How Do States Regulate the Intersection of Alcohol and Firearms? A 50-State Assessment of Alcohol-Related Firearm Laws, 2010-2023.

Abstract

Despite evidence of a positive association between alcohol consumption and firearm-involved violence, the literature on state laws that regulate the intersection between the 2 is limited. This study is based on original legal research conducted in 2024 to describe the contemporary legal landscape and identify the characteristics of alcohol-related firearm laws in all U.S. states from 2010 to 2023. Using keyword searches, all state statutes regulating firearm access by persons with acute or habitual alcohol use that were in effect during the study period were retrieved from the Westlaw legal database. Statutes were reviewed and coded using a detailed codebook on the basis of a previously published protocol. Characteristics that shape implementation and enforcement were also assessed. Ten different types of alcohol-related firearm laws were identified, and their distribution was found to vary across U.S. states. There was a clear uptick in legislative activities during the study period, mostly due to Extreme Risk Protection Order enactment. Considerable state-to-state variation was observed in the legal definition of key terms such as habitual alcohol use or sensitive locations, celerity and scope of firearm removals or permit cancelation, and exemptions. Many statutes were noticeably vague in their enforcement standards. Firearm removal or permit cancelations were often not mandated. This study reveals that states find value and are active in enacting alcohol-related firearm laws. However, most existing state laws lack clarity and provide little concrete guidance for implementation and enforcement, suggesting that their overall impact may be limited.