Private Sales in Alabama

Alabama has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Alabama law prohibits anyone from delivering a handgun (but not a long gun) to any person he or she has reasonable cause to believe is a minor, (except under the circumstances provided in Section 13A-11-72), a drug addict, an habitual drunkard, or a person of unsound mind, has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, a violent offense as listed in Section 12-25-32(14), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind.1 An individual may deliver a handgun to such persons if they have had their firearm rights restored by operation of law or legal process.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Ala. Code § 13A-11-76. ⤴︎
  2. Id. ⤴︎

Private Sales in Alaska

See our Private Sales policy summary for a comprehensive discussion of this issue.

Alaska does not require a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Alaska prohibits any person from knowingly selling or transferring a concealable firearm to any person convicted of a felony or whose physical or mental condition is substantially impaired by liquor or controlled substances.1

The state also prohibits any person from knowingly selling a firearm to anyone under age 18.2

See the section entitled Retention of Sales / Background Check Records in Alaska for laws requiring pawnbrokers and second-hand dealers to maintain records of sales.

See the section entitled Firearms Trafficking for additional laws that limit private sales of firearms.

Notes
  1. Alaska Stat. § 11.61.200(a)(2), (4). ⤴︎
  2. Alaska Stat. § 11.61.210(a)(6). ⤴︎

Private Sales in Arizona

Arizona has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer, although no person may knowingly sell or transfer a deadly weapon to a prohibited possessor.1 All sales are also subject to Arizona’s age restrictions. Arizona has no other laws regulating the manner in which guns are sold.

Furthermore, in 2016, the legislature passed a law that prohibits the state or any political subdivision from enacting or implementing any additional fee, tax, assessment, lien, or other encumbrance on the transfer of a firearm between two private, unlicensed parties who are not prohibited from possessing firearms under state or federal law.2

See our Private Sales Policy Summary for a comprehensive discussion of this issue.

Notes
  1. Ariz. Rev. Stat. § 13-3102(A)(5). ⤴︎
  2. Ariz. Rev. Stat. § 44-7852. ⤴︎

Private Sales in Arkansas

See our Private Sales policy summary for a comprehensive discussion of this issue.

Arkansas law has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Arkansas prohibits any person from furnishing a firearm to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor’s welfare.1 A violation is a Class B felony if the firearm is a handgun or other specified firearm.2

In addition, the state prohibits any person transferring or furnishing a handgun to another individual who the transferor knows has been found guilty of, or who has pleaded guilty or no contest to, a felony.3

Arkansas prohibits a person from selling, renting, or otherwise transferring a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm.4 A violation of this section is a Class A misdemeanor, unless the firearm is a handgun (or other specified firearm, such as a machine gun), in which case the violation rises to a Class B felony.5

See the section entitled Firearms Trafficking for additional laws that limit private sales of firearms.

Notes
  1. Ark. Code Ann. § 5-73-109(a). Arkansas defines minor as any person under 18 years of age. Ark. Code Ann. § 5-73-101(9). ⤴︎
  2. Ark. Code Ann. § 5-73-129. ⤴︎
  3. Id. ⤴︎
  4. Ark. Code Ann. § 5-73-132(a). ⤴︎
  5. Ark. Code Ann. § 5-73-132(b). ⤴︎

Private Sales in California

See our Private Sales policy summary for a comprehensive discussion of this issue.

When neither party to a transaction is a licensed firearms dealer, firearms transfers in California must be completed through a licensed California dealer.1 To complete such transactions, the seller or transferor must provide the firearm to the dealer, who will deliver the firearm to the purchaser or transferee following a background check and expiration of the mandatory state waiting period, unless the transferee is prohibited from purchasing or possessing firearms, or the dealer is otherwise notified by the California Department of Justice (“DOJ”) that the sale or transfer may not proceed.2 If the dealer cannot deliver the firearm to the purchaser or transferee, the dealer must determine whether the private seller or transferor is prohibited from possessing a firearm. If the seller or transferor does not fall into a prohibited class, the dealer must immediately return the firearm to that party. In the event the seller or transferor does fall into a prohibited class, the dealer cannot return the firearm to that party, and must deliver the firearm to the sheriff of the county or to the chief of police of any city in the county in which the dealer operates.3

The following sales and transfers are exempt from the requirement that they be processed through a licensed dealer:4

  • Certain government-sponsored transfers, including gun buybacks;5
  • Certain transfers to nonprofit historical societies, museums, or institutional collections;6
  • Transfers to licensed firearms manufacturers and importers;7
  • Infrequent transfers between immediate family members;8
  • Certain loans involving firearms;9
  • Donations made to non-profit auctions;10
  • Transfers by operation of law;11 or
  • Certain transfers of curios or relics to licensed firearms collectors.12

Private sales and transfers of firearms are not subject to the state’s restriction on purchasing more than one handgun per month,13 or the state’s design safety standards for handguns.14

All licensed firearms dealers must process private party transfers of long guns upon request. Licensed dealers who sell, transfer, or stock handguns must also process private party handgun transactions upon request. A licensed dealer that does not deal is handguns is not required to process private party transfers of handguns.15

Any person, corporation, or dealer is prohibited from transferring a firearm to a person the seller “knows or has cause to believe” is not the actual purchaser or transferee of a firearm (such a person is known as a “straw purchaser” – someone not in a prohibited category who buys firearms on behalf of a convicted felon, juvenile or other prohibited purchaser), if the person, corporation, or dealer knows that the firearm is to be subsequently transferred in violation of California law.16 California law also prohibits any person from supplying a firearm to any person that state law prohibits from possessing firearms for mental health reasons.17 Private sellers of firearms must also comply with California’s age restrictions for the purchase or sale of a firearm.

For laws governing licensed dealers, see our Dealer Regulations in California section.

Notes
  1. Cal. Penal Code § 27545. Cal. Code Regs. tit. 11, § 4032. ⤴︎
  2. Cal. Penal Code § 28050(a)-(c). ⤴︎
  3. Cal. Penal Code § 28050(d). ⤴︎
  4. Note, however, that transferees receiving a firearm through one of these exceptions may be required to report to DOJ the receipt of the firearm within 30 days, and obtain a firearm safety certificate. See the Licensing of Gun Purchasers or Owners in California section. ⤴︎
  5. Cal. Penal Code § 27850. ⤴︎
  6. Cal. Penal Code §§ 27855, 27860. ⤴︎
  7. Cal. Penal Code § 27865. ⤴︎
  8. Cal. Penal Code § 27875. ⤴︎
  9. Cal. Penal Code §§ 27880, 27885, 27910. ⤴︎
  10. Cal. Penal Code §§ 27900, 27905. ⤴︎
  11. Cal. Penal Code §§ 27920, 27925. ⤴︎
  12. Cal. Penal Code § 27966. All exceptions are listed at Cal. Penal Code §§ 27850-27966. ⤴︎
  13. Cal. Penal Code § 27535(b)(8). ⤴︎
  14. Cal. Penal Code §§ 27545 and 32110(a). ⤴︎
  15. Cal. Penal Code § 28065. ⤴︎
  16. Cal. Penal Code § 27515. ⤴︎
  17. Cal. Welf. & Inst. Code § 8101 (referencing §§ 8100 and 8103). ⤴︎

Private Sales in Connecticut

Connecticut prohibits any person, firm or corporation from selling, delivering or otherwise transferring a handgun to any person prohibited by state law from possessing a handgun.1 Handgun transfers may not be made until the person, firm or corporation making the transfer obtains an authorization number – following a background check on the prospective purchaser – from the Connecticut Department of Emergency Services and Public Protection (DESPP).2 Moreover, the state prohibits any person, firm, or corporation from transferring a handgun unless the transferee has a permit to carry a handgun, a permit to sell handguns at retail, or a handgun eligibility certificate.3 See the Licensing of Gun Owners & Purchasers in Connecticut section.

Connecticut also prohibits the sale or transfer of a long gun by someone who is not a federally-licensed firearm dealer, manufacturer, or importer to someone who is not a similarly-licensed person, unless the following conditions are met:

  1. The prospective transferor and transferee must comply with the documentation and authorization requirements that apply to retail sales of long guns (e.g., (a) the seller must document the transaction with DESPP, maintain copies of the record, and obtain an authorization number from DESPP; (b) the buyer must undergo a national instant criminal background check system (NICS) check; (c) the gun cannot be loaded when transferred; and (d) DESPP must authorize or deny the sale or transfer);4 or
  2. Starting on January 1, 2014, a federally licensed firearm dealer, upon the request of the prospective transferor or transferee, must consent to initiate a NICS check in accordance with the procedures set forth below, and the background check must show that the transferee is eligible to receive the gun.5

To proceed under the second option, the prospective transferor or transferee must provide the consenting dealer with the transferee’s name, gender, race, date of birth, and state of residence. If necessary to verify the person’s identity, he or she may also provide a unique numeric identifier (such as a Social Security number) and additional identifiers (such as height, weight, eye and hair color, and place of birth).6

The prospective transferee must present to the dealer his or her gun credential (gun eligibility certificate, handgun permit, handgun sale permit, or handgun eligibility certificate). The dealer can charge up to $20 for initiating the background check.7

The dealer must initiate the background check by contacting the NICS operations center. The dealer must immediately notify the prospective transferor or transferee of the response from the center. The sale or transfer cannot take place if the response indicates the prospective transferee is ineligible to receive the gun.8

When the transaction is completed, the transferor or transferee must complete a DESPP-prescribed form containing the: 1) transferor’s name, address, and firearm permit or certificate number, if any; 2) transferee’s name, address, date and place of birth, and firearm permit or certificate number; 3) sale or transfer date; 4) caliber, make, model, and manufacturer’s number and a general description of the gun; and 5) background check transaction number.9

Prior to the transfer of any firearm at a gun show, the transferee must undergo a background check.10 See the Gun Shows in Connecticut section for more information.

In Connecticut, any person who sells, delivers or otherwise transfers a firearm to a person knowing that person is prohibited from possessing the firearm “shall be strictly liable for damages for the injury or death of another person resulting from the use of such firearm by any person.”11

Connecticut prohibits any person not authorized by law from conveying or passing any firearm to any inmate of a correctional or humane institution.12

For laws aimed at gun trafficking, see the section entitled Firearms Trafficking in Connecticut.

For laws requiring the sale of a locking device to accompany the sale of a handgun, see the Locking Devices in Connecticut section. Retail handgun sellers must also provide the purchaser with a written warning stating that unlawful storage of a firearm may result in imprisonment or fine.13

For laws requiring firearm sellers to retain records of sales, see the Retention of Firearm Sales & Background Checks Records in Connecticut section.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Conn. Gen. Stat. § 29-33(a). The possessor prohibitions under Connecticut General Statues § 53a-217c are described in the Prohibited Purchasers Generally in Connecticut section. ⤴︎
  2. Conn. Gen. Stat. § 29-33(c). ⤴︎
  3. Conn. Gen. Stat. § 29-33(b). ⤴︎
  4. Conn. Gen. Stat. § 29-37a(b). ⤴︎
  5. Conn. Gen. Stat. § 29-37a(e), (f). ⤴︎
  6. Conn. Gen. Stat. § 29-37a(f)(1). ⤴︎
  7. Id. ⤴︎
  8. Conn. Gen. Stat. § 29-37a(f)(2). ⤴︎
  9. Conn. Gen. Stat. § 29-37a(f)(3). ⤴︎
  10. Conn. Gen. Stat. § 29-37g(c). ⤴︎
  11. Conn. Gen. Stat. § 52-571f. ⤴︎
  12. Conn. Gen. Stat. § 53a-174(a). ⤴︎
  13. Conn. Gen. Stat. § 29-37b(a). ⤴︎

Private Sales in Delaware

Private firearms transfers (i.e., transfers by non-firearms dealers) are subject to a criminal background check requirement in Delaware.1 A background check must be conducted on the prospective purchaser when neither the seller nor the buyer is a licensed dealer.2

“Transfer” does not include:

  • The loan of a firearm for lawful purposes for 14 days or less to a person known personally to the owner;
  • A temporary transfer for lawful purposes for less than one day while in the “continuous presence” of the gun’s owner:
  • Transfer for repair, service or modification by a licensed gunsmith or other lawful business engaged in that trade; or
  • A transfer by operation of law or required for certain transfers at death.3

Licensed gun dealers are required to facilitate the transfer of a firearm when any unlicensed seller requests that the dealer conduct a background check on a prospective buyer.4 Both the unlicensed seller and prospective purchaser must appear together at the licensed dealer’s place of business to complete the background check and transaction. The transfer cannot proceed if the prospective buyer is prohibited from possessing, purchasing or owning a firearm under state law.5 If 25 days elapse from the time the background check is requested by the licensed dealer, and the FBI still has not issued a denial, then the private transfer may proceed.6 Licensed dealers must maintain a record of criminal background checks that are completed at the request of unlicensed sellers.7 The dealer may charge a fee of no more than $30 for each background check.8

Anyone who knowingly engages in a private transfer of a firearm without conducting a background check is criminally liable for a Class A misdemeanor. Anyone who conducts subsequent offenses is  criminally liable for a Class G felony.9 See the Delaware Background Checks and Delaware Prohibited Purchasers Generally sections for further information.

Exceptions

The background check requirement for private transactions does not apply to transfers of firearms between extended family members or legal guardians.10 The requirement also does not apply to firearms manufactured in or before 1898,11 certain replica firearms,12 certain firearms made for hunting or competitive shooting,13 transfers to an active or retired law-enforcement officer,14 transfers to a person who has a valid concealed carry permit,15 transactions involving a curio or relic to a licensed collector16 and transactions involving a transfer to an authorized state or local representative as part of a voluntary gun-buyback program.17

The background check requirement also does not apply to transactions in which the buyer is a valid member of an organized church or religious group the beliefs of which prohibit photographic identification.18 In such a case, the buyer and seller must appear before the State Bureau of Investigation (“Bureau”). The buyer must provide the Bureau with fingerprints so it can obtain the buyer’s criminal history to determine if the buyer is prohibited from purchasing a firearm.19 In addition, the buyer must submit a signed affidavit that photographic identification violates the beliefs of an organized religion or church of which the buyer is a valid member.20

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Del. Code Ann. tit. 11, § 1448B(a). ⤴︎
  2. Del. Code Ann. tit. 11, § 1448B(a). ⤴︎
  3. Del. Code Ann. tit. 11, § 1448(B)(b)(2). ⤴︎
  4. See Del. Code Ann. tit. 24, § 904A(b). ⤴︎
  5. Del. Code Ann. tit. 24, § 904A(b)(1)-(3). ⤴︎
  6. Del. Code Ann. tit. 11, § 1448B(a). ⤴︎
  7. Del. Code Ann. tit. 24, § 904A(b)(4). ⤴︎
  8. Del. Code Ann. tit. 24, § 904A(b)(5). ⤴︎
  9. Del. Code Ann. tit. 11, § 1448B(e). ⤴︎
  10. Del. Code Ann. tit. 11, § 1448B(c)(1). ⤴︎
  11. Del. Code Ann. tit. 11, § 1448B(c)(2). ⤴︎
  12. Del. Code Ann. tit. 11, § 1448B(c)(3). ⤴︎
  13. Del. Code Ann. tit. 11, § 1448B(c)(4). ⤴︎
  14. Del. Code Ann. tit. 11, § 1448B(c)(5). ⤴︎
  15. Del. Code Ann. tit. 11, § 1448B(c)(6). ⤴︎
  16. Del. Code Ann. tit. 11 § 1448B(c)(8). ⤴︎
  17. Del. Code Ann. tit. 11 § 1448B(c)(9). ⤴︎
  18. Del. Code Ann. tit. 11, § 1448B(c)(7). ⤴︎
  19. Del. Code Ann. tit. 11, § 1448B(f)(1), (2). ⤴︎
  20. Del. Code Ann. tit. 11, § 1448B(f)(2). ⤴︎

Private Sales in Florida

See our Private Sales policy summary for a comprehensive discussion of this issue.

Florida has no law generally requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. However, the Florida Constitution permits counties to adopt laws that would require such background checks for sales occurring in or on “property to which the public has the right of access” within the county. The Florida Constitution states that, “[e]ach county shall have the authority to require a criminal history records check…in connection with the sale of any firearm occurring within such county.”1 The term “sale” under this section “means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.”2 Concealed weapons permit holders are not subject to these laws.3

Notes
  1. Fla. Const. art. VIII, § 5(b). ⤴︎
  2. Id. ⤴︎
  3. Id. ⤴︎

Private Sales in Georgia

Georgia law does not require a background check on the purchaser of a firearm when the seller is not a licensed dealer.

See our Private Sales policy summary for a comprehensive discussion of this issue.

For laws applicable to handgun dealers, see Georgia Dealer Regulations. For laws regarding the sale of firearms to minors, see Georgia Minimum Age to Purchase or Possess Firearms. See the section entitled Firearms Trafficking in Georgia for additional laws that limit private sales of firearms.

Private Sales in Hawaii

Anyone wishing to purchase a firearm must obtain a permit to acquire a handgun or long gun, requiring a background check of the applicant.1 See the Hawaii Background Checks section.

No person may knowingly lend a firearm to any person prohibited from owning or possessing a firearm under Hawaii law.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Haw. Rev. Stat. Ann. § 134-2(a). ⤴︎
  2. Haw. Rev. Stat. Ann. § 134-4(d). ⤴︎

Private Sales in Idaho

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Idaho, although federal and state purchaser prohibitions still apply. See the Idaho Background Checks section.

Idaho prohibits any person from selling to any minor under age 18 any weapon (defined to include any pistol, revolver or gun) without the written consent of the parent or guardian of the minor.1

Idaho also prohibits any person, firm, association or corporation from selling or giving to any minor under the age of 16 any firearms of any description or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles 22 caliber or smaller, without first obtaining the written consent of the minor’s parent or guardian.2

Idaho prohibits supplying, selling, or giving possession or control of any firearm to any person who the transferor knows is a gang member.3

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Idaho Code Ann. § 18-3302A. ⤴︎
  2. Idaho Code Ann. § 18-3308. ⤴︎
  3. Idaho Code Ann. § 18-8505. ⤴︎

Private Sales in Illinois

See our Private Sales policy summary for a comprehensive discussion of this issue.

Any private (unlicensed) seller of a firearm who seeks to transfer a firearm to any unlicensed purchaser must, prior to transfer, contact the Department of State Police (DSP) with the transferee’s Firearm Owner’s Identification (FOID) Card number to determine the validity of the transferee’s FOID Card.1 The seller must await approval by DSP before transferring the firearm. Approvals issued by DSP for the purchase of a firearm are valid for 30 days.2

Exceptions to this requirement include: 1) transfers as a bona fide gift to the transferor’s husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;3 and 2) transfers that occur at a federally licensed firearm dealer’s place of business, if the licensed dealer conducts a background check on the prospective recipient of the firearm and follows all other applicable federal, state, and local laws as if he or she were the transferor of the firearm.4

A private seller or transferor who complies with the law by determining the validity of a purchaser’s FOID card, will not be liable for damages in any civil action arising from the use or misuse by the transferee of the firearm transferred, except for willful or wanton conduct on the part of the seller or transferor.5

DSP is tasked with developing an Internet-based system for private sellers to determine the validity of a FOID Card prior to transferring a firearm to an unlicensed purchaser.6 DSP is required to have this system operable by July 1, 2015.7

Illinois has a separate private sales background check requirement at gun shows. See the Gun Shows in Illinois section for further information.

The following Illinois laws apply to all firearm sales, regardless of whether the seller is a licensed dealer:

  • Illinois law prohibits any person from knowingly selling firearms or ammunition to individuals who are ineligible to possess a firearm or who do not hold a Firearm Owner’s Identification (“FOID”) card. It is a Class 3 felony, for example, for any person to knowingly sell or give any firearm to any person who has been convicted of a felony.8 See the Licensing of Gun Owners & Purchasers section for information about FOID cards.
  • Any person who transfers a firearm must keep records of all such transfers for a period of 10 years.9 See the Retention of Sales & Background Checks Records section for more information.
  • All firearms sellers must abide by statutory waiting periods.10 See the Waiting Periods section for more details.
Notes
  1. 430 Ill. Comp. Stat. 65/3(a-10). ⤴︎
  2. Id. ⤴︎
  3. 430 Ill. Comp. Stat. 65/3(a-15)(2). ⤴︎
  4. 430 Ill. Comp. Stat. 65/3(a-15)(1). ⤴︎
  5. 720 Ill. Comp. Stat. 5/24-3(A)(k). ⤴︎
  6. 430 Ill. Comp. Stat. 65/3(a-20). ⤴︎
  7. Id. ⤴︎
  8. 430 Ill. Comp. Stat. 65/2(a)(1), (2); 430 Ill. Comp. Stat. 65/3(a); 430 Ill. Comp. Stat. 65/4; 720 Ill. Comp. Stat. 5/24-3(A)(d), (k), (C) (9). ⤴︎
  9. 430 Ill. Comp. Stat. 65/3(b). ⤴︎
  10. 720 Ill. Comp. Stat. 5/24-3(A)(g). ⤴︎

Private Sales in Indiana

Indiana has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Although a background check is not required, Indiana law expressly provides that the state’s handgun sales restrictions (i.e., the prohibited purchaser provisions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons.1

In addition, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under age 18, except an individual acting within a parent-minor child or guardian-minor protected person relationship, or any other individual who is also acting in compliance with provisions relating to children and firearms.2

Indiana prohibits any person from selling, giving, or in any manner transferring the ownership or possession of a handgun to another individual the transferor has reasonable cause to believe:

  • Has been convicted of a felony or adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than 23 years of age;
  • Is a drug abuser;
  • Is an alcohol abuser; or
  • Is mentally incompetent.3

A person is criminally liable for a Class D felony if he or she purchases a handgun with the intent to:

  • Resell or otherwise transfer the handgun to another person who the transferor knows or has reason to believe is ineligible for any reason to purchase or otherwise receive a handgun; or
  • Transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm.4

Any person who sells, barters, gives, or delivers any deadly weapon to any person in a state of intoxication, knowing him or her to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him or her to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.5

Although Indiana law specifically excludes Indiana residents licensed to carry handguns from Indiana’s handgun sales requirements,6 the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act. See the Indiana Concealed Weapons Permitting section.

The Indiana Code does not address the private sale of rifles or shotguns.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Ind. Code Ann. § 35-47-2-8. ⤴︎
  2. Ind. Code Ann. § 35-47-2-7(a). ⤴︎
  3. Ind. Code Ann. § 35-47-2-7(b). ⤴︎
  4. Ind. Code Ann. § 35-47-2.5-14(b). ⤴︎
  5. Ind. Code Ann. § 35-47-4-1. ⤴︎
  6. Ind. Code Ann. § 35-47-2.5-1. ⤴︎

Private Sales in Iowa

Subject to limited exceptions, any person seeking to purchase a handgun in Iowa must possess an annual permit to acquire a handgun, requiring a background check.1 Any person acquiring a handgun without possessing a valid annual permit is criminally liable for an aggravated misdemeanor.2 Iowa also prohibits any person from transferring a handgun to a person who does not possess a valid annual permit to acquire a handgun, and from transferring a handgun to a person the transferor knows is prohibited by Iowa’s permitting requirements from acquiring ownership of a handgun.3

Iowa prohibits any person from knowingly transferring or acquiring possession, or who facilitates the transfer, of a stolen firearm.4

Generally, Iowa prohibits any person from selling, loaning, giving or making available a rifle or shotgun or ammunition for a rifle or shotgun to a minor (person under age 18).5 Moreover, Iowa prohibits any person from selling, loaning, giving or making available a handgun or handgun ammunition to a person under age 21.6

Private transfers of long guns (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Iowa, although federal and state purchaser prohibitions still apply. See the Iowa Background Checks section.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Iowa Code § 724.15(1). ⤴︎
  2. Iowa Code § 724.16(1). ⤴︎
  3. Iowa Code § 724.16. ⤴︎
  4. Iowa Code § 724.16A. ⤴︎
  5. Iowa Code § 724.22(1). ⤴︎
  6. Iowa Code § 724.22(2). ⤴︎

Private Sales in Kansas

Kansas has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Kansas does, however, prohibit any person from knowingly selling, giving or otherwise transferring any firearm to any person:

  • Under 18 years of age, if the firearm has a barrel less than 12 inches long;1
  • Who is both addicted to and an unlawful user of a controlled substance;2
  • Who has been convicted of a felony under the laws of Kansas or any other state and was found to have been in possession of a firearm at the time of the commission of the offense;3
  • Who, within the preceding five years, has been convicted of certain felonies under the law of Kansas or any other state or has been released from imprisonment for a felony, and was not found to have been in possession of a firearm at the time of the commission of the offense;4
  • Who, within the preceding ten years, has been convicted of certain felonies, even if he or she was not found to have been in possession of a firearm at the time of the commission of the offense or has been released from imprisonment for such crime, and has not had the conviction of the crime expunged or been pardoned for such crime;5 or
  • Is or has been a mentally ill person subject to involuntary commitment for care and treatment as defined by Kansas law, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, unless he or she obtained a “certificate of restoration pursuant to Kansas law.”6 See the Kansas Prohibited Persons Generally section for further information about these certificates.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Kan. Stat. Ann. § 21-6301(a)(7). ⤴︎
  2. Kan. Stat. Ann. § 21-6301(a)(8). ⤴︎
  3. Kan. Stat. Ann. § 21-6303(a)(3). ⤴︎
  4. Kan. Stat. Ann. § 21-6303(a)(1). ⤴︎
  5. Kan. Stat. Ann. § 21-6303(a)(2). ⤴︎
  6. Kan. Stat. Ann. § 21-6301(a)(9). ⤴︎

Private Sales in Kentucky

See our Private Sales policy summary for a comprehensive discussion of this issue.

Kentucky has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.  The only substantive state law restriction Kentucky places on firearm dealers is its prohibition on knowingly transferring a firearm to a convicted felon.1

See the section on Firearms Trafficking in Kentucky for additional laws that limit private sales of firearms.

Notes
  1. Ky. Rev. Stat. Ann. § 237.070. ⤴︎

Private Sales in Maine

Maine has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. The only Maine laws governing such sales are those addressing the age of the purchaser. However in 2009, the Maine Legislature adopted a resolution requiring the Department of Public Safety to assist private sellers who wish to obtain criminal history record information about potential purchasers of firearms.1

Under a law that Maine enacted in 2015, upon purchase of a handgun, the purchaser must sign in the presence of “the firearm dealer” an acknowledgment that the person was provided the state’s basic firearm safety brochure.  The purchaser must retain this acknowledgment.  This provision only applies to individuals who are exempt from the requirement of a concealed handgun permit under the 2015 law.  However, the 2015 law exempts from this permit requirement any person age 21 or over who is not otherwise prohibited from possessing firearms.2

See our policy summary on Universal Background Checks and the “Private” Sale Loophole for a comprehensive discussion of this issue.

Notes
  1. 2009 Me. HP 782. ⤴︎
  2. See Me. Rev. Stat. tit. 25, § 2001-A (as amended by 2015 Me. S.B. 245). ⤴︎

Private Sales in Maryland

“Private” firearms sellers (persons who are not licensed dealers) must process transfers1 of “regulated firearms” (handguns and assault weapons)2 through a licensed dealer or designated law enforcement agency, who conducts a background check.3 In addition, no regulated firearm transfers may be made to any person whom the private seller knows or has a reasonable cause to believe is a prohibited purchaser under state law.4 See the Maryland Prohibited Purchasers Generally and Maryland Minimum Age to Purchase/Possess sections for detailed information.

For laws requiring sellers to record and report firearm sales, see the section entitled Retention of Sales / Background Checks Records in Maryland.  See the Maryland Design Safety Standards for Handguns for laws limiting the types of handguns that may be sold in Maryland.

Private sales of standard rifles and shotguns are not required to be processed through a licensed dealer, and purchasers are not subject to background checks for these weapons.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. A “secondary sale” in Maryland is defined as the sale of a regulated firearm in which neither party to the sale has a federal or state firearms dealer license, deals in firearms as a regular course of trade or business with the principal objective of earning a profit through the repeated purchase or resale of firearms, or is in the business of repairing firearms. Md. Code Ann., Pub. Safety § 5-101(t). ⤴︎
  2. Md. Code Ann., Pub. Safety § 5-101(r). ⤴︎
  3. Md. Code Ann., Pub. Safety § 5-124(a). ⤴︎
  4. Md. Code Ann., Pub. Safety § 5-134(b). ⤴︎

Private Sales in Massachusetts

See our Private Sales policy for a comprehensive discussion of this issue.

Massachusetts law prohibits any person from transferring a firearm without possessing a Massachusetts firearms dealer license.1 This prohibition does not apply to an unlicensed person who transfers a firearm to a state or federally licensed dealer or to a historical society, museum or institutional collection that is open to the public.2

State law also exempts from this general prohibition unlicensed persons who transfer “not more than four” firearms in any one calendar year.3 Massachusetts does not explicitly require private sellers to conduct a background check of prospective purchasers. However, in 2014, Massachusetts enacted a law requiring the Department of Criminal Justice Information Services to develop a web portal through which private sellers of firearms can conduct a real-time check of the validity of the purchaser’s Firearm Identification Card and other necessary licenses.4 For further information, please see the Licensing of Gun Purchasers/Owners section.

Massachusetts law requires private sales of firearms to be reported to the Department of Criminal Justice Information Services by both the seller and the purchaser. For more information, see the Retention of Sales / Background Checks Records section.

With certain exceptions (including for persons who transfer fewer than five handguns a year), Massachusetts law deems it an unfair or deceptive practice to transfer a handgun while failing to comply with any local, state or federal law or regulation intended to protect consumers from unfair and deceptive practices, such as laws or regulations that:

  • Forbid sale to juveniles, addicts or the mentally incompetent;
  • Require sellers to keep handgun sales records;
  • Forbid sellers from delivering or transporting loaded handguns; or
  • Forbid the delivery of handguns to minors.5

In addition, it is generally an unfair or deceptive practice for a handgun seller to make a material misrepresentation or false certification regarding a handgun offered for transfer.6

Notes
  1. Mass. Gen. Laws ch. 140, §§ 122, 128. ⤴︎
  2. Mass. Gen. Laws ch. 140, § 128A. ⤴︎
  3. Id. ⤴︎
  4. Id. ⤴︎
  5. 940 Mass. Code Regs. 16.02(1). ⤴︎
  6. 940 Mass. Code Regs. 16.02(2). ⤴︎

Private Sales in Michigan

Michigan law requires the buyer of a handgun to have either a handgun purchase license or a license to carry a concealed handgun if the seller is not a federally licensed dealer.1 Prospective handgun purchase and concealed handgun licensees are subject to background checks as part of the licensing process. See the Michigan Background Checks and Michigan Licensing of Gun Owners/Purchasers, and Michigan Concealed Weapons Permitting sections for more detail.

Transfers of rifles and shotguns by private sellers (individuals not licensed as firearms dealers) are not subject to background checks in Michigan.

For laws requiring sellers and buyers to create records of firearm sales and report such sales to law enforcement, see the Retention of Sales / Background Check Records in Michigan section.

In addition, a “seller”2 shall not knowingly sell a firearm or ammunition to a person:

  • Under indictment for a felony; or
  • Prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under Michigan law.3

State law criminalizes the accepting, or offering or displaying for resale, of a handgun by any pawnbroker or second-hand or junk dealer.4

See the Michigan Minimum Age to Purchase / Possess Firearms section for age restrictions.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Mich. Comp. Laws Serv. § 28.422a. ⤴︎
  2. “Seller” is defined as “a person who sells, furnishes, loans, or gives a [handgun] to another person.” Mich. Comp. Laws Serv. § 750.222(g). ⤴︎
  3. Mich. Comp. Laws Serv. § 750.223(3)(a),(b). ⤴︎
  4. Mich. Comp. Laws Serv. § 750.229. ⤴︎

Private Sales in Minnesota

Transfers by persons other than federally licensed firearms dealers are not subject to the requirement that the transferor file a transfer report with the local police chief or sheriff, and that the police chief or sheriff conduct a background check.1

In Minnesota, a person other than a federally licensed dealer who transfers a handgun or semiautomatic military-style assault weapon without complying with state background check requirements is criminally liable only if the transferee possesses or uses the firearm within one year after the transfer in furtherance of a felony crime of violence, and:

• The transferee was prohibited from possessing the weapon under Minnesota law at the time of the transfer; or

• It was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.2

In addition, a person commits a gross misdemeanor if he or she intentionally transfers a handgun or semiautomatic military-style assault weapon to a person he or she knows:

• Has been denied a permit to carry a weapon because he or she is not eligible under state law to possess a handgun or assault weapon;

• Has been found ineligible to possess a handgun or assault weapon by law enforcement as a result of an application for a transferee permit or state background check; or

• Is ineligible to possess a handgun or assault weapon under state law.3

A person who recklessly furnishes another person with a firearm in conscious disregard of a known substantial risk that it will be possessed or used in furtherance of a felony crime of violence is criminally liable for a felony.4

See Minimum Age to Purchase or Possess Firearms in Minnesota and Ammunition Regulation in Minnesota for laws prohibiting private sales of firearms or ammunition to minors.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Minn. Stat. § 624.7132, subd. 12(1). ⤴︎
  2. Minn. Stat. § 609.66, subd. 1f. ⤴︎
  3. Minn. Stat. § 624.7141. An offense under this statute is a felony if within one year the transferee uses or possesses the firearm in furtherance of a felony crime of violence. ⤴︎
  4. Minn. Stat. § 609.66, subd. 1c. ⤴︎

Private Sales in Mississippi

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Mississippi, although federal and state purchaser prohibitions still apply. See the Mississippi Background Checks section.

Mississippi prohibits the transfer of any deadly weapon, any weapon the carrying of which concealed is prohibited, or a pistol cartridge, to any person who is known to be under 18 years of age or who is known to be intoxicated.1 Mississippi also prohibits any person from knowingly or intentionally transferring, or attempting to transfer, a stolen firearm.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Miss. Code Ann. § 97-37-13. ⤴︎
  2. Miss. Code Ann. § 97-37-35(2). ⤴︎

Private Sales in Missouri

Missouri prohibits any person from:

  • Knowingly selling, leasing, loaning, giving away or delivering a firearm to a person who is not entitled to possess the firearm under Missouri law;1
  • Recklessly selling, leasing, loaning, giving away or delivering any firearm to a person under age 18 without the consent of the child’s custodial parent or guardian; or
  • Recklessly selling, leasing, loaning, giving away or delivering a firearm or ammunition to a person who is intoxicated.2

Missouri also prohibits any person from denying the sale of a firearm to a person who does not possess a Federal Firearms License, if that transferee is otherwise not prohibited from possessing a firearm under federal or state law, solely on the basis that the non-licensee purchased a firearm that was later the subject of a firearm trace request by law enforcement.3

For laws aimed at gun trafficking, see the section entitled Firearms Trafficking in Missouri.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Per Mo. Rev. Stat. § 571.070; see the Missouri Prohibited Purchasers Generally section for a list of these prohibited purchasers. ⤴︎
  2. Mo. Rev. Stat. § 571.060.1(3). ⤴︎
  3. Mo. Rev. Stat. § 571.014.1. ⤴︎

Private Sales in Montana

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Montana, although federal and state purchaser prohibitions still apply. See the Montana Background Checks section.

Montana makes it unlawful to knowingly or purposely transfer any weapon to a person subject to official detention.1 The state also prohibits the transfer of any weapon by a person subject to official detention.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Mont. Code Ann. § 45-7-307. ⤴︎
  2. Id. ⤴︎

Private Sales in Nebraska

Persons wishing to obtain handguns through private sellers (non-firearms dealers) must obtain either a handgun certificate or a concealed handgun permit and are therefore subject to a background check.1 See the Background Checks in Nebraska and Licensing of Gun Owners or Purchasers in Nebraska sections for further information. A transferee is not required to obtain a handgun certificate, however, if:

  • The transferee is a licensed firearms dealer under federal law;
  • The handgun is an antique;
  • The transferee is authorized to do so on behalf of a law enforcement agency;
  • The transfer is temporary and the transferee remains: (i) in the line of sight of the transferor; or (ii) within the premises of an established shooting facility; or
  • The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
  • The transferee is a peace officer; or
  • The transferee is a holder of a valid Concealed Handgun Permit holder2

Transfers of rifles and shotguns by private sellers are not subject to background checks in Nebraska, although federal and state purchaser prohibitions still apply.

Nebraska expressly authorizes Nebraska residents not otherwise precluded by applicable laws to purchase, sell, trade, convey, deliver, or transport rifles, shotguns, ammunition, reloading components or firearm accessories in Nebraska and states contiguous to Nebraska.3

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Neb. Rev. Stat. §§ 69-2403, 69-2404, 69-2431. ⤴︎
  2. Neb. Rev. Stat. § 69-2403(2). ⤴︎
  3. Neb. Rev. Stat. § 28-1211. ⤴︎

Private Sales in Nevada

In November 2016, Nevada voters closed the private sale loophole and adopted universal background checks through a voter initiative, Question 1. Effective January 1, 2017, Question 1 requires that firearm sales and transfers in Nevada must generally be conducted by or processed through a licensed firearms dealer pursuant to a federal NICS background check.1 Nevada’s law requires an unlicensed seller and prospective recipient to appear together to request that a licensed dealer conduct the required background check.2 The dealer must take possession of the firearm prior to completing the sale or transfer and must return the firearm to the seller if the prospective recipient does not pass the federal background check.3

Nevada’s law includes certain exemptions for firearms to be transferred without a background check. These include:4

  • Transfers by or to a law enforcement agency or peace officer, security guard, or member of the armed forces acting within the course and scope of his or her employment or official duties;
  • Antique firearms;
  • Transfers between immediate family members, as specified.
  • Transfers to executors of estates or trusts upon the owner’s death;
  • Temporary transfers for self-defense, hunting and trapping, target-shooting, and organized competitions and performances;
  • Temporary transfers that occur exclusively while in the presence of the transferor, provided the transferor has no reason to believe that the transferee is prohibited from having guns or will use the gun in a crime.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Nev. Rev. Stat. Ann. § 202.254. ⤴︎
  2. Nev. Rev. Stat. Ann. § 202.254(2). ⤴︎
  3. Nev. Rev. Stat. Ann. § 202.254(3), (4). ⤴︎
  4. Nev. Rev. Stat. Ann. § 202.254(6). ⤴︎

Private Sales in New Hampshire

See our Private Sales policy summary for a comprehensive discussion of this issue.

New Hampshire has no law requiring a background check prior to transfer of a firearm when the seller is not a licensed dealer (a “private sale”). New Hampshire law explicitly allows a person who is not licensed to sell handguns and who is not engaged in the business of selling handguns to sell a handgun to any person who is known to her or him or who is licensed to sell handguns.1 No person may transfer a handgun to a convicted felon.2 New Hampshire has no other laws regarding private sales of firearms.

See the section entitled Firearms Trafficking for additional laws that limit private sales of firearms.

Notes
  1. N.H. Rev. Stat. Ann. § 159:14. ⤴︎
  2. N.H. Rev. Stat. Ann. § 159:7. ⤴︎

Private Sales in New Jersey

New Jersey requires that, for all handgun transfers the transferee possess a permit to purchase a handgun, which is valid for the acquisition of one handgun.1 For long gun (rifle and shotgun) transfers, the transferee must possess a Firearms Purchaser Identification Card (FPIC).2 One FPIC allows unlimited rifle and shotgun purchases as long as the holder remains eligible to possess the FPIC.3 Holders of a permit to purchase a handgun or an FPIC are subject to federal and state background checks.4

New Jersey prohibits any person from loaning money where the transaction is secured by any handgun, rifle or shotgun.5

In addition, the state prohibits any pawnbroker from selling, offering to sell, lending or giving away any weapon.6

For information regarding New Jersey’s age restrictions for firearm sales, see the section entitled Minimum Age to Purchase & Possess in New Jersey.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. N.J. Stat. Ann. § 2C:58-3a, 3f, 3i; N.J. Admin. Code § 13:54-1.9(a). ⤴︎
  2. N.J. Stat. Ann. § 2C:58-3b. ⤴︎
  3. N.J. Stat. Ann. § 2C:58-3f, 3i; N.J. Admin. Code § 13:54-1.9(b). ⤴︎
  4. See the Prohibited Purchasers Generally in New Jersey section for details. ⤴︎
  5. N.J. Stat. Ann. § 2C:39-11b. ⤴︎
  6. N.J. Stat. Ann. § 2C:39-11a. ⤴︎

Private Sales in New Mexico

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in New Mexico, although federal and state purchaser prohibitions still apply. See the New Mexico Background Checks section.

New Mexico prohibits any person from intentionally giving to another person in custody or confinement any deadly weapon without the express consent of the officer in charge.1

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. N.M. Stat. Ann. § 30-22-12(A). ⤴︎

Private Sales in New York

See our Private Sales policy summary for a comprehensive discussion of this issue.

New York law requires a National Instant Criminal Background Check System (NICS) check by a licensed firearms dealer prior to any transfer, sale, exchange, or disposal of a firearm, except between immediate family members.  The dealer must provide a report of the NICS background check to the state.

A record of the NICS check must be maintained by the dealer (for no specified period) for inspection by any peace or police officer.  The record is not considered a “public record.”  A dealer may require that any transfer conducted under these provisions be subject to a fee of not more than $10.00.  A violation of these provisions is punishable as a misdemeanor.1 A license to possess a handgun must specify each handgun the license holder owns.2  License holders who obtain additional handguns must apply to amend their licenses to specify those handguns, and license holders who sell or otherwise transfer their handguns must apply to cancel the listing of those handguns on their license.3

New York law requires anyone who intends to transfer a lawfully-possessed handgun, short-barreled rifle or shotgun, or assault weapon, to first notify in writing the State Police or, if appropriate, the licensing officer in New York City or Nassau or Suffolk Counties.4 Finally, New York law includes the following catch-all prohibition: “No person shall except as otherwise authorized pursuant to law dispose of any firearm unless he [or she] is licensed as gunsmith or dealer in firearms.”5

See Firearms Trafficking in New York for additional laws that limit private sales of firearms.

Notes
  1. N.Y. Gen. Bus. Law Art. 39-DDD, § 898. ⤴︎
  2. N.Y. Penal Law § 400.00(9). ⤴︎
  3. Id. ⤴︎
  4. N.Y. Penal Law § 265.10(7). See N.Y. Penal Law § 265.00(6) (defining “dispose of”). ⤴︎
  5. N.Y. Penal Law § 400.00(16). ⤴︎

Private Sales in North Carolina

North Carolina law prohibits the sale or transfer of a handgun to a person who has not obtained a permit to purchase a handgun or a concealed handgun permit.1 Furthermore, it is unlawful for any person to receive a handgun from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within North Carolina without having a permit in his or her possession and without exhibiting the permit at the time of delivery to the person delivering the firearm.2

Once obtained, the permit to purchase a handgun, issued by the sheriff of the county in which the purchaser resides, is valid for up to five years and is good for the purchase of one handgun.3 To obtain a permit, an applicant must present evidence that he or she is of good moral character and desires the weapon for protection, target shooting, collecting or hunting.4 Applicants must undergo a background check to obtain a permit.5 See the North Carolina Licensing of Gun Purchasers or Owners section for more information.

North Carolina imposes a felony on any person who sells, offers for sale, gives or transfers in any way a handgun to a person under age 18.6 However, it is not an offense if the handgun is:

  • Lent to the minor for lawful temporary use;
  • Transferred to an adult custodian and the minor takes only temporary possession as allowed by the adult custodian; or
  • A devise distributed to a parent or guardian and the minor takes only temporary possession as allowed by the adult custodian.

Long gun transfers by private sellers (non-firearms dealers) are not subject to background checks in North Carolina, although federal and state purchaser prohibitions still apply.

State law prohibits transferring any deadly weapon or any cartridge or ammunition for firearms to any inmate of a charitable, mental or penal institution, or local confinement facility.7

State law governs sales of firearms by any employee of the state in the exercise of his or her official duty.8

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. N.C. Gen. Stat. § 14-402. ⤴︎
  2. N.C. Gen. Stat. § 14-402(a). ⤴︎
  3. N.C. Gen. Stat. § 14-403. ⤴︎
  4. N.C. Gen. Stat. § 14-404(a)(2), (3). ⤴︎
  5. N.C. Gen. Stat. § 14-404. ⤴︎
  6. N.C. Gen. Stat. § 14-315(a1). ⤴︎
  7. N.C. Gen. Stat. § 14-258.1(a). ⤴︎
  8. N.C. Gen. Stat. § 143-63.1. ⤴︎

Private Sales in North Dakota

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in North Dakota, although federal and state purchaser prohibitions still apply.

North Dakota prohibits supplying a firearm or ammunition to a person the transferor knows or has reasonable cause to believe is prohibited from possessing them under state law.1 North Dakota prohibits any person from transferring a handgun to any such a person.2

North Dakota prohibits any person from delivering to or providing a penitentiary inmate with a firearm intended to be used for an assault or to damage property.3 It also prohibits knowingly supplying a firearm for use in a riot.4

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. N.D. Cent. Code § 62.1-02-08; see also N.D. Cent. Code § 62.1-02-01 (listing the types of individuals who are prohibited from possessing firearms under state law). North Dakota also prohibits procuring or receiving a firearm or ammunition for such a person. ((N.D. Cent. Code § 62.1-02-08. ⤴︎
  2. N.D. Cent. Code § 62.1-02-02. ⤴︎
  3. N.D. Cent. Code § 12-47-21(6). ⤴︎
  4. N.D. Cent. Code § 12.1-25-02. ⤴︎

Private Sales in Ohio

Ohio does not require a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Ohio prohibits any person from recklessly selling, lending, giving, or furnishing a firearm to a person prohibited by state law from acquiring a firearm.1 Moreover, Ohio prohibits possessing a firearm with the purpose of disposing of it in violation of this provision.2

Ohio also restricts sales to young people.

See Firearms Trafficking in Ohio for additional laws regarding private sales.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Ohio Rev. Code § 2923.20(A)(1). ⤴︎
  2. Ohio Rev. Code § 2923.20(A)(2). ⤴︎

Private Sales in Oklahoma

Private firearms transfers (i.e., transfers by individuals not licensed as firearms dealers) are not subject to a background check requirement in Oklahoma.

As noted in the Oklahoma Prohibited Purchasers Generally section, no person may knowingly sell, trade, give, transmit or otherwise cause the transfer of a firearm to any convicted felon, adjudicated delinquent, or any individual who is under the influence of alcohol or drugs or is mentally or emotionally unbalanced or disturbed.1 All persons who engage in selling, trading or otherwise transferring firearms must display this prohibition prominently in full view at or near the point of normal firearms sale, trade or transfer.2

See the Oklahoma Firearms Trafficking section for additional laws aimed at gun trafficking.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Okla. Stat. Ann. tit. 21, § 1289.12. ⤴︎
  2. Id. ⤴︎

Private Sales in Oregon

In 2015, Oregon enacted a law to close the private sale loophole and generally require firearm sales and transfers to be conducted by or processed through a federally licensed firearm dealer (FFL) pursuant to a background check.1  The FFL must process the transaction as if the dealer were selling the firearm from his or her own inventory and comply with all federal and state laws regulating firearms dealers (See the Oregon Background Checks and Federal Law on Private Sales sections for further details).

Once the FFL receives a unique approval number from the Department of State Police indicating that the purchaser has passed the background check, the gun dealer must notify the seller, enter the firearm into the gun dealer’s inventory and transfer the firearm to the buyer. If the dealer receives notification that the buyer is prohibited by state or federal law from possessing or receiving the firearm, the gun dealer must notify the seller and discontinue the transaction. A gun dealer may charge a reasonable fee for facilitating a firearm transfer.

Certain temporary transfers and transfers to family or law enforcement are excluded from these requirements. A private seller at a gun show is also not required to process the sale through an FFL if he or she:

  • Requests a criminal background check prior to completing the transfer;
  • Receives a unique approval number from the Department of State Police indicating that the recipient is qualified to complete the transfer; and
  • Has the recipient complete the form created by the Department. The seller must retain the completed form for at least five years and make it available to law enforcement agencies for the purpose of criminal investigations.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. 2015 OR S 941; Or. Rev. Stat. § 166.435. ⤴︎
  2. Or. Rev. Stat. § 166.438. ⤴︎

Private Sales in Pennsylvania

In Pennsylvania, an unlicensed seller may only sell a handgun or short-barreled rifle or shotgun to an unlicensed purchaser at the place of business of a licensed importer, manufacturer, dealer or county sheriff’s office.1 The licensed importer, manufacturer, dealer or sheriff must comply with all of the dealer regulations set forth in the Pennsylvania Dealer Regulations section, including a background check on prospective purchaser.2 These requirements do not apply to transfers between spouses, parents and children, or grandparents and grandchildren.3 These requirements also do not generally apply to transfers of long guns.4

Any seller who knowingly and intentionally delivers a firearm to an individual who is not eligible to possess a firearm commits a third degree felony.5

No seller may deliver a handgun or short-barreled rifle or shotgun to the purchaser or transferee unless the firearm is securely wrapped and unloaded.6

A person violating these provisions who has already been convicted under them previously (in other words, a repeat offender), receives an enhanced punishment under Pennsylvania law.7

See the section entitled Firearms Trafficking for additional laws that limit private sales of firearms.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. 18 Pa. Cons. Stat. Ann. § 6111(c), (f)(1), (2). ⤴︎
  2. 18 Pa. Cons. Stat. Ann. § 6111(a), (c). ⤴︎
  3. 18 Pa. Cons. Stat. Ann. § 6111(c). ⤴︎
  4. 18 Pa. Cons. Stat. Ann. § 6111(f)(2). ⤴︎
  5. 18 Pa. Cons. Stat. Ann. § 6111(g)(2). ⤴︎
  6. 18 Pa. Cons. Stat. Ann. § 6111(a). ⤴︎
  7. 18 Pa. Cons. Stat. Ann. § 6111(h). ⤴︎

Private Sales in Rhode Island

All sellers of firearms are required to conduct a background check on prospective purchasers, unless the purchaser is a retail dealer, member of law enforcement, or a concealed handgun licensee.1 See the Rhode Island Background Checks section for the procedure.

All sellers (with certain exceptions) must also comply with state waiting period requirements. See the Rhode Island Waiting Periods section.

The purchaser of a handgun also must present a certificate to the seller stating that the purchaser has completed a basic handgun safety course. See the section entitled Rhode Island Licensing of Gun Owners & Purchasers for further information.

For laws requiring sellers to retain records of sales, see the section entitled Retention of Sales & Background Checks Records in Rhode Island.

For age restrictions for firearm sales, see the section entitled Rhode Island Minimum Age to Purchase / Possess Firearms.

See our Private Sales policy summary for a comprehensive discussion of this issue.

 

Notes
  1. R.I. Gen. Laws §§ 11-47-35, 11-47-35.1, and 11-47-35.2. ⤴︎

Private Sales in South Carolina

“Private” firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in South Carolina.

South Carolina law prohibits knowingly selling, offering to sell, delivering, leasing, renting, bartering, exchanging, or transporting for sale into the state any handgun to a person prohibited from possessing handguns under South Carolina law.1 For a list of these individuals, see the section entitled South Carolina Prohibited Purchasers Generally.

South Carolina also prohibits any person from knowingly selling, offering, delivering, leasing, renting, bartering, exchanging a firearm to someone who is not lawfully present in the U.S.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. S.C. Code Ann. § 16-23-30(A). ⤴︎
  2. S.C. Code Ann. § 16-23-530(B). ⤴︎

Private Sales in South Dakota

See our Private Sales policy summary for a comprehensive discussion of this issue.

South Dakota has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. South Dakota does, however, prohibit any person who knows that another person is prohibited from possessing a firearm under South Dakota law from knowingly giving, loaning, or selling a firearm to that person.1

In addition, no person may sell, transfer, give, loan, furnish, or deliver a firearm or ammunition to any person under the age of 18 if the person transferring the firearm or ammunition knows or reasonably believes that the minor intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence.2

See the section entitled Firearms Trafficking in South Dakota for laws aimed at gun trafficking.

Notes
  1. S.D. Codified Laws § 22-14-16. ⤴︎
  2. S.D. Codified Laws § 23-7-46. ⤴︎

Private Sales in Tennessee

Private firearm transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Tennessee.

Tennessee prohibits any person from purchasing or attempting to purchase a firearm knowing that he or she is prohibited by state or federal law from owning, possessing or purchasing a gun.1

Tennessee also prohibits any person from selling or offering to sell a firearm to a person with knowledge that the prospective purchaser is prohibited by state or federal law from owning, possessing or purchasing a firearm.2

See the Tennessee Minimum Age to Purchase or Possess Firearms section for age restrictions.

No person may intentionally, knowingly or recklessly sell a firearm or ammunition to a person who is intoxicated.3

Finally, any person who gives or sells a firearm to a service recipient (defined as a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has a mental illness, serious emotional disturbance, or a developmental disability)4 in a hospital or developmental center, whether on the premises of the facility or elsewhere, knowing such person to be suffering from a mental illness, serious emotional disturbance, or developmental disability, is criminally liable for a felony.5

See the section entitled Firearms Trafficking in Tennessee for laws aimed at gun trafficking.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. Tenn. Code Ann. § 39-17-1316(q)(1). ⤴︎
  2. Tenn. Code Ann. § 39-17-1316(2). ⤴︎
  3. Tenn. Code Ann. § 39-17-1303(a)(2). ⤴︎
  4. See Tenn. Code Ann. § 33-1-101. ⤴︎
  5. Tenn. Code Ann. § 33-3-904(a)(4). ⤴︎

Private Sales in Texas

See our Private Sales policy summary for a comprehensive discussion of this issue.

Texas has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Texas law does, however, state that a person commits a Class A misdemeanor if he or she:

  • Sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
  • Intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give a firearm to any child younger than age 18. It is an affirmative defense to this charge that the transfer was to a minor whose parent or legal custodian had given written permission for the sale or, if the transfer was other than a sale, the parent or legal custodian had given effective consent. This offense rises to the level of a “state jail felony” (the lowest class of felony under state law) if the firearm involved is a handgun;
  • Intentionally, knowingly, or recklessly sells a firearm or ammunition to any person who is intoxicated;
  • Knowingly sells a firearm or ammunition to any person who has been convicted of a felony before the fifth anniversary of the later of: 1) the person’s release from confinement following conviction of the felony; or 2) the person’s release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
  • Sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or
  • Knowingly purchases, rents, leases, or receives as a loan or gift a handgun while an active protective order is directed to the person.1
Notes
  1. Tex. Penal Code § 46.06(a). ⤴︎

Private Sales in the District of Columbia

Private sellers in the District of Columbia must have a registration certificate in order to lawfully transfer a firearm.1 See the District Registration of Firearms section. Even where private sellers are so eligible, they may transfer registerable firearms2 only to licensed dealers.3

In addition, no person may sell a handgun to a person: 1) not of sound mind; 2) prohibited from possessing a firearm by any of the specific prohibited categories under D.C. Code Ann. § 22-4503 (see the District of Columbia Prohibited Purchasers Generally section); or 3) under age 21, unless the seller is the parent or guardian of the purchaser.4 Any person who knowingly or intentionally transfers a firearm or ammunition to someone under age 18 shall be fined up to $10,000, imprisoned for up to 10 years, or both.5

The District also prohibits the use of firearms or ammunition as security for a mortgage, deposit or pledge, and prohibits loaning, borrowing, giving, or renting a firearm or ammunition to or from another person.6

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. D.C. Code Ann. § 7-2502.01(a). ⤴︎
  2. Unregisterable firearms, such as machine guns, assault weapons, .50 BMG rifles or certain unsafe handguns, among others, cannot be registered and therefore cannot be transferred. See D.C. Code Ann. § 7-2502.02. ⤴︎
  3. D.C. Code Ann. § 7-2505.02(a). The District has other transfer restrictions that apply to all sellers of firearms in the district. These appear to apply only to licensed dealers, however. Sellers must wait to deliver a firearm to a purchaser after 10 days have elapsed from the time of application (except for transfers to certain law enforcement officers). D.C. Code Ann. § 22-4508. Firearms must be transported safely and lawfully (See D.C. Code Ann. § 22-4504.02.) D.C. Code Ann. § 22-4508. Prior to transfer, purchasers must sign in duplicate and deliver to the seller a statement containing his or her full name, address, occupation, color, place of birth, the date and hour of application, the caliber, make, model, and manufacturer’s number of the firearm to be purchased and a statement that the purchaser is not forbidden by D.C. Code Ann. § 22-4503 from possessing a firearm. D.C. Code Ann. § 22-4508. The seller shall, within six hours after such application, sign and attach his or her address and deliver a copy to the Chief of Police, and retain the other copy for six years. D.C. Code Ann. § 22-4508. ⤴︎
  4. D.C. Code Ann. § 22-4507. ⤴︎
  5. D.C. Code Ann. § 7-2507.06(1). ⤴︎
  6. D.C. Code Ann. § 7-2507.01. ⤴︎

Private Sales in Utah

Private firearms transfers (i.e., transfers by individuals not licensed as dealers) are not subject to a background check requirement in Utah.

In 2012, Utah enacted a law prohibiting transfer of a firearm to a person that the seller knows is prohibited under Utah law from possessing firearms.1

See the Firearms Trafficking in Utah section for laws aimed at gun trafficking.

Utah prohibits the sale of any firearm to a person under age 18 unless he or she is accompanied by a parent or guardian.2

See our Private Sales policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Utah Code Ann. § 76-10-503(8). ⤴︎
  2. Utah Code Ann. § 76-10-509.9. ⤴︎

Private Sales in Virginia

See our Universal Background Checks policy summary for a comprehensive discussion of this issue. 

Virginia has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Virginia law does, however, prohibit any person from selling, bartering, giving or furnishing, or having in his or her possession or under his or her control with the intent of selling, bartering, giving or furnishing, any firearm to any person he or she knows is:

  • A person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services on a charge of: 1) treason; 2) any felony; or 3) certain misdemeanors;
  • Convicted of a felony;
  • Not a citizen of the United States and not lawfully present in the United States;
  • Under the age of 29 and was found guilty as a juvenile (14 years of age or older) of a delinquent act which would be a felony if committed by an adult; or
  • Under 18 years of age, if the firearm is a handgun, assault firearm, or shotgun (“which will hold more than seven rounds of the longest ammunition for which it is chambered”).1

This prohibition does not apply if the person has had his or her eligibility to purchase or possess a firearm restored under Virginia law.2

In 2016, Virginia enacted a law requiring the Department of State Police to be available at gun shows in order to facilitate voluntary background checks requested by either party to a transaction if the seller is an unlicensed individual.3 See Gun Shows in Virginia for more information.

Notes
  1. Va. Code Ann. § 18.2-308.2:1. See also Va. Code Ann. §§ 18.2-308.2(A), 18.2-308.7. ⤴︎
  2. Id. ⤴︎
  3. Va. Code Ann. § 54.1-4201.2 as amended by 2016 VA H 1386/S 715. ⤴︎

Private Sales in Washington

See our Private Sales policy summary for a comprehensive discussion of this issue.

In 2014, Washington became the first state to enact a law requiring background checks on private sales by voter initiative.1 The law requires private buyers and sellers to conduct a firearms transaction through a federally licensed firearm dealer (FFL). The FFL must process the transaction as if the dealer were selling the firearm from his or her own inventory and comply with all federal and state laws regulating firearms dealers, such as performing the required background check on the purchaser (see the Washington Background Checks section).2

Some transfers between non-licensed sellers and buyers are exempt from the background check requirement including:3

  • Bona fide gift transfers between spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;
  • Transfers of antique firearms;
  • Transfers to prevent imminent death or great bodily harm so long as the temporary transfer lasts only as long as immediately necessary to prevent such imminent death or great bodily harm. The transferee must not prohibited from possessing firearms under state or federal law;
  • Transfers to certain law enforcement agencies or officers who are acting within the course and scope of their employment or official duties;
  • A transfer to or from a federally licensed gunsmith who receives a firearm solely for the purposes of service or repair; and
  • Certain types of temporary transfers such as those between spouses or domestic partners or at a shooting range.

The FFL may not transfer the firearm to the purchaser until either the purchaser clears the background check or ten business days have elapsed from the date the FFL requested the background check, whichever occurs first.4 For transfers of handguns to individuals without valid Washington driver’s licenses or state identification card or who have not been a resident of the state for the previous consecutive ninety days, the FFL may not deliver the handgun until the transferee passes a background check or 60 days have elapsed since the date of the request, whichever occurs first.5

When a Washington resident buys a long gun out-of-state, or sells a long gun to an out-of-state resident, the buyer and seller must follow the procedures of the background checks law.6 FFLs may not sell or deliver a handgun to a resident of another state.7 (See our Dealer Regulations federal policy summary for a comprehensive discussion of laws regulating federally licensed firearms dealers.)

 

Notes
  1. See Initiative Measure No. 594, available at http://sos.wa.gov/_assets/elections/initiatives/FinalText_483.pdf. ⤴︎
  2. Rev. Code Wash. § 9.41.113. ⤴︎
  3. Rev. Code Wash. § 9.41.113(4). ⤴︎
  4. Rev. Code Wash. § 9.41.113. ⤴︎
  5. Id. ⤴︎
  6. Id. ⤴︎
  7. 18 U.S.C. § 922(b)(1), (3). ⤴︎

Private Sales in West Virginia

Private firearms transfers (i.e., transfers by individuals who are not licensed dealers) are not subject to a background check requirement in West Virginia. No person may knowingly sell, rent, give or lend a firearm to a person prohibited by federal or state law from possessing firearms.1

West Virginia prohibits any person from publicly displaying or offering for sale or rent any firearm or ammunition where a passerby on a street, road or alley can see it.2

Moreover, any person who gives or sells to any patient legally committed to a state hospital, whether on the hospital premises or elsewhere, any firearm, is criminally liable for a misdemeanor.3

Finally, any person who gives or sells, or aids or abets any other person to give or sell, to any young person in a state youth correctional facility, whether on the premises of such institution or otherwise, any firearm, is criminally liable for a misdemeanor.4

See the section entitled Firearms Trafficking in West Virginia for laws aimed at gun trafficking.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Notes
  1. W. Va. Code § 61-7-10(d). ⤴︎
  2. W. Va. Code § 61-7-10(a). ⤴︎
  3. W. Va. Code § 27-12-3. ⤴︎
  4. W. Va. Code § 28-1-8. ⤴︎

Private Sales in Wyoming

Private firearms transfers (i.e., transfers by individuals other than licensed dealers) are not subject to a background check requirement in Wyoming.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Universal Background Checks in Colorado

In Colorado, almost all firearm transfers between unlicensed persons must be processed by a licensed firearms dealer, subjecting the prospective purchaser to a background check.

In 2013, Colorado enacted a law requiring gun sellers who are not federally licensed dealers to initiate a background check when transferring a firearm. With the exceptions listed below, any unlicensed individual who seeks to transfer possession of a firearm to a prospective transferee must:  1) require that a background check is conducted on the prospective transferee by a licensed gun dealer; and 2) obtain approval of the transfer from the Colorado Bureau of Investigation (CBI) following the background check request.1

If the transferee is an entity (e.g. a business), then a background check must be conducted on each person who is authorized by the entity to possess a firearm.2

When a licensed dealer obtains a background check on a prospective transferee, the dealer must record the transfer and retain the records in the same manner as when conducting a sale, rental or exchange at retail. The dealer must also provide the transferor and transferee with a copy of the results of the background check, including CBI’s approval or disapproval of the transfer.3

A dealer may charge a fee of up to $10 for conducting a background check for an unlicensed seller.4

A transferee cannot accept possession of the firearm from an unlicensed seller until CBI approves the transfer. The transfer must be completed within 30 days of that approval.5

A transferee is prohibited from knowingly providing false information to a prospective transferor or to a licensed dealer for the purpose of acquiring a firearm.6

These transfer provisions do not apply to, inter alia:

  • A bona fide gift or loan between immediate family members;
  • A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;
  • A transfer that is temporary and occurs while in the home of the unlicensed transferee if:
    • The unlicensed transferee is not prohibited from possessing firearms; and
    • The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;
  • A temporary transfer of possession without power of ownership or a title to ownership, which takes place:
    • At a shooting range located in or on premises owned by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
    • At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or
    • While hunting, fishing, target shooting, or trapping if:
      • Legal in all places where the unlicensed transferee possesses the firearm; and
      • The unlicensed transferee holds any license or permit that is required for such activity;
  • A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm, except that all parties who possess the firearm as part of such transaction must be able to legally possess a firearm;
  • Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;
  • A temporary transfer for not more than 72 hours. A person who makes such a temporary transfer may be jointly and severally liable for damages proximately caused by the transferee’s subsequent unlawful use of the firearm; or
  • A member of the armed services who will be deployed outside of the U.S. in the next 30 days, to any immediate family member.7

When a person violates the above transfer requirements, the violation is punishable as a Class 1 misdemeanor and the person must be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.8 When a person is convicted, the State Court Administrator must report the conviction to CBI and to the National Instant Criminal Background Check System. The report must include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.9

See the Background Checks in Colorado section for further information about the procedure.

In Colorado, a person is criminally liable if he or she:

  • Intentionally, knowingly, or recklessly provides a handgun to any person under age 18;
  • Knows of a juvenile’s unlawful possession of a handgun and fails to make reasonable efforts to prevent the juvenile’s conduct;
  • Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and permits the juvenile to possess a handgun;
  • Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and fails to make reasonable efforts to prevent the commission of the offense;
  • Sells, rents, or transfers ownership of a long gun to a juvenile without the consent of his or her parent or guardian. This prohibition also applies to a person who allows unsupervised possession of a long gun to a juvenile without the consent of the juvenile’s parent or guardian;10 or
  • Violates the unlicensed transfer requirements by, for example, failing to have a licensed dealer conduct a background check on the transferee. A person violating the private transfer requirements can be held jointly and severally liable for any civil damages proximately caused by the transferee’s subsequent use of the firearm.11

See our policy summary on Universal Background Checks for a comprehensive discussion of this issue.

Notes
  1. Colo. Rev. Stat. § 18-12-112(1)(a). ⤴︎
  2. Colo. Rev. Stat. § 18-12-112(1)(b), (2)(A). ⤴︎
  3. Colo. Rev. Stat. § 18-12-112(2)(b), (c). ⤴︎
  4. Colo. Rev. Stat. § 18-12-112(2)(d). ⤴︎
  5. Colo. Rev. Stat. § 18-12-112(3)(a), (4). ⤴︎
  6. Colo. Rev. Stat. § 18-12-112(3)(b). ⤴︎
  7. Colo. Rev. Stat. § 18-12-112(6). ⤴︎
  8. Colo. Rev. Stat. § 18-12-112(9)(a). ⤴︎
  9. Id. ⤴︎
  10. Colo. Rev. Stat. § 18-12-108.7. ⤴︎
  11. Colo. Rev. Stat. § 18-12-112. ⤴︎

Universal Background Checks in Louisiana

Louisiana has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Louisiana law does, however, prohibit knowingly making a firearm available to a patient of a mental institution.1 It is also unlawful to give, sell, donate, lend, deliver or otherwise transfer a firearm to a person knowing him or her to be a convicted felon.2

The only other Louisiana laws governing such sales are those addressing the minimum age of the purchaser.

See our policy summary on Universal Background Checks and the “Private” Sale Loophole for a comprehensive discussion of this issue.

Notes
  1. La. Rev. Stat. § 28:183. ⤴︎
  2. La. Rev. Stat. § 14:95.1.1. ⤴︎