The ammunition used in guns is what renders firearms truly lethal—yet ammunition sales are not subject to the same federal regulations as firearms themselves.
In most states ammunition can be bought online or in person with zero oversight. Ammunition background checks, minimum age laws, and other commonsense policies regulating the sale and transfer of ammunition are important ways to keep deadly power away from those who threaten the safety of others.
Without ammunition, firearms are no more dangerous than any blunt object, causing some scholars to refer to ammunition as the “actual agent of harm” in gun violence. 1
While firearm sales are subject to various federal restrictions, however, ammunition sales are not. For example, the following federal firearms laws do not apply to ammunition:
The absence of federal ammunition regulations drew national attention in the wake of the 2012 mass shooting at a movie theater in Aurora, Colorado, which left 12 people dead and 58 injured. While the shooter purchased his firearms at local gun stores, he ordered his ammunition cache—3,000 rounds each of handgun and rifle ammunition and 350 shotgun shells, as well as a 100-round magazine—from online retailers over the course of several months prior to the shooting. 5
Laws regulating the purchase and possession of ammunition help limit access by dangerous individuals. Law enforcement agencies in Sacramento and Los Angeles, California, for example, successfully used local ammunition recordkeeping ordinances to identify and prosecute criminals by comparing records of ammunition sales against records from California’s database identifying people convicted of felonies and other prohibited people.
Between January 16 and December 31, 2008, the Sacramento ordinance led to the identification of 156 prohibited persons who had purchased ammunition (124 of whom had prior felony convictions), 48 search warrants, and 26 additional probation or parole searches. In addition, the ordinance led to 109 felony charges, 10 federal court indictments, 37 felony convictions, and 17 misdemeanor convictions. The law allowed law enforcement to seize a total of 84 firearms, including seven assault weapons, and thousands of rounds of ammunition. 6
Similarly, the Los Angeles ordinance led to 30 investigations, 15 search warrants, nine arrests, and the confiscation of 24 handguns, 12 shotguns, and nine rifles that were illegally possessed between 2004 and the first half of 2006. It also resulted in 39 investigations in 2007, and at least 24 investigations in 2008. 7 A two-month study of Los Angeles’ ordinance found that prohibited purchasers accounted for nearly 3% of all ammunition purchasers over this period, acquiring roughly 10,000 rounds of ammunition. The study noted that a background check at the time of the transaction would have largely eliminated sales at retail outlets to these individuals. 8 For further details, see the description of Sacramento’s ordinance below.
The lack of strong ammunition laws in the United States also substantially impedes efforts to stop ammunition trafficking to Mexico. As one report explained, “because rounds of ammunition, unlike firearms[,] can only be used once and have a relatively shorter life span, [drug trafficking organizations] engaging in fighting are often in constant need of more rounds. As such, ammunition poses just as much or more of a threat to Mexican authorities and civilians” as firearms. 9
Americans support laws regulating ammunition sales. A survey conducted by The New York Times in 2016 found that 73% of respondents supported laws requiring background checks on purchasers of ammunition and 64% support limits on purchases of ammunition. 10
Moreover, certain types of ammunition, such as armor-piercing handgun ammunition, 50 caliber rounds, and Black Talon bullets, pose a particular danger to the public and to law enforcement, and serve no legitimate sporting purpose. Strict controls on the manufacture, transfer, and possession of these types of ammunition can help promote public safety. Further details about particular types of ammunition are included in the state law section below.
Ammunition serialization is a law enforcement tool that could assist in solving gun-related crimes. A system implementing ammunition serialization or coding would require manufacturers to stamp a unique microscopic code or serial number on all bullets and cartridge cases. 11 At the time of purchase, the code or serial number would be recorded along with the purchaser’s information by a licensed dealer. Later, when a bullet or cartridge case is found at a crime scene, the bullet or spent cartridge could be quickly traced back to the purchaser. This would aid law enforcement investigations into shooting crimes and deter the use of guns in these crimes.
Microstamping laws, which require all firearms to be designed so that they each imprint a unique alpha-numeric code on the cartridge case when they are fired, are also an excellent law enforcement tool. California’s microstamping law went into effect on May 17, 2013. For more information, see our summary on Microstamping & Ballistics.
For decades, federal law regulated firearms and ammunition similarly.((The federal Gun Control Act of 1968 imposed a series of regulations on ammunition manufacturers, dealers and purchasers—including dealer licensing and recordkeeping requirements, as well as a ban on interstate mail-order sales—but most of these provisions were repealed by Congress in 1986 at the behest of the NRA. 12
While none of these provisions has been reenacted by Congress, several proposals to regulate ammunition, including some that would require background checks, impose taxes on ammunition sales, or require sellers to report the sale of a certain volume of ammunition to single purchaser, have been introduced over the past several decades. In the wake of the Aurora shooting, Senator Frank Lautenberg (D-NJ) and Representative Carolyn McCarthy (D-NY) introduced legislation to restore federal regulation of ammunition sales. The Stop Online Ammunition Sales Act would require ammunition dealers to be licensed and to maintain ammunition sales records. Under the proposal, dealers would also be obligated to report large volume sales and buyers would be required to present photo identification when purchasing ammunition. 13 At present, however, federal law governing ammunition is limited to a prohibition on sales to and purchases by certain categories of persons, and a prohibition on the manufacture, importation, and sale of armor-piercing ammunition.
Federal laws that disqualify people from accessing firearms based on certain criminal or other histories also apply to ammunition. For a list of these prohibitions, see our summary on Firearm Prohibitions. Federal law does not require ammunition sellers to conduct background checks to determine if a prospective ammunition purchaser is disqualified from buying ammunition, however.
Federal minimum age laws governing firearms also apply to ammunition used for those firearms. For further details, see our summary on the Minimum Age to Purchase & Possess. Federal law does not require ammunition sellers to verify that a prospective purchaser is of legal age to purchase or possess ammunition.
Federal law requires any person engaged in importing or manufacturing ammunition to obtain a license from the Attorney General. 14 Federal law also requires anyone engaged in the business of importing, manufacturing, or selling firearms to obtain a license. 15 For the information about the licensing of firearms dealers, see our summary on Gun Dealers. Federal law does not require a license to sell, purchase, or possess ammunition.
We’re in this together. To build a safer America—one where children and parents in every neighborhood can learn, play, work, and worship without fear of gun violence—we need you standing beside us in this fight.
Federal law prohibits the manufacture, importation, sale, or delivery of armor-piercing ammunition, with very limited exceptions. 16 Licensed dealers are prohibited from “willfully” transferring armor-piercing ammunition. 17 Federally licensed dealers, to the extent they may transfer armor-piercing ammunition, must keep a record of any transfer. 18
Armor-piercing ammunition, sometimes referred to as metal-piercing ammunition, is ammunition that is designed primarily to penetrate metal or armor, including body armor commonly worn by police officers. Under federal law, armor-piercing ammunition is defined as any projectile or projectile core that may be used in a handgun and that is constructed entirely from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. 19 In addition, armor-piercing ammunition is defined as a full jacketed projectile “larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile.” 20
Six states have enacted laws regulating ammunition sales and requiring purchasers to pass a background check in order to buy ammunition. Two states, California and New York, have passed laws requiring point-of-sale background checks on ammunition purchasers, in a manner similar to background checks conducted on firearm purchasers (although New York’s has not yet gone into effect). Four other states (Connecticut, Illinois, Massachusetts, and New Jersey) require individuals to obtain a relevant license or permit, after passing a background check, in order to purchase or possess at least some types of ammunition.
Some other states restrict access to ammunition by people who are legally disqualified based on their age, criminal history, or other factors, or require certain safety training to qualify to purchase ammunition.
New York enacted a groundbreaking law in 2013 to require every “commercial transfer” of ammunition, including sales by firearms dealers and other ammunition vendors, to be preceded by a background check through a statewide license and record database. The law will become effective 30 days after the State Police certify that the statewide database is operational, 21 but still has not gone into effect nearly one decade later.
In November 2016, California voters overwhelmingly approved Proposition 63, which included comprehensive reforms to ammunition sales in the state, including a requirement that ammunition sellers conduct point of sale background checks beginning in July 2019. 22 California’s law generally requires all ammunition sales, including mail order sales and sales between unlicensed parties, to be processed by or conducted through a licensed ammunition vendor who will conduct the background check. 23
Four states (Connecticut, Illinois, Massachusetts, and New Jersey) require individuals to obtain a license to purchase or possess at least some types of ammunition and require license applicants to pass a background check in order to qualify for the license. Illinois requires residents to obtain a valid Firearm Owner’s Identification (FOID) card before they can lawfully purchase or possess firearms or ammunition. 24 Massachusetts also requires a firearm permit or license to purchase or possess ammunition, with different types of licenses entitling the holder to purchase and possess different kinds of ammunition. 25 New Jersey generally prohibits any person from acquiring any handgun ammunition unless the person presents a valid firearms purchaser identification card or a permit to purchase a handgun. 26 In 2013, Connecticut enacted a law that authorizes a state agency to issue “ammunition certificates,” and prohibits the sale or transfer of ammunition unless the transferee presents a firearms purchase or carry permit or an ammunition certificate. Ammunition certificates are issued by the state after a background check, and must be renewed every five years. 27
As of December 31, 2022, Rhode Island requires anyone purchasing ammunition to have a valid handgun safety certificate or Rhode Island hunter education course card to purchase ammunition. 28 No background check is required to obtain either.
DC also generally prohibits the possession of ammunition unless the person is at a firearm safety class or possesses a registration certificate for a firearm. Licensed dealers may generally transfer ammunition only to the registered owner of a firearm of the same caliber or gauge as the ammunition, or to a nonresident of the District who provides proof that the weapon is lawfully possessed and is of the same gauge or caliber as the ammunition to be purchased. 29
For further information about these and other laws requiring gun owners or purchasers to obtain a license, see our summary on Licensing.
As described above, California’s law generally requires ammunition vendors to obtain a license in order to sell ammunition. 31 Massachusetts requires anyone selling ammunition to obtain a license, 32 and DC requires all persons who regularly engage in the business of selling ammunition to obtain a license. 33 New Jersey requires anyone selling ammunition to have a valid firearms purchaser identification card or permit to purchase or carry a handgun. 34 New York requires anyone engaged in the business of selling ammunition to register with the State Police, unless he or she already has a firearms dealer license. 35 Washington requires firearms dealers to obtain a license to transfer firearms and ammunition, 36 and Maryland requires any person engaging in the business of “loading or reloading small arms ammunition” to obtain a license. 37
Since July 1, 2019, licensed ammunition vendors in California have been required to process ammunition sales and to report sale records to the state department of justice, which maintains a database of ammunition sale records for law enforcement purposes. 38 DC requires ammunition dealers to keep a record of all ammunition received into inventory and/or sold or transferred, including the brand and number of rounds of each caliber or gauge and the registration certificate number of the firearm for which the ammunition is purchased. The records are subject to inspection by the police department on demand. All transfers must be made in person, and the purchaser is also required to sign a receipt which is maintained by the dealer for one year. 39 New Jersey requires ammunition sellers to create and maintain, and – in the case of handgun ammunition, electronically transmit-, records of ammunition sales. 40 The law that New York enacted in 2013 also imposes a sales record-keeping requirement regarding all ammunition, and requires that records of ammunition sales be transmitted to the State Police, which may maintain these records for up to one year. 41
DC prohibits licensed ammunition dealers from displaying any ammunition in windows visible from a street or sidewalk, and all ammunition must be kept in a securely locked place except when being shown to a customer. 42 Minnesota prohibits the display of centerfire metallic-case handgun ammunition for sale to the public in a manner that makes the ammunition directly accessible to persons under age 18, unless the display is under observation of the seller or the seller’s employee or agent, or the seller takes reasonable steps to exclude underage persons from the immediate vicinity of the display. 43 California law also prohibits licensed vendors from displaying ammunition in a manner that allows it to be accessible to the public without the assistance of an employee. 44 Delaware law prohibits firearms licensees who sell ammunition from displaying or making ammunition available in a manner that allows individuals access to the ammunition without the assistance of the licensee or their employee. 45
Other Requirements: In California, licensed ammunition vendors are required to report the loss or theft of any ammunition from their inventory to law enforcement, 46 and employees will be required to pass a background check in order to handle or sell ammunition. 47
The following jurisdictions have enacted laws to legally disqualify people from purchasing or possessing ammunition based on criminal history or other conduct. 48 These laws vary in their approach, with some states only prohibiting someone from knowingly providing ammunition to these individuals, and other states generally prohibiting the purchase or possession of ammunition by the individual.
The following states restrict access to ammunition by most or all people who are legally ineligible to possess firearms.
States with an * have stronger eligibility criteria for firearm possession than for ammunition possession
