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:
State | Class of Crime | Punishment | Statute |
---|---|---|---|
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 |