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 must go through a licensed dealer.
In New York, nearly all firearm sales—including private party transfers—must be processed by a licensed firearms dealer (FFL). Informal or undocumented private sales are not permitted.
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2
Bring the firearm and required identification to the dealer.
Both buyer and seller must appear at the New York FFL with valid government-issued photo ID. The dealer verifies identity, residency and eligibility.
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3
Complete the dealer transfer and background check.
The dealer conducts the required background check and records the transaction in accordance with New York law before the transfer can proceed.
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4
Wait for approval before completing the transfer.
The firearm cannot be released until the background check is approved and the dealer confirms all legal requirements have been met.
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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 York
New York firearm transfers are highly regulated. Nearly all sales, including private transactions, must be processed through a licensed dealer with mandatory background checks and state reporting.
If you are selling a firearm in New York, assume dealer involvement is required unless a narrow statutory exception applies. Use the official resources below to confirm how the rules apply to your situation.
| Topic | Status | Notes |
|---|---|---|
| Background check for private transfers | YES | All private firearm transfers must be processed through a licensed dealer who conducts the background check. |
| Waiting period | Dealer-dependent | New York does not impose a fixed statutory waiting period, but transfers cannot complete until the background check is approved. |
| Can I sell to an out-of-state buyer | NO (directly) | Private interstate firearm transfers are prohibited. Firearms must be transferred through licensed dealers. |
| Minimum age: Dealer | YES | 21+ for most firearms, with limited statutory exceptions. |
| Minimum age: Private transfer | YES | Private transfers must go through a licensed dealer and follow the same age and eligibility rules as dealer sales. |
| Bill of sale | Dealer-handled | Dealer processing and state records replace traditional private bills of sale. |
State law details
Understanding New York firearm sale rules
A detailed breakdown of common requirements.
Understanding New York firearm sale rules
Identification & documentation
New York does not allow casual private firearm sales. Nearly all transfers must be conducted through a licensed dealer, who verifies identity, residency, and eligibility before completing the transfer.
- Both buyer and seller must appear at a licensed New York FFL
- Valid government-issued photo ID is required
- The dealer records the transfer in compliance with state law
- N.Y. Penal Law § 400.00 - Licensing requirements for possession and transfer of firearms
Background checks & dealer processing
New York enforces universal background checks by requiring dealer involvement for nearly all firearm transfers, including private sales.
- All private transfers must be processed by an FFL
- The dealer conducts the required background check
- Transfers cannot complete until approval is received
- N.Y. Penal Law § 400.00 - Licensing and eligibility requirements for firearm possession and transfers
Age & eligibility
New York generally requires firearm purchasers and transferees to meet strict age and eligibility standards, enforced through dealer processing.
- Most firearm transfers require the buyer to be 21 or older
- Eligibility is verified during the dealer background check
- Transfers must be denied if eligibility cannot be confirmed
- N.Y. Penal Law § 265.20 - Exceptions and age-related provisions for firearm possession and transfers
Waiting periods
New York does not impose a fixed waiting period, but transfers are commonly delayed due to background check processing and dealer scheduling.
- No statutory waiting period
- Transfers cannot complete until background check approval
- Delays are common in high-volume or urban areas
Prohibited persons
New York applies both federal prohibited-person rules and additional state-level restrictions. Attempting to bypass the dealer process can result in serious criminal penalties.
- Dealer processing ensures prohibited-person screening
- Private transfers outside the dealer process are illegal
- If eligibility is uncertain, do not proceed with the sale
- N.Y. Penal Law § 265.01 - Criminal possession of a weapon and prohibited conduct
Avoid transfer delays and compliance issues
New York firearm transfers are tightly regulated and delays are common when selling privately. Dealer scheduling, background check holds, and paperwork issues can stall or derail a sale. Selling directly to a licensed buyer removes these risks.
We’ve purchased over 255 firearms from New York sellers through a fully licensed process.
New York 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 York firearm rules vary in how they are applied across counties and cities, especially where licensing offices, administrative policies, and local enforcement practices differ. While state law sets the baseline for transfers and dealer activity, local rules can affect where and how a handoff happens, what documentation is expected, and how smoothly the process moves.
- NYC is effectively its own world: New York City has additional licensing requirements and administrative policies that are stricter than most of the state. If a transfer touches NYC in any way, assume added rules and extra compliance steps.
- County licensing offices can add process friction: In many counties, pistol licensing is administered locally. This can impact timelines, documentation expectations, and how certain changes or transfers are handled in practice.
- Dealer availability and local operating rules: Even when the transfer rules are statewide, local zoning, business rules, and appointment capacity can affect which dealers are available and how quickly they can process a transfer.
Local rules rarely change whether a firearm can be sold but they can impact how smoothly a transfer happens. Using a licensed buyer with a consistent intake process helps reduce delays caused by local administrative differences.