Gun Laws and Regulations: A Legal Overview

As interpreted by the U.S. Supreme Court, the Second Amendment to the U.S. Constitution protects the individual right to possess firearms. At the same time, the Court has found that the Second Amendment is not absolute and can be subject to reasonable firearm regulations, though the legal standards for evaluating what is reasonable in gun regulations have changed over time.

State and federal laws regulate the sale, transfer, and ownership of firearms. Gun laws can also regulate where and how you can carry a firearm. Understand state and federal gun laws and regulations to be a responsible gun owner.

If you have questions about your local gun laws or unfair restrictions, talk to a civil rights attorney for legal advice.

Understanding the Second Amendment

The Second Amendment to the U.S. Constitution states, “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.”

Scholars, politicians, and judges have debated the meaning of this text for generations. Constitutional scholars have different views on the Second Amendment based on its language, punctuation, syntax, and historical background. Both gun and gun rights advocates continue to challenge state and federal laws involving firearms and gun ownership.

Landmark Supreme Court Second Amendment Cases

Until 2008, the U.S. Supreme Court did not indicate whether the right to bear arms as stated in the Second Amendment was an individual right or a right of the people collectively. That changed with District of Columbia v. Heller (2008), where the Court ruled that the Second Amendment guarantees an individual’s right to keep a firearm for self-defense.

Another landmark case, New York State Rifle & Pistol Association, Inc. v. Bruen, came out in 2022. The issue in Bruen was the process of issuing concealed carry weapon (CCW) permits. States were divided on issuing CCW permits based on a “shall issue” or “may issue” basis. “May issue” jurisdictions only issued CCW permits if the applicant demonstrated “proper cause” for needing a concealed weapon.

In Bruen, gun owners filed a lawsuit against New York, a “may issue” state, for violating their Second Amendment rights. The U.S. Supreme Court ruled that “may-issue” licensing was unconstitutional. States had to change their laws to “shall-issue” permits. The Court introduced a new standard for evaluating the constitutionality of firearm regulations. To be constitutional, firearm laws must be consistent with the nation’s historical tradition of firearm regulation.

Key Federal Gun Laws and Regulations

Federal gun laws regulate the manufacturing, transferring, and registration of certain firearms. Penalties for violating federal gun laws include federal prison time, fines, gun forfeiture, and prohibitions on future gun ownership. Some of the primary federal laws regulating firearms include:

• National Firearms Act (NFA) of 1934
• Gun Control Act (GCA) of 1968
• Brady Handgun Violence Prevention Act of 1993
• NICS Improvement Act of 2008
• Bipartisan Safer Communities Act of 2022

Some gun laws have expired and are no longer in effect. The Federal Assault Weapons Ban passed in 1994 but expired in 2004. Legislation to renew assault weapons and high-capacity magazine bans is still pending.

Regulated NFA Firearms

There are several categories of regulated firearms, pistols, and long guns, including:

• Machine guns
• Short-barreled rifles
• Short-barreled shotguns
• Suppressors (silencers)
• Destructive devices

Background Checks

Under federal law, licensed dealers must conduct background checks before making a firearm sale.

FFL holders use the National Instant Criminal Background Check System (NICS) for background checks. The background check reviews the buyer’s criminal record and eligibility for possession of firearms. Most states use the FBI for background checks but other states perform their own checks.

Background checks primarily focus on criminal records. There are several categories for people prohibited from buying or receiving firearms, including:

• Felons or those under a felony indictment
• Drug crime offenders
• Fugitives
• People deemed mentally incapacitated
• Undocumented noncitizens
• Servicemembers who were dishonorably discharged from the armed forces
• People subject to a protective order for domestic violence, stalking, or child abuse

NICS notifies prospective buyers if their application is denied and the reason for denial. If someone has their background check denied, they can file an appeal.

Sale and Transfer of Firearms

Commercial sellers need a federal firearms license (FFL) and have strict recordkeeping requirements. However, private gun sales between individuals living in the same state are exempt.

This broad exemption refers to the gun show loophole, where private individuals can sell guns at a gun show without background checks.

Firearm Purchase Waiting Periods

There is no mandatory waiting period to buy a gun under federal law. However, a number of states have mandatory waiting periods for purchasing some types of firearms. For example, California has a 10-day waiting period on all firearms purchases. Other states only have waiting periods for handguns or assault weapons.

The Role of the ATF in Gun Law Enforcement

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the federal government agency responsible for enforcing federal gun laws. The ATF is an agency under the U.S. Department of Justice (DOJ).

ATF agents work with local, state, and federal law enforcement to investigate violations of federal firearm laws.

State Variations in Gun Laws

Gun manufacture and interstate sales fall under federal gun laws, but many gun regulations depend on state law. Different states regulate gun possession and ownership very differently. To understand gun laws and regulations in your state, talk to a local civil and gun rights attorney for legal advice.

About half of states and the District of Columbia require background checks for most gun sales, including sales between private individuals. Many states also require gun sales to go through a firearms dealer to transfer ownership. Several states also conduct their own background checks.

Even though felons cannot get a gun under federal law, many states restore gun ownership rights to felons who meet certain conditions.

Among the broadest variants in state gun laws involves concealed firearm laws. About half of states allow gun owners to carry a firearm openly or concealed without a permit. Other states require a permit to openly carry a firearm. There are also reciprocity laws between some states, allowing concealed firearms with another state’s license.

Restrictions on Firearms Near Schools and Other Areas

Even in states with open-carry laws, there are some locations where gun owners cannot bring a firearm for public safety. Under the federal Gun-Free School Zones Act, unlicensed people cannot carry a weapon within 1,000 feet of a school zone. There are similar restrictions for government facilities and military bases.

Some states also limit carrying weapons in hospitals, amusement parks, or sporting events. Private property owners can prohibit carrying firearms on their property.

Knowing Your Responsibilities and Rights as a Gun Owner

Your rights and responsibilities as a gun owner depend on the state where you live, and new laws can change gun owner rights. Responsible gun owners understand gun safety rules and securely store firearms. You should understand your local, state, and federal gun laws, including what you need for gun purchase, using, carrying, or selling a gun. Talk to a civil rights lawyer if you have questions about protecting your Second Amendment rights.