Federal law sets a floor; state law adds on. Both apply to every transfer. Here are the big rules every buyer and seller should know.
Federal basics
- You must be 18 to buy a long gun from an FFL, 21 for a handgun.
- You cannot buy a firearm if you are a prohibited person (felons, certain misdemeanors, dishonorable discharge, certain immigration statuses, etc.).
- Interstate firearm sales between private parties must go through a licensed dealer (FFL) on at least one end.
- NFA items (suppressors, short-barreled rifles, machine guns) require ATF approval and a tax stamp.
State variation
States differ wildly on:
- Whether private intrastate (within-state) sales require an FFL
- Waiting periods
- Magazine capacity limits
- Permit requirements (to purchase, to carry, to own certain types)
- Ammunition restrictions
- "Assault weapon" definitions
How to check your state's rules
Start with your state Attorney General's website. Your local FFL is usually well-informed too. Industry resources like the NRA-ILA state law pages and the ATF state-by-state guide are useful starting points.
Interstate sales: the key rule
If a buyer and seller live in different states, the firearm must go through an FFL on the buyer's end. The FFL runs a background check on the buyer (Form 4473 / NICS) before completing the transfer. See the FFL transfer process.
Know your rights
Interstate sales aren't just an AGT house rule — they're federal law. Here is what that actually means for you, whether you are buying or selling.
- As a seller, you have the right to sell to a buyer in any state. What you cannot do is hand the firearm to that buyer yourself. The Gun Control Act of 1968 makes it a federal offense for an unlicensed private party to transfer a firearm directly to a resident of another state (18 U.S.C. §922(a)(5)). The sale has to route through a licensed dealer on the buyer's end.
- As a buyer, you have the right to buy from a seller in any state, but you cannot take delivery straight from an out-of-state private seller. The receiving FFL is required to log the transfer and run your NICS background check before releasing the firearm to you (27 CFR §478.31; see also 27 CFR §478.29a).
- Shipping the firearm to the receiving FFL is regulated too — see the FFL transfer process for the USPS Postal Explorer and ATF citations on what a non-FFL may ship and how.
On American Gun Trader, this isn't optional: built-in FFL transfer — the in-chat FFL picker — is the only way to complete an interstate deal on the platform. Coordinating a direct interstate handoff outside the picker breaks federal law and AGT's rules at the same time, and is treated as a bannable offense. See Choosing an FFL.
Age and prohibited persons
If you are not certain you are eligible, ask a licensed FFL or a firearms attorney. Selling a firearm to a prohibited person is a federal crime — even by accident in some cases.
When in doubt
Run the transfer through an FFL. The transfer fee ($25-$75) is cheap insurance against a federal felony.
