Complete 2026 Guide
Table of Contents
ToggleUnderstanding gun background check laws by state is essential for anyone who plans to buy, sell, or transfer firearms in the United States.
Gun background checks are one of the primary mechanisms used to determine whether a person is legally allowed to purchase or possess a firearm. In the United States, most gun background checks are conducted through the National Instant Criminal Background Check System (NICS), which is operated by the FBI.
Gun background checks are required whenever firearms are purchased from licensed firearm dealers, but individual states regulate gun background checks differently when it comes to private firearm sales between individuals.
Some states require gun background checks for nearly every firearm transfer. Other states primarily follow federal law, which requires gun background checks only for purchases from licensed firearm dealers.
Because these laws vary widely across the country, it is important to understand the gun background check requirements in your specific state before buying or selling a firearm.
Many responsible gun owners also choose to document firearm transfers using GunTransfer, which provides a secure system for documenting firearm ownership changes and maintaining records of firearm transactions.
This guide explains:
You can also use the interactive state selector below to find the exact gun background check rules that apply in your state.
Table of Contents
Because these laws vary widely across the country, it is important to understand the gun background check requirements in your specific state before buying or selling a firearm.
A gun sale occurs whenever ownership of a firearm changes from one individual to another.
Understanding when a gun background check is required and how to complete one legally is an important part of responsible gun ownership.
Quick Facts
Gun background checks are screenings used to determine whether a person is legally eligible to purchase or possess a firearm.
When a gun background check is conducted, the buyer’s information is reviewed through several federal databases containing records of individuals who are prohibited from owning firearms.
If a gun background check reveals that a person is prohibited from possessing firearms, the firearm purchase must be denied.
Gun background checks are intended to help prevent firearms from being transferred to individuals who are legally prohibited from possessing them.
Federal firearm law requires gun background checks whenever firearms are purchased from licensed firearm dealers.
Licensed firearm dealers must conduct gun background checks before transferring firearms to buyers.
If the gun background check is approved, the firearm transfer may proceed. If the gun background check is denied, the firearm cannot legally be transferred.
The National Instant Criminal Background Check System (NICS) is the system used to conduct most gun background checks in the United States.
The NICS system returns one of three results:
Approved
The gun background check requires additional review.
Denied
The buyer is prohibited from purchasing the firearm.
However, most states do not require gun background checks for private firearm transfers, while others do.
Private firearm sales occur when two individuals sell or transfer firearms directly without involving a licensed dealer.
Some states require gun background checks for private gun sales. Other states allow private firearm sales without requiring gun background checks.
Because private firearm transfers may not always involve gun background checks, many firearm owners choose to document transfers using GunTransfer, which helps maintain records of firearm ownership changes.
Following responsible practices helps ensure firearm transfers are conducted safely and legally.
Responsible gun ownership goes beyond simply following the law. It includes taking reasonable steps to ensure firearms are handled, stored, and transferred safely. Whether buying, selling, or transferring a firearm, responsible practices help protect both individuals and the broader community.
Private firearm sales can be legal in many states, but the process can still feel uncertain. Gun owners often want to make sure they are following the law, protecting themselves from liability, and keeping clear records of firearm ownership. That’s why many choose to use GunTransfer.
GUN TRANSFER helps you stay legal, stay organized, and transfer firearms with confidence.
Reduce Legal Risk
Comprehensive breakdown of private firearm transfer laws for every state.
Private sales between residents are generally permitted without a background check.
Background Check: Not Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 19 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private sales between residents are generally permitted without a background check.
Background Check: Not Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private sales between residents are generally permitted without a background check.
Background Check: Not Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private sales between residents are generally permitted without a background check.
Background Check: Not Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm transfers in California generally must go through a licensed dealer with a background check and 10-day waiting period.
Background Check: Required
Permit / License: Firearm Safety Certificate Required
Gun Registration: Required
FFL Required: Required for Private Transfers
Waiting Period: 10 Days
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 21 - Long gun
Special Restrictions: Dealer processing and California transfer rules apply
Background check required
Colorado requires most private firearm sales to be completed through a licensed dealer with a background check.
Background Check: Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Most Private Transfers
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Universal background check law with limited exceptions
Background check required
Connecticut requires background checks for private firearm sales and permits for most firearm purchases.
Background Check: Required
Permit / License: Required for Most Firearms
Gun Registration: Required
FFL Required: Required for Private Transfers
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Permit-to-purchase system and strict transfer regulations
Background check required
Delaware requires background checks for most private firearm sales through a licensed dealer.
Background Check: Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Most Private Transfers
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Universal background check law with limited exceptions
Background check required
Private firearm sales between individuals are generally allowed without a background check, though dealer sales require one.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: 3 Days (Dealer Sales - Varies by County)
Concealed Carry: Constitutional Carry (2023+)
Age Restrictions: 21 - Handgun | 21 - Long gun
Special Restrictions: Local waiting periods may apply
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Hawaii requires background checks and permits for all firearm purchases, including private transfers.
Background Check: Required
Permit / License: Permit Required to Acquire
Gun Registration: Required
FFL Required: Required for Transfers
Waiting Period: Minimum 14 Days (Permit Process)
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 21 - Long gun
Special Restrictions: Permit-to-acquire system and strict registration laws
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Illinois requires background checks for all firearm sales and a FOID card for both buyers and sellers.
Background Check: Required
Permit / License: FOID Card Required
Gun Registration: Not Required (FOID Tracking Applies)
FFL Required: Required or State Portal Required
Waiting Period: 72 Hours
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: FOID verification required for all transfers
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check, though permits are required for handguns.
Background Check: Not Required (Private Sales)
Permit / License: Permit Required for Handguns
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Permit required for handgun acquisition
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check, with limited exceptions for certain transactions.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Maryland requires background checks for most firearm sales, including private handgun transfers processed through licensed dealers or state systems.
Background Check: Required
Permit / License: Handgun Qualification License Required
Gun Registration: Required (Handguns)
FFL Required: Required for Private Handgun Sales
Waiting Period: 7 Days
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Handgun Registration
Background check required
Massachusetts requires background checks, licensing, and registration for most firearm purchases and transfers, including private sales.
Background Check: Required
Permit / License: License to Carry Required
Gun Registration: Required
FFL Required: Required for Most Transfers
Waiting Period: Yes (Processing Time Required)
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Strict licensing and firearm compliance requirements
Background check required
Michigan requires background checks for handgun purchases and private sales through a permit or licensed dealer system.
Background Check: Required (Handguns)
Permit / License: Permit Required for Handguns
Gun Registration: Required (Handguns)
FFL Required: Required for Some Private Sales
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Handgun sales require permit or license
Background check required
Minnesota requires background checks for certain firearm purchases and permits for handguns and some semi-automatic rifles.
Background Check: Required (Dealer Sales)
Permit / License: Permit Required for Handguns and Certain Rifles
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Permit required for certain firearm purchases
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check, though handgun purchases require a permit.
Background Check: Not Required (Private Sales)
Permit / License: Permit Required for Handguns
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Nevada requires background checks for most firearm sales, including private party transactions processed through licensed dealers.
Background Check: Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Private Sales
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Universal background check requirement
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
New Jersey requires background checks, permits, and strict regulation for most firearm purchases and transfers, including private sales.
Background Check: Required
Permit / License: Firearms Purchaser ID Required
Gun Registration: Required
FFL Required: Required for Private Sales
Waiting Period: Yes
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Strict permitting and purchase limitations
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 19 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
New York requires background checks, permits, and strict regulation for most firearm purchases and transfers, including private sales.
Background Check: Required
Permit / License: Permit Required
Gun Registration: Required (Handguns)
FFL Required: Required for Private Sales
Waiting Period: Yes
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Strict firearm and licensing regulations
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry (With Restrictions)
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Oregon requires background checks for most firearm sales, including private party transactions processed through licensed dealers.
Background Check: Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Private Sales
Waiting Period: Yes (May Apply)
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Universal background check requirement
Background check required
Pennsylvania requires background checks for handgun sales, including private transfers, while private long gun sales are generally allowed without a check.
Background Check: Required (Handguns Only)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Handgun Transfers
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Handgun transfers must go through licensed dealers
Background check required
Rhode Island requires background checks, permits, and waiting periods for most firearm purchases and transfers, including private sales.
Background Check: Required
Permit / License: Permit Required for Handguns
Gun Registration: Not Required
FFL Required: Required for Private Sales
Waiting Period: 7 Days
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Waiting period and permit requirements apply
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Vermont requires background checks for most firearm sales, including private party transactions processed through licensed dealers.
Background Check: Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Private Sales
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: Universal background check requirement
Background check required
Private firearm sales between individuals are generally allowed without a background check, although some transactions may be processed through licensed dealers.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Washington requires background checks for all firearm sales, including private party transactions processed through licensed dealers.
Background Check: Required
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Required for Private Sales
Waiting Period: Yes (May Apply)
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 18 - Long gun
Special Restrictions: Universal background check requirement
Background check required
Washington, D.C. requires background checks, firearm registration, and strict regulations for all firearm transfers, including private sales.
Background Check: Required
Permit / License: Registration Required
Gun Registration: Required
FFL Required: Required for All Transfers
Waiting Period: Yes (Typically 10 Days)
Concealed Carry: Permit Required
Age Restrictions: 21 - Handgun | 21 - Long gun
Special Restrictions: Registration and strict transfer requirements
Background check required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Permit Required
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Private firearm sales between individuals are generally allowed without a background check.
Background Check: Not Required (Private Sales)
Permit / License: Not Required
Gun Registration: Not Required
FFL Required: Not Required (Private Sales)
Waiting Period: None
Concealed Carry: Constitutional Carry
Age Restrictions: 18 - Handgun | 18 - Long gun
Special Restrictions: None
Background check not required
Select Your State:
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This depends on the state. Some states require gun background checks for private firearm sales, while others do not.
Gun background checks are required for purchases from licensed firearm dealers in every state, but some states also require gun background checks for private gun sales.
Most gun background checks are completed quickly through the NICS system, but some checks may be delayed for further review.
Yes. Firearms purchased online must be transferred through a licensed firearm dealer where a gun background check will be conducted.
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Legal Disclaimer
The information on this page is provided for general educational purposes only and does not constitute legal advice. Firearm laws may change and may vary depending on individual circumstances. Always consult official state resources or a qualified professional for guidance.
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