Firearm Bill of Sale: Legal Requirements for Private Gun Sales

Firearm Bill of Sale: Legal Requirements for Private Gun Sales

Private firearm sales — sometimes called "private party transfers" — are legal in most U.S. states, but they come with significant legal responsibilities. A proper firearm bill of sale creates a reliable record that a legal transfer occurred and protects the seller from liability if the firearm is later used in a crime.

Federal Law and the Gun Show Loophole Debate

Under federal law, licensed firearms dealers (FFLs) must conduct a background check through the NICS (National Instant Criminal Background Check System) before every sale. However, private party transfers (person-to-person sales not involving a licensed dealer) are not required to conduct NICS checks under federal law.

This is the so-called "gun show loophole" — though it actually applies well beyond gun shows to any private sale.

However: Several states have closed this loophole and require background checks for ALL firearm transfers — including private sales. These include California, Colorado, Illinois, New York, Oregon, and others.

⚠️ Always verify your state's requirements before completing a private firearm transfer.

State Background Check Requirements

States requiring background checks for private sales typically require the transfer to go through a licensed FFL dealer, who conducts the NICS check and handles paperwork (typically for a $25–$75 transfer fee).

What a Firearm Bill of Sale Should Include

Firearm Description - Make, model, and caliber/gauge - Serial number - Action type (semi-automatic, bolt-action, etc.) - Barrel length and overall length (relevant for federal NFA regulations on short-barreled rifles/shotguns) - Condition (new, used, modifications)

Transaction Details - Date of sale - Sale price (even for "as-is" private sales) - Whether any accessories are included (holsters, magazines, cases)

Seller Information - Full legal name and address - Signature and date - Statement certifying seller is legal owner and firearm has no liens or encumbrances

Buyer Information - Full legal name and address - Date of birth (for age verification — 21 for handguns, 18 for long guns under federal law) - Signature and date - Buyer's statement that they are not prohibited from purchasing firearms under state or federal law

Who Is Prohibited from Purchasing Firearms?

Under federal law (18 U.S.C. § 922), firearms cannot be sold to individuals who: - Are under indictment for or have been convicted of a felony - Are under 18 (long guns) or 21 (handguns) - Are domestic violence misdemeanor convictees or restraining order subjects - Have been adjudicated as mentally defective or committed to a mental institution - Are illegal aliens or non-immigrant visa holders - Have been dishonorably discharged from the military - Have renounced U.S. citizenship - Are fugitives from justice - Are drug users or addicts

Selling to a prohibited person is a federal felony, even in a private sale.

Practical Protections for Sellers

As a private seller, protect yourself by: 1. Meeting only in person — verify ID face to face 2. Checking a valid government photo ID — to confirm name and age 3. In states without mandatory checks: Consider voluntarily going through an FFL for the NICS check as proof of due diligence 4. Keeping a signed copy of the bill of sale — indefinitely 5. Never reselling guns you suspect were stolen — this is a federal crime

Recordkeeping

Unlike licensed dealers, private sellers have no federal recordkeeping requirement — but keeping your signed bill of sale permanently is basic prudent practice. If a firearm you sold is ever used in a crime, your bill of sale is evidence that you completed a legal sale and are not the responsible party.

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