Background Checks

The Brady Handgun Violence Prevention Act requires licensed firearms dealers to conduct background checks on prospective purchasers to ensure that the purchaser’s receipt of the firearm would not violate applicable state or federal law because the person is underage, or a “prohibited person.”  18 U.S.C. § 922(t)(1).  On November 30, 1998, the maximum five-day waiting period originally called for in the Act was replaced with the National Instant Check System (NICS). Under NICS, the dealer contacts the FBI or federally approved state agency which conducts the “instant” background check using a computerized database.  However, the individual states are permitted to establish their own “waiting periods” before which the transfer is approved and some states, such as California, have waiting periods substantially longer than the “instant” check.

       "Status Restrictions"

Under 18 U.S.C. § 922(d), no person may sell, deliver, or otherwise transfer a firearm to any person whom the transferor knows or has reasonable cause to believe:

• Is under indictment for or has been convicted in any court of a felony;

• Is a fugitive from justice;

• Is an unlawful user of a controlled substance;

• Has been adjudicated as a mental defective or committed to a mental institution; 

• Is an illegal alien;

• Has been dishonorably discharged from the armed forces; 

• Has renounced his or her citizenship;

• Is subject to a court order issued after a hearing which restrains him or her from harassing, stalking, or threatening an intimate partner or child of an intimate partner; or

• Has been convicted of a misdemeanor domestic violence offense.

A federally licensed firearms dealer may not sell a firearm to any person who would be prohibited by State or local law from purchasing that firearm.  18 U.S.C. § 922(b)(2).

A federally licensed firearms dealer may not sell a firearm to a person whom the dealer knows or has reasonable cause to believe resides out of the State where the dealer has his or her premises, or, except in certain limited circumstances, to a corporation or business entity, which the dealer knows or has reasonable cause to believe does not maintain a place of business in the State where the licensed dealer has his or her premises.  18 U.S.C. § 922(b)(3). 

       Other Prohibitions Related to Firearms Sales

No person may transport or ship in interstate commerce (commerce across state lines), sell or transfer any firearm the person knows or has reasonable cause to believe is stolen.  18 U.S.C. § 922(i),(j).  No person may transport, ship or receive in interstate commerce a firearm with a removed, altered or obliterated serial number.  18 U.S.C. § 922(k).

A federally licensed dealer may not knowingly make a false entry in the dealer’s records of sale or fail to make a required entry.  18 U.S.C. § 922(m).

Federal law prohibits the manufacture, sale, transfer, importation and possession of firearms or firearms components which are not detectable by x-ray machines such as those in airports.  18 U.S.C. § 922(p).

A federally licensed firearms dealer may not sell a machine gun or destructive device, a short-barreled shotgun or rifle except as approved by the Secretary of ATF.  18 U.S.C. § 922(b)(4). 

A federally licensed firearms dealer may not sell any firearm or armor-piercing ammunition to any individual or entity unless the dealer keeps a record of the name, age and address of every individual and the name and place of business of every business entity, purchasing a firearm or armor-piercing ammunition from the dealer.  18 U.S.C. § 922(b)(5); 18 U.S.C. § 923, (setting forth the record keeping that is required).

       Minimum Age to Purchase/Possess

No person may sell, deliver, or otherwise transfer a handgun or ammunition suitable only for a handgun to someone the transferor knows or has reasonable cause to believe is under the age of eighteen.  18 U.S.C. § 922(x)(1). 

A federally licensed firearms dealer may not sell any firearm except a shotgun or rifle to any person whom the dealer knows or has reasonable cause to believe is under the age of 21.  18 U.S.C. § 922(b)(1).

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