State Gun Laws

Buying a gun from a licensed gun seller

Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to check whether the person can legally buy, have, and transport guns or explosives.¹

If the abuser was convicted of a felony or a domestic violence misdemeanor in any state or territory, or if they have a qualifying protection order against them, these records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This can make it harder to do a complete criminal background check. Sometimes, criminals and abusers might slip through the system.

Buying a gun from a private seller or online

Someone who wants to buy a gun from a private or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.

Note: Just because someone was able to buy a gun doesn’t always mean it is legal for them to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a protection order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan.

¹ FBI website