State Firearm Laws: What’s Legal Where in the U.S.

Source Hancock Law Firm: “Ask the Attorney: What is the Difference Between Being Under Arrest and Detained for Questioning,” by Joel Hancock. Published October 25, 2023.

Firearm laws in the United States are shaped by a combination of federal standards and state authority.

While federal law establishes baseline rules such as who may legally purchase or possess a firearm, states retain broad power to regulate how firearms are bought, carried, and transferred within their borders.

The result is a patchwork of laws that can vary significantly from state to state. What is legal in one jurisdiction may be restricted or prohibited in another. This guide explains the major legal differences across states and uses official data to illustrate how firearm policy and outcomes vary nationwide.

Federal Law Sets the Baseline

At the federal level, firearm regulation is governed primarily by statutes such as the Gun Control Act and the Brady Handgun Violence Prevention Act. These laws require background checks for firearm purchases made through federally licensed dealers and prohibit certain individuals, including convicted felons, from possessing firearms.

States may impose additional requirements beyond federal law, but they generally cannot authorize conduct that federal law prohibits. This federal and state structure explains why firearm policy differs so widely across the country.

Universal Background Checks and State Differences

One of the clearest differences between states involves background checks for private firearm sales.

Source: The Trace. Graphic by Chip Brownlee. Based on state firearm laws./

Some states require background checks for most or all firearm transfers, including private sales between individuals. These are commonly referred to as universal background check states. Other states require background checks only when firearms are purchased from licensed dealers, relying primarily on federal standards for private transfers.

As shown in the map above, states with universal background check laws are concentrated in parts of the West Coast, Northeast, and Upper Midwest. Much of the South and Mountain West follows the federal baseline. Supporters of universal background check laws argue they close gaps in private sales. Opponents argue enforcement challenges limit their effectiveness. Regardless of policy debate, the legal distinction depends entirely on state law.

Carrying Firearms in Public

Another major difference among states involves the public carrying of firearms.

Some states allow eligible adults to carry concealed handguns without obtaining a state issued permit. These laws are commonly referred to as permitless carry. Other states require individuals to obtain a license to carry, often involving background checks, training requirements, fees, and periodic renewal.

Among permit based states, most now operate under systems that require permits to be issued when statutory criteria are met. Even in permitless carry states, restrictions usually apply to specific locations such as schools, courthouses, and government buildings.

National Firearm Homicide Trends

While firearm laws vary by state, national trends provide important context.

Source: Centers for Disease Control and Prevention. Firearm Homicide Trends. National Center for Injury Prevention and Control.

According to data from the Centers for Disease Control and Prevention, firearm homicide rates increased sharply beginning in 2020 and peaked during 2021. Rates declined modestly during 2022 and 2023 but remained above levels observed prior to the pandemic.

The CDC chart above highlights how the increase was widespread and sustained across multiple years. These trends reflect national conditions such as social disruption and economic stress rather than the laws of any single state.

Firearm Death Rates Vary Widely by State

State level outcomes show even greater variation.

Source: Centers for Disease Control and Prevention. National Center for Health Statistics. Firearm mortality by state for 2023.

CDC data on age adjusted firearm death rates shows that some states experience firearm mortality rates several times higher than others. These figures include all firearm related deaths, including homicides, suicides, accidental deaths, and deaths involving legal intervention.

Firearm death rates are influenced by many factors beyond statutory law. These include population density, demographics, rural and urban differences, economic conditions, and access to emergency medical care. As a result, differences in outcomes cannot be attributed to any single policy in isolation.

Other Key Differences in State Firearm Laws

Beyond background checks and carry laws, states differ in several additional areas.

Some states impose waiting periods between purchase and possession. A small number require purchase permits or firearm owner identification cards. Several states restrict magazine capacity or specific firearm features. Others impose no such limits. States also differ in whether they recognize carry permits issued by other states.

For firearm owners, these differences matter most when traveling or relocating. Legal compliance depends on understanding the specific laws of each state, not just federal rules.

What the Data Shows and What It Does Not

The maps and charts used in this article provide important context but also have limitations.

Background check maps reflect legal requirements, not firearm ownership rates. Firearm homicide trends show national patterns but do not explain local causes. Firearm death rate maps include multiple categories of death and do not isolate criminal violence alone.

Understanding firearm policy requires examining law, enforcement, culture, and social conditions together rather than relying on any single dataset.

Conclusion

There is no single set of firearm laws in the United States. Instead, there is a complex system in which federal law establishes a baseline and states determine the details. The legal differences across states are significant, and the outcomes reflected in national data vary just as widely.

Understanding what is legal where, and how those laws interact with broader social factors, is essential for informed discussion about firearms in America.

ONEnetwork News Team

ONEnetwork is an independent news and analysis platform focused on public policy, civic institutions, and community impact. Our reporting draws from official statutes, government data, and publicly available research to provide clear and factual context on issues shaping public life.