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Home / Case file 07 / Buying a Used Handgun Online, State by State
Case file 07 · updated 2026-10-22

Buying a Used Handgun Online, State by State

Buying a used handgun online is legal in most of the United States, but the gun never ships to your door. It ships to a licensed dealer in your state, and the sale finishes there under federal and state law. Used guns follow the same process as new ones. This page explains the federal rules that apply everywhere, then the extra steps some states add. It is a general overview, not legal advice. Laws change and court cases are ongoing, so always check your state's current law before you order.

The federal rules

Handguns go through a dealer in your home state

Federal law generally bars you from receiving a firearm in your home state that you bought outside it, unless it comes through a licensed dealer (18 U.S.C. 922(a)(3)). Private people generally may not transfer a firearm to someone who lives in another state (922(a)(5)). Licensed dealers may not sell a handgun to someone who lives in a different state (922(b)(3)). The practical result: when you buy a handgun online from an out-of-state seller, it ships to a federal firearms licensee (FFL) in the state where you live. ATF describes this process in its guidance.

Age

A licensed dealer may not sell or deliver a handgun to anyone under 21, or a rifle or shotgun to anyone under 18 (18 U.S.C. 922(b)(1)). Some states set higher ages for long guns too. Colorado, for example, now sets 21 as the minimum age to buy any firearm.

Form 4473 and the background check

At the dealer, you complete ATF Form 4473, the federal firearms transaction record. You show ID and answer the eligibility questions. The dealer then runs a background check through the FBI's National Instant Criminal Background Check System (NICS), or through a state agency in states that run their own checks. If you are approved and any state steps are met, the dealer hands over the gun.

How an order works here

  • You choose a licensed dealer in your state at checkout.
  • The dealer sends or confirms a copy of their license.
  • We ship to the dealer, not to you. See shipping.
  • You complete Form 4473, the background check and any state steps at the dealer. Dealers usually charge a transfer fee.
  • See returns for our return policy.

States that require a permit or license to buy

In these states you generally need a state-issued card, permit or license before a dealer can transfer a handgun to you. Get it before you order, since it can take weeks or months.

  • Illinois: a Firearm Owner's Identification (FOID) card.
  • Massachusetts: a License to Carry (LTC), with license class affecting which firearms and magazines you may buy.
  • New Jersey: a Firearms Purchaser Identification Card plus a separate permit to purchase a handgun for each handgun.
  • New York: a pistol license issued by your local licensing officer, with the handgun added to it.
  • Connecticut: a pistol permit or an eligibility certificate for pistols and revolvers.
  • Hawaii: a permit to acquire from county police.
  • Maryland: a Handgun Qualification License (HQL), with exemptions for some current and retired officers and military members.
  • Rhode Island: a handgun safety certificate (often called a blue card) before buying a pistol.
  • Delaware: a permit to purchase a handgun, required since November 16, 2025.
  • Michigan: rules differ for pistols and long guns and for dealer and private sales, and they changed in 2024. Check with the Michigan State Police or your local agency.
  • Washington: a new permit to purchase law is scheduled to take effect in May 2027.

Some states have dropped their permits. North Carolina repealed its pistol purchase permit in March 2023. Dealer sales there still need the federal background check. Other states not listed may have local rules. This list is not complete.

Waiting periods

A waiting period is time that must pass between the sale and the moment you take the gun home. Examples:

  • California: 10 days.
  • Florida: 3 days, excluding weekends and legal holidays, with exceptions such as concealed weapons license holders.
  • Illinois: 72 hours.
  • Colorado: 3 days after the background check is started, unless approval comes sooner.
  • Maryland: 7 days for handguns.
  • Rhode Island: 7 days.
  • Washington: 10 business days from when the dealer requests the background check.
  • Vermont: 72 hours after the dealer receives the background check transaction number, or seven business days after the check starts, whichever comes first.

Other states have waiting periods too, and several are being challenged in court. Ask your dealer how long your transfer will take.

Handgun rosters

A few states only allow dealers to sell handgun models that appear on a state list.

  • California: the DOJ Roster of Handguns Certified for Sale. Many older police trade-ins, including most third-generation S&W pistols and older Glock, SIG and Beretta models, are not on it. The DOJ lists exemptions, including private-party transfers. Private-party sales in California must still go through a California dealer. California has also passed a law affecting dealer sales of certain pistol designs, including many Glock models, starting in 2026. Check the California DOJ before you shop.
  • Massachusetts: an approved firearms roster set by state regulation.
  • Maryland: a handgun roster maintained by state authorities. Confirm a model with the Maryland State Police.

If a model is not legal for a dealer to transfer in your state, the dealer can't complete the sale.

Magazine capacity limits

Many trade-in pistols were issued with standard-capacity magazines. Several states limit the size of magazines you may buy. As we read current statutes:

  • 10 rounds: California, Connecticut, Maryland (sale and transfer), Massachusetts, New Jersey, New York, Rhode Island (since 2022), Washington (sale), District of Columbia, and Hawaii for pistol magazines.
  • 15 rounds: Colorado. Illinois for handguns (10 for long guns). Vermont for handguns (10 for long guns).
  • 17 rounds: Delaware.
  • Oregon: Measure 114 would set a 10-round limit and a permit to purchase. It has been tied up in court, and the legislature has voted to delay parts of it. Check its current status.

Several of these laws have exceptions, grandfather rules or pending court cases. Illinois and others are in active litigation. Rules can change, so check your state's current law.

If a magazine, or a pistol sold with standard-capacity magazines, can't be shipped to your state, it won't be offered to you, or we cancel the order and refund it. Read each listing for what is included before you order.

Used guns are not a loophole

A used or police trade-in pistol is treated the same as a new one at the dealer. The same age limits, forms, checks, waiting periods, rosters and magazine rules apply. In states that require all private sales to go through a dealer, that holds for used guns too.

How to check your state's law

  • Start with your state police or attorney general's firearms page.
  • Read the statute on your state legislature's website.
  • Ask the dealer who will do your transfer. They handle these rules every day.
  • Check for news of recent court rulings, which can change what is enforced.

Ready to look?

General information, not legal advice. Current as of October 2026. Laws change; check the official source before you act.

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