Understanding U.S. Firearms Laws

You can legally purchase a Ruger Mark IV online, but having it shipped directly to your door is a federal felony. This is the first and most critical rule of U.S. firearms law: all modern firearm transfers between residents of different states must go through a Federal Firearms License (FFL) holder in the purchaser’s state for a background check. Ignorance of this isn’t a defense. Your responsibility starts with knowing the Federal Gun Control Act of 1968, the National Firearms Act of 1934, and your own state’s code.

The Federal Foundation: GCA, NICS, and NFA

The Gun Control Act (GCA) of 1968 is the bedrock. It prohibits certain persons from possessing firearms—felons, unlawful drug users, those adjudicated mentally defective, and others. It mandates that anyone “engaged in the business” of dealing firearms must be licensed (an FFL). This is why Americans Gun and every other legitimate retailer must ship your new firearm to a local FFL for pickup. The National Instant Criminal Background Check System (NICS) is the tool FFLs use to screen buyers. A “proceed” is required before the transfer. Then there’s the National Firearms Act (NFA). This governs Title II weapons: machine guns, short-barreled rifles (SBRs) and shotguns (SBSs), suppressors, and “any other weapons” (AOWs) like pen guns. Purchasing these requires submitting an ATF Form 4, paying a $200 tax stamp, and waiting for approval, which currently takes about 9 months. You cannot simply buy a Thompson Center Encore pistol and attach a stock without first registering it as an SBR.

State Laws: The Real Patchwork

Federal law sets the minimum; your state defines your daily reality. This is where “preemption” matters. In states with strong preemption, like Texas, state law overrides local ordinances, creating consistency. In others, like Colorado, cities like Denver and Boulder can enact their own bans on “assault weapons” or magazines over 15 rounds. California has its roster of “handguns certified for sale,” its own assault weapons ban (AWCA), and a 1-in-30-day purchase limit. New York requires a permit just to purchase a pistol. Maryland has its handgun roster and bans on specific rifles by name. You must research your state’s laws on permits, registration, banned features, magazine capacity limits, and transportation rules before you buy. A firearm legal at Americans Gun’s warehouse may be illegal to possess in your city.

Transfers, Transportation, and “Constructive Possession”

Legally transferring a firearm to another individual is a minefield. For interstate transfers, an FFL is always required. For intrastate private sales, it depends. In “universal background check” states like Washington, all transfers must go through an FFL. In other states, private sales between residents are permitted. Never assume. Transportation laws also vary. Federally, the Firearm Owners’ Protection Act (FOPA) provides limited protection for unloaded, locked firearms transported directly through restrictive states, but it’s not a blanket shield. “Constructive possession” is a key legal doctrine. If you own an AR-15 lower receiver and a 14.5″ upper, but no registered SBR stamp, you cannot have both in the same vehicle or home where they could be easily assembled into an illegal SBR. They must be stored separately. This applies to parts kits and accessories you might find at Americans Gun.

What Isn’t a “Firearm”? Airguns, Antiques, and Muzzleloaders

Not every projectile weapon is regulated as a firearm. This is crucial for new shooters or those in restrictive states. Federal law defines a firearm as a weapon that expels a projectile by an explosive. Therefore, most airguns, like the Crosman Comrade AK Air Rifle, are not federally regulated. However, some states and cities (like New York City) do regulate them. Antique firearms (manufactured pre-1899) and replicas thereof are also generally exempt from federal regulation. Muzzleloading firearms, like those using a Thompson Center breech plug or cap and ball system, are typically not considered “firearms” under the GCA, though they may be under state law. You can often have these items shipped directly. Always verify state laws, as California, for example, regulates some muzzleloaders during hunting season.

Staying Compliant: Your Action Plan

Compliance is non-negotiable. First, bookmark your state police website’s firearms section. Second, use the ATF’s state law references, but know they aren’t always current. Third, consult with a local attorney specializing in firearms law for complex questions. Before purchasing any firearm from Americans Gun or elsewhere, confirm it is legal in your jurisdiction. For FFL transfers, know your chosen FFL’s policies and fees before you order. When traveling, research the laws of your destination, any states you pass through, and your method of travel (airlines have specific rules). Finally, understand prohibited places: federal buildings, schools (with limited exceptions), and private property where posted. The onus is always on you, the gun owner, to know and follow the law.

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Last updated: April 15, 2026