Yes, every state uses background checks for gun sales from licensed dealers, but private or unlicensed sales still go unchecked in many states.
Many people ask, “are there background checks in every state for guns?”, especially when they think about buying a firearm while traveling or after a move. The short answer is that the rules do not match from state to state, even though federal law sets a common baseline.
Are There Background Checks in Every State for Guns? Big Picture Answer
Federal law requires licensed gun dealers in every state to run a background check through the National Instant Criminal Background Check System, usually called NICS, or through a state agency that taps into that system. That rule applies in all fifty states, the District of Columbia, and U.S. territories.
Where states split is how they handle private transfers, gun show sales by unlicensed sellers, and online deals between residents. Around twenty one states plus Washington, D.C., have what many call universal or near universal background check laws, which push many gun transfers through a licensed dealer before the buyer can take possession.
| State Category | How Checks Work | Typical Examples |
|---|---|---|
| Universal Background Check States | Dealer and many private sales must use a licensed dealer for a check. | Colorado, New Mexico, New York, Oregon |
| Permit To Purchase States | Buyers first get a permit after a check, then use that permit for later sales. | Connecticut, Hawaii, Illinois |
| Dealer Only Check States | Checks apply mainly to dealer sales, while many private transfers face no formal screening. | Texas, Florida, Georgia |
| Full Point Of Contact States | State agencies run all firearm checks with both state and federal records. | California, New Jersey, Virginia |
| Partial Point Of Contact States | State agencies handle some checks, and the FBI handles the rest. | Maryland, Nebraska, Wisconsin |
| Non Point Of Contact States | Licensed dealers call the FBI NICS center directly for each required check. | Alabama, Idaho, Utah |
| Waiting Period States | Checks pair with mandatory delays before the buyer can take the firearm home. | California, Florida, Washington |
How Federal Gun Background Checks Work Nationwide
For any sale through a federally licensed dealer, the starting point is the same in every state. The buyer fills out a federal form that asks about criminal history, immigration status, and other factors that can bar someone from owning a gun. The dealer then sends that information to NICS or to a state point of contact agency in most routine retail sales.
The FBI NICS background check system pulls data from federal and state criminal records, mental health court orders, domestic violence restraining orders, and other disqualifying records. In most cases the response comes back within minutes, either approving the sale, denying it, or placing it in a delayed status for more review.
Who Gets Checked When Buying From A Dealer
Anyone who buys a gun from a dealer who holds a federal firearms license goes through this process, no matter which state hosts the store. That includes visitors, college students, and people on temporary work assignments, as long as the sale itself is legal under both federal and state law.
There are limited exceptions. In some states, buyers who hold certain permits or licenses, such as a current permit to carry, may use that credential instead of a fresh background check for every purchase. Those permits already required a check when issued, and many states keep running checks in the background while the permit stays active.
What Records A Gun Background Check Reviews
The check looks for records that show the buyer is barred from owning a firearm, such as felony convictions, certain misdemeanor domestic violence offenses, active restraining orders, or past involuntary mental health commitments. Federal law also blocks sales to people who are under indictment for serious crimes or who are in the country unlawfully.
State Rules That Change How Often Checks Happen
Once you step away from dealer sales, state rules begin to matter much more. Some states treat nearly every gun transfer as a transaction that needs a check. Others leave many private transfers unregulated beyond the basic rule that both parties must believe the buyer can legally own a gun.
That split means that a traveler might see sharply different practices when shopping in another state, even though dealer sales always run through NICS or a state system.
States With Universal Or Near Universal Background Checks
In states that require checks for most or all firearm transfers, private sellers often must route the sale through a licensed dealer or a law enforcement office. The buyer fills out the same form used for dealer sales, and the check runs before the gun can change hands.
Research on these laws suggests that they raise the share of gun transfers that pass through a formal screening step and can reduce the number of guns that move into illegal markets or across state lines without records.
States That Follow Only The Federal Baseline
In many states, federal law is the only rule that requires a background check. Licensed dealers still run checks every time they sell a gun, yet private sellers who are not engaged in the business of dealing firearms can transfer a gun to another resident without contacting NICS.
According to ATF guidance on private firearm transfers, an unlicensed person may give or sell a gun to another resident of the same state only when that resident is not known to be prohibited, and state law may still add extra limits.
Permit To Purchase And Licensing Systems
Some states use a permit or license model instead of a check at the counter every time. Under this approach, a prospective buyer applies in advance, often with fingerprinting, background checks, and sometimes training. Once approved, the person can purchase firearms by showing that permit.
For travelers, that means an out of state permit might not work for purchases in another state, and local law can treat visiting buyers differently from residents. Dealers usually keep current charts from federal and state agencies so they can follow those rules.
When Gun Background Checks Do Not Happen
Despite the common starting point with dealer sales, gaps in background check rules remain. Those gaps do not look the same in every state, yet they follow some familiar patterns that matter for buyers and for people worried about how guns move between states.
| Scenario | States With A Required Check | States Where A Check May Not Occur |
|---|---|---|
| Private sale of a handgun between residents | Universal or permit states often send the buyer and seller to a dealer. | Dealer only check states often allow a direct handoff. |
| Rifle sale at a gun show | Some states treat these sales like store sales and require a check. | Others require checks only when a licensed dealer makes the sale. |
| Online gun sale arranged between two residents | Many universal background check states require shipment or transfer through a dealer. | In other states, buyers and sellers may meet and complete the sale privately. |
| Gift of a firearm within a family | Some states still require a check or rely on permit rules. | Others treat gifts like any private transfer. |
| Temporary loan of a hunting rifle | A few states regulate long term loans or require permits. | Many states allow short term loans with no formal check. |
| Transfer with a permit to carry | In some states, a permit takes the place of a fresh check. | In other states, dealers still run NICS for each sale. |
| Sale after a waiting period | States with waiting periods hold the gun until time and check both clear. | States without waiting periods release the gun once the check clears or the time window closes. |
Practical Tips If You Plan To Buy A Gun In Another State
Travelers sometimes plan a firearm purchase during a trip. Before you do that, read official state resources so you understand who may buy, which guns are lawful there and whether any permits are needed.
Start with your own state, then review the rules in the state where you plan to buy.
Check Official Sources Before Any Purchase
State attorney general websites and state police or public safety departments usually publish plain language summaries of firearm laws, including background check rules, permit requirements, and transport rules. Federal agencies also explain how interstate transfers must route through licensed dealers for most buyers.
Questions To Ask A Dealer Or Private Seller
When you stand at a gun counter or meet a private seller, clear questions help you stay within the law. Ask whether the person selling the gun holds a federal firearms license, how they run background checks, and which forms you must complete.
Travel, Moving, And Shipping Firearms
When travel or a move involves firearms, two questions matter: whether you may possess the gun in your new location and how you move it safely and legally. Airline rules, local transport laws, and federal restrictions on certain types of firearms can all shape your options.
Final Thoughts On Background Checks By State
So, are there background checks in every state for guns? For purchases through licensed dealers, yes, because federal law requires a check in all states through either NICS or a state agency that taps into that system. Beyond that core rule, state laws control whether private sales, gifts, and other transfers get the same level of screening.
If you travel or relocate and plan to buy or move firearms, clear information matters more than rumors. Rely on official federal and state resources, ask direct questions before any transfer, and treat background checks as a basic part of responsible gun ownership instead of a hurdle to dodge. That approach keeps you within the law and lowers the chance of unpleasant surprises during a trip safely.