Firearm Purchaser Licensing
What is Firearm Purchaser Licensing?
Firearm Purchaser Licensing laws (also called permit-to-purchase) require an individual to apply for and obtain a license before purchasing a firearm. These laws help to prevent people with a history of violence, those at risk for future violence or self-harm, and gun traffickers from obtaining firearms.
Firearm Purchaser Licensing laws enhance universal background checks by providing state and local officials more time to check an applicant’s history. They can cross-check federal information with local records to ensure that the applicant is not prohibited from owning a firearm. These additional safeguards within the Firearm Purchaser Licensing system also reduce the likelihood of straw purchasing, or purchases made by a person not prohibited from owning a firearm on behalf of a person who cannot legally own one.
Firearm Purchaser Licensing creates robust mechanisms of accountability among both prospective purchasers and sellers to ensure that those disqualified from ownership can’t obtain a firearm.1 These laws generally require an applicant to apply to state or local law enforcement, undergo a background check often facilitated by fingerprints, complete a firearms safety course, and wait for the application to be processed before acquiring a firearm. Research shows that firearm licensing is one of the most effective ways to reduce gun homicides and suicides.
Why are Firearm Purchaser Licensing laws needed?
Federal law requires that anyone wishing to purchase a firearm from a federally licensed firearms dealer, such as a gun store, undergo a background check. While this law is important in preventing prohibited individuals from obtaining firearms, it has loopholes that can easily be exploited.
Federal law does not regulate the transfer of guns between private parties, often between sellers at gun shows or who connect through online gun marketplaces. Additionally, current background check law allows a federal firearms licensee to legally sell a firearm three business days after a request for a background check, even if the background check is still pending.2 This “default proceed” loophole has allowed thousands of prohibited persons to acquire firearms. In 2021 alone, the FBI reported 5,203 cases where prohibited purchasers bought guns from a licensed dealer because of this loophole.3
Firearm Purchaser Licensing laws close these two loopholes ensuring that background checks are conducted on anyone seeking to obtain a firearm. While researchers have found that state universal background check laws reduce gun trafficking, they have not found consistent results that universal background checks alone reduce gun violence.4 The enhancements provided by Firearm Purchaser Licensing laws are an integral supplement to universal background check laws allowing law enforcement to properly investigate prospective purchasers before a sale is made.5
Strong firearm licensing laws save lives. These laws generally require:
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Enhanced background check
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Application to state or local law enforcement
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Fingerprinting
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Completion of firearms safety course
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Waiting period
Research shows Firearm Purchaser Licensing laws are effective
Research consistently shows that Firearm Purchaser Licensing laws are associated with significant reductions in multiple forms of firearm violence including homicide, suicide, and shootings by police.
Connecticut's Firearm Purchaser Licensing law associated with fewer firearm deaths; repeal of Missouri's law associated with more firearm deaths:
Researchers from the Johns Hopkins Center for Gun Violence Solutions have published multiple studies on the impact of Connecticut’s Firearm Purchaser Licensing law and Missouri’s repeal of its law on homicide and suicide rates.
These studies use a method called synthetic control modeling to estimate the impact of Firearm Purchaser Licensing laws on gun violence. They statistically compared what could have occurred if the law was never passed (control) to what actually occurred (intervention).6 This is a highly regarded method used in social science research to make causal inferences about how a policy impacts a population. Their latest study using this method found that:
- Connecticut’s 1995 Handgun Licensing law was associated with a 28% reduction in the state’s firearm homicide rate and a 33% reduction in the state’s firearm suicide rate from 1996 to 2017.7
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The repeal of Missouri’s Handgun Licensing law in 2007 was associated with a 25% increase in the annual firearm homicide rate during the first three years after the repeal8 and a 16% increase in firearm suicide rate during the five years after the repeal.9
28% decrease
in the firearm homicide rate in Connecticut after implementation.
25% increase
in Missouri's firearm homicide rate after repeal.
33% DECREASE
in Connecticut's firearm suicide rate.
16% INCREASE
in Missouri's firearm suicide rate.
Firearm Purchaser Licensing laws associated with fewer firearm homicides in cities:
In another study, researchers at our Center examined the impact of a variety of state gun laws on homicides in large urban counties. After controlling for a range of socioeconomic and demographic variables, as well as firearm laws, law enforcement expenditure, and incarceration rates, they found that:
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Firearm Purchaser Licensing laws were associated with an 11% reduction in firearm homicides in urban counties from 1984-2015.10
Firearm Purchaser Licensing laws can prevent guns from being diverted for criminal use:
Studies have found that state Firearm Purchaser Licensing laws reduce the flow of guns trafficked within and between states and diverted for criminal misuse. These studies found that states with Firearm Purchaser Licensing had:
- Fewer crime guns recovered by police within the state.11
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Fewer crime guns exported to other states and recovered by police.12, 13
Firearm Purchaser Licensing laws help reduce mass shootings:
A 2020 study of mass shootings across the country found that after controlling for relevant variables including other gun laws: 14
- States with strong handgun licensing laws were associated with 56% fewer mass shooting incidents, and
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67% fewer mass shooting victims.
Firearm Purchaser Licensing laws can reduce shootings by police:
A cross-sectional study published in 2023 found that after controlling for demographics and state gun laws, firearm purchaser licensing laws were associated with: 15
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A 28% lower rate of shootings by police.
Key elements of effective Firearm Purchaser Licensing
While research around what components make Firearm Purchaser Licensing laws effective is ongoing, researchers have highlighted the following components: 16
Enhanced background checks
States with strong firearm purchaser licensing have enhanced background check systems in place that allow the background check to be conducted within the state instead of solely relying on the FBI’s under-resourced National Instant Criminal Background Check System (NICS).
This allows state and local authorities to access more records of disqualifying conditions that may not have been reported to the FBI and to cross-check state and federal records. For example, Massachusetts’s database of serious misdemeanors, including prohibiting domestic violence convictions, is inaccessible to the FBI. 17 Firearm purchaser licensing laws allow local authorities to search such state databases for prohibiting factors. Firearm purchaser licensing laws also ensure that a thorough background eligibility determination is completed before any firearm transfer is made.18
An application process that includes fingerprinting
An application process that includes fingerprinting helps state law enforcement to screen out prohibited people who may have otherwise slipped through the cracks of the federal background check system. In some cases, errors in the background check process can misidentify applicants. Fingerprinting allows for faster and more accurate identification of the applicant and the ability to match the applicant to state and federal records. Fingerprinting may also act as a deterrent to straw purchasers and to those who have malicious intent, who may be less likely to try to purchase a firearm if they know that it will require them to submit their fingerprints.
Researchers have found that firearm purchaser licensing laws requiring fingerprinting were associated with a 45% decrease in interstate firearm trafficking while firearms licensing laws without fingerprinting were not linked to statistically significant reductions in trafficking. 19
In-person application process
Requiring firearm licensing application process to have an in-person component helps deter people who may not be flagged in the background check system but are at high risk of violence or self-harm. For example, people who have malicious intent may be less likely to obtain a firearm if they have to interact directly with law enforcement. These people include straw purchasers, firearms traffickers, and those who intend to buy a firearm to perpetrate violence. 20Research to date has found that in-person application processes (including fingerprinting) are linked to a 9% reduction in the firearm homicide rates in urban counties. 21
However, the in-person application process raises potential racial equity concerns. Black, Hispanic and people from other minoritized communities may be deterred from seeking a firearm purchaser license because of their distrust and fear of law enforcement. Policymakers should monitor this potential unintended consequence of requiring an in-person application process. Law enforcement can also work to mitigate this equity concern by building trusting partnerships within the Black and Hispanic communities they serve. Enacting meaningful police reforms and procedurally just practices within police departments may help to mitigate these equity concerns.
Proof of firearms safety training
Most states with firearms purchaser licensing require that the applicant complete an approved firearm safety course, at least for first time purchasers. The training requirements vary significantly by state but generally require learning how to safely handle and store a firearm, and an overview of state and federal firearm laws. Some states require more robust safety training, such as Hawaii, which requires two hours of live firing at a range. Research suggests that safety courses which teach safe storage practices may be linked to an increased likelihood that gun owners store their firearms properly. 22 This is important because safe storage practices can reduce firearm suicide and unintentional injuries, especially among children and teens.
Built-in waiting periods
Waiting periods require that a firearms seller wait a stipulated number of days before transferring a firearm to the purchaser. The built-in waiting period between the time an individual submits a firearm licensing application and the time they are approved can last, on average, up to 30 days.23 This gives federal authorities and state law enforcement enough time to complete a thorough background check. Waiting periods close the “default proceed” loophole in federal law that allows dealers to transfer a firearm after three days even when a background check on the prospective purchaser is not yet complete.
Built-in waiting periods help reduce firearm injury and death by reducing the likelihood individuals in crisis can immediately acquire a gun, deterring sudden decisions to perpetrate self-directed or interpersonal violence. Putting time and space between a firearm and a person who is experiencing suicidality increases the possibility that the suicidal thoughts subside and the crisis passes before the person takes lethal action.
Research has found that states with handgun waiting periods are effective on their own on reducing gun violence. An analysis of state-level mandatory waiting periods from 1970 to 2014 found waiting periods are associated with a 17% reduction in gun homicides and a 7-11% reduction in firearm suicides. 24
Which states have Firearm Purchaser Licensing laws?
The majority of state Firearm Purchaser Licensing laws function as a license to purchase a firearm (permit-to-purchase), while three states and the District of Columbia require a license to own a firearm (including purchase). The framework and strength of these laws vary widely across states.
*Pending legal challenge
Connecticut
Requires an Eligibility Certificate to Purchase a Pistol or Revolver. The process includes an in-person application with local law enforcement, fingerprinting, and submitting proof of firearm safety training. The state also requires a firearms license for a long gun, called an Eligibility Certificate to Purchase Long Guns. The application process for a long gun license is similar to that for a handgun but does not require an in-person application with local law enforcement. Prospective firearm purchasers may also purchase a firearm using a valid permit to carry a handgun. 25
Type of Permit: Permit-to-Purchase
Key Licensing Components: Universal background checks, safety training requirements, fingerprinting, in-person application, no discretionary denial, built in waiting period of up to 90 days
Type: All firearms
Quantity: Multiple
Duration: 5 years
Connecticut Office of Governmental Accountability Board of Firearms Permit Examiners
District of Columbia
Requires a person to obtain a gun registration certificate before they can possess a firearm. The registration process includes the components of firearm licensing such as an in-person application, a background check, proof of a firearm safety course, and fingerprinting. It also requires individuals to provide specific details about the firearm, such as its serial number, to local law enforcement.26
Type of Permit: Registration
Key Licensing Components: Universal background checks, safety training requirement, fingerprinting, in person-application (for handguns only), waiting period built in as part of the licensing process lasting up to 60 days
Type: All firearms
Quantity: One handgun per permit (each 30 days)
Duration: 3 years
Hawaii
Requires a license to obtain a firearm and for all firearms to be registered. Individuals must submit documentation, including fingerprinting and completion of firearms safety course. Applicants must also provide local law enforcement with specific details about the firearm, including the gun’s serial number. Law enforcement has discretion to deny a firearms license.27
Type of permit: Permit-to-purchase
Key Licensing Components: Universal background check, safety training, fingerprinting, in-person application, discretionary denial, 14 day waiting period
Type: All firearms
Quantity: One handgun per permit, multiple long guns per permit (over one year period)
Duration: Valid for ten days for pistols and revolvers and one year for rifles and shotguns
Hawaii Police Department Firearm Services
Illinois
Requires a Firearm Owner's Identification (FOID) card to acquire or possess any type of firearm. To obtain an FOID an applicant must submit an application to state police, but from there the process does not require fingerprinting or a firearms safety course. 28
Type of permit: License to own
Key Licensing Components: Universal background check, applicant must provide a photo or be fingerprinted, in-person application, 72 hours waiting period
Type: All firearms
Quantity: Multiple
Duration: Ten years
Maryland
Requires a Handgun Qualification License. The application process includes submitting fingerprints and proof of completing a firearms safety course to Maryland state police. 29
Type of permit: Permit to purchase
Key Licensing Components: Universal background check for handguns, safety training, fingerprinting, in-person application, 7 day waiting period for handguns
Type: Handguns
Quantity: Multiple
Duration: Ten years
Massachusetts
Issues two different types of firearm licenses, a Firearm Identification Card (FID) and License to Carry (LTC). Firearm Identification Card allows individuals to purchase or possess shotguns or rifles. The License to Carry allows individuals to purchase, possess, and carry all lawful firearms including handguns. Both licenses require an in-person application process at the local police department that includes fingerprinting and proof of completing a firearms safety course. Law enforcement has discretion to deny a firearm license if they determine, based on reliable and credible information, that the applicant is unsuitable and that issuing a license “may create a risk to public safety.” 30
Type of permit: License to carry and permit to purchase
Key Licensing Components: Universal background check, safety training, fingerprinting, in-person application, discretionary denial, up to 40 days waiting period
Type: All firearms
Quantity: License to own is valid for multiple guns, permit to purchase is valid for one handgun
Duration: 6 years for license to carry, 10 days for permit to purchase
Michigan
Firearm licensing law only requires handgun licensing for private transactions; handguns sold from federally licensed firearms dealers can be purchased without a firearm license. Michigan’s firearm license is for handguns only and does not require fingerprinting or a safety training. Prospective firearm purchases may also use a valid concealed pistol license to purchase a handgun. 31
Type of permit: Permit to purchase
Key Licensing Components: Universal background check, in-person application, discretionary denial
Type: Handguns
Quantity: Multiple
Duration: 30 days
Nebraska
Requires a license to acquire a handgun. The prospective purchaser can apply to local law enforcement in person or by mail. The state does not require fingerprinting or a firearms safety course as part of the application process. Prospective firearm purchasers may also purchase a handgun with a valid concealed handgun permit. The Nebraska statute has an exemption that could allow individuals to purchase a handgun from a federally licensed firearms dealer without first obtaining a firearm license, by signing a consent form for an instant background check. This loophole in the Nebraska statute is not currently operable but it has the potential to undermine Nebraska’s firearm licensing system. 32
Type of permit: Permit to purchase
Key Licensing Components: Universal background check
Type: Handguns
Quantity: Multiple
Duration: 3 years
New Jersey
Requires a Firearms Purchaser Identification Card (FPIC) for the purchase of long guns and a separate permit to purchase a handgun. Both of these permits require an in-person application with law enforcement that includes fingerprinting. Law enforcement has the discretion to deny a permit if issuing one “would not be in the interest of the public health, safety or welfare.” 33
Type of permit: Permit to purchase and license to own
Key Licensing Components: Universal background check (handguns), fingerprinting, in-person application, discretionary denial, 7 days waiting period (handguns)
Type: Handguns for permit to purchase, all firearms for license to own
Quantity: Multiple license to own, one handgun PTP
Duration: 90 days permit to purchase, indefinite license to own
New York
Requires a Firearms Purchaser Identification Card (FPIC) for the purchase of long guns and a separate permit to purchase a handgun. Both of these permits require an in-person application with law enforcement that includes fingerprinting. Law enforcement has the discretion to deny a permit if issuing one “would not be in the interest of the public health, safety or welfare.” 33
Type of permit: License to own
Key Licensing Components: Universal background check (handguns), fingerprinting, in-person application, discretionary denial, up to 6 months
Type: Handguns
Quantity: One gun per permit
Duration: 3-5 years, varies by county
Oregon*
Requires a Firearms Purchaser Identification Card (FPIC) for the purchase of long guns and a separate permit to purchase a handgun. Both of these permits require an in-person application with law enforcement that includes fingerprinting. Law enforcement has the discretion to deny a permit if issuing one “would not be in the interest of the public health, safety or welfare.” 33
Type of permit: Permit to purchase
Key Licensing Components: Universal background check, safety training, fingerprinting, in-person application, up to 30 days
Type: All firearms
Quantity: Multiple
Duration: 5 years
*Pending legal challenge
Does the public support Firearm Purchaser Licensing laws?
Nationally, over 70% of adults support Firearm Purchaser Licensing laws, including over 60% of gun owners. Interestingly, support for Firearm Purchaser Licensing laws among gun owners is 18% higher in states with firearm licensing than in states without these laws. This finding suggests that gun owners who have gone through the licensing process do not consider such laws to be particularly burdensome or onerous. 38
Firearm Purchaser Licensing support among gun owners
Firearm Purchaser Licensing is a common sense policy that places very little burden on gun owners and is supported by a clear majority of gun owners with first-hand experience of the purchaser licensing process.
77% support
Gun owners who live in a state with Firearm Purchaser Licensing
59% support
Gun owners who live in a state without Firearm Purchaser Licensing
The need for Firearm Purchaser Licensing on all guns
Some states have Firearm Purchaser Licensing laws that only apply to handguns. This is partly because handguns are by far the largest contributor to firearm violence, accounting for roughly 70% of firearm homicides 36and firearm suicides. 37 However, long guns still account for thousands of preventable deaths each year. Firearm Purchaser Licensing laws that cover all types of guns can help stop these needless tragedies.
Recommendations
- States should enact and implement Firearm Purchaser Licensing laws, including universal background checks on all gun sales, an application processed by state or local law enforcement, fingerprinting, and proof of firearms safety training. States and localities should collect relevant data and make it publicly available to ensure there is equitable implementation and no population is being disproportionately impacted.
- Congress should pass a universal background check law, requiring background checks on all gun sales (see universal background checks for complete recommendation). Congress should incentivize states to enact Firearm Purchaser Licensing laws by providing funding to states to support robust and equitable implementation.
Citations
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1. Wintemute GJ. (2019). Background checks for firearm purchases: Problem areas and recommendations to improve effectiveness. Health Affairs.
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2. 18 U.S. Code § 922. (t)(1)(B)(ii)
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3 National Instant Criminal Background Check System (NICS). 2020-2021 NICS Operations Report. P.22.
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4 See: Castillo-Carniglia A, Webster DW, Cerdá M, Kagawa R, Vernick JS, Wintemute GJ, & Crifasi CK. (2018). California’s comprehensive background check and misdemeanor violence prohibition policies, and firearm mortality. Annals of Epidemiology, and Kagawa RM, Rudolph KE, Cerda M, Castillo AC, Shev BA, Webster D, Vernick JS, Crifasi CK, & Wintemute GJ. (2018). Repeal of comprehensive background check policies and firearm homicide and suicide. Journal of Epidemiology. Journal of Epidemiology.
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5 Wintemute GJ. (2019). Background checks for firearm purchases: Problem areas and recommendations to improve effectiveness. Health Affairs.
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6 See: Rudolph KE, Stuart EA, Vernick JS, & Webster DW. (2015). Association between Connecticut’s permit-to-purchase handgun law and homicides. American Journal of Public Health. And Crifasi CK, Meyers JS, Vernick JS, & Webster DW. (2015). Effects of changes in permit-to-purchase handgun laws in Connecticut and Missouri on suicide rates. Preventive Medicine.
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7 McCourt A, Crifasi C, Vernick J, Kagawa R, Wintemute G & Webster D. (2020). Purchaser licensing, point-of-sale background check laws, and firearm homicide and suicide in 4 US states, 1985–2017. American Journal of Public Health.
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8 Webster D, Crifasi CK, & Vernick JS. (2014). Effects of the repeal of Missouri's handgun purchaser licensing law on homicides. Journal of Urban Health.
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9 Crifasi CK, Meyers JS, Vernick JS, & Webster DW. (2015). Effects of changes in permit-to-purchase handgun laws in Connecticut and Missouri on suicide rates. Preventive Medicine.
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10 Crifasi CK, Merrill-Francis M, McCourt A, Vernick JS, Wintemute GJ, & Webster DW. (2018). Correction to: Association between firearm laws and homicide in urban counties. Journal of Urban Health.
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11 Webster DW, Vernick JS, & Hepburn LM. (2001). Relationship between licensing, registration, and other gun sales laws and the source state of crime guns. Injury Prevention.
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12 Webster DW, Vernick JS, McGinty EE, & Alcorn T. Preventing the diversion of guns to criminals through effective firearm sales laws. In: Webster D, Vernick J, eds. Reducing Gun Violence in America: Informing Policy with Evidence and Analysis. Baltimore, MD: The Johns Hopkins University Press; 2013.
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13 Collins T, Greenberg R, Siegel M, Xuan Z, Rothman EF, Cronin SW, & Hemenway D. (2018). State firearms laws and the interstate transfer of guns in the USA, 2006-2016. Journal of Urban Health.
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14 Webster DW, McCourt AD, Crifasi CK, Booty MD, & Stuart EA. (2020). Evidence concerning the regulation of firearms design, sale, and carrying on fatal mass shootings in the United States. Criminology & Public Policy.
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15 Crifasi, C. K., Ward, J., McCourt, A. D., Webster, D., & Doucette, M. L. (2023). The association between permit-to-purchase laws and shootings by police. Injury epidemiology.
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16 Crifasi CK, McCourt AD, & Webster DW. (2019). The impact of handgun purchaser licensing on gun violence. Center for Gun Policy and Research, Johns Hopkins University.
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17 Tien JM, Cahn MF, Einstein DM, & Neray RC, (2008). Cost-benefit of point-of-contact (POC) versus non-POC firearm eligibility background checks. Structured Decisions Corporation (SDC). Research report submitted to the U.S. Department of Justice.
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18 Wintemute GJ. (2019). Background checks for firearm purchases: Problem areas and recommendation to improve effectiveness. Health Affairs.
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19 Webster DW, Vernick JS, McGinty EE, & Alcorn T. Preventing the diversion of guns to criminals through effective firearm sales laws. In: Webster D, Vernick J, eds. Reducing Gun Violence in America: Informing Policy with Evidence and Analysis. Baltimore, MD: The Johns Hopkins University Press; 2013:109-122.
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20 Wintemute GJ. (2019). Background checks for firearm purchases: Problem areas and recommendation to improve effectiveness. Health Affairs.
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21 Crifasi CK, Merrill-Francis M, McCourt A, Vernick JS, Wintemute GJ, & Webster DW. (2018). Correction to: Association between firearm laws and homicide in urban counties. Journal of Urban Health.
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22 Crifasi CK, McGinty EE, Douchette M, Webster DW, Barry CL. (2018). Storage practices of U.S. gun owners in 2016. American Journal of Public Health.
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23 Crifasi C. (2019). Background checks and firearm purchaser licensing. Presentation at American Public Health Association’s Policies that work to reduce gun violence.
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24 Luca M, Malhotra D, & Poliquin C. (2017). Handgun waiting periods reduce gun deaths. Proceedings of the National Academy of Sciences of the United States of America.
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25 See: C.G.S.A. § 29-36.
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26 D. C. Code Ann. §§ 7-2502.01 – 7-2502.10; D.C. Mun. Regs. tit. 24, D.C. Mun. Regs. tit. 24, §§ 2311 – 2320.
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27 H.R.S. §§ 134-2 - 134-4
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28 430 Ill. Comp. Stat. 65/1 – 65/15a.
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29 Md. Code Ann., Pub. Safety § 5-117.1
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30 Mass. Gen. Laws ch. 140, §§ 121, 129B, 129C, 131, 131A, 131E, 131P
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31 See: M.C.L.A. 28.422a
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32See: Neb. Rev. St. §§ 69-2403 - 69-2409. Firearm laws in Nebraska: A legislative research office backgrounder. (2016). Nebraska Legislative Research Office. P.7 Footnote 11. Email correspondence with Kate Gaul. Nebraska Legislative Research Office. August, 21st 2020.
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33 N.J. Stat. Ann. § 2C:58-3.
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34 N.Y. Penal Law §§ 400.00 – 400.01.
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35 https://www.oregon.gov/osp/programs/cjis/pages/permit-to-purchase-program.aspx
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36 Planty M & Truman JL. (2013). Firearm violence, 1993–2011. Bureau of Justice Statistics.
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37 Hanlon TJ, Barber C, Azrael D, & Miller M. (2019). Type of firearm used in suicides: Findings from 13 states in the National Violent Death Reporting System, 2005–2015. Journal of Adolescent Health.
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38 Crifasi CK, Stone EM, McGinty B, Vernick JS, Barry CL, & Webster DW. (2019). Differences in public support for handgun purchaser licensing. Injury Prevention.