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 buyer is legally eligible.
In Virginia, sellers must not transfer a firearm to anyone they know or reasonably suspect is prohibited. Confirm residency and eligibility before proceeding.
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2
Complete the required background check.
Virginia requires background checks for most private firearm sales. The check must be completed through a licensed dealer or approved state process before transfer.
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3
Do not transfer the firearm until approval is received.
The firearm cannot change possession until the background check is approved. Transferring early can create serious legal liability.
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4
Avoid interstate private transfers.
Do not sell a firearm privately to an out-of-state buyer. Interstate transfers must go through licensed dealers under federal law.
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5
Consider selling directly to a licensed buyer.
Selling to a federally licensed buyer like WeBuyGuns.com simplifies compliance by handling background checks, shipping and documentation.
Updated: February 14, 2026
State laws for selling a gun in Virginia
Virginia allows private firearm sales but requires background checks for most transfers. While the state is less restrictive than some coastal jurisdictions, sellers still carry legal responsibility for ensuring every transfer complies with state and federal law.
If you are selling a firearm in Virginia, assume a background check is required unless you have confirmed a narrow statutory exception. Use the official resources below to verify how the rules apply to your situation.
| Topic | Status | Notes |
|---|---|---|
| Background check for private transfers | YES | Virginia requires background checks for most private firearm transfers before possession changes. |
| Waiting period | NO | Virginia does not impose a mandatory waiting period once the background check is approved. |
| Can I sell to an out-of-state buyer | NO (directly) | Private interstate firearm transfers are prohibited and must go through licensed dealers. |
| Minimum age | YES | Minimum age requirements apply based on firearm type and federal law. |
| Registration required | NO | Virginia does not maintain a general firearm registration system. |
| Bill of sale | Recommended | Not required by statute but recommended for documentation and liability protection. |
State law details
Understanding Virginia firearm sale rules
A detailed breakdown of common requirements.
Understanding Virginia firearm sale rules
Identification & documentation
Virginia requires sellers to verify identity and eligibility before completing a firearm transfer. Background checks must be completed prior to possession changing hands.
- Government-issued photo ID is required
- Residency should be confirmed for private transfers
- Do not proceed without background check approval
- Va. Code § 18.2-308.2:5 - Requirement for background checks prior to firearm transfers
Background checks
Virginia enforces universal background checks for most firearm transfers, including private sales, to prevent prohibited persons from acquiring firearms.
- Background checks must be completed before transfer
- Checks are conducted through licensed dealers or approved processes
- Transfers cannot proceed without approval
- Va. Code § 18.2-308.2:1 - Criminal history background checks for firearm transfers
Age & eligibility
Virginia enforces age and eligibility requirements based on firearm type and federal law. Sellers must not proceed if eligibility is unclear.
- Federal age minimums apply
- Eligibility is confirmed during the background check
- Transfers must stop if the buyer is denied
- Va. Code § 18.2-308.7 - Prohibited possession of firearms by certain persons
Waiting periods
Virginia does not impose a statutory waiting period once a background check is approved.
- No fixed waiting period after approval
- Delays may occur if background check is delayed
- Do not transfer until approval is confirmed
Prohibited persons
Both federal law and Virginia statutes prohibit certain individuals from possessing firearms. Sellers face liability if they ignore warning signs.
- Do not sell to prohibited persons
- Stop the transaction if approval is denied
- Background checks enforce eligibility requirements
- Va. Code § 18.2-308.2 - Possession or transport of firearms by prohibited persons
Avoid background check mistakes and transfer liability
Virginia requires background checks for most firearm transfers, including private sales. Missteps in timing, eligibility or documentation can expose sellers to serious legal risk. Selling directly to a licensed buyer removes uncertainty and compliance friction.
We’ve purchased over 350 firearms from Virginia sellers through a fully licensed process that navigates background check requirements and Virginia transfer rules.
Virginia 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
Virginia sets most firearm transfer and eligibility rules at the state level. Local governments generally do not control whether a firearm transfer is legal, but local policies can still affect where you meet, where you can bring a firearm, and how smoothly a transaction goes in practice. Most “local” friction comes from facility rules, posted restrictions in government buildings, and local scheduling or procedures at dealers.
- Local government buildings and controlled facilities: Counties and municipalities may enforce firearms restrictions inside government buildings, courthouses, and controlled facilities. These rules do not change Virginia transfer law but they can affect meeting locations, transport planning, and where you can safely handle a firearm.
- Public property and posted rules: Some localities have rules for firearms on locally controlled property such as parks, recreation facilities, and event venues. These policies tend to be about possession on-site rather than sale legality but can still affect where you meet a buyer or how you transport a firearm.
- Dealer process and appointment friction: Even when the law is clear, the practical process can vary by dealer and region. Inventory intake rules, appointment windows, documentation preferences, and background check timing can all create local friction that delays transfers.
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, facility restrictions, and scheduling delays.