Gun Laws in the United States
There are many, many gun laws in the United States. The fact that there are both national and local ones only contributes to that. Federal laws have national reach, so they apply to all states. Local ones like state laws only apply to their specific jurisdictions, on the other hand.
Because of this, there can be a lot of variation across states’ policies on certain gun topics. The federal laws supersede the local ones, however, so these are worth discussing first.
2A or The Second Amendment
The Second Amendment of the US Constitution protects citizens’ right to keep and bear arms. It draws influence from England’s 1689 Bill of Rights and was ratified on December 15, 1791.
Probably the most popular version of it states this:
A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.
Because this is in the Constitution, it’s considered part of the supreme law of the land.
NFA or National Firearms Act of 1934
The NFA was enacted on June 26, 1934. Many believe it was brought about by the gang crime during the period and President Franklin Roosevelt’s attempted assassination.
The original version of the act regulated certain weapons and required them to be registered and taxed. The regulated weapons have changed over time.
Today, these are called Title II weapons or NFA weapons:
- Machine guns
- Short-barreled rifles or SBRs
- Short-barreled shotguns or SBSs
- Suppressors or silencers, excluding non-portable devices like sound traps
- Destructive devices, including non-shotguns with a bore over 0.50 inch and recognized as suitable for sporting use
This makes ownership of these devices more challenging. For example, it requires private owners buying one to first get approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Omnibus Crime Control and Safe Streets Act of 1968
From June 19, 1968, this act prohibited interstate trade in handguns. It also raised the minimum age for handgun purchases to 21.
The act has been challenged several times before by district judges regarding its constitutionality. However, the age minimum holds for now.
GCA or Gun Control Act of 1968
The GCA took effect on October 22, 1968 and was likely an outcome of President John F. Kennedy’s assassination. It added more provisions on interstate sales and gun ownership.
For example, the act specifies that certain people can’t possess guns in the US:
- Anyone convicted of or under indictment in court for a crime punishable by an imprisonment term exceeding one year
- Anyone discharged from the Armed Forces under dishonorable conditions
- A convict in court of a misdemeanor crime of domestic violence
- A former US citizen who has renounced his or her citizenship
- Anyone subject to certain court orders, like restraining orders
- An unlawful user of or addict to controlled substances
- Anyone adjudicated a mental defective
- Anyone committed to a mental institution
- A fugitive from justice
- An illegal alien
The GCA also repealed an earlier law, the Federal Firearms Act of 1938. It then reenacted most of that earlier act’s provisions, like requiring licensing of gun dealers.
This is why firearm dealers are federally licensed and called FFLs (federal firearms licensees) today.
Gun-Free School Zones Act
The GFSZA was signed into law by President George H.W. Bush and took effect on November 29, 1990.
It prohibits unauthorized people from knowingly having loaded or unsecured guns in places they know to be school zones. The prohibition extends to public property within 1,000 feet of schools.
The act makes exemptions for individuals, who may be licensed by states for the exemption.
The Brady Handgun Violence Prevention Act
Also called the Brady Act, this law amended the GCA to add further restrictions on convicts trying to acquire firearms. Among other things, it adds the requirement for licensed dealers to run a background check on buyers.
The act was named after James Brady, President Ronald Reagan’s press secretary. He was one of the casualties at John Hinckley Jr.’s assassination attempt on Reagan.
Protection of Lawful Commerce in Arms Act
The PLCAA is a 2005 law that protects gun manufacturers and dealers from liability when crimes are committed with their products.
This protection holds as long as the manufacturer or dealer:
- Had no reason to believe their product was intended for criminal usage.
- Did not provide defective products.
- Did not commit breach of contract.
- Did not commit criminal misconduct.
- Did not take any action for which they should be directly responsible.
State Gun Laws
Again, all states have to follow the federal gun laws. However, they can have their own regulations to add to those.
Note that we say “add.” This is because federal law has to be the baseline. State laws are never allowed to be less restrictive than federal ones.
So, for example, if the federal law says the minimum age to own a handgun is 21 and a state says the minimum age to own any gun is 18, the federal law applies.
In any case, we have individual pages for each state’s set of gun laws. You can find the ones you need below.
Note that we’ve also provided dedicated pages for each state’s approach to two of the most asked-about topics. These are the buyer background check and the firearm documentation requirements.
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