How to Sell a Gun in Maricopa County Arizona?
How to Sell a Gun in Maricopa County Arizona?
In Maricopa County, Arizona, there are a number of laws that regulate the purchase and sale of firearms. These laws are designed to ensure the safety of the public and to prevent the illegal acquisition and possession of firearms by prohibited persons. Navigating these regulations in addition to the state and federal laws in place can be overwhelming to the uninitiated. In Maricopa County, Arizona, the laws for buying and selling a firearm are governed by both federal and state regulations. It is important for potential buyers and sellers to familiarize themselves with these laws before attempting to purchase or sell a firearm in Maricopa County. For those who reside in Maricopa county and wish to be informed on the firearms sales regulations, we have provided a helpful guide to navigate these regulations in this blog.
The following information is compiled from a memorandum on State Laws and Published ordinances from the Arizona Office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Private Sales of a Firearm in Maricopa County
In the state of Arizona, under Title 44, Trade and Commerce Chapter 36, Private Firearm Transactions Article 1, in the general provisions, it declares, “This state or any political subdivision of this state may not enact or implement any additional fee, tax, assessment, lien or other encumbrance on the transfer of a firearm between two private parties who are not prohibited possessors under state or federal law.”
However, there are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge.
Restrictions on Firearm Ownership in Arizona
Generally, Arizona defaults to federal law regarding the sale and purchase of firearms.
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in the state.
The following disqualifies a person in Arizona from purchasing a firearm.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 02/22/23 from https://www.atf.gov/file/117151/download