http://www.atf.gov/firearms/faq/unlicensed-persons.htmlATF Home Firearms Frequently Asked Questions Unlicensed Persons Unlicensed Persons Questions
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain ammunition from an out-of-State source?
Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.
[18 U.S.C. 922(g) and (n)]
Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who —
Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
Is a fugitive from justice;
Is an unlawful user of or addicted to any controlled substance;
Has been adjudicated as a mental defective or has been committed to a mental institution;
Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
Has been discharged from the Armed Forces under dishonorable conditions;
Having been a citizen of the United States, has renounced his or her citizenship;
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
Has been convicted of a misdemeanor crime of domestic violence
Cannot lawfully receive, possess, ship, or transport a firearm.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
[18 U.S.C. 922(g) and (n), 27 CFR 478.32]
Q: May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
