Federal & State Gun Laws

The Foundation of Federal Firearms Regulation

The National Firearms Act of 1934

The National Firearms Act (NFA) of 1934 represents the first major federal firearms legislation in the United States. Enacted during the Prohibition era in response to gangland violence, the NFA imposed strict regulations on certain types of firearms:

• Machine guns
• Short-barreled rifles and shotguns
• Suppressors (silencers)
• Destructive devices
• Any other weapons (AOWs)

The NFA didn’t ban these weapons outright but required their registration with the federal government and imposed a $200 tax on transfers—a substantial sum in 1934 that would equate to over $4,000 today. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to enforce these provisions.

The Gun Control Act of 1968

Following the assassinations of President John F. Kennedy, Robert Kennedy, and Dr. Martin Luther King Jr., Congress passed the Gun Control Act (GCA) of 1968. This legislation significantly expanded federal authority over firearms by:

• Establishing the Federal Firearms License (FFL) system
• Prohibiting interstate transfers except through licensed dealers
• Creating categories of “prohibited persons” barred from possessing firearms
• Banning mail-order sales of rifles and shotguns
• Requiring serial numbers on all manufactured firearms

The GCA created the regulatory framework that still forms the backbone of federal gun control today. It established the concept that certain individuals—including felons, fugitives, and those adjudicated mentally ill—should be prohibited from possessing firearms.

The Firearm Owners Protection Act of 1986

In response to concerns about overzealous enforcement of the GCA, Congress passed the Firearm Owners Protection Act (FOPA) in 1986. While FOPA relaxed some restrictions, it also:

• Banned the manufacture of new machine guns for civilian ownership
• Enhanced penalties for using firearms in crimes of violence or drug trafficking
• Protected interstate transportation of unloaded, locked firearms
• Prohibited a national gun registry

This legislation created the closed registry of transferable machine guns that exists today, making pre-1986 automatic weapons increasingly valuable collectors’ items.

Key Federal Prohibitions and Requirements

Prohibited Persons

Under 18 U.S.C. § 922(g), several categories of individuals are prohibited from possessing firearms or ammunition:

1. Convicted felons
2. Fugitives from justice
3. Unlawful users of controlled substances
4. Those adjudicated as mentally defective or committed to mental institutions
5. Illegal aliens and most non-immigrant visa holders
6. Those dishonorably discharged from the military
7. Those who have renounced U.S. citizenship
8. Persons subject to domestic violence restraining orders
9. Persons convicted of misdemeanor domestic violence

Violations can result in up to 10 years imprisonment, and the Armed Career Criminal Act imposes a 15-year mandatory minimum sentence for those with three prior violent felony or serious drug convictions.

Background Check Requirements

The Brady Handgun Violence Prevention Act of 1993 established the National Instant Criminal Background Check System (NICS), which requires background checks for firearms purchased from licensed dealers. The FBI’s NICS system processes these checks, which must be completed before a firearm transfer can proceed.

However, private sales between individuals residing in the same state generally do not require background checks under federal law (though many states have enacted their own universal background check requirements).

Interstate Transfers

Federal law strictly regulates interstate firearms transfers:

• Handguns can only be purchased in person in your state of residence
• Long guns may be purchased in person in another state if the sale complies with laws in both states
• All interstate transfers must go through an FFL

These provisions reflect the federal government’s authority under the Commerce Clause to regulate interstate commerce.

Ghost Guns and 80% Frames

What Are Ghost Guns?

“Ghost guns” refer to privately made firearms (PMFs) that lack commercial serial numbers, making them difficult to trace. These weapons typically start as unfinished receivers or frames—often called “80% frames” or “80% receivers”—that require additional machining to become functional firearms.

Traditionally, these unfinished components weren’t legally classified as firearms under federal law, allowing them to be sold without background checks or serial numbers. Using readily available tools, individuals could complete these components and assemble functional firearms without any government oversight.

The 2022 ATF Rule on Ghost Guns

In April 2022, the ATF finalized a rule to address the proliferation of ghost guns. The new regulations redefine “firearm” to include weapon parts kits and partially complete frames or receivers that can be readily converted into functional firearms.

Key provisions include:

• Requiring serial numbers on 80% frames and receivers
• Mandating that manufacturers and dealers of these components be federally licensed
• Requiring background checks for purchases of these components
• Establishing recordkeeping requirements for these transactions

The rule went into effect in August 2022, though it has faced legal challenges. In January 2023, a federal judge in Texas ruled that the ATF exceeded its authority in parts of the regulation, creating ongoing uncertainty.

State Regulations on Ghost Guns

While federal regulations continue to evolve, many states have enacted their own laws addressing ghost guns:

• California requires self-manufactured firearms to have serial numbers and prohibits the sale of unserialized firearms
• New York banned the possession and sale of ghost guns in 2021
• New Jersey prohibits manufacturing firearms without a serial number
• Connecticut requires homemade firearms to have serial numbers

These state laws create a patchwork of regulations that can vary significantly across jurisdictions. The Giffords Law Center tracks these evolving state regulations.

Controversies and Challenges

The regulation of ghost guns remains contentious. Proponents of stricter regulations argue that these untraceable firearms pose a significant public safety risk and are increasingly recovered at crime scenes. According to ATF data, law enforcement recovered approximately 20,000 suspected ghost guns in 2021, a tenfold increase from 2016.

Opponents contend that the right to build firearms for personal use has historical precedent dating back to the founding era and that new regulations infringe on Second Amendment rights. Organizations like the Firearms Policy Coalition have challenged these regulations in court.

The technological landscape continues to evolve with the rise of 3D printing technology, which presents additional regulatory challenges beyond traditional manufacturing methods.

The Brady Act and Background Checks

The Brady Handgun Violence Prevention Act of 1993 represents a watershed moment in federal firearms regulation. Named after James Brady, who was seriously wounded during the 1981 assassination attempt on President Reagan, the law established the National Instant Criminal Background Check System (NICS).

When a person attempts to purchase a firearm from a licensed dealer, the dealer must contact the NICS to determine if the buyer is prohibited from possessing firearms. The system checks various databases, including:

• The National Crime Information Center (NCIC)
• The Interstate Identification Index (III)
• The NICS Index of prohibited persons

In most cases, background checks are completed within minutes. However, if the system cannot immediately determine eligibility, the transfer may be delayed for up to three business days while additional research is conducted.

Since its implementation in 1998, NICS has processed over 400 million background checks and prevented more than 2 million prohibited purchases. However, critics note that the system has significant gaps, including the “Charleston loophole” (which allows transfers to proceed if a background check isn’t completed within three days) and the private sale exemption.

Recent Supreme Court Decisions

District of Columbia v. Heller (2008)

In this landmark case, the Supreme Court held that the Second Amendment protects an individual’s right to possess firearms independent of service in a well-regulated militia and to use arms for traditionally lawful purposes, including self-defense within the home.

However, the Court emphasized that this right is not unlimited and that longstanding prohibitions on possession by felons and the mentally ill, or laws forbidding firearms in sensitive places like schools and government buildings, remain valid.

New York State Rifle & Pistol Association v. Bruen (2022)

In June 2022, the Supreme Court struck down New York’s proper-cause requirement for obtaining a concealed carry permit. More significantly, the Court established a new test for evaluating gun regulations: they must be consistent with the nation’s historical tradition of firearm regulation.

This decision has triggered numerous legal challenges to existing gun laws, with courts now required to find historical analogues to modern gun regulations. The Bruen decision represents a significant shift in Second Amendment jurisprudence that continues to reshape the regulatory landscape.

Enforcement and Prosecution

The ATF is the primary federal agency responsible for enforcing federal firearms laws. Working alongside the FBI and local law enforcement, the ATF investigates:

• Illegal firearms trafficking
• Possession by prohibited persons
• Straw purchases (buying a gun for someone who cannot legally purchase one)
• Use of firearms in violent crimes and drug trafficking

Federal prosecutors prioritize cases involving violent offenders, large-scale trafficking operations, and individuals who repeatedly violate firearms laws. The Department of Justice’s Project Safe Neighborhoods initiative coordinates federal, state, and local efforts to reduce gun violence.

Ongoing Debates and Future Directions

Federal firearms regulation remains one of the most contentious areas of American public policy. Current debates center around:

Universal Background Checks

Proposals to extend background check requirements to private sales have gained significant public support but face legislative challenges. Proponents argue this would close a significant loophole, while opponents contend it would burden law-abiding citizens without significantly impacting criminal access to firearms.

Assault Weapons Regulation

The federal assault weapons ban expired in 2004, and efforts to reinstate it have been unsuccessful. The debate continues over whether these firearms deserve special regulatory attention based on their features and capabilities.

Red Flag Laws

Extreme risk protection orders (ERPOs) allow temporary removal of firearms from individuals deemed to pose a danger to themselves or others. While many states have adopted such measures, federal legislation has stalled.

Constitutional Carry

An increasing number of states have eliminated permit requirements for carrying concealed firearms, reflecting a trend toward reduced restrictions on the right to bear arms.

Conclusion

Federal firearms laws represent an evolving compromise between public safety concerns and constitutional rights. From the NFA’s response to Prohibition-era violence to modern debates over ghost guns and background checks, these regulations reflect changing societal priorities and technological developments.

Understanding this complex regulatory framework is essential for gun owners, law enforcement officials, policymakers, and citizens concerned about both public safety and constitutional rights. As technology continues to advance and legal interpretations evolve, federal firearms regulation will likely remain a dynamic and contested area of American law.

The challenge moving forward will be finding effective policies that both reduce gun violence and respect constitutional rights—a balance that has proven elusive throughout American history but remains essential to pursue.