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This varies from state to state, with different rules applying to handguns and long guns. Some states are really draconian; others quite liberal. From the perspective of the federal government (and thus applying to all states), a handgun can only be transferred through an Federal Firearms Licensee (i.e., licensed gun dealer). Rifles with barrels of 15" or more and shotguns with barrels over 18" can be sold privately. Shorter barreled long arms and fully automatic weapons are subject to totally different rules and can only be transferred by a Class III FFL dealer, require a payment of $200, and a very extensive background check.


The Federal Government does not require the transfer to occur through a Federal Firearms License holder on private sale of firearms that occur face to face and between two residents of the same state. This means that if you personally own a handgun or a long gun, and wish to part ways with it, you may sell it to someone else. DO NOT sell the gun to an individual if you suspect he/she may not legally poses the firearm (ex. underage, criminal conviction, etc). If you have reason to believe or know they may not poses the firearm both YOU and the BUYER are breaking Federal Law. If you wish to sell to someone in another state, you must use a licensed gun dealer. In addition, some states require going through a licensed dealer anyway. Firearms classified under Class III positions still require the FFL and tax stamp (the payment) and background check.

MOST importantly, check your individual state laws for details. As previously stated, some states are more draconian in their laws. Some practically let you sell a firearm out of the back of your car as long as you are not making a business for it (ie. making a profit/selling a lot of guns).
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Q: What do you need to sell a gun?
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