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 a West Virginia resident.
Private firearm sales are permitted between West Virginia residents. Do not proceed if the buyer resides in another state without involving a licensed dealer.
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2
Verify the buyer is legally eligible.
Federal law prohibits transferring firearms to certain individuals, including convicted felons and others defined as prohibited persons. If you suspect the buyer is ineligible, do not proceed.
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3
Document the sale for your own protection.
While West Virginia does not mandate documentation for private sales, keeping a dated bill of sale with the buyer’s information can provide added protection.
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4
Avoid interstate transfers without an FFL.
If the buyer lives outside West Virginia, the transfer must go through a federally licensed dealer in the buyer’s home state.
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5
Consider selling directly to a licensed buyer.
Selling to a federally licensed buyer like WeBuyGuns.com provides documentation, shipping support and compliance handling without the uncertainty of private transactions.
Updated: February 14, 2026
State laws for selling a gun in West Virginia
West Virginia is generally permissive on private firearm sales, with fewer state-level transfer hurdles than many states. That said, federal prohibited-person rules still apply and sellers can create serious liability if they ignore red flags.
If you are selling a firearm in West Virginia, focus on eligibility, safe handoff logistics, and clean documentation. Use the official resources below to verify how the rules apply to your situation, especially if the buyer is unknown or you are unsure about transfer legality.
| Topic | Status | Notes |
|---|---|---|
| Background check for private transfers | NO (generally) | West Virginia does not generally require background checks for private, in-state transfers, but federal prohibited-person rules still apply. |
| Waiting period | NO | There is no statewide waiting period for private transfers. |
| Can I sell to an out-of-state buyer | NO (directly) | Private interstate firearm transfers are prohibited. Transfers must comply with federal law and involve licensed dealers. |
| Minimum age: Dealer | YES | Federal age rules apply for dealer sales (typically 18+ for long guns and 21+ for handguns). |
| Minimum age: Private transfer | YES | Do not proceed unless the buyer is clearly eligible. Transfers to minors can create legal risk depending on firearm type and circumstances. |
| Bill of sale | Recommended | Not required statewide for most private transfers, but a simple bill of sale helps document date, parties, and firearm details. |
State law details
Understanding West Virginia firearm sale rules
A detailed breakdown of common requirements.
Understanding West Virginia firearm sale rules
Identification & documentation
West Virginia generally allows private firearm sales without a dealer, but sellers should still verify identity and keep basic documentation. If anything about eligibility is unclear, do not proceed.
- Ask for a government-issued photo ID to confirm identity and West Virginia residency
- Use a simple bill of sale to document the transfer (date, make, model, serial number)
- If the buyer is unknown, treat the transaction like a compliance decision, not a convenience decision
- W. Va. Code § 61-7-7 - Prohibited persons; unlawful possession and transfer restrictions
Background checks & transfer pathway
West Virginia does not generally require a background check for private, in-state transfers. If you want the cleanest paper trail or added protection, you can choose to complete the sale through an FFL.
- Private transfers are generally allowed without a dealer process
- You can voluntarily use an FFL if you want a formal transfer record and background check
- Never proceed if you suspect the buyer may be prohibited or acting as a straw purchaser
- W. Va. Code § 61-7-7 - Prohibited persons and restrictions on possession and transfer
Age & eligibility
Even in permissive states, age and eligibility still matter. Federal law controls many age limits and West Virginia law adds restrictions around minors possessing firearms in certain situations.
- Federal age rules apply for dealer sales (handguns are generally 21+ through dealers)
- Avoid transfers where age, identity, or eligibility is unclear
- If the buyer is under 18, do not proceed without clear legal support for the specific situation
- W. Va. Code § 61-7-8 - Possession of deadly weapons by minors; restrictions and exceptions
Waiting periods
West Virginia does not impose a statewide waiting period for private firearm transfers. The biggest delays usually come from logistics, scheduling, and making sure the buyer is eligible.
- No statewide waiting period for private transfers
- If you use an FFL, timing depends on dealer scheduling and background check processing
- If anything feels off, pause the sale rather than rushing the handoff
Prohibited persons
Selling to a prohibited person is a high-risk event that can create criminal exposure. If you have any doubt about the buyer’s eligibility or intent, stop the transaction and use a licensed pathway.
- Do not sell if the buyer appears to be purchasing for someone else (straw purchase risk)
- Do not proceed if the buyer refuses basic ID verification or pressures you to “keep it off the books”
- A licensed buyer or FFL transfer can reduce risk and improve documentation
- W. Va. Code § 61-7-7 - Prohibited persons; unlawful possession and transfer restrictions
Avoid federal transfer violations
West Virginia allows private sales, but federal law still prohibits interstate transfers and sales to prohibited persons. A mistake can create serious legal consequences. Selling directly to a licensed buyer removes those risks.
We’ve purchased dozens of firearms from West Virginia sellers through a fully licensed process that follows federal transfer law and avoids interstate compliance mistakes.
West 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
West Virginia firearm transfer rules are primarily set at the state and federal level. Local governments generally cannot create their own transfer laws, but local practices, facility rules and law enforcement policies can still affect how a sale plays out in the real world. The biggest impacts are usually about meeting locations, transport considerations and dealer procedures.
- Dealer policies and appointment procedures: If you choose to use a licensed dealer for added protection or documentation, individual FFLs may have their own scheduling rules, identification requirements and paperwork expectations. Always confirm requirements before arriving.
- Government buildings and restricted locations: Cities and counties enforce rules for firearms inside courthouses, government offices and certain controlled facilities. These do not change state transfer law, but they can affect where you can legally meet or carry during a transaction.
- Public meeting logistics and safety planning: Even in permissive states, meeting a private buyer carries practical risk. Choose safe, lawful locations and avoid informal settings that create confusion about possession, transport or intent.
West Virginia does not heavily regulate private transfers at the state level, but risk still exists. Local procedures, facility rules and simple judgment calls can complicate a sale. If you want the cleanest and lowest-risk option, selling to a licensed buyer provides documentation and removes uncertainty from the process.