Interstate Firearm Purchase Rules: What You Can and Cannot Buy

Long guns across state lines

Under 18 U.S.C. §922(b)(3) as amended, a federally licensed dealer can sell a rifle or shotgun to a non-resident of the dealer's state, in person, as long as the transaction complies fully with the laws of both the dealer's state and the buyer's state of residence. The sale happens at the dealer's counter, with Form 4473 and a NICS background check just like an in-state sale.

Practical scenarios:

• You live in Oregon, drive to Nevada, walk into a Reno FFL, and buy a rifle. Legal, provided Oregon and Nevada both permit the sale (they do, for ordinary rifles).
• You live in California and drive to Arizona to buy a rifle. Federal law permits it; California law does not — any long gun purchased out of state must still be transferred to you through a California FFL under California Penal Code §27585. So in practice, a California resident cannot take the rifle back home directly from the Arizona counter.
• You live in Texas and buy a rifle online from a seller in Pennsylvania. The firearm must ship to an FFL, not to your house. See FFL-to-FFL shipments.

The takeaway: in-person long gun purchases work nationally under federal law, subject to state overrides. Online purchases always require FFL-to-FFL shipment.

Handguns: home-state only

Handguns are different. 18 U.S.C. §922(b)(3) forbids a licensed dealer from selling a handgun to a non-resident of the dealer's state — even in person, even with a clean background check, even if both states' laws would otherwise permit it.

The exception is the FFL-to-FFL transfer. A non-resident can buy a handgun from an out-of-state dealer, but the dealer must ship the handgun to an FFL in the buyer's home state, where the buyer completes Form 4473 and NICS. The original dealer logs the sale out; the receiving dealer logs it in; the buyer picks it up only from the receiving dealer.

This is why handgun transfers are the everyday use case for online firearm purchases — every GunBroker, Buds, Palmetto State Armory handgun order ships to an FFL in the buyer's state.

FFL-to-FFL shipments

The mechanical flow is the same one covered in the transfer process guide. A few interstate-specific notes:

• Both FFLs are federally licensed, so shipment through USPS or common carrier is lawful under 18 U.S.C. §922(a)(2)(A).
• Handguns cannot ship via USPS between non-licensees (and private parties can't ship handguns interstate at all without using licensed dealers on both ends).
• Handguns via private carrier (UPS, FedEx) require adult signature and must be declared at shipment. The carrier may require an FFL-to-FFL label.
• Most states impose no additional restrictions on FFL-to-FFL handgun shipment to the state. States like California, New York, and Massachusetts add state-specific handgun rosters, safety testing requirements, or registration after receipt.

What "state of residence" means

The ATF defines state of residence at 27 CFR §478.11. It's not your driver's license state, your voting registration, or your tax domicile. It's "the state in which an individual resides" — the state where you presently live with the intent to make it your home.

Two residences at once

A person living part of the year in Florida and part in Vermont is a resident of each state during the period they are physically present there with intent to reside. The ATF has consistently held that such a person may lawfully buy a handgun in either state during the relevant residency period, provided they can prove residency — typically via a utility bill, lease, or property tax record.

Military personnel

Active-duty service members have two states for firearm-purchase purposes: their state of legal residence (home of record) and the state where their permanent duty station is located (27 CFR §478.11). They may buy handguns in either.

College students

A student living in the dorm year-round may claim residency where they actually live. A student who returns to parents' home for summers is typically considered a resident of the parents' home state — though ATF guidance allows for exceptions where the student has established independent residence.

What documents prove residency

The safest stack: a government-issued photo ID plus a secondary document dated within the last 90 days (utility bill, lease, vehicle registration, voter registration card, property tax bill). Every FFL has discretion to decline a sale if they're not satisfied with the residency showing.

Private-party interstate transfers

Federal law generally prohibits a non-licensee from transferring a firearm to a non-licensee in another state (18 U.S.C. §922(a)(3) and §922(a)(5)). The standard workaround is the FFL-to-FFL transfer even between private parties: the seller takes the firearm to a local FFL, the FFL ships it to an FFL in the buyer's state, the buyer picks up with 4473 and NICS.

The narrow exceptions

• Bequest at death. A firearm inherited via probate or a trust is not "sold" or "transferred" within the §922 meaning. The executor can ship the firearm directly to the heir in another state, though state law may still require registration on arrival.
• Temporary loan for lawful sport. §922(a)(9) allows loaning a firearm to someone for temporary sporting use. Narrow; don't try to hide a sale inside it.
• Gifts between immediate family — this one trips people up. A gift is still a disposition. A parent in Texas giving a handgun to a son in Colorado must run the firearm through an FFL in Colorado. The gift character of the transaction doesn't change the §922(a)(3) rule.

States that add extra restrictions

A handful of states impose additional requirements on firearms entering the state, even through lawful FFL-to-FFL transfer:

• California — handguns must be on the Roster of Certified Handguns; AR-platform long guns face featureless or fixed-magazine requirements. See California state page.
• New York — handgun purchase requires an in-state pistol permit issued by a judge or licensing officer. You cannot purchase at all without it.
• New Jersey — Firearms Purchaser Identification Card required for long guns; Permit to Purchase a Handgun required separately for each handgun.
• Massachusetts — handguns must be on the state's Approved Firearms Roster; Firearms License required for purchase.
• Illinois — FOID card required for any firearm purchase; handguns additionally subject to 72-hour waiting period; additional restrictions apply under the 2023 Protect Illinois Communities Act.
• Hawaii — Permit to Acquire required before any firearm purchase; permit is handgun-specific or long-gun specific.

Check the state page for your home state's current rules before you order anything out of state.