22 Basic Gun Law Questions Trip Up Most Americans

Gun laws across the United States continue to shift as states update regulations in different ways, making it increasingly difficult to keep track of what's allowed. While some states have expanded firearm access, others have introduced new restrictions, training requirements, or safety measures. Because most gun laws are set at the state level, the rules can vary significantly depending on where you live.

With so many changes happening across the country, even basic questions about gun ownership and use can become confusing. To help clarify things, we reviewed some of the most commonly misunderstood gun law topics and broke them down in simple terms. Since laws differ by state and are subject to change, it's always important to check local regulations, but this guide offers a clear starting point for understanding how these rules work across the U.S.

Can you legally carry a firearm on public transportation?

The answer to this question depends on the state and the public transportation system. For example, Chicago prohibits firearms on any public transportation method, and the same goes for all of Amtrak's train lines.

Are active-duty service members exempt from any gun laws that apply to civilians?

If a military member is off duty, they are required to follow all civilian gun laws. While on duty, service members must adhere to military regulations regarding firearms. Either way, there are regulations that said service members must follow.

Can someone be denied gun ownership if they have a misdemeanor conviction?

Typically, if you have been convicted of a misdemeanor for domestic violence, you would be prohibited from owning a firearm. In some states, the same restrictions apply to anyone who has been convicted of repeated DUIs or stalking. However, in other cases and states, loopholes exist and someone with a misdemeanor can own a firearm. Check your state's policies to learn more.

Are you legally able to own a machine gun in the United States?

For the most part, any machine gun manufactured before May 19, 1986, can be legally owned in the United States per the National Firearms Act. Owning these weapons would require ATF registration, an extensive background check, and a $200 tax payment. Machine guns manufactured after this date are prohibited from civilian ownership.

Can a gun manufacturer be sued if a manufactured firearm is used in a crime?

This has long been a heated legal issue, with many critics of guns saying that manufacturers should be held responsible for certain crimes. But the Protection of Lawful Commerce in Arms Act (PLCAA) protects firearms manufacturers and dealers against lawsuits. However, there are exceptions. In the case of the Sandy Hook shooting, families of the victims successfully won a lawsuit against Remington Firearms with the argument that the company's deceptive marketing tactics played a role in the shooting.

Can someone who has previously been convicted of a felony own and or carry a firearm?

This is a pretty easy one. Federal law has been in place for a while, indicating that anyone convicted of a felony in the past, regardless of the crime, is prohibited from owning a firearm. There are cases in which felons can have their gun ownership rights restored, but doing so requires significant legal work, and success varies by state.

Do you need to have a federal firearms license to sell ammunition legally?

Federal law does not currently mandate having a license to sell standard ammunition to the public. However, any seller is responsible for ensuring that a potential buyer is not restricted from owning firearms. Also, states like California mandate that a background check be undertaken for ammunition purchases.

Can you legally take a firearm across state lines?

When it comes to questions about gun laws that Americans don't know, this is the question we see most frequently answered incorrectly.Under the Firearm Owners Protection Act, an individual can transport a firearm across state lines if used for a lawful purpose and locked in a container. But anyone crossing state lines must be familiar with the laws of any state they enter, as individual state laws vary, especially around reciprocity for concealed carry permits.

Can guns be carried on a college campus?

The short answer to this question is yes, especially in places like Texas, where guns can be legally carried openly without a permit. However, this law gets significantly tighter in states like California, where firearms are strictly prohibited on college campuses unless carried by members of law enforcement.

Are there any limits on magazine capacity?

As it currently stands, 9 states and Washington, D.C. have enacted magazine capacity restrictions. In many states, the maximum allowed capacity is between 10 and 20 rounds. For example, California, Maryland, Massachusetts, New Jersey, New York, and Vermont all limit magazines to 10 rounds, while Vermont also extends this rule to handguns to just 15 rounds.

Bump stocks are frequently in the news. Are they legal?

While bump stocks are still found in the wild, they have been federally banned since 2018. The popularity of this weapon enhancement enables a semiautomatic rifle to fire rapidly, and its use has been under a microscope after being used in several mass shootings in recent years.

Can you purchase a firearm at a gun show without requiring a background check?

Per federal law, anyone with a Federal Firearms License (FFL), such as a gun store or other licensee who might sell at a gun show, must perform a background check on any buyer and keep detailed records about the sale. In Florida, licensed dealers at gun shows are required to conduct background checks for firearm sales. However, private sales between individuals at gun shows may not require a background check under current law.

Are there any restrictions on the type of ammunition a single buyer can purchase?

A buyer in the United States cannot purchase or own armor-piercing ammunition due to a federal ban. Federal law also bans handgun ammunition from being sold to anyone under 21 years of age. There are also state limitations based on magazine capacity and locations like California that require a background check on most ammunition purchases.

Can someone not in law enforcement or the military use a silencer or gun suppressor?

The short answer is yes: 42 states allow suppressors to be used in conjunction with private firearms. However, to do so, you must register under the National Firearms Act, pay a $200 tax, and submit to an even more extensive background check.

Are you legally allowed to make your firearms?

This is a tough question. The guidelines vary, but are coming under increasing scrutiny as 3D printing becomes more popular. This technology allows people to manufacture guns that can pass through metal detectors, which many people worry will become a concern for public safety. However, making firearms for personal use is legal if the individual complies with federal laws. Federal law does not require privately made firearms for personal use to have a serial number, unless they are transferred or sold. Some states have their own serialization requirements.

Are assault weapons banned nationwide?

This question often confuses many Americans, as President Bill Clinton had previously enacted a 10-year ban on assault weapons. However, this ban expired in 2004, which allowed states like New York, California, and Connecticut to enact their own restrictions on assault weapons. That being said, it is definitely possible to acquire assault weapons.

What is the current federal waiting period to purchase and own a firearm?

In terms of federal law, you don't have to worry about a waiting period. But the laws can get a little more complicated when you look state-by-state. In California, you'd have to push past a 10-day waiting period for the background check to complete, while Florida only requires a 3-day waiting period for handgun purchases.

Can you legally carry a firearm in every state?

Firearm carry laws vary widely across the United States. While all states allow some form of carrying a firearm, not all require a permit. In many states, eligible adults can carry a concealed weapon without a permit, while others still require one. Rules also differ on whether firearms can be carried openly or must remain concealed. For example, Texas allows both open and concealed carry without a permit for eligible individuals, while states like New York maintain stricter permitting and location-based restrictions.

If you walk into a gun store, how many guns can one person purchase at a time?

Federal law does not directly prohibit or restrict the number of firearms a single individual can purchase at one time. However, there's a major caveat. If you were to buy several guns at once, the shop you purchase from would have to report the sale to the ATF. Additionally, states like California now restrict buyers to a maximum of three firearm purchases per month, following a 2026 law change. So your purchasing power might be dependent on where you live.

Do you need to complete a background check if you are selling a gun privately?

Interestingly enough, no existing federal law prohibits or restricts private firearm sales without a background check being completed. However, states like California, New York, Rhode Island, Hawaii, and others have varying degrees of state-based laws that would allow for private gun transactions. In total, 22 states and Washington, D.C., have laws requiring background checks for a private transfer.

Can you purchase a gun or firearm online and ship it to your home?

Anytime a firearm is purchased online, it must be shipped to a licensed firearm dealer or gun store where a background check can be completed. Pending the background check's approval, a firearm transfer can occur to the intended buyer. Only antique firearms manufactured before 1899 can be shipped to your home.

How old must you be to purchase a handgun in the United States?

In the United States, federal law states that a minimum age of 21 is required to purchase a handgun. Strangely, the same federal laws also allow an 18-year-old to buy both a rifle and a shotgun, so gun advocates hope change the law so it's the same age for everything. In fact, the law might be changing sooner than we think. On January 30, 2025, the U.S. Court of Appeals for the Fifth Circuit ruled that the federal ban on selling handguns to people under 21 years old was unconstitutional within its jurisdiction (Texas, Louisiana, and Mississippi), but the federal law remains in effect elsewhere.