Gun control is undoubtedly one of the prickliest issues in American politics. However, the regulations for obtaining guns vary from one state to another, but a few key conditions remain the same for all the states in the US. Requirements for FFL in the US are enshrined in the Constitution’s Second Amendment.
Read on to know about the legal requirements mandatory for firearm possession-
1. Minimum age required for the purchase
The Gun Control Act of 1968 (GCA) states that the legal residents and citizens ageing 18 years and above can purchase rifles, shotguns, and ammunition, but Firearms such as handguns, can only be purchased by people over 21 years of age and older.
2. Individual prohibited from possession or purchase of firearms
Fugitives, people convicted with the prison sentence exceeding a year, misdemeanours with over two years of imprisonment, individuals found guilty of using or possessing controlled substances (like marijuana) unlawfully are barred from firearms purchase. The law defining requirements for FFL has also applied restrictions on the individuals with restraining orders by courts in order to prevent threatening, stalking or harassment. In addition, people with temporary US visa, unauthorized migrants, and discharged military personnel are prohibited from firearms purchase.
3. Background check for “red flags”
As per the amended Gun Control Act of 1968 that is the 1993 Brady Handgun Violence Prevention Act, it is mandatory for the FFL holders to conduct a background check. Prospective firearm buyers need to fill out the ATF 4473- a federal form that helps in checking out the person for prior convictions. Estimated, it takes less than 10 minutes to verify the details. The FFL holder may respond with denial or approval immediately.
4. Details on permit required by states for purchasing firearms
Out of 50 US’s states, only 12 of them require permits for purchasing handguns. Of the dozen, only Hawaii, California, and Connecticut require purchase permits for shotguns and rifles. It is best for the buyers to check out requirements for FFL when looking for a firearms seller.
5. Details on permit required by states for carrying firearms
Almost all the states demand permits for carrying handguns. Open carry and concealed carry vary from state to state. Few of them allow their residents to carry handguns without permits. However, none of them requires a permit for carrying shotguns and rifles but the purchase should be made from a gunsmith who meets the requirements for FFL.
6. Purchase from a fair firearms seller
It is important for the dealers to fulfil the requirements for FFL in order to obtain the license. Only individuals ageing 21 years or above are eligible for FFL. Plus, they should have premises for running firearms sale business. However, note that there is no law
particularising as to what is constituted in the profits obtained through the sale of guns. Individual selling firearms without owning a license are punishable under the law if his/ her motive is to earn a livelihood through regular and repeated sales.
The Concluding Word
The Law permits to purchase a fire gun on behalf of a third party but only in case its considered as a gift and the recipient doesn’t violate the restrictions laid by federal government on gun ownership.