Safety & Legal Information
Understanding your responsibilities as a buyer or seller
Critical Legal Notice
YOU are responsible for ensuring your transaction complies with all federal, state, and local laws. Netgats is a marketplace platform and does not provide legal advice. When in doubt, consult an attorney or contact the ATF.
Federal Law Overview
Age Requirements
- 18 years or older: May purchase rifles, shotguns, and ammunition
- 21 years or older: May purchase handguns and handgun ammunition
Prohibited Persons
Federal law prohibits firearm possession by:
- • Convicted felons
- • Persons with domestic violence misdemeanors or restraining orders
- • Fugitives from justice
- • Unlawful users of or addicted to controlled substances
- • Persons adjudicated as mentally defective or involuntarily committed
- • Illegal aliens and nonimmigrant visa holders (with exceptions)
- • Dishonorably discharged military members
- • Persons who have renounced U.S. citizenship
Interstate vs. Intrastate Transfers
Interstate (Across State Lines):
Federal law generally requires firearms transferred across state lines to go through an FFL dealer in the buyer's state. The dealer will complete required paperwork (Form 4473) and conduct a background check.
Intrastate (Same State):
Private party sales within the same state may be allowed without an FFL, depending on state law. However, many states now require background checks for all sales. Always verify your state's requirements.
State-Specific Laws
State laws vary significantly. Some states have additional requirements such as:
- •Universal background checks: Required for all transfers, including private sales
- •Waiting periods: Mandatory delay between purchase and delivery
- •Permits to purchase: Required before acquiring firearms
- •Registration requirements: Firearms must be registered with state authorities
- •Assault weapon bans: Restrictions on certain semi-automatic firearms
- •Magazine capacity limits: Restrictions on high-capacity magazines
Research Your State Laws
Before buying or selling, research both your state's laws AND the other party's state laws. States with strict laws include CA, NY, NJ, MA, CT, MD, HI, and others.
Useful resources: ATF.gov, your state attorney general's website, local gun shops, and firearms attorneys.
Seller Responsibilities
Know the Law
As a seller, you have legal obligations:
- 1.Do not sell to prohibited persons: You cannot knowingly sell to someone legally barred from owning firearms
- 2.Verify age: Ensure buyer is old enough for the type of firearm
- 3.Understand "engaged in business": Frequent sales may require an FFL license
- 4.Follow shipping laws: Use approved carriers and methods
- 5.Keep records: Some states require documentation of private sales
When Do You Need an FFL?
If you are "engaged in the business" of dealing firearms - meaning you derive income from regular firearms sales with the principal objective of profit - you must have an FFL license. Occasional sales from a personal collection generally do not require a license, but the line can be unclear. When in doubt, consult an attorney or the ATF.
Additional Resources
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Official federal resource: www.atf.gov
State Attorney General
Contact your state AG's office for state-specific guidance
Local Gun Stores
FFLs are often knowledgeable about local laws and requirements
Firearms Attorney
For complex situations, consult an attorney specializing in firearm law