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We hope that our Shooting 101 series will provide new and prospective gun owners with the information they need to navigate the world of guns and shooting. In this installment, we’ll dive into one of the most crucial aspects of gun ownership. How to buy a firearm and what you’ll need to do to make the purchase.
How to buy a gun: First steps
We’ll begin with a few basic assumptions. First, you must be a law-abiding American who has no disqualifiers in your past. You must also live in a state that does not require you to have a permit before you can purchase a firearm.
If you live in a state that requires a permit for the purchase of a gun, you can either move to another state where you do not need a permit or you can do thorough research to avoid falling into traps.
Two different methods are available to legally obtain guns. You can buy a gun from another American who is lawful. Second, you can purchase a firearm through a Federal Firearms Licensee or gun shop.
(Photo by Jay Langston).
Guns can also be bought online from retailers who ship them to a FFL (dealer), in the buyer’s area. The FFL legally “transfers the gun” to the new owner. It is important to understand the word “transferred”. When a gun is “transferred”, it means that the owner has changed.
Unfortunately, the federal authorities recently overstepped their bounds in regards to “transfers” between lawful citizens. The Department of Justice has published a “Final Rule” which redefines who can “engage in the business” of distributing firearms.
The long and complicated rule makes it difficult to determine who can or cannot sell a firearm to another private citizen. It’s likely that the DOJ and ATF had this in mind when they published it.
We won’t recommend buying from a private seller at this time due to the complexity and difficulty of understanding the rule. Let’s look at the process of buying a firearm from an FFL.
Understanding the NICS Check
It’s not difficult to buy a gun at a firearms store. It’s not just as easy as walking into a shop, choosing a firearm, and then putting down your credit card. Every sale made by a FFL must include the National Instant Criminal Background Check. This process is required every time a person buys a firearm.
The Federal Bureau of Investigation’s NICS check is not as “instant” as its name suggests. It’s not a very laborious process, but it isn’t quick either. The FBI investigates based on answers given by the prospective buyer to questions on ATF 4473, which is the background check sheet. They also search for any criminal records of the buyer.
(Photo by iStock Photo).
The section of the form that the purchaser fills out asks for their name, address and place of birth. They also need to know their height, weight, and other basic information. It then asks a long list of yes/no questions. If you answer incorrectly, your purchase could be blocked. Don’t rush to complete them when you make a purchase.
You will be asked if you are the actual transferee. If you are indicted for a felony. If you have been adjudicated as mentally defective.
The FBI will receive the form once the FFL has completed their part and you have answered all the questions and signed the form. This can be done over the phone or via the internet (which is less common these days).
Potential Waiting Periods
Here’s the part that is uncertain. The transfer is “instant” in all states except for a few with “waiting period”. (Check your state regulations).
It’s not always fast. In most cases, you will receive a “proceeded” designation for the check very quickly – sometimes even while you are waiting. It could also be a quick “deny”.
After three business days, (holidays and weekends excluded), if the government has not completed the background check and made the “deny” or “proceed”, the FFL may proceed to transfer the gun to a purchaser.
Buy a Gun Online
When purchasing a firearm online, select the gun you want from the website. The online retailer will then ship it to a FFL in your locality to conduct the background checks in the same way as described. FFLs charge a fee to the purchaser for the time and effort they take to conduct the background check.
(Photo by Jay Langston).
You may be asked if you want to fill out the Form 4473 on paper or on a computer screen. It depends on your FFL. For those who are planning to buy their first firearm, the entire form is available on-line. It’s best to read it before you go to the gun shop. You won’t be surprised when you fill out the form. Click here to review Form 4473.
I would like to add that there is no need to be intimidated or worried by the form, FFLs handling the transfer or government employees performing background checks. It’s a federal requirement when buying a firearm from a dealer.
You can buy a gun with confidence and pride if you are a law-abiding citizen. The Second Amendment protects you as an American citizen’s right to purchase a gun.
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Keep ReadingThe article SHOOTING 101 – Understanding How to Purchase a Gun For the First Time appeared initially on Athlon Outdoors.
