At a Glance: As a firearm owner, you have four ATF-approved options for safe disposal of an unwanted firearm: surrender it to your local police department, destroy it according to ATF specifications, donate it to a museum or licensed firearm dealer, or sell it through a private sale or gun store. Each method ensures legal compliance and avoids potential criminal charges.
Methods of Firearm Disposal
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) provides four legal options for getting rid of any unwanted gun, whether it’s a handgun, long gun, or even a broken firearm.
Give It to the Police Department
You can take a gun or rifle to your local police department, county sheriff’s office, or other local law enforcement facility along with any unwanted ammunition. Call ahead to ask about their procedure for bringing an unwanted firearm into the station. Showing up unannounced with a gun can cause unnecessary concern.
Destroying the Firearm
The ATF has specific guidelines for how to destroy a firearm, which involves cutting it into pieces so the receiver is destroyed in a particular way. Their documentation includes illustrations for both handguns and rifles.
If you are a Federal Firearms Licensee (FFL), FastBound has a built-in process for disposing of destroyed firearms, including the required and recommended documentation.
Key points about destruction:
- The ATF prefers that guns be smelted so the receiver is not recoverable
- The lower receiver is the part of the gun that must be registered with the ATF
- Some barrels or other parts may also require registration
- Be careful when smelting, as some metals or finishes may produce dangerous material or hazardous waste
- An unserviceable firearm is still a firearm and must be registered; destroying and making it unserviceable are not the same
ATF-approved destruction methods include:
- Smelting
- Crushing
- Cutting
- Shredding
If you lack access to the tools needed for these methods, you can take the firearm to your local law enforcement agency for gun disposal.
Donate the Firearm
Several options exist for donating firearms:
- Municipal corporations: Check if your local government has a dedicated office for donated firearms
- Museums: Some local or state-level museums may accept donated guns, especially an antique firearm or historical pieces
- Licensed firearm dealers: A gun store or firearms dealer with the appropriate FFL can accept your donated gun
As the firearm owner, you may need to complete paperwork to transfer the gun out of your name and into the licensed dealer’s records.
Selling a Firearm
Under federal law, you only need an FFL to sell guns if it’s your business. A private sale does not require a background check or Federal Firearms License at the federal level.
Important considerations:
- The ATF strongly advises against selling to prohibited persons
- State gun laws may be stricter than federal laws
- Some states require background checks, and that sales go through a licensed firearm dealer or licensed firearm holder
- Going through an FFL creates a record of the transaction, which can be beneficial for legal protection
Since the ATF outlines several ways to dispose of a firearm, people who want to get rid of a gun can do so without fear of criminal charges. Firearms are generally not permitted at waste disposal sites. Your options are handing the gun to local law enforcement, working with a federally licensed firearm dealer, or conducting a private party sale at events like firearm sales shows.
Disposition Requirements for FFLs
For firearms dealers, disposition means the transfer of the gun within bound books or from one party to another, following ATF firearm safety regulations.
The ATF requires FFLs to record:
- Model of the gun or rifle
- Serial number
- Type of weapon (handgun, rifle, shotgun, etc.)
- Caliber or gauge
- Date of disposition
- Business name, address, and FFL number of the receiving party
- The date they take possession
- Full name (not just business name) if applicable
- Form filed (such as 4473), FFL number, and sale location
The Importance of Proper A&D Records
Maintaining accurate Acquisition and Disposition (A&D) records is both essential and a legal responsibility for any FFL. Records must be truthful and meet strict requirements from the federal and state governments.
As a federal firearms licensee, you must run background checks when selling or buying through your business. If purchasing a gun privately for resale in your FFL business, proper forms must be created.
For those accepting donated firearms, paperwork is required even without a purchase. This protects you from accepting a firearm used in a crime and helps identify the donor if legal questions arise later.
A&D Made Easy with FastBound
FastBound is a lawyer-backed software platform guaranteed to be compliant, helping firearms dealers maintain an effective compliance program for the acquisition and disposition of firearms.
FastBound keeps your gun business in compliance by staying current with ATF regulation changes and state law updates. The system automatically flags potential issues before they become violations, helping you avoid costly mistakes. Instead of dealing with handwritten paperwork, FastBound streamlines electronic forms to prevent delays in sales authorizations. The platform meets all ATF requirements for electronic storage of A&D records and 4473s. As a cloud-based solution, you can access FastBound from any desktop computer, laptop, or smart device without special equipment.
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Try for Free!Frequently Asked Questions
An antique firearm (generally manufactured before 1899) may have different regulations depending on your state. You can donate it to a museum that accepts historical pieces, sell it to a collector, or work with a licensed firearm dealer who specializes in antiques. Always verify state-specific requirements before disposal.
Yes, you can dispose of broken firearms through any ATF-approved method. A broken firearm is still legally considered a firearm, so the same rules apply. You can surrender it to your local police department, have it destroyed, donate it, or sell it. If selling, disclose the condition to the buyer. Some gun stores may accept broken firearms for parts or proper gun disposal.
For safe disposal of an unwanted firearm, you can take it to your local law enforcement agency, including your local police department or county sheriff’s office. Call ahead to confirm their procedures. Many areas also have gun buyback programs that offer a simple way to surrender firearms with no questions asked.
While you don’t necessarily need legal advice for straightforward disposals, consulting an attorney is recommended if you have questions about state-specific laws, inherited firearms, or firearms involved in estate matters. State laws vary significantly, and professional guidance can help you avoid unintentional violations.
FastBound provides a comprehensive compliance platform that automates A&D recordkeeping, ensures forms are correctly filled out, and keeps your business current with changing ATF regulations. The cloud-based system helps firearms dealers avoid costly errors and maintain proper documentation for all firearm transactions.
No. Firearms are not permitted at waste disposal sites. For proper gun disposal, you must use one of the ATF-approved methods: surrender to local law enforcement, destruction, donation, or sale through proper channels.
