State Gun Laws

The Current State of American Gun Law

Constitutional Carry & the Permitless Carry Movement

The expansion of constitutional carry represents the most significant trend in American gun law over the past decade. From just two states (Vermont and Alaska) in 2003, permitless carry has grown to 29 states as of 2026, covering 58% of the country. The acceleration has been dramatic, with 16 states adopting permitless carry between 2021 and 2024 alone. South Carolina became the most recent addition in March 2024, followed by Louisiana in July 2024.

Constitutional carry removes the permit requirement for concealed carry but does not eliminate gun laws. Carriers must still meet age requirements (typically 18 or 21), be legally eligible to possess firearms under federal law, and comply with state-specific restricted location rules. Federal gun-free zones including post offices, federal courthouses, and airports remain off-limits regardless of state carry laws. Most constitutional carry states continue to issue voluntary permits for reciprocity with other states, and many firearms instructors report that permit applications have remained steady even after permitless carry adoption.

Universal Background Check Frameworks

The private sale background check landscape continues to expand. 22 states and D.C. now require background checks for at least some private firearms transfers, up from a handful just a decade ago. These laws close what advocates call the "private sale loophole" and what the ATF identifies as the most frequent firearms trafficking channel in its investigations. The implementation varies: some states like California and New York require all transfers through an FFL, while others like Maine limit the requirement to gun show sales. Pennsylvania recently expanded its longstanding handgun-only check requirement to cover all firearms.

States use different systems to process checks. The majority rely on the FBI's National Instant Criminal Background Check System (NICS), but 13 states operate as point-of-contact states, running checks through their own databases that may include additional records not in NICS. Pennsylvania uses its own Pennsylvania Instant Check System (PICS) in addition to NICS. Illinois requires a Firearm Owner Identification (FOID) card that involves its own background check process. Understanding which system applies in your state matters because processing times, denial rates, and appeal procedures all differ.

Assault Weapon Bans & Court Challenges

The legal landscape for assault weapon restrictions is in active flux. 11 states maintain some form of ban, with Rhode Island's 2025 legislation (HB 5076) and Colorado's SB 25-3 (effective 2026) as the most recent additions. California, Connecticut, and New York have the longest-standing bans, dating to the 1990s and early 2000s, though each has been updated and expanded since. The Supreme Court's 2022 Bruen decision, which established a "text, history, and tradition" test for firearms regulations, has generated a wave of legal challenges. Connecticut's ban is currently the subject of a Supreme Court petition from gun rights groups. The outcome could reshape the legality of state-level assault weapon bans nationwide.

Red Flag Laws & Extreme Risk Protection Orders

ERPOs have expanded to 21 states and D.C., with Maine voters approving an expansion of their existing "yellow flag" law in November 2025 to allow family and household members to petition for firearm removal. Massachusetts strengthened its ERPO statute in 2024, expanding who can petition and tightening revocation provisions. Florida's red flag law, enacted after the 2018 Parkland shooting, survived legislative attempts to repeal it during the 2025 session. Indiana's red flag law predates most others, having been on the books since 2005. Implementation data from states with active ERPO statutes shows varying usage rates, with Minnesota reporting 281 judicial orders through October 2025.

2025-2026 Legislative Highlights

Colorado SB 25-3 banned the manufacture, sale, and transfer of specified semiautomatic firearms starting in 2026, along with a $5 permit requirement, mandatory training, and fingerprinting for all semi-automatic rifle and pistol purchases. Washington HB 1902 introduced a permit-to-purchase system with live-fire training, a 10-day waiting period, and annual permit renewal. California AB 1127 bans new sales of semi-automatic handguns deemed convertible to automatic operation, effectively targeting certain popular pistol models, taking effect July 2026.

On the federal level, Congress reduced the NFA tax to $0 for suppressors, short-barreled rifles, short-barreled shotguns, and any other weapons, effective January 1, 2026. Registration and background check requirements remain. Florida's open carry ban was struck down by the First District Court of Appeal in September 2025. Texas decriminalized short-barrel firearms under state law (SB 1596). Multiple states including Alabama, New Mexico, and Tennessee enacted bans on machine gun conversion devices. Virginia's 2026 session has introduced bills for a 5-day waiting period, expanded ERPO provisions, and a separate firearms excise tax.

How This Connects to Selling

Every law described above directly affects how, where, and to whom you can sell a firearm. In states with universal background check requirements, selling a rifle to a neighbor without an FFL check is a criminal offense. In states with assault weapon bans, possessing or transferring certain models can carry felony charges. Waiting period laws delay private transactions. Permit-to-purchase requirements add layers of documentation.

Selling through CashMyGuns.com eliminates all of this complexity. As a federally licensed FFL dealer operating since 2013, we handle the compliance for every state's unique framework. You submit your firearm details, receive an offer, ship with our prepaid label, and get paid. No background check coordination, no waiting period management, no permit verification, no assault weapon classification research. One process, every state, fully legal.