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There are different age requirements for buying guns in the U.S. that depend on the type of weapon, seller and location of the sale.
People must be at least 21 years old to buy a handgun from a federally licensed firearms dealer. For other firearms, including AR-15-style semi-automatic rifles, the required age drops to 18, in most states.
States can set higher minimum age restrictions for firearm sales, and some have.
Historically, handguns are used in connection with crime far more frequently than rifles. But semi-automatic firearms have become the weapon of choice in prominent mass shootings.
In most states, an American can buy an AR-15 style semi-automatic rifle after their 18th birthday.
Law enforcement officials say that’s what happened about a month ago in Texas, when Salvador Ramos purchased AR-15-style rifles and ammunition from federally licensed firearms dealers just days after he turned 18. On May 24, he used those weapons to kill 19 students and two teachers at Uvalde’s Robb Elementary School.
In more than 40 other states, it is possible for someone as young as Ramos to purchase an AR-15.
Mass shooters younger than 21 used AR-15-style rifles for attacks in Newtown, Connecticut, in 2012; Parkland, Florida, in 2018; and Buffalo, New York, in May 2022. A National Institute of Justice study found that 77% of people who commit mass shootings "purchased at least some of their guns legally."
At the same time, the age limit to buy handguns in many states and at the federal level is higher, at 21 years old.
The bipartisan gun legislation that President Joe Biden signed into law June 25 did not raise the minimum age for buying semi-automatic rifles. But it increased scrutiny for gun buyers under 21 during background checks, requiring a review of whether the buyer has a juvenile record that would disqualify them from buying a gun. It gives authorities 10 business days to examine state juvenile justice and mental health records.
So why does federal law require you to be 21 to purchase a handgun, but not a long gun like an AR-15?
Experts say that’s because handguns are the most common firearms used in crimes involving guns. Rifles and other long guns are more associated with hunting.
"Historically, rifles and shotguns have not been subject to the kind of strict regulations that handguns, large knives and brass knuckles have been," said Brennan Gardner Rivas, a historian and researcher of Texas firearm regulations. "All of those smaller, concealable deadly weapons almost universally ... were targeted with penal statutes."
John Deloca, owner of Seneca Sporting Range, prepares to load bullets in his 9mm semi-automatic handgun for a shooting demonstration at his gun range on June 23, 2022, in New York. (AP)
Most of the gun laws in question were enacted in the 1960s, before weapons like AR-15s became "a mainstay of gun culture," said Ari Freilich, the state policy director for the Giffords Law Center, a gun control advocacy group.
Here’s an overview of federal laws setting age requirements for gun purchases and how they collide with state policies that vary across the country.
Federal law regulates handgun sales differently than sales of shotguns and rifles, including AR-15-style rifles. (Over the years, "AR-15" has become an umbrella term that is colloquially used for a variety of semi-automatic rifles.)
Under federal regulations, it is unlawful for licensed firearms importers, manufacturers, dealers and collectors to sell firearms or ammunition to someone who is younger than 18.
The law goes a step further in regulating handguns. It says if the licensed dealer wants to sell or deliver firearms "other than" a shotgun or rifle, or ammunition for those weapons, then the buyer must be at least 21 years old.
Simply put, this means that licensed dealers cannot sell handguns to people under 21 and cannot sell long guns, including AR-15s, to people under 18.
An AR-15 style rifle manufactured by Battle Rifle Co. is displayed in Webster, Texas on March 15, 2017. (AP)
Anyone repetitively buying and selling firearms for profit must be licensed by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Along with the minimum age restrictions, licensed dealers must meet other standards, such as maintaining records of their sales and conducting background checks on a person buying a gun.
Not everyone who sells guns has a federal firearms license. A person who inherited a collection of firearms and decides to sell the weapons, for example, is not required to be licensed. And experts say that some people who should be licensed are not.
"It has been well documented that there are many people who do repeatedly sell guns for profit that should have a license under this standard, but don’t — often folks who sell a lot of guns online," Freilich said.
There was a ban on the sale of a variety of assault weapons, including some AR-15-style weapons, from 1994 to 2004. But when that law expired, semiautomatic rifles such as AR-15s were "treated just the same as bolt-action hunting rifles," meaning licensed dealers under federal law are permitted to sell them to people age 18 or older, Freilich said.
States can set higher minimum age restrictions for firearm sales, and some have.
Following the recent deadly mass shootings at a supermarket in Buffalo, a medical center in Tulsa, Oklahoma, and Robb Elementary School in Uvalde, lawmakers in Rhode Island raised the legal age to purchase firearms to 21.
New York Gov. Kathy Hochul, a Democrat, also signed a law June 6 requiring people to obtain a license before they can buy semi-automatic rifles. To obtain a license, people must be at least 21 years old.
Florida, under Republican leadership, raised the minimum age for all firearms purchases to 21 just weeks after a gunman shot and killed 14 students and three faculty members at Marjory Stoneman Douglas High School in Parkland on Feb. 14, 2018.
In total, eight states — California, Florida, Hawaii, Illinois, New York, Rhode Island, Vermont and Washington — have increased the minimum age a person can purchase a long gun to 21, according to Giffords Law Center to Prevent Gun Violence data.
Magaly Newcomb, right, comforts her daughter Haley Newcomb, 14, a student at Marjory Stoneman Douglas High School, at a memorial outside the school in Parkland, Florida, on Feb. 18, 2018. (AP)
In contrast, some states have laws on the books that set the minimum age restriction for purchasing a handgun at 18 — rather than the federal minimum age of 21, when buying from a licensed dealer.
If a licensed gun dealer sold a handgun to a 19 year old — a violation of federal law — in a state where the minimum age to purchase a handgun is 18, prosecutors such as U.S. attorneys or the FBI could prosecute that violation in federal court.
"The state can’t prevent application of the federal law, and so in order to comply with the federal law, you’d have to comply with the stricter version," Freilich said.
Sixteen states also require firearms dealers to get a state-issued dealer license, which can come with specific restrictions, according to Giffords Law Center to Prevent Gun Violence data.
In addition to age restrictions, federal law prohibits certain people from possessing firearms or ammunition, including people who have been convicted of felonies or those who are subject to an active court order that prevents them from stalking or harassing an intimate partner.
"The reality is, if you’re a member of a prohibited category, you lawfully cannot buy a gun from anyone," said Jaclyn Schildkraut, interim executive director of the Regional Gun Violence Research Consortium. But, in practice, if you’re not purchasing a gun from a federally licensed dealer, "it is far more gray."
An unlicensed seller is not required to run a background check to determine whether a buyer is a member of a prohibited category, she said.
"These unlicensed sellers are generally restricted from selling or delivering handguns to people under 18," Freilich said. "And there are no federal … minimum age restrictions on unlicensed people selling and delivering rifles or shotguns to people under 18."
For buyers who believe or know they would fail a background check, he said, these unlicensed sellers are an attractive source of weapons.
"Essentially, it’s like walking into an airport and you have the choice between going through a security line and just walking on the plane," Freilich said.
Interview with Ari Freilich, the state policy director for the Giffords Law Center to Prevent Gun Violence, June 22, 2022
Interview with Jaclyn Schildkraut, the interim executive director of the Regional Gun Violence Research Consortium at the Rockefeller Institute of Government, June 23, 2022
Interview with Brennan Gardner Rivas, a historian and researcher of Texas firearm regulation, June 22, 2022
Email interview with Erik Longnecker, a spokesperson for the Bureau of Alcohol, Tobacco, Firearms and Explosives, June 24, 2022
Texas Tribune, "Why 18-year-olds can buy AR-15s in Texas but not handguns," May 26, 2022
U.S. Code, "18 USC 922: Unlawful acts," accessed June 23, 2022
Texas Statutes, "Title 10. Offenses Against Public Health, Safety, And Morals: Chapter 46. Weapons," accessed June 23, 2022
The New York Times, "In Florida, an AR-15 Is Easier to Buy Than a Handgun," Feb. 15, 2018
The New York Times, "AR-15 Rifles Are Beloved, Reviled and a Common Element in Mass Shootings," June 13, 2016
Quartz, "We ordered the same gun used in Uvalde. Here’s how easy it was," May 26, 2022
Congressional Research Service, "Federal Firearms Laws: Overview and Selected Legal Issues for the 116th Congress," March 25, 2019
RAND Corporation, "The Effects of Minimum Age Requirements," April 22, 2020
Pew Trusts, "Rhode Island Raises Rifle-Purchasing Minimum Age to 21," June 22, 2022
WBUR, "Rhode Island governor signs 3 gun control bills into law," June 22, 2022
Giffords Law Center To Prevent Gun Violence, "Minimum Age to Purchase & Possess," accessed June 23, 2022
Giffords Law Center To Prevent Gun Violence, "Firearm Prohibitions," accessed June 23, 2022
NRA Blog, "Buying and Selling a Firearm: What is an FFL?" Feb. 23, 2016
Reuters, "Florida governor signs gun-safety bill into law after school shooting," March 9, 2018
NBC News, "17 killed in mass shooting at high school in Parkland, Florida," Feb. 14, 2018
South Florida Sun Sentinel, "Gov. Rick Scott signs sweeping gun bill; NRA files suit," March 9, 2018
Rhode Island Monthly, "Governor McKee Signs New Legislative Package to Strengthen Rhode Island’s Gun Laws," June 23, 2022
The New York Times, "Gunman Kills 10 at Buffalo Supermarket in Racist Attack," May 14, 2022
ABC News, "At least 4 dead, multiple people injured in shooting at Tulsa, Oklahoma, medical building: Police," June 2, 2022
NPR, "Where AR-15-style rifles fit in America's tragic history of mass shootings," May 26, 2022
CBS News, "What makes the AR-15 style rifle the weapon of choice for mass shooters?" May 29, 2022
Bureau of Alcohol, Tobacco, Firearms and Explosives "Do I need a license to buy and sell firearms?" accessed June 27, 2022
The New York Times, "A Disturbing New Pattern in Mass Shootings: Young Assailants," June 2, 2022
Axios, "Mass shooters are getting younger," June 2, 2022
PolitiFact, "Fact-checking Sen. Chris Murphy on the ages of mass shooters," May 25, 2022
Justice.gov, "Quick reference to federal firearms laws," accessed June 28, 2022
Bureau of Alcohol, Tobacco, Firearms and Explosives, "Identify Prohibited Persons," accessed June 27, 2022
The Guardian, "Most Americans can buy an AR-15 rifle before they can buy beer," Feb. 16, 2018
Bureau of Alcohol, Tobacco, Firearms and Explosives, "May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same state?" accessed June 28, 2022
New York State Governor Kathy Hochul, "Governor Hochul Signs Landmark Legislative Package to Strengthen Gun Laws and Protect New Yorkers," June 6, 2022
4 NBC New York, "21 to Buy: New York Raises Age to Own Semiautomatic Rifle," June 6, 2022
NBC News, "7 states have raised the purchase age for semi-automatic rifles. Advocates want Congress to force the other 43," June 8, 2022
Giffords Law Center To Prevent Gun Violence, "Waiting Periods," accessed June 28, 2022
Washington Post, "Gunman bought two rifles, hundreds of rounds in days before massacre," May 25, 2022
The Hill, "The legal ages for buying a gun in the US," May 18, 2022
Fast Company, "Some states want to raise the age for assault rifle purchases. Would that curb mass shootings?" June 3, 2022
Rand Corporation, "The Effects of Minimum Age Requirements," April 22, 2020
NPR, "The Buffalo and Uvalde mass shootings have put some gun raffles on pause, for now," June 3, 2022
CNN, "What we know about Buffalo supermarket shooting suspect Payton Gendron," June 2, 2022
The Washington Post, "Young men, guns and the prefrontal cortex," June 3, 2022
New York Times, "What Do Most Mass Shooters Have in Common? They Bought Their Guns Legally," May 16, 2022
KVUE, "Texas school shooting: Gov. Abbott gives update from Uvalde on State’s response | KVUE," May 25, 2022
CBS, "Texas gun laws allow 18-year-olds to buy AR-15s, the weapons used in Uvalde shooting," May 26, 2022
The New York Times, "Gun in Texas Shooting Came From Company Known for Pushing Boundaries," May 28, 2022
Bureau of Alcohol, Tobacco, Firearms and Explosives, "State Federal Firearms Listings," accessed June 30, 2022
Associated Press, "22 mass shootings. 374 dead. Here’s where the guns came from," May 27, 2022
National Institute of Justice, "Public Mass Shootings: Database Amasses Details of a Half Century of U.S. Mass Shootings with Firearms, Generating Psychosocial Histories," Feb. 3, 2022