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Legal guides

Last legal review: Oct 2026 · Reviewed by Chris Wing

How to Sell a Gun Legally

Selling a firearm in the United States is governed by both federal and state law. Federal law sets nationwide standards, but your state decides how private sales, background checks, paperwork and dealer transfers actually work.

Federal age update (as of Oct 2026): On Sep 17, 2026 the U.S. Department of Justice said it will not criminally enforce the federal 21+ age limit on licensed-dealer handgun sales to law-abiding 18–20-year-olds. The federal statute (18 U.S.C. § 922(b)(1)) is unchanged, and state age limits still apply. DOJ announcement

Step-by-step

How to sell a gun legally: the steps

  1. 1

    Choose a private sale or an FFL transfer

    Some states allow private sales between residents; others require the transfer to go through a federally licensed dealer (FFL). Check your state guide below before you agree to a sale.

  2. 2

    Confirm the buyer is eligible and handle the background check

    Federal law prohibits transferring a firearm to a prohibited person (18 U.S.C. § 922). Dealer transfers include a background check; whether a private sale needs one depends on your state.

  3. 3

    Complete the paperwork and a bill of sale

    Paperwork, permit and registration rules vary by state. Even where it is not required, a written bill of sale with the date, firearm make, model and serial, and buyer details is a sensible record.

  4. 4

    Ship or sell across state lines only through an FFL

    Private interstate firearm transfers are prohibited under federal law. If the buyer lives in another state, the transfer must go through licensed dealers.

Federal firearm laws are primarily enforced under 18 U.S.C. § 922 and administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). See the ATF guidance on prohibited persons and our federal and state law overview.

How to sell a gun legally in your state

Every state has its own approach. Some allow private sales without additional requirements, while others mandate background checks, waiting periods, registration or transfer through a licensed dealer. Select your state for its step-by-step guide.

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 West Virginia Wisconsin Wyoming
These guides cover compliance only and are not legal advice. If you would rather skip the private sale, you can sell directly to We Buy Guns, a federally licensed dealer.

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