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The right to keep and bear arms is protected by the Second Amendment of the United States Constitution. There was a lack of clear federal court rulings defining the right until the U.S. Supreme Court ruled that it protects an individual's right to keep and bear arms unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home, in District of Columbia v. Heller (2008). This was followed up by the Supreme Court affirming in McDonald v. City of Chicago (2010) that the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and thereby applies to state and local laws as well as federal laws. In New York State Rifle & Pistol Association, Inc. v. Bruen (2022) the Court ruled that New York's "may issue" system of granting concealed carry licenses, requiring an individual to show proper cause or a special need, was unconstitutional.

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In 1993, the Brady Handgun Violence Prevention Act, named after a White House press secretary who was disabled during the attempted assassination of Ronald Reagan, was signed into law under the presidency of Bill Clinton. This act required that background checks must be conducted on gun purchases and established a criminal background check system maintained by the FBI.

In 1994, the Violent Crime Control and Law Enforcement Act was signed into law under the presidency of Bill Clinton, which included the Federal Assault Weapons Ban, effectively banned the manufacturing, selling, and possession of specific military-style assault weapons such as AR-15 style rifles and banned high-capacity ammunition magazines that held over 10 rounds. Banned arms that were previously legally possessed were grandfathered. The ban expired in September 2004.

In 2003, the Tiahrt Amendment proposed by Kansas Representative, Todd Tiahrt, limited the ATF to only release information from its firearms trace database to only law enforcement agencies or a prosecutors in connection with a criminal investigation.