Can You Buy a Gun Without a License? Federal and State Rules

No, you do not need a license to buy a gun under federal law. There is no national permit, card, or credential you have to obtain before walking into a gun store. What federal law requires is that you pass a background check at the point of sale, meet the minimum age for the type of firearm, and not fall into any of the categories of people banned from owning guns. Some states add a purchase permit or firearm owner’s card on top of that federal baseline, so the complete answer depends on where you live and whether you’re buying from a dealer or a private individual.

How Old You Have to Be

Federal law sets two age floors, and they depend on the type of gun and the type of seller. A licensed dealer cannot sell a rifle or shotgun to anyone under 18, and cannot sell a handgun to anyone under 21.¹ In a private sale between two individuals, federal law prohibits selling a handgun to someone under 18 but sets no minimum age for long guns. Many states set higher minimums, particularly for rifles and shotguns.

Buyers between 18 and 20 face extra scrutiny in the background check. Under the Bipartisan Safer Communities Act, the FBI’s system contacts state juvenile justice repositories, mental health records custodians, and local law enforcement when the buyer is under 21. If those searches flag a potentially disqualifying record, the FBI has up to 10 business days to investigate before the sale can proceed.¹

What Happens When You Buy From a Dealer

Every purchase from a federally licensed firearms dealer follows the same core process, regardless of state. You fill out ATF Form 4473, which collects your personal information and asks eligibility questions designed to screen for prohibited buyers.² A false statement on the form is a federal crime punishable by up to five years in prison.³

You need a valid government-issued photo ID showing your name, photograph, and date of birth. If the ID does not show your current address, the dealer can accept a second government-issued document that does, such as a voter registration card, vehicle registration, or hunting license.⁴ Active-duty military members whose ID lacks a home address can use official orders showing a permanent duty station in the state where the dealer is located.

The Background Check

Once the form is complete, the dealer runs your information through the FBI’s National Instant Criminal Background Check System, called NICS.⁵ The system checks your record against criminal history, mental health commitment records, and other disqualifying information. It returns one of three results:

Proceed. No disqualifying record was found, and the dealer can complete the sale.
Denied. A prohibiting record was identified, and the sale is blocked.
Delayed. The system needs more time to research a potentially matching record.

If the FBI does not resolve a delay within three business days, federal law allows the dealer to complete the sale at their discretion.¹ This is sometimes called a “default proceed.” Not every dealer will finalize a sale on that basis, but the law permits it. For buyers under 21, the enhanced review described above runs before the three-day window opens.

Buying From a Private Seller

This is where most people are really asking whether a license is required. When neither the buyer nor the seller holds a federal firearms license, the federal background check requirement does not automatically apply. A private seller has no federal obligation to run a NICS check, fill out a Form 4473, or keep records of the transaction.

Federal law still imposes hard limits on private sales, though. A private seller cannot sell a firearm to anyone they know or reasonably suspect is a prohibited person.¹ Private sales must also happen between residents of the same state. If the parties live in different states, the transaction has to go through a licensed dealer.

There’s also a line between casual sellers and unlicensed dealers. The Bipartisan Safer Communities Act of 2022 broadened the definition of who counts as a dealer: anyone selling firearms primarily to earn a profit needs a federal firearms license and has to run background checks.⁶ The statute distinguishes profit-motivated selling from thinning a personal collection or selling inherited guns. ATF regulations issued in 2024 tried to define the line with specific presumptions, but a federal court enjoined them and they are not being enforced.⁷ The underlying statute still applies.

More than 20 states and the District of Columbia require background checks on most or all private firearm sales. In those states, a private transfer typically has to run through a licensed dealer, who charges a fee and processes the same NICS check and Form 4473. If you live in one of those states, buying from a neighbor functionally looks the same as buying from a store.

States That Do Require a Purchase Permit

A handful of states require you to obtain a state-issued permit or identification card before you can buy a firearm at all. These go by different names depending on the state: Permit to Purchase, Firearm Owner’s Identification Card, and similar labels. The common thread is a separate application through state or local law enforcement that involves its own background check, and sometimes fingerprinting and safety training.

Getting the permit can take anywhere from a few days to several weeks. In these states, the practical answer to whether you need a license is yes. Not a federal license, but a state credential that functions as one. You still have to clear the federal background check at the point of sale even if you already hold the state permit, although some states allow a valid permit to substitute for the NICS check.

Several states also impose mandatory waiting periods between purchase and possession, ranging from a few days to more than a week, and these apply whether or not you hold a permit. State law may also restrict specific firearms or accessories that federal law allows, such as certain semi-automatic rifles or magazines above a set capacity. These rules vary widely and change often enough that checking your state’s current law before a purchase is worth the effort.

Who Cannot Buy a Gun at All

Federal law establishes categories of people who cannot buy or possess any firearm. These rules apply nationwide and override state law that would otherwise allow a purchase. Under 18 U.S.C. § 922, you are barred from having a firearm if you:¹

Have a felony conviction, meaning any conviction for a crime punishable by more than one year in prison, whether or not you actually served that long.
Are a fugitive from justice.
Currently use illegal drugs or are addicted to a controlled substance.
Have been involuntarily committed to a mental institution or judicially found mentally incompetent.
Received a dishonorable discharge from the military.
Have renounced U.S. citizenship.
Are in the country unlawfully.
Are subject to a qualifying domestic violence restraining order issued after a hearing.
Have a misdemeanor domestic violence conviction.

One more restriction applies to people under indictment for a felony. They aren’t required to give up guns they already own, but they cannot receive or buy new ones while the indictment is pending.¹ A prohibited person who possesses a firearm anyway faces up to 10 years in federal prison, with a 15-year minimum without parole for anyone with three or more prior convictions for violent felonies or drug trafficking offenses.⁸

If Your Background Check Is Denied

NICS denials are not always accurate. Mistaken identity, outdated records, and data entry errors can wrongly flag a legitimate buyer. If you are denied, you can challenge the result directly with the FBI. The process is free and can be started online or by mail.⁹

You’ll need the transaction number from the denied check, which the dealer can provide. You can upload fingerprints and supporting documents showing that the record triggering the denial is inaccurate or doesn’t apply to you. The FBI is required to respond within 60 calendar days with either a reversal, a decision to sustain the denial, or a notice that review remains unresolved.

If you experience repeated false denials or chronic delays, the FBI offers a Voluntary Appeal File. Once approved, you receive a Unique Personal Identification Number that you provide on future Form 4473 submissions, which helps the system distinguish you from whoever’s record is causing the false match. The application requires fingerprints and takes roughly two months, with no fee.¹⁰

1
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
2
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF Form 4473 – Firearms Transaction Record Revisions
3
Office of the Law Revision Counsel. 18 USC 924 – Penalties
4
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Identification of Transferee / Firearms Transaction Record
5
Federal Bureau of Investigation. Firearms Checks (NICS)
6
Legal Information Institute. 18 USC 921(a)(22) – Definition of To Predominantly Earn a Profit
7
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Definition of Engaged in the Business as a Dealer in Firearms
8
United States Department of Justice. Quick Reference to Federal Firearms Laws
9
Federal Bureau of Investigation. Challenges / Appeals – Requesting Reason for and/or Challenging a NICS-Related Denial
10
Federal Bureau of Investigation. Voluntary Appeal File