Universal background checks continue to be an important element in firearm regulation. These checks require a background screening for all firearm purchases, including private sales, closing what is commonly called the "gun show loophole." While federal law mandates background checks only for sales by licensed dealers, universal background check laws extend this requirement to private transactions.
What Is a Universal Background Check?
Universal background checks are a relatively recent regulatory measure, with most laws enacted over the past two decades. The purpose is to require background checks on all firearm transfers—whether through a licensed dealer or private sale—by ensuring that any buyer passes the legal screening at the point of transfer. Under federal law, licensed dealers must perform background checks, but universal background check laws fill gaps by requiring checks for all firearm sales, including those conducted privately or at gun shows.
Which States Have Universal Background Check Laws?
As of 2025, 22 states and the District of Columbia have universal background check laws that go beyond federal requirements. These laws cover firearm sales across all categories—handguns, rifles, and shotguns—mandating background checks on both licensed dealer transactions and private sales.
The states requiring universal background checks include:
- California
- Colorado
- Connecticut
- Delaware
- Illinois
- Maryland
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
- District of Columbia
Pennsylvania has also recently passed legislation (House Bill 1593, 2025) closing the long-gun loophole to require background checks on all firearm sales, including private transfers of rifles and shotguns, aligning it with universal background check principles.
State Variations and Exceptions
Although these states require checks on nearly all firearm sales, some have specific nuances:
- Maryl ssachusetts, Michigan, and Illinois use permit-to-purchase systems where a background check is conducted as part of the permit process, effectively serving as a universal background check.
How Do Private Sale Background Checks Work?
In most universal background check states, private firearm sales must be conducted through a licensed firearms dealer who runs the background check through the National Instant Criminal Background Check System (NICS). The seller and buyer meet at the dealer’s location where the transaction and background check occur, including any applicable transfer fees and waiting periods.
Some states like Rhode Island and Connecticut employ alternative systems where buyers apply through local or state law enforcement agencies, which then execute the background check before allowing transfer.
Permit-to-Purchase Systems as De Facto Universal Checks
Several states require gun buyers to obtain a purchase permit or firearms ownership card after a background check, regardless of whether purchasing from dealers or private parties. This permit system creates a de facto universal background check by vetting all firearm buyers beforehand. Such states include Hawaii, Illinois, Massachusetts, Michigan, Nebraska, New Jersey, and North Carolina. Some limit this permit requirement to handguns, permitting long gun purchases with fewer restrictions.
Federal and Local Enforcement Considerations
Federal law does not mandate universal background checks, and some states do not require background checks for private sales at all. However, the gap is increasingly being closed through state legislation. States imposing universal background checks also maintain mechanisms to prevent illegal firearms transactions and ensure compliance, supporting public safety while balancing lawful gun ownership.
Conclusion
Universal background checks remain a cornerstone of many states' strategy to prevent firearm access by prohibited persons. In 2025, 22 states plus D.C. have laws requiring such checks for virtually all firearm sales.
Pennsylvania's recent legislation will further tighten this framework. Individuals engaged in private firearm sales should be aware of their state’s laws, as procedures and requirements vary, including methods of processing background checks and applicable fees or permits.