What to Know About Buying or Selling Firearms

In the United States, it is relatively easy for anyone to buy or sell a weapon. In most cases, you simply have to be over the age of 18 to legally buy or possess a firearm. If you buy from a licensed firearm dealer, you will likely have to pass a background check and wait several days before the transaction becomes official. However, most people are able to pass the background check assuming that they haven’t been convicted of a felony.

Is It Too Easy to Buy a Gun?

The answer to this question will likely depend on your views on firearms and how closely they should be regulated. For some, needing a permit to carry a concealed weapon is an unlawful intrusion of their rights. For others, the ability to have a weapon on your person in any public place is an affront to their sensibilities.

Although the federal government implements basic rules as to who can buy a gun, state governments are largely in charge of deciding how guns are sold, who can buy them and what documents you must have while in possession of a firearm. Typically, states that tend to be socially conservative will have fewer laws than states that tend to be socially liberal.

For instance, Alabama allows anyone over the age of 18 to apply for a concealed carry permit without the need to take firearm safety classes or meet other requirements. However, in New York, you must complete a rigorous background check and meet other safety requirements before you can obtain a pistol or most other types of handguns.

Is It Too Easy to Sell a Gun?

Most dealers who sell new guns directly to the public must be licensed in the state in which the sale occurred. As a general rule, dealers include sporting goods stores that have gun departments, pawn shops and those who primarily sell handguns, rifles or other firearms. In states that have licensing requirements, a dealer must display its license in a prominent location at all times.

It’s important to note that private sellers do not need to be licensed. An example of a private sale would be a gun owner transferring ownership of a handgun to his or her friend. This is because the law considers this to be a secondary sale, and there is no requirement for secondary sellers to have any sort of permit. Depending on where a gun show takes place, an individual may be able to sell a gun to another person with few restrictions.

Of course, your stance on regulations for selling firearms will once again likely depend on your view on guns. If you think that anyone should be able to own a gun without restriction, you’re probably against any type of licensing requirements. If you are a proponent of gun control, you probably want more restrictions on who can sell a weapon.

Does the Law Disqualify Anyone From Buying a Gun?

Generally speaking, anyone who has been convicted of a felony is ineligible to buy a gun. This is often true whether an individual is convicted of such a crime at the state or federal level. However, you may be able to regain your right to buy a firearm if such a conviction is dropped from your criminal record.

You may also be barred from buying a gun if you are labeled as a habitual drunk or have been convicted of domestic violence. Finally, it may be impossible to buy a gun, rifle or other type of weapon if you were convicted of a drug crime.

It’s important to note that you are generally barred from buying a weapon on behalf of someone who is unable to do so legally. This is typically referred to as a straw sale, and engaging in such a sale could result in a fine, jail time or other criminal penalties.

Does the Law Disqualify Anyone From Selling a Gun?

Generally speaking, anyone who is able to successfully complete the licensing process is allowed to engage in the business of selling guns. However, depending on where your business is located, state law may limit your ability to do so if your company is classified as a thrift or pawn shop. If you are engaging in a private sale, you must not sell to anyone who you know has been convicted of a felony or under investigation for such a crime. Furthermore, you cannot sell a gun to someone who you know is too young to purchase it legally.

Assuming that you are a legal adult with a clean criminal record, you will likely be able to buy or sell a gun with few problems. If you are planning on acquiring a firearm, it’s generally a good idea to learn how to use it properly even if you aren’t required to do so. If you are planning on selling a gun, it’s always in your best interest to make sure that your customer is allowed to purchase a weapon before completing the sale.