The GMW Concealed Carry Gun Pack. Now available now on Amazon.com. BUY NOW
The GMW IWB magazine holster with built-in neodymium magnets. Now available now on Amazon.com. BUY NOW
Carrying a firearm has become a way of life for many Americans and the majority of those who carry concealed firearms cite self defense as their primary motivation for carrying. However, carrying a gun entails a huge responsibility on the part of the carrier. Permits and licenses are often required by law to be able to carry a concealed weapon. This is because a knowledge of gun safety practices is paramount for a concealed carrier.
Laws vary widely between states with regard to open and concealed carrying. All states have special restrictions for certain locales such as hospitals, schools, and government buildings. It is illegal to carry a weapon in many states without the proper permits. Some states recognize the permits of other states and this is called reciprocity. Other states do not recognize permits from other states which means even if you are licensed to carry a firearm in your home state you will not be allowed to in these states unless you get their specific permits. You should always be aware of where you are when carrying and what laws are in place.
Illegally carrying a firearm in the United States will subject you to various sanctions and penalties and these penalties also vary by jurisdiction. If you are curious about how this works, read on. This article will help you get up to speed on the concealed carrying penalties you may face if caught unaware.
TYPES OF CONCEALED CARRY PERMITS
In the United States, state legislatures determine most gun laws. As such, the penalties for carrying without a permit vary from one state to another. States are categorized in 3 broad ways with regards to carrying permits:
May Issue States
In most of these states, you will need to provide a reason for applying for a carry permit. “Just in case” is not a valid reason so make sure to have an appropriate reason for carrying when applying for a permit. These states require a “good cause” for your application but these “good causes” aren’t necessarily defined. This gives the courts the right to deny applications for concealed carry permits and stop further attempts to acquire such permits.
May Issue states include California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York, and Rhode Island. While these are known as May Issue states, many of them often direct their licensing authorities to issue licenses to every applicant that comes through. So in practice some of these states are basically Shall Issue states.
Shall Issue
The vast majority of US States are Shall Issue states including Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. There is no need for a “good cause” when applying for a permit in these states. All you have to do is provide the necessary documentation and the issuing authority will have no other option but to issue a permit as long as nothing else legally stops you from carrying a firearm such as a prior felony conviction.
No Issue
No Issue states are pretty tough. Generally to get a concealed carry permit from these states you need to have some special qualification such as being an ex-law enforcement officer, an active on-duty security guard, or an active member of the military. Currently there aren’t any No Issue states technically, although some, like Maryland are considered to be No Issue states in practice. The American Territory of American Samoa is an example of a No Issue jurisdiction.
APPLYING FOR A CONCEALED CARRY PERMIT
In most states in order to legally carry a concealed firearm, you need to first apply for a permit to carry. The application requirements will vary from one state to another. General rules are that you need to be a legal resident of the US, not a convicted felon, and not suffering from a mental disability that could make it unsafe for you to carry a firearm. Other common restrictions are that you will not have been convicted of a crime involving a controlled subtance, that your are without a conviction of domestic violence in the last 3 years, not a habitual drinker and not considered incapacitated or institutionalized in a mental hospital. Finally, you might need to show proof that you can safely handle a firearm. This is where proof of training comes in.
Concealed Carry Training
The first step for many concealed carriers is to undergo concealed carry training. This is required by most states. The required training will vary from one state to another so check your state’s regulations. A basic gun safety course such as the hunter’s safety courses or the NRA’s Basic Pistol course will often suffice. The NRA Basic Pistol training course covers gun safety fundamentals and basic handgun shooting with range and live fire training. Hunter’s safety courses, on the other hand, are more oriented towards outdoor pursuits. Make sure to get a certificate or other proof of your training.
Handgun Qualification
In some states, you may be required to undergo a written exam, handgun qualification shooting drills, or both. Currently about half of US states require live-fire training. All of this will vary depending on the jurisdiction.
How the Application Process Works
After completing your training, you’ll be ready to apply for your permit to carry. The application process is relatively simple. You go to the proper agency and start filling out papers. State or local law enforcement rules may apply so expect a trip to the municipal police, county sheriff, or state patrol office. When applying, you will need to present a few basic documents such as a driver’s license or Social Security Card for identification purposes. After filling out your form, you will next undergo fingerprinting. Most fingerprints are done digitally these days, which is nice. The last step of your application is usually a background check. You will normally have to wait 30 to 60 days to know if your application is approved or not.
WHAT ARE THE PENALTIES FOR CARRYING FIREARMS?
Concealed carry penalties will vary from state to state. When determining an appropriate penalty for a violation, judges will likely consider the following:
Your criminal history
Previous acts of violence
Evidence of intention to use a firearm
Failure to cooperate with the police
Concealed carrying will be considered a felony under the following circumstances:
You have a prior felony conviction or any firearms-related offense
You are carrying a stolen firearm
You have gang affiliation
You are prohibited from carrying a firearm owing to a previous conviction or restraining order
You are carrying a loaded firearm of which you are not the registered owner
If convicted of a felony for carrying a concealed weapon, penalties for carrying without permit could be 1 – 3 years imprisonment or a fine of up to $10,000.
Possession by a Prohibited Person
Under federal firearms laws, possession of a firearm or ammunition by a prohibited person is punishable by up to 10 years of imprisonment. Minimum sentencing could be 15 years without parole if an offender has more than three prior convictions for a felony crime of violence and/or drug trafficking. The offense should have the following elements:
Possession or receipt of a firearm or ammunition
By a subject who falls within one of the following categories:
Convicted felons or persons awaiting trial on felony charges are prohibited from receiving firearms.
Drug users or addicts – where paraphernalia is seized, subject is tested positive for drugs, and/or subject claims drugs were possessed for personal use.
Aliens, including illegal aliens and aliens lawfully admitted under non-immigrant visas. This includes aliens not admitted for permanent residency. Not included are aliens who lawfully possess a “green card.”
Has a domestic restraining order which prohibits contact with an intimate partner or child issued after a hearing of which the subject was notified and had an opportunity to participate. The order should also find the subject as a threat to the physical safety of the partner or child. The order should also prohibit the use, threatened use, or attempted use of physical force.
Fugitive from justice meaning subject left another state to avoid being prosecuted or testifying in any criminal proceeding.
Dishonorably discharged from military service.
Note that it is also illegal to supply a weapon to any person prohibited from possessing a weapon.
Use, Carry, or Possession of Firearm for Furthering Drug Felony or Federal Crime of Violence
Punishment will range from at least 5 years to life imprisonment without parole or death if death is due to the use of firearms. The sentence is served consecutive to other sentences. The mandatory minimum sentence will increase based on the following: type of firearm used, whether more than one offense was committed, and whether the gun was simply possessed, brandished, or discharged.
Stolen Firearm, Ammunition, or Explosive
Offense is punishable by up to 10 years imprisonment based on the following facts of the case:
Offender may not receive, possess, conceal, store, pledge or accept as security for a loan, sell, ship, or transport across states a stolen firearm, ammunition, or explosive.
May not steal or unlawfully take or carry away a firearm from the person or premises of a firearms licensee.
Carrying in a School Zone
Violation is punishable by imprisonment of up to 5 years.
Knowingly Possess or Manufacture Prohibited Weapons
Violating this provision subjects the offender to 5 to 10 years imprisonment depending on specific violations which could be any of the following:
Any machine gun, fully automatic firearm or any part designed or intended exclusively for use in such weapon
Firearm or silencer, including any device, or part thereof, designed to silence, muffle or diminish the report of a firearm
Sawed off shotgun with a barrel length of less than 18” or overall length of less than 26”
Sawed off rifle with a barrel length of less than 16” or overall length of less than 26”
Destructive device
Semi-automatic assault weapon manufactured after October 1, 1993; or
Firearms which lacks a serial number or contains an altered or obliterated serial number
Sell, Deliver, or Transfer a Weapon to a Juvenile
Under Federal Firearms Law, this is punishable by up to 1 year imprisonment unless transferor had reason to believe the juvenile would commit a crime of violence using the gun or ammunition. A sentence could go up to 10 years in such a case.
A firearms licensee could face imprisonment of up to 5 years depending on violations such as selling to an underage person.
To avoid penalties for carrying without a permit, you should be aware of these laws and the corresponding consequences. Always have your permit handy. Know state laws and be aware of duty to inform laws. Be safe out there!
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok
Penalties & Sanctions for Carrying Without a Permit
The GMW Concealed Carry Gun Pack. Now available now on Amazon.com.
BUY NOW
BUY NOW
Carrying a firearm has become a way of life for many Americans and the majority of those who carry concealed firearms cite self defense as their primary motivation for carrying. However, carrying a gun entails a huge responsibility on the part of the carrier. Permits and licenses are often required by law to be able to carry a concealed weapon. This is because a knowledge of gun safety practices is paramount for a concealed carrier.
Laws vary widely between states with regard to open and concealed carrying. All states have special restrictions for certain locales such as hospitals, schools, and government buildings. It is illegal to carry a weapon in many states without the proper permits. Some states recognize the permits of other states and this is called reciprocity. Other states do not recognize permits from other states which means even if you are licensed to carry a firearm in your home state you will not be allowed to in these states unless you get their specific permits. You should always be aware of where you are when carrying and what laws are in place.
Illegally carrying a firearm in the United States will subject you to various sanctions and penalties and these penalties also vary by jurisdiction. If you are curious about how this works, read on. This article will help you get up to speed on the concealed carrying penalties you may face if caught unaware.
TYPES OF CONCEALED CARRY PERMITS
In the United States, state legislatures determine most gun laws. As such, the penalties for carrying without a permit vary from one state to another. States are categorized in 3 broad ways with regards to carrying permits:
May Issue States
In most of these states, you will need to provide a reason for applying for a carry permit. “Just in case” is not a valid reason so make sure to have an appropriate reason for carrying when applying for a permit. These states require a “good cause” for your application but these “good causes” aren’t necessarily defined. This gives the courts the right to deny applications for concealed carry permits and stop further attempts to acquire such permits.
May Issue states include California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York, and Rhode Island. While these are known as May Issue states, many of them often direct their licensing authorities to issue licenses to every applicant that comes through. So in practice some of these states are basically Shall Issue states.
Shall Issue
The vast majority of US States are Shall Issue states including Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. There is no need for a “good cause” when applying for a permit in these states. All you have to do is provide the necessary documentation and the issuing authority will have no other option but to issue a permit as long as nothing else legally stops you from carrying a firearm such as a prior felony conviction.
No Issue
No Issue states are pretty tough. Generally to get a concealed carry permit from these states you need to have some special qualification such as being an ex-law enforcement officer, an active on-duty security guard, or an active member of the military. Currently there aren’t any No Issue states technically, although some, like Maryland are considered to be No Issue states in practice. The American Territory of American Samoa is an example of a No Issue jurisdiction.
APPLYING FOR A CONCEALED CARRY PERMIT
In most states in order to legally carry a concealed firearm, you need to first apply for a permit to carry. The application requirements will vary from one state to another. General rules are that you need to be a legal resident of the US, not a convicted felon, and not suffering from a mental disability that could make it unsafe for you to carry a firearm. Other common restrictions are that you will not have been convicted of a crime involving a controlled subtance, that your are without a conviction of domestic violence in the last 3 years, not a habitual drinker and not considered incapacitated or institutionalized in a mental hospital. Finally, you might need to show proof that you can safely handle a firearm. This is where proof of training comes in.
Concealed Carry Training
The first step for many concealed carriers is to undergo concealed carry training. This is required by most states. The required training will vary from one state to another so check your state’s regulations. A basic gun safety course such as the hunter’s safety courses or the NRA’s Basic Pistol course will often suffice. The NRA Basic Pistol training course covers gun safety fundamentals and basic handgun shooting with range and live fire training. Hunter’s safety courses, on the other hand, are more oriented towards outdoor pursuits. Make sure to get a certificate or other proof of your training.
Handgun Qualification
In some states, you may be required to undergo a written exam, handgun qualification shooting drills, or both. Currently about half of US states require live-fire training. All of this will vary depending on the jurisdiction.
How the Application Process Works
After completing your training, you’ll be ready to apply for your permit to carry. The application process is relatively simple. You go to the proper agency and start filling out papers. State or local law enforcement rules may apply so expect a trip to the municipal police, county sheriff, or state patrol office. When applying, you will need to present a few basic documents such as a driver’s license or Social Security Card for identification purposes. After filling out your form, you will next undergo fingerprinting. Most fingerprints are done digitally these days, which is nice. The last step of your application is usually a background check. You will normally have to wait 30 to 60 days to know if your application is approved or not.
WHAT ARE THE PENALTIES FOR CARRYING FIREARMS?
Concealed carry penalties will vary from state to state. When determining an appropriate penalty for a violation, judges will likely consider the following:
Concealed carrying will be considered a felony under the following circumstances:
If convicted of a felony for carrying a concealed weapon, penalties for carrying without permit could be 1 – 3 years imprisonment or a fine of up to $10,000.
Possession by a Prohibited Person
Under federal firearms laws, possession of a firearm or ammunition by a prohibited person is punishable by up to 10 years of imprisonment. Minimum sentencing could be 15 years without parole if an offender has more than three prior convictions for a felony crime of violence and/or drug trafficking. The offense should have the following elements:
Note that it is also illegal to supply a weapon to any person prohibited from possessing a weapon.
Use, Carry, or Possession of Firearm for Furthering Drug Felony or Federal Crime of Violence
Punishment will range from at least 5 years to life imprisonment without parole or death if death is due to the use of firearms. The sentence is served consecutive to other sentences. The mandatory minimum sentence will increase based on the following: type of firearm used, whether more than one offense was committed, and whether the gun was simply possessed, brandished, or discharged.
Stolen Firearm, Ammunition, or Explosive
Offense is punishable by up to 10 years imprisonment based on the following facts of the case:
Carrying in a School Zone
Violation is punishable by imprisonment of up to 5 years.
Knowingly Possess or Manufacture Prohibited Weapons
Violating this provision subjects the offender to 5 to 10 years imprisonment depending on specific violations which could be any of the following:
Sell, Deliver, or Transfer a Weapon to a Juvenile
Under Federal Firearms Law, this is punishable by up to 1 year imprisonment unless transferor had reason to believe the juvenile would commit a crime of violence using the gun or ammunition. A sentence could go up to 10 years in such a case.
A firearms licensee could face imprisonment of up to 5 years depending on violations such as selling to an underage person.
To avoid penalties for carrying without a permit, you should be aware of these laws and the corresponding consequences. Always have your permit handy. Know state laws and be aware of duty to inform laws. Be safe out there!