What if I told you that buying your first handgun was nothing like you think it will be?
Honestly, I would be guessing because I have no way of knowing exactly what you think the process will be like.
What I can tell you with complete confidence, is that the process is nothing like most people assume it will be. TV, Facebook, News Outlets and commentators online have many people convinced that 1 of 2 things awaits them at their local gun store.
Option 1
A big fella with a southern accent, clad in a T-Shirt that reads: “The south will rise again“. He laughs heartily when you ask if he needs your ID (“WHY ON EARTH WOULD HE NEED THAT??”) he concludes by asking if you’d like another free gun, a bucket-o-bullets, and a bottle of whiskey with your gun purchase.
Option 2
G-men in suits just WAITING for the chance to arrest you for that pack of gum you stole in the 6th grade if you ever happen to be dumb enough to try and fill out the hours of paperwork necessary to buy a gun.
Nope, and Nope.
DISCLAIMER:
This is not legal advice. These are best practices about buying a firearm in Virginia based on years of experience as an Instructor, Gun-Buyer, Employee at an FFL (federally licensed gun dealer), and Range Safety Officer.
Laws and procedures vary GREATLY state-by-state and you need to check with reputable sources to glean the process for your state if you live elsewhere. I would recommend contacting:
1. Local Police
2. Legal Counsel
3. ATF
4. Local Gun Shop
So, let’s get started.
What this post IS:
General advice about the first-time gun-buying process in Virginia. What you can expect, what you should bring, how you should act, dos and don’ts, etc.
What this post IS NOT:
Advice on which gun you should buy. We’ve covered a lot related to this in previous posts and will go into more details in the future. Ultimately, the decision about your first gun is an extremely personal choice and I’m not here to make that choice for you. If you want some guidance on making that decision, re-read our pasts posts and join our merry-gang of readers, sticking around for ones on that topic in the future.
Well, are you ready to buy a gun?
That answer is simple.
Have you…
Figured out your shooting goals?
What do you want to use the gun for? Home defense, concealed carry, target shooting fun on the weekends, competition, etc.
Settled on an acceptable price range?
Unfortunately this won’t be “Keepin’ it under $150” But take a good look at finances and figure out what you can purchase (keeping in mind that you will need to buy ammunition, targets, and *hopefully* proper training along with your first gun.)
Settled on the right caliber for you?
Have you test fired different calibers and figured out what can you comfortably handle? Do you have a caliber that suits your needs? (.50 caliber is probably more than you need for weekend plinking, and a .22lr is not a suitable cartridge for home protection if you have any other options.)
Prior to going to the store to test fire a gun, much less buy one, you’ve acquainted yourself with the basics of firearm safety. Remember: As a responsible gun owner – Safety first, Safety last, Safety always.
Have you learned about firearms in general, taken a look at different manufacturers’ websites, and reviewed the reliability of the handguns you think you might want?
I can’t stress enough how important this is. Images on a screen and advice from your shooting buddy PALE in comparison to getting your hands on a firearm. No amount of descriptions can tell you how you will like a firearm the way testing it for yourself will, ESPECIALLY if you’re a new shooter. TRY BEFORE YOU BUY. It helps you to understand the ergonomics, the trigger feel, recoil, as well as how much weight you can handle, etc.
You’ve done all that, have you? Excellent. You’re ready to head out to the shop and make your purchase.
Exciting stuff, right?
Making your purchase.
Again, this information is based on purchasing a handgun in Virginia. Some states are less stringent, some are much more. You may have different options to purchase, different restrictions, and a different legal process to adhere to if you live elsewhere. Consult law enforcement or a professional FFL in good standing in your state to find out more about the processes for purchasing a handgun where you live.
So what are your options for where to purchase your gun?
1. Gun Store (An actual Gun Store)
Cobalt Firearm Instruction’s recommended method. You may possibly pay just a bit more for your gun, but for reasons I’ve gone over in previous posts, I think an actual gun shop is the way to go to buy your first gun. Try and find one with a gunsmith on-hand along with a knowledgeable staff. Buying your first gun will be a much better experience with local experts who have your back if you have questions or problems. Many gun stores will even warranty a firearm for a given amount of time if you purchase with them. The process is straightforward and simple. You go in to the store, tell them which firearm you would like, fill out your background check paperwork, wait for approval from law enforcement, then make payment and leave with your new gun.
2. Big Box Store – (Cabelas, Walmart, Bass Pro Shop, Gander Mountain, etc.)
They will sometimes have a larger selection of the name brand firearms. They are strictly a middleman between the manufacturer (Smith and Wesson, Sig Sauer, Ruger, etc.) and you. Big box stores will honor any manufacturer’s warranty by way of sending your gun back to said manufacturer should anything go wrong, but that’s about it. They will sometimes have a slightly lower price than your mom & pop shops, but what you see is what you get and then you leave. The paperwork process for purchasing at a Big Box Store is the same as it would be at a gun shop, you fill out your paperwork, it’s submitted to law enforcement, and pending approval, you pay, take your firearm and leave.
3. Online – (GunBroker & the likes)
You will make a purchase in an “ebay-esque” style bidding war. You will then pay the seller online for the firearm (which you do NOT yet own) you will tell the seller which FFL you would like them to send your gun to. When your gun arrives at the shop, the FFL will notify you and request that you come in to fill out your paperwork. (You still don’t own the gun) After you’ve completed your paperwork (assuming it comes back ok) you will normally pay the FFL an additional transfer fee (in VA it can run around 25-40 dollars) Once this has been paid, you now own your gun. When you purchase online, you do not know the person you’re buying the firearm from, you may find a good deal “cost-wise”, but you essentially get what you get. You do not get to handle the firearm beforehand, and there’s no such thing as bringing the gun back in to the store with any questions. Though sometimes a seemingly less expensive way to purchase, when you add in the transfer fees, lack of extended warranty, etc it may not actually be cheaper. I think once you have a good amount of experience and a network of people to go to for maintenance and questions, online can be a great way to find a good deal on a hard-to-find gun, but I don’t recommend it for your first purchase.
4. Private Sale – (Legally purchasing a firearm from another private citizen.)
This is not legal in some states. However, if you live in a state where this is legal, you may purchase a firearm from a private citizen. (NOTE: If you are not certain of your state’s laws CALL YOUR LOCAL LAW ENFORCEMENT AND CHECK BEFORE YOU PURSUE THIS OPTION!)
If it is legal in your state (as it is in Virginia), I would STRONGLY recommend getting a Bill of Sale for the purchase, AND that you go with the seller go to an FFL and legally transfer the firearm into your name before completing the sale. Many gun shops will allow you to do this for a small fee (around $25-40) which then puts a paper trail behind the transfer of the firearm and puts all parties on more secure legal footing moving forward. It goes like this: You and the seller meet at the FFL, the seller fills out paperwork to transfer the gun to the dealer, you then fill out your paperwork and submit it for a background check just like you were buying from the FFL and (upon approval by law enforcement) the FFL then transfers the gun to you. In this model, it’s not really a person to person sale, the FFL is buying from the seller and selling back to the new buyer (you). This ensures the highest level of accountability and legality at both ends (buyer and seller), and removes any “he said she said” should anything happen to the firearm down the road (theft, crime, etc.)
5. Gun Show
I can already feel the air get sucked out of the room. “Uh oh, that’s a buzz-word nowadays, here we go.” Don’t worry, this isn’t about getting on the soapbox and talking about “gun show loopholes” (person to person sales at the show.) This is about purchasing your gun at a gun show from one of the table distributors. Gun show purchases (from distributors) follow the exact same processes as a purchase at a local gun shop (in terms of the paperwork, identification, etc.) Some distributors at the gun show are not based anywhere around you or where the show is being held. This is a negative to me because as a first time shooter, you want to be able to return to the place you purchased the gun should you have any issues with it or questions about it down the road. As with a big box store, you can sometimes find a cost savings buying at a gun show, but not always. Like with online sales, Gun Shows are a great option for finding a deal down the line when you have a lot of firearm experience under your belt.
So what do you need to bring with you?
1. Drivers License.
Some states require much more identification. Some require permits and licensing and so on. In Virginia, you need an Unexpired Photo ID license with your current address, it needs to be at least 60 days old (you can’t have gotten in 2 days ago and then use it to buy a gun) it needs to show that you are 21 years of age to buy a handgun, or 18 to buy a rifle.
2. 2nd form of ID.
This one is not mandatory in Virginia (anymore, it used to be) but I like to advise people to bring it with just in case. There are a number of factors (however unlikely) that could lead to you needing a second form of ID and it can’t hurt to bring one just in case. This needs to be some form of government issued ID, unexpired, that has both your name and your current address on it. (Think U.S. Passport or voter registration card.)
3. Method of payment.
Give your store a quick call and make sure they accept your preferred method of payment. Nearly all will accept cash. Most will accept Checks and Major credit cards, but go ahead and check anyway. Save yourself the hassle. Bring a bit more money than you think you will need for the purchase. You won’t just be paying the retail price for the gun, there will be taxes (if you want to roughly figure out your cost after tax in Virginia, you can take the retail price and multiply it by 1.053) and a fee of $2 to run your background check through the system. (The gun store does not profit off of this background check fee, it is something charged to the store by the state, don’t get mad at your local gun shop, call your legislators.)
4. A bit of patience.
Unlike buying clothing, purchasing your first handgun can take some time. Plan on a long visit (hours vs minutes.) It may very well be shorter, and if it is then you can be pleasantly surprised, but it could take a long time to finish the process. Don’t put a time limit on yourself when going to buy your first firearm.
So, what’s going to happen?
1. You walk in.
2. You tell the clerk which firearm you want to purchase.
3. You give the clerk your valid ID and begin filling out paperwork. (Normally it is two forms worth of paperwork, one federal and one state.)
4. You read the paperwork CAREFULLY as you fill it out. Do not skim over the questions, read fully and answer each TRUTHFULLY. If you are unsure of what is being asked in a particular question, you can ask for help. *NOTE* there are very strict laws about what the clerk can or cannot answer and they CAN NOT tell you how to answer questions. If they are not allowed to provide the help you’re asking for they are not being rude, they are following the law.
5. You hand the completed forms to the clerk who will then review them and submit them electronically to the appropriate law enforcement agencies who will run a background check on you.
6. You patiently wait. The store and the clerk have no way to speed up or slow down this process. They cannot tell you how long your wait will be. Normally you can count on anywhere between 15 minutes and a few hours, YES HOURS. PLEASE NOTE: Absolutely NO consideration is given to you for already having your concealed carry permit, or a government clearance, or (one day) a history of successfully purchasing firearms, nothing. Each submission is checked as if it is a first. I’ve had checks that have come back in a matter of 2 minutes, and I’ve waited in the shop for hours for others. It is a combination of how busy the agencies doing the checks are, how common your name happens to be, and a host of other factors. A long wait is absolutely NO INDICATION of any wrongdoing on your part. A good friend of a shop where I’ve worked happens to run the local sheriff’s department. His background checks routinely take upwards of an hour even though he has just about every clearance, certification, and scrap of work history you could ask for. Allow me to repeat myself here, the store clerk has no idea how much longer it will take. Nor can they do anything to speed the process up. Be nice.
7. If/when your approval comes through, you pay for your purchase and take control of the firearm. It is now legal. You are officially a new handgun owner.
Congratulations!
Some things to AVOID:
1. Breaking the law.
I have edited the first item on this list and I apologize to anyone who read it previously. It’s been my goal since I started this company to give all shooters, especially those new to firearms, accurate and accessible information. I was incorrect in telling you that you may NEVER buy a firearm for someone else. You may technically (In Virginia) buy a firearm for someone who is legally allowed to own it and gift it to them. The age restrictions still apply, but it is something you may do (I do not recommend buying a gun for someone, but it is technically legal assuming they are legally allowed to own that firearm.)
This should be a no brainer, but time and again you see evidence that it is not. You cannot buy a gun for someone who cannot buy it for themselves, period. Examples of someone who cannot buy a gun for themselves: Someone who is legally forbidden from doing so, someone who is not old enough to own that particular firearm, someone who does not have the necessary identification for themselves, etc. This is referred to as a “straw” or “nominee” purchase. It is illegal, it is a felony, do not do it. Even if you really like them, even if they are family, even if your buddy vouched for them and “they’re totally a good dude.” YOU CANNOT BUY A GUN FOR ANOTHER PERSON. IT IS ILLEGAL. NO IF ANDS OR BUTS. Do not try and do it. Both you and the recipient will be subject to serious legal problems if you try.
“But…wait…what if I want to get my husband or wife a gun as a surprise present? Can I do that? ”
Good question. Technically, yes. I do not recommend doing it that way but legally, as long as your spouse is legally allowed to own said firearm, you can purchase it and gift it to them. I always recommend you work with the shop, buy them a gift card for the amount of the gun, and have them go in and fill out the paperwork for themselves. Write a nice card and give them some flowers/balloons/etc.
2. Joking about breaking the law.
Holy cow I don’t know why people think this one is amusing. Do not joke about the fact that you’re making a fraudulent purchase or that you will use your firearm in the commission of a crime. DON’T! Not only is it not funny, but if that clerk does not know you, or doesn’t know beyond a shadow of a doubt that you’re joking, they can (and should) terminate that purchase. DON’T.
3. LYING on your background check paperwork.
The paperwork you’re about to submit is going to be reviewed very closely by an advanced computer system and law enforcement professionals with access to all of your background information. Lying gets you absolutely nothing but trouble when you are inevitably found out. Do not lie on these forms. Why?
Lying on these forms is a felony that can bring up to 10 years jail time and a $250,000 fine! That’s why.
4. Filling out the paperwork too quickly and realizing you’ve made a mistake.
Shifting gears to something much less serious, but still very much a hassle. Having to make changes on official ATF documents is a pain for both you and the employees. So take your time, read carefully, and answer COMPLETELY and HONESTLY so you don’t have to make any changes later. Don’t assume you think you know what the question is going to ask, some questions are written specifically to be tricky. Pay attention. Read carefully.
Please note: BY LAW gun shop employees cannot fill out any part of that form for you. If a change needs to be made, no matter how minor (birthdate, spelling of a town, etc.) you and only you has to be the one to do it.
5. Asking for help as to HOW to answer a question.
Employees cannot tell you HOW to answer any question on the forms. You can ask for clarification on WHAT is being asked for (and perhaps they can help, but not always) but they can never tell you HOW you should answer any question.
6. Filling out paperwork for someone else.
Illegal. Do not do it. If you need the help of a translator, that can be arranged. However, you cannot fill out the paperwork for someone else just because they are having a tough time with it.
7. Complaining to the employees about “all this darn paperwork.”
They did not institute the laws, they are just following them so they can remain in business. Not that any of you amazing folks reading this would ever complain, but if you’re telling one of your friends about this make sure they know to keep their complaints to themselves please and thank you.
Conclusion
Buying your first gun is most likely going to be nothing like you imagine. It doesn’t have to be difficult or scary or anything of the sort, but it does need to be taken seriously.
Go in prepared, do it the right way, and walk out with a brand new (to you) gun and get ready to have some serious (safe) fun.
Remember to have all IDs ready, be completely honest, and give yourself enough time to do it the right way and see the process through to the end and you will be golden.
Got any good gun-purchasing stories or questions about the process? I want to hear about them! Leave them in the comments below!
Stay Smart, Stay Safe, Never Stop Improving.
Nice overview. Helps take some of the mystery out of the process. Good job.
Thanks as always!