Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 3 weeks ago

If someone fails a background check when purchasing a firearm from a gun store, can they still purchase a firearm from a friends or family?

Say for instance, a friend of mine failed a background check at a gun store and he is denied the sale of a handgun. Does that ban him from gun ownership completely, or would he still be allowed to purchase a handgun from me? Would he need to register the gun under his name? Would he or I get into any trouble for that? I’m new to the gun world and am trying to learn here so don’t judge please. It may sound like a dumb question, but some of these gun laws are a little vague and lacking in detailed information. So if he fails a background check at a gun store, can I legally sell him one of my handguns? In the state of Missouri. Thanks for the information. And I do not intend to break any laws, I’m trying to do the opposite and make sure I do the correct thing here. Thank you. 

8 Answers

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  • 3 weeks ago

    No, not legally, because you cannot legally own one.

  • 3 weeks ago

    Only if they're able to clear whatever it was that caused the prior background check to fail. If you sell your firearm to a friend of yours, you'll still have to do the transfer through a licensed gun dealer who will perform the background check. If you plan to sell it to him for cash and not report it to anyone, then that's akin to the guy selling guns out of the trunk of his car. You would be breaking the law and also making yourself liable for any acts he performs with what's still recognized as 'your' gun.

  • 3 weeks ago

    If you can't pass the criminal records check, which IS NOT a background check, you can't legally POSSESS a firearm.

    While the check isn't required for sales by private owners, it is still a felony to sell to someone you have reason to believe can't legally purchase a firearm.

    Note: In the majority of US states, there is NO SUCH THING as registering a firearm in anyone's name.

    Kerri's answer is ABSURD ON ITS FACE. The DEFINITION of failing the check run by a licensed dealer it that it found something indicating you can't legally possess a gun.

  • 3 weeks ago

    The background check looks for people who are legally banned from having a gun.   So if you fail the test there there is something that put you on the banned list.    While you can buy a gun from a friend or family without a background check you had better consider why you failed the check.   IE:  You are a felon.   A felon can not have a gun no matter where he gets it.   IE:   You were committed to a mental health hospital.   A person who was committed can not have a gun for five years no matter where he gets it.    Your safer bet would be to find out why you were turned down.  It could be something as simple as they spelled your name wrong.    Better to get that straightened out than to risk some major jail time. 

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  • Rick
    Lv 7
    3 weeks ago

    You can order this and have it delivered to your door according to federal law as it is not a firearm.

  • 3 weeks ago

    That depends on your state and local laws.

  • If you have failed a backround check to LEGALLY purchase a firearm. You CANNOT own a firearm, period. A person-to-person sale of a rifle, shotgun or handgun currently does not require a background check. However, a private sale potentially could put the seller at risk of prosecution if the seller knows the firearm is being sold to someone who is prohibited from owning a gun. @Kerri is 100% wrong.

  • Kerri
    Lv 5
    3 weeks ago

    Failing a background check does not automatically preclude the individual from obtaining & owning a firearm.  There are plenty of reasons for failing the background check that are not related to the inability to own a firearm. 

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