THE BASICS OF GUN TRANSFER LAWS

Knowing the facts about gun transfer laws can save you a lot of hassle down the road. Following are the basics on the subject. Keep in mind that the facts below apply to non-Federal Firearms License (FFL) holders engaged in casual transactions.

Who May Transfer Firearms Under the Gun Control Act (GCA)?

A person who is not legally prohibited from owning a firearm may transfer ownership to another person, so long as the person receiving the weapon is legally eligible to possess firearms. The seller can be in legal trouble if the person receiving the firearm is not legally eligible to possess firearms. Whether the seller must face prosecution depends on the following two questions:

• Did the seller know that the buyer was not legally eligible to own firearms?

• Did the seller have reason to suspect that the buyer was not legally eligible to own firearms?

If the answers to both questions is no, then the seller is not at fault. However, if the answer to either question is yes, the original owner can face severe legal penalties prescribed by federal and, in some cases, state law too.

From Whom Can An Individual Purchase A Firearm?

A person who is legally eligible to own firearms may buy a firearm from a person who is legally eligible to possess firearms, within the following restrictions:

• Regarding handguns, a person may only buy from someone in the same state.

• Regarding rifles and shotguns, a person may purchase outside his or her home state, in person, at the seller’s place of residence, and is subject to the laws of the seller’s state.

Which People May Not Legally Possess A Firearm?

People who fall under the following categories may not own or carry firearms under federal law.
• Anyone who has been convicted of a crime punishable by one year or more of imprisonment.

• Anyone who is a fugitive from legal authorities.

• Anyone who unlawfully uses or is addicted to a controlled substance.

• Anyone who has been committed to a mental care facility.

• Anyone who has been legally judged as mentally incompetent.

• Anyone who is in the United States illegally.

• Any former US citizen who has renounced his or her citizenship.

• Anyone restrained by a court order from stalking or contacting an intimate partner or the child of an intimate partner.

• Anyone who has been dishonorably discharged from any branch of the US armed forces.

• Anyone who has been found guilty of domestic violence, whether the crime was a felony or misdemeanor.

• Anyone who is an alien to the United States and is in the country legally under a non-immigrant visa.

Additional state laws may apply.

Can People Ship Firearms to Themselves Out-Of-State?

People can ship firearms to themselves out-of-state so long as they obey the following rules:

• The weapon must be shipped to a private individual who is known to the shipper.

• The package must be addressed to the weapon’s owner. For example, John Smith in Alabama may ship a hunting rifle to his friend Bob Taylor in Georgia as long as John Smith intends to use the rifle for legal purposes when he visits Georgia, and he must address the package to “John Smith in care of Bob Taylor.”

• The recipient in the other state must be legally eligible to possess firearms, and he or she must be the only person other than the shipper to open the package or handle the weapon. Following the above example, Bob Taylor can receive John Smith’s rifle as long as Bob Taylor can legally possess firearms, but only Bob Taylor or John Smith can open the package or handle the firearm.

Where Can I Find Out More About Gun Transfer Laws?

You can find out more about gun transfer laws by visiting the official website of the Bureau of Alcohol, Tobacco and Firearms (BATF). Here is the link to the correct page. And be sure to take a few minutes to find out about Dury’s products and gunsmith services by browsing the rest of our site.