Selling your firearm checklist
This is a practical checklist for a compliant transfer. If anything feels unclear or high-risk, using a licensed dealer is the simplest way to ensure the transfer is correctly documented and legally compliant.
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1
Confirm the transfer requires a licensed dealer.
In New Mexico, most private firearm transfers must be processed by a licensed firearms dealer (FFL). Do not assume a direct private sale is lawful without verifying the applicable exemptions.
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2
Coordinate with a licensed dealer to handle the transfer.
Both buyer and seller meet at the FFL. The dealer records the firearm details and initiates the required background check before any transfer can occur.
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3
Wait for background check approval.
The firearm cannot be transferred until the dealer receives approval through the background check system. If the buyer is denied, the transfer cannot proceed.
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4
Document the completed transfer.
Once approved, the dealer finalizes the paperwork and records the transaction. Keep any documentation provided for your records.
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5
Consider selling directly to a licensed buyer.
Selling to a federally licensed buyer like WeBuyGuns.com simplifies the process by handling compliance, shipping and documentation without the uncertainty of private meetups.
Updated: February 14, 2026
State laws for selling a gun in New Mexico
New Mexico requires background checks for most firearm transfers, including most private sales. In practical terms, this means a licensed firearms dealer (FFL) must usually process the transaction.
If you are selling a firearm in New Mexico, assume dealer involvement is required unless you have confirmed a specific statutory exemption. Review official sources below before proceeding.
| Topic | Status | Notes |
|---|---|---|
| Background check for private transfers | YES | New Mexico requires most firearm transfers to go through a licensed dealer who conducts a background check. |
| Dealer required for most private sales | YES | Private party transfers generally must be processed by an FFL unless a narrow exemption applies. |
| Waiting period | NO fixed period | There is no statutory waiting period, but the transfer cannot proceed until background check approval is received. |
| Can I sell to an out-of-state buyer | NO (directly) | Federal law prohibits private interstate firearm transfers. An FFL in the buyer’s state must handle the transfer. |
| Minimum age | YES | Federal age limits apply and are enforced by the dealer during the background check process. |
| State permit required | NO | New Mexico does not require a general permit to purchase firearms, but dealer processing is required for most transfers. |
State law details
Understanding New Mexico firearm sale rules
A detailed breakdown of common requirements.
Understanding New Mexico firearm sale rules
Identification & documentation
When a transfer is processed through a licensed dealer, both buyer and seller must present valid government-issued photo identification. The dealer records firearm details and submits required information as part of the background check process.
- Government-issued photo ID required
- Dealer records make, model and serial number
- Transfer cannot proceed without proper documentation
- N.M. Stat. Ann. § 30-7-7.1 - Requirement for background checks for most firearm transfers
Background checks
New Mexico’s universal background check law requires most private transfers to be completed through a licensed dealer, who conducts the background check before releasing the firearm.
- Dealer initiates background check before transfer
- Transfer denied if buyer is prohibited
- Private, undocumented sales are generally unlawful
- N.M. Stat. Ann. § 30-7-7.1 - Background check requirement for firearm transfers
- 18 U.S.C. § 922 - Federal prohibited persons and interstate transfer rules
Age & eligibility
Federal law establishes minimum age requirements and defines categories of prohibited persons. Licensed dealers verify eligibility before completing a transfer.
- Federal minimum age rules apply (generally 18 for long guns, 21 for handguns from dealers)
- Prohibited persons cannot lawfully receive firearms
- Dealer denies transfer if background check fails
- 18 U.S.C. § 922 - Federal prohibited persons and eligibility restrictions
Waiting periods
New Mexico does not impose a fixed statutory waiting period. However, a firearm cannot be transferred until the background check is approved by the dealer.
- No fixed waiting period in statute
- Transfer depends on background check approval
- Delays may occur based on system processing
Prohibited persons
Federal law prohibits certain individuals from possessing firearms. Attempting to transfer a firearm to a prohibited person is a serious criminal offense.
- Felony convictions and certain restraining orders can disqualify a buyer
- Dealer background check screens for prohibiting factors
- Stop the transaction immediately if eligibility is unclear
- 18 U.S.C. § 922 - Federal categories of prohibited persons
Avoid unlawful private transfers
New Mexico requires background checks for most firearm transfers. Attempting a private sale without a licensed dealer can create serious legal risk. Selling directly to a licensed buyer removes uncertainty and ensures the transfer is fully compliant.
We’ve purchased dozens of firearms from New Mexico sellers through a fully licensed process that complies with universal background check requirements.
New Mexico residents must follow federal laws for private transactions
ATF guidance and prohibited person requirements
Federal law requires that the buyer of a firearm must be legally eligible to own a gun.
Local ordinances, city rules and county policies
New Mexico’s core rules for buying and selling firearms are set at the state and federal level, but local ordinances and agency policies can still affect how a transfer plays out. The biggest local impacts are usually about where you can meet, where you can carry or transport firearms, and the administrative processes used by local dealers or law enforcement agencies.
- City and county discharge ordinances: Many municipalities regulate firearm discharge, especially within city limits. These rules do not change transfer requirements but they can affect where you can safely meet, test-fire, or handle a firearm prior to sale.
- Public property and facility rules: Local governments and controlled facilities may prohibit firearms on certain public properties, in courthouses, or in government buildings. This does not change state transfer law but it can affect meeting locations and transport planning.
- Dealer availability and local process friction: Because most private transfers require an FFL background check, local dealer availability, appointment policies and documentation expectations can affect timing and cost. Confirm the dealer’s process before you show up.
Local rules rarely change whether a firearm can be sold, but they can add friction to how a transfer happens. If you want the cleanest, lowest-risk path, using a licensed buyer helps avoid surprises tied to local procedures, scheduling, and logistics.