Understanding the federal statutes that govern firearms ownership, purchasing, and transfer across all 50 states.
The foundation of federal firearms regulation
The Gun Control Act of 1968 (GCA) is the primary federal law regulating firearms commerce in the United States. It establishes the legal framework for licensing firearms dealers, defining prohibited persons, and regulating interstate firearms transfers.
The GCA is codified at 18 U.S.C. §§ 921-931 and has been amended several times, most notably by the Firearms Owners Protection Act of 1986.
Requires Federal Firearms License (FFL) for anyone "engaged in the business" of dealing in firearms
Prohibits interstate firearms sales except through FFLs; handgun sales limited to resident's state
Requires buyers to complete background check form when purchasing from FFL
Bars certain individuals from possessing firearms based on criminal history, immigration status, etc.
21+ years old
Must purchase from FFL in buyer's state of residence
18+ years old
Rifles and shotguns; can purchase from any FFL
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal firearms laws.
Visit ATF.gov →Regulations for dangerous and unusual firearms
The National Firearms Act of 1934 (NFA) regulates the possession, manufacture, and transfer of certain categories of firearms and accessories deemed "dangerous and unusual." These items require special registration and taxation under federal law.
The NFA is codified at 26 U.S.C. §§ 5801-5872 and is enforced by the ATF.
Firearms that shoot more than one round per trigger pull
$200 Tax + Registration
Devices attached to firearms to reduce muzzle report
$200 Tax + Registration
Rifles with barrel less than 16" or overall length under 26"
$200 Tax + Registration
Shotguns with barrel less than 18" or overall length under 26"
$200 Tax + Registration
Bombs, grenades, rockets, missiles, etc.
$200 Tax + Registration
concealable weapons not classified as pistols
$5 Tax + Registration
The Firearms Owners Protection Act of 1986 prohibited the registration of new machine guns for civilian possession.
Civilians cannot legally acquire new transferable machine guns.
Pre-1986 registered machine guns can be transferred with ATF approval and $200 tax.
Many states prohibit certain or all NFA items:
Background check requirements for firearm purchases
The Brady Handgun Violence Prevention Act of 1993 established the National Instant Criminal Background Check System (NICS) and requires background checks for firearm purchases from Federal Firearms Licensees.
Named after James Brady, the White House Press Secretary who was permanently disabled during an assassination attempt on President Reagan.
The ATF Form 4473 collects buyer information including name, address, date of birth, and responses to prohibited person questions.
The dealer calls or uses the NICS E-Check system to initiate a background check using the information from Form 4473.
NICS searches three databases: FBI's Interstate Identification Index (III), NICS Index, and the Denied Persons File.
NICS provides one of three responses: Proceed, Denied, or Delayed. "Delayed" requires additional review within 3 business days.
Background check cleared. Transaction can proceed immediately.
Check incomplete. FFL may deliver after 3 business days if no denial.
Prohibited person identified. Transaction cannot proceed.
Federal law exempts certain transactions from the background check requirement:
Note: Some states require background checks for all firearm sales, including private transactions. Check your state laws.
If you believe you were wrongly denied, you have the right to:
Some states conduct their own background checks through state agencies rather than NICS directly:
Categories of individuals barred from firearms possession
Under 18 U.S.C. § 922(g), it is unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition. These are known as "prohibited persons."
Important: Violating these prohibitions is a federal crime punishable by up to 10 years in prison and fines up to $250,000.
Any person convicted of a crime punishable by imprisonment for more than one year. This includes state and federal felonies.
Any person with an outstanding warrant for their arrest for a crime punishable by imprisonment for more than one year.
Unlawful users or those addicted to controlled substances listed in 21 U.S.C. § 802, including marijuana (despite state legalization).
Persons adjudicated as mentally defective or committed to a mental institution, including those found not guilty by reason of insanity.
Non-citizens in the U.S. illegally, as well as those who have been admitted under nonimmigrant visas (unless exception applies).
Members of the Armed Forces who received a dishonorable discharge from the U.S. Armed Forces.
U.S. citizens who have formally renounced their American citizenship.
Persons subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child.
Persons convicted of a misdemeanor crime of domestic violence against an intimate partner, child, or parent.
Under 18 U.S.C. § 922(d)(9) and § 922(g)(9), persons convicted of a "misdemeanor crime of domestic violence" are prohibited from possessing firearms.
A misdemeanor crime of domestic violence requires:
Note: Not all domestic violence misdemeanors qualify. Consult an attorney if you have questions about your specific conviction.
States may impose additional prohibitions beyond federal law:
If you believe you may be wrongly classified as a prohibited person, consult a firearms attorney.
Find legal resources →Understanding how convicted felons may regain their right to possess firearms
If you have been convicted of a felony, do not attempt to purchase or possess a firearm without first understanding the legal requirements for restoring your rights. Violations can result in additional felony charges and up to 10 years in federal prison.
Always consult with a qualified firearms attorney before attempting to exercise any Second Amendment rights after a felony conviction.
Felons have several potential pathways to restore their firearms rights. The appropriate path depends on the type of conviction, jurisdiction, and individual circumstances.
The President can grant pardons for federal offenses, which restores firearms rights. Does not apply to state convictions.
Many states offer pardons that can restore firearms rights. Requirements and processes vary significantly by state.
Some states issue certificates that explicitly restore firearms rights. These may have specific requirements and limitations.
If a conviction is expunged or set aside by a court, federal prohibitions may no longer apply in some circumstances.
The President has the power to grant pardons for federal offenses under Article II, Section 2 of the Constitution. A full and unconditional pardon restores the ability to possess firearms under federal law.
Pardon applications are submitted to the Office of the Pardon Attorney at the Department of Justice. The process typically takes 2-5 years.
| State | Restoration Method | Notes |
|---|---|---|
| Alabama | Pardon, Certificate | Board of Pardons & Paroles |
| Alaska | Certificate | Divorce from conviction process |
| Arizona | Set-Aside, Restoration | Court petition required |
| Arkansas | Pardon | State Board of Pardons |
| California | Certificate of Rehabilitation | Must complete probation/parole first |
| Florida | Pardon, 825.101 Relief | Governor's pardon required |
| Georgia | Pardon, Restoration | Board of Pardons & Paroles |
| Kansas | Set-Aside | 州法院petition |
| Louisiana | Pardon, Full Restoration | Governor's pardon required |
| Nebraska | Certificate | Board of Parole |
| Nevada | Pardon | Board of Pardon Commissioners |
| New Mexico | Certificate | Governor's Certificate |
| North Carolina | Pardon, Restoration | Governor & Council of State |
| Oklahoma | Pardon, Certificate | Pardon & Parole Board |
| South Carolina | Pardon, Restoration | Bureau of Justice Services |
| Texas | Pardon, Restoration | Governor's pardon restores rights |
| Utah | Certificate | Board of Pardons |
| Virginia | Restoration | Governor's rights restoration |
| Wyoming | Pardon, Restoration | Board of Parole |
Important: State restoration of firearms rights only applies to state firearms prohibitions. A state pardon does NOT restore rights under federal law for federal offenses. Consult an attorney for complete guidance.
If you've had rights restored, you'll need to answer Question 21.f on Form 4473 regarding your right to possess firearms.
Keep documentation of any restoration order, pardon, or certificate with your records.
Common questions about federal firearms laws
Federal laws set minimum standards that apply nationwide. States can enact laws that are more restrictive but not less restrictive than federal law. When both apply, you must comply with both. Some states also have laws covering areas not addressed by federal law.
Handguns must be purchased from an FFL in your state of residence. Long guns (rifles and shotguns) can be purchased from FFLs in other states but must be shipped to an FFL in your state for transfer. Once legally acquired, you may transport the firearm to your home state, but must comply with both states' laws.
Under federal law, private sales between residents of the same state do not require a background check. However, many states have enacted laws requiring background checks for all firearm sales, including private transactions. Always check your state's laws.
Yes, felons may regain their firearms rights through several pathways: presidential pardon (federal offenses), state pardon, state certificate of restoration, or expungement. Requirements vary by state and conviction type. This is a complex legal area—consult a qualified attorney before attempting to purchase firearms.
A straw purchase is buying a firearm for someone who is prohibited from purchasing it themselves. For example, buying a gun for a felon, domestic abuser, or out-of-state resident. This is a federal crime under 18 U.S.C. § 922(a)(6), even if the intended recipient would pass a background check.
The NFA maintains a registry of all transferable machine guns. After the 1986 Hughes Amendment, no new machine guns can be added to this registry for civilian ownership. Pre-1986 registered machine guns can be transferred to civilians with ATF approval and payment of the $200 transfer tax.
Explore state-specific laws or find legal resources for your situation.