Overview
The United States regulates civilian firearms through a layered system in which federal statutes set a nationwide baseline and the 50 states, the District of Columbia, and U.S. territories add their own — often substantially stricter or looser — rules. As a result, the lawful treatment of a given firearm can differ markedly from one state to the next, and any national summary describes only the federal floor plus common patterns.
At the constitutional level, the Second Amendment to the United States Constitution protects "the right of the people to keep and bear Arms." The Supreme Court held in District of Columbia v. Heller (2008) that this protects an individual right to possess a firearm for lawful purposes such as self-defense in the home, and in McDonald v. City of Chicago (2010) that the right applies against state and local governments. In New York State Rifle & Pistol Association v. Bruen (2022) the Court held that the right extends to carrying firearms in public and adopted a "text, history, and tradition" test for evaluating gun regulations.
The principal federal statutes remain in force in 2026. The National Firearms Act (NFA) of 1934 taxes and registers a narrow class of tightly controlled items. The Gun Control Act (GCA) of 1968 licenses the firearms industry, defines "prohibited persons," and governs interstate commerce; it is administered, together with the NFA, by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Firearm Owners' Protection Act of 1986 amended the GCA and froze the civilian machine-gun pool. The Brady Handgun Violence Prevention Act of 1993 created the federal background-check system. Most recently, the Bipartisan Safer Communities Act of 2022 enhanced background checks for buyers under 21.
Ordinary rifles, shotguns, and handguns are broadly legal to own for adults who are not prohibited persons, and the United States has one of the highest rates of civilian firearm ownership in the world. The federal government does not license or register ordinary firearms or their owners; those functions, where they exist, are matters of state law. Several states — including California and New York, among others — impose additional layers such as permit-to-purchase requirements, bans on certain semi-automatic "assault weapons," and magazine-capacity limits, while many other states impose few requirements beyond the federal minimum. This article describes the federal framework and flags where state law commonly diverges; readers should consult the law of the specific state involved.
Ownership & licensing
Federal law does not require a civilian to obtain a license or permit to own an ordinary rifle, shotgun, or handgun, and it maintains no national registry of such firearms or their owners. Instead, the Gun Control Act (GCA) of 1968 regulates the point of sale. Anyone "engaged in the business" of dealing, manufacturing, or importing firearms must hold a Federal Firearms License (FFL) issued by the ATF, and licensed dealers must run each buyer through a background check.
Eligibility turns on the "prohibited person" categories in 18 U.S.C. § 922(g). As verified against the statute this session, these bar possession by, among others: anyone convicted of "a crime punishable by imprisonment for a term exceeding one year" (§ 922(g)(1)); fugitives from justice (§ 922(g)(2)); unlawful users of or those addicted to a controlled substance (§ 922(g)(3)); persons adjudicated a mental defective or committed to a mental institution (§ 922(g)(4)); certain aliens (§ 922(g)(5)); those dishonorably discharged from the armed forces (§ 922(g)(6)); persons who have renounced U.S. citizenship (§ 922(g)(7)); those subject to qualifying domestic-violence restraining orders (§ 922(g)(8)); and those convicted of a misdemeanor crime of domestic violence (§ 922(g)(9)). The Supreme Court upheld the restraining-order provision in United States v. Rahimi (2024).
Age limits appear in 18 U.S.C. § 922(b). As verified against the statute this session, a licensed dealer may sell a long gun (rifle or shotgun) to a person at least 18 years old and a handgun only to a person at least 21.
The background check runs through the FBI's National Instant Criminal Background Check System (NICS), created by the Brady Handgun Violence Prevention Act of 1993 and operational since 1998. If NICS returns no determination within three business days, federal law permits the dealer to proceed with the transfer. Under the Bipartisan Safer Communities Act of 2022, buyers aged 18 to 20 are subject to an enhanced check that may take up to ten days while juvenile and mental-health records are reviewed. Federal law does not require a background check for a sale between two private individuals who are not licensed dealers, although a number of states independently require checks or dealer involvement for private transfers.
A separate regime governs NFA items — machine guns, short-barreled rifles, short-barreled shotguns, suppressors, destructive devices, and "any other weapons." These must be registered in the National Firearms Registration and Transfer Record, with fingerprints and a photograph submitted on an ATF Form 1 or Form 4. Civilian possession of machine guns is effectively frozen: under 18 U.S.C. § 922(o), transfer or possession is unlawful except for weapons lawfully registered before the provision took effect on May 19, 1986. State law adds further variation: some states require a purchase permit, a firearm-owner identification card, or registration, and some prohibit specified semi-automatic firearms and magazines outright.
Carry & transport
Whether and how a firearm may be carried in public is governed primarily by state law, on a constitutional baseline set by the Supreme Court. In New York State Rifle & Pistol Association v. Bruen (2022), the Court held that the Second Amendment protects a right to carry a handgun in public for self-defense and struck down "may-issue" licensing schemes, under which officials could deny a carry permit for lack of a special need. The Court confirmed that "shall-issue" systems remain permissible: a state may require a permit and condition it on objective criteria — such as a background check, training, and fingerprinting — but may not exercise open-ended discretion to refuse qualified applicants. By the Court's own count in the opinion, 43 states were "shall issue" jurisdictions, while only six states plus the District of Columbia operated "may issue" systems that the ruling called into question.
Carry practice therefore falls into broad patterns that vary by state. Many states allow "permitless" or "constitutional" carry, under which an eligible adult may carry a concealed handgun without a permit; others require a shall-issue permit. Open carry — carrying a visible firearm — is broadly lawful in many states, sometimes without a permit, but is restricted or prohibited in others. Concealed carry generally requires a permit where permitless carry is not authorized. Because the applicable rules, the minimum age, and the list of "sensitive places" where carry is forbidden differ by jurisdiction, and because permit reciprocity between states is itself a matter of state law, the details must be checked for the specific state.
Federal law layers on several nationwide rules. The Gun-Free School Zones Act generally prohibits knowingly carrying a firearm within 1,000 feet of a school, subject to exceptions including for holders of a valid state-issued carry license. Firearms are prohibited in federal facilities and in the secured areas of airports, and separate rules apply on military bases, in national parks (where state possession law controls), and on other federal property.
For transport, the Firearm Owners' Protection Act of 1986 created a "safe passage" provision, codified at 18 U.S.C. § 926A. It allows a person who may lawfully possess a firearm at both origin and destination to transport it between those two places even through a state where possession would otherwise be restricted, provided the firearm is unloaded and neither it nor its ammunition is readily accessible — typically meaning the firearm is locked in the trunk or a separate container, out of the passenger compartment. States nonetheless differ on the fine points of vehicle transport, so travelers commonly secure firearms unloaded and cased. The safe-passage rule operates as a defense to state charges but does not override every state storage requirement for stops made along the way.
Travel & import
Two distinct questions arise for travel: moving firearms within the United States and bringing them across the international border. Both are subject to federal rules, with additional state and airline requirements.
Domestic air travel with firearms is permitted only in checked baggage under Transportation Security Administration (TSA) rules. Firearms must be unloaded, packed in a locked hard-sided container, and declared to the airline at check-in; ammunition must be transported in accordance with airline and TSA packaging rules. Firearms and ammunition are prohibited in carry-on baggage and beyond airport security checkpoints. Travelers remain responsible for complying with the firearm laws of both the origin and destination states, which matters because a firearm, magazine, or configuration that is lawful in one state may be prohibited in another. For driving between states, the federal "safe passage" provision at 18 U.S.C. § 926A (discussed above) offers limited protection when the firearm is unloaded and inaccessible, but it does not harmonize the underlying state laws.
International importation is tightly controlled. Under the Gun Control Act, most firearms and ammunition may be imported only with prior authorization from the ATF, obtained on ATF Form 6, and the GCA restricts imports to firearms that are "generally recognized as particularly suitable for or readily adaptable to sporting purposes" — a standard that bars importation of many military-pattern and NFA-type firearms for the civilian market. Imports are also processed through U.S. Customs and Border Protection (CBP), and separate State Department export-control rules apply to firearms leaving the country. A returning U.S. resident who took a personally owned firearm abroad can generally bring it back but is commonly advised to document it before departure (for example, on CBP Form 4457) to establish prior possession.
Nonimmigrant aliens face additional hurdles: federal law generally prohibits possession of firearms by aliens admitted under a nonimmigrant visa (18 U.S.C. § 922(g)(5)), subject to statutory exceptions such as possession by a person who holds a valid hunting license or permit issued by a state. Foreign visitors who intend to hunt or shoot in the United States commonly rely on those exceptions and must carry the relevant documentation.
Temporary importation for competition, hunting, or repair is possible but requires the appropriate ATF authorization in advance. Because import approvals, sporting-purposes classifications, and the treatment of specific models change over time, and because state law at the destination still governs possession and carry, prospective importers should verify current ATF requirements and the destination state's rules before shipping or traveling with a firearm. Diplomatic and law-enforcement channels have separate provisions that do not apply to ordinary civilians.
Hunting & sport shooting
Hunting and recreational shooting are longstanding and widely practiced in the United States, and the firearms used are the same ordinary rifles, shotguns, and handguns available to other lawful owners. Hunting itself is regulated almost entirely at the state level. Each state's fish-and-wildlife agency issues hunting licenses, sets seasons and bag limits, defines which firearms, calibers, and ammunition may be used for particular game, and designates where hunting is permitted. Requirements such as hunter-education certification, blaze-orange clothing, and species-specific weapon restrictions vary by state, so hunters must consult the regulations of the state — and often the specific management unit — where they will hunt.
Federal law contributes several overlays. Migratory-bird hunting is governed by federal regulations issued under the Migratory Bird Treaty Act, which, among other things, limit the ammunition capacity of shotguns used for migratory game birds and restrict the use of certain ammunition (for example, requiring nontoxic shot for waterfowl). The exact capacity restriction and ammunition rules are set by federal regulation and updated periodically, so hunters should confirm the current figures with the U.S. Fish and Wildlife Service before the season rather than relying on a remembered number. Hunting on federal land — national forests, national wildlife refuges, and Bureau of Land Management areas — is subject to the managing agency's rules layered on top of state law.
Sport and target shooting take place at private and public ranges across the country and, in many areas, on public land where discharge is permitted. There is no federal license required simply to practice sport shooting with ordinary firearms, though ranges and localities impose their own rules, and some states restrict shooting on public land or near dwellings.
A notable 2025 development affects the equipment used by hunters and sport shooters. Suppressors (also called silencers), short-barreled rifles, and short-barreled shotguns remain National Firearms Act items that must be registered with the ATF on a Form 1 or Form 4 with fingerprints and a photograph. However, under the reconciliation statute enacted in 2025 (P.L. 119-21), the previously required $200 making and transfer tax on suppressors, short-barreled rifles, short-barreled shotguns, and "any other weapons" was reduced to $0 effective January 1, 2026, while the $200 tax continues to apply to machine guns and destructive devices. Registration, background vetting, and the ATF form process are unchanged; only the tax stamp was eliminated for those categories. Suppressor use while hunting is separately permitted or restricted by each state, and where allowed it is used to reduce noise and recoil.
Because state hunting codes and federal migratory-bird rules change from season to season, the specific licenses, quotas, permitted firearms, and equipment restrictions should be verified with the relevant state agency and the U.S. Fish and Wildlife Service for the current year.
Penalties
Violations of federal firearms law are prosecuted principally under the Gun Control Act and the National Firearms Act, with penalties set out chiefly in 18 U.S.C. § 924 and, for tax and registration offenses, in the NFA provisions of the Internal Revenue Code. Because the specific term of imprisonment and fine turn on the exact offense, the category of weapon, and the defendant's record, this section describes the structure qualitatively rather than asserting a single numeric range for every offense; the precise penalty for any given charge should be read from the current statute and the applicable sentencing rules.
Possession of a firearm by a prohibited person under 18 U.S.C. § 922(g) — for example, a convicted felon, an unlawful drug user, or a person subject to a qualifying domestic-violence order — is a federal felony, punishable by imprisonment and fines that scale with the conduct and the offender's history; repeat and armed-career offenders face substantially enhanced mandatory terms under separate provisions. Trafficking firearms, dealing without the required Federal Firearms License, making false statements on the purchase form (for example, a "straw purchase" made on behalf of a prohibited person), and using or carrying a firearm during a crime of violence or a drug-trafficking offense are all separately charged federal felonies, several of which carry their own enhanced or consecutive sentences.
NFA offenses are treated seriously. Possessing, making, or transferring a machine gun, suppressor, short-barreled rifle, short-barreled shotgun, destructive device, or "any other weapon" that is not registered in the National Firearms Registration and Transfer Record — or transferring such an item without complying with the ATF form and, where still applicable, tax requirements — is a federal felony. Unlawful possession or transfer of a machine gun in violation of 18 U.S.C. § 922(o), the post-1986 freeze on the civilian machine-gun pool, is likewise a serious felony. The 2025 elimination of the $200 tax stamp for certain NFA items (effective January 1, 2026) did not decriminalize possession of unregistered items; the registration and paperwork requirements — and the criminal consequences of ignoring them — remain in force.
State law imposes its own, separate penalties, which can be more severe than the federal ones and can cover conduct that federal law does not reach — for example, carrying without a required state permit, possessing a firearm or magazine that a particular state prohibits, or violating a state storage or transport rule. A single act can expose a person to both state and federal charges. Federal sentencing is further shaped by the U.S. Sentencing Guidelines and by mandatory minimums for certain aggravated conduct. Given this complexity and the frequency of legislative change, anyone seeking to understand the consequences of a specific violation should consult the current text of the relevant federal and state statutes and qualified legal counsel; the ranges and enhancements are updated over time.
Sources
- ATF — National Firearms Act (26 U.S.C. Ch. 53) (accessed 2026-07-17)
- ATF — Gun Control Act (18 U.S.C. Ch. 44) (accessed 2026-07-17)
- U.S. Supreme Court — New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022), slip opinion (accessed 2026-07-17)
- U.S. Department of Justice — Fact Sheet: The Bipartisan Safer Communities Act (accessed 2026-07-17)
- Congressional Research Service — U.S. Gun Policy: Framework and Major Issues (IF11038) (accessed 2026-07-17)
- Legal Information Institute (Cornell Law) — 18 U.S.C. § 922 (prohibited persons, age limits, § 922(o) machine guns) (accessed 2026-07-17)
- Legal Information Institute (Cornell Law) — 26 U.S.C. § 5845 (NFA definitions and barrel lengths) (accessed 2026-07-17)