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Posted on February 2, 2022 in News
The Second Amendment provides all United States citizens with the basic right to bear firearms. However, this essential right to gun ownership has, unfortunately, come with a contentious debate of what it means to own a firearm in the United States. As gun violence and gun deaths have spiked in some states, this has led to local governments imposing more regulations regarding gun control – but this has also led to unnecessary, over-the-top restrictions on the vast majority of responsible, respectful gun owners. Additionally, with 2022 being an election year, many states will likely introduce legislation to strengthen or loosen gun restrictions.
As of now, which states are the best for responsible gun owners? With help from data visualization agency 1Point21 Interactive, our Arizona law firm analyzed each state’s comprehensive gun laws, culture, and sentiments to determine where responsible gun owners may find their liberties preserved by state law and oversight.
*This map is interactive. Hover over each state to reveal each state’s Gun Friendly Index (GFI) score and its rank among the 50 states and D.C.
*This table scrolls horizontally to reveal more information.
| Rank | State | Waiting Period? | Univ. BG Checks? | Open Carry | CCW | Castle Doctrine? | Gun Bans? | Capacity Limit? |
|---|---|---|---|---|---|---|---|---|
| 1 | Alaska | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 2 | Arizona | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 3 | Wyoming | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 4 | Montana | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 5 | Idaho | None | None | Yes | Shall issue | Stand Your Ground | None | None |
| 6 | Oklahoma | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 7 | Kentucky | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 8 | Kansas | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 9 | Missouri | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 10 | Texas | None | None | Yes for long guns, and handguns (permit required, only in holster) | Constitutional carry | Stand Your Ground | None | None |
| 11 | South Dakota | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 12 | Utah | None | None | Yes; loaded firearms require a CCW | Constitutional carry | Stand Your Ground | None | None |
| 13 | West Virginia | None | None | Yes | Constitutional carry | Stand Your Ground | None | None |
| 14 | North Dakota | None | None | Yes for long guns, and handguns (unloaded only during day, all times if CCW permit holder) | Constitutional carry (residents only) | Stand Your Ground | None | None |
| 15 | Alabama | None | None | Yes | Constitutional carry (beginning January 1st, 2023) | Stand Your Ground | None | None |
| 16 | Tennessee | None | None | Yes for long guns (unloaded), Yes for handguns (permit required) | Constitutional carry | Stand Your Ground | None | None |
| 17 | New Hampshire | None | None | Yes (loaded rifles, shotguns, or muzzleloaders prohibited in certain vehicles in motion) | Constitutional carry | Stand Your Ground | None | None |
| 18 | Mississippi | None | None | Yes for long guns, Yes for handguns (in a sheath, belt holster, shoulder holster, scabbard, or case that is wholly or partially visible) | Constitutional carry | Stand Your Ground | None | None |
| 19 | Nevada | None | Yes – all sales | Yes, although loaded rifles and shotguns are not allowed in vehicles on public highways or roads | Shall issue | Stand Your Ground | None | None |
| 20 | Michigan | None | Yes permit required for handguns | Yes | Shall issue (residents only, license required) | Stand Your Ground | None | None |
| 21 | New Mexico | None | Yes, except sales between immediate family members | Yes | Shall issue | Stand Your Ground | None | None |
| 22 | Indiana | None | None | Yes for long guns, Yes for handguns (if in a vehicle, must be unloaded, not readily accessible, and in a secure case) | Constitutional carry | Stand Your Ground | None | None |
| 23 | Georgia | None | None | Yes for long guns, and handguns (permit required) | Constitutional carry | Stand Your Ground | None | None |
| 24 | Vermont | None | Yes – all sales | Yes | Constitutional carry | No stand your ground, but no duty to retreat | LCAM | 10 rounds for long guns; 15 for handguns |
| 25 | Arkansas | None | None | Handguns not allowed, except under specific circumstances | Constitutional carry | Castle Doctrine, no duty to retreat | None | None |
| 26 | Iowa | must acquire permit, which takes 3 days to go into effect | Yes permit required for handguns only | Yes for long guns (under specific circumstances), and handgun (permit required) | Constitutional carry | Stand Your Ground | None | None |
| 27 | Nebraska | None | Yes permit required for handguns only | Yes | Shall issue | Castle Doctrine only | None | None |
| 28 | Pennsylvania | None | Yes – private firearms sales | Yes, except for Philadelphia (permit required) | Shall issue* | Stand Your Ground | None | None |
| 29 | Illinois | 72 hours | Yes – permit required | No | Shall issue* | Stand Your Ground | Assault weapons ban (Cook County, Chicago only) | None |
| 30 | Florida | 3 days or time required to complete background check; does not apply in certain circumstances | None | No | Shall issue | Stand Your Ground | None | None |
| 31 | Ohio | None | None | Yes | Constitutional carry | Stand Your Ground within one’s vehicle, no duty to retreat | None | None |
| 32 | North Carolina | None, but it may take 14 days to receive a license to purchase a handgun and private sellers must verify that buyer has a permit or license | Yes permit required for handguns only | Yes | Shall issue | Stand Your Ground | None | None |
| 33 | Minnesota | 5 business days, up to 7 depending on the circumstances | None | No for rifles and shotguns, Yes for handguns (permit required) | Shall issue* | Castle Doctrine only | “Semiautomatic military-style assault weapon” may be purchased if not covered under other prohibitions | None |
| 34 | Louisiana | None | None | Yes | Shall issue (residents only) | Stand Your Ground | None | None |
| 35 | Wisconsin | None | None | Yes | Shall issue (state and military residents only) | Stand Your Ground within one’s vehicle | None | None |
| 36 | South Carolina | None | None | Yes for long guns | Shall issue (residents and qualified non-residents) | Stand Your Ground | None | None |
| 37 | Oregon | None | Yes – all sales | Yes | Shall issue* | Stand Your Ground | Cities and counties can restrict, regulate, or prohibit possession of loaded firearms in public spaces | None |
| 38 | Virginia | None | Yes – all sales | Yes | Shall issue* | Stand Your Ground | Assault firearm under certain circumstances | None |
| 39 | Colorado | None | Yes – all sales | No | Shall issue (residents only)* | Stand Your Ground | LCAM | 15 rounds |
| 40 | Delaware | None | Yes – all sales | Yes | May issue (residents only) | Castle Doctrine only | Assault weapons purchased prior to June 30th, 2022 | None |
| 41 | Maine | None | None | Yes | Constitutional carry | Castle Doctrine only | None | None |
| 42 | Washington | 10 days on “semiautomatic assault rifles”; 10 days to complete background check | Yes – all sales | No, except under specific circumstances | Shall issue | Stand Your Ground | Restrictions on large capacity magazines | None |
| 43 | Maryland | 7 days, on “regulated firearms”(handguns and assault weapons) | Yes – handguns only | Yes for long guns, and handguns (permit required) | Shall issue | Castle Doctrine only | LCAM, Assault weapon | 10 rounds |
| 44 | Rhode Island | 7 days | Yes – all sales | Yes for long guns, and handguns (permit required) | Shall issue* | Castle Doctrine only | It is illegal to sell weapons or ammunition to people under the age of 21, ban on magazines with over ten rounds | None |
| 45 | Hawaii | 14 calendar days; does not apply in certain circumstances | Yes – permit required | Yes, with a permit/license | May issue | Castle Doctrine only | LCAM, Assault pistols | 10 rounds (handguns only) |
| 46 | Connecticut | None | Yes – all sales | Yes for long guns, and handguns (permit required) | May issue | Castle Doctrine only | LCAM, Assault weapons | 10 rounds |
| 47 | New Jersey | 7 days for all handguns, up to 30 days pursuant to permit processing | Yes – all sales | Yes for long guns (relevant ID required), and handguns (permit required) | May issue | Castle Doctrine only | LCAM, Assault firearms | 10 rounds |
| 48 | California | 10 days, up to 30 days pursuant to DOJ approval | Yes – all sales | All firearms not allowed, loaded or unloaded | May issue (residents only) | Stand Your Ground | LCAM, Assault weapons, guns without serial numbers, sale of firearms to persons under the age of 21 (limited exceptions) | 10 rounds |
| 49 | Massachusetts | None | Yes – permit required | Yes, with a permit/license | May issue | Castle Doctrine only | LCAM, Assault weapon | 10 rounds |
| 50 | New York | None, but all handgun owners must obtain license | Yes – all sales | Yes for long guns only; New York does not issue licenses for open possession of handguns | May issue ruled unconstitutional, additional state legislation pending | Castle Doctrine only | LCAM, Assault weapons | 10 rounds |
| 51 | D.C. | 10 days | Yes – all sales | No | Shall issue | Duty to Retreat | LCAM, Assault weapons | 10 rounds |
*CCW – Concealed Carry Weapons
LCAM – Large-capacity ammunition magazines
Our Arizona attorneys ranked all states in a proprietary Gun Friendly Index, calculated by assigning scores to multiple parameters and weighing them based on importance to gun owners. At the end, this was then weighted based on the overall culture and sentiment toward firearms in the state. The following parameters include:
Any prolonged period of time in which purchasers must wait from the point of purchase until they finally receive their firearm. These laws can vary to no waiting period whatsoever, to complex processes that are further extended by required registration, permit applications, interviews, and final governmental approval.
Although federal law requires licensed dealers to conduct comprehensive background checks on those buying a firearm, the same law does not apply to unlicensed or otherwise private transactions. Universal background checks aim to bridge that gap by mandating background checks for all firearms purchasers – regardless of a licensed dealer. However, opponents of this say that universal background checks may often be overreaching – especially in gun-friendly states where private sales among close members of the community occur.
Laws for or against open carrying a firearm and carrying a concealed weapon (CCW) are heavily weighed in our score. Although reasonable laws preventing open carry and CCW may prove effective in curbing gun violence, many of the stricter states pass reactionary legislation that is over-the-top, introducing restrictions and definitions that are often impractical or otherwise incredibly inconvenient.
Those states which enable open carry with little restrictions scored highly in our analysis. In addition, any states which practiced constitutional carry laws in regard to CCW also scored the highest.
Also known as the “no duty to retreat” law, these statutes enable people to use reasonable force in order to defend themselves or others in the face of unlawful force. This is in direct contrast to a “duty to retreat” law, in which a person must first exercise their right to retreat from a hostile situation as best as possible. Only when this retreat has failed can the person then exercise their self-defense rights. A variation of this statute is also known as the Castle Doctrine, a law that mandates that stand-your-ground principles are only applicable within your own personal premises.
In our study, those states which preserved gun owners’ right to defend themselves scored the highest, and those that enforce duty to retreat laws scored lowest.
Many states attempt to place excessive bans on specific types of firearms and firearm accessories in an attempt to restrict availability to irresponsible gun owners – but in doing so, can block access for all gun owners. This can include restrictions on the max magazine capacity of firearms, as well as a ban on large-capacity magazines.
In addition, any relevant bans on assault-type rifles were considered under these parameters as well. Those states which enforced minimal bans and restrictions scored the highest – while those who had strict restrictions and excessive, unreasonable definitions of assault weapons scored the lowest.
A state’s final scores were weighted based on the strength of gun culture within the state. This was determined by a few key factors:
In general, those states which ranked high in responsible gun ownership also had an established appreciation and reverence for firearms in their history.
The following five states scored the highest total in our proprietary Gun Friendly Index.
In our findings, Alaska was the best state in the country for responsible owners and operators of firearms. Aside from the basic federal laws regarding firearms regulation, there are little to no statewide regulations on gun ownership – with much of the discretion left to those who practice responsible gun use.
Alaska practices no waiting period to own a gun, no universal background checks, and no bans or restrictions on assault weapons or magazine capacity. In addition, Alaska allows open carry of all firearms, as well as constitutional carry privileges for those who wish to conceal carry.
Further, Alaska scores perfect marks on gun culture, primarily due to its widespread acceptance of firearms into the Alaskan way of life. In the state, guns are not a privilege but rather a tool that allows citizens to go about their normal way of life. Additionally, with much of Alaska being rural, guns empower citizens to protect themselves and their families.
Not far behind Alaska is Arizona, which ranked second in our analysis. Much like Alaska, Arizona has been entirely accepting of firearms as a part of the state’s culture, and its laws on firearms reflect that. Arizona gun laws reflect a trust in its citizens to do the right thing regarding firearms, putting the benefit of the doubt on gun owners to practice responsible measures through and through.
Much like Alaska, firearms in Arizona are a way of life, scoring full marks in culture. The only reason that Alaska remains in a higher position than Arizona is gun ownership; Alaska has the third-highest household percentage of gun owners in the country – approximately 65% of Alaska households own at least one gun. By contrast, only 46% of Arizona households report owning at least one gun.
According to our findings, those states which provided a more rural lifestyle certainly ranked as the best places for responsible gun owners. States that had more expansive countryside and promoted a more wide-open, freer way of life tended to not only have looser restrictions regarding gun ownership, but also less judgmental sentiments regarding gun ownership.
These states include Wyoming, Montana, and Idaho, which filled in the top 5 – and all of which have incredibly progressive policies on gun freedom and ownership. In all three, all gun owners are allowed to open or conceal carry without any license restrictions – all at their own personal discretion. Wyoming and Montana in particular had the highest percentage of gun owners in the country, with 66.2% and 66.3%, respectively.
Additionally, although both Montana and Idaho had stricter laws on paper regarding conceal carry provisions, they are more of a formality at best – and not subject to the same complex scrutiny and long-winded procedures as some of the coastal states.
Beyond conceal carry laws, there is not much that could be improved in these rural states regarding gun ownership for responsible operators – and ranking them is arguably splitting hairs on states that all treat firearms owners exceptionally well.
The worst states for responsible gun owners are not much of a surprise; they are states that arguably implement too much governmental overreach with not much consideration to context or circumstances. Although there is a concern in unfit citizens securing firearms, in many of these states, strict practices and restrictions are implemented without consideration of those who may be genuinely responsible as gun owners. They are often subject to waiting periods that may be longer than anticipated, with bureaucratic oversight and red tape that can make securing even a home defense weapon an inconvenient hassle.
The worst state for responsible gun owners is New York by a large margin. This is not only due to the restrictions that the state implements in its laws, but also in the limitations that even responsible gun owners are subject to after qualifying for a gun purchase. This is especially true in the case of handguns; rifles and shotguns, by contrast, have very little restrictions in regard to possession, registration, permit to purchase, and license to carry.
Possession of a handgun in New York requires a permit to purchase, license to carry, and registration of the firearm before it is transferred to your possession. Further, New York issues different types of carry licenses based on specific factors. Although this is intended to restrict the unauthorized use of handguns, it arguably implements unreasonable limitations on reasonable gun owners. For example, a license may be issued to those who wish to possess a handgun within their own dwelling – but only within their dwelling. Other licenses may allow you to possess and carry at your place of business – but only if there is reasonable cause, and not necessarily in an unrestricted concealed basis.
New York receives further scrutiny for its draconian restrictions within New York City itself. NYC has laws that are considerably stricter than the state laws, with more stringent restrictions – and an application process that is unreasonably longer than most other states. In fact, a permit or license application in NYC can take upwards of six months to process – essentially half a year to obtain a firearm you may have already paid for.
This unreasonable stigma toward gun ownership is reflected in the state’s culture; although there are pockets of the state where possessing a firearm is celebrated, the culture in general looks to firearms as a dangerous nuisance rather than a useful tool in responsible hands.
Ranked second-worst state, Massachusetts arguably has some of the strictest gun laws in the country. Compared to other states, permitting and gun registration is taken very seriously. In most states, permitting occurs at a gun store as part of the purchasing process. By contrast, Massachusetts requires prospective firearms owners to apply for a permit at the local police department. In addition, even if you do pass the checks, the police chief at the department has the ability to deny you at their own discretion.
Although this may be a contributor to the relatively low number of gun death rates in the state, it has also resulted in the lowest gun ownership rates in the country. The result is a state where gun culture is nearly nonexistent – and gun owners may find themselves feeling singled out and subject to unfounded scrutiny.
Much like Massachusetts and New York, a permit is required to purchase a firearm in California, and the application process is equally lengthy. The state has implemented a standard waiting period of 10 days for an application to be approved. However, at any point, the state Department of Justice may intervene and extend the process up to 30 days. Open carry of all firearms is not allowed in California, loaded or unloaded – and although it is a “may issue” state regarding CCW, its selective processes make that permit incredibly difficult to obtain.
Although California does have a rich past celebrating gun culture, the significant swing toward liberal policies throughout the state (as well as an incredible rise in gang violence in its inner-city) has given firearms a stigma in the state that it may not recover from.
The Garden State implements much of the same laws as its East Coast neighbors, Massachusetts and New York. Handgun permitting requires passing an extensive application process by a local police chief or State Police superintendent, and obtaining a carry permit for a handgun is increasingly rare, if not impossible, with recent legislation tightening requirements for a carry permit.
Although the District of Columbia ranks incredibly low in our findings on the basis of its laws, it is important to mention that the general culture in the nation’s capital may be changing. Prior to 2008, most residents of Washington, D.C. were completely prohibited from possessing firearms both in their homes and in public. However, in 2008, a Supreme Court decision declared that all citizens had an individual right to gun ownership. In addition, a 2017 court decision struck down a city law that required prospective gun owners to present a compelling, “good reason” to carry a firearm outside their dwelling.
As a result, there have been a significant increase in both the purchase of firearms and the approval of concealed carry permits in the state. In March 2020 alone, more than 4,000 people were given gun permits from the police department.
Although the permitting process is still relatively exhaustive, like most of the states that join D.C.’s lower ranks, this easing of restrictions may be a hopeful beginning of more empowerment in responsible gun owners – a change in the tide for general sentiment of guns in the nation’s capital. As time goes on, this change in sentiment may hopefully trickle down to other states which have expressed displeasure at gun ownership as a whole.
At AZ Defenders, we performed this analysis after our years of service protecting the rights of gun owners, representing residents of Arizona in both civil and criminal defense matters.