Background Checks

Last reviewed November 1, 2026

Background Checks: Where It Stands in 2026

Every sale by a federally licensed dealer requires a background check through the FBI’s National Instant Criminal Background Check System (NICS), in place since November 30, 1998 under the Brady Act, unless the buyer holds a qualifying state permit. If NICS cannot reach a decision within three business days, federal law allows the dealer to proceed. The Bipartisan Safer Communities Act (signed June 25, 2022) added an enhanced check of juvenile and mental health records for buyers under 21 that can extend the wait to up to 10 business days.

Warning: maps are habit forming. Next stop, 2A Maps

How this map is researched, from statute to state note: How We Research.

The biggest federal fight of the last two years was over private sales. The 2024 ATF “engaged in the business” rule tried to push universal background checks through regulation by redefining who counts as a dealer. A federal court in the Northern District of Texas vacated the entire rule on June 12, 2026, and denied ATF’s request to save parts of it on August 13, 2026. ATF has separately proposed (May 6, 2026) to rescind the rule. Federal law still does not require checks on private sales between residents of the same state.

States are another matter. Since the 2021 list on this page, Delaware, Michigan (effective February 13, 2024), Minnesota (2023, for handguns and certain semi-automatic firearms) and Maine (2024, for advertised sales) have required checks on at least some private sales. Virginia’s private-sale checks resumed July 1, 2026 after a Lynchburg court lifted its injunction. California’s ammunition background check was struck down by a Ninth Circuit panel in July 2025, but the full court agreed in December 2025 to rehear the case.

Key Facts

• NICS launched November 30, 1998; the default-proceed window is three business days (18 U.S.C. 922(t)).
• Under-21 buyers: enhanced checks of up to 10 business days under the Bipartisan Safer Communities Act (2022).
• NSSF-adjusted NICS checks, a proxy for retail gun sales, totaled 14,612,314 in 2025, down 4.1% from 2024.
• June 12, 2026: 2024 “engaged in the business” rule vacated in full (N.D. Tex.); ATF’s own rescission proposal was issued May 6, 2026.
• Rhode v. Bonta (California ammunition checks): panel ruled against the law in July 2025; en banc rehearing granted December 2025.

What Gun Owners Should Know

• If you are wrongly delayed or denied, request the reason and file an appeal with the FBI NICS Section or your state point of contact; the FBI’s Voluntary Appeal File can help prevent repeat delays.
• Before a private sale, check your state law; in a universal-check state the sale usually has to go through a dealer.
• Selling across state lines always requires a dealer in the buyer’s state.
• Keep a bill of sale for private transfers, and verify the buyer is a resident of your state and not prohibited.
• Related pages: the 4473, 18 yr vs. 21 yr Age and Court Cases. Questions can go to Ask Gun Questions.com.

Sources

• FBI: NICS Firearm Checks by Month/Year
• ATF: Definition of “Engaged in the Business” Rule and 2026 Revision
• NRA-ILA: Engaged in the Business Rule Again Ruled Illegal (Aug. 2026)
• NRA-ILA: Ninth Circuit Grants En Banc Rehearing in Rhode v. Bonta

Background and Resources

A 2021 original. Its background checks out: drawn by real humans, no robots in its past.

States with Universal Background Checks

• California
• Colorado
• Connecticut
• Hawaii
• Illinois
• New Jersey
• New Mexico
• New York
• Massachusetts
• Nevada
• Oregon
• Puerto Rico
• Rhode Island
• Vermont
• Virginia
• Washington D.C.
• Washington

Hand-built in 2021. No background check was needed to make it, just a human and a lot of clicking.

States with their own additional Background Check:
WA, OR, CA, NV, UT, CO, IL, TN, VA, FL, PA, NJ, CT, HThe third map in a row from 2021. By this point the humans needed a break, so the robots eventually took over.