Time to buy

"How hard can it be?" 
                  -Jeremy Clarkson

That question is difficult to answer based on the fact that of the 50 states in this country, every state has laws regarding how and what a citizen can purchase. For the sake of argument we will start with the easiest ways since that seems to be the sticking point and address the exceptions as we go. This is long, I apologize but it is somewhat complicated.

Form 4473

Form 4473

This is where it all begins, at least when done legally. In case it is against the law, I won't be telling you the correct way to fill out this form to get a gun, but I will give you the basic points as to what it asks and what it means.

The form 4473 (Firearms Transaction Record) is the federally required form that all purchasers must fill out when purchasing or having a firearm transferred to them through a FFL holder (Federal Firearm License). It covers the basics such as height, weight, eye color, address, race, etc. To even fill one out you must present a Government issued photo ID listing your current residence.

The critical part of the form consists of 12 or so questions. Specifically the form asks you questions regarding:

• Country of citizenship
• Your dependance on drugs or alcohol, or lack thereof
• If you have ever been convicted of a felony, or certain disqualifying misdemeanors
• Your mental capacity
• Immigration status
• And most importantly, if you're the actual buyer.

I mention the last part because if you are not the actual buyer and you are in fact buying it for someone else you're actually committing a felony 'straw purchase' which we will talk about later.

Lying on the form 4473 is considered a felony punishable by up to 5 years in prison and the revocation of your right to own a gun, essentially, for ever (being a convicted felon disqualifies you on this form).

If you meet the legal requirements presented on this form the FFL (gun dealer) will proceed to call in a NICS check. NICS stands for National Instant Criminal background check System. This system is linked to the National Crime Information Center and other databases maintained by the FBI. This system will perform an eligibility check on you, the purchaser of the firearm, to determine if you meet the federal requirements to own a gun. The NICS check will return one of three possible responses:

1. Approved-an approval number is then written on the 4473 form and the form is stored with the FFL for a period of not less than 20 years
2. Hold-A more thorough check will be conducted and the sale is placed on hold. By law the NICS has three days to determine eligibility. If three days lapse with no response the sale is approved. However if after three days it is determined that at the point of sale it should have been denied, the firearm must be retrieved
3. Deny-Exactly what it sounds like. This in and of itself is not a crime, but for any number of reasons the sale was denied. Purchasers can challenge the ruling by appealing through the appropriate legislative paths outlined in the Brady Handgun Violence Prevention Act of 1993. Denials can happen by mistaken identity (a crime was committed by a person with the same name), or because you lied on your form 4473 which again, is a felony.

If the purchaser is approved, the FFL will complete the sale and depending on the state of sale, the purchaser can then leave with their new firearm. Just like that. 

The Exceptions

Sound too easy? Well for the most part it is, provided you are a law abiding citizen with no documented mental health issues, drug/alcohol dependance or history of violence. However, different states have different rules that can make it more complicated. 

For example, in Florida a person without a license to carry a concealed weapon (CCW), must wait three business days before he/she is allowed to pickup a handgun. In Connecticut, a person without a CCW is not even allowed to drive home with their handgun (CT has certain permits and applications that must be approved both locally and on state levels that allow you to bring your handgun home, but you can't leave home with it without a CCW). Connecticut also has a law stating that anyone without a CCW must wait two weeks to pick up a long gun (rifle/shotgun) after approval. The NRA-ILA has a good breakdown of each state and their individual laws. 

Gun Show Loophole

Everyone is talking about it, but what exactly is it? The Government Accountability Office (GAO) raised concerns that gun shows provided convicted felons and other prohibited persons access to firearms without a background check. But for all intents and purposes the Gun Show Loophole is referring to Face To Face (FTF) sales where someone can buy a firearm from another private citizen without a background check, regardless of whether or not the sale is at a gun show or behind the local 7-11.

Some states do not prohibit private FTF sales of firearms, others do. A FFL holder must, repeat MUST, perform a background check regardless of sale location. Private citizens, depending on the state, do not. Connecticut for instance allows you to sell firearms privately but the transfer must be made through an FFL holder and a background check must therefore be done. Florida on the other hand has no restrictions on FTF sales, at least at the time I last lived there. 

While we are on the subject, lets clear up another misconception. You cannot, with extremely rare exceptions, walk into a gun show and buy a machine gun. Remember, the manufacture of machine guns for civilian sale was halted with the Hughes amendment in 1986. The exception being if a dealer or private citizen had one for sale at the show. Since transferable machine guns are rare, they do command prices exceeding $15,000. 

Internet Sales

Like pretty much everything else these days, you can buy guns over the internet. Whether through registered auction sites or from gun dealers in other states, anyone can order a gun. What is the catch?

All interstate sales must be completed through an FFL. Essentially you can buy any gun, provided it is legal to own in your state, and have it shipped to a local gun dealer. That dealer will then have you fill out a 4473 form and perform a NICS check. From there, the rest of the gun buying process applies, although the dealer will most likely charge you a fee. The only exception to this interstate, out of state purchasing laws, are black powder rifles which are not registered with the ATF and therefore can be shipped directly to your door.

Some quick follow up points

A CCW permit can be issued in almost any state (Illinois being the only exception). Again, depending on the state, this allows the permit holder to carry a concealed weapon or their person. Each state has laws regarding the use of said firearm and the requirements to obtain the permit. Most states require the applicant take a class (both on firearm safety and the state CCW laws) and demonstrate safe gun handling on a live fire range. Not all states have the same requirements and not all states will accept another state's permit. There has been recent attempts to standardize the permit through congress but so far nothing has been passed. Wiki has an article about the intricacies of CCW if you're interested. 

Some states require special ID cards to purchase certain firearms. NJ, IL and MA are just a few. This is in addition to a 4473 and NICS check and sometimes carry fees.

A 'Straw Purchase' is a crime by which you buy a firearm for someone else specifically someone who cannot pass, or is unwilling to submit to a background check. Even mentioning that you are buying with the intent to sell to someone will get you thrown out of a gun store (not that it is illegal since FTF sales are permitted in some states but it raises too many eyebrows and the FFL will not take the chance). Buying as a gift is a grey area which is a whole other topic.