Expert: Robert P. Firriolo - 10/22/2010

Question
theres a gun show coming to my town in Florda. I was wondering if i could buy a gun from an unlicensed dealer? like buyer to buyer. Iam little cautous because you never know a firearms history

Answer
There is no such thing as a lawful purchase from an "unlicensed dealer." All "dealers" (that is, those engaged in the business of selling guns) must be federally licensed (called a "licensee"), and licensed by the state, in some states.

What you probably mean is, "May I legally purchase a firearm from a private seller at a gun show? The answer is that under federal law, one may purchase a firearm from a private seller from the same state as long as neither the buyer nor seller is prohibited by federal or state law from possessing or transferring firearms.

Nonlicensees can sell firearms without inquiring into the identity of the person to whom they are selling, making any record of the transaction, or conducting instant background (NICS) checks.[18 U.S.C. §§ 922(t), and 923(g)(1)(A)]. Because non-licensed gun show vendors do not have to--and indeed cannot--conduct a NICS check under Federal law, they often have no way of knowing whether they are selling a firearm to a felon or other prohibited person.

The federal Gun Control Act (GCA) does, however, prohibit non-licensed persons from acquiring firearms from out-of-State dealers and prohibits non-licensees from shipping or transporting firearms in interstate or foreign commerce [18 U.S.C. § 922(a)(3)]. An exception to this rule is provided for sales of rifles or shotguns by licensed dealers to non-licensed persons if the purchaser appears in person at the dealer's licensed premises and the sale, delivery, and receipt comply with the legal conditions of sale in both the seller's State and the buyer's State. [18 U.S.C. § 922(b)(3).]

Nonlicensees are also generally prohibited from transferring a firearm to a non-licensed person who the transferor knows or has reasonable cause to believe does not reside in the State in which the transferor resides. [18 U.S.C. § 922(a)(5)]

A non-licensee also may not transfer a firearm to any person knowing or having reasonable cause to believe that the transferee is a felon or other prohibited person. [18 U.S.C. § 922(d)]

Finally, non-licensed persons may not transfer handguns to persons under the age of 18, with certain exceptions. [18 U.S.C. § 922(x)]. Because non-licensees are not required to inspect the buyer’s driver’s license or other identification, they may never know that the buyer is underage.