Who Can Have a Gun Minimum Age to Purchase & Possess BROWSE STATE LAWS SHARE Minimum age laws prevent young people and those around them from falling prey to preventable gun violence and suicide.

Purchasing and possessing a lethal weapon is a serious responsibility and one that should not be taken lightly. Our country sets minimum ages for driving, voting, and drinking alcohol to encourage responsible behavior. Because young adults are at elevated risk of attempting suicide and engaging in violent behaviors, strengthening minimum age laws for purchasing and possessing guns will help protect young people and the public at large.

Background

Laws imposing minimum age requirements for the possession and purchase of firearms are intended to decrease access to firearms by young people and, correspondingly, to decrease the number of suicides, homicides, and unintentional shootings among that population. Given that young people are at elevated risk of engaging in violent behaviors against themselves or others, these laws have the potential to protect a particularly vulnerable group.

A robust body of academic literature shows that the human brain continues to develop well past the age of 21, particularly in areas that may alter a person’s likelihood of involvement in violence against themselves or others.

The parts of the brain responsible for impulse control, judgement, and long-range planning are among the last areas of the brain to fully mature, and in fact, may continue to develop until at least age 26.

The developing brains of adolescents and young adults may put them at higher risk of making risky decisions. Hormonal changes can have significant effects on self-control, decision making, emotions, risk-taking behaviors, and aggressive impulses.

The biological processes that take place during late adolescence and young adulthood can predispose individuals to riskier and more aggressive behaviors.

A study of offenders incarcerated for crimes committed with firearms found that 17% of offenders would have been prohibited from buying a gun if their state had a law that raised the minimum age to possess a handgun to 21 years.

Young people commit gun offenses in high numbers. In 2017, 36,024 young people between the ages of 10 and 21 were arrested for weapons offenses, such as illegally carrying or possessing a firearm. This group made up 28% of all arrests for weapons offenses that year.

This group made up 28% of all arrests for weapons offenses that year. Data also suggests that young people disproportionately commit gun homicides. For example, 18-20-year olds comprise just 4% of the US population, but account for 17% of known homicide offenders.

Because impulse regulation and emotional control continues to develop into the mid-20s, young people, including adolescents and people under age 21, are at elevated risk of attempting suicide.

Suicide risk is often much higher in the early stages of the onset of major psychiatric conditions, and these symptoms usually first develop in adolescence or early adulthood.

Suicide attempts that result in death or hospital treatment peak at age 16, but are at the highest rates from age 14 through age 21.

Gun access can significantly increase these risks. The association between firearm availability and suicide is strongest among adolescents and young adults.

Laws that prohibit unsupervised possession or purchase of firearms by children and young people can reduce harm among people under age 21.

One study found that state laws raising the minimum legal age to purchase firearms to 21 years were associated with a nine percent decline in rates of firearm suicides among 18-to-20-year-olds.

Controlling for other factors, unintentional firearm deaths and firearm suicides among youth (ages 0-19) also fell after the federal minimum age law was enacted.

SUPPORT GUN SAFETY We’re in this together. To build a safer America—one where children and parents in every neighborhood can learn, play, work, and worship without fear of gun violence—we need you standing beside us in this fight. $10 $20 $50 $100 OTHER DONATE

As described below, federal law and the laws in most states continue to allow unsupervised access to firearms by individuals under age 21. Additional information about laws preventing child access to firearms is included in our summary on Child Access Prevention.

Summary of Federal Law

Federal law in this area distinguishes between long guns (rifles and shotguns) and handguns, and between gun possession and gun sales. Federal law also provides stronger age restrictions for sales by licensed gun sellers.

Federal Minimum Age for Gun Sales and Transfers

Handguns Licensed firearms dealers may not sell or deliver a handgun or ammunition for a handgun to any person the dealer has reasonable cause to believe is under age 21.

Unlicensed persons may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under age 18, with certain exceptions.* Long Guns (Rifles and Shotguns) Licensed firearms dealers may not sell or deliver a long gun, or ammunition for a long gun, to any person the dealer knows or has reasonable cause to believe is under age 18.

Unlicensed persons may sell, deliver, or otherwise transfer a long gun or long gun ammunition to a person of any age.

Minimum Age for Gun Possession: Subject to limited exceptions*, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18. Federal law provides no minimum age for the possession of long guns or long gun ammunition.

*Exceptions: Federal law provides exceptions for the temporary transfer and possession of handguns and handgun ammunition for specified activities, including employment, ranching, farming, target practice and hunting.

Summary of State Law

Several states and the District of Columbia impose minimum age requirements, some of which extend beyond those contained in federal law. Those laws generally fall into four categories:

Laws imposing a minimum age for handgun or firearm purchases ;

Laws imposing a minimum age for all long gun purchases, from licensed or unlicensed sellers;

Laws imposing age requirements for possession of handguns; and

Laws imposing a minimum age for possession of long guns.

Additional information about laws preventing child access to firearms is included in our summary on Child Access Prevention.

State Minimum Age Laws* State Purchase of a Handgun Purchase of a Long Gun Possession of a Handgun Possession of a Long Gun Alabama 18 18 Alaska 18 18 16 16 Arizona 18 18 18 18 Arkansas 18 18 18 California 21 21 18 Colorado 18 Connecticut 21 18 21 Delaware 21 18 “a juvenile” District of Columbia 21 18 21 21 or 18 with parental consent Florida 21 21 18 18 Georgia 18 18 Hawaii 21 21 21 21 Idaho 18 18 18 Illinois 21 21 21 21 Indiana 18 18 18 Iowa 21 18 21 18 Kansas 18 Kentucky 18 18 Louisiana 18 18 17 Maine 18 16 for transfers, 18 for most sales Maryland 21 18 21 21 for assault weapons Massachusetts 21 18 21 15 (with parental consent) or 18 Michigan 18 for private sales, 21 for purchases from dealers 18 18 18 Minnesota 18 in cities or 14 outside cities 18 14 (with firearms safety certificate), otherwise 16 Mississippi 18 18 18 Missouri 18 18 Montana Nebraska 21 18 18 Nevada 18 18

14 (with a hunting license and parental permission) New Hampshire 18 New Jersey 21 18 21 18 New Mexico 19 New York 21 21 16 North Carolina 18 18 North Dakota “a minor” 18 Ohio 21 18 Oklahoma 18 18 18 18 Oregon 18 18 18 18 Pennsylvania 18 18 18 18 Rhode Island 21 18 18 18 South Carolina 18 18 South Dakota 18 Tennessee 18 18 18 Texas 18 18 Utah 18 18 18 18 Vermont 21 (without a hunting safety certificate) 21 (without a hunting safety certificate) 16 Virginia 18 18 Washington 21 21 (for semiautomatic rifles) 21 (for possession outside private property) 18

21 (for possession of semiautomatic rifles outside private property) West Virginia 18 18 Wisconsin 18 18 18 18 Wyoming 21 18 * Many state minimum age laws provide exceptions that allow minors to possess firearms in one or more of the following situations: in the person’s home, on the person’s property, with parental permission, for hunting, for firearm safety lessons, for target shooting, or for similar activities. Not all of these exceptions are noted in this table or in the citations.

State Laws Governing Minimum Age to Purchase and Possess Firearms

For citations to these laws, please see the chart above.

States Imposing Minimum Age Requirements for All Firearm Purchases

Although federal law prohibits licensed dealers from selling long guns to persons under 18, there is no federal regulation of the sale of long guns by unlicensed dealers to minors. Similarly, while federal law prohibits handgun sales by licensed dealers to persons under 21, unlicensed dealers are prohibited only from selling handguns to persons under 18. As listed above, many states have imposed a minimum age for the purchase of all firearms, including both handguns and long guns, regardless of whether they are purchased from a licensed firearms dealer.

States with Stricter Minimum Age Requirements for Possession of Handguns than Federal Law

Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New Mexico, New York, Washington, and the District of Columbia impose minimum age requirements for the possession of handguns which are stricter than the federal minimum of 18.

States Imposing Minimum Age Requirements for Possession of Long Guns

While federal law prohibits federally licensed firearms dealers from selling a long gun to anyone under 18, there is no federal minimum age for possession of a long gun. Twenty-three states have enacted laws to at least partially close this gap, and impose a minimum age at which persons can possess long guns. Many of these laws contain exceptions which allow younger children to possess long guns where the minor’s parent or guardian is present, or when the minor is engaged in hunting or target shooting.

GET THE FACTS Gun violence is a complex problem, and while there’s no one-size-fits-all solution, we must act. Our reports bring you the latest cutting-edge research and analysis about strategies to end our country’s gun violence crisis at every level. Learn More

Selected Local Law

New York City

In New York City, however, no person under age 21 may be granted a permit or license to purchase, possess or carry any firearm, with certain exceptions. It is also unlawful to transfer a firearm to any person under age 21 unless he or she is exempted. A person under 21 may carry, fire or use a rifle or shotgun without being subject to the permit requirement if he or she is in the presence of, or under the direct supervision of, a permit holder, or engaged in a military drill, competition, or target practice at a firing range.

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.

Minimum age of 21 is imposed for all handgun sales, from licensed or unlicensed sellers (California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New York, Ohio, Rhode Island, Vermont, and District of Columbia).

Minimum age of 18 is imposed for all long gun sales, from licensed or unlicensed sellers (23 states and the District of Columbia).

Minimum age of 21 is imposed for possession of handguns (Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New York and the District of Columbia).

Minimum age of 18 is imposed for possession of long guns (16 states and the District of Columbia).

Younger teens are allowed to possess long guns only under direct adult supervision.