Can You Buy a Gun Legally Without a Background Check?

Cindy Ellis - November 21, 2022

Purchasing a gun in the United States is complicated, and every state has its own laws on how to go about it. While federal laws don’t permit someone to purchase a firearm without a background check, some states have differing laws on this. For example, the Brady Handgun Violence Prevention Act of 1994 requires gun dealers with a federal license to conduct a background check.

On the other hand, states like Alaska and Arizona have permits that function as an alternative to a federal background check. Additionally, someone who has had a background check to purchase a gun in the past might not need an updated one.

Gun laws and background checks can be a lot to understand, but we’re here to help. We’ll cover everything you need to know about buying a gun without a background check.

Universal Background Checks

Universal background checks are federal background checks for gun purchases. These laws were put in place by the federal government in 1994. It’s also worth noting that the laws vary based on handguns. For example, almost every state requires a universal background check for handguns, except for Alabama.

That said, a universal background check is simple. It’s simply a background check that looks into someone’s mental health, criminal records, and civil records. These background checks determine if someone can buy a gun in the United States.

Remember that universal background checks are complex and vary based on state law. Knowing how these background checks work in your native state is always important. Otherwise, you might have the wrong information

Below, we’ll explain what you need to know about these background checks and what they reveal.

What Information Comes Up on a Universal Background Check?

Universal background checks reveal a lot of information about someone. These background checks provide vendors with a pass-or-fail answer.

Some exceptions apply, but we’ve listed the most common data that may come up below.

• Relevant in-state criminal records (misdemeanors and felonies)
• Traffic records
• Mental health records pertaining to institutionalizations
• Records pertaining to juvenile crimes or juvenile delinquency
• Arrest warrants (past and current)
• Sex offender status
• Information about restraining orders or protective orders (past, pending, and active)

The background check will flag relevant information to determine if someone is suitable for gun ownership.

How Long Do Universal Background Checks Take?

Universal background checks are fast and easy to complete. These background checks are unique because they provide answers to gun vendors almost instantly. In fact, the average time for a universal background check to process is just over 100 seconds. Still, variation applies depending on the person.

Failing a Universal Background Check

Many things can cause someone to fail a universal background check. The most common reason for failure is mental health history and criminal background. For example, people who commit violent felonies are not permitted to purchase guns in the United States. Additionally, people with a history of domestic violence may not own firearms.

Things become more complicated on the mental health side of the background check. Ultimately, it depends on the mental illness and the status of that illness. For example, someone who has been diagnosed with dissociative identity disorder will be unable to purchase a firearm.

Can You Buy a Gun Legally Without a Background Check?

The answer is yes and no. For handguns, permits or background checks are legally required (except for Alabama). On the other hand, the purchase of certain rifles and shotguns doesn’t require a background check. Therefore, it depends on the state and type of gun you’re purchasing.

Federal Laws for Buying Guns

In the United States, the federal government creates laws that pertain to all 50 states and some territories. So while these laws apply to purchasing guns in all 50 states, there are some exceptions.

While some exceptions exist, the federal government requires background checks to purchase firearms. So, there’s a good chance you’ll have to pass a background check to buy a gun.

Brady Handgun Violence Prevention Act of 1994

When looking at federal law surrounding background checks, the Brady Handgun Violence Prevention Act of 1994 is the best place to start. Within this act, the federal government created guidelines for all federally licensed gun vendors. The act’s primary purpose is to ensure that background checks are required when someone buys a firearm.

After the act, the federal government created the National Instant Criminal Background Check System (NICS). The system keeps criminal records, medical records (for mental health), and civil court records. These records are then used to determine if someone can purchase a firearm.

Depending on the NICS check, someone is either permitted or not to purchase a gun.

State Laws About Background Checks

The federal government has guidelines for universal background checks on gun purchases. However, states don’t always have to follow these rules. Plus, many states have different laws for purchasing handguns and larger guns (long guns).

For example, states like Pennsylvania allow people to purchase a long gun without a permit or background check. But, on the other hand, in Pennsylvania, background checks and permits are required for purchasing handguns and concealed carry.

What States Require a Background Check To Buy a Gun?

Several states require you to go through a background check before purchasing a gun. States that require you to undergo a background check are found below.

• California
• Colorado
• Connecticut
• Delaware
• Maryland
• Nevada
• New Jersey
• New York
• New Mexico
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington
• District of Columbia (D.C)

These states all have clear universal background check laws.

What States Don’t Require a Background Check To Purchase a Gun?

Federal law requires gun vendors to run background checks for all handguns. However, some states have looser laws on larger weapons. These are known as long rifles or long guns. In some cases, shotguns are included in these laws.

In the following states, universal background checks are not required to buy a long gun:

• Alabama
• Michigan
• Nebraska
• North Carolina
• Pennsylvania

Also, an important note about Alabama is that even concealed carry is permitted without a background check or permit. Alabama has the most relaxed gun laws in the country.

Running a Background Check on Yourself

Before purchasing a gun, running a background check on yourself is always a good idea. Running a background check on yourself will help you know if you can purchase a gun before you attempt to buy one. In addition, doing so will save you money if you already know you won’t pass the NICS check.

How To Run a Background Check on Yourself

The best way to run a background check on yourself is to use Information.com. It is a public records database search tool that allows you to search through criminal, civil, and personal records.

Essentially, you’ll find anything about yourself that’s public record.

To run a public record search on yourself with Information.com, you need to follow a few steps.

To start, navigate to the website’s criminal records search tool. Then, enter your full name, address, phone number, and other information about yourself. From there, click the “Search” button.

Once you find yourself in the search results (it should be right at the top), open the full report to see your background check results. The full report will give you enough information to determine if you’ll pass the NICS background check.

What Information Does a Self-Background Check Reveal?

Information.com background checks are thorough and reveal a lot of information. The website combs through thousands of public records databases to give you accurate and up-to-date information about yourself.

We list the information you’ll find below.

• Criminal records
• Court records
• Traffic violations
• Sex offender status
• Date of birth
• Social media accounts
• Email addresses
• Addresses
• Phone numbers
• Dating profiles

With this information, you’ll have a good idea of whether or not you’ll pass the NICS background check.

What Are the Limitations of Self-Background Checks?

Information.com has a few limitations—the biggest drawback is that you won’t get mental health data in the report. Because mental health records are protected under several HIPPA laws and require your prior written authorization to release them, these records won’t be accessible with Information.com.

Buying a Gun Legally Without a Background Check

When you’re buying a gun in the United States, there’s a good chance you’ll need to pass a background check. This is especially true when purchasing handguns and assault-class weapons like the AR-15. Still, there are some exceptions depending on the circumstances. We always recommend staying up to date on your state’s specific laws.

That said, we recommend running a background check on yourself before purchasing a gun. The good news is that running a background check on yourself is easy when you use websites like Information.com. You’ll have access to everything that may come up on your background check when buying a gun.

So, be safe and prepare for your next purchase before you get caught off guard.