Selling a firearm – even one without ammo – comes with plenty of clear risks. However, thorough documentation helps you stay safe and compliant, as does looking out for major red flags.
Selling a firearm privately naturally involves many steps and rules, such as using a firearm bill of sale template. In this post, we’ll walk you through selling a firearm, including the laws that might affect it and whether you should use an intermediary.
1. Know the Laws
There’s no federal law saying you need to conduct background checks on buyers, but this is still a requirement in certain states. Regardless, it is illegal to sell a gun to anyone who isn’t allowed to own one – you must make sure they’re eligible.
You cannot sell a firearm to anyone who is:
- A felon or under indictment
- A fugitive
- A user of controlled substances
- In a mental institution
- Dishonorably discharged from the US military
- A domestic abuser
- An illegal immigrant
- Underage (18 for shotguns/rifles, 21 for all others)
You’ll also need to bring a licensee in if you plan on selling between state lines – you can’t leave this purely to a private sale.
State laws are even more complex. For example, in California, you must involve a dealer who’ll carry out a background check. If you’re in Massachusetts, you also have to log the sale with the state’s Firearms Records Bureau; in addition, you’ll need a firearm identification card.
2. Use a Federal Firearms Licensee
While a federal firearm licensee (or FFL) is mostly optional, depending on your state, having one by your side can really help make the sale more secure. They might even handle the bill of sale on your behalf.
An FFL is a licensed firearms dealer. They have the authority to carry out background checks on buyers, preventing you from possibly selling to a convicted felon. This gives you peace of mind about the sale.
You can search for nearby FFLs online or ask your local gun shop. However, an FFL’s services come with a price tag – this can be anywhere between $25 and $75. It’s up to you if this is worth the extra security.
3. Verify the Buyer’s Identity
You must make sure the buyer is who they say they are, even if you don’t have the means to do a background check. Ask to see their ID; if they refuse or are reluctant, be suspicious. This may mean they’re afraid of what you’ll discover – possibly their age.
Verifying the buyer’s name lets you be sure you’re selling to the correct person. It also helps you identify them if they use the gun to commit a crime. They might even plan to pass the gun to someone who isn’t allowed to buy it themselves.
4. Document the Sale
You should always use a bill of sale in these transactions. You can source these from document template sites; the forms are always low-cost and come with every relevant field. For example, a firearm bill of sale should have a space for the gun’s serial number and caliber.
Getting a low-cost bill of sale online will save you time and money, especially compared to hiring a lawyer. Here are a few tips for putting this form together:
- Describe the gun in full, including any blemishes or customizations
- Consider adding an “as-is” clause that leaves no warranties on the firearm
- Include a box for the other party to tick to confirm they can own a firearm
- Add space for notarization; this gives you extra protection even if it’s not required
You don’t need to print this out – you could simply send a virtual copy to the buyer. An electronic signature will still be legally binding under the ESIGN Act. However, it’s up to you; if you meet them in person for the sale, physical forms might be more practical.
5. Look Out for Red Flags
From start to finish, look for any signs that something’s amiss. A reluctance to show you their ID is just one of many potential red flags. Be suspicious of a buyer who does any of the following:
- Insists on using cash or cryptocurrency; these leave next to no paper trail
- Tries to avoid getting proper documentation, including a firearm bill of sale
- Argues against you involving a licensed firearms dealer in the transaction
- States a desire to modify the gun, such as by removing its serial number
- Refuses to meet in public or during the day; always stand your ground here
- Tries to rush the sale, possibly even asking to skip a background check
- Hints at wanting to sell the gun to someone else or give it to them as a gift
Realistically, there could be perfectly valid explanations for any of the above. You should still be on guard – and don’t let them dictate your sale’s terms.
Final Thoughts
Selling a firearm – even one without ammo – comes with plenty of clear risks. However, thorough documentation helps you stay safe and compliant, as does looking out for major red flags.
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