Understanding and abiding by federal and state rules are necessary steps in the lawful acquisition of a handgun in the United States. Due to the differences in state laws, it can be relatively complicated for first-time buyers or even seasoned weapon enthusiasts. The purpose of this article is to explain the procedure and the legal prerequisites for buying a pistol.
Federal Requirements
Federal law establishes the minimum standard for the purchase and possession of handguns. The U.S. Gun Control Act of 1968 sets forth several criteria that must be met. To purchase a handgun, the buyer:
- Must be 21 years old or older.
- Must be a U.S. citizen or have a relevant status (permanent resident, for instance).
- Must not have a criminal record that includes a sentence of more than a year in jail.
- Must not be a fugitive from justice.
- Must not be an unlawful user of or addicted to any controlled substance.
- Must not have been adjudicated as mentally defective or committed to a mental institution.
- Must not have been dishonorably discharged from the Armed Forces.
- Must not be subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child.
- Must not have been convicted of a misdemeanor crime of domestic violence.
These are general requirements, and several other factors could potentially disqualify someone from handgun ownership under federal law.
State Laws
While federal laws serve as a baseline, state laws can add more layers to the process of handgun acquisition. Each state may have its own restrictions and requirements, including mandatory waiting periods, permits, background checks, and firearm registration. Some states require potential gun owners to complete a safety course or demonstrate a ‘justifiable need’ for owning a handgun.
For example, in California, handgun buyers must possess a Firearm Safety Certificate (FSC), which involves passing a written test on firearm safety. In contrast, Texas requires no permit for the purchase of handguns.
Background checks are run through the National Instant Criminal Background Check System (NICS) and verify the buyer’s firearm eligibility.
The Purchase Process
There are typically places where carrying a hidden firearm is prohibited, even with a permit. These places frequently include governmental structures, educational institutions, and private property where firearms are expressly forbidden. State-specific details will differ, so it’s important to become familiar with local legal requirements.
The typical process to purchase a handgun from a licensed firearm dealer involves the following steps:
First Steps
The whole process starts with selecting a handgun and beginning the purchasing process. At this point, you’ll need to complete ATF Form 4473. Once completed with your information, the FFL (firearms dealer) will add the make /model and serial number of the firearm you want to purchase and submit the form. This submission of ATF Form 4473 initiates a background check.
Background Check
The dealer will initiate a background check, typically through the National Instant Criminal Background Check System (NICS). The background check verifies the buyer’s eligibility to own a handgun.
Documentation
What information will you need to complete ATF Form 4473? A government-issued photo ID and your full name, address, date of birth, location of birth, weight, height, gender, county of residency, social security number (optional), and race. Additionally, there are 14 Yes or No questions that you will answer, and attest to, for determining your eligibility to purchase firearms under federal law.
