How private firearm sales work in the United States

Yes, under federal law a private person may sell a firearm to another private person who lives in the same state. ATF states that a person may transfer a firearm to an unlicensed resident of their own state, provided the seller does not know or have reasonable cause to believe the buyer is prohibited from receiving or possessing firearms under federal law.

Federal law does not require a licensed dealer to take part in a same-state private sale, and it does not require the seller to keep a record of it. That is the federal floor only. State and local law can add a background check, a purchase permit, a waiting period, registration or a requirement that every transfer go through a dealer.

Some firearms have their own federal rules. Items regulated by the National Firearms Act, such as machine guns, silencers and short-barreled rifles, cannot be transferred the way an ordinary rifle or pistol can. This guide covers ordinary rifles, shotguns and handguns.

Federal law does not require a background check when a private person sells a firearm to a resident of the same state, but many states do. The federal background check requirement applies to sales by licensed dealers. A private seller cannot run a federal NICS check on their own, because only licensed dealers have access to the system.

Many states and the District of Columbia require a background check or a permit for some or all private transfers. Two verified examples: Michigan, since February 13, 2024, requires a purchase license or an equivalent for private sales of all firearms. California requires private party transfers to be completed in person through a licensed California dealer, under Penal Code 27545 and 28050, with limited exceptions such as certain transfers between close family members, according to the California Department of Justice.

State rules change often, so do not rely on a list you found online, including any list of states. Check your state police or attorney general page before you sell. When in doubt, meet the buyer at a licensed dealer and have the dealer run the transfer. Many dealers do this for a fee, and it gives both sides a lawful, documented sale.

Not directly. Federal law makes it unlawful for an unlicensed person to transfer a firearm to another unlicensed person who the seller knows or has reasonable cause to believe lives in a different state. This is 18 U.S.C. 922(a)(5). Under 18 U.S.C. 922(a)(3), the buyer is also barred from bringing home a firearm obtained outside their state, unless it was inherited or was a rifle or shotgun bought in person from a licensed dealer in a sale that was legal in both states.

The lawful route is through a licensed dealer, often called an FFL. ATF explains that the firearm generally must be shipped to a licensee in the buyer's state of residence, where the buyer fills out ATF Form 4473, passes the NICS background check and takes possession from the dealer. That is the only route for a handgun. For a rifle or shotgun, 18 U.S.C. 922(b)(3) also lets a dealer in another state make the transfer in person if the sale is legal in both states.

There are narrow exceptions in the statute. A firearm may pass to an out-of-state heir through a bequest or intestate succession, and a firearm may be loaned or rented to a person for temporary use for lawful sporting purposes. An ordinary sale that starts on a classifieds site does not fit either exception.

You may not sell or give a firearm or ammunition to anyone you know or have reasonable cause to believe is a prohibited person. This rule is in 18 U.S.C. 922(d), it applies to private sellers as well as dealers, and violating it can bring up to 15 years in federal prison.

Federal law does not make a private seller investigate a stranger, but you cannot ignore what you see and hear. If a buyer says something that suggests they cannot pass a background check, asks you to skip a required step, or seems to be buying for someone else, stop the sale. No sale is worth a felony.

The prohibited categories in federal law include the following. State law may add more.

• A person convicted of, or under indictment for, a crime punishable by more than one year in prison
• A fugitive from justice
• An unlawful user of, or a person addicted to, a controlled substance
• A person adjudicated as a mental defective, or committed to a mental institution at 16 years of age or older
• A person unlawfully in the United States, or admitted on a nonimmigrant visa, with limited exceptions
• A person dishonorably discharged from the Armed Forces
• A person who has renounced United States citizenship
• A person subject to a qualifying domestic violence restraining order
• A person convicted of a misdemeanor crime of domestic violence
• A person who intends to sell or dispose of the firearm or ammunition in furtherance of a felony, a federal crime of terrorism or a drug trafficking offense
• A person who intends to sell or dispose of the firearm or ammunition to anyone in the categories above

Federal law bars anyone from selling or transferring a handgun, or handgun-only ammunition, to a person they know or have reasonable cause to believe is under 18, with narrow exceptions. This is 18 U.S.C. 922(x). State law often sets a higher age, and some states set 21 for handguns or for all firearms.

Licensed dealers follow a different federal rule. Under 18 U.S.C. 922(b)(1), a dealer may not sell a rifle or shotgun to anyone under 18, or any other firearm, including a handgun, to anyone under 21.

Courts have split on the dealer age limit for handguns. In 2025 the Fifth Circuit held it unconstitutional for 18 to 20 year olds in Reese v. ATF, but the January 2026 judgment protects only the named plaintiffs and members of the plaintiff groups in Texas, Louisiana and Mississippi, and it is on appeal. The Fourth Circuit upheld the limit in McCoy v. ATF, and the Supreme Court declined to review that case on June 30, 2026. In practice, dealers still apply the 21 rule.

ATF notes that under federal law a person who is 18 to 20 may acquire a handgun from an unlicensed resident of the same state, if not otherwise prohibited, and that state or local law may say otherwise. Check your state's age rules before you agree to anything. 2A List requires every member to be at least 21.

Since February 13, 2024, Michigan requires the buyer in a private sale of any firearm, pistol or long gun, to have a license to purchase or to qualify for an exemption. Before that date the license requirement covered pistols only. The change came from 2023 Public Act 19, which amended MCL 28.422 and 28.422a.

A license to purchase is issued by the buyer's local police department or county sheriff to a qualified Michigan resident, and it is void unless used within 30 days. A buyer with a valid Michigan concealed pistol license does not need one, and neither does a federally licensed dealer or a certified Michigan police officer. For a long gun only, a buyer is also exempt if a federally licensed dealer ran a NICS check on them not more than 5 days before the purchase.

The seller fills out and signs the license or sales record form with the buyer, gives the buyer a copy and may keep one. If the firearm is a pistol, the seller must return a copy within 10 days, in person or by first-class or certified mail. A license copy goes to the agency that issued it. A sales record copy goes to the police department where the seller lives, or to the county sheriff. A seller who skips these steps faces a civil fine of up to 250 dollars.

Buyers must be 18 or older, or 21 to buy a pistol from a licensed dealer. Knowingly selling a firearm without following MCL 28.422, or obtaining one in violation of it, is a misdemeanor with up to 90 days in jail under MCL 750.223 and 750.232a. In Michigan the rules cover gifts as well as sales. Michigan State Police do not issue these licenses, so questions go to your local agency.

You need a federal firearms license if you are engaged in the business of dealing in firearms. Since the 2022 Bipartisan Safer Communities Act, 18 U.S.C. 921(a)(21)(C) defines that as devoting time, attention and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms.

The same statute says the term does not include a person who makes occasional sales, exchanges or purchases to enhance a personal collection or for a hobby, or who sells all or part of a personal collection. There is no number of guns in the statute that marks the line. The question is what you are doing and why.

In 2024 ATF issued a rule that tried to spell out this definition in detail. On June 12, 2026 a federal court in Texas vacated that rule in its entirety, in Texas v. ATF, and on August 13, 2026 it declined to narrow that ruling, so ATF may not apply the 2024 rule to anyone. An appeal is still possible. The definition Congress wrote still applies. Rely on the statute, and if you sell often or buy to resell, talk to a firearms attorney before you continue.

ATF also proposed in May 2026 to remove most of the 2024 rule from its regulations. That proposal is not final, so the old text may still appear in the Code of Federal Regulations for a while.

Treat the law as the minimum and add a few habits that protect you. None of these steps is required by federal law for a same-state sale, but each one reduces the chance of selling to the wrong person or being unable to show what happened later.

If anything feels wrong, walk away or move the sale to a licensed dealer. A legitimate buyer will not object to a lawful transfer at a gun shop.

• Confirm your state and local rules first, including any permit, background check or dealer requirement
• Confirm the buyer lives in your state by looking at a government photo ID
• Ask the buyer to confirm they are legally allowed to own firearms, and stop if any answer worries you
• Meet in a safe public place, or at a licensed dealer who will run the transfer
• Write a simple bill of sale with the date, make, model and serial number, signed by both of you, and keep your copy
• Transport the firearm unloaded and cased, following your state's transport rules

No. This page is general information about federal law and a few state examples, written for people who want to follow the rules. It is not legal advice and it does not create an attorney-client relationship.

Firearms laws change, and they vary by state, county and city. Check your state police or attorney general page, or talk to a lawyer who handles firearms law in your state. When you are unsure about any private sale, do the transfer at a licensed dealer.