Which states don't require a background check to purchase a gun?

Asked by: Lavonne Lemke Sr.  |  Last update: February 13, 2026
Score: 4.3/5 (41 votes)

While federal law requires background checks for sales by licensed dealers, many states have no additional requirements for private sales, meaning some states effectively don't require background checks in all purchase scenarios, with states like Montana, West Virginia, New Hampshire, South Dakota, Idaho, Tennessee, Georgia, Arkansas, Missouri, and Kentucky often cited as having fewer hurdles for gun buyers, although laws are complex and vary by sale type (dealer vs. private).

Are there any states that don't require background checks for guns?

Private gun sale laws differ significantly by state, impacting whether background checks are required and who can legally buy or sell firearms. Some states, like California, mandate background checks through licensed dealers for private sales, while others, like Wyoming, have no regulations.

What state is easiest to purchase a firearm?

Montana, West Virginia, New Hampshire, South Dakota, Idaho, Tennessee, Georgia, Arkansas, Missouri, and Kentucky are the easiest states in which to buy a gun.

What state does not require a background check?

Wyoming: Known for its individualistic approach, Wyoming does not mandate background checks in many scenarios, offering employers more freedom but also more responsibility in their hiring decisions. Montana: This state takes a similar approach, placing the onus on employers to decide when and how to conduct checks.

What is the most gun-friendly state?

There isn't one single "most" gun-friendly state, as rankings vary, but New Hampshire, West Virginia, Montana, Arkansas, and South Dakota consistently appear at the top for lenient laws, permitless carry (constitutional carry), and lack of sales tax on firearms, with strong protections like "stand-your-ground" laws. These states offer broad rights for lawful gun owners, with New Hampshire often cited as #1 due to its combination of permitless carry for ages 18+, no sales tax, and self-defense protections.
 

Loophole allows people to purchase guns without federal background check

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What is the hardest state to buy a gun in?

Hawaii is the #1 worst state for gun owners due to strict purchasing and carry laws, as well as defying the Supreme Court on the individual's right to carry. Massachusetts is the #2 worst state for gun owners due to its permit-to-purchase and reciprocity laws.

What states allow non-violent felons to own guns?

All states except Vermont generally restrict firearm access after a person has been convicted of a felony, mirroring federal law in this area, which generally prohibits firearm access after an individual has been convicted of a crime punishable by more than one year in prison.

What states only go back 7 years on background checks?

However, several states limit the timeframe of conviction reporting to seven years. These states include: California, Colorado, Kansas, Maryland, Massachusetts, Montana, New Hampshire, New Mexico, New York, Texas and Washington.

What industries skip background checks most often?

Industries like gig economy, retail, food service, construction, and landscaping often skip thorough background checks due to high turnover, urgent staffing needs, lower security risks, or a focus on immediate skills/reliability over past history, especially for entry-level roles. Small businesses, startups, and creative fields (freelance writing, arts) also tend to have lighter screening, prioritizing talent and project-based work, according to Remitly.
 

What state is the least gun friendly?

The 10 States With the Strictest Gun Laws

  • New York.
  • Connecticut.
  • Hawaii.
  • New Jersey.
  • Maryland.
  • Massachusetts.
  • Washington.
  • Colorado.

Can you buy guns in a state that you don't live in?

Yes, you generally can buy a handgun from a dealer in another state if you're a resident of that state, but for rifles/shotguns, federal law allows a Federal Firearms Licensee (FFL) to sell you a long gun (rifle or shotgun) if the sale complies with laws in both your state of residence and the seller's state, often requiring the FFL to ship it to an FFL in your home state for pickup. You cannot buy a handgun in another state as a non-resident; you must buy it in your home state. 

What state has the toughest gun law?

California consistently ranks as the state with the strictest gun laws, leading in comprehensive safety regulations like assault weapon bans, universal background checks, and red flag laws, followed closely by states like Illinois, Massachusetts, New York, and New Jersey. These states generally implement strong universal background checks, waiting periods, permits to purchase, and restrictions on certain types of firearms, leading to lower gun death rates compared to less regulated states.
 

How far back does a gun background check go?

A gun background check, via the FBI's NICS system, generally looks back about five years for disqualifying issues like recent drug use or addiction, but certain severe offenses (felonies, domestic violence restraining orders, etc.) are permanent prohibitions, meaning they will always disqualify you regardless of time passed, while a full fingerprint check through IAFIS can go back as far as the record exists, pulling all associated criminal history.
 

What is the gun show loophole?

The "gun show loophole" refers to a gap in U.S. law where unlicensed private sellers can sell firearms at gun shows (and online/elsewhere) without conducting federal background checks, unlike licensed dealers, potentially allowing prohibited persons (like felons, domestic abusers) to buy guns easily. While federal law requires background checks for licensed dealers at gun shows, private sellers are exempt, creating a significant path for illegal gun trafficking, though some states now require background checks for all sales. A recent Biden administration rule aims to clarify that selling guns for profit, even at gun shows, requires a license and background checks, effectively narrowing the loophole. 

Do background checks check every state?

State background checks typically only include records from within that specific state. For candidates who have lived in multiple states, employers may need to run separate state searches for comprehensive coverage.

Which state has the least strict background checks?

Montana has no law regulating consideration of criminal record in public or private employment, including the limits on application-stage inquiry by public employers that most other states have adopted.

What states are felony friendly?

These Are the States Most Likely to Hire Former Felons

  • California.
  • Colorado.
  • Kansas.
  • Maryland.
  • Massachusetts.
  • Montana.
  • Nevada.
  • New Hampshire.

How many states don't require a background check for guns?

States that Issue Permits that Qualify the Holder for an Exemption from a NICS Check. Pursuant to 18 U.S.C. § 922(t)(3), 28 states issue permits or licenses that exempt the holder from the federal background check requirement at the point of sale, referred to as Brady Permits.

What is the hardest background check to pass?

The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist. 

Does Walmart require a background check?

The background check process is an essential part of Walmart's hiring process, helping the company maintain a safe and trustworthy workforce. The checks review factors like criminal records, employment history, and drug testing, ensuring candidates meet the company's standards.

Can I go to the states if I have a criminal record?

If you have a criminal record, no matter the severity or the date of the offence, you may be refused entry to the United States.

In what states can felons get their gun rights back?

Several states, including Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon, and South Dakota, offer paths for felons to regain gun rights, often automatically or via petition after waiting periods (5-15 years post-sentence), though processes vary significantly, with some states like Texas restoring home possession rights automatically, while Wyoming restores rights for nonviolent felonies after five years, highlighting diverse state approaches to firearm rights restoration. 

When did felons lose the right to own guns?

It became federally illegal for a convicted felon to own a gun under the Gun Control Act of 1968, which prohibited individuals convicted of crimes punishable by over a year in prison from possessing firearms, building on earlier laws. While a 1934 law initially restricted violent felons, the 1968 Act expanded this ban to all felons under federal law, with subsequent laws like the Lautenberg Amendment (1996) adding domestic abusers.