2A law & court cases
Two Laws That Shaped the Modern Landscape
The National Firearms Act of 1934 and the Gun Control Act of 1968 still define much of how Americans buy and own firearms. Here is what each one did, in plain English.
2A Digital · May 2026 issue ·
Most Americans who buy a firearm from a store never think about the federal framework behind the transaction. Yet two laws passed decades apart — the National Firearms Act of 1934 and the Gun Control Act of 1968 — set up much of that framework. Understanding them is a good foundation for any reader who wants to follow Second Amendment law today.
The National Firearms Act was passed during the Prohibition-era wave of concern over organized crime. Rather than banning items outright, it used Congress's taxing power: it imposed a tax and a registration requirement on certain categories, including machine guns, short-barreled rifles and shotguns, and silencers. Those items are still commonly called "NFA items."
In United States v. Miller (1939), the Supreme Court considered a challenge involving a short-barreled shotgun under the NFA. The Court declined to find that the Second Amendment protected that particular weapon, reasoning that it had no evidence the weapon had a reasonable relationship to a well-regulated militia. Miller was the Court's main Second Amendment decision for nearly seventy years.
The Gun Control Act of 1968 created much of today's retail system. It established the federal firearms licensing system — the FFL dealers most buyers deal with — and generally channeled interstate sales of firearms through licensed dealers. It also defined categories of people prohibited from possessing firearms and required firearms to carry serial numbers.
Later laws built on that foundation, including the Firearm Owners' Protection Act of 1986 and the Brady Act of 1993, which led to the National Instant Criminal Background Check System used by dealers today. Each has its own history and its own debates, and courts continue to hear challenges to various provisions.
None of this is legal advice. Federal rules interact with state and local laws that vary widely and change often. If you have a question about a specific item, transfer or situation, speak with a licensed attorney or consult official federal and state resources before acting.
Rather than banning items outright, the 1934 law used Congress's taxing power — and those items are still called "NFA items" today.
Educational content only — not legal advice. Laws on firearms, carry, transport and self-defense vary by state and change; confirm current rules with a licensed attorney or official state resources. Always follow the universal firearm safety rules and train with a qualified instructor.