How Old Do You Have to Be to Buy a Gun? Age by State

How old do you have to be to buy a gun? Federal law says 18 for a rifle or shotgun at a dealer, 21 for a handgun; 17 states and D.C. set 21.

Originally published: October 28, 2026

How old do you have to be to buy a gun is set first by federal law, which bars a licensed dealer from selling any gun to someone under 18 or a handgun to someone under 21, and then by your state, which can raise the line. Seventeen states and D.C. set 21 for a handgun from any seller. Buying under your state’s age is a crime in most states.

A first gun usually lands on a birthday or the week before deer season, which is when the age question shows up at the counter. The answer splits three ways: the gun (handgun or long gun), the seller (dealer or private party) and your state, and carry runs on its own age. The right age is the highest one that applies to the gun, the seller and the state in front of you.

How Old Do You Have to Be to Buy a Gun in Your State?

Find your row. “Federal floor” means the statutes in that row set no higher age, so the federal dealer rule (18 for long guns, 21 for handguns) is the line. A dealer still checks the federal 21 handgun rule covered below. FindLaw and LawServer mark a published copy used where the official code could not be read.

“Carry” is the youngest age to carry a concealed handgun, with or without a permit. Texas: the statute still reads 21, but a 2022 federal court ruling bars enforcing that age against 18- to 20-year-olds. Tennessee’s Department of Safety issues carry permits at 18. Click a state for its full gun-law page.

The Federal Rule

The federal line lives in 18 U.S.C. § 922(b)(1): no dealer sale of any gun to someone under 18, and nothing but a rifle or shotgun to someone under 21. ATF’s regulation, 27 C.F.R. § 478.99(b), still repeats both ages and bars any dealer sale that would break the law of the state where it happens.

Private sellers live under a different rule. Section 922(x) bars anyone from transferring a handgun to a juvenile, defined as under 18, and bars a juvenile from possessing one. The exceptions are narrow (work, ranching or farming, target practice, hunting or a safety course, with a parent’s written consent carried at all times). There is no federal age for a private rifle or shotgun sale.

What Changed for 18- to 20-Year-Olds

On January 30, 2025, the Fifth Circuit held in Reese v. ATF that the dealer handgun ban for 18- to 20-year-olds is inconsistent with the Second Amendment. The district court’s January 27, 2026 judgment blocks enforcement only in Texas, Louisiana and Mississippi, and only against the plaintiffs and their members.

On September 17, 2026, the Justice Department’s Office of Legal Counsel signed an opinion that § 922(b)(1) and (c)(1) may not be used to criminally punish dealers who sell handguns to law-abiding adults 18 to 20, and the Department announced it on September 18. It leaves the under-18 rules and the extra check time for under-21 buyers alone. The statute and regulation still read 21, so many dealers will hold the line until ATF says otherwise. (I would too, if it were my license on the wall.)

None of it overrides a state law. Florida’s under-21 purchase ban survived the Eleventh Circuit, and the Supreme Court denied review on June 30, 2026; the OLC opinion itself lists Tenth Circuit and Fourth Circuit rulings upholding Colorado’s law and the federal rule. If your row says 21, the September news changes nothing at your counter.

Can an 18-Year-Old Buy a Gun?

Yes, a rifle or shotgun in most of the country. Having worked behind the counter for over 20 years, I get asked this every fall by parents with a new hunter in tow: an 18-year-old can buy a bolt-action deer rifle at a dealer in 42 states, while California, Colorado, Delaware, Florida, Hawaii, Illinois, Rhode Island and Vermont, plus D.C., push most long guns to 21, each with its own exceptions.

A handgun is the harder question: federal law says 21 at a dealer, the Justice Department says it will not prosecute the dealer, and 18 jurisdictions say 21 on their own. Want a pistol at 19 in a state with no 21 law? A private sale from family is the path federal law allows, unless your state routes private sales through a dealer.

Private Sales and Gifts

The OLC opinion says that under federal law an 18- to 20-year-old may get a handgun as a gift or in a private in-state sale, and a parent may buy one for a child under 21. It also notes that many states restrict those transfers, naming California, Colorado and Washington. Under 18, a handgun transfer is a federal crime outside the 922(x) exceptions.

Carry Age Is a Different Number

Florida’s appeals court struck the 21 license age in Eubanks v. State on June 17, 2026, and the state’s licensing office issues licenses at 18, yet most 19-year-olds there still cannot buy a gun. Minnesota’s 21 permit age was struck in Worth v. Jacobson; Wyoming’s statute reads 18 for permit and permitless carry; Kentucky created an 18-to-20 provisional license in 2026 over a veto.

As someone who carries a firearm professionally, I can tell you the carry column is the one that gets a 20-year-old arrested on a road trip. I covered the permitless side in our list of constitutional carry states with the minimum age; our concealed carry by state hub and Can I Carry There? trip planner cover the rest.

Buying on Black Friday Under 21

Black Friday falls on November 27, 2026, and a buyer under 21 should not plan on leaving with the gun that day. Federal law gives the background check 3 business days to look for a juvenile record on anyone under 21, and 10 business days if it flags one (§ 922(t)(1)(C)). A state waiting period can sit on top. Buy early in the week.

What Happens If You Are Under Age

In Florida, buying under 21, or a dealer selling to you, is a third-degree felony. In Virginia, a buyer under 21 who purchases a handgun commits a Class 1 misdemeanor. A dealer who willfully sells against the federal age rule risks the license and up to five years in prison, as the OLC opinion notes.

Frequently Asked Questions

How old do you have to be to buy a handgun?

21 from a dealer under federal law and from any seller in 17 states and D.C. Elsewhere a private sale at 18 is allowed (19 in Alabama and New Mexico) unless the state routes it through a dealer.

Can an 18-year-old buy a gun from a dealer?

Yes, a rifle or shotgun in most states. California, Colorado, Delaware, Florida, Hawaii, Illinois, Rhode Island, Vermont and D.C. set 21 for most long guns, with listed exceptions.

Did the 2026 Justice Department decision lower the handgun age to 18?

No. It said dealers will not be prosecuted for handgun sales to law-abiding 18- to 20-year-olds, but the statute and ATF regulation still read 21, and state 21 laws still apply.

Can my parents buy me a gun if I am under 21?

Yes, under federal law a parent may buy a handgun for a child under 21, per the Justice Department opinion. Many states restrict private transfers, and under 18 a handgun transfer is limited to the federal exceptions.

Is the minimum age to carry the same as the age to buy?

No. Florida licenses carry at 18 but bars gun purchases under 21, and Kansas, Kentucky, Utah and West Virginia offer 18-to-20 provisional licenses.

Read your row, ask at the counter before you shop, and if you think an 18-year-old who can vote and serve should be able to buy a pistol, tell your legislators in writing.

Sources: State statutes: see each table row. Cornell LII, “18 U.S.C. § 922”; eCFR, “27 C.F.R. § 478.99”; DOJ Office of Legal Counsel, “Application of 18 U.S.C. § 922(b)(1) and (c)(1) to Young Adults”; DOJ Office of Public Affairs, “Federal Ban on Handgun Sales to 18-20 Year Olds”; Fifth Circuit, “Reese v. ATF”; W.D. La., “Reese judgment”; U.S. Supreme Court, “Docket 24-1185”; Fla. 4th DCA, “Eubanks v. State”; FDACS, “Concealed Weapon License”.

James Nicholas

NFA Firearms Manufacturer · Professional Gunsmith for over 20 years · Firearms Writer, Photographer and Firearms Expert. The XDMAN has a talent for taking complex firearms subject matter and breaking it down into an easy-to-understand format that all experience levels can relate to.

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