Federal Gun Laws: The National Firearms Act and Gun Control Act

The National Firearms Act (1934)

The NFA, now at 26 U.S.C. §§ 5801–5872, taxes and registers certain weapons. Under § 5845(a), they include short-barreled shotguns (barrel under 18 inches) and rifles (barrel under 16 inches), machineguns, silencers, destructive devices and “any other weapons.” Each must be registered in the National Firearms Registration and Transfer Record (§ 5841), and it is unlawful “to receive or possess a firearm which is not registered to him” in that record (§ 5861(d)).

For decades, transfers and making carried a $200 tax. A 2025 law, Pub. L. 119-21, reduced that tax to $0 for NFA items other than machineguns and destructive devices. Registration and approval are still required.

The Gun Control Act (1968)

The GCA, 18 U.S.C. §§ 921–931, sets up federal firearms licenses (FFLs) for dealers, manufacturers and importers. It also lists who may not possess firearms, limits interstate transfers and requires dealer records. Its definitions, including “firearm,” are in § 921. Under § 922(b)(1), a licensed dealer may not sell a long gun to anyone under 18, or a handgun to anyone under 21. In Reese v. ATF (5th Cir. 2025), however, a federal appeals court held the handgun age limit for 18-to-20-year-olds unconstitutional, and the government did not seek Supreme Court review.

Bump stocks and parts kits

We hold that a semiautomatic rifle equipped with a bump stock is not a “machinegun” because it cannot fire more than one shot “by a single function of the trigger.”

Garland v. Cargill, 602 U.S. 406, 415 (2024)

Cargill was decided under the statute, not the Second Amendment. Similarly, in Bondi v. VanDerStok, 604 U.S. 458 (2025), the Court held that ATF’s 2022 “frame or receiver” rule “is not facially inconsistent with the GCA,” so some weapon parts kits, often called “ghost guns,” can count as firearms.

This guide explains the law in general and reports what courts have held. It is not legal advice. Firearm laws change often and differ by state and city, so check the current law where you are.

Researching federal gun laws in your state

To research federal gun laws for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• supremecourt.gov
• supremecourt.gov

Related reading on Lawtopolis:

• Who Cannot Own a Gun: Prohibited Persons Under 18 U.S.C. § 922(g)
• Gun Background Checks and NICS
• Second Amendment Supreme Court Cases: Heller to Wolford