Can you buy a handgun out of state? Yes, you can purchase one from a seller in another state, but federal law will not let you take it home that day. The handgun has to be shipped to a federally licensed dealer in your own state, and you complete the sale there after a background check.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Expect to pay shipping and a transfer fee on top of the purchase price.
Why You Can’t Just Walk Out With It
The Gun Control Act of 1968 sets up two barriers. Licensed dealers are not allowed to sell a handgun to anyone they know lives in a different state. And it is a federal crime for a non-dealer to transport or receive a handgun purchased outside their home state.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
A few narrow exceptions exist — inheritance through a will, and temporary loans of a firearm for lawful sporting use in another state — but none of them let you buy a handgun in another state and bring it home. Whether the seller is a gun store, an online retailer, or a private individual at an out-of-state gun show, the same rule applies: the handgun must move through a federally licensed dealer near you.
How the Transfer Works
A Federal Firearms Licensee, or FFL, is any business the ATF has authorized to deal in firearms — gun stores, pawnbrokers, and gunsmiths all hold FFLs.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licenses Before you finalize an out-of-state purchase, line up an FFL in your area willing to receive the shipment. Transfer fees typically run somewhere between $25 and $75, though some dealers charge more.
The purchase then moves through four steps:
- Pick out the handgun and pay the out-of-state seller.
- Send the seller your local FFL’s license information so they can ship the handgun directly to that dealer. You cannot legally carry it across state lines yourself.
- Go to your local FFL and fill out ATF Form 4473, the Firearms Transaction Record. Every answer is given under penalty of federal felony; knowingly lying carries up to five years in prison.3Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties
- Pass a National Instant Criminal Background Check System (NICS) check. Once it clears and any state waiting period has run, the FFL hands you the handgun.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
You must be at least 21 to buy a handgun from any FFL, no matter which state the dealer is in.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
One shipping detail worth knowing: private individuals cannot ship handguns through USPS, UPS, or FedEx. Only licensed dealers, manufacturers, and a few other categories can.5Postal Explorer (USPS). Publication 52 – Hazardous, Restricted, and Perishable Mail – Firearms Mailability If you buy from another private person, that person usually has to bring the handgun to an FFL on their end, who ships it to yours. A dealer sale is simpler — the dealer handles shipping directly.
What Counts as Your Home State
Because the handgun must be transferred in your state of residence, defining that state matters. Federal regulations treat your state of residence as the state where you are actually present with the intention of making a home.6Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Ruling Clarification on State of Residence for Firearm Acquisition Owning a vacation property doesn’t make a state your residence, and a business trip certainly doesn’t.
People who keep homes in two states — a snowbird between Minnesota and Arizona, for instance — can purchase in whichever state they are actually living in at the time. The FFL will ask for identification tied to that state, such as a driver’s license, voter registration card, or vehicle registration.6Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Ruling Clarification on State of Residence for Firearm Acquisition
Active-Duty Military
Service members get more flexibility. An active-duty member is considered a resident of both the state where their permanent duty station is located and any state where they otherwise maintain a home.7GovInfo. 18 U.S. Code 921 – Definitions A soldier stationed at Fort Liberty in North Carolina whose license still shows a Texas address can buy directly from a North Carolina dealer by presenting Permanent Change of Station orders. That same soldier could instead have the handgun shipped to a Texas FFL.
Private Sales and Gun Shows in Another State
The FFL requirement is not limited to dealer sales. Federal law also bars any non-licensed person from selling, trading, or giving a firearm to someone they know lives in a different state.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A friend in another state cannot legally hand you a handgun they want to sell. It still has to route through an FFL in your home state, with a Form 4473 and a NICS check.
This is where out-of-state gun shows become a trap. Buying from a private seller at a show in a neighboring state and driving the handgun home is an illegal interstate transfer. The private-sale label does not create a loophole. If anything it complicates things, because the private seller can’t legally ship the handgun themselves and has to involve an FFL on their end too.
Long Guns Are Different
The rule you might have heard about walking out of an out-of-state gun store with a firearm is real, but it only covers rifles and shotguns. A licensed dealer can sell a long gun to an out-of-state buyer in person, as long as the sale complies with the laws of both states.1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts You still complete a Form 4473 and pass a NICS check at the seller’s location, but you can take the rifle or shotgun home that day. This exception does not apply to handguns.
Check Your State’s Rules Before You Buy
Federal law is only half the picture. The handgun has to be legal under your home state’s laws too, or your local FFL cannot complete the transfer. Common state-level restrictions to check before you order:
- Approved-handgun rosters. A handful of states publish lists of certified models; a handgun that isn’t on the list can’t be transferred to you.
- Magazine capacity limits. Roughly a dozen states cap magazine size, usually at 10 rounds, though some allow up to 15 or 17. If your handgun ships with a larger magazine, the FFL will swap or remove it.8GIFFORDS. Large-Capacity Magazines
- Waiting periods between purchase and delivery, even after the background check clears.
- Permit or purchase-authorization requirements you have to satisfy before acquiring a handgun at all.
Confirming your state’s rules first avoids paying for a handgun that can’t legally be released to you.
Penalties for Skipping the FFL
Bypassing the transfer process is a federal crime, not a paperwork foul. A willful violation of the interstate transfer rules carries a fine and up to five years in prison, and that applies to both the buyer who transports a handgun home without going through a dealer and the private seller who knowingly hands it off across state lines.3Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties
Straw purchases are punished more severely. Filling out a Form 4473 as the buyer when the handgun is actually for someone else carries up to 15 years. If prosecutors can show you knew or had reason to believe the handgun would be used in a felony, terrorism, or drug trafficking, the maximum climbs to 25 years.9Office of the Law Revision Counsel. 18 U.S. Code 932 – Straw Purchasing of Firearms Any false statement on the form itself — about identity, residency, or criminal history — is separately punishable by up to five years.3Office of the Law Revision Counsel. 18 U.S. Code 924 – Penalties A conviction leaves a permanent felony record that also bars you from legally buying a firearm again.