Buying a gun in the United States involves a series of steps and paperwork to ensure that the purchase adheres to both federal and state laws. The process can seem daunting, especially for first-time buyers. Here, we guide you through the 7 essential steps to purchasing a firearm, detailing the necessary documents and explaining what to expect.
1. Determine Eligibility
The first step in buying a gun is to make sure you are legally eligible. Here are some key points to consider:
- Age: You must be at least 18 years old to buy a rifle or shotgun, and at least 21 for a handgun.
- Criminal Record: Federal law prohibits felons from purchasing firearms. Additionally, if you have been convicted of certain misdemeanors related to domestic violence, you are also ineligible.
- Mental Health: Individuals who have been adjudicated as mentally defective or involuntarily committed to a mental institution are prohibited.
2. Choose a Federal Firearms License (FFL) Dealer
You need to buy from a licensed dealer, not from private sellers unless it’s through specific legal channels:
- Locate a dealer: Use online directories or visit gun stores in your area.
- FFL Requirement: Ensure they possess a valid FFL from the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives).
🏹 Note: Always verify the validity of the dealer’s FFL to avoid scams or purchasing from unlicensed vendors.
3. Complete the Firearm Transaction Record (ATF Form 4473)
This form, known as the ATF Form 4473, is crucial for legal gun sales:
| Section | Description |
|---|---|
| Section A | Buyer Information: Fill in your personal details including name, address, and social security number (optional but recommended for background check). |
| Section B | Answer questions related to eligibility like citizenship status and criminal background. |
| Section C | Information regarding the firearm you wish to purchase. |
4. Background Check Process
After filling out the form, the dealer submits your information for a background check through the National Instant Criminal Background Check System (NICS):
- NICS Check: This check is required for all firearm purchases from licensed dealers.
- Delay: Sometimes, the background check takes longer than a few minutes, known as a “delayed” status. You might have to come back later or even a few days later for a final result.
5. Approval, Denial, or Delay
The NICS will respond with one of these outcomes:
- Proceed: You can complete the purchase.
- Deny: You are barred from purchasing the firearm.
- Delay: This isn’t a final determination; the system needs more time for a decision.
6. Transfer and Fees
After receiving approval, you can proceed with the transfer:
- Transfer: The dealer will finalize the transfer by handing over the firearm.
- Fees: You might be charged a fee for the NICS check, as well as the price of the firearm and any additional services like gun range fees.
7. State and Local Regulations
Some states have additional requirements:
- Waiting Periods: States like California impose a mandatory waiting period.
- Firearm Registration: Some jurisdictions require registration of firearms after purchase.
Finally, it's important to familiarize yourself with the laws of your state as they can greatly impact the process. Always stay informed on legislative changes that could alter gun purchase procedures.
🚨 Note: Remember, knowledge of firearm laws is the responsibility of the buyer. Stay updated through trusted sources or legal counsel.
The journey to legally owning a gun involves understanding and complying with various regulations. This guide simplifies these steps but doesn't cover the complexities of every state's laws. Staying informed, preparing the necessary documentation, and ensuring your eligibility are the key steps to a successful and legal gun purchase.
What if I’m denied during the background check?
+
Receiving a deny means that you are not eligible to purchase a firearm at that time. You can appeal the decision by contacting the NICS E-Check system for more information on your denial.
Can I purchase a gun if I’ve had mental health treatment?
+
If you have been involuntarily committed or adjudicated as mentally defective, you are prohibited from buying a gun under federal law. However, voluntary treatment does not disqualify you from purchasing.
How long does a background check take?
+
Most background checks are completed within minutes to a few hours. However, if there’s a delay, it can take up to three business days for a final determination, after which the sale can proceed unless otherwise specified by law.
What if I move to a different state after buying a gun?
+
Your gun should be registered in the state you’re moving to if registration is required there. Also, some states have laws against bringing in firearms purchased elsewhere. Check the local regulations before moving.
Do I need to register my gun after purchase?
+
Federal law doesn’t mandate firearm registration, but some states do require you to register your gun with local law enforcement or state authorities.
