Buying guns at a gun show is legal across the United States, but what the sale requires of you depends entirely on who is behind the table. A federally licensed dealer must run a background check on every buyer, the same as at a storefront. A private individual selling from a personal collection, in most states, does not. Which type of seller you’re dealing with is the single most important thing to figure out before you hand over any money.
Buying From a Licensed Dealer
Anyone with a Federal Firearms License (FFL) has to follow the same process at a gun show that they follow in their shop. You fill out ATF Form 4473, the Firearms Transaction Record, providing your personal information and answering eligibility questions under penalty of perjury.1Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF Form 4473 – Firearms Transaction Record
You’ll need a valid government-issued photo ID showing your name, date of birth, and home address. A state driver’s license, state ID card, or military ID works. If your ID doesn’t show your current address, you can pair it with a second government-issued document that does.1Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF Form 4473 – Firearms Transaction Record
The dealer then contacts the National Instant Criminal Background Check System (NICS), run by the FBI. NICS returns one of three responses: proceed, denied, or delayed.2Federal Bureau of Investigation. About NICS
What a Delay Means
Proceed and denied are self-explanatory. Delayed means NICS needs more time. Under the Brady Handgun Violence Prevention Act, if the FBI hasn’t reached a final determination within three business days, the dealer is legally permitted to transfer the firearm. Weekends, the day the check was initiated, and state holidays don’t count toward those three days.2Federal Bureau of Investigation. About NICS
Permitted isn’t required. Many dealers set their own policy of waiting for a definitive NICS response, and some states prohibit the default proceed transfer entirely, requiring the dealer to wait for a final answer no matter how long it takes.
If you’re denied and think it’s a mistake, you can appeal to the FBI’s NICS Section or the state agency that ran the check, using the transaction number.3Federal Bureau of Investigation. Requesting an Appeal – NICS Guide for Appealing
Buying From a Private Seller
Not everyone with a table at a gun show is a licensed dealer. Under federal law, a private individual selling from a personal collection is generally not required to run a background check on the buyer, as long as both parties live in the same state.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This is the gap often called the “gun show loophole,” though it isn’t limited to gun shows. It covers any private sale between residents of the same state.
Many states have closed that gap. In states with universal background check laws, a private seller at a gun show has to route the sale through a licensed dealer, who runs the NICS check before the buyer takes possession. As of early 2025, roughly two dozen states and the District of Columbia require some form of background check on at least certain categories of private sales. Some states cover all firearms; others apply the rule only to handguns. A sale that’s routine in one state can be a criminal offense a few miles across a state line.
Even where no background check is required, a private seller who knowingly sells to someone prohibited from owning a firearm commits a federal crime. The absence of a background check requirement doesn’t shield the seller if they had reason to believe the buyer was ineligible.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Where a private sale does have to run through a dealer, the dealer generally charges a facilitation fee, commonly in the $25 to $50 range, though it varies and can run higher.
Who Cannot Legally Buy
Federal law bars several categories of people from buying or possessing firearms, and the prohibitions apply at gun shows the same as anywhere else. Under 18 U.S.C. ยง 922(g), you cannot legally buy a firearm if you:4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- Have a felony conviction, meaning any crime punishable by more than one year of imprisonment, regardless of the sentence actually served.
- Are a fugitive from justice.
- Use or are addicted to a controlled substance.
- Have been adjudicated mentally ill or committed to a psychiatric facility.
- Are unlawfully in the United States, or are present on a nonimmigrant visa, with limited exceptions.
- Were dishonorably discharged from the Armed Forces.
- Have renounced U.S. citizenship.
- Are subject to a qualifying domestic violence restraining order issued after a hearing where you had notice and the opportunity to participate.
- Have been convicted of a misdemeanor crime of domestic violence.
Lying on Form 4473 about any of these is a separate federal offense, and the form warns that false answers can result in felony charges. Buying a firearm on behalf of someone who can’t legally buy it themselves, known as a straw purchase, carries a maximum federal sentence of 15 years, rising to 25 years when tied to terrorism, drug trafficking, or another felony. Both the straw buyer and the prohibited person who arranged the purchase can be charged.5Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms Knowingly selling a firearm to a prohibited person carries the same 15-year maximum.6Office of the Law Revision Counsel. 18 USC 924 – Penalties
Age Requirements
Federal law sets two age floors for buying from a licensed dealer: 18 for a rifle or shotgun, 21 for a handgun.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Private sales are treated differently. Federal law prohibits transferring a handgun to anyone under 18, and sets no federal minimum age for privately purchasing a long gun, though many states impose their own.7Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Minimum Age for Gun Sales and Transfers
Buyers under 21 purchasing from a licensed dealer face extra scrutiny. Under the Bipartisan Safer Communities Act, NICS examiners go beyond the standard database search and contact state juvenile justice, mental health, and local law enforcement agencies for potentially disqualifying records. That extended review gives examiners up to 10 business days, rather than the standard 3-day window.8Federal Bureau of Investigation. NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results
Buying at a Gun Show in Another State
Federal law sharply limits what you can carry home from a gun show outside your home state. If you’re buying a handgun from a licensed dealer in another state, the dealer cannot hand it to you at the show. It has to be shipped to an FFL in your home state, and you’ll complete Form 4473 and the background check there before taking possession. Long guns are the exception: a licensed dealer can sell you a rifle or shotgun over the counter at an out-of-state show, provided the sale complies with federal law and the laws of both states involved.9Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal Firearms Licensee Quick Reference and Best Practices Guide
Private sellers face a stricter rule. Federal law flatly prohibits an unlicensed person from selling or transferring any firearm, handgun or long gun, to someone they know or have reason to believe lives in a different state. Narrow exceptions exist for inherited firearms and temporary loans for lawful sporting purposes.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts If you want to buy from a private seller at a gun show across state lines, the transaction has to go through a licensed dealer.
State Rules That Add Extra Steps
Federal law sets a floor. States add on top of it, and those additions can change what a gun show purchase looks like in practice.
About a dozen states and the District of Columbia impose waiting periods between purchase and delivery, ranging from one day to 30 days depending on the state and the type of firearm. Some cover all firearms, others only handguns. In a state with a waiting period, you won’t walk out of the show with the gun that day.
Some states require a separate purchase permit before you can buy a firearm at all. Others register certain categories of weapons. These rules apply at gun shows the same way they apply in a storefront.
Before you go, check the specific rules for the state where the show is held, and, if you’re crossing state lines, the rules of your home state as well. What’s legal at one table can be a felony at another table 50 miles away.