Used Guns Tips: Is It Legal to Buy a Second-Hand Weapon From Store?

Buying used guns can be a significant way to save money. While it is legal to buy used guns from a store, it is important to keep in mind that all federal and state regulations will apply.

While every state has their own firearm regulations, there are some federal laws to keep in mind.

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A legal sale of used guns in a store will have to involve someone qualified to do the selling. According to the Gun Control Act of 1968, the owner of a store selling firearms has to be a Federal Firearms Licensee (FFL).

Even if you are buying used guns, the seller will still be required to conduct a background check on you before they allow you to purchase the firearm. This step is intended to prevent certain people, including felons and violent offenders, from purchasing guns.

If the store from which you are considering making a purchase is online, keep in mind that the same rules will apply online as in brick-and-mortar situations. According to the Congressional Research Service, “Internet-based firearm transactions are subject to the same regulatory scheme governing traditional firearm transactions.” Enforcement of the laws is however much more difficult with online sales.

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An important thing to consider would be the increased restrictions federal regulations place on the interstate transfer of weapons. You may not purchase a handgun in private sale from a person who is not a resident of the state in which you live. A legal transaction between states will involve a licensed FFL transferring the gun to an FFL in the state in which you live, who will then perform the necessary background check on you before allowing you to take ownership of the gun.

Another issue to consider is how to get a gun purchased in an online store into your possesion. According to the Bureau of Alcohol, Tobacco and Firearms, handguns cannot be mailed through the U.S. Postal Service, but can be mailed via contract carrier. Long-guns can be mailed within a state, but not over state lines.

This article does not constitute legal advice. Check the current gun laws before purchasing or traveling with a firearm.

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