Federal law

Federal law bars the following people from shipping, transporting, receiving or possessing firearms or ammunition (18 U.S.C. 922(g)):

• people convicted of a crime punishable by more than one year;
• fugitives;
• unlawful users of, or people addicted to, controlled substances;
• people a court has found mentally incompetent ('adjudicated mentally defective,' in the law's words) or who were committed to a mental institution;
• most people unlawfully in the U.S. and most nonimmigrant-visa holders;
• people dishonorably discharged;
• people who renounced U.S. citizenship;
• people subject to certain domestic-violence restraining orders;
• people convicted of a misdemeanor crime of domestic violence.

A person under felony indictment (formally charged with a felony but not yet tried) may not ship, transport or receive firearms (922(n)). It's also a crime to sell or give a firearm to anyone you know, or have reasonable cause to believe, is prohibited (922(d)). Marijuana is still a federal controlled substance, so people who use it legally under state law are still covered by 922(g)(3), subject to the Hemani limits below.

Recent court decisions:

• United States v. Rahimi (2024) upheld the domestic-violence-restraining-order ban.
• United States v. Hemani (decided June 18, 2026, 9-0) held that prosecuting someone under 922(g)(3) based solely on regular marijuana use, without more, violated the Second Amendment as applied. The ruling is narrow; the statute itself remains in force.
• On Oct. 5, 2026, the Supreme Court denied DOJ's petition in United States v. Hembree. That leaves in place a Fifth Circuit ruling (covering TX, LA and MS) that 922(g)(1) can't be applied to some people with nonviolent felony convictions. In general, the felon ban still applies nationwide.
• On Oct. 13, 2026, the full Third Circuit (covering PA, NJ, DE and the U.S. Virgin Islands) decided two 922(g)(1) cases. In United States v. Bost it upheld the ban for a man convicted of terroristic threats; in Williams v. Attorney General it held the lifetime ban couldn't be applied to a man whose disqualifying conviction was a repeat DUI. As in the Fifth Circuit, this opens the door to as-applied challenges by some people with nonviolent records; it doesn't erase the ban.

Restoring rights: DOJ revived the 18 U.S.C. 925(c) rights-restoration program by final rule (announced Aug. 17, 2026). Applications opened to invited candidates on Sept. 25, 2026. DOJ says public applications are scheduled to open Nov. 4, 2026 (for the first 5,000 applicants) and Jan. 4, 2027, when a fee begins. Relief is decided person by person; it isn't automatic.

Licensed dealers (FFLs) may not sell or deliver a handgun or handgun ammunition to anyone under 21, or a rifle or shotgun (or its ammunition) to anyone under 18 (18 U.S.C. 922(b)(1)).

Federal law generally bars people under 18 from possessing handguns or handgun ammunition, with exceptions such as ranch work, target practice and hunting with parental consent (922(x)). Federal law sets no minimum age for long-gun possession.

Unlicensed private sellers are not bound by 922(b)(1), but 922(x) and state law still apply.

Buyers under 21 get an enhanced NICS check, which can delay a transfer by up to 10 business days (922(t)(1)(C), added in 2022).

In the courts:

• In Reese v. ATF (Jan. 30, 2025) the Fifth Circuit held the 18-20 handgun-sale ban unconstitutional. The district court's judgment (Oct. 7, 2025) limits relief to the named plaintiffs and verified members of the plaintiff groups.
• On June 30, 2026 the Supreme Court denied review in several 18-20 cases, including McCoy v. ATF, where the Fourth Circuit had upheld the federal rule.

DOJ's position changed: on Sept. 17, 2026, DOJ's Office of Legal Counsel concluded that 922(b)(1) and (c)(1) are unconstitutional as applied to law-abiding adults ages 18 to 20 who want to buy handguns, and DOJ announced it won't seek criminal penalties against dealers who sell handguns to them. That's an enforcement policy, not a repeal: the statute is still on the books, state age limits still apply, and many dealers may keep a 21-and-over policy for handguns.

When an FFL (a federally licensed dealer) sells or transfers a firearm to someone without a license, the buyer fills out ATF Form 4473 and shows a government photo ID (27 CFR 478.124). The dealer then runs a NICS background check through the FBI, or through a state 'point of contact' agency in some states (18 U.S.C. 922(t)).

If NICS hasn't responded with a denial within 3 business days, federal law lets the dealer go ahead with the sale. This 'default proceed' rule doesn't apply to the enhanced check for buyers under 21. Many states add their own longer waits or permit requirements.

In some states, a qualifying state permit can stand in for the NICS check. ATF keeps the list of these 'Brady alternate permits'.

Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands are treated as 'States' for these rules (see the Territories section).

ATF proposed revising Form 4473 on May 8, 2026 (RIN 1140-AA82; comments closed Aug. 6, 2026). The proposal would simplify ID and residence checks, double the time a dealer has to complete a sale after a NICS check, and allow electronic forms. As of Oct. 17, 2026, no final rule has been published in the Federal Register, so dealers keep using the current OMB-approved edition.

Buying a firearm across state lines:

• A buyer without a federal license may not receive a firearm bought in another state except through an FFL in their own home state (18 U.S.C. 922(a)(3), (a)(5), (b)(3)). For an online sale, the seller ships to a dealer in the buyer's home state, who handles the Form 4473 and the NICS check.
• Handguns: an FFL may sell handguns only to residents of its own state, so a handgun bought out of state has to be shipped to a dealer in your home state.
• Long guns: an FFL may sell a rifle or shotgun in person, over the counter, to a resident of another state if the sale is legal in both states (922(b)(3)).

Ammunition:

• Federal law requires no license to sell ammunition and generally allows shipping it to adults who aren't prohibited, subject to the age rules above and the armor-piercing rules below.
• Many states restrict ammunition shipping (for example CA, NY, IL, MA, NJ, CT and DC; see each state's page).

USPS (Publication 52):

• Handguns can't be mailed except between licensees and certain officials (18 U.S.C. 1715; Pub. 52 sec. 432.2).
• Unloaded rifles and shotguns can be mailed, with conditions (sec. 432.3). Licensed dealers can mail them to each other without restriction. Someone without a license may mail one within their own state, to themselves in care of someone in another state, or to a licensed dealer in any state. Tracking and a signature are required.
• Small-arms ammunition, primers and propellant powder can't be mailed at all (Pub. 52 sec. 341; USPS prohibited-items list).

UPS:

• UPS ships firearms only under a contract with licensed importers, manufacturers, dealers or collectors. An adult signature and direct delivery are required.
• Ammunition must ship separately. 'Limited quantity' small-arms cartridges can go by UPS Ground only within the 48 contiguous states, within Oahu and within Alaska; anything else must be a contract hazmat (hazardous materials) shipment.

FedEx:

• FedEx doesn't accept firearm shipments except from FFL holders approved through a Firearms Shipping Compliance Agreement.
• FedEx treats ammunition as a dangerous good, and it can never be shipped from FedEx Office or other retail locations.

Keep in mind that carrier policies are company rules, not law, and they can change at any time.

Two people without federal licenses who live in different states may not transfer a firearm directly to each other. The transfer has to go through an FFL in the buyer's home state (18 U.S.C. 922(a)(3), (a)(5)).

There are a few narrow exceptions, such as inheriting a firearm through a will or under state inheritance law ('bequest or intestate succession'), and temporary loans or rentals for lawful sporting purposes.

Federal law doesn't require private sales between residents of the same state to go through a dealer. Many states require it anyway (see 'Background checks and private sales' on each state's page).

Selling firearms repeatedly for profit without a license is a federal crime under the 'engaged in the business' definition, as amended in 2022. ATF has proposed rescinding parts of its 2024 rule that spelled out that definition in more detail; the statute itself hasn't changed.

The Gun Control Act defines 'State' to include Puerto Rico and the U.S. possessions (18 U.S.C. 921(a)(2)). So shipping a firearm from the mainland to a territory is treated like an interstate sale:

• the firearm must go to an FFL in the territory;
• that FFL runs the 4473/NICS transfer;
• the buyer must be a resident (for handguns) and must meet the territory's own licensing rules.

Every territory also has its own import and licensing law:

• Puerto Rico: only a licensed 'armero' (a Puerto Rico gun dealer, who must also hold an FFL) may import firearms or ammunition. Buyers need a Puerto Rico weapons license and may buy ammunition only in calibers registered to them (Ley 168-2019, arts. 4.01, 6.02, 6.22, 6.24).
• Guam: dealers in firearms or ammunition must register. Firearms brought from off-island are declared to Customs and registered with the Guam Police within set deadlines (10 GCA ch. 60).
• U.S. Virgin Islands: dealers in firearms and/or ammunition need a territorial license. Each importation must be reported to the Police Commissioner (23 V.I.C. 461, 470).

In practice, carriers are more limited than the law:

• USPS will not carry ammunition anywhere.
• UPS 'limited quantity' ammunition ground service does not reach the territories.
• In practice, ammunition to the territories moves as regulated hazmat freight (air or ocean) to a licensed importer or dealer.

This guide includes Puerto Rico, Guam and the U.S. Virgin Islands, where mainland sellers can lawfully ship both firearms (to a licensed dealer) and ammunition. The Northern Mariana Islands and American Samoa are not covered for now: CNMI's import rules could not be confirmed from the primary law text, and American Samoa allows imports only by special license with no confirmed licensed-dealer channel.

Tax: the One Big Beautiful Bill Act (Pub. L. 119-21, 2025) set the NFA making and transfer tax to $0 for suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs) and 'any other weapons' (AOWs), effective Jan. 1, 2026. Machine guns and destructive devices (DDs) still carry the $200 tax.

Court ruling: on Aug. 5, 2026, in Silencer Shop Foundation v. ATF (N.D. Tex.), a federal court held that, with the tax at $0, the NFA's registration and transfer provisions for those four items were no longer a valid use of Congress's taxing power. Its injunction took effect Aug. 12, 2026 and covers only the plaintiffs and certain other specified people. DOJ told Congress on Sept. 24, 2026 that it would not appeal.

ATF's Oct. 9, 2026 guidance: ATF published an open letter signed by Director Robert Cekada, a press release, a fact sheet and a page of Frequently Asked Questions ('Update to NFA Transfer Guidance', since updated). ATF applies the guidance to everyone, not just the people covered by the court order. Effective Oct. 9, 2026, and only for suppressors, SBRs, SBSs and AOWs, ATF says it will not enforce:

• the requirement to get ATF approval before making or transferring an item (Forms 1, 3 and 4 become voluntary);
• registration in the National Firearms Registration and Transfer Record, including the 24-hour registration rule for manufacturers;
• the tax-stamp and NFA marking requirements;
• the bans on making, receiving, transferring and possessing unregistered items, except the bans on items with obliterated serial numbers and illegally imported items (26 U.S.C. 5861(h), (k)), which remain in force;
• the ban on transporting unregistered items across state lines (26 U.S.C. 5861(j));
• 18 U.S.C. 922(b)(4), the Gun Control Act rule that dealers may sell SBRs and SBSs only with Attorney General authorization, until ATF writes new forms and regulations for that.

What still applies under federal law:

• These items are still 'firearms' under the Gun Control Act. Dealers still complete a Form 4473, run a NICS check, keep records and follow the usual residency rules, and no one may transfer one to a prohibited person.
• Taking an SBR or SBS across state lines still requires an approved ATF Form 20 (18 U.S.C. 922(a)(4)), even if the item is unregistered.
• Businesses that make, import or deal in any NFA item still pay special occupational taxes (SOT).
• Dealers may not transfer any firearm in violation of state or local law (18 U.S.C. 922(b)(2)). ATF says its guidance does not override state or local law.
• Machine guns and destructive devices are unchanged: the full NFA process applies, and civilians may possess only machine guns lawfully registered before May 19, 1986 (18 U.S.C. 922(o)).

Voluntary registration: ATF will keep the registry and keep approving forms for anyone who wants to register. ATF warns that an item removed from the registry generally cannot be registered again unless the Attorney General declares an amnesty.

Could this change? ATF says yes. Enforcement could return if Congress imposes a new tax, the court's injunction is dissolved or overturned, or the Department rescinds the guidance. Unregistered items would not be automatically grandfathered; the Attorney General may, but is not required to, offer an amnesty of up to 90 days.

Travel: ATF's open letter says it is unclear whether state courts will apply the federal safe-passage law (18 U.S.C. 926A) to unregistered NFA items, so it advises caution before carrying one through a state where it is prohibited.

States: many states still ban suppressors or SBRs/SBSs, or allow them only if they are registered or lawful under federal law. How those state laws treat unregistered items is unsettled; see each state entry.

18 U.S.C. 926A protects people who aren't prohibited from possessing firearms when they transport a firearm for a lawful purpose from any place where they may lawfully possess and carry it, to any other such place. These conditions apply:

• the firearm is unloaded;
• neither the firearm nor ammunition is readily accessible from the passenger compartment;
• in a vehicle without a separate trunk, both are in a locked container other than the glove box or console.

It's a defense for continuous travel, not a carry permit. Some states and airports have arrested travelers despite it, especially after extended stops, so plan your route carefully.

Unregistered NFA items: ATF's Oct. 9, 2026 open letter says it is unclear whether state courts will apply 926A to suppressors, SBRs, SBSs or AOWs that are not federally registered, and advises caution before transporting one through a state where it is prohibited (see NFA above).

Federal facilities: knowingly possessing a firearm in a federal facility (a building where federal employees regularly work) is generally a crime (18 U.S.C. 930(a)). Federal court facilities carry a separate, stricter ban (930(e)). Section 930(d)(3) exempts carrying 'incident to hunting or other lawful purposes'.

Post offices: a USPS regulation, 39 CFR 232.1(l), bans firearms on postal property.

• In United States v. Ayala (M.D. Fla.) a court held 930(a) unconstitutional as applied to a postal employee; DOJ dismissed its appeal in Aug. 2025.
• A Texas federal court permanently enjoined enforcement of 930(a) and 39 CFR 232.1(l) against the plaintiffs in that case at ordinary post offices.
• On Aug. 12, 2026 DOJ's Office of Legal Counsel concluded that 930(d)(3) permits the lawful carrying of firearms in post offices generally open to the public.
• The USPS regulation remains in the CFR, and state law still applies. Treat the practical situation as unsettled.

National parks: firearms possession in National Park System units follows the law of the state where the park is located (54 U.S.C. 104906). Federal facilities inside parks (visitor centers, offices) remain off-limits under 930. Military bases set their own rules.

School zones (the Gun-Free School Zones Act, or GFSZA): possessing a firearm within 1,000 feet of a K-12 school is a federal crime (18 U.S.C. 922(q)). Exceptions include:

• people licensed to carry by the state where the school zone is located;
• unloaded firearms in a locked container or locked rack;
• firearms on private property not part of school grounds.
• A permit from another state, or carrying without a permit, doesn't count for the license exception.

Firearms may travel only in checked baggage. They must be unloaded, in a locked hard-sided case, and declared to the airline at check-in every time.

TSA treats a firearm as 'loaded' for civil-penalty purposes if both the firearm and ammunition are accessible to the passenger.

Ammunition is banned from carry-on bags. In checked bags it must be in a box designed for ammunition, or in a magazine that fully encloses the rounds. Magazines and firearm parts are banned from carry-on bags.

Airlines set their own fees and limits on how much ammunition you can bring. Possession at your destination is governed by local law; for example, people traveling through New York area airports have been prosecuted. The rules are in 49 CFR 1540.111 and 49 CFR 175.10(a)(8).

ATF's 2022 rule (27 CFR 478.11-12) treats some weapon parts kits and partly finished frames or receivers that can 'readily' be completed as firearms. Covered kits need serial numbers and must be sold by dealers with a background check.

In Bondi v. VanDerStok (March 26, 2025, 7-2), the Supreme Court rejected the facial challenge (a claim that the rule is invalid in every application) and upheld the rule. It didn't decide whether every particular product is covered.

ATF said in its 2026 'New Era of Reform' Q&A that it is still reviewing the frame-or-receiver rule and has no timeline. No change has been proposed, so the rule remains in effect.

Many states have stricter ghost-gun laws (see each state's page).

ATF's 2023 rule classified many braced pistols as short-barreled rifles. A federal court vacated it (threw it out) nationwide on June 13, 2024 (Mock v. Garland, N.D. Tex.), so it isn't enforceable.

On May 6, 2026, ATF proposed formally removing the rule's language from its regulations (RIN 1140-AA98; comments closed Aug. 4, 2026). As of Oct. 17, 2026, no final rule has been published in the Federal Register.

ATF still classifies individual firearms under the statutory definition of 'rifle'. A 'brace' that is really a shoulder stock on a short barrel can still make an SBR, though SBR enforcement itself is now limited (see NFA above).

State laws on SBRs and braces still apply.

Bump stocks: in Garland v. Cargill (June 14, 2024) the Supreme Court held that a semiautomatic rifle with a bump stock is not a 'machinegun' under federal law, which voided ATF's 2018 ban. ATF removed the bump-stock language from its regulations in a final rule effective May 6, 2026. Some states still ban bump stocks or 'rapid-fire devices'.

FRTs: on May 16, 2025 DOJ settled its litigation with Rare Breed Triggers. Under the settlement:

• the government agreed not to enforce the machine-gun laws against anyone possessing or transferring an FRT that works the way the court described in NAGR v. Garland (the trigger is forcibly reset after every shot and each shot needs its own reset). That covers Rare Breed's FRT-15 and Wide Open Trigger;
• the government agreed to return seized or surrendered FRTs where practicable, for owners who asked by Sept. 30, 2025. Owners in states that ban FRTs still can't legally have them.

The settlement doesn't cover auto sears, 'switches' or other conversion devices, which are still machine guns. Trigger designs that don't work the way the settlement describes are classified case by case. State bans (for example in CA) still apply.

Federal law defines 'armor piercing ammunition' narrowly (18 U.S.C. 921(a)(17)(B)). It covers:

• handgun-usable projectiles or cores made entirely of certain hard metals (tungsten alloys, steel, iron, brass, bronze, beryllium copper, depleted uranium);
• full-jacketed handgun-designed projectiles .22 caliber or larger whose jacket exceeds 25% of the projectile weight.

Projectiles the Attorney General finds are primarily intended for sporting purposes are excluded.

Making or importing it is generally banned (922(a)(7)), and licensees may not sell or deliver it except to the government or for export or testing (922(a)(8), (b)(5)). Using or carrying it during a violent or drug crime brings enhanced penalties (929).

Federal law doesn't ban private possession, but several states do restrict possession.

For online shoppers: many retailers won't ship steel-core rifle ammunition that can be fired from a handgun, and some states ban it outright.

Pending, scheduled for argument: Viramontes v. Cook County (No. 25-238) and Grant v. Higgins (No. 25-566). Review was granted June 30, 2026, and the cases were consolidated (combined). Cook County and Connecticut filed their main briefs on Oct. 21, 2026, and oral argument is scheduled for Dec. 2, 2026. The question is whether the Second Amendment protects AR-15-platform and similar semiautomatic rifles. A decision is expected by mid-2027.

Pending petitions the Court hasn't acted on yet:

• Magazine-limit petitions: Duncan v. Bonta (CA, No. 25-198), Gator's Custom Guns v. Washington (No. 25-153) and NAGR v. Lamont (CT, No. 25-421).
• New Jersey's petition in Davenport v. ANJRPC (No. 26-452) challenges the Third Circuit ruling that struck down NJ's rifle and magazine bans (that ruling is stayed, meaning on hold); the response is due Nov. 4, 2026.

Recently decided:

• Wolford v. Lopez (June 25, 2026) struck down Hawaii's default ban on carry on private property open to the public.
• United States v. Hemani (June 18, 2026): see 'Who can't own guns' above.

Recently denied review: United States v. Hembree (Oct. 5, 2026; the felon ban, Fifth Circuit) and McCoy v. ATF (June 30, 2026; 18-20 handgun sales).