In addition, North Dakota has adopted other classes of prohibited persons and incorporated some of the federal prohibitions as state offenses. North Dakota provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:. For information on the background check process used to enforce these provisions, see the North Dakota Background Checks section. Ohio law also restricts sales to young people.
Ohio has no law preventing firearm purchase or possession by violent misdemeanants or persons subject to domestic violence restraining orders. For information on the background check process used to enforce these provisions, see Background Checks in Ohio. Oregon also prohibits the possession of a firearm by a person convicted of a felony under the laws of any state or the United States, unless:. Oregon prohibits any person from intentionally selling, delivering, or otherwise transferring a firearm when the transferor knows or reasonably should know that the recipient:.
This provision does not apply if the recipient was granted relief from the disability under federal or state law or has had his or her record expunged. For information on the background check process used to enforce these provisions, see the Oregon Background Checks section. Pennsylvania law provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been convicted of:. A person who has been convicted of driving under the influence on three or more separate occasions within a five-year period is prohibited from purchasing but not possessing a firearm.
Pennsylvania law allows persons who are prohibited by Pennsylvania law from possessing firearms by virtue of a criminal conviction to apply to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the firearm prohibition. Note that federal law still considers a person to be prohibited from purchasing and possessing firearms even if state law purports to have restored his or her firearms eligibility, unless the person has had all of his or her civil rights restored not just his or her firearms eligibility.
For information on the background check process used to enforce these provisions, see the Pennsylvania Background Checks section. Rhode Island has adopted its own classes of prohibited persons, and incorporated some federal prohibitions as state offenses. Subject to limited exceptions, no person shall purchase, own, carry, transport, or possess a firearm if he or she:.
Rhode Island also generally prohibits any person under age 18 from possessing or using any firearm or ammunition. The state also prohibits the purchase, sale, lease, rental, barter, exchange, transportation into the state or possession of a firearm by an alien unlawfully present in the U. In , South Carolina enacted a law prohibiting gun possession by certain domestic abusers. For information on the background check process used to enforce these provisions, see the South Carolina Background Checks section.
Oregon Sex Crimes
South Dakota law provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:. For information on the background check process used to enforce these provisions, see the South Dakota Background Checks section. Tennessee prohibits anyone convicted of a felony from possessing a handgun. Tennessee prohibits juveniles persons under age 18 from knowingly possessing a handgun. In addition, Tennessee prohibits any person from selling a firearm to any person: 1 convicted of stalking; 9 2 addicted to alcohol; 3 ineligible to receive a firearm under federal law; 4 judicially committed to a mental institution; or 5 adjudicated as a mental defective.
For information on the background check process used to enforce these prohibitions, see the Tennessee Background Checks section. Texas law provides that a person who has previously been convicted of a felony commits a felony of the third degree if he or she possesses a firearm:.
For prohibitions against people subject to domestic violence protective orders, see the Texas Domestic Violence and Firearms section. For information on the background check process used to enforce these provisions, see the Texas Background Checks section. Generally, no person or organization may possess or control any firearm in the District of Columbia unless the person or organization holds a valid registration certificate.
To obtain a registration certificate, an applicant must pass a background check conducted by the Chief of Police Chief. The Chief must confirm that the applicant: 4. In addition, a registration applicant may be disqualified for adjudication of negligence if he or she has had an entry of judgment or a consent order or decree of negligence against him or her in any civil suit concerning the discharge of a firearm resulting in death or serious injury to a human being without regard to the filing of criminal charges, or the finding by a coroner of negligent homicide.
Utah law provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:. In , Utah repealed its prohibition against firearm possession by a person currently under indictment for a felony. If a finding is made that the subject of a child protective order or an ex parte child protective order may pose a serious threat of harm to the minor, the order may prohibit the subject from purchasing, using or possessing a firearm. For information about the background check process used to enforce these prohibitions, see the Utah Background Checks section.
Federal law prohibits certain people from purchasing or possessing firearms , such as people convicted of felonies, certain domestic abusers, and certain people with a history of mental illness. Before , Vermont had not adopted any classes of prohibited persons broader than those set forth under federal law and had not made sales to those purchasers a state crime.
However, in , Vermont passed a law prohibiting a person who has been convicted of a violent crime from possessing a firearm. A Vermont court may, as a condition of probation, require that an offender or juvenile offender refrain from purchasing or possessing a firearm or ammunition without written permission from the court, probation officer, or juvenile probation officer. For information on the background check process used to enforce these provisions, see the Vermont Background Checks section.
These firearm prohibitions do not apply, however, to i any person who possesses a firearm while carrying out duties as a member of the U. A person prohibited from possessing, transporting, or carrying a firearm or ammunition may petition the circuit court of the jurisdiction in which he or she resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense, for a permit to possess or carry a firearm or ammunition.
For information on the background check process used to enforce these provisions, see the Virginia Background Checks section. Washington provides that no person may own, possess, or have in his or her control any firearm, if that person: 1. In , Washington voters overwhelmingly approved of a law that enables individuals who are most likely to notice the warning signs of violence— family members— to petition a court to remove guns from a loved one in crisis.
Notes of Decisions
The law, called an Extreme Risk Protection Order ERPO , allows family members, as well as law enforcement officers, to file a petition demonstrating to a judge that an individual poses a significant risk of harm to himself, herself, or others. If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year. An individual subject to an ERPO is prohibited from possessing firearms, and must relinquish his or her guns to law enforcement 5. For more information about these types of laws see our policy page on Extreme Risk Protection Orders.
Washington also prohibits any person who is not a U. Moreover, the state prohibits any person serving a sentence in a state correctional institution and any person confined in a county or local correctional institution from knowingly possessing or controlling a firearm while in the institution or being conveyed to or from the institution or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution. Beginning on January 1, , Washington will allow individuals to voluntarily waive their right to possess a firearm.
An individual may revoke his or her voluntary waiver no sooner than seven calendar days after filing the waiver.
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Information in the database is not subject to public disclosure. For further information on the background check process used to enforce these provisions, see the Washington Background Checks section. West Virginia provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:. West Virginia allows any of the prohibited purchasers listed above to petition the circuit court of the county in which he or she resides to regain the eligibility to possess a firearm.
See our Prohibited Purchasers Generally policy summary for a comprehensive discussion of this issue.
Similarly, Wisconsin law prohibits the purchase or possession of a firearm by any person who has been:. Committed to a treatment facility as mentally ill or drug dependent; 1. Appointed a guardian; 2 or. Ordered to protective services or protective placement; 3. The Wisconsin prohibition against firearm possession by an individual found guilty by reason of insanity, mental disease or defect does not apply if a court subsequently determines that the person is no longer insane or no longer has a mental disease, defect or illness, and the person is not likely to act in a manner dangerous to public safety.
Wisconsin has no laws preventing the purchase or possession of firearms by violent misdemeanants. For information on the background check process used to enforce these provisions, see the Wisconsin Background Checks section. Wyoming prohibits the use or knowing possession of a firearm by any person who has previously pled guilty to or been convicted of committing or attempting to commit a violent felony or any felony causing bodily injury to a peace officer.
In , Wyoming enacted a Firearms Freedom Act, purporting to exempt from federal regulation any firearm manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming. The law also states that, to purchase such a firearm, a person must not fall within any of these categories and must comply with certain age restrictions. Alabama has no laws preventing the purchase or possession of firearms by juvenile offenders.
Notes Ala. Additionally, a person may not be considered to have been convicted for the purposes of this section if the person is not considered to have been convicted in the jurisdiction in which the proceedings were held or if the conviction has been expunged, set aside, or is of an offense for which the person has been pardoned or has had civil rights restored, unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
It also includes any Class A felony or any Class B felony that has as an element serious physical injury, the distribution or manufacture of a controlled substance, or is of a sexual nature involving a child under the age of A valid protection order must also 2 b y its terms, explicitly prohibit the use, attempted use, or threatened use of physical force against the qualified individual or child that would reasonably be expected to cause bodily injury.
Notes Alaska Stat. The felon is exempt from this prohibition if he or she has written authorization to live in a dwelling in which there is a concealable weapon from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located. Notes Ariz. A person who is adjudicated delinquent under Ariz. Arkansas prohibits any person from owning or possessing any firearm if he or she has been: Convicted of a felony including cases where the sentence is suspended or the defendant is placed on probation unless the case was dismissed or expunged or the person was subsequently granted a pardon explicitly restoring the ability to possess a firearm; Adjudicated mentally ill; or Committed involuntarily to any mental institution.
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Notes Ark. Code Ann. California prohibits the purchase or possession of firearms by any person who: Has been convicted of a felony, or is addicted to narcotic drugs; 1 Has been convicted of specified crimes, both felonies and misdemeanors, involving violence, hate crime offenses, or the unlawful use of firearms. Notes Cal. Notes Colo. Notes Conn. Notes See Del. Notes Fla. Notes Ga. Is less than 25 years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug; Is a minor who: 1 is or has been under treatment for addiction to any dangerous drug, intoxicating compound, or intoxicating liquor; 2 is a fugitive from justice; or 3 has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect; Is subject to a gun violence prevention order; 2 Has been convicted of a third or subsequent offense of failing to report the loss or theft of a firearm as required by section Notes Idaho Code Ann.