{"id":352516,"date":"2016-04-04T10:42:05","date_gmt":"2016-04-04T15:42:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/consumer\/consumer-transactions\/private-gun-sale-laws-by-state.html"},"modified":"2025-04-16T08:48:48","modified_gmt":"2025-04-16T13:48:48","slug":"private-gun-sale-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/consumer\/consumer-transactions\/private-gun-sale-laws-by-state.html","title":{"rendered":"Private Gun Sale Laws by State"},"content":{"rendered":"\n
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Private Gun Sale Laws by State<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Private gun sale laws differ significantly by state, impacting whether background checks are required and who can legally buy or sell firearms. Some states, like California, mandate background checks through licensed dealers for private sales, while others, like Wyoming, have no regulations. Federal law prohibits sales to certain individuals, such as felons and those with specific mental health diagnoses. Violating these laws can result in severe penalties.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The\u00a0Second Amendment<\/a>\u00a0to the U.S. Constitution guarantees the right of private citizens to keep and bear arms. But state and federal laws place limits on gun purchases, sales, and who may have them.<\/p>\n

Federal law requires licensed firearms dealers (also known as “federal firearms license dealers” or FFLs) to do background checks on prospective unlicensed buyers. But whether a private party can sell another private party a firearm without a background check depends on state laws.<\/p>\n

Some states require background checks for private sales, usually through a licensed intermediary. For example, Illinois requires a private party who wants to sell a firearm to another person to get a\u00a0Firearms Owner’s Identification Card<\/a>\u00a0and show it to law enforcement before selling or transferring a firearm. Other states, like Wyoming, have no regulations on private gun sales.<\/p>\n

The\u00a0Brady Handgun Violence Protection Act<\/a>\u00a0bans certain people from becoming gun owners. For example, people under protective orders for\u00a0domestic violence<\/a>, felons, and certain people who have specific mental health diagnoses can’t own firearms. A prohibited person who has a firearm may face steep criminal penalties, and so may the transferee.<\/p>\n

The\u00a0Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)<\/a>\u00a0notes that an unlicensed person may sell or transfer a firearm to another unlicensed person in the same state only if they believe the buyer can own firearms. The ATF gives a list of categories that ban people from having a firearm. (18 U.S.C. \u00a7 922(g) and (n)<\/a>).<\/p>\n

Also, a private party generally can’t directly sell or transfer a firearm to an out-of-state person. Instead, they typically must use an FFL in the buyer’s state to complete the transfer.<\/p>\n

Below is a list of private gun sale laws by state, including background check rules. For more information, visit FindLaw’s\u00a0Gun Laws<\/a>\u00a0section. You can also visit the\u00a0ATF’s website<\/a>\u00a0for data and statistics related to gun control and gun violence prevention.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\u00a0<\/td>\nBackground check when seller is not a licensed dealer<\/th>\nMore regulations on private gun sales<\/th>\n<\/tr>\n
Alabama<\/a><\/td>\nNone<\/td>\n\n

<\/i>A person who sells a handgun to a prohibited person faces a Class A misdemeanor. (Ala. Code \u00a7 13A-11-76, et seq<\/a>.)<\/p>\n<\/td>\n<\/tr>\n

Alaska<\/a><\/td>\nNone<\/td>\n\n

A private party may not transfer a firearm to the following people:<\/p>\n

Arizona<\/a><\/td>\nNone<\/td>\n\n

Anyone who transfers a deadly weapon to a prohibited person is guilty of a Class 6 felony. (Ariz. Rev. Stat. \u00a7 13-3102(A)(b)(5)<\/a>)<\/p>\n

Supplying, selling, or giving possession or control of a firearm to another person, knowing that they would use it to commit a felony, is a Class 3 felony. (\u00a7 13-3102(A)(b)(14)<\/a>)<\/p>\n

Anyone who sells or gives a firearm to a minor without their parent’s or guardian’s written consent is guilty of a Class 6 felony. (\u00a7 13-3109(a)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Arkansas<\/a><\/td>\nNone<\/td>\n\n

A private seller who sells or otherwise furnishes a handgun to a minor without their parent’s or guardian’s consent is guilty of a Class B felony. (Ark. Code Ann. \u00a7 5-73-109(b)(2)(A)<\/a>)<\/p>\n

A private seller who sells, rents, or transfers a firearm to a person they know can’t have a firearm is guilty of a Class B felony. (\u00a7 5-73-132(a)-(b)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

California<\/a><\/td>\n\n

When neither party is a licensed dealer, they must use a licensed California dealer to complete the sale. (Cal. Penal Code \u00a7\u00a028050<\/a>) The licensed dealer must conduct a background check. (\u00a7\u00a027540<\/a>) All transfers of firearms are subject to a 10-day waiting period. (\u00a7\u00a026815<\/a>)<\/p>\n<\/td>\n

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A private seller or FFL can’t sell or otherwise transfer a firearm to the following people:<\/p>\n

Colorado<\/a><\/td>\n\n

A private seller must arrange for a licensed gun dealer to get a background check on the prospective buyer through the\u00a0National Instant Criminal Background Check System<\/a>\u00a0(NICS). Anyone who transfers a firearm violating the law may be held strictly liable for any civil damages caused by the buyer’s use of the weapon. These rules do not apply to transfers that are gifts or loans between immediate family members, among other exemptions. (C.R.S. \u00a7\u00a018-12-112<\/a>)<\/p>\n<\/td>\n

\n

Unlawfully engaging in a handgun sale or otherwise providing one to a minor is a Class 4 felony. Unlawfully providing any firearm other than a handgun to a minor without their parent or guardian’s consent is a Class 1 misdemeanor. (C.R.S. \u00a7\u00a018-12-108.7<\/a>)<\/p>\n

A person who knowingly gets a firearm on a prohibited person’s behalf, knowing (or when they reasonably should know) that the person cannot have a firearm, is guilty of a Class 4 felony. (\u00a7\u00a018-12-111<\/a>)<\/p>\n

A private seller who sells a firearm to a buyer and violates \u00a7\u00a018-12-112<\/a>\u00a0is guilty of a Class 2 misdemeanor. Upon conviction, the court will ban them from having a firearm for two years. (\u00a7\u00a018-12-112(9)(a)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Connecticut<\/a><\/td>\n\n

A private seller who wishes to sell a pistol, revolver, or a long gun (e.g., a rifle or shotgun) to a private buyer must get authorization from the\u00a0Commissioner of Emergency Services and Public Protection<\/a>, who will perform a background check. The buyer must present an appropriate gun eligibility certificate before the background check. (Conn. Gen. Stat. \u00a7\u00a7\u00a029-33<\/a>,\u00a029-37a<\/a>)<\/p>\n<\/td>\n

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A private seller who sells a firearm to a person banned from having one is guilty of a Class C felony. (\u00a7\u00a029-33(a)<\/a>)<\/p>\n

Selling a pistol or revolver to a person under 21 is a Class C felony. (\u00a7\u00a029-34(b)<\/a>)<\/p>\n

Selling a long gun to a prohibited person is a Class D felony. (\u00a7\u00a029-37a<\/a>)<\/p>\n

Anyone who knowingly transfers a firearm to a prohibited person is strictly liable for any injuries that person causes with that firearm. (Conn. Gen. Stat. \u00a7 52-571(f)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Delaware<\/a><\/td>\n\n

An unlicensed seller of firearms must conduct a background check on the prospective buyer through a licensed firearms dealer. (Del. Code Ann. Title 11 \u00a7 1448B<\/a>) Violating this rule is a Class A misdemeanor. (Title 11 \u00a7 1448B(e)<\/a>)<\/p>\n<\/td>\n

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Selling or otherwise transferring a firearm to a minor without their parent or guardian’s consent is a misdemeanor or felony, depending on the circumstances. (Title 11 \u00a7 1445<\/a>)<\/p>\n

A person engages in a firearms transaction on another person’s behalf if they buy or get a firearm on behalf of a person who is not legally qualified to buy, own, or possess a firearm (or to sell, give, or otherwise transfer a firearm to a\u00a0prohibited person<\/a>). A violation of this law is a Class E felony. (Title 11 \u00a7 1455<\/a>)<\/p>\n<\/td>\n<\/tr>\n

\n

District of Columbia<\/a><\/p>\n<\/td>\n

A private seller must have a valid registration certificate to sell a firearm. (DC Code \u00a7 7\u20132505.01<\/a>) Generally, the seller must arrange for a licensed gun dealer to sell a firearm to a private party. The FFL must run a background check on the prospective buyer before completing the sale or transfer.<\/td>\n\n

No person can sell a pistol to a person whom they believe (or has reasonable cause to believe) is not of sound mind, is\u00a0prohibited from possessing a pistol<\/a>, or is under 21 years of age (unless the person who sells the pistol is the 21-year-old’s parent or guardian). (\u00a7\u00a022-4507<\/a>)<\/p>\n

A person who buys a firearm must register it with the D.C. Metropolitan Police Department. (\u00a7 7-2502.07a<\/a>)<\/p>\n

It’s illegal to fail to establish proof of the buyer’s residence or fail to follow D.C.’s registration and waiting rules before delivering a firearm. (\u00a7\u00a07-2531.01(4)(A)-(B)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Florida<\/a><\/td>\n\n

Florida does not require background checks for the sale of a firearm between private parties. But county governments have the authority to require background checks and a three- to five-day waiting period for private firearms transfers. (Fla. Const. art. VIII, \u00a7 5(b)<\/a>)<\/p>\n

Those with concealed carry permits are exempt from these county rules.<\/p>\n<\/td>\n

<\/i>A person who sells a minor a firearm without the parent’s or guardian’s permission is guilty of a misdemeanor of the first degree. (\u00a7\u00a0790.17(2)(a)<\/a>)<\/td>\n<\/tr>\n
Georgia<\/a><\/td>\nNone<\/td>\n\n

It’s unlawful for a person to intentionally, knowingly, or recklessly sell or furnish a handgun to a minor. (Ga. Code \u00a7\u00a016-11.101.1<\/a>)<\/p>\n

Anyone who knowingly or intentionally provides a firearm to another person who is on probation as a felony offender is guilty of a felony. (\u00a7\u00a016-11-113(b)(1)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Hawaii<\/a><\/td>\nState law does not require a private seller to perform a background check on a prospective buyer. But they must verify that the buyer has a permit to own a firearm. (Hawaii Rev. Stat. \u00a7\u00a0134-2(f)<\/a>)<\/td>\n<\/i>No person may transfer or sell a rifle to any person under 18. (\u00a7\u00a0134-4<\/a>)<\/td>\n<\/tr>\n
Idaho<\/a><\/td>\nNone<\/td>\n\n

A private seller who sells or transfers a firearm to someone under 16 without their parent’s or guardian’s written consent is guilty of a misdemeanor. (Idaho Stat. \u00a7\u00a018-3308<\/a>)<\/p>\n

A private seller who directly or indirectly sells a firearm to a minor without their parent’s or guardian’s written consent is guilty of a misdemeanor. (\u00a7\u00a018-3302A<\/a>)<\/p>\n

A private seller who sells a firearm to a person they know is a gang member is guilty of a felony. (\u00a7 18-8505<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Illinois<\/a><\/td>\n\n

A buyer must have a valid\u00a0FOID<\/a>\u00a0or a license to carry a concealed firearm, which requires them to undergo a background check. (ILCS 430 \u00a7\u00a7\u00a065\/2<\/a>\u00a0–\u00a065\/3<\/a>)<\/p>\n

Any person who is not an FFL and wants to sell or transfer a firearm to another person during a gun show must request the Illinois State Police to conduct a background check on the potential buyer. (\u00a7\u00a065\/3(a-5)<\/a>). The seller must also provide police with the buyer’s FOID.<\/p>\n<\/td>\n

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A person who sells or delivers a firearm commits a criminal offense if they knowingly do any of the following (ILCS 720 \u00a7 5\/24-3<\/a>):<\/p>\n

Indiana<\/a><\/td>\nNone<\/td>\n\n

A person may not sell, give, or otherwise transfer ownership or possession of a handgun or machine gun to a minor (unless the minor is their child or ward). (Ind. Code \u00a7\u00a035-47-2-7<\/a>)<\/p>\n

A person who sells, gives, or otherwise knowingly transfers ownership or possession of a handgun to a person whom they know is ineligible for any reason other than their age to buy or otherwise get a handgun, or intends to use the handgun to commit a crime is guilty of the criminal transfer of a handgun. The offense is a Level Five felony. But if the person they sold the weapon to commits murder with it, it is a Level Three felony. (\u00a7\u00a035-47-2-7(d)(1)-(2)<\/a>)<\/p>\n

A private seller may not sell a handgun violating Chapter 35. They also can’t sell a handgun if they don’t personally know the buyer or until they get clear evidence of the buyer’s identity. (\u00a7\u00a035-47-2-16<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Iowa<\/a><\/td>\n\n

A buyer must get a permit to own or carry weapons before owning a handgun, which includes a background check. (Iowa Code \u00a7\u00a0724.15(1)<\/a>)<\/p>\n

A permit to acquire is subject to an annual review. (\u00a7\u00a0724.17<\/a>)<\/p>\n<\/td>\n

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A private seller may not transfer firearms to someone they know (or reasonably should know) is\u00a0prohibited from owning them<\/a>. Violating this law is a Class D felony. (\u00a7\u00a0724.16<\/a>) A person who sells, loans, gives, or makes available a rifle or shotgun (or ammunition for those firearms) to a minor commits a serious misdemeanor. A second or subsequent offense is a Class D felony. But the minor’s parent, guardian, or adult spouse may allow them to have the rifle, shotgun, or ammunition. (\u00a7\u00a0724.22(1), (3)<\/a>)<\/p>\n

A person who sells, loans, or gives a pistol or revolver (or ammunition for a firearm) to someone under 21 commits a serious misdemeanor for a first offense (a Class D felony for a subsequent offense). (\u00a7\u00a0724.22(2)<\/a>)<\/p>\n

Several exceptions apply for those 18 to 20 years old, including if they are on military duty or they are a peace officer. (\u00a7\u00a0724.22(4)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Kansas<\/a><\/td>\nNone<\/td>\n\n

Selling, giving, or otherwise transferring a firearm with a barrel less than 12 inches long to a person under 18 is a crime. (\u00a7\u00a021-6301(a)(7)<\/a>)<\/p>\n

Selling, giving, or otherwise transferring a firearm to any of the following people is a crime:<\/p>\n

Kentucky<\/a><\/td>\nNone<\/td>\n\n

A person who knowingly sells or transfers a firearm to someone prohibited from having it under\u00a0KRS \u00a7 527.040<\/a>\u00a0is guilty of a Class A misdemeanor. (\u00a7\u00a0237.070<\/a>)<\/p>\n

A person who intentionally, knowingly, or recklessly provides a handgun to a person they know or have reason to believe is under 18 is guilty of unlawfully providing a handgun to a juvenile, a Class D felony. (\u00a7\u00a0527.110<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Louisiana<\/a><\/td>\nNone<\/td>\n\n

A person may not give, sell, or otherwise transfer a firearm or ammunition to someone they know is a felon and\u00a0prohibited from possessing a firearm<\/a>. If convicted, the seller faces up to five years in prison and a fine of up to $5,000. (La. Rev. Stat. Title 14, \u00a7\u00a7\u00a095.1.1<\/a>,\u00a095.1.2<\/a>)<\/p>\n

A person may not give, sell, or otherwise transfer a firearm to someone they know is banned from having it under state or federal law. Upon conviction, the seller faces up to one year of jail time and a fine of up to $2,500. (\u00a7\u00a095.1.4<\/a>)<\/p>\n

A person may not knowingly make a firearm available to a client of any treatment facility. If convicted, they face up to two years in prison and a fine of up to $500. (\u00a7\u00a028:183<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Maine<\/a><\/td>\nNone. But, the Department of Public Safety will help private sellers who prefer to\u00a0conduct a background check<\/a>\u00a0on prospective buyers.<\/td>\nNone<\/td>\n<\/tr>\n
Maryland<\/a><\/td>\n\n

Before a private seller completes a sale, rental, or transfer, they must request that a licensed dealer (FFL) manage the transaction, who must do a background check. (Md. Code Ann., Pub. Safety \u00a7\u00a05-204.1<\/a>) The licensee or seller can’t complete the sale if the background check results show the transferee\/buyer may not have a firearm. (\u00a7\u00a05-204.1(d)(1)<\/a>)<\/p>\n

Or, a private seller may complete a sale through a designated law enforcement agency. (\u00a7\u00a05-124(a)(2)<\/a>)<\/p>\n<\/td>\n

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A private seller must submit a firearm application under\u00a0Title 5, Subtitle 1<\/a>\u00a0before renting or transferring a registered firearm. (\u00a7\u00a05-117<\/a>)<\/p>\n

A private seller may only sell a handgun if a licensed dealer manages the sale. They can only complete the sale if the transferee\/buyer shows a valid handgun qualification license. (\u00a7\u00a05-117.1<\/a>)<\/p>\n

A private seller may not sell, rent, or transfer a regulated firearm until seven days after an applicant executes a firearm application and the FFL forwards the original application to the Secretary of the Maryland Department of Public Safety and Correctional Services. (\u00a7\u00a05-124(a)(1)<\/a>)<\/p>\n

A private seller may not sell, rent, or transfer a regulated firearm to a person whose firearm application is on hold because of open criminal proceedings against them. (\u00a7\u00a7\u00a05-125<\/a>,\u00a05-128<\/a>)<\/p>\n

A private seller may not sell, rent, loan, or transfer a regulated firearm to another person whom they know (or they have reasonable cause to believe) is any of the following (\u00a7\u00a05-134<\/a>):<\/p>\n

Massachusetts<\/a><\/td>\nNone. But any person who sells a firearm must report the sale to the\u00a0Department of Criminal Justice Information Services Firearms Records Bureau (FRB)<\/a>. This includes providing the following to the FRB:\n
    \n
  • A detailed description of the transferred weapon (serial number\/make\/model\/caliber, etc.)<\/li>\n
  • The seller\/transferor’s license information<\/li>\n
  • The buyer\/transferee’s license information<\/li>\n<\/ul>\nAlso, the state recommends sellers require buyers to show a valid firearm identification card (FID) or a license to carry (LTC) license validation certificate before a sale.<\/td>\n
\n

A private seller must have a firearm identification card or a license to carry firearms (unless they are exempt under\u00a0Mass. Gen. Law \u00a7 129C<\/a>\u00a0and the buyer has a permit to buy a firearm and an FID or LTC). (\u00a7\u00a0128A<\/a>)<\/p>\n

Selling, renting, or leasing a firearm, rifle, shotgun, or machine gun violating Chapter 140 is punishable by at least one year of imprisonment (up to 10 years) and a fine of at least $1,000 (up to $10,000). (\u00a7\u00a0128<\/a>)<\/p>\n

A person may only sell, give away, loan, or otherwise transfer a rifle or shotgun (or their ammunition) in the following situations (\u00a7\u00a0129C<\/a>):<\/p>\n

Michigan<\/a><\/td>\n\n

A buyer must have a pistol license (e.g., a purchase license or concealed carry license) before they buy one. (MCL \u00a7\u00a028.422<\/a>) These licenses require a background check. (\u00a7\u00a7\u00a028-425b<\/a>,\u00a028-426<\/a>)<\/p>\n

A conviction for a violation of \u00a7\u00a028.422<\/a>\u00a0is a misdemeanor. (\u00a7\u00a0750-223(1)<\/a>)<\/p>\n<\/td>\n

\n

The seller must fill out license forms for any firearm they sell. Required information on the form includes:<\/p>\n

Minnesota<\/a><\/td>\n\n

Any person who buys a handgun or semiautomatic assault-style rifle from a private seller must show proof of a\u00a0transferee permit<\/a>\u00a0(i.e., a permit to buy or a\u00a0permit to carry firearms<\/a>). The person must undergo a background check to get one of these permits. (Minn. Stat. \u00a7\u00a0624.7131<\/a>)<\/p>\n

If the buyer\/transferee shows a valid transferee permit or permit to carry, the seller\/transferor does not have to file a transfer report. (\u00a7\u00a0624.7132, subd. 8<\/a>) People do not need a permit to buy non-assault-style rifles (e.g., hunting rifles and shotguns).<\/p>\n<\/td>\n

\n

A person who engages in the following is guilty of a gross misdemeanor:<\/p>\n

Mississippi<\/a><\/td>\nNone<\/td>\n\n

A private seller may not sell, give, or lend a deadly weapon to a minor or someone who is intoxicated. If convicted, they face up to one year in county jail and a fine of up to $1,000. (Miss. Code Ann. \u00a7\u00a097-37-13<\/a>)<\/p>\n

Any person who sells any instrument or device that arrests or muffles a firearm’s report when shot or fired is guilty of a misdemeanor. (\u00a7\u00a097-37-31<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Missouri<\/a><\/td>\nNone<\/td>\n\n

A person who does the following is guilty of the unlawful transfer of weapons (Mo. Rev. Stat. \u00a7\u00a0571.060<\/a>):<\/p>\n

Montana<\/a><\/td>\nNone<\/td>\nA person is guilty of transferring illegal articles if they knowingly or purposely transfer a weapon to someone they know is subject to official detention. (Mont. Code Ann. \u00a7\u00a045-7-307<\/a>) If convicted, the person faces up to 20 years in prison.<\/i><\/td>\n<\/tr>\n
Nebraska<\/a><\/td>\n\n

A person may not transfer a handgun to another person unless the buyer\/transferee has a certificate under Neb. Rev. Stat. \u00a7\u00a069-2404<\/a>.<\/p>\n

To get a certificate, a person must undergo a background check. (\u00a7\u00a069-2403<\/a>)<\/p>\n

Nebraska does not have a background check rule for private sales of rifles or shotguns.<\/p>\n<\/td>\n

\n

It’s unlawful for a person to knowingly and intentionally sell, provide, loan, deliver, or otherwise transfer the possession of a firearm to a juvenile. (Neb. Rev. Stat. \u00a7\u00a028-1204.01(1)<\/a>)<\/p>\n

Several exceptions apply. (see \u00a7\u00a028-1204.01(2)(a)-(c)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Nevada<\/a><\/td>\n\n

A private seller must contact a licensed dealer to do a background check on the buyer\/transferee before selling or transferring a firearm. (Nev. Rev. Stat. \u00a7\u00a0202.2547<\/a>)<\/p>\n

The buyer and seller must appear together, bring the firearms, and request the licensed dealer do the background check. See \u00a7\u00a0202.2548<\/a>\u00a0for exceptions to this rule.<\/p>\n<\/td>\n

\n

A private seller may not sell a pistol, revolver, or firearm capable of concealment to someone under 18. (\u00a7\u00a0202.310<\/a>)<\/p>\n

A private seller may not sell any of the following:<\/p>\n

New Hampshire<\/a><\/td>\nNone<\/td>\n\n

No person may sell or transfer firearms to a convicted felon. (N.H. Rev. Stat. \u00a7\u00a0159:7<\/a>)<\/p>\n

No person may sell or transfer firearms to a minor, subject to several exceptions. (\u00a7\u00a0159:12<\/a>)<\/p>\n<\/td>\n<\/tr>\n

New Jersey<\/a><\/td>\n\n

No private person can sell or otherwise transfer a handgun unless the buyer\/transferee is either a licensed dealer or has a permit to buy a handgun. Any private person who sells a handgun must conduct the transaction through a licensed retail dealer. (N.J. Stat. Title 2C \u00a7\u00a058-3(a)(1)-(2)<\/a>)<\/p>\n

The licensed dealer will perform a background check on the buyer. (\u00a7\u00a058-3(a)(3)<\/a>)<\/p>\n

A buyer must get a Firearms Purchaser Identification Card (FPIC) and show it to the seller and licensed dealer before they get a rifle or shotgun. The seller must sell the rifle or shotgun through a licensed dealer, who will do a background check on the buyer. \u00a7\u00a058-3(b)(1)-(3)<\/a>)<\/p>\n<\/td>\n

\n

It’s against the law for a person to sell any of the following unless they are registered or licensed to do so (\u00a7\u00a039-9<\/a>):<\/p>\n

New Mexico<\/a><\/td>\nA private party who wants to sell a firearm must arrange for an FFL to do a background check on the buyer. (N.M. Stat. \u00a7\u00a030-7-7.1(A)(2)<\/a>)<\/td>\n\n

Anyone who engages in the sale of firearms without performing a background check is guilty of a crime. (\u00a7\u00a030-7-7.1(A)<\/a>)<\/p>\n

A person who knowingly transfers a firearm to someone they know is a felon or that they know intends to use the firearm in a felony or misdemeanor is guilty of the unlawful transfer of a firearm, a fourth-degree felony. (\u00a7\u00a030-7-7.2<\/a>)<\/p>\n<\/td>\n<\/tr>\n

New York<\/a><\/td>\nAll firearms sales in the state (including private and gun show transactions) are subject to a check via the National Instant Criminal Background Check System (NICS). (N.Y. G.B.S.\u00a0\u00a7 898(1)-(2)<\/a>)<\/td>\n\n

A private seller must first notify the state police or licensing officer in Suffolk County, Nassau County, or New York City, in writing before transferring a firearm or semiautomatic rifle. (N.Y. Penal Law \u00a7 265.10(7)<\/a>)<\/p>\n

Any person who wishes to sell a firearm, rifle, or shotgun at a gun show must get a national instant criminal background check of the buyer transferring it to them. (N.Y. G.B.S. \u00a7\u00a0897<\/a>)<\/p>\n<\/td>\n<\/tr>\n

North Carolina<\/a><\/td>\n\n

None<\/p>\n<\/td>\n

\n

A person who sells, gives, or otherwise transfers a handgun to a minor is guilty of a Class H felony. (N.C. Gen. Stat. \u00a7\u00a014-315(a1)<\/a>) Several exceptions apply under \u00a7\u00a014-315(a1)(1)-(3)<\/a><\/p>\n<\/td>\n<\/tr>\n

North Dakota<\/a><\/td>\nNone<\/td>\n\n

A private seller may not transfer firearms to anyone\u00a0prohibited from having them<\/a>\u00a0under state law. (N.D. Cent. Code \u00a7\u00a062.1-02-02<\/a>)<\/p>\n

Anyone who sells a short-barreled rifle or short-barreled shotgun is guilty of a Class C felony (subject to several exceptions). (\u00a7\u00a062.1-02-03<\/a>)<\/p>\n

A person may not sell a machine gun, fully automatic rifle, silencer, or any other federally licensed firearm or dangerous weapon unless they follow the\u00a0National Firearms Act<\/a>. (\u00a7\u00a062.1-05-01<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Ohio<\/a><\/td>\nNone<\/td>\n\n

A person who recklessly sells, lends, gives, or furnishes a firearm to a prohibited person is guilty of a fourth-degree felony. (Ohio Rev. Code \u00a7\u00a02923.20(A)(1)<\/a>)<\/p>\n

It is unlawful for a person to sell a firearm to a person under 18. (\u00a7\u00a02923.21(A)(1)<\/a>)<\/p>\n

It is unlawful for a person to sell any handgun to a person under 21, subject to several exceptions. (\u00a7\u00a02923.21(A)(2)-(7)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Oklahoma<\/a><\/td>\nNone<\/td>\n\n

It’s unlawful for a person to sell or give a firearm to a child (subject to several exceptions). (Okla. Stat. Title 21 \u00a7\u00a01273(A))<\/p>\n

It’s unlawful for a person to knowingly sell, lend, transfer, or furnish a shotgun, rifle, or pistol to a person who is under an adjudication of mental incompetency or a person who is mentally deficient or of unsound mind. (\u00a7\u00a01289.10<\/a>)<\/p>\n

It’s unlawful for a person to knowingly sell, trade, give, transmit, or otherwise transfer a rifle, shotgun, or pistol to a convicted felon or adjudicated delinquent or someone who is under the influence of drugs or alcohol. (\u00a7\u00a01289.12<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Oregon<\/a><\/td>\nA private seller\/transferor must use an FFL to complete a transaction with a buyer\/transferee. The FFL must conduct a background check of the buyer\/transferee before completing the transaction. (Oregon Rev. Stat. \u00a7\u00a0166.435<\/a>)<\/td>\n\n

Anyone who sells or transfers a handgun, short-barreled rifle, short-barreled shotgun, silencer, or machine gun is guilty of a Class B felony. (\u00a7\u00a0166.410<\/a>)A person who sells or otherwise furnishes a firearm in a felony, with the intent to commit a felony, or who knows (or reasonably should know) that a person will use the firearm to commit a felony, is guilty of a Class B felony. (\u00a7\u00a0166.429<\/a>)<\/p>\n

Any person who wishes to sell a gun at a gun show must request a background check of the buyer before completing the transaction. (\u00a7\u00a0166.433<\/a>)<\/p>\n

The seller may also have their local law enforcement agency conduct a background check on the buyer. (\u00a7\u00a0166.436<\/a>)<\/p>\n

A person who sells firearms at a gun show must get an approval number from the Department of State Police saying that the buyer is qualified to get the weapon. (\u00a7\u00a0166.438<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Pennsylvania<\/a><\/td>\n\n

A private seller may only sell a firearm at a licensed importer, dealer, or manufacturer’s place of business or the county sheriff’s office, which will do a background check. (18 Pa. Cons. Stat. \u00a7\u00a06111(c)<\/a>) A person who violates this section is guilty of a second-degree misdemeanor.<\/p>\n<\/td>\n

Any person who knowingly and intentionally delivers or provides a firearm to a minor commits a third-degree felony. (\u00a7\u00a06110.1<\/a>)<\/td>\n<\/tr>\n
Rhode Island<\/a><\/td>\nAll transfers of firearms require background checks. (R.I. Gen. Laws Title 11 \u00a7\u00a7\u00a011-47-35(2)<\/a>,\u00a011-47-35.2(2)<\/a>)<\/td>\n\n

A person who sells a muffler, silencer, or other device designed to deaden or muffle the sound of a firearm is guilty of a felony. (\u00a7\u00a011-47-20<\/a>)<\/p>\n

A person who sells, transfers, gives, or otherwise conveys a firearm to someone they know is under 18 is guilty of a felony (subject to several exceptions). (\u00a7\u00a011-47-30<\/a>)<\/p>\n

A private seller who sells a pistol or revolver must wait until seven days from noon of the day following the day of application for the purchase before delivering the pistol or revolver to the buyer. (\u00a7\u00a011-47-35<\/a>) The same waiting period applies to the sale of rifles and shotguns. (\u00a7\u00a011-47-35.2<\/a>)<\/p>\n

Any person who sells a firearm must maintain a register of every buyer. (\u00a7\u00a011-47-40<\/a>)<\/p>\n<\/td>\n<\/tr>\n

South Carolina<\/a><\/td>\nNone<\/td>\n\n

No person may knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into South Carolina a handgun to any of the following people (S.C. Code \u00a7\u00a016-23-30<\/a>):<\/p>\n

South Dakota<\/a><\/td>\nNone<\/td>\n\n

A person who knowingly gives, loans, or sells a firearm to someone they know can’t have a firearm per S.D. Codified Laws \u00a7\u00a7\u00a022-14-15<\/a>\u00a0or\u00a022-14-15.1<\/a>\u00a0is guilty of a Class 6 felony. (\u00a7\u00a022-14-16<\/a>)<\/p>\n

A person who knowingly sells, transfers, gives, loans, furnishes, or delivers a firearm or ammunition to a person under 18 when they know (or reasonably believe) that the minor intends to use the firearm or ammunition in the commission (or attempted commission) of a violent crime is guilty of a Class 5 felony. (\u00a7 23-7-46<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Tennessee<\/a><\/td>\nNone<\/td>\n\n

A person who knowingly sells a machine gun is guilty of a Class E felony unless they fully comply with the National Firearms Act. (TN Code \u00a7\u00a029-17-1302<\/a>)<\/p>\n

A person who intentionally, knowingly, or recklessly sells, loans, or gifts a firearm to a minor or a person who is intoxicated is guilty of a Class A misdemeanor. (\u00a7\u00a029-17-1303<\/a>)<\/p>\n

A person may not sell a firearm to the following people (\u00a7\u00a039-17-1316<\/a>):<\/p>\n

Texas<\/a><\/td>\nNone<\/td>\nA person who intentionally or knowingly sells the following is guilty of a third-degree felony (Tex. Penal Code \u00a7\u00a046.05<\/a>):\n
Utah<\/a><\/td>\nNone<\/td>\n\n

A person may not sell, transfer, or otherwise dispose of a firearm or dangerous weapon to anyone they know is banned from having them under state law. (Utah Code Ann. \u00a7 76-10-503(8)(a)<\/a>)<\/p>\n

A person who sells a firearm to a minor is guilty of a third-degree felony (unless the minor’s parent or guardian accompanies them). (\u00a7\u00a076-10-509.9<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Vermont<\/a><\/td>\nA private seller may not transfer a firearm to another unlicensed person unless they do the following (Vermont Stat., Title 13 \u00a7\u00a04019(b)(1)(A)-(B)<\/a>):\n\n

A private seller may not transfer a firearm to a person until 72 hours after the licensed dealer who agrees to handle the transfer gets a unique identification number from the NCIS (or seven business days elapse after the dealer contacts NCIS to initiate a background check, whichever is shorter). (\u00a7\u00a04019a(a)<\/a>)<\/p>\n

A person may not transfer firearms or ammunition to minors under 16 (parents and guardians are exempt). (\u00a7\u00a04007<\/a>)<\/p>\n

A person may not sell a firearm to someone under 21 (subject to several exceptions). (\u00a7\u00a04020<\/a>)<\/p>\n

Pawnbrokers and retail merchants must keep detailed records of all firearms transactions. (\u00a7\u00a04006<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Virginia<\/a><\/td>\n\n

A private seller must get verification from a licensed firearms dealer that the prospective buyer is not banned from having a firearm before they sell it to the buyer. (Va. Code Ann. \u00a7 18.2-308.2:5<\/a>)<\/p>\n

If the private seller intends to sell a firearm at a gun show and has a determination from the Virginia State Police that the buyer is not banned from having a firearm, they do not need to get said verification from a licensed firearms dealer. (\u00a7 18.2-308.2:5(B)(2)<\/a>)<\/p>\n<\/td>\n

\n

It is a felony to knowingly transfer firearms to someone who can’t, under state law, have or transport firearms. (Va. Code Ann. \u00a7 18.2-308.2:1<\/a>)<\/p>\n

A person who sells or transfers the following firearms is guilty of a Class 6 felony (\u00a7\u00a018.2-308.8<\/a>):<\/p>\n

Washington<\/a><\/td>\nAn unlicensed seller must complete their transaction through a licensed dealer, who must conduct a background check. (Wash. Rev. Code \u00a7\u00a09.41.113<\/a>) Several exceptions apply to this rule (see \u00a7\u00a09.41.113(4)(a)-(i))<\/a><\/td>\n\n

A person who knowingly transfers firearms to a prohibited person is guilty of a Class C felony. (\u00a7\u00a09.41.080<\/a>)<\/p>\n

A prospective firearm buyer must prove they completed a recognized firearms safety program within the past five years (unless one of several exceptions apply). (\u00a7\u00a09.41.1132<\/a>)<\/p>\n<\/td>\n<\/tr>\n

West Virginia<\/a><\/td>\nNone<\/td>\n\n

A person who knowingly sells, rents, gives, or lends a firearm or ammunition to a prohibited person is guilty of a felony. (W. Va. Code \u00a7\u00a061-7-10(c)-(d)<\/a>)<\/p>\n

Any person who sells or gives a firearm to a minor committed to a state youth facility is guilty of a misdemeanor. (\u00a7\u00a028-1-8<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Wisconsin<\/a><\/td>\nNone<\/td>\n\n

A person who intentionally sells, loans, or gives a firearm to a person under 18 is guilty of a Class I felony. (Wis. Stat. \u00a7\u00a0948.60(b)<\/a>)<\/p>\n

No person may sell a machine gun or other fully automatic firearm. (\u00a7\u00a0941.26(1g)(a)<\/a>)<\/p>\n

No person may sell a short-barreled shotgun or short-barreled rifle. (\u00a7\u00a0941.28(2)<\/a>)<\/p>\n

A person who intentionally furnishes, purchases, or holds a firearm for someone they know is a\u00a0prohibited person<\/a>\u00a0is guilty of a Class G felony. (\u00a7\u00a0941.2905(1)<\/a>)<\/p>\n<\/td>\n<\/tr>\n

Wyoming<\/a><\/td>\nNone<\/td>\nNone<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\n

Unsure About Private Gun Sales Laws? Talk To an Attorney<\/h2>\n

Gun laws vary from state to state and tend to change frequently. Even an honest mistake can get you into big trouble with the state and federal agencies when firearms are involved. Speak to a\u00a0criminal law attorney<\/a>\u00a0for more clarity.<\/p>\n\n\n

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