Under federal law, new firearms may only be sold by businesses that possess a Federal Firearms License (FFL). FFL dealers are licensed by the federal government and are subject to federal, state, and local regulations. They may only offer firearms that are legal within the state, county, and city where they operate. They must also follow all laws, regulations, and rules that apply to the purchase. If your state requires a waiting period, it is the FFL dealer’s responsibility to inform you of the length of that waiting period and to enforce it. You should expect to complete all required paperwork and payment before the waiting period begins.
You will be asked to show legal proof of identity each time you purchase a firearm. In some states, FFL dealers are also required to request additional proof that a buyer is authorized to purchase a firearm. Your FFL dealer can tell you what identification may be required beyond a state-issued driver’s license or ID card. Some local jurisdictions also require buyers to purchase firearm locks, show proof that they own a gun safe, or pass a test before buying a firearm from an FFL dealer.
Federal paperwork requirements are strict and closely regulated. Many FFL dealers describe themselves as being in the paperwork business as much as the firearms business. You and the FFL dealer will complete Form 4473, either on paper or electronically. Because the dealer is responsible for keeping this form on file for many years, the dealer may charge a fee for handling paperwork related to firearms transferred to them on your behalf.
The National Instant Criminal Background Check System (NICS) is a federal system that an FFL dealer may contact during the Form 4473 process. The dealer may receive one of three responses: proceed, delay, or deny. A delay does not always result in a denial, and the dealer will let you know when or whether you may return to complete the purchase. A denial means the purchase cannot go forward. If your sale is denied, you may want to find out the reason and, if appropriate, pursue an appeal. There may also be additional transfer fees if the FFL dealer is required to contact NICS.