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It's important to know current gun laws in order to have a productive discussion on gun control or gun reform. If any of these laws have changed or you think something is inaccurate, please leave a comment with details and sources so we can look into it and correct it/add right away!
The process for purchasing a firearm varies between states. This resource publishes regular updates to laws as they change.
Some facts and statistics on gun laws and sales:
Between 1998-2018, more than 1,497,700 federal background checks were denied.
53% were denied due to a felony conviction; 11.97% were denied for being a fugitive; 9.23% were denied for a domestic violence conviction; 8.94% were denied for drug use; 3.83% were denied for being under a restraining order; 3.24% were denied for being under indictment; and 2.21% were denied for mental health reasons.
OPEN CARRY BANS
As of 2018, seven states have banned open carry (including NY).
BACKGROUND CHECKS FOR PRIVATE SALES
As of 2018, eighteen states require background checks for private sales.
(CA, CO, CT, DE, DC, HI, IL, IA, MA, MI, MD, NJ, NE, NC, OR, PA, RI, WA) (PA & MD only for handguns).
BANS ON FIREARM REGISTRIES
Under Federal law, national gun registry is illegal but state registry is legal.
As of 2018, eight states have banned firearm registry (including Florida) while four states - CA, HA, MD, NY, plus DC) have official firearm registries.
PROCESSING PRIVATE SALES THROUGH A LICENSED DEALER
11 states plus the District of Columbia require all private sales to be processed through a licensed dealer. Some states, like Maryland and Pennsylvania, alternatively allow the sale to be processed through local police.
(CA, CO (CBI must approve transfer), CT, DE, DC, MD, NY, OR, PA, VT (unless sale is to a family member), & WA).
HOLDING GUN OWNERS RESPONSIBLE FOR CRIMES COMMITTED WITH THEIR WEAPONS
Many states have laws that hold gun owners responsible for crimes committed with their firearms when they failed to secure them or were negligent.
PERMITS, REGISTRATION, & PRIVATE SALES
Four states - IL, HI, NJ, and MA - require anyone purchasing a firearm from a private seller to obtain a permit after a background check.
Some states require permits to purchase a gun and ammunition. For example, Illinois residents are required to have a Firearm Owner's Identification (FOID) card to purchase a firearm or ammunition (unless they have a concealed carry license). This card is issued by state police after completing a Federal NICS background check. The applicant must also pass a check with the Department of Human Services to ensure they haven't been in a mental institution within five years, aren't intellectually disabled, and haven't failed a drug test within the last year. Persons 18-20 years of age must also have written permission from a parent or guardian to obtain the card.
In Illinois, private sellers are required to verify a person's FOID card.
In Massachusetts, private sellers are required to verify a person's Firearm Identification card.
In Connecticut, there's a 14-day waiting period to buy long guns; sales and serial numbers are recorded in a registry.
In the District of Columbia, all firearms must be registered with the Metropolitan police.
In Maryland, handguns must be registered with local police. All sales must go through a licensed dealer or police.
In Michigan, all firearms must be registered with local police and a permit is required. For private sales, a purchase license is required.
In Nebraska, a permit is required for a private sale.
In New Jersey, purchasing handguns, ammunition, rifles, and shotguns require a special ID card and handguns require a permit.
In New York, it's illegal to possess an unregistered handgun and open carry is illegal.
North Carolina requires a permit to purchase a firearm including through a private sale.
North Dakota requires a permit to purchase a firearm including through a private sale.
Rhode Island requires passing a safety exam before purchasing a firearm.
Washington firearms dealers are required to report all handgun sales to police.
MAGAZINE CAPACITY RESTRICTIONS:
In DC, CT, MD, MA, NY, & HI, magazines are limited to 10 rounds.
In Colorado, magazines are limited to 15 rounds.
In New Jersey, semi-automatic rifles are limited to 10 rounds; semi-automatic shotguns are limited to 6 rounds.
In Vermont, long guns are limited to 10 rounds; handguns are limited to 15 rounds.
The process for purchasing a firearm varies between states. This resource publishes regular updates to laws as they change.
Some facts and statistics on gun laws and sales:
Between 1998-2018, more than 1,497,700 federal background checks were denied.
53% were denied due to a felony conviction; 11.97% were denied for being a fugitive; 9.23% were denied for a domestic violence conviction; 8.94% were denied for drug use; 3.83% were denied for being under a restraining order; 3.24% were denied for being under indictment; and 2.21% were denied for mental health reasons.
OPEN CARRY BANS
As of 2018, seven states have banned open carry (including NY).
BACKGROUND CHECKS FOR PRIVATE SALES
As of 2018, eighteen states require background checks for private sales.
(CA, CO, CT, DE, DC, HI, IL, IA, MA, MI, MD, NJ, NE, NC, OR, PA, RI, WA) (PA & MD only for handguns).
BANS ON FIREARM REGISTRIES
Under Federal law, national gun registry is illegal but state registry is legal.
As of 2018, eight states have banned firearm registry (including Florida) while four states - CA, HA, MD, NY, plus DC) have official firearm registries.
PROCESSING PRIVATE SALES THROUGH A LICENSED DEALER
11 states plus the District of Columbia require all private sales to be processed through a licensed dealer. Some states, like Maryland and Pennsylvania, alternatively allow the sale to be processed through local police.
(CA, CO (CBI must approve transfer), CT, DE, DC, MD, NY, OR, PA, VT (unless sale is to a family member), & WA).
HOLDING GUN OWNERS RESPONSIBLE FOR CRIMES COMMITTED WITH THEIR WEAPONS
Many states have laws that hold gun owners responsible for crimes committed with their firearms when they failed to secure them or were negligent.
PERMITS, REGISTRATION, & PRIVATE SALES
Four states - IL, HI, NJ, and MA - require anyone purchasing a firearm from a private seller to obtain a permit after a background check.
Some states require permits to purchase a gun and ammunition. For example, Illinois residents are required to have a Firearm Owner's Identification (FOID) card to purchase a firearm or ammunition (unless they have a concealed carry license). This card is issued by state police after completing a Federal NICS background check. The applicant must also pass a check with the Department of Human Services to ensure they haven't been in a mental institution within five years, aren't intellectually disabled, and haven't failed a drug test within the last year. Persons 18-20 years of age must also have written permission from a parent or guardian to obtain the card.
In Illinois, private sellers are required to verify a person's FOID card.
In Massachusetts, private sellers are required to verify a person's Firearm Identification card.
In Connecticut, there's a 14-day waiting period to buy long guns; sales and serial numbers are recorded in a registry.
In the District of Columbia, all firearms must be registered with the Metropolitan police.
In Maryland, handguns must be registered with local police. All sales must go through a licensed dealer or police.
In Michigan, all firearms must be registered with local police and a permit is required. For private sales, a purchase license is required.
In Nebraska, a permit is required for a private sale.
In New Jersey, purchasing handguns, ammunition, rifles, and shotguns require a special ID card and handguns require a permit.
In New York, it's illegal to possess an unregistered handgun and open carry is illegal.
North Carolina requires a permit to purchase a firearm including through a private sale.
North Dakota requires a permit to purchase a firearm including through a private sale.
Rhode Island requires passing a safety exam before purchasing a firearm.
Washington firearms dealers are required to report all handgun sales to police.
MAGAZINE CAPACITY RESTRICTIONS:
In DC, CT, MD, MA, NY, & HI, magazines are limited to 10 rounds.
In Colorado, magazines are limited to 15 rounds.
In New Jersey, semi-automatic rifles are limited to 10 rounds; semi-automatic shotguns are limited to 6 rounds.
In Vermont, long guns are limited to 10 rounds; handguns are limited to 15 rounds.
