Could You Pass a Basic Gun Law Test? Most Americans Can’t

Gun laws in the United States are constantly debated and frequently changed at the federal, state, and local levels. While the Second Amendment protects the right to bear arms, individual states set many of their own firearm regulations, creating a patchwork of rules that can be difficult to track.

History Computer reviewed some of the most common questions about gun ownership and state level regulations to clarify what the law actually says. Because firearm laws vary widely depending on where you live, understanding the basics is essential before joining the debate.

Approximately one-third of Americans currently own a gun — and 40% of Americans live in a home where at least one gun is present. Guns are ingrained in American culture and identity. And yet, lackng knowledge around guns is common — and can be deadly. The rate of deadly gun violence in an area can negatively affect the economy; housing markets, local businesses, and job opportunities may decline when an area is seen as too violent. On top of that, the 36% of people who could see themselves owning a gun in the future should be concerned not only about public safety, but about the livelihoods of themselves and their families. Becoming informed about gun laws is an important part of being a safe and responsible gun owner.

Most Americans can't answer these 22 questions about gun laws: 

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, 14 states and Washington, D.C. have enabled 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, this isn't necessarily true, as you can purchase a firearm at a gun show without any background check due to a loophole known as the "gun show loophole."

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. Any gun manufactured privately must be legally registered with a serial number.

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?

Every state allows people to carry firearms under certain conditions. Anyone doing so needs a permit, like a concealed carry permit, that restricts how a weapon can be carried or displayed on one's person. For example, you can carry it openly without a permit in Texas, while New York and Florida have stricter rules.

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 do restrict handgun buyers to a single gun or rifle purchase per month. 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 guns to people under 21 years old was unconstitutional.