Ohiohandguns that are regulated in the State are is planning to install true instant checkthose covered by the Brady Act.system soon.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Ohiodoes not allow a convicted felon’s right toown a handgun to be restored.35Retention <strong>of</strong> Applications: As a Brady StateOhio keeps the approved applications for amaximum <strong>of</strong> 20 days and the rejectedapplications indefinitely.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by Ohio Current Activity: For the period from<strong>Bureau</strong> <strong>of</strong> Criminal Identification and January 1994 to December <strong>of</strong> 1995 OhioInvestigation. The dealer requests a check processed 119,564 applications. Therefrom them by using a 1-900 number. The were 118,913 approved and 651only time the dealer is notified <strong>of</strong> the results,is if there is a disapproval. Otherwise, he rate <strong>of</strong> 0.54%.can release the handgun on the transferdate given when he calls in. BCI&I is underdisapproved. This represents a rejection


OKLAHOMAA BRADY STATESOURCE OF INFORMATION: This check are sent back to the dealer.information was provided by the OklahomaState <strong>Bureau</strong> <strong>of</strong> Investigation. This agency is Information on the Application: Oklahomanot a CLEO as defined by the Brady Act. The does not provide for any additional dataCLEOs in the <strong>state</strong> <strong>of</strong> Oklahoma are the local besides that on the standard form suppliedsheriffs and police departments.by the BATF.Additional Restrictions on Purchase: The Fees Charged: There are no <strong>state</strong> mandated<strong>state</strong> <strong>of</strong> Oklahoma does not place any fees. Any fee charged is at the discretion <strong>of</strong>additional restrictions on the purchase <strong>of</strong> the local CLEO.handguns besides those required in theBrady Act.State Data: Oklahoma makes Arrest dataavailable to each CLEO via its <strong>state</strong>wideLimitations on Use: Oklahoma does place computer network: This file is fully automatedrestrictions on carryingand contains 100% <strong>of</strong> thehandguns including data that is available atcarrying a concealedthe <strong>state</strong> level.handgun.OklahomaRetention <strong>of</strong> Applications:PopPermits: Oklahoma As a Brady State the localdoes not require a 3,145,585 CLEO keeps thepermit to purchase aapproved applications forhandgun.a maximum <strong>of</strong> 20 days.Handgun Registration: Current Activity:Handguns are not registered in Oklahoma. Preliminary results from selectedmunicipalities and counties for OklahomaScope <strong>of</strong> Sales Covered: The only sales <strong>of</strong> show that from March 1994 to July 1996handguns that are regulated in the State are there were 10,860 applications received, 289those covered by the Brady Act.rejected, and 10,571 approved. This is arejection rate <strong>of</strong> 2.66%.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Oklahomadoes allow a convicted felon’s right to own ahandgun to be restored if they wereconvicted <strong>of</strong> a non violent <strong>of</strong>fense andreceive a complete pardon from the properauthority.Background Checks: Background checks onpurchase <strong>of</strong> handguns are done by thelocal sheriffs and police departments. Thedealer requests a check from the local sheriffor police department. The results <strong>of</strong> that36


OREGONA BRADY ALTERNATE STATESOURCE OF INFORMATION: This expect in the future to use the federal form insteadinformation was provided by the Oregon State <strong>of</strong> the <strong>state</strong> form. In addition they require a thumbPolice. This agency is not a CLEO as defined print.by the Brady Act. The CLEOs in the <strong>state</strong> <strong>of</strong>Oregon are the local sheriffs and policedepartments.Additional Restrictions on Purchase: The <strong>state</strong> <strong>of</strong>Oregon does place additionalrestrictions on the purchase <strong>of</strong>handguns besides those required inthe Brady Act. It preventsapplicants convicted <strong>of</strong> any <strong>of</strong> thefollowing kinds <strong>of</strong> misdemeanorsfrom purchasing a handgun:domestic abuse, threatening apublic safety <strong>of</strong>ficer, raciallymotivated menacing, weaponsviolations.Limitations: Oregon does placelimitations on carrying handguns.Permits: Oregon does not require a permit topurchase a handgun, but does require one for aconcealed handgun.Handgun Registration: Handguns are notregistered in Oregon.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State are thosecovered by the Brady Act.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the localsheriffs and police departments. The dealerrequests a check from the CLEO.Information on the Application: Oregon’sapplication contains the same basic informationas the federal form supplied by BATF. TheyOregonPop2,842,32137Inquiry Process: The applicant fills out a three partform. One part stays with the dealer, one part goesto the local CLEO. And the third part with thethumb print goes to the <strong>state</strong>. The <strong>state</strong> has 10 daysin which to complete thebackground check andreturn the results to theCLEO. The CLEO has 5additional days tocomplete its checks andmake a decision. On July1st <strong>of</strong> 1996 Oregon plansto go to an instant checksystem.Fees Charged: There areno <strong>state</strong> mandated feesany fee charged is at thediscretion <strong>of</strong> the local CLEO.State Data: Oregon makes the following dataavailable to each CLEO via its <strong>state</strong>wide computernetwork: Wanted/Warrant Arrest, Probation andParole, and Mental Health data. These files arefully automated and contains 100% <strong>of</strong> the data thatis available at the <strong>state</strong> level. Local CLEOs alsohave some access to Mental Health Records.Retention <strong>of</strong> Applications: The local CLEO keepsthe applications on file for 5 years.


PENNSYLVANIAA BRADY STATESOURCE OF INFORMATION: This department. The dealer requests a checkinformation was provided by the from the local sheriff or police department byPennsylvania State Police. This agency is sending the application to the CLEO.not a CLEO as defined by the Brady Act.The CLEOs in the <strong>state</strong> <strong>of</strong> Pennsylvania are Information on the Application:the local sheriffs and the Philadelphia police Pennsylvania’s application contains thedepartment.following information: name, address, race,sex, height, weight, hair color, eye color,Additional Restrictions on Purchase: The date <strong>of</strong> birth, SSN, occupation, date <strong>of</strong><strong>state</strong> does not place any additional request, and weapon make, model, serialrestrictions on the purchase <strong>of</strong> handguns number, caliber, and length <strong>of</strong> barrel.besides those requiredin the Brady Act. Inquiry Process:Pennsylvania has a 48Limitations on Use: hour minimum andPennsylvania does place Pennsylvaniamaximum waiting periodlimitations on carrying during which theconcealed handguns orPopbackground check mustcarrying handguns in a11,881,643take place.first class city.Fees Charged: There isPermits: Pennsylvaniaa $3.00 <strong>state</strong> mandateddoes not require a fee on retail gun sales.permit to purchase ahandgun. State Data: Pennsylvania makes thefollowing data available to each CLEO via itsHandgun Registration: Record <strong>of</strong> Sales are <strong>state</strong>wide computer network: Arrest data andrequired to be sent the Pennsylvania State Probation and Parole data. These files arePolice on all sales <strong>of</strong> handguns except automated and contain more than 50% <strong>of</strong>wholesale sales.the data that is available at the <strong>state</strong> level.Scope <strong>of</strong> Sales Covered: The sales <strong>of</strong> all <strong>Statistics</strong> Maintained: Pennsylvaniahandguns are regulated in the State <strong>of</strong> maintains statistics on or can identify eventsPennsylvania.which involved a handgun used in ahomicide, or all weapons involved in anRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> assault, or the murder or assault <strong>of</strong> policePennsylvania does allow a convicted felon’s <strong>of</strong>ficer.right to own a handgun to be restored.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by thelocal sheriffs and the Philadelphia police38


RHODE ISLANDA BRADY ALTERNATE STATESOURCE OF INFORMATION: This that check are sent back to the dealer.information was provided by Rhode IslandDepartment <strong>of</strong> the Attorney General. This Information on the Application: Rhodeagency is not a CLEO as defined by the Island’s application contains the followingBrady Act. The CLEOs in the <strong>state</strong> <strong>of</strong> Rhode information: name, address, sex, height,Island are the local police departments.weight, date <strong>of</strong> birth, SSN.Additional Restrictions on Purchase: The<strong>state</strong> <strong>of</strong> Rhode Island does not place anyadditional restrictions on the purchase <strong>of</strong>handguns besides those required in theBrady Act.Limitations: Rhode Island doesplace restrictions on carryinghandguns including carrying aconcealed handgun. It alsoplaces restrictions on thecarrying a long gun or aconcealed long gun.Permits: Rhode Island doesnot require a permit topurchase a handgun.Handgun Registration: Handguns are notregistered in Rhode Island.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State arethose covered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> RhodeIsland does allow a convicted felon’s right toown a handgun to be restored through agovernor’s pardon.RhodeIslandPop1,003,464Inquiry Process: Most CLEOs in RhodeIsland complete the background check within5 days.Fees Charged: There are no<strong>state</strong> mandated fees any feecharged is at the discretion <strong>of</strong>the local CLEO.State Data: Rhode Islandmakes the following dataavailable to each CLEO via its<strong>state</strong>wide computer network:Wanted and Warrant data,Arrest data and Probation andParole data. These files are fullyautomated and contain 100% <strong>of</strong>the data that is available at the <strong>state</strong> level.Retention <strong>of</strong> Applications: Retentionpolicies for applications vary from CLEOto CLEO.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the localpolice departments. The dealer requests acheck from the police department by sendingthe application to the CLEO The results <strong>of</strong>39


SOUTH CAROLINAA BRADY STATESOURCE OF INFORMATION: This Information on the Application: Southinformation was provided by the South Carolina’s application contains theCarolina Law Enforcement Division. This following information: name, address, race,agency is a CLEO as defined by the Brady sex, height, weight, hair color, eye color,Act.date <strong>of</strong> birth, SSN, fingerprints, businessaddress, occupation, date <strong>of</strong> request, dateAdditional Restrictions on Purchase: Must action taken, action taken, type <strong>of</strong> weapon,not be habitually intoxicated, or indicted, make, model, and serial number <strong>of</strong>arraigned, or convicted <strong>of</strong> a misdemeanor weapon.with over a two year sentence or felony withover a 1 year sentence.Inquiry Process: For applicationswhich require no research theLimitations on Use: South background check processCarolina does place South normally takes less than 5limitations on carryingCarolinaminutes. For those which dohandguns including require research it normally takescarrying a concealed Popless than 15 minutes.handgun.3,486,703Fees Charged: South CarolinaPermits: Required for charges $5.00.concealed handguns only.State Data: Wanted data, Criminal HistoryHandgun Registration: Handguns are not data, and 30 day One Handgun Purchaseregistered in South Carolina.data. These files are fully automated andcontain 100% <strong>of</strong> the data that is available atScope <strong>of</strong> Sales Covered: South Carolina the <strong>state</strong> level.licenses all handgun dealers. This coversall sales including sales by pawnshops; Retention <strong>of</strong> Applications: South Carolinahowever pawn redemptions are not keeps approved applications for 30 dayscovered by State law.and rejected applications indefinitely.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> South Current Activity: For the month <strong>of</strong>Carolina does allow a convicted felon’s September <strong>of</strong> 1995 South Carolinaright to own a handgun to be restored if the processed 4,339 applications. There wereperson receives a pardon or an 4191 approved and 150 disapproved. Thisexpungement for the conviction. represents a rejection rate <strong>of</strong> 3.46%.Background Checks: South Carolina hasan instant check system. Backgroundchecks on purchases <strong>of</strong> handguns aredone by South Carolina Law EnforcementDivision. The dealer requests a check fromthem by using a 1-800 number.40


SOUTH DAKOTAA BRADY STATESOURCE OF INFORMATION: This data besides that on the standard forminformation was provided by South Dakota supplied by the BATF.Attorney General’s Office. This agency is nota CLEO as defined by the Brady Act. The Inquiry Process: While exact numbers are notCLEOs in the <strong>state</strong> <strong>of</strong> South Dakota are the available the background check processlocal sheriffs..normally takes less than two days for mostCLEOs.Additional Restrictions on Purchase: The<strong>state</strong> <strong>of</strong> South Dakota does not place any Fees Charged: There are no <strong>state</strong> mandatedadditional restrictions on the purchase <strong>of</strong> fees any fee charged is at the discretion <strong>of</strong>handguns besides those required in the the local CLEO.Brady Act.State Data: South DakotaLimitations: South Dakotamakes the following datadoes place restrictions on Southavailable to each CLEO viacarrying concealed its <strong>state</strong>wide computerhandguns. Dakotanetwork: Wanted andWarrant data, Arrest data,Permits: South Dakota PopProbation and Parole data,does not require a permit 696,004and Protective Order files,to purchase a handgun.The Driver’s History file isalso available to check forHandgun Registration: additional criminal historyHandguns are not data. These files are fullyregistered in South Dakota.automated and contain 100% <strong>of</strong> the data thatis available at the <strong>state</strong> level.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State are Retention <strong>of</strong> Applications: As a Brady Statethose covered by the Brady Act.the local CLEO keeps the approvedapplications for a maximum <strong>of</strong> 20 days.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> SouthDakota does allow a convicted felon’s right toown a handgun to be restored through agovernor’s pardon.Background Checks: Background checks onpurchases <strong>of</strong> handguns are done by the localsheriffs. The dealer requests a check fromthe local sheriff. The results <strong>of</strong> that check aresent back to the dealer.Information on the Application: SouthDakota does not provide for any additional41


TENNESSEEA BRADY ALTERNATE STATESOURCE OF INFORMATION: This The dealer requests a check from the localinformation was provided by Tennessee sheriff or police department by sending the<strong>Bureau</strong> <strong>of</strong> Investigation. This agency is not a application to the CLEO in person, via mailCLEO as defined by the Brady Act. The or fax. Tennessee has a 15 day waitingCLEOs in the <strong>state</strong> <strong>of</strong> Tennessee are the period.local sheriffs and the Nashville Metro policedepartment.Information on the Application: Tennessee’sapplication contains the followingAdditional Restrictions on Purchase: information: name, address, race, sex,Tennessee places the following restrictions height, weight, eye color, hair color, date <strong>of</strong>on the purchase <strong>of</strong> handguns besides those birth, SSN, fingerprint(s), business address,required in the occupation, previousBrady Act. It names, previousprevents people addresses, scars, markswho are addicted to and tattoos, date <strong>of</strong>or have been Pop request, date actionconvicted <strong>of</strong> selling Tennessee 4,877,185 taken, action taken, typealcoholic beverages<strong>of</strong> weapon, make, modelfrom buying a gun.and serial number <strong>of</strong>weapon.Limitations: Tennessee does placerestrictions on carrying handguns.Inquiry Process: For applications whichrequire no research the background checkPermits for Handgun Purchase: Not process normally takes less than 5 days.required.For those which do require research itnormally takes less than 2 weeks.Handgun Registration: Not registered.Fees Charged: There are no <strong>state</strong>Scope <strong>of</strong> Sales Covered: All sales by mandated fees. Any fee charged is at theFederal Firearm Licensees are covered by discretion <strong>of</strong> the local CLEO.<strong>state</strong> law including sales by pawnshops;redemptions, and sales from one person to State Data: Tennessee makes Arrest dataanother.and Domestic Abuse data available to eachCLEO through the <strong>state</strong> Law EnforcementRestoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Communications network.Tennessee does not allow a convictedfelon’s right to own a handgun to be Retention <strong>of</strong> Applications: Local CLEOsrestored.keep the approved applications for less than20 days.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by thelocal sheriffs and the Nashville Metro P.D.42


TEXASA BRADY STATESOURCE OF INFORMATION: This Background Checks: Background checksinformation was provided by the Texas on purchases <strong>of</strong> handguns are done by theDepartment <strong>of</strong> Public Safety. This agency is local sheriffs and police departments. Thenot a CLEO as defined by the Brady Act. dealer requests a check from the localThe CLEOs in the <strong>state</strong> <strong>of</strong> Texas are the sheriff or police department by sending thelocal sheriffs and police departments.application to the CLEO. The results <strong>of</strong> thatcheck are sent back to the dealer.Additional Restrictions on Purchase:The <strong>state</strong> <strong>of</strong> Texas does not place any Information on the Application: Texas doesadditional restrictions on the purchase <strong>of</strong> not provide for any additional data besideshandguns besides those required in the that on the standard BATF form.Brady Act.Inquiry Process: As a Brady <strong>state</strong> CLEOs inLimitations on Use: Texas have up to 5 days inTexas does place which to perform therestrictions on carryingbackground check.handguns. It restrictsthe location where theyFees Charged: There arecan be carried or used.no <strong>state</strong> mandated fees anyTexasfee charged is at thePermits: Texas doesdiscretion <strong>of</strong> the local CLEO.not require a permit toPoppurchase a handgun.16,986,510 State Data: Texas makesthe following data availableHandgun Registration: to each CLEO via itsHandguns are not <strong>state</strong>wide computer network:registered in Texas.Wanted and Warrant data,Arrest data and ProbationScope <strong>of</strong> Sales and Parole data. These filesCovered: The only sales <strong>of</strong> handguns that are fully automated and contain 100% <strong>of</strong>are regulated in the State are those the data that is available at the <strong>state</strong> level.covered by the Brady Act.Retention <strong>of</strong> Applications: As a Brady StateRestoration <strong>of</strong> Rights: Texas does allow a the local CLEO keeps the approvedconvicted felon’s right to own a handgun to applications for a maximum <strong>of</strong> 20 days.be restored in some circumstances.43


UTAHA BRADY STATESOURCE OF INFORMATION: This waiting period is allowed to expire and theinformation was provided by the Utah handgun can be purchased.<strong>Bureau</strong> <strong>of</strong> Criminal Identification. Thisagency is a CLEO as defined by Brady. Information on the Application: Utah’sapplication contains information on: name,Additional Restrictions on Purchase: Utah address, race, sex, height, weight, hairdoes not place any restrictions on the color, eye color, date <strong>of</strong> birth, SSN, date <strong>of</strong>purchase <strong>of</strong> handguns besides those request, and action taken.required in the Brady Act.Inquiry Process: For applicationsLimitations on Use: Utah doeswhich require no research theplace limitations on carrying process normally takes less than 5handguns including carrying a minutes. For those requiringconcealed handgun. It also Utah research, normally less than 5 days.places limitations on the use <strong>of</strong>dangerous weapons around a Pop Fees Charged: Utah charges $5.00.school, threatening or using in a 1,722,850fight or quarrel, or carrying in aState Data: Utah has access to thevehicle.following data on its <strong>state</strong> computernetwork: Wanted and Warrant dataPermits: Utah does not requireand Arrest data. These files are fullya permit to purchase a handgun.automated and contain 100% <strong>of</strong> the datathat is available at the <strong>state</strong> level. Utah is inHandgun Registration: Not registered. the process <strong>of</strong> creating an automatedDomestic Abuse file.Scope <strong>of</strong> Sales Covered: All sales byFederal Firearm Licensees are covered by Retention <strong>of</strong> Applications: As a Brady State<strong>state</strong> law including sales by pawnshops; the local CLEO keeps the approvedincluding redemptions.applications for a maximum <strong>of</strong> 20 days.Rejected applications are kept for 1 year.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Utahdoes not allow a convicted felon’s right to Current Activity: For the period from Marchown a handgun to be restored.<strong>of</strong> 1994 to May <strong>of</strong> 1994 Utah processed43,133 applications. There were 42,383Background Checks: Utah has an instant approved and 750 disapproved. Thischeck system. The dealer requests a check represents a rejection rate <strong>of</strong> 1.74%.from them by using a 1-800 number orregular phone. The results <strong>of</strong> that check aresent back to the dealer using the samemethod. If it is not rejected, the 5 day44


Handgun Registration: Handgunsare not registered in Vermont.Scope <strong>of</strong> Sales Covered: The onlysales <strong>of</strong> handguns that areregulated in the State are thosecovered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Vermontdoes not allow a convicted felon’s right toown a handgun to be restored.Background Checks: The dealer requests abackground check from the local sheriff andpolice departments by fax or certified mailand Vermont responds by fax, mail ortelephone.Information on the Application: Vermontdoes not provide for any additional databesides that on the standard form suppliedby the BATF.Inquiry Process: For applications whichVERMONTA BRADY STATESOURCE OF INFORMATION: This require no research the background checkinformation was provided by the Vermont process normally takes less than 2 days. ForDepartment <strong>of</strong> Public Safety. The CLEOs in those which do require research it normallythe <strong>state</strong> <strong>of</strong> Vermont are the local sheriffs takes less than 4 days.and police departments and for someunincorporated areas the State Police.Fees Charged: Vermont does not charge afee for the background check.Additional Restrictions on Purchase: The<strong>state</strong> <strong>of</strong> Vermont does not place any State Data: Vermont has access to theadditional restrictions on the following data on its <strong>state</strong> computerpurchase <strong>of</strong> handguns besidesnetwork: Wanted and Warrant data,those required in the Brady Act.Arrest data, Probation and Paroledata, Domestic Abuse,Limitations on Use: Vermont doesDishonorable Discharge, and Illegalnot place limitations on carrying Vermont alien data. These files containhandguns.100% <strong>of</strong> the data that is available atthe <strong>state</strong> level. ThePermits: Vermont does not requireWanted/Warrant and Domestica permit to purchase a handgun.Abuse files are automated.Pop562,75845Retention <strong>of</strong> Applications: As aBrady State the local CLEO keepsthe approved applications for amaximum <strong>of</strong> 20 days.Current Activity: Preliminary resultsfrom selected municipalities andcounties for the period March 1994 to Jan1996 show a rejection rate <strong>of</strong> about 2.06%


VIRGINIAA BRADY ALTERNATE STATESOURCE OF INFORMATION: This access to the Firearms Transaction Programinformation was provided by the Virginia through a terminal. The results <strong>of</strong> the checkState Police. This agency is a CLEO as are sent back to the dealer using the samedefined by the Brady Act.methods.Additional Restrictions on Purchase: A Information on the Application: Virginia’sperson cannot purchase more than 1 application contains the followinghandgun every 30 days unless authorized by information: name, address, race, sex,the State Police.height, weight, date <strong>of</strong> birth, SSN.Limitations on Use: Virginia places limitationson carrying concealed handguns.Permits: A permit to purchase a handgun isnot required.46Inquiry Process: For applications withoutdisqualifiers or which require no research,the background check process normallytakes less than 2 minutes.Fees Charged:Handgun Registration: Virginia chargesHandguns are not $2.00.registered in Virginia.State Data: VirginiaScope <strong>of</strong> Sales Virginia accesses theCovered: All sales by following data:PopFederal Firearm Wanted, Warrant,Licensees are covered6,187,358Capias, Protectiveby <strong>state</strong> law includingOrders, and 30 daysales by pawnshops; file for <strong>state</strong> lawhowever redemptionslimitation. These filesby the person whoare fully automatedpawned the gun if redeemed within the and contain 100% <strong>of</strong> the data that isbailment period are not covered by State available at the <strong>state</strong> level.law.Retention <strong>of</strong> Applications: Virginia keeps theRestoration <strong>of</strong> Rights: Rights are restored by approved applications for 30 days and thethe <strong>state</strong> circuit court and all <strong>of</strong> the disapproved applications for 2 years.applicant’s civil rights are restored by thegovernor.Current Activity: For 1994 and 1995, Virginiaprocessed 421,524 applications. ThereBackground Checks: Virginia has an instant were 418,173 approved and 3,351check system. The dealer requests a check disapproved. This represents a rejectionfrom them by using a 1-800 number or by rate <strong>of</strong> 0.80%.mail. In addition to the toll-free number,some high-volume dealers have direct


WASHINGTONA BRADY STATESOURCE OF INFORMATION: This purchases <strong>of</strong> handguns are done by the localinformation was provided by Washington sheriffs and police departments. The dealerState Patrol. This agency is not a CLEO as requests a check from the local sheriff ordefined by the Brady Act. The CLEOs in the police department by sending the application<strong>state</strong> <strong>of</strong> Washington are the local sheriffs and to the CLEO in person, via mail, fax orpolice departments.certified mail.Additional Restrictions on Purchase: The Information on the Application: Washington’s<strong>state</strong> <strong>of</strong> Washington places the following application contains the following information:additional restrictions onname, address, race, sex,the purchase <strong>of</strong> handgunsheight, weight, hair color,besides those required ineye color, date <strong>of</strong> birth,the Brady Act. The SSN, date <strong>of</strong> request, typeapplicant must not be <strong>of</strong> weapon, make, model,habitually intoxicated or and serial number <strong>of</strong>guilty <strong>of</strong> domestic abuse orharassment.WashingtonPop4,866,692weapon.Fees Charged:Limitations on Use: Washington does notWashington does place charge a fee for thelimitations on carrying background check.handguns includingcarrying a concealed handgun. It also placeslimitations on the purchase or carrying <strong>of</strong> along gun or a concealed long gun.Permits: Washington does not require apermit to purchase a handgun.State Data: Washington makes the followingdata available to each CLEO via its <strong>state</strong>widecomputer network: Wanted and Warrant dataand Arrest data. These files are fullyautomated and contain 100% <strong>of</strong> the data thatis available at the <strong>state</strong> level.Handgun Registration: Handguns are notregistered in Washington.Scope <strong>of</strong> Sales Covered: All sales by FederalFirearm Licensees are covered by <strong>state</strong> lawincluding sales by pawnshops; howeverredemptions by the person who pawned thegun are not covered by State law.Retention <strong>of</strong> Applications: As a Brady Statethe local CLEO keeps the approvedapplications for a maximum <strong>of</strong> 20 days.Restoration <strong>of</strong> Rights: The <strong>state</strong> does allowa convicted felon’s right to own a handgun tobe restored by petition <strong>of</strong> the court <strong>of</strong> recordor governor’s pardon.Background Checks: Background checks on47


WEST VIRGINIAA BRADY STATESOURCE OF INFORMATION: This <strong>of</strong> request, date action taken, action taken,information was provided by the West type <strong>of</strong> weapon, make, model and serialVirginia State Police. This agency is a CLEO number <strong>of</strong> weapon.as defined by the Brady Act.Inquiry Process: For applications whichAdditional Restrictions on Purchase: The require no research the background check<strong>state</strong> <strong>of</strong> West Virginia doesprocess normally takes lessnot place any additionalthan 5 days. For those whichrestrictions on the purchasedo require research it also<strong>of</strong> handguns besides thosetakes less than 5 days.required in the Brady Act.Fees Charged: West VirginiaLimitations on Use: Westdoes not charge a fee for theVirginia does place Westbackground check.limitations on carrying Virginiaconcealed handgun. It alsoState Data: West Virginia hasplaces limitations on thePopaccess to the following datapurchasing or carrying aon its <strong>state</strong> computer network:long gun.1,793,477Wanted and Warrant data,and Arrest data. These filesPermits: West Virginia does are fully automated andnot require a permit tocontain 100% <strong>of</strong> the data thatpurchase a handgun.is available at the <strong>state</strong> level.West Virginia also has some Domestic AbuseHandgun Registration: Handguns are not data that is kept manually.registered in West Virginia.Retention <strong>of</strong> Applications: As a Brady StateScope <strong>of</strong> Sales Covered: The only sales <strong>of</strong> West Virginia keeps the approvedhandguns that are regulated in the State are applications for a maximum <strong>of</strong> 20 days.those covered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> WestVirginia does not allow a convicted felon’sright to own a handgun to be restored.Background Checks: The dealer requests acheck from the regional center in WestVirginia via fax. The results <strong>of</strong> that check aresent back to the dealer.Information on the Application: WestVirginia’s application contains the followinginformation: name, date <strong>of</strong> birth, SSN, date48


WISCONSINA BRADY ALTERNATE STATESOURCE OF INFORMATION: This instant check system. Background checksinformation was provided by the Wisconsin on purchases <strong>of</strong> handguns are done byDepartment <strong>of</strong> <strong>Justice</strong>. This agency is a Wisconsin Department <strong>of</strong> Safety. The dealerCLEO as defined by the Brady Act. requests a check from them by using a 1-800 number. Wisconsin has a 48 hourAdditional Restrictions on Purchase: The minimum waiting period.<strong>state</strong> <strong>of</strong> Wisconsin does notplace any additional restrictionsInformation on the Application:on the purchase <strong>of</strong> handgunsWisconsin’s application containsbesides those required in thethe following information: name,Brady Act. address, race, sex, height,Wisconsin weight, date <strong>of</strong> birth, hair color,Limitations on Use: WisconsinPopeye color, previous names, datedoes place limitations on <strong>of</strong> request, date action taken, andcarrying handguns or concealed 4,891,769 action taken.handguns. It also placeslimitations on storage, Inquiry Process: For applicationstransportation, pointing at which require no research theanother person, endangering background check processthe safety, and possession by a normally takes less than 2minor. It places similar limitations on minutes. For those which do requirepurchase, or carrying <strong>of</strong> long guns.research it normally takes less than 1 day.Permits: Wisconsin does not require a permit Fees Charged: Wisconsin charges $8.00.to purchase a handgun.State Data: Wisconsin has access to theHandgun Registration: Not registered.following data on its <strong>state</strong> computer network:Wanted/Warrant, Arrest, Juvenile, andScope <strong>of</strong> Sales Covered: All sales by Mental Health Data. These files are fullyFederal Firearm Licensees are covered by automated. Probation and Parole data is<strong>state</strong> law including sales by pawnshops; kept manually. Wanted/Warrant, Arrest, andhowever redemptions by the person who Probation Parole files have 100% <strong>of</strong> the datapawned the gun are not covered by State that is available at the <strong>state</strong> level. On April 1law.Domestic Abuse data will be available.Restoration <strong>of</strong> Rights: Requires a pardonfrom the governor or can be done under therelief from disabilities act.Retention <strong>of</strong> Applications: Wisconsin keepsthe approved applications for 30 days andthe disapproved applications indefinitely.Background Checks: Wisconsin has an49


WYOMINGA BRADY STATESOURCE OF INFORMATION: This check are sent back to the dealer.information was provided by WyomingAttorney General. This agency is not a CLEO Information on the Application: Wyomingas defined by the Brady Act. The CLEOs in does not provide for any additional datathe <strong>state</strong> <strong>of</strong> Wyoming are the local sheriffs besides that on the standard form suppliedand police departments.by the BATF.Additional Restrictions on Purchase: The Fees Charged: There are no <strong>state</strong> mandated<strong>state</strong> <strong>of</strong> Wyoming does not place any fees. Any fee charged is at the discretion <strong>of</strong>additional restrictions on the purchase <strong>of</strong> the local CLEO.handguns besides thoserequired in the Brady Act.State Data: Wyoming makes thefollowing data available to eachLimitations on Use:WyomingCLEO via its <strong>state</strong>wide computerWyoming does place network: Wanted, Warrant datarestrictions on carrying Pop(Felony and Misdemeanor), andconcealed handguns. ItArrest data. These files are fullydoes not place any 453,588automated and contain 100% <strong>of</strong>restrictions on the use orthe data that is available at theacquisition <strong>of</strong> long guns.<strong>state</strong> level.Permits: Wyoming does notrequire a permit to purchase a handgun.Handgun Registration: Handguns are notregistered in Wyoming.Scope <strong>of</strong> Sales Covered: The only sales <strong>of</strong>handguns that are regulated in the State arethose covered by the Brady Act.Restoration <strong>of</strong> Rights: The <strong>state</strong> <strong>of</strong> Wyomingdoes allow a convicted felon’s right to own ahandgun to be restored through a governor’spardon.Retention <strong>of</strong> Applications: As aBrady State the local CLEO keeps theapproved applications for a maximum <strong>of</strong> 20days.Current Activity: For the period <strong>of</strong> February1994 thru January 1996, Wyomingprocessed 17,587 applications. There were17,237 approved and 350 disapproved.This represents a rejection rate <strong>of</strong> 1.99%.Background Checks: Background checkson purchases <strong>of</strong> handguns are done by thelocal sheriffs and police departments. Thedealer requests a check from the local sheriffor police department. The results <strong>of</strong> that50


AMERICAN SAMOAA BRADY STATESOURCE OF INFORMATION: This the sales receipt and the weapon to theinformation was provided by the American police and the police will run a backgroundSamoa Department <strong>of</strong> Public Safety. This check and issue a permit. The backgroundagency is a CLEO as defined by the Brady check includes checking with policeAct.departments on neighboring islands.Additional Restrictions on Purchase: The Information on the Application: N/A.territory <strong>of</strong>A m e r i c a nInquiry Process:Samoa does notN/A.allow handgunson the island.Fees Charged:Even local policeN/A.<strong>of</strong>ficers do notcarry handguns. State Data:A person’s N/A.baggage ischecked when Retention <strong>of</strong>they arrive, butApplications:some handgunsN/A.do escapedetection. Shotguns and .22 caliber rifles are <strong>Statistics</strong> Maintained: N/A.allowed.Limitations: See above.Permits: N/AHandgun Registration: N/A.Scope <strong>of</strong> Sales Covered: N/A.Restoration <strong>of</strong> Rights: N/A.Background Checks: Background checks onpurchases <strong>of</strong> shotguns and .22 caliber riflesare performed by the police. After theweapon is purchased the person must take51


PUERTO RICOA BRADY STATESOURCE OF INFORMATION: This Fees Charged: Puerto Rico does not chargeinformation was provided by the the Police <strong>of</strong> a fee for the background check.Puerto Rico. This agency is a CLEO asdefined by the Brady Act.State Data: UnknownAdditional Restrictions on Purchase: Retention <strong>of</strong> Applications: UnknownUnknownLimitations:UnknownPermits: PuertoRico does require apermit to purchasea handgun.H a n d g u nRegistration:Unknown.Scope <strong>of</strong> Sales Covered: UnknownRestoration <strong>of</strong> Rights: UnknownBackground Checks: Background checks onpurchases <strong>of</strong> handguns are done by thePolice <strong>of</strong> Puerto Rico. The requests are sentby certified mail or in person to the Police.The Police <strong>of</strong> Puerto Rico have an internalappeals process with written procedures andan external appeals process that involves thecourt system.Information on the Application: UnknownInquiry Process: The background checkprocess can take from 120 to 200 days.52


VIRGIN ISLANDSA BRADY ALTERNATE STATESOURCE OF INFORMATION: This Information on the Application: Varies withinformation was provided by the Virgin the kind <strong>of</strong> application being applied for.Islands Police Department. This agency is aCLEO as defined by the Brady Act.Inquiry Process: UnknownAdditional Restrictions on Purchase: Fees Charged: Virgin Islands charges aUnknown$5.00 application fee, a $18.00 renewal feeand a $15.00 late registration fee. TheLimitations:license must beUnknown renewed everythree years. NewPermits: Yes,photographs arethe applicant is required withissued a each renewal.purchasecoupon. State Data:UnknownHandgunRegistration:After purchasethe bill <strong>of</strong> sale and the weapon are brought tothe police where all the information isrecorded.Scope <strong>of</strong> Sales Covered: UnknownRestoration <strong>of</strong> Rights: UnknownBackground Checks: The applicant fills out areturns a completed notarize application.The application is accompanied by four (4)photographs and notarized <strong>state</strong>ments fromcharacter references. If no problems arefound during the background check, theapplications is forwarded to the PoliceCommissioner who approves or disapprovesit.53


District <strong>of</strong> ColumbiaA BRADY ALTERNATE STATESOURCE OF INFORMATION: Thisinformation was provided by the MetropolitanPolice Department <strong>of</strong> Washington D.C.Additional Restrictions on Purchase: Thelaws <strong>of</strong> Washington D.C. do not allow thepurchase or carrying <strong>of</strong> handguns except bylaw enforcement <strong>of</strong>ficers.Limitations:above.SeePermits: N/AH a n d g u nRegistration: N/A.Scope <strong>of</strong> SalesCovered: N/A.RestorationRights: N/A.<strong>of</strong>Background Checks: N/A.Information on the Application: N/A.Inquiry Process: N/A.Fees Charged: N/A.State Data: N/A.Retention <strong>of</strong> Applications: N/A.<strong>Statistics</strong> Maintained: N/A.54


Appendixes55


Appendix AState FIST ContactAlabama Connecticut IllinoisIsaac Kevin Herb Burnham Judy WelchCriminal <strong>Justice</strong> Info. Center Spl. License & Firearms Unit <strong>Bureau</strong> <strong>of</strong> Identification770 Washington, Rm 350 Connecticut State Police Illinois State PoliceMontgomery AL 36130 P.O. Box 2794 260 North Chicago Street(334) 242-4900 Middletown CT 06457 Joliet IL 60431(203) 685-8160 (815) 740-5175Alaska Delaware IndianaMichael F. Braddock Louis S. O’Day Bruce BryantAdministrative Services Firearms Trans. Program State Police Firearms Div.Department <strong>of</strong> Public Safety <strong>Bureau</strong> <strong>of</strong> Identification Indiana Govt. Center North5700 East Tudor Road P.O. Box 430 Rm 312, 100 N. Senate Ave.Anchorage AK 99507 Dover DE 19903 Indianapolis IN 46204(907) 269-5701 (302) 739-2934 (317) 232-8264Arizona Florida IowaTeresa Fuentes Martha Wright Carroll L. BidlerHandgun Clearance Center User Services, CJIS Division Div. Of Criminal InvestigationDepartment <strong>of</strong> Public Safety Fla. Dept. Of Law Enforce. Office <strong>of</strong> Public SafetyP.O. Box 6638 P.O. Box 1489 Wallace State Office BuildingPhoenix AZ 85005 Tallahassee FL 32302 Des Moines, IA. 50319(602) 223-2702 (904) 488-4931 (515) 281-8422Arkansas Georgia KansasTom Craig Charles A. Severs Charles SexsonCrime Information Center Crime Information Center <strong>Bureau</strong> <strong>of</strong> InvestigationOne Capitol Mall <strong>Bureau</strong> <strong>of</strong> Investigation 1620 Southwest TylerLittle Rock AR 72201 P.O. Box 370748 Topeka KS 66612(501) 221-8233 Decatur GA 30037 (913) 291-3029(404) 244-2605California Hawaii KentuckyMike Broderick Liane Moriyama Dana R. WinkelFirearms Program Criminal <strong>Justice</strong> Data Center Information Services CenterDepartment <strong>of</strong> <strong>Justice</strong> Kekuanao'a Bldg. Room 101 Kentucky State Police4949 Broadway 465 South King Street 1250 Louisville RoadSacramento CA 95820 Honolulu HI 96813 Frankfort KY 40601(916) 227-3500 (808) 587-3100 (502) 227-8700Colorado Idaho LouisianaBob Sexton Bob Taylor Michael K. FutchCrime Information Center Criminal History Unit Bur. Of Criminal Identification<strong>Bureau</strong> <strong>of</strong> Investigation Bur. <strong>of</strong> Criminal Identification Louisiana State Police690 Kipling St., Room #3000 P.O. Box 700 P.O. Box 66614Denver CO 80215 Meridian ID 83642 Baton Rouge LA 70896(303) 239-4289 (208) 884-7133 (504) 925-609556


Maine Missouri New HampshireJeffery D. Harmon Lt. Robert E. Gartner Michael DezterSupport Services Division Criminal Records Division Criminal RecordsMaine State Police State Highway Patrol James H. Hayes Safety Bldg.36 Hospital Street P.O. Box 568 10 Hazen DriveAugusta ME 04333 Jefferson City MO 65102 Concord NH 03305(207) 624-7062 (314) 526-6160 (603) 271-2500Maryland Montana New JerseyBernard H. Shaw Jim Oppedahl Joseph HawnFirearms License Section Department <strong>of</strong> <strong>Justice</strong> Department <strong>of</strong> State PoliceMaryland State Police 303 North Roberts River Road1711 Belmont Avenue P.O. Box 201405 P.O. Box 7068Woodlawn MD 21244 Helena MT 59620 West Trenton NJ 08625(410) 278-3385 (406) 444-4694 (609) 882-2000Massachusetts North Carolina New MexicoHamilton Perkins David P. Bryan Paul W. HerreraFirearms <strong>Bureau</strong> <strong>Bureau</strong> <strong>of</strong> Investigation Tech. & Emerg. Support Div.Department <strong>of</strong> Public Safety 407 North Blount Street Department <strong>of</strong> Public Safety200 Arlington St., Suite 200 Raleigh NC 27601 P.O. Box 1628Chelsea MA 02150 (919) 733-3171 Sante Fe NM 87504(617) 660-4780 (505) 827-3406Michigan North Dakota New YorkElizabeth Welton Robert J. Helten Leo CarrollCentral Records Division Bur. <strong>of</strong> Criminal Investigation Identification Systems, DCJSDepartment <strong>of</strong> State Police P.O. Box 1054 Stuyvesant Plaza7150 Harris Drive Bismarck ND 58502 Executive Park TowerLansing MI 48913 (701) 328-5500 Albany NY 12203(517) 322-5518 (518) 457-2351Minnesota Nebraska OhioKaren R. McDonald David Kohrell Tubbi JohnsC. J. Information System State Highway Patrol Bur. <strong>of</strong> Criminal IdentificationDepartment <strong>of</strong> Public Safety P.O. Box 94907 P.O. Box 3651246 University Avenue Lincoln NE 68509 London OH 43140St. Paul MN 55104 (402) 479-4938 (614) 852-2556(612) 642-0687Mississippi Nevada OklahomaMajor Melvin Maxwell Grace L. George Ronald R. YoungRecords and Identification Nevada Highway Patrol <strong>Bureau</strong> <strong>of</strong> InvestigationDepartment <strong>of</strong> Public Safety 555 Wright Way 6600 North Harvey, Suite 300P.O. Box 958 Carson City NV 89711 P.O. Box 11497Jackson MS 39205 (702) 687-6675 Oklahoma City OK 73116(601) 987-1566 (405) 848-6724OregonClifford W. DaimlerIdentification Services OregonState Police3772 Portland Road NESalem OR 97303(503) 378-307057


TexasWisconsinPennsylvania David Gavin Mary WestraErnest R. Spittler Crime Records Division Criminal Records Section<strong>Bureau</strong> <strong>of</strong> Records & Department <strong>of</strong> Public Safety Department <strong>of</strong> <strong>Justice</strong>Information Services P.O. Box 4143 123 West Washington Ave.1800 Elmerton Avenue Austin TX 78765 Madison WI 53702Harrisburg PA 17110 (615) 726-7917 (608) 267-2776(717) 783-5588UtahWyomingRhode Island Debra Overton James M. WilsonKenneth Cote Bur. <strong>of</strong> Criminal Identification Div. <strong>of</strong> Criminal InvestigationBur. <strong>of</strong> Criminal Investigation 4501 South 2700 West 316 West 22nd StreetDept <strong>of</strong> the Attorney General Salt Lake UT 84119 Cheyenne WY 8200272 Pine Street (801) 965-4409 (307) 777-7523Providence RI 02903(401) 421-5268VermontAmerican SamoaSouth Carolina Max Schleuter Jucinia Brown, ChiefJoseph Means Criminal Information Center Criminal Intelligence Coord.Law Enforcement Division Department <strong>of</strong> Public Safety Department <strong>of</strong> Public Safety4400 Broad River Road P.O. Box 189 P.O. Box 4567, Pago PagoP.O. Box 21398 Waterbury VT 05676 American Samoa 96799Columbia SC 29221 (802) 244-8788 (684) 633-2827(803) 896-7005VirginiaPuerto RicoSouth Dakota Captain R. Lewis Vass William MoralesThomas J. Del Grosso Records Management Div. Criminal Identification SectionAdministration Services Virginia State Police Police <strong>of</strong> Puerto RicoDiv. <strong>of</strong> Criminal Investigations P.O. Box 27472 P.O. Box 70166500 East Capitol Avenue Richmond VA 23261 San Juan, PR 00963Pierre SD 57501 (804) 674-2148 (787) 793-1234(605) 773-3331WashingtonVirgin IslandsTennessee Joan Smith Susan M. McDonaldKen Owens Identification Section Records <strong>Bureau</strong><strong>Bureau</strong> <strong>of</strong> Investigation State Highway Patrol Virgin Islands Police Dept.1148 Foster Avenue P.O. Box 42633 Criminal <strong>Justice</strong> ComplexP.O. Box 100940 Olympia WA 98504 St. Thomas, VI 00802Nashville TN 37224 (360) 705-5117 (809) 774-2211 ext. 206(615) 726-7917West VirginiaDistrict <strong>of</strong> ColumbiaThomas A. BarrickSusie SchaefferDepartment <strong>of</strong> State PolicePre-Trial Services Agency725 Jefferson Road Suite 310South Charleston WV 25309 400 F Street, N.W.(304) 746-2177 Washington, D.C. 20001(202) 727-291158


Appendix BStatus <strong>of</strong> the StatesNumber <strong>of</strong> CLEOs and Instant Check CapabilityNumber NumberBRADY <strong>of</strong> CLEOs ALTERNATIVE <strong>of</strong> CLEOsAlabama 67 California 1 (<strong>state</strong>)Alaska 35 Colorado* 1 (<strong>state</strong>)Arizona* 1 (<strong>state</strong>) Connecticut 1 (<strong>state</strong>)Arkansas 1 (<strong>state</strong>) Delaware* 1 (<strong>state</strong>)Kansas 123 Florida* 1 (<strong>state</strong>)Kentucky 1 (<strong>state</strong>) Georgia* 1 (<strong>state</strong>)Louisiana 59 Hawaii 4Maine 128 Idaho* 1 (<strong>state</strong>)Mississippi 263 Illinois 1 (<strong>state</strong>)Montana 59 Indiana 1 (<strong>state</strong>)Nevada* 1 (<strong>state</strong>) Iowa 99New Mexico 112 Maryland 1 (<strong>state</strong>)North Dakota 53 Massachusetts 270Ohio 1 (<strong>state</strong>) Michigan* 625Oklahoma 440 Minnesota 568Pennsylvania 67 Missouri 115Rhode Island 39 Nebraska 95South Carolina* 1 (<strong>state</strong>) New Hampshire* 1 (<strong>state</strong>)South Dakota 66 New Jersey 490Texas 991 New York 58Vermont 22 North Carolina 98Washington 291 Oregon 208West Virginia 1 (<strong>state</strong>) Tennessee 96Wyoming 40 Utah* 1 (<strong>state</strong>)Puerto Rico 1 (<strong>state</strong>) Virginia* 1 (<strong>state</strong>)Wisconsin* 1 (<strong>state</strong>)Virgin Islands 1 (<strong>state</strong>)(25) (27)States (17) in bold report an instant check capability. Asterisks indicate <strong>state</strong>s where the respondent reported “instantcheck.” For other <strong>state</strong>s, bold indicates that a <strong>state</strong>wide telephone number is provided that allows a firearms dealer fromanywhere within the <strong>state</strong> to directly contact a central location to determine within minutes, based on readily availabledata, if an individual is qualified or not qualified to purchase a handgun. (Additional research may be required on someinquiries, and this research may take much longer.) Also, <strong>state</strong>s shown in bold may accept inquiries by other modes,such as facsimile transmission or mail, and may require a waiting period prior to taking physical possession <strong>of</strong> theweapon. This table is based on data provided to REJIS as <strong>of</strong> April 1, 1996. American Samoa and the District <strong>of</strong>Columbia are not included in the table as neither permit the purchase <strong>of</strong> handguns. The term CLEO (Chief LawEnforcement Officer) refers to any agency designated as authorized to perform criminal record checks for handgunpurchases under the Brady Act or, in the case <strong>of</strong> Brady Alternative States, under its own legislation.59


Revised 6/3/96Initial rejection data reported as <strong>of</strong> January 1996Number Reject Number RejectBRADY processed rejected percent ALTERNATIVE processed rejected percentAlabama California 472,213 6,396 1.4Alaska 23,858 562 2.4 Colorado 118,020 7,625 6.5ArizonaConnecticutArkansas 40,019 686 1.7 Delaware 5,697 347 6.1Kansas Florida 553,865 18,495 3.3KentuckyGeorgiaLouisianaHawaiiMaine Idaho 57,266 1,716 3.0Mississippi Illinois 190,055 1,927 1.0Montana 22,040 167 0.8 IndianaNevada 59,727 1,325 2.2 IowaNew Mexico Maryland 32,605 360 1.1North DakotaMassachusettsOhio 119,564 651 0.5 Michigan 201,797 1,696 0.8Oklahoma 10,860 289 2.7 MinnesotaPennsylvaniaMissouriRhode IslandNebraskaSouth Carolina New Hampshire 5,794 39 0.7South DakotaNew JerseyTexasNew YorkVermontNorth CarolinaWashingtonOregonWest VirginiaTennesseeWyoming 17,587 350 2.0 Utah 43,133 750 1.7Puerto Rico Virginia 421,524 3,351 0.8WisconsinVirgin IslandsNotes:1. The average rejection rate for the Brady <strong>state</strong>s is 1.4%.The average rejection rate for the Brady Alternative <strong>state</strong>s is 2.1%.The overall U.S. rejection rate is 2.0%.2. See pages 1 to 54 for the time periods covered (varies by <strong>state</strong>).3. Georgia, Indiana, and South Carolina data are not included as the information provided isonly for a one month period.60

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