Federal and state laws allow individuals to purchase and possess guns or firearms. Gun possession and the use of guns are heavily regulated at both state and federal levels.
Gun control laws vary significantly from region to region. Gun laws tend to be less restrictive in rural areas than in urban areas since more people use guns for recreational purposes, such as hunting and sports. Due to the higher crime rate in urban areas, gun laws tend to be more restrictive in these areas.
In general, gun control laws cover a large aspect regarding the use and possession of firearms, including:
Since 1934, the National Firearms Act has enforced gun laws at the federal level. Several weapons can be owned and used under a later revision of that act, the Gun Control Act of 1968. The weapons regulated by these laws are typically referred to as NFA or Title II firearms. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the ATF, requires NFA weapons to have serial numbers. Only the registered owner can use and possess these weapons.
Federal gun laws also require all persons looking to purchase a gun to undergo a federal background check. Federally licensed firearms dealers are required to conduct background checks on potential buyers as part of the Brady Handgun Prevention Act. The search examines the buying party’s criminal history, including the mental health history that could prevent the sale from going through.
Certain federal laws prohibit shipping or transporting firearms in interstate or foreign commerce, receiving firearms shipped or transported in interstate or foreign commerce, or possessing firearms in or affecting commerce.
Persons prohibited from purchasing, possessing, shipping, or transporting firearms include:
The FBI completes over 92% of Brady background checks through NICS while on the phone with the gun dealer. If the background check system fails to approve a gun purchaser’s application positively, they may have to wait up to three business days. The purchaser may complete the transaction if no denial is issued within that period.
Unlicensed private sellers who are “not engaged in the business of dealing firearms” are excluded from background checks. Other federal, state, or local restrictions may apply to the sale and possession of firearms by these parties.
A firearm is also prohibited on school grounds, on some federal lands, and in federal buildings under federal law. Since 2010, visitors to national parks have been permitted to carry loaded guns, except in a few areas.
Each state has its own gun laws, and, sometimes, there are differences between municipalities as well. Gun laws in California and New York, for example, differ significantly.
Multiple restrictions restrict the use and possession of firearms in California. Among these restrictions are:
In California, an individual may not carry a weapon, gun, or concealed weapon in a public place unless that person holds a valid Carry Concealed Weapon (CCW) license. The license allows a person to carry a concealed weapon in public. California County Sheriffs will issue these licenses to residents.
The following people are also prohibited from carrying firearms or weapons:
Every potential gun owner in California must undergo a background check, including those who purchase guns at gun shows. After ten days, the state must destroy the records on rifles and shotgun sales. In addition, California requires all gun owners to obtain a handgun safety certificate before purchasing a firearm. In California, you are limited to purchasing one gun every thirty days, regardless of how many guns you own.
In New York, restrictions exist which prohibit the use and possession of firearms that differ from those in California.
These regulations include:
New York does not currently have a law preventing child access. Because of this, gun owners in New York are not held accountable for leaving a gun accessible to children as they would be in California. All guns must, however, come with child-safety locks.
In addition to California, New York has concealed weapon permits that could be issued by police if necessary for public safety. A background check can take up to six months for potential gun owners in New York. The license requires applicants to be at least 21 years of age, and a criminal background check is required. Before a handgun can be completed, it must be ballistically fingerprinted.
States may impose varying degrees of restrictions on gun possession and use.
There have been several updates to the gun laws at both the federal and state levels in the past few years. Many of these updates focus on regulatory reform and streamlining processes.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is working on regulatory reform to modernize compliance, simplify forms, and remove burdens on Federal Firearms Licensees. The zero-tolerance Enhanced Regulatory Enforcement Policy, which revoked FFLs for even minor violations, was repealed in April 2025.
The Department of Justice (DOJ) proposed a rule in June 2025 that would create a system allowing the restoration of firearms rights to certain qualified individuals. The process would automatically exclude those with violent felony convictions, sex offenders, and drug traffickers.
There is pending legislation, called H.R. 38, or the Constitutional Concealed Carry Reciprocity Act, that would provide national recognition for concealed carry permits. This means, an individual with a concealed carry permit could carry in any other state that allows concealed carry.
It would also extend this right to constitutional carry states, or states where a permit is not required. In addition, it would permit concealed carry on certain federal lands that were open to the public.
H.R. 38 would also remove the federal prohibition on possessing a firearm in a school zone for qualified individuals. Additionally, it would protect private property rights and governmental buildings by still allowing restrictions.
The State of Colorado raised the legal age to purchase ammunition to 21. It also established a voluntary no-buy list as well as added additional gun show security and oversight.
Washington State passed bills that require stricter security for gun shops. This includes metal doors, grates, and bars.
California passed a law that requires self-made firearms, also called ghost guns, to be serialized and registered with the DOJ. This applies to firearms that are made from kits, 3D-printed components, and 80% lowers. As of January 1, 2024, knowing possessing an unserialized firearm in California can result in misdemeanor charges.
In Oregon, Measure 114, or the Reduction of Gun Violence Act, enacted strict gun control regulations in 2022. These included a ban on magazines that were capable of holding more than ten rounds and a permit-to-purchase requirement. Currently, the constitutionality of this law is being reviewed so it is not in force.
It is also important to note that proposed laws, for example, the proposed Assault Weapons Ban of 2023 that did not pass, may be proposed again at a future time. Changes in firearms laws are also common when changes in presidential administrations happen.
There are areas of firearms law that are often subject to ongoing debate and will be likely to cause ongoing change in the future, such as expanding background checks for private sales, firearm storage, bans on assault weapons, and other issues.
Yes, the United States Sentencing Commission (USSC) votes on potential updates to the federal sentencing guidelines on a yearly basis. Those that pass become effective on November 1st of the following year, unless Congress modifies or rejects them.
Examples of recent updates include updating the section on machinegun conversion devices, such as Glock switches, by adding new tiered enhancements. The requirement to show mens rea, or mental state, for stolen or altered firearms enhancements was added.
A clarification was made of the definition of physical restraint to focus on specific threats or physical contact for the criminal offense of robbery. This was done to resolve disagreements about whether the mere threat of harm suffices.
More information on the latest updates can be found on the United States Sentencing Commission Website as well as in the Federal Register, the official publication text for the adopted amendments. Because of the likelihood of frequent changes and updates and the possibility of impact on nearly every area of an individual’s life, any gun law question or concern should be addressed by a lawyer.
As a result of constitutional challenges and presidential actions, state and federal gun laws are extensive and constantly changing. Consult an attorney if you have questions about gun possession or use.
A criminal lawyer can also represent you in court if you are facing criminal gun possession charges. You can use LegalMatch’s free lawyer matching services today to find a criminal lawyer in your state who can answer any questions you have, give you advice on any charges against you, and represent you in court.
It will only take you about 15 minutes to complete the online submission process on the LegalMatch website, where you will be matched to lawyers in your area who are available to help with your legal needs. The responses you receive from local attorneys will include information about their education and background, typical fees, and reviews from former clients.
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