State Gun Control Laws

Second Amendment Rights and Constitutional Framework

Any discussion of state gun laws includes whether they infringe on citizens’ gun rights under the Second Amendment of the U.S. Constitution. In District of Columbia v. Heller (2008), the U.S. Supreme Court found that the Second Amendment provides an individual constitutional right to keep and bear arms for traditional purposes, such as self-defense in the home. The ruling impacted local and state efforts to enact gun control laws. The Court’s decision struck down a D.C. law that banned handgun ownership.

The Heller decision stated that an individual’s right to bear arms was not absolute. Under New York State Rifle & Pistol Association, Inc. v. Bruen (2022), the Supreme Court affirmed that this right is “not unlimited” and states may impose certain regulations. States may pass gun restrictions provided that it is not too difficult for a citizen to own a gun for lawful purposes, such as self-defense, and provided it is “consistent with the nation’s historical tradition of firearm regulation.”

Since Heller and Bruen, challenges to state and local laws have been ongoing. Courts continue to determine which specific regulations are constitutional under this framework. As a result, gun laws in the U.S. represent a patchwork of federal laws and state laws.

Federal Gun Laws

Federal firearms laws trace back to the National Firearms Act of 1934 (NFA) and the Federal Firearms Act of 1938 (FFA). These laws did several important things:

• Taxed the making and transfer of firearms
• Set up the first licensing scheme for dealers
• Prohibited certain types of weapons
• Outlawed firearm ownership by felons

Congress then created new regulations focusing on interstate commerce in firearms with the Gun Control Act of 1968 (GCA). Most purchases moved to federally licensed dealers. It banned the mail-order sale of rifles and shotguns. It also expanded categories of persons prohibited from owning firearms, including felons, drug users, and the mentally incompetent.

In 1993, the Brady Handgun Violence Act amended the GCA. It banned gun ownership for other persons, including:

• Those who received a dishonorable discharge from the military
• Fugitives from justice
• Those convicted of domestic violence
• Those under certain court-issued protection orders

The Brady Act also required federally licensed dealers to conduct background checks to verify whether a purchaser was in a prohibited category. It set up the National Instant Criminal Background Check System (NICS) to assist in this task.

In 1994, Congress passed the Violent Criminal Control and Law Enforcement Act, which expired in 2004. This law included a ban on 19 types of assault weapons. Since that time, Congress has failed to find a consensus to pass major new gun control measures.

One exception was the Bipartisan Safer Communities Act of 2022. This law added prohibitions on gun ownership for those convicted of domestic violence against a dating partner. It tightened language regarding which sellers must obtain a federal license. It provided enhanced background checks for purchasers who are under the age of 21. It also provided funding to states to assist with crisis intervention and red flag laws.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) oversees federal firearms licensing and regulation. Along with the FBI, the ATF provides key leadership in federal efforts to enforce gun laws and prevent gun violence. The ATF also investigates federal crimes involving firearms, arson, and bombings. The agency falls under the authority of the U.S. Department of Justice (DOJ).

Regulations on Specific Types of Firearms

Federal law regulates or prohibits certain categories of firearms based on their characteristics or capabilities:

Machine Guns and Automatic Weapons

A machine gun is defined as a firearm that automatically fires more than one shot with a single pull of the trigger. Unlike semi-automatic firearms, which require the shooter to pull the trigger separately for each shot, machine guns continue firing as long as the trigger is held down and ammunition remains in the weapon.

The National Firearms Act (NFA) of 1934 heavily regulates machine guns through registration and tax requirements. The Firearm Owners Protection Act of 1986 later banned the manufacture and civilian ownership of new machine guns.

Today, only machine guns manufactured and registered before May 19, 1986, can be legally transferred to civilians (with proper ATF approval). Unless you are a federal firearms licensee (FFL), you must file an application with the ATF before moving or transporting a machine gun.

Short-Barreled Rifles and Shotguns

The NFA also regulates short-barreled rifles (rifles with barrels less than 16 inches) and short-barreled shotguns (shotguns with barrels less than 18 inches). These weapons require registration, a $200 tax stamp, and ATF approval before transfer or possession.

Bump Stocks

In 2018, the ATF issued a rule classifying bump stocks as machine guns under federal law, effectively banning their possession. Bump stocks are devices that allow semi-automatic weapons to fire more rapidly by using the gun’s recoil.

However, in June 2024, the U.S. Supreme Court invalidated ATF’s bump‑stock rule in Garland v. Cargill. The Court held that bump stocks do not meet the statutory definition of machine guns, so the federal regulatory ban no longer applies.

Several states have enacted or retained specific bans on bump stocks and other rapid‑fire conversion devices, while others have no bump‑stock‑specific restrictions. Check your state’s gun laws page for more details.

Ghost Guns

“Ghost guns” are firearms without serial numbers, often assembled from kits or made with 3D printers. ATF refers to these devices as privately made firearms (PMFs).

In 2022, the ATF issued new regulations requiring that these firearm parts kits be treated as firearms, requiring serial numbers and background checks for purchase. These regulations have also faced legal challenges in federal courts.

Long Guns

Long guns (rifles and shotguns) generally face fewer federal restrictions than handguns. For example, federal law allows licensed dealers to sell long guns to individuals age 18 and older, while handgun purchases require buyers to be 21 or older. However, some states impose additional restrictions on long guns, particularly semi-automatic rifles.

Straw Purchasing Restrictions

A “straw purchase” occurs when someone buys a firearm on behalf of someone else who is prohibited from purchasing or possessing firearms. Federal law makes straw purchasing a crime under 18 U.S.C. § 922(a)(6), which prohibits making false statements on firearm purchase forms.

Many states have enacted their own straw purchasing laws with additional penalties. These state laws vary in their specific provisions. For example: 

• Some states impose enhanced criminal penalties beyond federal law.
• Several states create specific criminal offenses for straw purchasing.
• Some jurisdictions hold straw purchasers civilly liable if the gun is used in a crime.
• Many states require reporting of lost or stolen firearms to prevent false claims about straw-purchased weapons.

State prosecutors often pursue straw purchasing cases under state law even when federal charges could apply. If you’re accused of a straw purchase or illegally transferring a firearm, consult with a criminal defense attorney familiar with both federal and state firearms laws.

State Laws

States have often served as the testing ground for new laws. This holds true in balancing the rights of gun owners with the right to public safety. As far back as the 1800s, states enacted laws that addressed concealed weapons. In light of decades of political stalemate on gun policy at the federal level, states continue to experiment with their own gun control measures.

Gun control restrictions may include a waiting period, background checks, requiring a permit to purchase or own a firearm, a license for concealed carry, red-flag laws, and a ban on assault rifles. Red flag laws (extreme risk protection orders) allow courts to temporarily remove firearms from individuals deemed a danger to themselves or others.

In light of these differences, a gun owner who wants to carry their gun out of state needs to know what impact another state’s laws will have on their actions. In some states, different regulations may also be imposed within certain cities. State public safety websites often provide information on reciprocity between state gun laws.

U.S. Gun Control Laws: State-By-State Comparison

Gun laws vary significantly by state. Key differences include whether states choose to:

• Require permits to purchase firearms
• Conduct universal background checks (extending beyond licensed dealers to private sales)
• Allow open or concealed carry without permits
• Impose waiting periods
• Ban assault weapons or high-capacity magazines

The tables below outline each state’s approach to firearm purchase requirements, concealed and open carry laws, and assault weapon and magazine restrictions. You can also click on any state name to find detailed information about its gun control laws. If you have legal questions about gun ownership or face criminal charges related to firearms, consider consulting an attorney in your area.

State Firearm Purchase Requirements

State ​Concealed and Open Carry Laws

State Assault Weapon and Magazine Restrictions

Evolving State Firearm Regulations

Gun laws are among the most rapidly changing areas of state law. Federal courts are actively reviewing state gun regulations under the Bruen standard. Some laws listed here may be enjoined (blocked) by courts or recently enacted after our research date. Multiple states have pending legislation to expand or restrict gun rights. For example:

• In 2025, Colorado enacted SB25‑003, which, beginning August 1, 2026, requires a permit and firearms safety training to purchase certain specified semiautomatic firearms with detachable magazines and prohibits sales of rapid‑fire conversion devices like bump stocks and binary triggers.  
• South Dakota now allows concealed-carry permit holders to carry firearms on public college campuses and in bars and other places that serve alcohol.
• In January 2026, an appellate court struck down California’s open carry ban in urban areas but preserved a licensing scheme for open carry in rural areas.

Getting Legal Help

Navigating gun laws can be complex, especially when laws vary between states or when facing criminal charges. An experienced attorney can help you understand your rights and legal options.

If you’re facing criminal charges related to firearms:

Find a criminal defense attorney who can defend against weapons charges, straw purchasing allegations, or other gun-related offenses.

If you’re challenging gun restrictions or asserting your Second Amendment rights:

Connect with a civil rights attorney who handles constitutional law cases involving firearm rights.

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