At a Glance: A gun transfer moves ownership of a firearm from one person or entity to another. Federal law requires a licensed firearm dealer (a federal firearms licensee, or FFL) to process any transfer across state lines and to run a background check before the firearm changes hands. Intrastate private sales between residents of the same state are permitted under federal law, but many states now require the sale to run through an FFL.
How Do You Transfer Ownership of a Gun?
To transfer ownership of a gun, the recipient must be legally eligible to own a firearm under 18 U.S.C. § 922(g), and any interstate transfer must go through a federal firearms licensee. The FFL runs a National Instant Criminal Background Check System (NICS) criminal background check, completes ATF Form 4473, and records the firearm’s serial number before the new owner takes possession.
The FFL Transfer Process in 6 Steps
- Confirm the buyer is eligible. Federal age minimums for FFL sales under 18 U.S.C. § 922(b)(1) are 21 for a handgun and 18 for a long gun. Federal law permits certain intrastate transfers to buyers aged 18 to 20 from an unlicensed person, though state law may prohibit this. Prohibited categories include felony convictions, misdemeanor crimes of domestic violence, and disqualifying adjudications or commitments related to mental health under 18 U.S.C. § 922(g). Any dealer processing the sale must hold a valid federal firearms license.
- Determine if an FFL is required. Interstate transfers generally require an FFL, with limited exceptions, including certain inheritances and temporary loans for lawful sporting purposes. Intrastate private sales may not require an FFL under federal law, but state law often does.
- Complete the gun transfer form. ATF Form 4473, the Firearms Transaction Record, is not a permit application. The buyer completes the personal information and eligibility questions, and the dealer completes the firearm identification section, capturing the firearm’s make, model, and serial number.
- Run the NICS check. The licensed firearm dealer submits the prospective purchaser’s information to NICS, which returns proceed, delayed, or denied. The dealer cannot transfer the firearm on a denied status.
- Transfer the firearm. On a proceed, the dealer may transfer the firearm to the new owner. On a delayed response, federal law may permit the transfer after the required waiting period passes without a denial, though state law may be stricter. Most interstate private transfers must go through an FFL in the buyer’s state. Different rules may apply to dealer sales of rifles and shotguns.
- Record the transfer. The FFL logs the acquisition and disposition in the bound book, whether electronic or paper, and retains Form 4473 under federal recordkeeping rules in 27 CFR § 478.129.
When an FFL Is Required
Transfer Type | FFL Required? | Form 4473? | NICS? | State Considerations |
Interstate | Yes | Yes | Yes | Buyer generally receives at an FFL in their home state. FFLs may transfer rifles or shotguns directly to out-of-state buyers when both states’ laws are followed. |
Intrastate FFL sale | Yes | Yes | Generally yes | Standard federal firearms license rules apply. NICS is required with limited exceptions for qualifying permits. |
Intrastate private sale | No | No | ||
Family member transfer | No | No | Interstate family transfers must go through an FFL unless a statutory exception applies. Many states require an FFL and background check even in-state. | |
Inheritance / estate | Depends on state | No | No | Lawful interstate inheritance under 18 U.S.C. § 922(a)(5) is exempt from the FFL requirement. State law may still require registration. |
Temporary loan for target shooting | No (federal) | No | No | Federal exception applies to temporary loans or rentals for lawful sporting purposes. State limits vary. |
Firearms Shipping
Interstate firearm transfers to unlicensed persons must generally be completed through a licensed firearm dealer in the buyer’s state under 18 U.S.C. § 922(a)(3) and (a)(5). An unlicensed person may ship a firearm directly to an FFL in another state; the transfer does not have to originate with an FFL. An unlicensed person generally cannot use the U.S. Postal Service to mail a handgun. A common or contract carrier must be used, subject to the carrier’s policies. Long guns may be shipped by a common carrier by a private individual to a licensed dealer in another state.
Transferring a Gun to a Family Member
Transferring a gun to a family member is permitted under federal law without an FFL, provided both parties are same-state residents and the recipient is not a prohibited person. Interstate family transfers generally must go through an FFL. Handguns must generally be transferred by an FFL in the recipient’s state, while different rules may apply to rifles and shotguns under 18 U.S.C. § 922(b)(3). Federal law provides a limited exception for lawful bequest or intestate succession under 18 U.S.C. § 922(a)(5).
State law varies significantly. Definitions of “immediate family” and the scope of any family-transfer exemption differ by state. Some states exempt only certain relationships, others exempt only bona fide gifts and not sales, and some states have no exemption at all. Confirm your state’s specific rule with a licensed firearm dealer or your state law enforcement agency before completing any family transfer.
Gifting a Firearm and Firearm Gift Paperwork
A firearm gift is legal at the federal level when the gift is genuine, and the recipient is not a prohibited person. On Form 4473, the buyer must attest they are the actual transferee. Form 4473 explicitly recognizes that a person is the actual buyer when purchasing a firearm as a bona fide gift for a third party.
A straw purchase or false actual-buyer statement may violate federal law, including 18 U.S.C. §§ 922 and 932, depending on the circumstances. Interstate gifts must be shipped to a federal firearms licensee in the recipient’s home state.
Bill of Sale for Firearm Transfer
A firearm bill of sale documents a private firearm transfer. Under federal law, there are no recordkeeping requirements for transferring a firearm between two individuals who are not federal firearms licensees. A written bill of sale can still serve as a record for both parties. Include the date, both parties’ names and addresses, the firearm’s make, model, caliber, and serial number, the sale price (or note it as a gift), and both signatures. Confirm the format your state accepts with a licensed firearms dealer or your state law enforcement agency.
Gun Transfer After Death
Federal law does not require registration of an inherited firearm and does not maintain a federal firearm registry for non-NFA guns. Hawaii and Washington, D.C. maintain firearm registration programs.
Federal law under 18 U.S.C. § 922(a)(5) provides an exception for firearms acquired through lawful bequest or intestate succession, so an interstate inheritance does not automatically require routing through a licensed dealer. State law may still require registration or additional steps.
For an inherited NFA firearm, the executor generally files ATF Form 5 for the tax-exempt transfer to the beneficiary.
How Much Does It Cost to Transfer Gun Ownership?
An FFL transfer fee typically runs $25 to $50 per firearm. Handgun transfers often carry a slightly higher fee than long gun transfers. Some states add fees, such as California’s Dealer Record of Sale fee. NICS is free to the dealer, and there is no federal transfer tax on non-NFA firearms.
State-Specific Firearm Transfer Rules
Texas Gun Transfer
Texas generally does not require an FFL for a lawful private transfer between Texas residents, but state and federal restrictions still apply. Texas Penal Code § 46.06 prohibits knowingly transferring firearms to certain categories of persons, including minors and intoxicated persons. Interstate transfers generally require an FFL.
California Gun Transfer
Most firearm transactions must go through a licensed firearm dealer under Cal. Penal Code § 27545, with limited statutory exceptions for certain family transfers, temporary loans, law enforcement, antique firearms, and infrequent transfers of curio and relic firearms. California operates as a Point-of-Contact state, so dealers process background checks through the Dealer’s Record of Sale (DROS) system rather than directly through NICS. California also requires a Firearm Safety Certificate, a 10-day waiting period, and DROS filing under Cal. Penal Code § 26815. Certain semi-automatic rifle configurations classified as an assault weapon under Cal. Penal Code § 30510 face additional restrictions.
Florida Gun Transfer
Private sales between Florida residents are permitted without an FFL. Florida applies a waiting period of 3 days or the time to complete a background check, whichever is longer, on all firearm purchases from a licensed dealer under Fla. Stat. § 790.0655 and Fla. Const. art. I, § 8(b). The minimum purchase age for firearms from a licensed dealer is currently 21 under Fla. Stat. § 790.065(13), enacted after the Marjory Stoneman Douglas Public Safety Act of 2018.
New York Gun Transfer
Most firearm sales, exchanges, or transfers between private parties must be processed through a licensed dealer under New York General Business Law § 898, with a statutory exception for transfers between members of an immediate family (spouses, domestic partners, children, and step-children). Certain semi-automatic rifle configurations are classified as an assault weapon under NY Penal Law § 265.00(22). Handgun possession requires a license under NY Penal Law § 400.00. New York City applies for additional permits through the NYPD License Division.
Massachusetts Firearm Transfer
Massachusetts overhauled its firearms law with Chapter 135 of the Acts of 2024, signed July 25, 2024 and effective October 2, 2024. Qualifying firearm transactions must be reported through the Massachusetts Instant Record Check System (MIRCS) within 7 days. Firearm possession requires a license, with the specific credential depending on the firearm and the transaction. A License to Carry (LTC) is generally required for handguns and large-capacity rifles and shotguns under Mass. Gen. Laws ch. 140, § 131, and a Firearm Identification (FID) card generally covers non-large-capacity rifles and shotguns and certain ammunition under Mass. Gen. Laws ch. 140, § 129B. Private-sale reporting is required under Mass. Gen. Laws ch. 140, § 128A.
Michigan Firearm Transfer
Michigan requires a background check or license process for firearm transfers under Public Act 20 of 2023, effective February 13, 2024, with procedures and exemptions that vary depending on the purchaser and firearm. For handguns, a purchaser must obtain a License to Purchase under Mich. Comp. Laws § 28.422, unless the purchaser holds a valid Concealed Pistol License. After the handgun is acquired, the Pistol Sales Record is a separate document recording the completed transfer.
Illinois Gun Transfer Form
Illinois requires a valid Firearm Owner Identification (FOID) card for both parties to a firearm transfer under the Firearm Owners Identification Card Act (430 ILCS 65). Before a private transfer, the transferor must verify the recipient’s FOID eligibility through the Illinois State Police under 430 ILCS 65/3(a-10). For certain person-to-person transfers, the transferor must retain a transfer record and provide it to a federal firearms licensee within 10 days.
Other States
- Missouri, Tennessee, Georgia, Arizona, Wisconsin, Iowa, Utah: Intrastate private sales are permitted without an FFL.
- North Carolina: As of March 2023, Senate Bill 41 repealed the state’s Pistol Purchase Permit requirement. No state permit is required to purchase or transfer a handgun. Federal law still applies to all transfers.
- Washington: Requires universal background checks under RCW 9.41.113 and a 10-day waiting period on firearm purchases from a licensed dealer under RCW 9.41.092, with additional training requirements for semi-automatic assault rifles under RCW 9.41.090.
- Nevada: Requires universal background checks on most firearm transfers under NRS 202.2547.
- Virginia: Most private firearm sales for value must be processed through a licensed dealer under Va. Code § 18.2-308.2:5, with statutory exemptions for certain family transfers, antique firearms, and temporary transfers for lawful sporting purposes.
- Delaware: Most private firearm sales must be processed through a licensed dealer under 11 Del. Code § 1448B, with statutory exemptions for immediate family transfers and other limited categories.
Stay Compliant with FastBound
FastBound is the firearm industry’s compliance platform for federal firearms licensees. Every gun transfer, private sale processed through your gun shop, and family transfer routed through your FFL creates recordkeeping obligations under ATF regulations.
FastBound provides:
- Fully ATF-compliant Electronic A&D Bound Book
- Electronic 4473 with built-in validation
- Multi-state NICS background check integration
- Audit Trail tracking for every firearm transaction
- Legal defense through FFLGuard
- Serial number and disposition tracking for every transferred firearm
Start a free trial today.