Federal Firearms Law

Federal firearms law — built primarily on the Gun Control Act of 1968 (18 U.S.C. Chapter 44), the National Firearms Act of 1934 (26 U.S.C. Chapter 53), and the Brady Handgun Violence Prevention Act (1993) — regulates who can buy, possess, transfer, and manufacture firearms in the United States, enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Gun Control Act prohibits firearm sales to nine categories of "prohibited persons": convicted felons, domestic violence misdemeanants, those under restraining orders, fugitives, unlawful drug users, mental health adjudicatees, illegal immigrants, those dishonorably discharged, and those who renounced citizenship. Licensed dealers (FFLs — Federal Firearms Licensees) must conduct NICS background checks through the FBI before every sale. The National Firearms Act imposes a $200 tax and registration requirement on machine guns, suppressors, short-barreled rifles and shotguns, and destructive devices — creating a tightly regulated (and extremely slow, often 6–12 month) transfer process through ATF. The Bipartisan Safer Communities Act (2022) — the first significant federal gun legislation since the Brady Act — tightened the "boyfriend loophole" in domestic violence prohibitions, required FFL status for more private sellers, and funded crisis intervention programs. Federal law sets a floor, not a ceiling: states can (and many do) impose stricter requirements, from waiting periods to assault weapons bans to permit requirements for purchase.

Current Law (2026)

Parameter	Value
Core statutes	Gun Control Act of 1968 (18 U.S.C. Chapter 44); National Firearms Act of 1934 (26 U.S.C. Chapter 53); Bipartisan Safer Communities Act (2022)
Primary enforcer	Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Federal Firearms Licensees (FFLs)	~78,000 active licensed dealers, manufacturers, importers
NICS background checks	~30 million/year through National Instant Criminal Background Check System
Prohibited persons	9 categories under § 922(g) — felons, domestic violence, fugitives, etc.
Minimum purchase age	18 for long guns (rifles/shotguns); 21 for handguns from licensed dealers
Constitutional framework	Second Amendment right to keep and bear arms; subject to regulation per District of Columbia v. Heller (2008) and New York State Rifle v. Bruen (2022)

Legal Authority

18 U.S.C. § 922(a-d) — Licensed dealer requirements (firearms may only be sold by FFLs across state lines; dealers must conduct NICS background checks; maintain records of acquisition and disposition; report multiple handgun sales)
18 U.S.C. § 922(g) — Prohibited persons (unlawful for the following to ship, transport, possess, or receive firearms: persons convicted of crimes punishable by 1+ year imprisonment, fugitives, unlawful drug users, adjudicated mental defectives/committed to mental institutions, illegal aliens, dishonorably discharged military, persons who have renounced U.S. citizenship, persons under domestic violence restraining orders, persons convicted of misdemeanor domestic violence)
18 U.S.C. § 922(t) — NICS background checks (FFLs must contact NICS before transferring any firearm; if system provides no determination within 3 business days, transfer may proceed — the "default proceed" or "Charleston loophole")
18 U.S.C. § 924(a-c) — Penalties (unlawful possession by prohibited person: up to 15 years; use/carry of firearm during crime of violence or drug trafficking: 5-year mandatory minimum for first offense, 7 years for brandishing, 10 years for discharge, 25 years for second offense; possession of armor-piercing ammunition during crime: 15-year minimum)
18 U.S.C. § 926 — Rules and regulations (Attorney General may prescribe rules necessary to carry out the provisions; cannot require registration of firearms or establish a comprehensive firearms registration system)
18 U.S.C. § 922(r,v,w) — Assault weapons and large-capacity magazines (federal assault weapons ban expired in 2004; no current federal ban; Bipartisan Safer Communities Act enhanced review for 18-20 year old purchasers)
Bipartisan Safer Communities Act (2022) — Enhanced background checks for purchasers under 21 (check juvenile and mental health records); federal funding for state crisis intervention programs (red flag laws); expanded definition of "engaged in the business" of firearms dealing; closed the "boyfriend loophole" by extending domestic violence prohibitions to dating partners; mental health and school safety funding)

Implementing Regulations (27 CFR Part 478; 28 CFR Part 25)

27 CFR Part 478 — Commerce in firearms and ammunition (ATF):
- § 478.11 — Definitions: "engaged in the business" of dealing (key threshold for FFL requirement), "firearms," "handgun," "rifle," "shotgun," "antique firearm," "armor-piercing ammunition"
- § 478.41–478.57 — Federal Firearms License (FFL) requirements: application, renewal, fees, record of transactions (Form 4473), importation, dealer obligations
- § 478.92 — Firearms manufacturers' identification markings: serial number, manufacturer name, caliber/gauge — required on all manufactured/imported firearms
- § 478.99–478.103 — Unlawful acts: sales to out-of-state residents, sales to prohibited persons, false statements on Form 4473, straw purchases
- § 478.124 — Firearms Transaction Record (ATF Form 4473): buyer identification, prohibited person screening questions, NICS check documentation, dealer retention (20 years minimum)
- § 478.125a — Personal firearms collection: when FFL holders' personal collection transfers require Form 4473 and NICS check
27 CFR Part 479 — National Firearms Act (NFA) items: machine guns, short-barreled rifles/shotguns, suppressors, destructive devices — registration requirements, $200 tax stamp, ATF Form 4, trust/entity transfers
28 CFR Part 25 — National Instant Criminal Background Check System (NICS): FBI administration, record check procedures, 3-business-day response period, appeal process for denials, NICS Indices (records of prohibited persons)

How It Works

Federal firearms law establishes the baseline regulatory framework for the manufacture, sale, and possession of firearms in the United States, operating within the constraints of the Second Amendment.

The Gun Control Act requires anyone "engaged in the business" of manufacturing, importing, or dealing in firearms to obtain a Federal Firearms License (FFL) from ATF. Licensed dealers must conduct NICS background checks on all purchasers, maintain detailed records ("the bound book") of all firearms acquired and sold, report multiple handgun sales, and allow ATF inspections. The Bipartisan Safer Communities Act (2022) expanded the definition of "engaged in the business" to capture more private sellers who repeatedly buy and sell firearms for profit. Before completing a firearm transfer, FFLs must contact the FBI-operated National Instant Criminal Background Check System (NICS), which searches multiple databases to determine if the buyer is a prohibited person; most checks complete in minutes with a "proceed" or "deny" result, but if NICS returns a "delay," the FFL may complete the transfer after 3 business days if no final determination is made — the "default proceed" provision. The Bipartisan Safer Communities Act added an enhanced review process for buyers under 21, requiring NICS to check juvenile records and providing up to 10 business days for review.

Nine categories of individuals are federally prohibited from possessing firearms under 18 U.S.C. § 922(g). The most common disqualifier is a felony conviction (any crime punishable by more than one year imprisonment). The domestic violence prohibitions — § 922(g)(8) for persons under domestic violence restraining orders and § 922(g)(9) for misdemeanor DV convictions — were expanded by the Bipartisan Safer Communities Act to include dating partners, not just spouses and cohabitants; the Supreme Court upheld the constitutionality of § 922(g)(8) in United States v. Rahimi (2024), applying the Bruen historical tradition test. Federal law does not require background checks for private sales between individuals within the same state — the so-called "private sale exemption" — though approximately 20 states have enacted universal background check laws. The Supreme Court's District of Columbia v. Heller (2008) established an individual right to possess firearms for self-defense; McDonald v. City of Chicago (2010) applied this right to the states; and New York State Rifle & Pistol Association v. Bruen (2022) significantly expanded gun rights by requiring that firearms regulations be consistent with the nation's "historical tradition of firearm regulation," establishing a new framework under which numerous federal and state firearms regulations have been challenged in court.

How It Affects You

If you're buying a firearm from a licensed dealer: When you purchase from any Federal Firearms Licensee (FFL), the dealer must initiate a NICS background check through the FBI before transferring the firearm. Most checks resolve in minutes — you'll get a "proceed," "delay," or "deny" response. A "delay" means FBI needs up to 3 business days to complete enhanced review; if no response comes after 3 days, the dealer may transfer the firearm at their discretion (this "default proceed" rule has been controversial). Under the Bipartisan Safer Communities Act (2022), buyers under 21 now face enhanced review that may include juvenile records — this process can take up to 10 business days. Federal law sets minimum ages: 18 to buy long guns (rifles, shotguns) and 21 to buy handguns from FFLs. Private sales between unlicensed individuals within a single state are not federally required to involve a background check — but roughly 20 states have closed this gap with their own universal background check laws, so verify your state's requirements before buying privately. If you're denied, you'll receive a transaction number; you can appeal through the NICS Section at fbi.gov/services/cjis/nics within 30 days. Common denial reasons include identity confusion with someone who has a disqualifying record — these can be resolved.

If you have a criminal record or domestic violence history: Federal law under 18 U.S.C. § 922(g) makes you a prohibited person if you've been convicted of any felony (crime punishable by more than one year imprisonment), any misdemeanor domestic violence conviction, or if you are currently subject to a domestic violence restraining order. Possession by a prohibited person carries up to 15 years imprisonment under 18 U.S.C. § 924. There is no general federal mechanism to restore firearms rights after a conviction — pardons and state-level rights restoration are the only paths. Some states restore rights through expungement or gubernatorial pardon, but federal law treats those restorations differently depending on whether the state's restoration mechanism is "complete." If you're unsure whether a past conviction makes you a prohibited person, consult a criminal defense attorney before attempting any purchase — a denial followed by continued possession attempts can itself trigger prosecution. Mental health adjudications (not just treatment, but formal court-ordered commitment or adjudication) and dishonorable discharges are also disqualifying under § 922(g). The ATF provides a summary of prohibited persons at atf.gov/firearms/identify-prohibited-persons.

If you're a firearms dealer or thinking about selling firearms: Federal law requires an FFL (Federal Firearms License) for anyone "engaged in the business" of dealing firearms — a definition that the 2022 Bipartisan Safer Communities Act significantly expanded. Under the new definition, you need an FFL if you sell firearms "to predominantly earn a profit," regardless of the number of transactions. Previously, occasional private sales were clearly outside FFL requirements; the new standard is applied case-by-case. As an FFL, your obligations include: conducting NICS checks on all sales, maintaining an acquisition and disposition record (the "bound book"), retaining ATF Form 4473s (transaction records) for 20 years, reporting multiple handgun sales to the same person within 5 business days, and submitting to ATF compliance inspections without prior notice. Lost or stolen firearms must be reported to ATF within 48 hours. Violations can result in license revocation, civil penalties, or criminal prosecution. To apply for an FFL, file ATF Form 7 and expect a 60-day processing period and an in-person interview; applications are submitted at atf.gov/firearms/apply-ffl.

If you carry a concealed weapon or travel between states: Federal law does not regulate concealed carry — who may carry, where, and with what permit is entirely state law. After New York State Rifle & Pistol Association v. Bruen (2022), states can no longer require applicants to demonstrate a special need for self-defense (the "may issue" regime); most states are now "shall issue" or permit-free ("constitutional carry"). As of 2026, 29 states have constitutional carry laws requiring no permit for concealed carry by eligible adults. However, your state's permit or permitless carry authorization does not travel freely: states have varying reciprocity agreements, and a firearm legal in Texas may not be legal to carry in California or New York. For multistate travel, the FOPA safe harbor (18 U.S.C. § 926A) allows unloaded, locked transport of firearms through states where you cannot legally possess them — but only if your origin and destination states both permit possession. Use the USCCA reciprocity map at uscca.com/reciprocity to check your state's agreements before travel. Federal buildings (§ 930), school zones (§ 922(q)), and postal facilities are federal firearms-prohibited zones regardless of state law.

State Variations

Firearms regulation is one of the most varied areas of state law:

Background checks: ~20 states require universal background checks for all sales; the remainder follow the federal FFL-only requirement
Assault weapons: 10 states + DC ban certain semi-automatic firearms and/or large-capacity magazines; no federal ban since 2004 expiration
Concealed carry: Post-Bruen, 29 states have permitless (constitutional) carry; remaining states are shall-issue or may-issue
Red flag laws: 21 states + DC have Extreme Risk Protection Order laws (funded but not required by the 2022 federal law)
Waiting periods: 10 states impose waiting periods (3-14 days) between purchase and delivery
Registration: A handful of states (Hawaii, DC) require firearm registration; federal law prohibits a national registry
California, New York, New Jersey, Massachusetts, Connecticut, and Illinois have the most restrictive state firearms laws

Pending Legislation

S 3458 — Background Check Completion Act of 2025: requires completed federal background checks before licensed firearm transfers and removes a 10-business-day processing cap. Status: Introduced.
HR 6223 — Crime Gun Tracing Modernization Act of 2025: creates an ATF-run searchable firearms tracing database with privacy limits and independent audits. Status: Introduced.
HR 7134 — Destroy Zombie Guns Act: requires full destruction of firearm parts, expands who counts as a destroyer, adds fines and jail time. Status: Introduced.
S 3512 — Medicare Investment and Gun Violence Prevention Act: reinstates federal firearm transfer/manufacturing taxes and sends $1.7B to Medicare Part A trust fund. Status: Introduced.
HR 7499 — Amends the Consumer Product Safety Act to remove the exclusion of firearms from CPSC jurisdiction. Status: Introduced.
HR 2191 — AMMO Act: would create federal licenses, background checks, recordkeeping, bulk-sale limits for ammunition, and $150M for NICS upgrades. Status: Introduced.
HR 2165 — 3D Printed Gun Safety Act: would ban posting 3D-printing code online that programs printers to make firearms. Status: Introduced.
HR 2156 — MASS Act: creates federal grants for state-run firearms licensing covering buyers, owners, dealers, background checks, training, and storage rules. Status: Introduced.
HR 2158 — Stopping the Fraudulent Sale of Firearms Act: would create a federal crime for fraudulent firearm or ammunition sales and interstate deceptive communications. Status: Introduced.
HR 2192 — Clean Hands Firearm Procurement Act: would bar federal contracts with dealers ATF links to fast time-to-crime traces. Status: Introduced.
HR 1922 — FIREARM Act: would protect licensees who self-report violations, create a 30-business-day cure period with training. Status: Introduced.

Recent Developments

New York State Rifle v. Bruen (2022) fundamentally changed the legal framework for evaluating firearms regulations, requiring historical tradition analysis and triggering challenges to numerous federal and state gun laws
United States v. Rahimi (2024) upheld § 922(g)(8) domestic violence disarmament, providing guidance on how to apply Bruen's historical framework
ATF's expanded "engaged in the business" rule (implementing the 2022 law) is being challenged in court
ATF's rule reclassifying pistol braces as short-barreled rifles was vacated by courts
Ongoing litigation challenges to § 922(g)(1) (felon-in-possession) under the Bruen framework, with circuit splits emerging across the federal court system
In January 2026, the Supreme Court denied review in several gun cases challenging the federal ban on firearms possession by convicted felons and other prohibited persons, leaving lower court rulings upholding the restrictions intact.