When is it illegal to selll a firearm to someone?
Where does the second amendment mention protection to the sellers of weapons?
Prohibited persons
The following list of prohibited persons are ineligible to own firearms under the Brady Handgun Violence Prevention Act.
- Those convicted of felonies and certain misdemeanors except where state law reinstates rights, or removes disability.
- Unlawful users of certain depressant, narcotic, or stimulant drugs
- Those adjudicated as mental defectives or incompetents or those committed to any mental institution and currently containing a dangerous mental illness.
- Non-US citizens, unless permanently immigrating into the U.S. or in possession of a hunting license legally issued in the U.S.
- Those who have renounced U.S. citizenship
- Minors defined as under the age of eighteen for long guns and the age of twenty-one for handguns, with the exception of Vermont, eligible at age sixteen.
- Persons convicted in any court of a misdemeanor crime of domestic violence (an addition)
- Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition
- Those who already own firearms would normally be required to relinquish them upon conviction.
Acquiring from dealers
Provided that federal law and the laws of both the dealer's and purchaser's states and localities are complied with:
- An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual's state of residence.
- An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state. However, the applicant may not purchase a pistol gripped long gun that does not have a shoulder stock until he or she is 21 years of age.
- It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee receives notice of approval from a prescribed source approving the transfer.
- Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the ATF. Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year's imprisonment.
- An individual holding a Curio and Relics License (officially a Type 03 Federal Firearms License (FFL); also called a C&R) may directly purchase firearms that are 50 or more years old from anyone AND any firearm officially recognized by the ATF as a Curio and Relic (C&R).
Sales between individuals
For transactions that don't involve federal firearms licensees, such as private transactions, federal law is less strict when it comes to minimum age.
In a private transaction, federal law prohibits the transfer or the sale of a handgun or ammunition, for use only in handguns, to individuals under 18 years of age. Although, there are certain exceptions in federal law, that if met, would allow an individual to transfer a handgun or ammunition, for use only in handguns, to someone under 18 years of age.
There is no federal law concerning minimum age for the transfer or sale of a firearm that is not defined as a handgun, such as rifles, semiautomatic rifles, short-barreled rifles, shotguns, short-barreled shotgun, etc., for transactions that don't involve federal firearms licensees.
An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence. Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)