Unlawful Possession Penalties

DISCLAIMER: It is your full responsibility to make sure the firearm, ammunition, or accessories you are purchasing is legal for you to own in your state or jurisdiction. The information contained throughout this web site, including the firearm and ammunition state guide provided below, is not legal advice and should not be construed as legal advice.

The penalties for carrying a firearm without a permit/license varies widely across all the US States. Penalties for felons convicted of illegal possession of a firearm range from misdemeanors to felonies with a mandatory minimum sentence. The penalties for persons with no felony convictions who are convicted of unlicensed carry are generally lower but can still be severe in some states and also range from misdemeanors, felonies, and mandatory imprisonment. Illegal firearm possession laws generally but not always categorize offenders into three classes with penalties increasing depending on the class. The three classes are:

  • Minimum Age - A person under the minimum age is usually treated more leniently
  • No Felony Convictions - A person with no felony convictions will receive a middle range penalty
  • With Felony Convictions - A person with prior felony convictions will receive tougher penalties

WARNING - certain states have mandatory minimum prison sentences for unlicensed carrying of a firearm outside a home or business:

  • New York - 3.5 years
  • Massachusetts - 18 months

The following list describes the general criminal penalties for failure to comply with permit requirements. The penalties apply to a person without any felony convictions. This is not a full list and there are many more states with criminal penalties for carrying a gun without a permit.

No Felony Convictions:

StateClass of CrimePunishmentStatute
California Purchase handgun without safety certificate: misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both Cal. Penal Code § 31615
Connecticut Purchase or receive handgun without permit or eligibility certificate: class D felony punishable by one to five years imprisonment, a fine of up to $5,000, or both CGS § 29-33
D.C. Possess without registration certificate Up to one year in prison, a fine of up to $1,000, or both D.C. Code Ann. §§ 7-2502.01, 7-2507.06
Hawaii Acquire firearm without a permit: misdemeanor punishable by up to one year's imprisonment, a fine of up to $2,000, or both Haw. Rev. Stat. Ann. §§ 134-2, 134-3, 134-17
  Failing to register firearm: petty misdemeanor punishable by up to 30 days imprisonment, a fine of up to $1,000, or both  
Illinois If person possesses or acquires handgun and the person's Firearm Owner's Identification Card is expired but the person is not otherwise disqualified from renewing it: class A misdemeanor punishable by less than one year's imprisonment, a fine of up to $2,500, or both 430 Ill. Comp. Stat. 65/2, 65/14
  If the person does not possess a valid ID card (other than an expired one as specified above), but is otherwise eligible: first offense is a class A misdemeanor (see above). Subsequent offense is a class 4 felony punishable by one to three years imprisonment, a fine of up to $25,000, or both   
  If (1) the person's ID card has been revoked or is subject to revocation, (2) the card is expired and not eligible for renewal, or (3) the person does not possess a valid card and is not otherwise eligible, the penalty is a class 3 felony punishable by two to five years imprisonment, a fine of up to $25,000, or both   
Iowa Acquire handgun without a permit: aggravated misdemeanor punishable by up to two years imprisonment, a fine of $625 to $6,250, or both Iowa Code § 724.16
Massachusetts Possess without license: first offense up to two years in prison or jail, a fine of up to $500, or both Mass. Gen. Laws Ann. ch. 140, § 129C; ch. 269, § 10
  Subsequent offense  up to two years imprisonment, a fine of up to $1,000, or both  
  Possess without license outside of home or place of business  from 2.5 to five years imprisonment, or 18 months to 2.5 years in jail; with a mandatory minimum of 18 months  
Michigan Obtain without permit: misdemeanor punishable by up to 90 days imprisonment, a fine of up to $100, or both Mich. Comp. Laws Ann. §§ 28.422, 750.232a
Minnesota Acquire without permit: gross misdemeanor punishable by up to one year in jail, a fine of up to $3,000, or both Minn. Stat. § 624.7132
Nebraska Purchase without certificate: class I misdemeanor punishable by up to one year in prison, a fine of up to $1,000, or both Neb. Rev. St. §§ 69-2403, 69-2408
New Jersey Possess without permit: 3rd degree crime punishable by three to five years imprisonment, a fine of up to $15,000, or both (can be 2nd degree crime if gun meets certain specifications) N.J. Stat. Ann. §§ 2C:39-5, 2C:58-4
New York Possess without permit: class A misdemeanor punishable by up to one year in prison, a fine of up to $1,000, or both N.Y. Penal Law §§ 265.01, 265.03, 265.20
  Possess loaded firearm without permit, outside of person's home or place of business: class C felony, classified as violent felony offense punishable by up to 15 years imprisonment, with a mandatory minimum of 3.5 years   
North Carolina Purchase or receive without permit: Class 2 misdemeanor punishable by up to six months imprisonment, a fine of up to $1,000, or both N.C. Gen. Stat. § 14-402
Rhode Island Purchase without safety certificate Up to five years imprisonment, a fine of up to $1,000, or both R.I. Gen. Laws §§ 11-47-26, 11-47-35