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This form is for two private individuals (not dealers) who want to engage in a firearms transaction. Be aware that individual states have their own set of laws and regulations governing the sale of firearms. It is your responsibility to familiarize yourself and comply with all the federal, state, county and/or municipal ordinances, laws and regulations governing the possession and use of any firearm or category of firearms in both the state you purchase the firearm as well as the state in which you reside. The requirements to purchase a firearm will generally depend upon (1) what type of firearm you intend to purchase, (2) where you intend to purchase the firearm, and (3) where you reside.
While there is little uniformity among the states regarding firearm laws, state and local gun control the major regulatory issues (as of April 1, 2006) are:
" Child Access Prevention laws: Many states have passed legislation making it a crime to leave a loaded weapon within easy access of a minor.
" Concealed weapon laws: About seven states prohibit concealed weapons. Many others require an individual to show a need prior to obtaining a license to carry a concealed weapon. In over half the states, all non-felons are able to obtain licenses to carry concealed weapons. Only one state, Vermont, has no licensing or permit requirement.
" Regulation of private sales to minors: Under federal law, minors under 18 are prohibited from possessing guns and minor under 21 are prohibited from purchasing guns from dealers. However, unless regulated by state law, minors 18 and over are able to freely purchase weapons through private sales. Currently 21 states either prohibit or substantially regulate this secondary market for minors.
" Regulating all secondary market sales: Over twenty states regulate all secondary sales through registration or licensing requirements. In the states that have no such regulation, the secondary market allows minors and criminals to easily obtain weapons. This is the so-called "gun show" loophole.
" Ban on "assault" weapons: In 1989, California was the first state to ban certain types of automatic weapons. More extensive bans have been enacted in New Jersey, Hawaii, Connecticut and Maryland.
" "One handgun a month" laws: Many purchasers (felons and minors) have circumvented federal law by purchasing firearms from individuals who have legally made bulk purchases of handguns. Four states (South Carolina, Virginia, Maryland, and California) have laws that limit legal purchases of handguns to one a month per buyer.
" Ban on "Saturday Night Specials" and other "junk guns": These are small, easily concealed lightweight guns which are unreliable but have appeal to criminals because of their portability. A minority of states have laws which regulate the purchase and use of these weapons. Additionally, local laws in a number of cities outlaw the possession of these weapons.
" Waiting periods and background checks: Although background checks are no longer necessary under federal law, about half the states still use state data in addition to federal data to conduct background checks prior to issuing a handgun permit. Eleven of these states impose waiting periods as well.
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Federal Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. However, the seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. sec. 922(g) and (n). However, there are no GCA-required records to be completed by either party to the transfer.
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