Private Sale
View the laws in your state to understand the requirements of selling a firearm privately.
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
What is a Federal Firearms License (FFL)?
A Federal Firearms License (FFL) is given to gun shops and businesses and allows them to sell, manufacture, and transport firearms and ammunition in the United States. FFL businesses have to abide by certain procedures, including customer background checks, in order to allow customers to purchase firearms from them.
In most cases, gun owners do not need to have an FFL when selling a gun privately unless outlined in their state or local laws. However, it is necessary for the public and private sale of firearms over state lines.
What is a Concealed Carry?
A concealed carry is possessing a firearm while in public in a hidden manner. A permit is required in most parts of the United States, while some states have constitutional rights to possess a concealed carry weapon without a license. A concealed carry is usually a gun such as a pistol or similar handgun.
How to Get a Permit
Getting a concealed carry permit depends on the laws in the carrier’s jurisdiction. Concealed carry is legal in every part of the United States, although local laws and permits must be followed. For most Midwest areas, there are constitutional rights to concealed carry without a license, while cities like New York have strict permitting laws.
Use Usconcealedcarry.com as a guide to state laws and reciprocity.
How to Sell a Firearm (6 steps)
1. Look Up Gun Laws
This is very important. Some states require permits to be held by the buyers while others require all sales to be processed through authorized dealers. in California for example, the sale of a private gun, outside an authorized dealer, is considered a misdemeanor.
Use This Table as a guide to viewing the laws in each state regarding the sale of a firearm.
2. Sell to a Trusted Person
An owner of a firearm cannot sell it on the internet with sites like eBay or Craigslist. However, in most states, almost any individual without a criminal record is allowed to buy a gun.
As a responsible gun owner, it’s best to be careful with whom you sell your gun. Therefore, it’s recommended to only sell to someone you may know personally, such as friends, family, or neighbors. If this isn’t possible, be cautious and ask interested buyers to provide proof of identity before moving forward with the transaction.
It’s always best to just walk away if you feel something is off about the exchange or the individual’s character.
3. Perform a Background Check
If you are unsure if the buyer has a clean record it’s best to perform a criminal background check to verify the person is who they claim to be. Use one of the following sites depending on the type of query:
Criminal Background Search
- CriminalWatchdog.com – $18.95
- SentryLink.com – $19.95
- BeenVerified.com – $26.89 (1-month subscription with unlimited queries)
Sex Offender Search
- www.nsopw.gov – Free
4. Negotiate the Sale
After the buyer has been approved, it’s time to negotiate the sale. This usually involves a source of payment such as cash, although trading guns is common. It’s best to have an oral agreement made to outline the basic terms, such as the purchase price, payment source (cash, check, etc.), and the number of installments.
5. Write a Bill of Sale
Use the instructions to complete a bill of sale that details the terms of the transaction. All buyers should also be required to sign a disclaimer requiring the individual to verify they can purchase the firearm. In the event the gun is used in an illegal manner this will hold the seller harmless of any wrongdoing.
6. Make the Exchange
After the terms have been signed it’s now time to complete the sale and meet. The buyer should be prepared to have the payment ready and the seller should have the gun in their possession. Once the trade has commenced, the sale becomes final, and both buyer and seller are free of liability to one another.
Serial Number (#) – If you are the buyer, it is imperative that the serial number is located on the gun. If not, the sale may not be deemed legal. In addition, firearms without serial numbers are commonly used in criminal activity.
State Laws for Private Sales
State | Is a background check required for a Private Sale? | Additional Rules |
Alabama | No | No person can purchase a firearm under § 13A-11-72 |
Alaska | No | No person can purchase a firearm under AS 11.61.200. If the seller is a business engaged in selling second-hand guns, they must keep a record of the transaction under AS 08.76.010 |
Arizona | No | Under ARS 13-3102(A)(5), no person may purchase a firearm that is a “prohibited possessor” as listed under ARS 13-3101(A)(7) |
Arkansas | No | Any person who meets the criteria of A.C.A. § 5-73-103 is prohibited from purchasing a firearm. |
California | Yes | Private sales must be conducted through a licensed firearms dealer pursuant to PEN §26700 to § 26915 inclusive. |
Colorado | Yes | As required by C.R.S. 18-12-112, anyone wishing to privately sell a firearm must do so with the assistance of a licensed dealer. |
Connecticut | Yes | In accordance with CT Gen Stat § 29-33(c), a private seller is required to obtain an authorization number from the Connecticut Commissioner of Emergency Services and Public Protection, which performs the necessary background check on the potential purchaser. |
Delaware | Yes | In accordance with Del. Code tit. 24 §901 only individuals or entities that have obtained a “special license to sell deadly weapons” may process any sale or trade of a firearm in Delaware. |
Florida | Yes | Only a properly licensed importer, manufacturer, or dealer can complete the sale of a firearm in Florida, as outlined in Fla. Stat. §790.065. |
Georgia | No | Specific persons are prohibited from purchasing a firearm in Georgia, as outlined in O.C.G.A. §16-11-131(b.1) |
Hawaii | Yes | HI Rev. Stat. §§ 134-4(a) and §134-7 states which individuals may purchase or possess a firearm and those ineligible. |
Idaho | No | ID Code §18-3302 outlines what criteria render a person ineligible from purchasing a firearm in the state. |
Illinois | Yes | Only those individuals and entities that have been issued a certificate of license as outlined under 430 ILSC 65/5-15 are permitted to sell or trade firearms in the state of Illinois. All purchasing parties are required to have a valid Firearm Owner’s Identification Card issued by the Department of State Police. |
Indiana | No | An individual is prohibited from purchasing a firearm if they meet any of the criteria in IN Code § 35-47-2-3(i). |
Iowa | Yes | Only individuals who have been issued a Permit to Acquire by their local Sheriff’s department are eligible to purchase and own a firearm. A background check is required to obtain a Permit to Acquire. |
Kansas | No | The use, ownership, or purchase of a firearm is illegal if the act meets the characteristics outlined in Kan. Stat. §21-6301 |
Kentucky | No | Only those federally prohibited from owning a firearm per 18 U.S.C. sec 922(g)(8) are prohibited in Kentucky. |
Louisiana | No | L.A. Rev. Stat. § 14:95.1(A) describes who is prohibited from purchasing a firearm in Louisiana. |
Maine | No | An individual is not permitted to own or purchase a firearm as outlined in 15 ME Rev Stat § 393. |
Maryland | Yes | In accordance with MD Pub Safety Code § 5-106, any individual or entity selling a firearm must be a Regulated Firearms Dealer. |
Massachusetts | Yes | In accordance with MA Gen L ch 140 § 122, only those with a Firearms Dealer License may sell a firearm in the state. |
Michigan | Yes | MSP § 28.422a explains that any buyer in a private sale is required to have a state-issued handgun permit. |
Minnesota | No | In order to purchase a firearm in the state of Minnesota, the buyer must either have a Permit to Purchase/Transfer or a Permit to Carry issued by their local sheriff’s office. An individual who meets any of the following criteria, per MN Stat § 624.713, is prohibited from obtaining either of these permits and owning or purchasing a firearm |
Mississippi | No | Felons are prohibited from purchasing a firearm pursuant to Miss Code Ann. § 97-37-5(1). |
Missouri | No | Per MO Rev. Stat. § 571.070 felons, fugitives, alcohol and drug addicts, and those determined mentally incompetent are prohibited from purchasing a firearm. |
Montana | No | A person is prohibited from purchasing a firearm in Montana if they have been convicted of a felony under MT Code § 46-18-221, or an offense under the law of another state or of the United States that is equivalent to an offense that when committed in Montana is subject to an additional sentence under MT Code § 46-18-221. |
Nebraska | No | As established in NE. Rev. Stat. §§ 69-2404 and 28-1202.01, any person, other than a minor or prohibited person, may purchase and carry a firearm in Nebraska with or without a permit. |
Nevada | Yes | As mandated by NRS § 202.2533, only licensed firearms dealers are allowed to sell firearms in the state, and they are required to run a federal background check on all buyers. |
New Hampshire | Yes | Pursuant to NH Rev. Stat. § 159:10, any person or business that attempts or completes a sale of a firearm without an appropriate license be guilty of a class B felony. |
New Jersey | Yes | Any seller of a firearm must either be a licensed dealer or a private citizen with a Firearm Identification Card. Anyone who wishes to buy a firearm from a licensed dealer must obtain a Handgun Purchase Permit from their local police department. |
New Mexico | Yes | If a seller does not have a federal firearms dealer’s license, they must utilize a person or business that does in order to complete the required federal background check on the potential buyer as required by NM Stat. § 30-7-7.1(2). |
New York | Yes | In accordance with NY Gen Bus L § 898, an unlicensed private seller is required to conduct a background check through a licensed firearms dealer. |
North Carolina | No | In March 2023, North Carolina repealed its laws requiring a permit to purchase a handgun. Individuals who are eligible may purchase a firearm with or without a permit through private sales. |
North Dakota | No | ND Cent. Code § 62.1-02-01 explains the criteria that render a person ineligible to purchase a firearm in the state of North Dakota. |
Ohio | No | In accordance with OH Rev Code § 2923.13(A), a person is ineligible to purchase or own a firearm if they are fighting or convicted of a felony or other crime as described, have a dependency on alcohol or drugs, or have been determined to have a mental illness. |
Oklahoma | No | An individual who meets any of the criteria listed in OK Stat § 21-1283 is prohibited from purchasing and owning a firearm. |
Oregon | Yes | Anyone who can legally own a firearm can also sell one in a private transaction, however, per ORS 166.435(2) the seller and buyer must utilize a federally licensed gun dealer to conduct a background check on the buyer prior to completing the change of ownership. |
Pennsylvania | Yes | 18 PA Cons Stat § 6111(c) stipulates that all private sales must take place with a licensed dealer or at a sheriff’s office so that a proper background check may be conducted. Per 18 PA Cons Stat § 6111(a), a seller must wait at least forty-eight (48) hours before delivering a sold firearm to the purchaser. |
Rhode Island | Yes | A private seller can only do business with a buyer who has a valid permit to purchase per RI Gen L § 11-47-35.2, and they must conduct a seven (7) day waiting period between completing the financial transaction and delivering the firearm to the buyer. |
South Carolina | No | Certain persons are prohibited from owning a firearm per SC Code § 16-23-30(A). |
South Dakota | No | A purchaser must be at least 18 years old (SD Codified §23-7-44) and have not been convicted of a felony or misdemeanor per § 22-42 and § 22-14-15 through 15.3. |
Tennessee | No | Anyone who has been convicted of domestic violence or is the subject of an order of protection is prohibited from buying a firearm pursuant to Tenn. Code Ann. § 39-17-1307(f)(1). |
Texas | No | Only those federally prohibited from owning a firearm per 18 U.S.C. sec 922(g)(8) are prohibited in Texas. |
Utah | No | Utah has two levels of firearm ownership prohibition as outlined by UT Code § 76-10-503. |
Vermont | Yes | In order for two parties to complete the private sale of a firearm, they must engage the services of a licensed dealer to perform the transaction as mandated by 13 V.S.A. § 4019(b)(1). |
Virginia | No | Certain individuals are prohibited from purchasing a firearm pursuant to VA Code §§ 18.2-308.1:1 through 1:6 and VA Code § 18.2-308.2. |
Washington | Yes | The seller is required to utilize a licensed dealer to conduct the required federal background check on the potential buyer as explained in WA Rev Code § 9.41.113. |
Washington D.C. | ||
West Virginia | No | A person is prohibited from owning or purchasing a firearm in West Virginia if that person in accordance with WV Code § 61-7-7. |
Wisconsin | No | Any person is prohibited from purchasing a firearm in accordance with WI Stat. § 941.29. |
Wyoming | No | WY Stat § 6-8-404 outlines the requirements for a person to purchase a firearm in the state. |