Navigating Missouri Gun Laws: A Comprehensive Guide to Legal Firearm Ownership

Missouri, known for its strong Second Amendment stance, generally has permissive gun laws. However, understanding the specific regulations is crucial for any responsible gun owner. This comprehensive guide will walk you through the process of legally purchasing a firearm in Missouri, covering everything from eligibility requirements to necessary paperwork and where to buy.

Who Can Legally Purchase a Firearm in Missouri?

Before you begin the process of buying a gun, it’s essential to determine if you meet the legal requirements. In Missouri, you must:

• Be at least 18 years old to purchase rifles and shotguns.
• Be at least 21 years old to purchase handguns from a licensed dealer.
• Be a Missouri resident or have a permanent duty station in Missouri for military personnel.
• Be legally permitted to own a firearm under federal and state law. This means you cannot be a:
  • Convicted felon
  • Fugitive from justice
  • Subject of an active order of protection
  • Convicted of misdemeanor domestic violence
  • Adjudicated mentally defective or have been committed to a mental institution
  • Unlawfully using or addicted to a controlled substance

It’s crucial to remember that these are just the basic requirements. Certain situations can still prevent you from legally purchasing a firearm. If you are unsure about your eligibility, it’s advisable to consult with an attorney or a qualified legal professional.

Types of Firearm Sales in Missouri

Missouri recognizes two main types of firearm sales:

1. Sales by Licensed Dealers (FFLs): These are the most common type of gun sale. Federal Firearms License (FFL) holders, which include gun stores, pawn shops, and some individuals who frequently deal in firearms, are required to perform background checks on all purchasers before transferring a firearm.
2. Private Sales: This refers to sales between two individuals who are not licensed dealers. In Missouri, private sales of firearms do not require a background check, although it is wise to do one anyway. Be aware of federal and state laws regarding prohibited purchasers.

Step-by-Step Guide to Buying a Gun from a Licensed Dealer (FFL)

This is the most common method for purchasing a firearm. Here’s a detailed breakdown of the process:

1. Choose Your Firearm: Decide what type of firearm you need based on your purpose (e.g., hunting, sport shooting, self-defense). Research various brands and models to find one that fits your budget and needs. Handle firearms carefully, point them in a safe direction, and ask the staff to help you select the proper one.

2. Locate an FFL Dealer: Find a reputable licensed firearms dealer. You can use online tools, search engines, or ask for recommendations from experienced gun owners. Check reviews and ratings before visiting. Make sure they are within your driving radius.

3. Visit the Store and Make Your Selection: Browse the dealer’s inventory and ask questions if you are unsure about any specific models. Once you’ve chosen a firearm, the dealer will initiate the purchase process. This could involve the following:

   • Completing ATF Form 4473: You’ll be required to fill out the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Form 4473, which is a firearm transaction record. This form asks for personal information and contains specific questions about your legal eligibility to purchase a firearm. Be truthful on this form. Dishonesty is a felony.

4. Background Check: The FFL dealer will submit your information from Form 4473 to the FBI’s National Instant Criminal Background Check System (NICS). NICS will verify your information. NICS will return one of the following statuses to the dealer:

   • Proceed: If everything checks out, the dealer will be authorized to proceed with the sale.
   • Delayed: If there are discrepancies or if NICS needs more time to review your information, the dealer will receive a “delayed” response. This delay can last up to three business days. You must return within 30 days of when the delay originated to pick up your firearm.
   • Denied: If NICS finds that you are not legally eligible to purchase a firearm, the transaction will be denied.

5. Waiting Period (If Applicable): Missouri does not have a mandatory waiting period for firearm purchases. If you pass the background check, you will generally be able to take possession of the gun immediately.

6. Complete the Purchase and Take Possession: If you have passed the background check the dealer will complete the sale and you will be able to take possession of your firearm. Make sure the dealer registers your name, address, and firearm information in their bound book.

7. Payment: You will need to pay for your new firearm before you take it home. Usually cash or credit card is accepted. It is best to clarify with the FFL prior to making the purchase to make sure they will accept your choice of payment method.

Step-by-Step Guide to Buying a Gun in a Private Sale

While private sales do not require a background check in Missouri, there are still some steps you should take for your own safety and legal compliance. It is highly recommended to still conduct a background check via an FFL holder. Here is the recommended process:

1. Find a Seller: Locate a private seller who is willing to sell their firearm. Use online platforms, gun forums, or connections with friends to find them.

2. Meet the Seller and Inspect the Firearm: Before committing to the purchase, meet with the seller to examine the firearm. Ensure that it is in good working condition and as described. Use safety precautions and make sure the firearm is unloaded when you inspect it.

3. Agree on a Price: Negotiate a price with the seller that both of you are comfortable with.

4. Conduct a Background Check: While not legally required, it is highly recommended that you and the seller go to a local FFL dealer and conduct a background check on the buyer. This will ensure the sale is legal on both ends. You can request the FFL transfer the firearm at that point.

5. Complete the Transaction: If the background check clears and you decide to continue with the purchase, exchange the payment for the firearm.

6. Keep Records: It’s a good practice to create a bill of sale for your records that includes the name and contact information of the seller, the name of the buyer, the date of the sale, and a description of the firearm and its serial number. This can help in the future should the need arise.

Important Considerations

Here are some critical points to keep in mind:

• Know Your Local Laws: While Missouri has fairly permissive gun laws, local municipalities may have additional regulations. Be aware of these to stay compliant. Some municipalities have stricter rules concerning certain types of firearms or magazines.
• Firearm Safety: Always prioritize firearm safety. Take a gun safety course before buying your first gun and continue learning. Familiarize yourself with the specific rules and safe handling practices.
• Secure Storage: Store your firearms safely and securely, especially if you have children in your home. Gun safes and trigger locks can prevent accidental misuse of firearms.
• Transportation: When transporting a firearm, keep it unloaded and stored in a case or locked container.
• Concealed Carry Permits: If you want to carry a concealed firearm, you will need to obtain a Concealed Carry Permit. To do so you must be 19 years of age, attend a firearms safety class, and meet the basic eligibility requirements.
• Federal Laws: Be sure you are in compliance with federal law. These can be different than state laws. Know the basics on both.

Conclusion

Purchasing a firearm in Missouri, whether from a licensed dealer or a private seller, requires adherence to both state and federal regulations. By understanding the eligibility requirements, following the correct steps, and prioritizing firearm safety, you can become a responsible and law-abiding gun owner. Always stay informed about any updates to gun laws and take the necessary precautions to ensure the safety of yourself and your community. Remember, responsible gun ownership is a right that comes with responsibilities. Do your research, follow the laws, and handle all firearms with the utmost care.

This guide provides an overview of the process, but it should not be taken as legal advice. If you have any doubts or questions, consult with a qualified attorney or a firearms expert.