Used Guns: Is It Safe to Purchase Someone Else's Firearm?

When purchasing used guns, there are two factors to consider. First, is the gun itself safe? Second, is it legal? Both questions should be considered carefully before assuming it's safe to purchase a used firearm.

To know if used guns are safe, the first step is to be familiar with what you are buying. While buying online is legal in many cases, and there are reputable online sources for purchase, it is best to examine the gun in person before you buy. If you are worried about the safety of firing the gun, having it examined by a certified gunsmith is a good idea. He or she will be able to examine the gun and make sure it is in good working order.

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Since most private sale firearm deals will not involve a federally licensed gun seller, to be safe from prosecution make sure you follow the rules closely. According to the Bureau of Alcohol, Tobacco and Firearms, federal laws do allow the purchase of a gun from an individual seller with the following restrictions:

An individual is not allowed to sell a used gun over state lines. In order for a gun owner to transfer a gun across state lines, it must be transferred first to a Federal Firearms Licensee (FFL). If you are considering this kind of a purchase from an individual, either someone you know or a stranger, an FFL needs to be involved, otherwise you may be breaking federal laws.

A person who is not allowed under federal statutes to purchase a gun from a licensed seller will not be safe from federal prosecution just because they engage in a private purchase.

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It is best to be safe when purchasing used guns to record the purchase in a “Personal Firearms Record” that includes all identifying information on the firearm, including a serial number. This should be stored in a separate location from your gun and will help prove the gun belongs to you in the event that it is lost or stolen.

Each state also has its own ordinances governing firearm ownership and sales that should be checked before making a purchase.

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

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