How Old Do You Have to Be to Buy a Gun? Federal Rules

How old do you have to be to buy a gun? It's one of the most common questions new shooters (and their parents) ask, and the honest answer is "it depends." Federal law sets different ages depending on who is selling (a licensed dealer or a private person) and what you're buying (a rifle or shotgun, a handgun, or ammunition). This guide walks through each rule in plain English, plus a big change in how the federal government is treating 18-to-20-year-old handgun buyers.

A quick note before we start: this is general information about federal law, not legal advice. Many states set higher ages or add their own rules, and the stricter rule is the one you have to follow. It's worth reading your state's gun law page before you buy.

How old do you have to be to buy a gun from a dealer?

When you buy from a licensed dealer (an FFL, short for federal firearms licensee), federal law sets two ages (18 U.S.C. 922(b)(1); 27 CFR 478.99(b)):

• Rifles and shotguns: 18 or older.
• Handguns and every other firearm that isn't a rifle or shotgun: 21 or older under the statute. (See the next section for what changed in September 2026.)

ATF's dealer guide adds two details that surprise people. First, a bare frame or receiver "is not a rifle or shotgun," so a dealer can't sell one to anyone under 21. Second, if your state or city sets a higher minimum age, the dealer has to follow the higher one (ATF FFL Quick Reference Guide).

The same 18-and-21 split applies when a dealer sells to a buyer who isn't there in person: the buyer has to swear in writing that they're at least 21 for a handgun or at least 18 for a rifle or shotgun (18 U.S.C. 922(c)(1)).

Can an 18-year-old buy a handgun from a dealer now?

This is the part of the law that's in motion, so read it carefully.

On September 17, 2026, the Justice Department's Office of Legal Counsel (the office that gives the department its official legal advice) issued an opinion concluding that 922(b)(1) and (c)(1) are unconstitutional as applied to young adults ages 18 to 20 who want to buy handguns (OLC opinion). The next day, DOJ announced that the federal prohibition "may not be enforced against licensed dealers selling handguns to otherwise law-abiding adults ages 18 to 20," and that it won't seek criminal penalties against those dealers (DOJ press release).

Here's what that does and doesn't mean:

• The statute hasn't changed. As of October 31, 2026, the under-21 handgun language is still in 18 U.S.C. 922(b)(1) and in ATF's regulation at 27 CFR 478.99(b). Only Congress can repeal it.
• It's an enforcement decision. DOJ is telling dealers it won't prosecute them for these sales. That's a DOJ policy, not a court ruling. Separately, federal courts are split on the question. In one case (Reese v. ATF), a federal court in Louisiana has barred enforcement of the rule against members of the plaintiff groups in Louisiana, Mississippi and Texas, and appeals are pending. The Supreme Court declined to take up two related cases in June 2026.
• State law still applies. If your state sets 21 as the minimum age for handguns, that rule still stands.
• Dealers can still say no. A dealer can keep its own 21-and-over policy. As of October 31, 2026, ATF hadn't issued dealer guidance or changed Form 4473 to reflect DOJ's position, and many dealers may wait for that before changing how they sell.
• It covers handguns only. The opinion doesn't address frames or receivers sold on their own, or other non-rifle, non-shotgun items, so the under-21 rule for those hasn't changed.

Our federal age limits summary tracks this issue, including the court cases, and we'll update it as ATF and the courts weigh in.

How old do you have to be to buy a gun from a private seller?

Private sales between two people who live in the same state work differently, because 922(b)(1) only applies to licensed dealers. ATF summarizes the federal rules this way (ATF minimum age infographic):

• Handguns: an unlicensed person may not sell, deliver or otherwise transfer a handgun or handgun ammunition to someone they know or have reasonable cause to believe is under 18, except in limited situations (18 U.S.C. 922(x)). That means federal law allows an 18-to-20-year-old to buy a handgun from a private seller in their own state, as long as neither person is otherwise prohibited (OLC opinion, p. 3). Many states restrict these sales, so check your state's rules.
• Rifles and shotguns: "There are no federal laws preventing unlicensed persons from selling, delivering or otherwise transferring a long gun or long gun ammunition to a person of any age," in ATF's words.

That second point catches people off guard, so it bears repeating: federal law leaves the minimum age for private long-gun sales to the states, and many states do set one. A private sale also generally can't cross state lines (18 U.S.C. 922(a)(5)). Buying a gun from someone in another state generally has to go through a dealer, as our guide on how an FFL transfer works explains.

What is the minimum age to buy ammunition?

Ammunition follows the same pattern as the guns it goes with:

• From a dealer: 18 for rifle or shotgun ammunition, and 21 for ammunition for anything else (18 U.S.C. 922(b)(1)). ATF tells dealers they may sell ammunition that works in both rifles and handguns to a buyer who is at least 18 "if you are satisfied that he or she will use the ammunition in a rifle" (ATF FFL Quick Reference Guide).
• From anyone: it's a federal crime to transfer "ammunition that is suitable for use only in a handgun" to someone under 18, outside the same limited exceptions that apply to handguns (18 U.S.C. 922(x)).

The September 2026 DOJ opinion described above deals with this same statute, 922(b)(1), which covers handgun ammunition as well as handguns. DOJ's conclusion speaks of handgun sales and doesn't separately address handgun ammunition, so if you're 18 to 20, ask your dealer how it's handling handgun ammunition sales.

Can someone under 18 have a handgun?

Generally, no. Under 18 U.S.C. 922(x), a "juvenile" (anyone under 18) may not knowingly possess a handgun or handgun-only ammunition, and no one may transfer either to a juvenile. The law lists a few exceptions (18 U.S.C. 922(x)(3)):

• Supervised activities: temporary use for employment, ranching or farming, target practice, hunting, or a handgun safety course. The juvenile needs prior written consent from a parent or guardian who isn't prohibited from having guns, has to carry that consent with them, and has to follow state and local law. The law carves out narrow exceptions to the written-consent rule for carrying the handgun unloaded and in a locked container directly to the activity and back to the person who provided it, and for farm or ranch work done with a parent's written approval at the direction of an adult who isn't prohibited from having guns.
• Military service: members of the Armed Forces or National Guard in the line of duty.
• Inheritance: a juvenile can inherit title to a handgun (legal ownership), but not possession of it.
• Self-defense at home: a juvenile who takes possession of a handgun to defend themselves or others against an intruder in their own home, or in a home where they're an invited guest.

The federal juvenile possession rule in 922(x) covers handguns and handgun-only ammunition, not rifles or shotguns, though state law may set its own limits. Under a current ATF regulation, dealers also have to give handgun buyers ATF's Youth Handgun Safety Act notice, which explains these rules, and post it in their store (27 CFR 478.103). ATF proposed removing that requirement in May 2026; as of October 31, 2026, the change hasn't been finalized.

Why does a background check take longer for buyers under 21?

Since 2022, when a dealer runs a background check on a buyer under 21, the system also looks for possibly disqualifying juvenile records (18 U.S.C. 922(t)(1)(C)). Here's how the timing works:

• If the check comes back with a "proceed," the sale can go ahead.
• If there's no answer, the dealer can transfer the gun after 3 business days, as long as the system hasn't flagged a juvenile record that needs a closer look.
• If the system says there's cause to investigate further, the wait can stretch to 10 business days. After that, the dealer can proceed if the system hasn't said the sale would be illegal and state law allows it.

This rule came from the Bipartisan Safer Communities Act, and it has an end date: the law says these enhanced-check provisions are repealed effective September 30, 2032 (Public Law 117-159, section 12001(a)(3)). Unless Congress extends it, under-21 buyers will go back to the standard check after that date. You can read more about Form 4473 and the background check on our federal laws page.

Do state gun laws set higher minimum ages?

Many do. Federal law is the floor, not the ceiling, and a dealer can't sell to you if your purchase would break your state's law or a published local ordinance (18 U.S.C. 922(b)(2)). Some states raise the age for long guns, regulate private sales, or require a permit before you can buy. Check your state on our gun laws by state pages before you shop.

How old do you have to be to buy a gun FAQ

• How old do you have to be to buy a rifle or shotgun? 18 from a licensed dealer under federal law. Federal law doesn't set a minimum age for private sales of rifles and shotguns, but your state might.
• How old do you have to be to buy a handgun? The federal statute says 21 from a licensed dealer. In September 2026, DOJ said it won't prosecute dealers who sell handguns to law-abiding 18-to-20-year-olds, but that doesn't change the federal statute or any state's age limits.
• Can an 18-year-old buy a handgun from a private seller? Under federal law, yes, if both people live in the same state and the buyer isn't otherwise prohibited. Your state may say otherwise.
• How old do you have to be to buy ammo? From a dealer, 18 for rifle and shotgun ammunition and 21 for other ammunition. Nobody may transfer handgun-only ammunition to someone under 18, outside limited exceptions.
• Can a 16-year-old use a handgun for hunting or target practice? Yes, in limited situations, with a parent's or guardian's prior written consent that they carry with them, and in line with state and local law.
• Why is my background check taking longer because I'm under 21? Federal law adds a check for juvenile records for buyers under 21, which can take up to 10 business days. That rule is set to end on September 30, 2032.
• Can a dealer refuse to sell me a gun even if I'm old enough? Yes. A dealer has to follow any higher state or local age limit, and it can set its own store policy, too.

Related reading

• How does an FFL transfer work?
• Can you give a gun as a gift?
• Federal age limits and the 18-20 handgun issue
• Prohibited persons under federal law
• Gun laws by state
• Find a licensed dealer

Age rules are one of those areas where federal law, state law and a store's own policy all stack on top of each other, so it's normal to feel a little lost at first. Start with the federal basics above, check your state's page, and if anything about your situation is unclear, a local dealer or an attorney can help you sort it out.