Before purchasing a firearm from a licensed gun dealer (Federal Firearm License or "FFL") federal background check requirements must be met. This means that the customer must complete a federal form and, in most cases, undergo a criminal background check.
Firearm Purchases from Gun Dealers
In order to purchase a "standard" firearm from a licensed gun dealer (FFL), the customer must first fill out the ATF Form 4473. This is, of course, unless the person has their own FFL in which case they can buy guns at a discount and have them shipped directly to them.
The Form 4473 requires information about the identity of the purchaser and their current residential information. This not only provides a method for law enforcement to contact/find the purchaser if needed but it also confirms the purchaser's state of residency.
For handgun purchases, the purchaser must be a resident of the state where the FFL is located. For long gun (rifle and shotgun) purchases, however, an out-of-state resident may purchase a rifle or a shotgun in any state as long as it is legal in both the state of purchase and the purchaser's home-state.
Update (October 2026): A Fifth Circuit ruling struck down this handgun residency rule, but it isn't in effect and may only cover the parties to the case. Federal law still requires handguns to go only to residents of the FFL's state. Here's what the Fifth Circuit interstate handgun ruling means.
The 4473 then asks a series of yes/no questions to determine whether the purchaser is a prohibited person and requires that the purchaser signs the form to confirm the accuracy of the information.
The gun dealer/FFL checks a valid government issued ID from the purchaser, fills out information about the firearm(s), and then conducts a background check (if applicable). Depending on the state, the background check is either run through the federal National Instant Criminal Check System (NICS) or it is run through a state agency (these are called Point of Contact, or POC, States). More on this below.
Also, in some states, a customer who has a valid concealed carry permit (CCW) may be exempt from needing a background check for each purchase. A table of qualifying NICS-exempt permits is included below.
Once the background check requirements have been met and payment for the firearm has been completed, the purchaser may take possession of the firearm.
In the case of a special class of firearms, called National Firearms Act (NFA) firearms, more restrictions apply. This special class of firearms includes machine guns, silencers, short barreled rifles, short barreled shotguns, and "any other weapons."
In order to purchase an NFA firearm, the customer generally must fill out an application and send it directly to the ATF along with any tax due (now $0 for silencers, short barreled rifles, short barreled shotguns, and AOWs, and still $200 for machine guns and destructive devices), their fingerprints, and a photo. Then, they wait for approval before they are lawfully allowed to possess the firearm that they already paid for (this used to take around 10 months; ATF's July 2026 averages were about 9 days for an individual eForm 4 and 33 days for a trust). In this case, the ATF conducts the background check. (A federal court judgment in Silencer Shop v. ATF changed this for some silencer buyers in August 2026. It isn't a blanket rule, so if you're not sure you're covered, file the Form 4.)
Firearm Purchases from Individuals (non dealers)
When someone purchases a firearm from another individual within their same state there is no background check required under federal law.
Some states do require that background checks are conducted, even when the transaction happens between two private individuals (often called private party transactions).
However, if the firearm is being moved from one state into another for sale, then the firearm must be shipped to a licensed gun dealer (FFL) in the purchaser's home state and the transaction may only continue as detailed above.
This is just one reason why it is so popular for people to get their own FFL - they can receive and sell guns directly (even from their own home).
Firearm Background Check Requirement
The Brady Handgun Violence Protection Act of 1993 (Brady) required, among other things, federal background checks for firearm purchases from Federal Firearms Licenses (FFLs).
Later, in 1998, the FBI created the National Instant Criminal Background Check System (NICS). Most states require that the federal NICS system be used, however, some states use their own background check system. These states that use their own system (and not NICS