Can You Buy a Gun From Another State? Federal Rules Explained

Found the perfect gun, but the seller lives three states away? Buying across state lines is legal and very common — it’s how most online gun sales work. Federal law simply routes the transfer through a licensed dealer. The details depend on two things: what kind of firearm it is, and who is selling it.

The short answer

  • From a private seller in another state: the gun must be shipped to (or transferred by) a licensed FFL dealer in your state, who runs your background check. Two private individuals in different states can’t legally hand off a gun directly.
  • Handguns from a dealer in another state: the dealer must ship it to an FFL in your state of residence; you can’t take it home from an out-of-state counter.
  • Rifles and shotguns from a dealer in another state: federal law allows an in-person purchase at an out-of-state dealer’s premises if the sale is legal in both the dealer’s state and yours. Many dealers still prefer to ship to your local FFL.

Why the rules work this way

The Gun Control Act of 1968 generally prohibits unlicensed individuals from transferring firearms to residents of other states, and from bringing in firearms bought out of state, except through licensed dealers (see 18 U.S.C. § 922(a)(3), (a)(5) and (b)(3)). The receiving dealer is responsible for confirming your identity and residency, completing ATF Form 4473 and running the background check — and for knowing your state’s rules on what you can legally own.

How an interstate online purchase works, step by step

  1. Confirm the gun is legal where you live. Some states and cities restrict certain firearms, magazine capacities or features. Your local FFL can tell you before you buy.
  2. Choose a receiving FFL in your state and ask about their transfer fee and what they need from the seller. Read what an FFL transfer costs and involves.
  3. Buy and pay safely. Escrow such as GunTab holds your payment until the firearm reaches your dealer, which protects you when buying from a stranger hundreds of miles away.
  4. The seller ships to your FFL. Dealers ship to dealers routinely; private sellers have specific carrier rules — see how to ship a gun.
  5. Pick up at your FFL. Bring valid ID (and any state permit required), complete Form 4473, pass the background check and observe any state waiting period.

Common questions

Can I buy a rifle while traveling in another state?

From a licensed dealer, in person, possibly — federal law allows it for long guns when the sale complies with the laws of both states. The dealer decides whether they’re comfortable doing it, and some states’ laws make it impractical. A private seller can’t sell to you directly if you live in a different state; the transfer has to go through an FFL in your home state.

I have a second home in another state. Which is my state of residence?

Under ATF rules you can be a resident of a state where you’re present with the intention of making a home there, which can include a second home while you’re living in it. The details matter, so ask your dealer or a lawyer before relying on this.

What about military members?

Under federal law, active-duty service members are treated as residents of the state where their permanent duty station is located. Ask your dealer how this applies to your home state as well.

Can I inherit a gun from someone in another state?

Federal law has an exception for firearms acquired by bequest or intestate succession, but state laws vary and handguns in particular may still need to go through a local dealer. Talk to the estate’s attorney or your FFL.

What about antiques and curios & relics?

Firearms that meet the federal definition of “antique” (generally made in or before 1898, or certain muzzleloaders) aren’t treated as firearms under the Gun Control Act, though state law may still apply. Collectors with a federal curio & relic license can receive eligible C&R firearms across state lines directly — see our guide to the C&R license.

Ammunition, parts and accessories

Most accessories ship directly to you. Ammunition generally can be shipped to individuals under federal law, but several states and localities restrict ammunition purchases or require shipment through a licensed vendor, and carriers have their own hazardous-materials rules. Some parts — such as frames and receivers — are legally firearms and must go through an FFL.

On Liberty Gun Trader, every firearm purchase asks for your receiving FFL at checkout, so out-of-state purchases follow the right path automatically. You can also find FFL dealers near you.

This article summarizes federal law in general terms and is not legal advice. State and local laws differ significantly and change often. Confirm the rules for your situation with your FFL dealer or an attorney before buying.

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