Yes, buying a pistol online is legal, but the seller cannot ship it to your home. Federal law requires every online handgun purchase to move through a Federal Firearms Licensee, known as an FFL, located in your state of residence. You pay online, the retailer ships the pistol to your chosen dealer, and you finish the transaction in person with ID, paperwork, and a background check.
Why the Pistol Ships to a Dealer, Not to You
Two federal rules shape the entire process. First, a licensed dealer cannot sell or deliver a handgun to anyone who does not live in the state where the dealer’s shop is located.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts The limited exception that lets rifles and shotguns sometimes transfer across state lines in person does not extend to handguns. That means the FFL receiving your online purchase must be in your home state, even if the seller is across the country.
Second, pistols and other concealable firearms are nonmailable through the U.S. Postal Service, with narrow exceptions for licensed dealers and certain law enforcement or military shipments.2Office of the Law Revision Counsel. 18 U.S. Code 1715 – Firearms as Nonmailable; Regulations Online retailers use private carriers instead. UPS, for example, requires handguns to ship by next-day air with an adult signature, and the outside of the package cannot identify the contents as a firearm.3UPS. How To Ship Firearms
How the Purchase Works, Start to Finish
Line Up a Local FFL First
Before you check out on any firearms site, call a nearby gun shop and ask whether they accept transfers from online purchases. Confirm the transfer fee and ask whether they will email a copy of their license to the seller, or whether you need to arrange that. Most shops handle transfers routinely. Fees typically run $20 to $75, though some are higher, so it pays to call more than one dealer in your area.
Place the Order
Any legitimate online firearms retailer or auction site will ask for your FFL’s information at checkout instead of a home shipping address. Some sites keep a directory of dealers on file; others let you enter the shop’s details manually. Once the seller has the license on file, they ship the pistol to your dealer.
Pick Up the Pistol
When the pistol arrives at the shop, the FFL will contact you. Bring a valid government-issued photo ID showing your name, date of birth, photograph, and current residence address. A state driver’s license works for most buyers. If the license shows an old address, you can supplement it with another government-issued document that shows your current one, such as a voter registration card or vehicle registration.4Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Identification Requirements for Firearms Transfers Active-duty military stationed outside their home state can use a military ID with orders showing their permanent duty station.
You will fill out ATF Form 4473, the Firearms Transaction Record.5Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record It asks for your personal information and a series of yes-or-no eligibility questions. Answering any of them falsely is a federal offense. After you sign, the dealer submits your information to the FBI’s National Instant Criminal Background Check System (NICS).6Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
Background Check: Proceed, Delayed, or Denied
Three things can happen when NICS runs your check:
- Proceed. The check clears and you can take the pistol home, unless a state waiting period applies.
- Delayed. The system flags a record that needs manual review. Under federal law, if the FBI does not resolve a delayed check within three business days, the dealer may complete the transfer. Some states, however, prohibit their dealers from transferring on this “default proceed” and require them to wait for a final answer.7Federal Bureau of Investigation. About NICS
- Denied. NICS found a disqualifying record and the dealer cannot transfer the firearm.
A denial leaves you without the pistol you already paid for. The firearm usually ships back to the online seller, and whether you get a refund depends on that retailer’s return policy. You may also lose the FFL transfer fee. If you believe the denial was wrong, you can appeal to the FBI’s NICS Appeal Services Team with your full name, mailing address, and the transaction number. The FBI will respond with the general reason for the denial within five business days of receiving the appeal, and if the underlying record was incorrect, they can overturn the denial and issue documentation your dealer can use to finish the transfer.8Federal Bureau of Investigation. NICS Guide for Appealing Common name matches and outdated records cause more erroneous denials than most buyers expect.
What It Actually Costs
The price on the website is not the full price. Plan for:
- FFL transfer fee, usually $20 to $75, sometimes higher in expensive areas.
- Shipping. Because handguns must move by next-day air, shipping is pricier than a typical small parcel, and the retailer usually passes the cost through.
- State background check fee, in states that run their own check on top of or instead of NICS. These often run from a few dollars up to $20 or more.
- Sales or use tax, depending on your state and the seller’s location.
Altogether, the extras typically add somewhere between $50 and $150 to the sticker price. Ask your FFL for a total before you order so nothing surprises you at pickup.
Who Cannot Buy a Pistol
You must be at least 21 to buy a handgun from a licensed dealer. States can set higher age thresholds for certain transactions, but they cannot go below the federal floor.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Minimum Age for Gun Sales and Transfers
Federal law also bars several categories of people from possessing any firearm. A background check will flag any of these, and the dealer will deny the transfer:10Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
- Anyone convicted of a crime punishable by more than one year in prison, which covers all felonies and some serious misdemeanors.
- Fugitives from justice.
- Unlawful users of or people addicted to a controlled substance.
- Anyone adjudicated as mentally defective or committed to a mental institution.
- Unlawful aliens and, with limited exceptions, nonimmigrant visa holders.
- Anyone dishonorably discharged from the military.
- People subject to certain domestic violence restraining orders.
- Anyone convicted of a misdemeanor crime of domestic violence.
In states with extreme risk protection orders, sometimes called red flag laws, a court can also temporarily bar firearms possession for someone found to pose a danger, which would block an online purchase during the order’s duration.
State Rules That Can Add Steps
Federal law is the floor. Many states build on it, and the additional requirements matter as much as the federal ones for whether your online order goes smoothly. The most common state-level hurdles:
- Waiting periods. More than a dozen states impose a mandatory delay between purchase and pickup, ranging from one day to 30 days. Even after your background check clears, you may not walk out the same day.
- Purchase permits. Some states require a permit or license before you can buy a handgun, sometimes with a separate background check, training, or both.
- Magazine capacity limits. Several states cap magazine capacity, often at 10 rounds. If the pistol you ordered ships with a magazine that exceeds your state’s limit, the dealer may not be able to transfer it as configured.
- Registration. A handful of states require handgun registration after purchase.
- State-level background checks. Some states run their own check through a state agency instead of, or on top of, NICS, adding time and cost.
Your FFL handles these requirements every day and can tell you what applies. Ask before you place the online order. Finding out about a permit requirement after you have already paid for a pistol and shipping is an expensive lesson.
Do Not Buy for Someone Else
Buying a pistol online for someone who cannot pass a background check, or who plans to use it in a crime, is a straw purchase and a federal felony, even if that person never touches the gun. A straw purchase conviction carries up to 15 years in prison and a $250,000 fine, and up to 25 years if the firearm is later used in a felony, an act of terrorism, or drug trafficking.11Office of the Law Revision Counsel. 18 U.S. Code 932 – Straw Purchasing of Firearms A separate statute makes it a crime, punishable by up to 15 years, to knowingly transfer a firearm to someone you have reason to believe would commit a felony with it.12Office of the Law Revision Counsel. 18 U.S. Code 933 – Trafficking in Firearms
Form 4473 asks directly whether you are the actual buyer of the firearm. Buying a pistol as a genuine gift for someone legally allowed to own firearms is not a straw purchase. Buying one for someone who hands you cash and tells you what to get is.13Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy