Under federal law, gun background checks are required for every firearm sold by a federally licensed dealer, but they are not required for private sales between unlicensed individuals unless a state law adds that requirement. The rule comes from the Brady Handgun Violence Prevention Act of 1993, which built the system that screens buyers at the point of sale through any dealer holding a Federal Firearms License.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Law
When a Federal Check Is Required
The Brady Act, signed on November 30, 1993, amended the Gun Control Act of 1968 to require licensed firearm dealers to run a background check before transferring a gun to an unlicensed buyer.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Law The requirement covers everyone holding a Federal Firearms License: manufacturers, importers, and dealers. The original five-day waiting period was replaced in 1998 when the FBI launched the National Instant Criminal Background Check System (NICS).2Federal Bureau of Investigation. National Instant Criminal Background Check System Celebrates 20 Years of Service
When you buy from a licensed dealer, you fill out ATF Form 4473, which collects your identifying information and asks a series of questions meant to determine whether you fall into any prohibited category.3Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions The dealer contacts NICS, which searches three federal databases at once: the National Crime Information Center for wanted persons and active protection orders, the Interstate Identification Index for criminal history, and the NICS Indices for other prohibited-person information.4Federal Bureau of Investigation. National Instant Criminal Background Check System (NICS)
Every check returns one of three results: proceed, denied, or delayed. Most resolve in minutes. When a check is delayed, federal law gives the FBI three business days to reach a final answer. If that window passes with no determination, the dealer is legally permitted to complete the sale, though not required to.5Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts For buyers between 18 and 20, the Bipartisan Safer Communities Act of 2022 added a separate procedure that pulls in juvenile justice, mental health adjudication, and local law enforcement records. If something flagged needs investigation, the review can run up to ten business days total.6Congress.gov. Gun Control: Juvenile Record Checks for 18- to 21-Year-Olds
The Private Sale Exception
The federal check requirement stops at the licensed dealer. A private individual who sells a gun from a personal collection to another private individual in the same state is not required by federal law to run a background check on the buyer. That is true whether the sale happens at a gun show, through an online listing, or face to face. What people call the “gun show loophole” is really a private sale exemption that applies everywhere, not just at shows.
The line comes from the Firearm Owners’ Protection Act of 1986, which distinguished people “engaged in the business” of dealing firearms from those making occasional sales out of a personal collection. Only the first group needs a license, and only license holders must run background checks.7U.S. Government Publishing Office. Public Law 99-308 – Firearms Owners Protection Act
In 2024, the ATF finalized a rule that broadened the definition of “engaged in the business” and would have required more sellers to obtain licenses and run checks. A federal district court in Texas issued a preliminary injunction blocking enforcement against multiple states and organizations that challenged it, and the regulation’s future remains uncertain.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Final Rule: Definition of Engaged in the Business as a Dealer in Firearms
How State Laws Change the Answer
At least 22 states and Washington, D.C. have extended background check requirements beyond the federal minimum to cover all or most private sales. These are often called universal background check laws, though the details vary. Most of these states require private sellers to route the transaction through a licensed dealer, who then runs the NICS check. A few states, including Illinois, Massachusetts, and Oregon, achieve a similar result by requiring buyers to hold a purchase permit that itself involves a background check.
Even in states with universal rules, exceptions are common. Sales or gifts between close family members are frequently exempt, and some states carve out short-term loans or emergency transfers during a mental health crisis.
Some states also act as “Point of Contact” states for NICS. In those states, dealers contact a state agency, often the state police, rather than the FBI. The state agency searches its own criminal and mental health databases on top of the three federal databases, which can catch records that never made it into the national system. A few states are partial points of contact, handling handgun checks through the state agency and routing long gun checks to the FBI.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady State Lists
Who the Check Is Screening For
Under 18 U.S.C. § 922(g), several categories of people are barred from possessing or receiving firearms or ammunition:10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- Anyone convicted of a crime punishable by more than one year in prison, whether or not they served that long.
- Fugitives from justice, including anyone with an outstanding warrant or who has fled a jurisdiction to avoid prosecution.
- Unlawful users of, or people addicted to, a controlled substance.
- Anyone formally adjudicated as mentally defective or involuntarily committed to a mental institution. Voluntary admissions do not trigger the prohibition.
- People in the country unlawfully, plus most people admitted on a nonimmigrant visa.
- Anyone dishonorably discharged from the military.
- Anyone who has renounced U.S. citizenship.
- Anyone subject to a qualifying domestic violence restraining order issued after a hearing the person had the opportunity to attend.
- Anyone convicted of a misdemeanor crime of domestic violence.
Violating the federal firearms prohibition carries up to 15 years in prison. The penalty rises to a 15-year mandatory minimum for anyone with three or more prior convictions for violent felonies or serious drug offenses under the Armed Career Criminal provision.11Office of the Law Revision Counsel. 18 USC 924 – Penalties
Getting Around the Check Is Its Own Crime
Two common workarounds carry serious federal penalties. A straw purchase is buying a gun for someone who is prohibited from buying one, or who intends to use it in a crime. Under 18 U.S.C. § 932, that offense is punishable by up to 15 years in prison and a $250,000 fine. If the weapon is later used in a felony, an act of terrorism, or a drug trafficking crime, the maximum climbs to 25 years.12Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
Lying on Form 4473 is a separate federal crime. Answering “no” to the felony question when you have a felony conviction, or falsely claiming to be the actual buyer, can be punished by up to 10 years in prison and fines up to $250,000.13Bureau of Atlantic, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
If Your Check Comes Back Denied
A denial is not the end of the road. You have the right to find out the general reason and to challenge the decision through the FBI’s Appeal Services Team, by mail, fax, or online at fbi.gov/nics-appeals. You will need your full name, mailing address, and the NICS Transaction Number or State Transaction Number from your attempted purchase. Including a set of rolled fingerprints helps when the denial reflects a records mix-up with someone who shares your name. The FBI will send the general reason within five business days of receiving the appeal, and if the record is inaccurate or belongs to someone else, the denial is overturned and you receive documentation to present to the dealer. For a delay that was never resolved, you must wait 30 days from the initial check before filing an appeal.14Federal Bureau of Investigation. NICS Guide for Appealing a Denial or Delay