OLR Report 2012-R-0345 summarizes the criminal penalties in all states and the District of Columbia for illegal possession of handguns (pistols and revolvers), including the class of the crime, sentence range, and whether there is a mandatory minimum sentence.
States restrict handgun possession in a variety of contexts. For example, following federal law, most states restrict access to handguns by minors; people convicted of felonies or certain other crimes; and people with certain mental health adjudications. Some states also require a permit, license, or certificate for handgun possession. While the 2nd Amendment to the Federal Constitution protects the individual right to own firearms, that right is not unlimited, and can be subject to certain gun control laws (D.C. vs. Heller, 554 U.S. 570 (2008); McDonald vs. Chicago, 130 S.Ct. 3020 (2010) (applying Heller to states)).
Penalties for illegal possession of handguns vary widely across states. For example, state law penalties for possession by convicted felons range from misdemeanors to felonies with mandatory minimums. Penalties for felons' illegal gun possession are generally higher than penalties for illegal possession in other contexts (such as possession without a required permit).
The report described penalties for illegal handgun possession in three contexts: (1) possession without a permit, license, or certificate in those states with such a requirement; (2) possession by minors; and (3) possession by convicted felons.
For more information, read the full report.
