The document summarizes gun laws in New England states. It begins with an overview of the 2012 Sandy Hook Elementary School shooting and the renewed debate around gun control. It then reviews federal gun laws and key Supreme Court rulings affirming individual gun rights. The summary reviews gun laws and requirements for permits and licenses to purchase or carry firearms in each New England state, finding the most restrictive laws in Massachusetts and the least in Vermont. It concludes that the debate around balancing Second Amendment rights with public safety will continue both nationwide and within each state.

1. Continued on page 6
D
ecember 14, 2012 started out like any other in a
small New England town in the throes of the dawn
of winter. It was a chilly, brisk, but sunny morning
in Newtown, Connecticut, a quiet American town decorated
in anticipation of the Christmas season. And in an instant,
the quiet chill was interrupted with the rattle of gunfire. At
approximately 9:35 a.m., a call was placed to the Newtown
Police Department from Sandy Hook Elementary School
with panicked school officials pleading for help from an
unidentified shooter. Both Newtown and Connecticut State
Police were dispatched immediately to the most horrific
crime scene. Once the fog had cleared at Sandy Hook,
police discovered the bodies of 27 people all mortally
wounded, including 20 first grade students, six educators,
and the perpetrator.
The tragedy at Sandy Hook Elementary School in
Newtown, CT was the second deadliest mass shooting by a
single person in American history, after the Virginia Tech
shootings in 2007 that killed 32. And while these events are
too prolific to ignore, deaths by firearms are an all-too-
common reality in many areas of the United States.
Tragedies like Newtown force the renewal of ancient
debates in the United States Congress and local and state
governing bodies. According to the Brady Campaign to
Prevent Gun Violence, on average, 32 Americans are
murdered with guns every day and 140 are treated for a gun
assault in an emergency room throughout the nation. Yet,
the Pew Research for Social and Demographic Trends cites
in a recent study that “compared with 1993, the peak of
U.S. homicides, the firearm homicide rate was 49% lower in
2010, and there were fewer deaths, even though the nation’s
population grew.” (Pew Research Center, 2013) Despite
these trends, deaths and victimization by firearms alarms the
American public, particularly the murders of first graders.
And while many questions remain as to why 20-year-old
Adam Lanza unleashed a fury of bullets that claimed the
lives of 27 people, the debate surrounding gun control has
resurfaced on the nation’s agenda and does not appear to be
dissipating any time soon.
THE SECOND AMENDMENT
Many American communities grapple daily with the toil of
gun violence, yet, the tragedy at Newtown renewed the
quest to achieve balance between the nation’s Second
By Kerry McCartney-Prout, NESPIN Criminal Intelligence Analyst
5 May/June 2013
New England
Amendment protections and the nation’s need for safety
from those who choose to misuse and abuse firearms. Since
the dawn of the republic and signing of the U.S.
Constitution, the Second Amendment has enshrined the
following words in the Bill of Rights:
“A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.”
Americans fiercely defend their Bill of Rights protections,
particularly the Second Amendment. As a result, the issue of
gun control is always fraught with controversy.
Currently, according to federal law, American citizens can
legally possess a firearm except in the following
circumstances:
POSSESSION OF A FIREARM OR AMMUNITION
BY A PROHIBITED PERSON:
18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May
receive minimum sentence of 15 years without parole if offender has three or
more prior convictions for a felony crime of violence (e.g. burglary, robbery,
assault, possession of offensive weapons) and/or drug trafficking felony.
Elements
A. Possession or receipt of a firearm or ammunition;
B. By a subject who falls within one of the following categories:
Felon - (Additionally, persons awaiting trial on felony charges are prohibited
from receiving firearms.);
Drug user or addict - (Often shown where paraphernalia seized, subject
tests positive for drugs and/or subject claims drugs were possessed for
personal use.);
Alien - (Includes illegal aliens and aliens lawfully admitted under non-
immigrant visas, i.e., those aliens not admitted for permanent residence. This
provision does not prohibit aliens who lawfully
possess a so-called “green card” from possessing guns or ammunition.);
Is subject to a domestic restraining order - (The order must prohibit
contact with an intimate partner, or child of the subject, and must have been
issued only after a hearing of which the subject was notified and at which the
subject had an opportunity to participate. The order must also find the
subject poses a threat to the physical safety of the intimate partner or child or
must prohibit the use, threatened use or attempted use of physical force.);
Has a prior conviction for domestic assault - (Includes a prior conviction
for any assault or threatened use of a deadly weapon against a present or
former spouse or partner or child or guardian of any such person. The
subject must have been entitled to a jury trial and been represented by
counsel in the prior proceeding or be shown to have waived those rights.);
Fugitive from justice - (Fled any state to avoid being prosecuted or to
avoid testifying in any criminal proceeding.); or
Dishonorably discharged from the military; AND
C. The firearm or ammunition was transported across a state line at any
time.
Gun Laws

2. of Rights. Yet, laws governing possession are different.
Also, each state has laws governing the reciprocity of
permits issued by other states. Licensing and permitting fees
vary as well.
MASSACHUSETTS
“The people have a right to keep and bear arms for the common
defense. And as, in time of peace, armies are dangerous to liberty,
they ought not to be maintained without the consent of the
legislature, and the military power shall always be held in an
exact subordination to the civil authority, and be governed by it.”
(Massachusetts Declaration of Rights Article 17)
In comparison to its New England counterparts,
Massachusetts imposes more restrictions on gun purchases
and ownership. In 1998, Massachusetts passed what was
hailed as the toughest gun-control legislation in the country
(Jacoby, 2013). At that time, Massachusetts lawmakers
passed legislation outlawing semiautomatic “assault”
weapons, imposed strict licensing rules, prohibited anyone
convicted of a violent crime or drug trafficking from every
carrying or owning a firearm, and enacted several penalties
for storing guns unlocked. Massachusetts also requires a
firearm identification card (FID) for certain classes of
weapons. Massachusetts General Laws Chapter 140, 121-
131P outlines all the regulations for weapons possession and
licensing in the Commonwealth. Table 1 provides a simple
breakdown for important gun laws.
In terms of the selling of a firearm in Massachusetts, it is
unlawful to sell or transfer any firearm, firearm feeding
device or ammunition to a person without the proper card,
license or permit. Massachusetts law requires all residents to
report any sale or transfer (including gifts) of a weapon
within seven days of the transaction. Massachusetts law also
requires all residents to report the acquisition of a weapon
within seven days in certain instances (Massachusetts
Executive Office of Public Safety and Security, 2013). The
city of Boston also imposes further restrictions on firearms.
Possession of certain weapons and ammunition such as a
May/June 2013 6
Continued on page 7
Other restrictions and protections are prescribed in federal
law by various acts of Congress including the National
Firearms Act (1934), Omnibus Crime Control and Safe
Streets Act (1968), Gun Control Act (1968), Firearms
Owners Protection Act (1986), Gun-Free School Zones Act
(1990), Brady Handgun Violence Prevention Act (1993),
Federal Assault Weapons Ban (1994-2004) (currently
expired), and the Protection of Lawful Commerce in Arms
Act (2005). Federal gun laws are enforced by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF). Various
federal laws also outline restrictions and protections for the
nation’s gun dealers/sellers.
In certain communities in the United States gun violence
from illegal firearms has caused many state and local
governing bodies to pass various state and local statutes
regulating, and in some cases prohibiting, firearm ownership
and use. In response, many responsible gun owners have
filed lawsuits against state and local governments. As a
result, in recent years, the United States Supreme Court
issued two key rulings upholding Second Amendment
protections. In 2008, a historic ruling in the District of
Columbia v. Heller affirmed the individual right to bear
arms for self-defense.
Answering a 217-year old constitutional question, the
Supreme Court ruled on Thursday that the Second
Amendment protects an individual right to have a gun,
at least in one’s home. The Court, splitting 5-4, struck
down a District of Columbia ban on handgun
possession. Although times have changed since 1791,
Justice Antonin Scalia said for the majority, ‘it is not
the role of this Court to pronounce the Second
Amendment extinct.’ (Scotusblog, 2008)
Again, in 2010, the Court delved into the myriad of state
and local gun regulations and prohibitions, issuing another
landmark decision regarding whether the Second
Amendment applies to individual states in McDonald v.
Chicago. In McDonald v. Chicago, the Court ruled that “for
the first time, state and local governments’ gun regulations
must comport with the Second Amendment’s protection of
the right ‘to keep and bear Arms,’” (Scotusblog, 2010).
While it appeared the issue was settled, litigation is pending
before various courts throughout the country regarding
countless gun regulations passed by states or local
governments.
LOCAL STATUES
Here, in New England, state statues regarding the
possession of firearms vary. All six states have state
constitutional provisions and language outlining the
protections set forth in the Second Amendment to the Bill

3. 7 May/June 2013
semiautomatic rifle with a fixed magazine capacity exceeding
10 rounds or any magazine or belt which holds more than
10 rounds are prohibited in the city of Boston without a
license granted by the Boston Police Commissioner.
MAINE
“Every citizen has a right to keep and bear arms and this right
shall never be questioned.”
(Maine State Constitution Article 1, Section 16)
The state of Maine has far fewer gun possession restrictions
than Massachusetts. Table 2 outlines the more important
regulations regarding the possession of firearms.
One caveat in Maine’s firearm laws is the need to obtain a
permit to carry a concealed weapon. Those wishing to carry
a concealed weapon must apply for a permit to carry from
the local or state police. Police officials “shall issue” the
permit within 30 days to a qualified Maine resident/
applicant who must show proficiency in the use of pistols.
Non-residents may wait up to 60 days for a permit. Open
carry is NOT permitted in establishments where alcohol is
served.
NEW HAMPSHIRE
“All persons have the right to keep and bear arms in defense of
themselves, their families, their property, and the state.”
(New Hampshire Constitution Part 1, Article 2-a)
New Hampshire firearms regulations bear resemblance to
Maine and Vermont in that there are very few restrictions
except regarding the permit to carry. Table 3 details the
relevant laws for New Hampshire.
Continued on page 8
Although the laws are similar to Maine, the New
Hampshire Department of Public Safety cites that pistol and
revolver licenses will only be issued for non-residents by
New Hampshire State Police. The law does prohibit the sale
of firearms to any convicted felons as well as the sale of
handguns to minors unless the firearm is a gift from a
parent or guardian. However, there are no specific age
requirements proscribed in New Hampshire law for
possession. Also, individuals subject to any court protective
orders may be required to surrender their firearms and
ammunition.
VERMONT
“That the people have a right to bear arms for the defense of
themselves and the State as standing armies in time of peace are
dangerous to liberty, they ought not to be kept up; and that the
military should be kept under strict subordination to and governed
by the civil power.”
(Vermont State Constitution Chapter 1, Article 16)
Of all the New England states, Vermont imposes the least
restrictions on firearms possession. Similar to Maine and
New Hampshire firearms laws, Vermont does have one
exception. It does not require a permit to carry a concealed
weapon.
While Vermont has fewer requirements, minors under the
age of 16, may not possess or control a handgun without
the consent of a parent or guardian. Unlike the other states,
no other state in the country recognizes a Vermont permit
to carry. Vermont law does require firearms dealers to keep
detailed record of all handgun sales and used handgun
purchases.
RHODE ISLAND
“The right of the people to keep and bear arms shall not be
infringed.”
(Rhode Island State Constitution Article 1, Section 22)
While not as expansive as Massachusetts, Rhode Island gun
laws are regarded as tougher than most states. The Brady
Campaign to Prevent Gun Violence gives RI top ratings for

4. May/June 2013 8
its gun laws while a lobbyist for the National Rifle
Association cited RI’s tough laws as reason legislators
should turn their attention elsewhere (Providence Journal,
2013). Rhode Island requires gun buyers to complete
necessary paperwork, undergo background checks, complete
safety courses and wait a mandatory seven days prior to
possession.
Applicants looking to possess a shotgun or rifle must
complete a “Purchase of Shotgun or Rifle Application
Form,” undergo a background check conducted by the seller
and wait seven days until its receipt provided not
disqualifying information is uncovered. Handgun purchasers
must be a United States citizen, at least 21-years-old, and
not be a person prohibited by federal law from possessing a
firearm. The buyer must also receive a handgun safety card
through either a hunter safety course, pistol safety course
administered by the Department of Environmental
Management (DEM), or passage of the DEM objective test
on handgun safety. Upon completion of the safety course,
the buyer must complete a “Purchase of a Pistol or Revolver
Application Form” and wait the mandatory seven days.
Rhode Island law also empowers state and local police
officials as local licensing authorities that shall issue permits
while the Rhode Island Attorney General serves as a
licensing authority on a “may issue” basis. Along with
Connecticut and Massachusetts, Rhode Island does NOT
recognize firearms permits from other states.
CONNECTICUT
“Every citizen has a right to bear arms in defense of himself and
the state.”
(Connecticut State Constitution Article 1, Section 15)
Due to the tragedy in Newtown, the state of Connecticut
recently passed sweeping revisions to their firearms laws.
The major changes in firearm laws pertain to assault
weapons, handguns (pistols and revolvers), long guns (rifles
and shotguns), and large capacity magazines (LCM). The
bill, among other things, expands the ban on assault
weapons, bans the sale or purchase of LCMs that can hold
more than 10 rounds of ammunition, mandates the
establishment of a deadly weapon offender registry, bans the
sale of armor-piercing bullets, adds two members to the
Board of Firearms Permit Examiners, expands the
circumstances in which mental health history disqualifies a
person for gun permits or other gun credentials, requires
anyone buying ammunition to have an ammunition
certificate or other gun credential, and appropriates $1
million to the Department of Emergency Services and
Public Protection (DESPP) for FY 14 to fund the statewide
firearms trafficking task force (Connecticut Judicial Branch
Law Library, 2013). Table 6 also provides a quick guide to
relevant gun laws.
Connecticut Public Act No. 13-3 entitled “An Act
Concerning Gun Violence Prevention and Children’s Safety”
outlines the recent changes made to the state laws regarding
firearms possession. The act is quite lengthy and covers the
restrictions regarding not only possession but the purchase
and sale of firearms. Connecticut Governor Daniel Malloy
passed this legislation into law on April 4, 2013, enacting
some of strongest gun restrictions in the country.
BATTLES AHEAD
As a result of Newtown, lawmakers all over the country are
reviewing all legislation regarding firearms possession. In
the United States Congress, federal legislation has been
difficult to negotiate due to the challenges in balancing
Second Amendment rights enshrined in our U.S.
Constitution and the need to protect innocents from gun
violence. Connecticut is not the only state considering new
gun restrictions. Most states, including all six New England
states, have lawmakers from both sides of the aisles
introducing legislation, whether it is imposing more
restrictions on firearms possession or further bolstering
Second Amendment rights. Both sides claim research
substantiates their particular claims; gun control reduces
deaths or gun restrictions increase the likelihood of illegal
firearms use and criminal activity. Newtown has further
exacerbated that tension. While new legislation may not be
certain, the alleviation of that natural tension is not likely to
disappear anytime soon.

5. 9 May/June 2013
REFERENCES
Connecticut Judicial Branch Law Library. (2013). An Act Concerning
Gun Violence Prevention and Children’s Safety. Retrieved from
http://www.cga.ct.gov/2013/ba/2013SB-01160-R00-BA.htm
CT. Const. art. I, §16. Retrieved from http://www.cga.ct.gov/asp/
Content/constitutions/ CTConstitution.htm
Denniston, L. (2008, June 26). Opinion Analysis: Court: A
constitutional right to a gun. [Web log post]. Retrieved from
http://www.scotusblog.com/?p=7560
D’Vera, C. , Gallagher, C., Lopez, M., Maass, K., Parker, K. and Taylor,
P. (2013) Gun Homicide Rate Down 49% Since 1993 Peak; Public
Unaware. Pew Research Center. Retrieved from
http://www.pewsocialtrends.org/2013/05/07/gun-homicide-rate-
down-49-since-1993-peak-public-unaware/
Jacoby, J. (2013). Crime soared with Mass. gun law. Retrieved from the
Boston Globe Website: http://www.bostonglobe.com/opinion/2013/
02/17/the-nation-toughest-gun-control-law-made-massachusetts-less-
safe/3845k7xHzkwTrBWy4KpkEM/story.html
Mass. Const. pt. 1, art. XVII. Retrieved from
http://www.malegislature.gov/laws/constitution
Massachusetts Executive Office of Public Safety and Security. (2013).
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http://www.mass.gov/eopss/firearms-reg-and-laws/frb/firearms-forms-
and-applications.html
ME. Const. art. I, §15. Retrieved from http://www.maine.gov/legis/
const/
Milkovits, A. (2013). RI gun laws expansive, but some say more needs to be
done. [Web log post]. Retrieved from
http://news.providencejournal.com/breaking-news/2013/03/ri-gun-
laws-expansive-but-some-say-more-needs-to-be-done.html
National Rifle Association Institute for Legislative Action. (2013). State
Gun Laws. Retrieved from http://www.nraila.org/gun-laws/state-
laws.aspx
NH. Const. pt. 1, art. II-a. Retrieved from http://www.nh.gov/
constitution/billofrights.html
RI. Const. art. I, § XXII. Retrieved from http://webserver.rilin.state.ri.us/
RiConstitution/c01.html
Scarola, M. (2010, June 28). Opinion Analysis: State gun regulations and
McDonald [Web log post]. Retrieved from
http://www.scotusblog.com/?p=22475
The United States Department of Justice. (2013). Quick reference to
Federal Firearms Laws. Retrieved from http://www.justice.gov/usao/
ut/psn/documents/guncard.pdf
VT. Const. art. XVI, Chap. I. Retrieved from http://www.leg.state.vt.us/
statutes/const2.htm
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