Can I Buy a Handgun Out of State?
Direct Answer:
In the United States, federal law permits individuals to purchase and own handguns, but there are specific regulations and restrictions that vary from state to state. Generally, it is legal to buy a handgun out of state, but there are some requirements and considerations you should be aware of before making a purchase.
Background Check and Waiting Period
One of the primary concerns when buying a handgun out of state is the background check and waiting period. In the United States, all firearms sales, including handguns, are subject to a background check through the National Instant Criminal Background Check System (NICS). This check is typically performed by the Federal Firearms License (FFL) holder, who is responsible for ensuring that the buyer is legally eligible to own a firearm.
Additionally, most states have a waiting period before the handgun can be transferred to the buyer. This waiting period can vary from 3 to 10 days, depending on the state’s laws.
Out-of-State Purchase Requirements
When buying a handgun out of state, you’ll need to meet the requirements of both the state where you’re buying the gun and the state where you’re a resident. Here are the general requirements you’ll need to meet:
• Background Check: Pass a background check through the NICS system.
• Residency: Establish residency in the state where you’re buying the handgun.
• Age: Be at least 21 years old (18 years old for some states) to purchase a handgun.
• Identification: Provide valid identification, such as a driver’s license or state ID.
• Tax and Fees: Pay applicable taxes and fees associated with the purchase.
Interstate Sales of Firearms
The Interstate Transportation of Firearms Act (ITFA) governs the sale and transportation of firearms across state lines. Under ITFA, individuals can transport a handgun through another state if they:
• Are legally allowed to possess the handgun in both the state of origin and the state of destination.
• Are transporting the handgun in a locked container or compartment.
• Do not pass through any state that has laws prohibiting the transportation of firearms.
Buying a Handgun Out of State: The Process
So, how do you buy a handgun out of state? Here’s a step-by-step guide:
- Find a dealer: Locate a Federal Firearms License (FFL) holder in the state where you want to buy the handgun.
- Check state laws: Familiarize yourself with the laws and regulations of both the state where you’re buying the handgun and the state where you’re a resident.
- Choose a handgun: Select the handgun you want to purchase and ensure it is legal in both states.
- Complete paperwork: Fill out the required paperwork, including the Form 4473, and provide the necessary identification and background check information.
- Pass background check: Wait for the background check to clear, and then the FFL holder will notify you that the transfer can be completed.
- Pick up the handgun: Go to the FFL holder’s location and pick up the handgun after the transfer is complete.
Table: Out-of-State Purchase Requirements
| State | Age Requirement | Background Check | Residency | Identification |
|---|---|---|---|---|
| Alabama | 21 | NICS | Yes | ID or birth certificate |
| California | 21 | NICS | Yes | ID or birth certificate |
| Florida | 21 | NICS | Yes | ID or birth certificate |
| New York | 21 | NICS | Yes | ID or birth certificate |
| Texas | 21 | NICS | Yes | ID or birth certificate |
Conclusion
Buying a handgun out of state is possible, but it requires meeting the requirements of both the state where you’re buying the gun and the state where you’re a resident. Make sure to research and understand the laws and regulations of both states before making a purchase. By following the steps outlined in this article, you can ensure a smooth and legal transaction when buying a handgun out of state.
Additional Tips:
• Always check the FFL holder’s reputation before making a purchase.
• Be prepared for additional taxes and fees associated with the purchase.
• Keep records of your purchase, including the serial number and paperwork.
Remember, buying a handgun out of state is a serious transaction that requires careful consideration and attention to detail. By following these guidelines and being aware of the laws and regulations, you can enjoy your new handgun while also ensuring public safety.
