Bman505
08-22-2009, 09:55 AM
Found this article and thought I would share for those interested.
For many people who have never bought one before, buying a gun can be a daunting prospect. What laws do I need to know about? What do I need to bring? How do I go about picking one out? Can I buy one for my wife? How do I get it registered? All are common questions. In this article, I'll try to cover the basics.
In Ohio, buying a gun is a pretty straight forward process, but there are two different sets of procedures. You do not need any kind of permit to buy a gun (but you do need one if you want to carry it concealed or in a motor vehicle).
For private sales, there is very little regulation. If you want to buy a gun from someone you know, they can sell it to you without all the red tape noted in the next paragraph, provided you're not prohibited from owning the gun (we'll come back to that).
Most people, though, buy their first gun from a gun shop or the sporting goods department of stores like Gander Mountain, Dick's Sporting Goods, etc. For commercial sales of handguns, there are a few hoops to jump through.
Once you decide which gun to buy, there is paperwork to fill out. You'll be given a Form 4473, which is a firearms transaction record published by the Bureau of Alcohol Tobacco and Firearms. It asks you to list information such as your name, address, date of birth, and some questions about your background (are you a fugitive from justice, have you been convicted of a felony, etc.). You will also need to produce identification, such as a driver's license or state ID. Once you fill out this form, which takes about 5 minutes, the store clerk will call the National Instant Criminal Background Check System (NICS) (http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm) to determine if you are disqualified from owning a firearm. Three thing. This system conducts a quick records check (usually less than a minute) to trys can happen, you can be approved, denied, or delayed. Approval is most common, denied means they found what seems to be a disqualification (you can appeal), and delayed means they need more time to conduct a more thorough check. The last one can sometimes happen if you have a name that is similar to someone who has committed a felony.
Once that is completed, you're good to go. Ohio has no waiting periods on firearms purchases and does not require gun registration. Some local cities used to require guns to be registered, but those laws were overturned when the Ohio legislature passed "statewide preemption", which means only the state and federal government can pass most types of gun laws.
Now, for both private and commercial sales, you still have to follow laws about who is allowed to own a firearm. While both the U.S. and Ohio constitutions guarantee a right to bear arms, you can lose those rights for certain things. Being convicted of a violent felony, assault on a police officer, many drug offenses, suffering from alcohol abuse, being adjudicated mentally incompetent, and you must be at least 18 years old for rifles and shotguns and 21 for handguns. Note that even if you meet those requirements, a gun shop can still make the decision to refuse a sale if they're not comfortable with it. For example, someone who appears clearly agitated might be asked to leave.
When it comes to buying guns for someone else, that's ok as long as that person meets the requirements in the preceding paragraph. If they're allowed to own a gun, it is legal for you to buy one for them. This usually comes into play when guns are bought as gifts. However, if the person you are buying the gun for is not allowed to have one, that is called a "straw purchase" and is a felony.
As to the question of how to pick out a gun, well, that will require another article. Some things to keep in mind are your price range, how the gun feels in your hand, what you intend to use it for (different guns are used to hunt different animals and some self-defense handguns might be no good for hunting), how strong you are, etc. Most gun shops have friendly, knowledgeable clerks who will be more than happy to answer your questions and help you decide.
Please note that I only tried to cover the basics. For more information, please read this informative fact sheet from the NRA: http://www.nraila.org/statelawpdfs/OHSL.pdf
For many people who have never bought one before, buying a gun can be a daunting prospect. What laws do I need to know about? What do I need to bring? How do I go about picking one out? Can I buy one for my wife? How do I get it registered? All are common questions. In this article, I'll try to cover the basics.
In Ohio, buying a gun is a pretty straight forward process, but there are two different sets of procedures. You do not need any kind of permit to buy a gun (but you do need one if you want to carry it concealed or in a motor vehicle).
For private sales, there is very little regulation. If you want to buy a gun from someone you know, they can sell it to you without all the red tape noted in the next paragraph, provided you're not prohibited from owning the gun (we'll come back to that).
Most people, though, buy their first gun from a gun shop or the sporting goods department of stores like Gander Mountain, Dick's Sporting Goods, etc. For commercial sales of handguns, there are a few hoops to jump through.
Once you decide which gun to buy, there is paperwork to fill out. You'll be given a Form 4473, which is a firearms transaction record published by the Bureau of Alcohol Tobacco and Firearms. It asks you to list information such as your name, address, date of birth, and some questions about your background (are you a fugitive from justice, have you been convicted of a felony, etc.). You will also need to produce identification, such as a driver's license or state ID. Once you fill out this form, which takes about 5 minutes, the store clerk will call the National Instant Criminal Background Check System (NICS) (http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm) to determine if you are disqualified from owning a firearm. Three thing. This system conducts a quick records check (usually less than a minute) to trys can happen, you can be approved, denied, or delayed. Approval is most common, denied means they found what seems to be a disqualification (you can appeal), and delayed means they need more time to conduct a more thorough check. The last one can sometimes happen if you have a name that is similar to someone who has committed a felony.
Once that is completed, you're good to go. Ohio has no waiting periods on firearms purchases and does not require gun registration. Some local cities used to require guns to be registered, but those laws were overturned when the Ohio legislature passed "statewide preemption", which means only the state and federal government can pass most types of gun laws.
Now, for both private and commercial sales, you still have to follow laws about who is allowed to own a firearm. While both the U.S. and Ohio constitutions guarantee a right to bear arms, you can lose those rights for certain things. Being convicted of a violent felony, assault on a police officer, many drug offenses, suffering from alcohol abuse, being adjudicated mentally incompetent, and you must be at least 18 years old for rifles and shotguns and 21 for handguns. Note that even if you meet those requirements, a gun shop can still make the decision to refuse a sale if they're not comfortable with it. For example, someone who appears clearly agitated might be asked to leave.
When it comes to buying guns for someone else, that's ok as long as that person meets the requirements in the preceding paragraph. If they're allowed to own a gun, it is legal for you to buy one for them. This usually comes into play when guns are bought as gifts. However, if the person you are buying the gun for is not allowed to have one, that is called a "straw purchase" and is a felony.
As to the question of how to pick out a gun, well, that will require another article. Some things to keep in mind are your price range, how the gun feels in your hand, what you intend to use it for (different guns are used to hunt different animals and some self-defense handguns might be no good for hunting), how strong you are, etc. Most gun shops have friendly, knowledgeable clerks who will be more than happy to answer your questions and help you decide.
Please note that I only tried to cover the basics. For more information, please read this informative fact sheet from the NRA: http://www.nraila.org/statelawpdfs/OHSL.pdf