However, federal law does not extend these requirements to unlicensed sellers. This means that a person can acquire a gun online from an unlicensed seller who resides in the same state without any background check or sale record required, unless the buyer and seller reside in a state that has closed this dangerous loophole by requiring background checks on all gun sales.
In some cases, the buyer could have the gun mailed directly to his or her door. The US Postal Service, for instance, will mail unloaded long guns between individuals who are mailing the guns within the same state. Some states also place additional requirements on the purchase of firearms from out-of-state sellers.
For instance, California generally prohibits its residents from acquiring any type of firearm out of state without first having that firearm delivered to a licensed dealer located in California to process the sale, conduct the background check, and submit a sale record to state law enforcement. The strongest state laws in this area close gaps in federal law by generally requiring that all gun sales—including sales arranged or completed online—must be conducted through a licensed firearms dealer, pursuant to a background check and sale record.
Alternatively, gun buyers should be required to physically appear in person to buy a firearm and to present a firearm purchase permit that was issued by law enforcement, pursuant to a background check. States should also ensure that a state law enforcement agency receives a record of any gun sale, regardless of where the resident acquired the weapon.
Universal background checks are essential to close deadly loopholes in our laws that allow millions of guns to end up in the hands of individuals at an elevated risk of committing violence each year. The ammunition used in guns is what renders firearms truly lethal—yet ammunition sales are not subject to the same federal regulations as firearms themselves. If you buy a gun from dealer in another state, the seller will be responsible for shipping it to a licensed dealer in California.
Otherwise, you'll have to follow the rules for shipping firearms through the U. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Unfortunately, people disregard both federal law and common sense all the time when exchanging weapons across state lines.
They try shipping the weapon themselves without any special precautions, as if it were a fruitcake in that box and not a firearm. Unless a stint in federal prison is your idea of a good time, you should work through FFL holders in each state. This is how these kinds of transactions work: Uncle Harry is coming in for a visit from another state and wants to stay with his favorite nephew, Johnny, for a while.
Harry remembers that Johnny always admired his pearl-handled Colt revolver, and he decides to stow it in his suitcase and surprise Johnny with it. Just a little friendly exchange between relatives; nothing the matter with that, right? Harry is well within his rights to transfer ownership of the weapon to his nephew, but simply giving it directly to Johnny makes him a gun trafficker in the eyes of the law. Sound like a lot of hassle?
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