Federal Gun Laws

FOPA (18 U.S.C. § 926A) provides safe passage for interstate transport. It preempts state and local laws but only during continuous transport with reasonable stops. The firearm must be unloaded and not readily accessible. FOPA does not protect you if you stop overnight, attend to business, or make extended stops in a restrictive jurisdiction.

Federal law does not restrict open carry. It is entirely governed by state law. Open carry is legal in most states without a permit, though some states prohibit it or require a license. Federal property restrictions (§ 930) and school zone restrictions (§ 922(q)) still apply.

You may fly with firearms in checked luggage only. Requirements: declare the firearm at check-in; firearm must be unloaded; firearm must be in a hard-sided, locked container (only you have the key/combination); ammunition may be in the same locked case or separately in manufacturer's packaging. Firearms are prohibited in carry-on luggage. Violations carry civil penalties up to $15,000 and potential criminal charges.

No federal concealed carry system. Carry is governed by state law. SCOTUS held in Bruen (2022) that states cannot require 'proper cause' for CCW permits -- citizens have a right to carry outside the home. States may still use objective criteria (age, training, background check) for permit issuance. As of 2026, 29 states have constitutional carry (no permit required); remaining states are shall-issue or may-issue within Bruen constraints.

There is no federal concealed carry permit. Permits are issued exclusively by states under their own laws. A proposed federal reciprocity bill (H.R. 38, Constitutional Concealed Carry Reciprocity Act of 2025) has been introduced but not enacted. Active/retired law enforcement may carry under LEOSA (18 U.S.C. §§ 926B-926C) regardless of state laws.

The federal Gun-Free School Zones Act (18 U.S.C. § 922(q)) applies to K-12 schools. College campuses are governed by state law and individual institution policies. Some states mandate campus carry; others prohibit it. Federal funding for schools does not require or prohibit campus carry.

Prohibits firearm possession within 1,000 feet of a K-12 school (the 'school zone'). Exemptions: on private property not part of school grounds; if licensed by the state where the school is located (a state CCW permit from the state where the school is); unloaded and locked in a container; part of a school-approved program; law enforcement. CRITICAL: Constitutional carry (permitless carry) does NOT exempt you from this federal law -- only a physical state-issued permit does.

Federal law does not prohibit keeping a loaded firearm in your vehicle, subject to state law, school zone restrictions (922(q)), and federal property restrictions (§ 930). FOPA safe passage (§ 926A) requires firearms to be unloaded and locked when transporting through restrictive jurisdictions.

Firearms are allowed on National Park Service lands consistent with the law of the state where the park is located (54 U.S.C. § 104906). However, firearms are prohibited in NPS buildings (visitor centers, ranger stations, fee booths) under 18 U.S.C. § 930 because they are federal facilities. This also applies to Army Corps of Engineers lands, National Wildlife Refuges, and Bureau of Land Management areas.

Firearms are prohibited in federal buildings (18 U.S.C. § 930), school zones without a state permit (18 U.S.C. § 922(q)), post offices (39 CFR § 232.1), VA facilities, military installations without authorization, past airport security checkpoints, and other federal property. National parks generally allow carry under state law (54 U.S.C. § 104906), but NPS buildings within parks are federal facilities where carry is prohibited.

FOPA safe passage (18 U.S.C. § 926A) protects interstate transport of legally owned firearms. Requirements: firearm must be unloaded; neither firearm nor ammunition may be readily accessible from the passenger compartment; if no separate trunk, must be in a locked container other than glove compartment or console. FOPA only protects transport -- not extended stops. New York and New Jersey are known for aggressive prosecution despite FOPA protections.

Legal under federal law, regulated by the NFA. SBRs have barrels under 16 inches; SBSs have barrels under 18 inches. As of January 1, 2026, the NFA tax is $0 (was $200). Registration and background check still required. Separately, pistol braces do NOT make a pistol into an SBR -- the ATF's 2023 pistol brace rule was permanently vacated after the Trump DOJ dropped its appeal in Mock v. Bondi (July 2025).

Building a firearm for personal use remains legal without an FFL. However, the ATF's 2022 Frame or Receiver Rule (2022R-17F), upheld 7-2 by SCOTUS in Bondi v. VanDerStok (March 26, 2025), requires that commercially sold frames, receivers, and weapons parts kits be serialized and transferred through FFLs with background checks. A personally manufactured firearm that you intend to sell must be serialized and the sale conducted through an FFL.

Legal under federal law in 42 states. Regulated by the NFA. As of January 1, 2026, the NFA tax is $0 (down from $200) per the One Big Beautiful Bill Act. Registration (ATF Form 4 for transfers, Form 1 for manufacture), FBI/NICS background check, fingerprints, and passport photo are still required. Wait times vary but typically 3-12 months for ATF approval.

All commercially manufactured firearms must be serialized by the manufacturer or importer. The 2022 Frame/Receiver Rule extended this to cover weapons parts kits and unfinished receivers sold commercially. Personally manufactured firearms for personal use are not required to be serialized unless they will be sold or transferred.

No federal microstamping requirement. Only California currently mandates microstamping on new semi-automatic handguns.

Suppressors are legal under federal law but regulated by the NFA. As of January 1, 2026, the $200 tax has been reduced to $0 per the One Big Beautiful Bill Act (P.L. 119-21). ATF Form 4 registration, background check, fingerprints, and photos are still required. Flash hiders and muzzle brakes are not NFA items and require no registration. Eight states ban suppressors entirely (CA, DE, HI, IL, MA, NJ, NY, RI).

No current federal assault weapon ban. The 1994 Federal Assault Weapons Ban (Public Safety and Recreational Firearms Use Protection Act, part of the Violent Crime Control and Law Enforcement Act of 1994) expired on September 13, 2004, and has not been renewed. Semi-automatic rifles, including AR-15 style rifles, are legal under federal law.

No federal limit on magazine capacity. The 1994 ban on magazines exceeding 10 rounds expired in 2004. Many states impose their own limits (typically 10 or 15 rounds).

N/A -- no federal assault weapon ban exists. Compliance methods are only relevant in states with their own bans (CA, NY, NJ, CT, MA, etc.).

No federal registration for standard firearms. Federal law explicitly prohibits creation of a national firearms registry (18 U.S.C. § 926(a)). The only federal registration is for NFA items (machine guns, suppressors, SBRs, SBSs, AOWs, destructive devices) in the National Firearms Registration and Transfer Record (NFRTR). FFLs maintain bound books (Form 4473 records) but these are not a registry -- they are only accessed during trace requests.

No federal law requires individual gun owners to store firearms in a particular manner. Federal law requires FFLs to provide a secure gun storage or safety device (lock) with every handgun sold (18 U.S.C. § 922(z)), but there is no mandate that buyers use them. Some states impose their own storage requirements.

No federal red flag/ERPO law exists. The BSCA (2022) provides $750 million in flexible grant funding through the Byrne JAG Program for crisis intervention programs, which states may use for red flag programs, drug courts, mental health courts, or veterans' courts. The BSCA does not require or incentivize any state to adopt red flag laws. Currently 21 states and DC have their own red flag/ERPO laws.

No federal registration required when moving between states. FOPA (18 U.S.C. § 926A) protects interstate transport of legally possessed firearms. However, you must ensure your firearms are legal in your new state. Some states require registration upon establishing residency (e.g., Hawaii). NFA items require ATF notification before interstate transport (ATF Form 5320.20).

FFLs must report theft/loss within 48 hours. Individual gun owners have no federal reporting requirement, though it is strongly recommended. Some states require individual reporting of stolen/lost firearms.

Intrastate (same-state) private transfers do not require an FFL or background check under federal law. Interstate private transfers must go through an FFL in the buyer's state. It is a federal crime to transfer a firearm knowing or having reasonable cause to believe the buyer is a prohibited person. The BSCA clarified that repetitive sellers must obtain an FFL.

Federal law does not prohibit intrastate lending of firearms, including to family members, provided the borrower is not a prohibited person. Interstate loans must comply with the same rules as transfers. Some states restrict or require dealer involvement for any transfer including loans.

No federal requirement for firearms liability insurance.

Federal law prohibits transferring handguns or handgun ammunition to persons under 18 (18 U.S.C. § 922(x)). Exceptions exist for temporary transfers for ranching, farming, target practice, hunting with written parental consent, and certain employment situations. There is no general federal safe storage or child access prevention storage mandate.

Federal law prohibits firearm possession by unlawful users of controlled substances, including marijuana, which remains Schedule I under the Controlled Substances Act regardless of state legalization. This applies even in states where recreational or medical marijuana is legal. The constitutionality of this prohibition is currently before SCOTUS in United States v. Hemani (No. 24-1234), with oral arguments on March 2, 2026. The Fifth Circuit struck down 922(g)(3) as applied to marijuana users in both Daniels (2023, reaffirmed Jan 2025) and Hemani. A decision is expected by June 2026.

Illegal aliens are categorically prohibited. Non-immigrant visa holders are also prohibited unless they fall under an exception: valid hunting license, official representative of a foreign government, foreign law enforcement in the US on official business, or a waiver from the Attorney General. Lawful permanent residents (green card holders) may possess firearms.

Federal law does not require background checks for private (non-FFL) sales between residents of the same state. The NICS requirement applies only to transactions involving FFLs. However, it remains a federal crime to knowingly sell to a prohibited person. Individual states may impose their own universal background check requirements. The BSCA clarified that persons who 'repetitively' sell firearms for profit must obtain an FFL.

Straw purchases are illegal under 18 U.S.C. § 922(a)(6) (false statements on Form 4473). SCOTUS confirmed in Abramski v. United States (2014) that buying a gun for someone else violates this provision even if the true buyer is legally eligible. The BSCA (2022) created a standalone straw purchasing crime at 18 U.S.C. § 932 with penalties up to 15 years (25 years if connected to terrorism, drug trafficking, or other specified crimes). A separate trafficking statute (§ 933) was also created.

Federal law prohibits firearm possession by those convicted of misdemeanor domestic violence (922(g)(9)) and those subject to qualifying domestic violence restraining orders (922(g)(8)). The BSCA expanded (g)(9) to cover 'dating relationships' (not just spouses/cohabitants). First-time dating-relationship offenders face only a 5-year prohibition. SCOTUS upheld 922(g)(8) in United States v. Rahimi (2024) 8-1.

The National Instant Criminal Background Check System (NICS), operated by the FBI, is required for all sales through FFLs. The buyer completes ATF Form 4473, and the FFL contacts NICS. Three outcomes: Proceed, Denied, or Delayed. If NICS cannot make a determination within 3 business days, the FFL may proceed with the sale (the 'default proceed' or 'Charleston loophole'). For buyers aged 18-20, the BSCA requires enhanced checks searching juvenile records with up to 10 additional business days (13 total) for investigation.

Federal law also prohibits persons under felony indictment from receiving (but not possessing) firearms under 18 U.S.C. § 922(n). The BSCA added enhanced background checks for buyers under 21 and expanded the domestic violence misdemeanor prohibition to cover dating relationships (with a 5-year sunset for first offenders). The BSCA also created new federal crimes for firearms trafficking (§ 932) and straw purchasing (§ 933) with penalties up to 15 years (25 years if connected to terrorism or drug trafficking).

Nine categories are prohibited: felons (922(g)(1)), fugitives (g)(2), unlawful drug users (g)(3), those adjudicated mentally defective (g)(4), illegal aliens (g)(5), dishonorably discharged veterans (g)(6), those who renounced citizenship (g)(7), those under domestic violence restraining orders (g)(8), and those convicted of misdemeanor domestic violence (g)(9). The BSCA (2022) expanded (g)(9) to cover dating relationships with a 5-year sunset for first offenders. SCOTUS upheld (g)(8) in Rahimi (2024). The constitutionality of (g)(1) as applied to non-violent felons is contested (circuit split), and (g)(3) is before SCOTUS in Hemani (March 2026 oral argument).

18 to purchase a long gun (rifle/shotgun) from an FFL; 21 to purchase a handgun from an FFL. Private transfers: 18 for long guns, 18 for handguns under federal law (states may impose higher ages). Enhanced BSCA background checks apply to all buyers under 21. Under 18: possession of handguns is generally prohibited (18 U.S.C. § 922(x)) with exceptions for ranching, farming, target practice, and hunting with written parental consent.

No federal waiting period. The Brady Act's original 5-day waiting period expired November 30, 1998, when NICS became operational. However, BSCA enhanced checks for under-21 buyers can effectively delay purchases up to 13 business days. Individual states may impose their own waiting periods.

None at the federal level. Some states (CA, MA, MD) maintain their own rosters.

No federal purchase permit required. Some states require permits; check your state law.

Legal. Firearms purchased online from a dealer in another state must be shipped to an FFL in the buyer's state of residence for the transfer, background check, and Form 4473 completion. Ammunition can be shipped directly to consumers in most states.

No federal limit on the number of firearms you can purchase. However, if you buy 2 or more handguns from the same dealer within 5 business days, the FFL must report the multiple sale to the ATF and local law enforcement. Some states impose their own one-gun-per-month limits.

No federal limit on ammunition quantity or type for standard ammunition. Federal law prohibits the manufacture and import of armor-piercing handgun ammunition (18 U.S.C. § 922(a)(7)-(8)) but does not restrict its possession or sale if already manufactured. No federal requirement for ammo background checks.

Long guns (rifles/shotguns) may be purchased in person at an FFL in any state, provided the sale complies with the laws of both states. Handguns must be shipped to an FFL in the buyer's state of residence for transfer. Private interstate transfers must go through an FFL.

No federal background check for ammunition purchases. FFLs may not sell ammo to persons they know or have reasonable cause to believe are prohibited. Some states (CA, IL, NJ, NY) require their own ammo background checks.

The United States (Federal) does not have a specific statutory castle doctrine law that creates a presumption of reasonable fear or removes a duty to retreat for private citizens.

Federal law, including common law principles applied in federal courts, does not impose an absolute duty to retreat before using deadly force, though the availability of a safe retreat may be a factor in assessing the reasonableness of force.

The United States (Federal) does not have a specific statutory or case law-established 'stand your ground' doctrine for private citizens, allowing the use of force without a duty to retreat in public places.