ยง134-2ย  Permits to acquire.ย  (a)ย  No
person shall acquire the ownership of a firearm, whether usable or unusable,
serviceable or unserviceable, modern or antique, registered under prior law or
by a prior owner or unregistered, either by purchase, gift, inheritance,
bequest, or in any other manner, whether procured in the State or imported by
mail, express, freight, or otherwise, until the person has first procured from
the chief of police of the county of the person's place of business or, if
there is no place of business, the person's residence or, if there is neither
place of business nor residence, the person's place of sojourn, a permit to
acquire the ownership of a firearm as prescribed in this section.ย  When title
to any firearm is acquired by inheritance or bequest, the foregoing permit
shall be obtained before taking possession of a firearm; provided that upon
presentation of a copy of the death certificate of the owner making the
bequest, any heir or legatee may transfer the inherited or bequested firearm
directly to a dealer licensed under section 134-31 or licensed by the United
States Department of Justice without complying with the requirements of this
section.



(b)ย  The permit application form shall include
the applicant's name, address, sex, height, weight, date of birth, place of
birth, country of citizenship, social security number, alien or admission
number, and information regarding the applicant's mental health history and
shall require the fingerprinting and photographing of the applicant by the
police department of the county of registration; provided that where
fingerprints and photograph are already on file with the department, these may
be waived.



(c)ย  An applicant for a permit shall sign a
waiver at the time of application, allowing the chief of police of the county
issuing the permit access to any records that have a bearing on the mental
health of the applicant.ย  The permit application form and the waiver form shall
be prescribed by the attorney general and shall be uniform throughout the
State.



(d)ย  The chief of police of the respective
counties may issue permits to acquire firearms to citizens of the United States
of the age of twenty-one years or more, or duly accredited official
representatives of foreign nations, or duly commissioned law enforcement
officers of the State who are aliens; provided that any law enforcement officer
who is the owner of a firearm and who is an alien shall transfer ownership of
the firearm within forty-eight hours after termination of employment from a law
enforcement agency.ย  The chief of police of each county may issue permits to
aliens of the age of eighteen years or more for use of rifles and shotguns for
a period not exceeding sixty days, upon a showing that the alien has first
procured a hunting license under chapter 183D, part II.ย  The chief of police of
each county may issue permits to aliens of the age of twenty-one years or more
for use of firearms for a period not exceeding six months, upon a showing that
the alien is in training for a specific organized sport-shooting contest to be
held within the permit period.ย  The attorney general shall adopt rules,
pursuant to chapter 91, as to what constitutes sufficient evidence that an
alien is in training for a sport-shooting contest.ย  Notwithstanding any
provision of the law to the contrary and upon joint application, the chief of
police may issue permits to acquire firearms jointly to spouses who otherwise
qualify to obtain permits under this section.



(e)ย  The permit application form shall be
signed by the applicant and by the issuing authority.ย  One copy of the permit
shall be retained by the issuing authority as a permanent official record.ย 
Except for sales to dealers licensed under section 134-31, or dealers licensed
by the United States Department of Justice, or law enforcement officers, or
where a license is granted under section 134-9, or where any firearm is
registered pursuant to section 134-3(a), no permit shall be issued to an
applicant earlier than fourteen calendar days after the date of the
application; provided that a permit shall be issued or the application denied
before the twentieth day from the date of application.ย  Permits issued to
acquire any pistol or revolver shall be void unless used within ten days after
the date of issue.ย  Permits to acquire a pistol or revolver shall require a
separate application and permit for each transaction.ย  Permits issued to
acquire any rifle or shotgun shall entitle the permittee to make subsequent
purchases of rifles or shotguns for a period of one year from the date of issue
without a separate application and permit for each acquisition, subject to the
disqualifications under section 134-7 and subject to revocation under section
134-13; provided that if a permittee is arrested for committing a felony or any
crime of violence or for the illegal sale of any drug, the permit shall be
impounded and shall be surrendered to the issuing authority.ย  The issuing
authority shall perform an inquiry on an applicant who is a citizen of the
United States by using the National Instant Criminal Background Check System
before any determination to issue a permit or to deny an application is made.ย 
If the applicant is not a citizen of the United States and may be eligible to
acquire a firearm under this chapter, the issuing authority shall perform an
inquiry on the applicant, by using the National Instant Criminal Background
Check System, to include a check of the Immigration and Customs Enforcement
databases, before any determination to issue a permit or to deny an application
is made.



(f)ย  In all cases where a pistol or revolver is
acquired from another person within the State, the permit shall be signed in
ink by the person to whom title to the pistol or revolver is transferred and
shall be delivered to the person who is transferring title to the firearm, who
shall verify that the person to whom the firearm is to be transferred is the
person named in the permit and enter on the permit in the space provided the
following information:ย  name of the person to whom the title to the firearm was
transferred; names of the manufacturer and importer; model; type of action;
caliber or gauge; and serial number as applicable.ย  The person who is
transferring title to the firearm shall sign the permit in ink and cause the
permit to be delivered or sent by registered mail to the issuing authority
within forty-eight hours after transferring the firearm.



In all cases where receipt of a firearm is had
by mail, express, freight, or otherwise from sources without the State, the
person to whom the permit has been issued shall make the prescribed entries on
the permit, sign the permit in ink, and cause the permit to be delivered or
sent by registered mail to the issuing authority within forty-eight hours after
taking possession of the firearm.



In all cases where a rifle or shotgun is
acquired from another person within the State, the person who is transferring
title to the rifle or shotgun shall submit, within forty-eight hours after
transferring the firearm, to the authority which issued the permit to acquire,
the following information, in writing:ย  name of the person who transferred the
firearm, name of the person to whom the title to the firearm was transferred;
names of the manufacturer and importer; model; type of action; caliber or
gauge; and serial number as applicable.



(g)ย  Effective July 1, 1995, no person
shall be issued a permit under this section for the acquisition of a pistol or
revolver unless the person, at any time prior to the issuance of the permit,
has completed:



(1)ย  An approved hunter education course as authorized
under section 183D-28;



(2)ย  A firearms safety or training course or class
available to the general public offered by a law enforcement agency of the
State or of any county;



(3)ย  A firearms safety or training course offered to
law enforcement officers, security guards, investigators, deputy sheriffs, or
any division or subdivision of law enforcement or security enforcement by a
state or county law enforcement agency; or



(4)ย  A firearms training or safety course or class
conducted by a state certified or National Rifle Association certified firearms
instructor or a certified military firearms instructor that provides, at a
minimum, a total of at least two hours of firing training at a firing range and
a total of at least four hours of classroom instruction, which may include a
video, that focuses on:



(A)ย  The safe use, handling, and storage of
firearms and firearm safety in the home; and



(B)ย  Education on the firearm laws of the
State.



An affidavit signed by the certified firearms
instructor who conducted or taught the course, providing the name, address, and
phone number of the instructor and attesting to the successful completion of
the course by the applicant shall constitute evidence of certified successful
completion under this paragraph.



(h)ย  No person shall sell, give, lend, or
deliver into the possession of another any firearm except in accordance with
this chapter.



(i)ย  No fee shall be charged for permits, or
applications for permits, under this section, except for a single fee
chargeable by and payable to the issuing county, for individuals applying for
their first permit, in an amount equal to the fee actually charged by the
Federal Bureau of Investigation to the issuing police department for a
fingerprint check in connection with that application or permit.ย  In the case
of a joint application, the fee provided for in this section may be charged to
each person to whom no previous permit has been issued. [L 1988, c 275, pt of
ยง2; am L 1992, c 287, ยง2; am L 1994, c 204, ยง3; am L 1995, c 11, ยง1; am L 1996,
c 200, ยงยง2, 3; am L 1997, c 53, ยง2 and c 278, ยง1; am L 2006, c 27, ยง1; am L
2007, c 9, ยง6]