In These States, Gun Buyers Can Avoid Background Checks – But Is It Good For Business?

Under U.S. law, any individual who buys a firearm through a federally licensed retailer must undergo a background check. Background checks are intended to ensure that those who pose a high risk of violence — including fugitives, convicted felons, and those who have been involuntarily committed to a mental institution — cannot obtain a firearm. Typically, background checks take less than two minutes to complete and pose virtually no burden on mentally fit, law-abiding citizens.

24/7 Wall St. Key Points:

• Under federal law, certain convicted criminals are not legally permitted to own a firearm — but legal loopholes make it relatively easy for prohibited persons to obtain firearms from private sellers. 
• While many states have expanded background check laws and closed this loophole, most have not. 
• Also: 2 Dividend Legends To Hold Forever 

Notably, however, federal background check requirements do not extend to unlicensed retailers. This loophole creates opportunities for individuals who are prohibited from gun ownership to buy firearms from gun shows or private sellers, no questions asked. This so-called “gun show loophole” results in millions of background check-free firearm transfers in the U.S. every year — and many of these guns ultimately end up in the hands of criminals.

In response, many states have implemented universal background check laws. By requiring gun buyers to obtain a permit prior to purchasing a firearm, or by requiring private sellers to conduct transactions through a licensed retailer or law enforcement, many states have closed the federal loophole for some or all firearms. Most states, however, have not.

Using data from the gun violence prevention advocacy group Giffords Law Center, 24/7 Wall St. identified firearm background check laws in every state. Background check laws noted in this story are current as of December 2024. They are not exhaustive, however, and are only broad guidelines.

Of the 50 states, 22 have expanded background check laws to help ensure gun buyers are eligible for firearm ownership, whether they are doing business with a licensed or unlicensed seller. In the remaining 27 states, it is meaningfully easier for prohibited persons to purchase a firearm.

The Giffords Law Center assigns each state a letter grade rating the strength of their firearm laws. Grades range from “A,” for the states with the strongest laws, to “F,” for the states with the weakest. Although universal background check laws represent only one of many ways states can regulate firearms, gun control laws tend to be stronger overall in states that have closed the federal background check loophole. Of the 22 states with expanded background checks, 16 have an overall gun law grade of “B” or higher. Meanwhile, 22 of the 27 states without expanded background checks have a grade of “F.” (Here is a look at the states with the most restrictive gun laws.)

Universal background check laws are designed and implemented to keep firearms out of the wrong hands and reduce the likelihood of deadly gun violence — and firearm mortality data from the Centers for Disease Control and Prevention suggest these laws may be having some effect. Of the 15 states with the lowest annual gun death rate, 13 have expanded background check laws. Similarly, 13 of the 15 states with the highest firearm mortality rates have not closed the federal gun show loophole. (Here is a look at the states where gun crime is surging.)

In addition to their public safety goals, background check laws carry significant economic implications for both the firearms industry and local economies. Enhanced regulations compel retailers, manufacturers, and even private sellers to invest in compliance technologies and training—costs that may initially challenge smaller operators but can drive market innovations and bolster consumer trust over time. States with expanded background check laws often experience improved business transparency and reduced legal liabilities, potentially lowering law enforcement and public health expenditures linked to gun violence.

Conversely, regions with weaker controls may face economic burdens from increased firearm-related incidents and associated costs, highlighting that gun policy reform is not only a public safety imperative but also a critical factor in shaping economic stability and business practices nationwide.

Why It Matters

The United States has some of the most permissive gun control laws in the world. And while federal law restricts certain convicted criminals from owning a gun, legal loopholes make it relatively easy for prohibited persons to buy a gun from private sellers. While many states have taken measures to close this loophole, most have not.

Alabama

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 25.5 per 100,000 people — 4th highest of 50 states (1,278 total)

Alaska

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 22.4 per 100,000 people — 7th highest of 50 states (164 total)

Arizona

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 20.1 per 100,000 people — 12th highest of 50 states (1,535 total)

Arkansas

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 21.9 per 100,000 people — 8th highest of 50 states (666 total)

California

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A
• Gun deaths in 2022: 8.6 per 100,000 people — 7th lowest of 50 states (3,484 total)

Colorado

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A-
• Gun deaths in 2022: 17.1 per 100,000 people — 18th highest of 50 states (1,036 total)

Connecticut

• Universal background check laws?: Yes
• Background check regulations: Permit and background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A
• Gun deaths in 2022: 6.9 per 100,000 people — 6th lowest of 50 states (252 total)

Delaware

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A-
• Gun deaths in 2022: 11.9 per 100,000 people — 12th lowest of 50 states (124 total)

Florida

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: C-
• Gun deaths in 2022: 14.0 per 100,000 people — 19th lowest of 50 states (3,232 total)

Georgia

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 19.7 per 100,000 people — 14th highest of 50 states (2,163 total)

Hawaii

• Universal background check laws?: Yes
• Background check regulations: Universal background check through permit requirement
• Gun law strength grade: A-
• Gun deaths in 2022: 4.5 per 100,000 people — 3rd lowest of 50 states (66 total)

Idaho

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 17.0 per 100,000 people — 19th highest of 50 states (338 total)

Illinois

• Universal background check laws?: Yes
• Background check regulations: Universal background check through permit requirement
• Gun law strength grade: A-
• Gun deaths in 2022: 14.4 per 100,000 people — 21st lowest of 50 states (1,798 total)

Indiana

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: D-
• Gun deaths in 2022: 17.4 per 100,000 people — 17th highest of 50 states (1,211 total)

Iowa

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 11.2 per 100,000 people — 10th lowest of 50 states (367 total)

Kansas

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 16.8 per 100,000 people — 20th highest of 50 states (492 total)

Kentucky

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 18.8 per 100,000 people — 16th highest of 50 states (840 total)

Louisiana

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 28.2 per 100,000 people — 2nd highest of 50 states (1,266 total)

Maine

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: C+
• Gun deaths in 2022: 11.7 per 100,000 people — 11th lowest of 50 states (179 total)

Maryland

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers, and permit required for all handgun sales
• Gun law strength grade: A-
• Gun deaths in 2022: 13.6 per 100,000 people — 16th lowest of 50 states (813 total)

Massachusetts

• Universal background check laws?: Yes
• Background check regulations: Permit and background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A
• Gun deaths in 2022: 3.7 per 100,000 people — 2nd lowest of 50 states (263 total)

Michigan

• Universal background check laws?: Yes
• Background check regulations: Universal background check through permit requirement
• Gun law strength grade: B-
• Gun deaths in 2022: 15.0 per 100,000 people — 24th lowest of 50 states (1,504 total)

Minnesota

• Universal background check laws?: Yes
• Background check regulations: Universal background check through permit requirements for handguns and assault weapons
• Gun law strength grade: B
• Gun deaths in 2022: 9.6 per 100,000 people — 8th lowest of 50 states (561 total)

Mississippi

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 29.6 per 100,000 people — the highest of 50 states (848 total)

Missouri

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 24.2 per 100,000 people — 5th highest of 50 states (1,489 total)

Montana

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 23.9 per 100,000 people — 6th highest of 50 states (274 total)

Nebraska

• Universal background check laws?: Yes
• Background check regulations: Universal background check through permit requirements for handguns
• Gun law strength grade: C-
• Gun deaths in 2022: 12.2 per 100,000 people — 14th lowest of 50 states (244 total)

Nevada

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: B-
• Gun deaths in 2022: 18.9 per 100,000 people — 15th highest of 50 states (618 total)

New Hampshire

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: D-
• Gun deaths in 2022: 10.1 per 100,000 people — 9th lowest of 50 states (156 total)

New Jersey

• Universal background check laws?: Yes
• Background check regulations: Permit and background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A
• Gun deaths in 2022: 5.0 per 100,000 people — 4th lowest of 50 states (468 total)

New Mexico

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: B-
• Gun deaths in 2022: 27.3 per 100,000 people — 3rd highest of 50 states (571 total)

New York

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers, and permit required for all handgun sales
• Gun law strength grade: A
• Gun deaths in 2022: 5.3 per 100,000 people — 5th lowest of 50 states (1,044 total)

North Carolina

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: C-
• Gun deaths in 2022: 16.8 per 100,000 people — 20th highest of 50 states (1,831 total)

North Dakota

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 16.4 per 100,000 people — 22nd highest of 50 states (125 total)

Ohio

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: D-
• Gun deaths in 2022: 15.6 per 100,000 people — 25th highest of 50 states (1,831 total)

Oklahoma

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 19.8 per 100,000 people — 13th highest of 50 states (797 total)

Oregon

• Universal background check laws?: Yes
• Background check regulations: Permit and background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A-
• Gun deaths in 2022: 14.4 per 100,000 people — 21st lowest of 50 states (655 total)

Pennsylvania

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers for handguns
• Gun law strength grade: B
• Gun deaths in 2022: 14.7 per 100,000 people — 22nd lowest of 50 states (1,941 total)

Rhode Island

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer of a handgun from both licensed and private sellers, and permit required for all handgun sales
• Gun law strength grade: A-
• Gun deaths in 2022: 3.1 per 100,000 people — the lowest of 50 states (37 total)

South Carolina

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 20.8 per 100,000 people — 9th highest of 50 states (1,105 total)

South Dakota

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 15.7 per 100,000 people — 24th highest of 50 states (141 total)

Tennessee

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 20.5 per 100,000 people — 10th highest of 50 states (1,480 total)

Texas

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 15.3 per 100,000 people — 25th lowest of 50 states (4,630 total)

Utah

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 13.7 per 100,000 people — 17th lowest of 50 states (446 total)

Vermont

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: B-
• Gun deaths in 2022: 12.0 per 100,000 people — 13th lowest of 50 states (84 total)

Virginia

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: B+
• Gun deaths in 2022: 14.9 per 100,000 people — 23rd lowest of 50 states (1,316 total)

Washington

• Universal background check laws?: Yes
• Background check regulations: Background check required at point of transfer from both licensed and private sellers
• Gun law strength grade: A-
• Gun deaths in 2022: 12.4 per 100,000 people — 15th lowest of 50 states (1,022 total)

West Virginia

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 16.2 per 100,000 people — 23rd highest of 50 states (311 total)

Wisconsin

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: C
• Gun deaths in 2022: 14.0 per 100,000 people — 19th lowest of 50 states (830 total)

Wyoming

• Universal background check laws?: No
• Background check regulations: Background checks only required for sales from federally licensed dealers
• Gun law strength grade: F
• Gun deaths in 2022: 20.4 per 100,000 people — 11th highest of 50 states (124 total)

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