When was support for requiring a law enforcement permit to purchase a firearm lowest

By implementing strong gun laws, Delaware has taken important steps to protect its residents and demonstrates lower rates of certain categories of gun violence compared with other states. In 2019, for example, Delaware had the 11th-lowest rate of gun deaths and 10th-lowest rate of gun suicides in the country.1 These low numbers can likely be attributed in part to the state’s requirement of a background check before any gun sale, implementation of extreme risk protection orders,2 and strong concealed carry law.3 On the most recent scorecard released by the Giffords Law Center to Prevent Gun Violence, Delaware received a B rating for the strength of its gun laws.4

On October 20, 2021, Delaware Gov. John Carney (D) signed into law two comprehensive firearm bills that further closed dangerous gun violence prevention gaps. The first bill, H.B. 124, prohibits individuals subject to a protection from abuse order from purchasing, owning, or possessing a firearm,5 which is a critical step toward protecting survivors of domestic violence and their families. The second bill, H.B. 125, prohibits the possession of untraceable and undetectable firearms known as ghost guns—weapons that are easy to make at home and are often recovered from crime scenes in the United States.6

While these actions and gun laws are stronger than those found in many states, Delaware has opportunities to further protect its residents from gun violence, including by passing S.B. 3 and implementing a permit-to-purchase (PTP) licensing system. The Senate bill would require anyone wishing to purchase a handgun to first obtain a permit that entails fingerprinting as well as basic live firearm training and safety training.7 Additionally, it requires any licensed dealer, manufacturer, or importer to ask individuals to present this permit before they can purchase a handgun.8 S.B. 3 has passed in the Delaware Senate and moved through the House Judiciary Committee. The estimated costs associated with the bill have been included in the state’s budget pending its passage; it now needs to clear the House Appropriations Committee and be voted on by the Delaware House before the legislative session ends on June 30, 2022.

As of December 2021, 12 states and the District of Columbia have passed similar PTP laws,9 which numerous studies and reports have found reduce and prevent gun violence; such a requirement in Delaware would likely have a similar protective impact. This issue brief highlights three challenges around gun violence in Delaware that are ongoing or above national levels that could be addressed with the implementation of this law: gun homicides, internal gun trafficking, and firearm theft.

1. Gun homicides, particularly among young people

While gun deaths in Delaware are low compared with other states, this small number is driven by lower levels of gun suicides. However, one of the most pressing issues around gun violence in the state is gun homicides, particularly among young people. From 2015 to 2019, Delaware ranked 15th out of 50 states in terms of gun homicides.10 The state had 5.12 gun homicides for every 100,000 people, a rate 18 percent higher than the national average.11 Unfortunately, as the number of gun purchases increased during 2020,12 this problem has appeared to worsen. In the city of Wilmington, for example, shootings rose by 50 percent from 2019 to 2020.13

Share of Delaware's population ages 15 to 24

Share of Delaware gun homicides affecting the young population

Furthermore, gun homicides in Delaware disproportionately affect young people ages 15 to 24. While this age group represented just 12 percent of the population from 2015 to 2019, it suffered 39 percent of gun homicides.14 During that same period, the state had a rate of gun homicides among young people that was 61 percent higher than the national average; compared with all other states, Delaware ranked ninth.15

Figure 1

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Numerous studies have demonstrated the association between PTP laws and gun homicides. For example, after Connecticut passed its PTP law, gun homicides decreased by 40 percent during the first 10 years of implementation.16 Other studies show that the repeal of such laws had the opposite effect, leading to an increase in gun homicides. After Missouri repealed its PTP law in 2007, gun homicides increased by 25 percent,17 and a recent study found that the law’s repeal was associated with a 22 percent increase in gun homicides among young people ages 19 to 24.18 By passing a PTP law, Delaware could reduce the number of gun homicides, especially among young people.

2. Internal gun trafficking

Another challenge that PTP laws could address is the ease with which firearms are diverted to criminal activities within the state. By using data from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) tracing reports, it is possible to estimate the percentage of crime guns—firearms used to perpetrate crimes—within each state that are traced to in-state sources.19 In 2020, 69 percent of crime guns recovered by police agencies in Delaware originated within the state, compared with a national average of 68 percent.20

Figure 2

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By mandating a PTP license, policymakers in Delaware could help prevent this problem. Academic studies have shown that states with PTP requirements present significantly lower percentages of crime guns that are later traced to in-state sources.21 This is further supported by 2020 data from ATF. Figure 2 shows that in states requiring a permit to purchase, the average percentage of crime guns originating in state was 49 percent—20 percentage points below Delaware and 19 percentage points behind the national average.22 In contrast, states that do not have PTP requirements had an average of 76 percent.

Evidence suggests that by implementing permit-to-purchase laws, states help reduce internal gun trafficking.

As expected, states that have removed their PTP requirements have seen a subsequent increase in internal gun trafficking. One ATF study found that the average percentage of crime guns traced to in-state sources in Missouri was less than 60 percent before the state removed its PTP law in 2007; this rose to 74 percent by 201423 and 80 percent by 2020.24 Overall, evidence suggests that the implementation of PTP laws can help reduce internal gun trafficking.

3. Stolen firearms

Studies have also shown an important link between PTP laws and gun theft—not a minor issue in the state of Delaware. According to ATF data, from 2012 to 2020, 278 firearms were stolen from federal firearm licensed dealers in the state.25 However, most guns are stolen from private owners. Data from the FBI suggest that from 2010 to 2019, the value of stolen firearms in Delaware rose to roughly $3.6 million,26or an estimated 7,950 guns.27 Unfortunately, stolen guns are often used to perpetrate crimes or are recovered from individuals who are prohibited from possessing a gun.

A 2021 analysis examined data from the FBI and showed that after Connecticut passed its PTP law in 1995, gun theft reported by local police agencies decreased by 44 percent.28 The same analysis showed that when Missouri repealed its PTP law in 2007, police agencies reported a 42 percent increase in gun theft.

Conclusion

While Delaware has taken steps to prevent gun violence in the state, more significant prevention initiatives are needed, including better implementation around existing policies. These actions should continue with the passage and effective implementation of the PTP law in S.B. 3. This law is supported by 78 percent of Delaware voters—including 61 percent of gun owners29—and similar measures have proven to reduce gun violence in other states. If implemented, it could contribute to the reduction of gun homicides, internal gun trafficking, and firearm theft in the state.

Finally, while passing PTP laws would be a major step, the state could also consider implementing restrictions on assault weapons, banning large capacity magazines, and mandatory waiting periods on gun purchases. Delaware can also close loopholes that allow some domestic abusers to access firearms, increase support for community-based violence intervention programs, and improve the implementation of its safe storage law. These complementary measures, along with new PTP requirements, could help ease gun-related challenges in Delaware and turn it into one of the safest states in the country.

The carrying of concealed, loaded guns in public places can quickly escalate everyday conflicts into deadly altercations, causing tragic, irreversible damage to innocent lives. These dangers are amplified when states weaken their standards for who is qualified to carry loaded weapons in public, or when states eliminate these standards and protections entirely.

Background

• Researchers estimated in 2015 that 9 million US adults carry loaded handguns monthly,1 and that 3 million carry loaded handguns every day.2
• Proportionally fewer people carry concealed loaded handguns in states that have strong concealed carry permitting standards.3

Many people may be surprised to learn just how lax many states’ standards are. In 2020, a member of the US Commission on Civil rights expressed alarm that weak public carry laws like the state of Florida’s still allowed the man who murdered Trayvon Martin to possess and carry loaded concealed firearms in public, despite his history of domestic violence and assaulting a police officer, killing Trayvon Martin, and then subsequently being convicted of criminally stalking someone else.4 Of the 21 states that now authorize people to carry concealed handguns in public without a permit or background check required, all but one also allow people to purchase handguns without a background check too, meaning that the residents of 20 states are generally able to purchase and carry concealed weapons designed to take human life in most public spaces without ever passing any background check whatsoever, or ever receiving any safety training or information about safe and responsible handling of firearms.

Guns carried in public pose a substantial threat to public safety. A robust body of academic literature shows that when more people carry guns in public, violent crime increases.

• The most comprehensive and rigorous study of concealed carry laws found that in states with weak permitting laws, violent crime rates were 13% to 15% higher than predicted had such laws not been in place.5
• Weak concealed-carry permitting laws are also associated with 11% higher rates of homicide committed with handguns compared with states with stronger permitting systems.6

There is also some evidence that lax concealed carry laws increase other undesirable outcomes, including police shootings of civilians, gun thefts, and unintentional gun injuries.

• A study of states that adopted permitless concealed carry laws found that such states experienced a 13% increase in fatal and nonfatal police shootings of civilians compared to what would have been expected had stronger carrying standards remained in place.7
• People who carried firearms at least once in the past month were three times more likely to have had a firearm stolen than other gun owners.8
• Similarly, one analysis suggests that unintentional firearm injuries may occur more frequently after states weaken permitting standards.9

In addition to the robust evidence showing the dangers of permissive public carry laws, there is no research that suggests expanding public carry has any public safety benefits.

• Firearms are rarely used successfully in self-defense. In fact, individuals successfully defend themselves with a gun in less than one percent of crimes.10
• In the rare instances in which firearms are used in self defense, research shows that using a firearm did not reduce a person’s chance of being injured during criminal victimization more than other various forms of protection did.11
• Carrying a firearm may actually increase a victim’s risk of firearm injury during the commission of a crime.12

Summary of Federal Law

Federally Mandated CCW

In recent years, the gun lobby has been pushing federal legislation that would mandate that each state recognize concealed carry permits from every other state. So far, such efforts have been unsuccessful. Many states have extremely lax permitting laws; many states do not even require a permit to carry concealed. Forcing states with strong CCW laws like California and New York to comply with weak laws from states like Florida and Louisiana will endanger public safety and make it significantly harder for police to enforce gun laws proven to save lives.

Law Enforcement CCW

Federal law provides that certain law enforcement officers may carry concealed firearms. Any “qualified law enforcement officer” with proper agency-issued identification may carry a concealed firearm.13 “Qualified retired law enforcement officer” with proper identification may also carry a concealed firearm.14 Both statutes supersede state and local laws regarding concealed carry by law enforcement except in certain circumstances. States are not precluded from allowing private persons or entities to prohibit or restrict the possession of concealed firearms on their property by current or retired law enforcement. States also are not precluded from prohibiting or restricting the possession of firearms by current or retired law enforcement on any state or local government property, installations, buildings, bases, or parks.

Background Check Exception

Significantly, a person holding a state-issued permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) is not required to undergo a background check if the permit was issued: (1) within the previous five years in the state in which the transfer is to take place; and (2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful.15 Permits issued after November 30, 1998 qualify as exempt only if the approval process included a NICS check.16

This exemption threatens public safety because it allows a prohibited person to acquire a firearm when the person falls into a prohibited category after issuance of the state permit and the state has not immediately revoked the permit. Under the federal exemption, no background check is required and the seller would have no way to learn that the prospective purchaser is prohibited from possessing firearms. For more information about this exemption, see our summary on Background Check Procedures.

Summary of State Law

Every state—as well as the District of Columbia—authorizes people to carry concealed weapons in public in some form. Twenty-five states generally require a state-issued permit in order to carry concealed weapons in public (CCW permit). However, the remaining 25 (Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming) now generally allow people to carry concealed weapons in most public spaces without any permit, background check, or safety training at all. (However, 24 of these 25 states still issue CCW permits; individuals may desire them to qualify for an exemption from federal law’s background check requirements when purchasing a firearm, or so that they may carry concealed weapons in other states or additional locations.)

Of the 25 states that generally require a CCW permit in order to carry concealed weapons in public, eight states and the District of Columbia have “may issue” laws, which grant the issuing authority wide discretion to deny a CCW permit to an applicant if, for example, the authority believes the applicant has not demonstrated that they would safely or responsibly handle the firearm or have not demonstrated a particularized reason for carrying a weapon in public. Seven “shall issue” states provide the issuing authority with some limited amount of discretion to deny permits to people who may meet basic qualification standards but exhibit some public safety concerns, and ten “shall issue” states provide essentially no discretion to the issuing authority to deny permits to people who meet basic qualifications.

“May Issue” States

• California17
• Connecticut18
• Delaware19
• District of Columbia20
• Hawaii21
• Maryland22
• Massachusetts23
• New Jersey24
• New York25

Limited Discretion “Shall Issue” States

• Colorado26
• Illinois27
• Minnesota28
• Oregon29
• Pennsylvania30
• Rhode Island31
• Virginia32

No Discretion “Shall Issue” States

• Florida33
• Louisiana34
• Michigan35
• Nebraska36
• Nevada37
• New Mexico38
• North Carolina39
• South Carolina40
• Washington41
• Wisconsin42

No CCW Permit Is Required

• Alabama (Effective Jan. 1, 2023)43
• Alaska44
• Arizona45
• Arkansas (effective approximately August 29, 2021)46
• Idaho47
• Iowa (effective July 1, 2021)48
• Indiana (effective July, 1, 2022)49
• Georgia50
• Kansas51
• Kentucky52
• Maine53
• Mississippi54
• Missouri55
• Montana 56
• New Hampshire57
• North Dakota58
• Ohio59
• Oklahoma60
• South Dakota61
• Tennessee62
• Texas (effective Sept. 1, 2021)63
• Utah64
• Vermont65
• West Virginia66
• Wyoming67

“May” Versus “Shall” Issue Laws

“May issue” laws give significant discretion to the issuing official to grant or deny the permit, based on the guidance of various statutory factors. Even if the general requirements are met, the official is not required to issue the permit. This kind of law allows permitting authorities to consider factors that may not have been included in the language of a state’s CCW permitting statutes. Eight states and the District of Columbia have laws that can truly be categorized as “may issue.”

As noted above, 25 states now generally allow people to carry concealed weapons in most public spaces without any permit at all, although all of these states but Vermont still issue CCW permits.

Qualifications for Concealed Weapons Permits

The strongest seven concealed carry permitting systems require CCW applicants to demonstrate good cause as to why the applicant needs a permit. In addition, ten states also require the applicant to be of good character before a permit is issued. In roughly half the states, CCW applicants are also required to demonstrate some level of knowledge of firearm use and/or firearm safety.

States Requiring a Showing of Good Cause

Seven states require CCW permit applicants to demonstrate good cause or a justifiable need to carry a concealed weapon.68

• California
• Delaware
• Hawaii
• Maryland
• Massachusetts
• New Jersey
• New York
• Rhode Island69

In California, for example, good cause exists to issue a CCW permit when there is a clear and present danger to the applicant or the applicant’s spouse, family, or employees. Generally, a credible threat to the applicant’s safety that cannot be alleviated through other legal channels constitutes good cause when applying for a CCW permit. Maryland requires an applicant to demonstrate “a good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.” New York requires an applicant to demonstrate “proper cause,” and New Jersey allows a court to issue a permit only if it is satisfied that the applicant “has a justifiable need to carry a handgun.”

Other states further delineate the circumstances that constitute good cause or justifiable need: Massachusetts requires the applicant to show a “good reason” to fear injury to his or her person or property, or any other proper reason for carrying a concealed firearm. Delaware issues concealed weapons licenses only “for personal protection or the protection of the person’s property.” Hawaii grants licenses to carry concealed weapons “[i]n an exceptional case, when an applicant shows reason to fear injury to the applicant’s person or property.” Connecticut and Washington DC are the only “may issue” states that do not require the applicant to demonstrate a reason for a permit.

States Requiring Applicants to be of Good Character or a Suitable Person, or Allowing for Denial When There is Reason to Believe a Person is Dangerous

Eight “may issue” and two limited-discretion “shall issue” states (Georgia and Indiana), as well as the District of Columbia, require the licensing authority to consider the character of the applicant. Certain states allow permits to be issued only to “suitable persons.” Certain other states require the licensing authority to find that the applicant is of “good moral character.” New Jersey requires that three “reputable persons” who have known the applicant for at least three years certify that the applicant is of “good moral character and behavior.” Delaware also requires that the applicant include with his or her application a certificate signed by five “respectable citizens” of the county in which the applicant resides stating that the applicant is of good moral character, has a reputation for peace and good order, and that possession of a concealed deadly weapon by the applicant is necessary for the protection of the applicant or the applicant’s property. Indiana requires that the applicant be of good character and reputation. Rhode Island requires a person to either have a suitable character or make a “proper showing of need.”

The remaining limited discretion “shall issue” states do not technically have a “good character” requirement, but allow a CCW application to be denied to a person who is not categorically ineligible if law enforcement can show a documented reason to believe the person is dangerous.

States that Require Applicants to be of Good Character or a Suitable Person:70

• California
• Connecticut
• Delaware
• District of Columbia
• Georgia (permit not required for concealed carry)
• Hawaii
• Indiana (permit not required for concealed carry)
• Maine (permit not required for concealed carry)
• Massachusetts
• New Jersey
• New York
• Rhode Island (as an alternative to a proper showing of need)

States Without a “Character” Requirement that Allow Denials When There is Reason to Believe the Person is Dangerous:71

• Alabama (permit not required for concealed carry)
• Arkansas (permit not required for concealed carry)
• Colorado
• Illinois
• Iowa (permit not required for concealed carry)
• Minnesota
• Missouri (permit not required for concealed carry)
• Montana (permit not required for concealed carry)
• North Dakota (permit not required for concealed carry)
• Oregon
• Pennsylvania
• South Dakota (permit not required for concealed carry)
• Utah (permit not required for concealed carry)
• Virginia
• Wyoming (permit not required for concealed carry)

States Requiring Applicants to Demonstrate Knowledge of Firearm Use and/or Safety

More than half of the states and the District of Columbia require a CCW permit applicant to demonstrate that they have received training in firearm use and/or safety. 72

Among “may issue” states, California, Connecticut, Delaware, Hawaii, Massachusetts, New Jersey, and the District of Columbia, require applicants to complete a firearm safety course, or otherwise demonstrate their qualification to use a firearm safely.

Delaware’s firearm safety training requirement, which applies to the applicant’s initial CCW license only, is particularly strong, and specifies that the training course must include instruction regarding:

• Knowledge and safe handling of firearms and ammunition;
• Safe storage of firearms and ammunition and child safety;
• Safe firearms shooting fundamentals;
• Federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms;
• State laws pertaining to the use of deadly force for self-defense; and
• Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution.

Delaware also requires that the training include live fire-shooting exercises on a range, including the expenditure of a minimum of 100 rounds of ammunition, and identification of ways to develop and maintain firearm-shooting skills. Finally, Rhode Island requires applicants to obtain a certification that they are qualified to use a handgun of a caliber equal to or larger than the one they seek to carry. The certification can be obtained by passing a firing test conducted by a range officer or pistol instructor. Such thorough training requirements help ensure that only highly trained individuals are allowed to carry concealed firearms in public areas.

Among “shall issue” states, Illinois, Michigan, North Carolina, South Carolina and Texas require live firing as part of the firearm training component of the law.

States Limiting the Locations where Concealed Weapons May be Carried

Almost every state imposes at least some restrictions on the locations in which concealed weapons may be carried. For more information, see our page on Location Restrictions.

Other Restrictions on Permits

State concealed weapons permits vary in duration and renewal processes. The strongest laws limit the duration of permits and require applicants for renewal of a permit to undergo a complete background check and complete safety training and testing. Strong state laws also require the immediate revocation of a permit if the permit-holder becomes ineligible for the permit or violates a law regarding firearms.

State laws also vary regarding the carrying of concealed weapons by individuals who have obtained a permit from a different state. The strongest state laws limit the carrying of concealed weapons to individuals who have obtained a permit from that state. Other states limit carrying to individuals with permits from states that have similar requirements for their permits. The states with the weakest laws allow carrying by individuals with permits from any state that recognizes that state’s permit, or by individuals with permits from any state.

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.

• A license or permit to carry is required.
• Law enforcement has discretion to issue permits (eight states are pure “may issue” states) based on strict guidelines, including, but not limited to, a showing of both:
  • Good moral character and capacity to safely and responsibly handle firearms, and
  • Good cause for requesting a CCW permit.
• In addition to background checks, applicants are required to have safety training and to pass written and hands-on tests demonstrating knowledge of firearm laws and safety (27 states require some form of firearm training/knowledge).
• Applicants must be 21 years of age or over.
• Restrictions are placed on the locations where carrying concealed weapons is permitted, prohibiting the carrying of concealed weapons in sensitive areas such as schools, courthouses, hospitals, mental health institutions, and public sporting events.
• Permits are of limited duration and may be renewed only upon satisfaction of all conditions and testing, including background checks.
• Permits are subject to revocation in cases where holder becomes prohibited from possessing firearms or fails to comply with applicable federal, state, and local firearms laws.