Selling a gun is a responsibility that requires careful consideration and a thorough understanding of the legal landscape. Whether you’re selling to a private party or a dealer, navigating the complexities of firearm laws at both federal and state levels is crucial. This guide provides step-by-step instructions on how to sell your gun safely and legally, ensuring that you follow the necessary regulations and best practices to protect yourself and the buyer.

Legal Considerations of Selling a Gun

Selling a gun legally involves understanding both federal and state laws. Federally, you’ll need to ensure that the buyer passes a background check, which typically involves completing ATF Form 4473. State laws vary, so you must research specific regulations in your area. Some states may require private sales to be conducted through a licensed dealer or include a mandatory waiting period.

Depending on where you live, if you’d like to sell a gun to another private party, you may do so as long as you and that party meet your state’s requirements (which will vary wildly depending on where you live). If you choose to sell privately, ensure that the buyer is legally eligible to own a firearm and that all legal requirements are met. It is also a good idea to take down the buyer’s name and driver’s license number of the person buying your gun.

How to Sell Your Gun

Before selling your gun, assess its condition. Check the bore, crown and overall wear to determine its value. Research similar firearms online or consult with a local dealer to estimate the value of your gun. Tools like the Blue Book of Gun Values can be helpful in determining a fair price. Document any wear and tear, and prepare all necessary paperwork, such as a bill of sale, to ensure a smooth transaction.

Don’t add your accessories to the sale. Your current setup may not be exactly how someone else wants their gun set up. On top of that, you could be shorting yourself some extra cash. Firearms accessories have lots of value on their own, especially in the AR market. Or you may want to keep them for your next gun.

How to Safely Sell Your Gun: Dealer vs. Private Sales

Selling your gun to a dealer can be the most straightforward option and often the quickest. Dealers will handle all legal paperwork, but you might receive less than the gun’s market value.

If you live in a state that allows private sales, it’s important to vet potential buyers. You’ll want to keep very thorough records. Make a note of the make, model and serial number of the gun, plus the date you’re selling it. Take a picture of the front and back of that person’s driver’s license. Store all of that in your gun safe. Then if law enforcement comes knocking because it was used in a crime, you have evidence you no longer own that gun. And if someone wants anonymity and secrecy around the purchase, consider that a red flag. Once you’ve found a buyer, you’ll need to transfer ownership legally. 

Ensuring a Safe and Legal Gun Sale

Selling a gun responsibly involves understanding and adhering to all legal requirements, properly valuing your firearm and choosing the best method of sale. By following these guidelines, you can ensure a legal and successful transaction.

Frequently Asked Questions

  • Can I sell a gun without a background check?
    It depends on your state laws. Federally, all dealer sales require a background check, and some states require them for private sales as well.
  • What paperwork is needed to sell a gun?
    At minimum, a bill of sale is recommended, and some states may require additional documentation.
  • How do I transfer a firearm to a family member?
    The process varies by state; some allow direct transfers, while others may require the involvement of a licensed dealer.

 

This article is a compilation of previous articles authored by Kevin Michalowski and Ed Combs.