Learn how to use a firearm bill of sale to privately buy, sell, or transfer ownership of a gun.
Updated April 25, 2023
Written by Jana Freer | Reviewed by Susan Chai, Esq.
A Firearm Bill of Sale provides proof of purchase of a handgun, rifle, shotgun, or another type of gun from a seller to a buyer.
The seller agrees to transfer gun ownership to the buyer, and a Firearm Bill of Sale is used to record the transaction along with the personal information of both parties.
Proper documentation can protect you when you sell a gun if future legal or criminal issues occur involving the sold weapon.
A firearm bill of sale is a legal form that documents the sale of a firearm between two parties— a seller and a buyer.
In exchange for a certain amount of money, the seller agrees to transfer firearm ownership to the buyer.
A Firearm Bill of Sale is an official record that a firearm was sold on a specific date for a certain price.
The forms and processes required to sell a gun might differ depending on the state. Check your local laws before buying or selling a privately-owned gun.
In most states, you’re not legally required to use a Firearm Bill of Sale when privately selling or buying a gun.
However, using a Firearm Bill of Sale does protect you by proving the following:
You may be legally liable for anything associated with the gun without using this form. This includes any fees, violations, fines, or even criminal behavior.
If you want to privately sell a gun to a friend, a Firearm Bill of Sale can serve as a receipt between two unlicensed individuals.
Dealers such as pawn shops that frequently buy and sell guns for profit need a Federal Firearm License (FFL) from the ATF. [1]
If you’re selling a gun in a state that allows private firearm sales, it’s essential to take the following steps:
While you may not need a Firearm Bill of Sale to sell a gun, knowing the local and state laws regarding private firearm sales will protect you from legal issues. [2]
Private firearm sales to unlicensed individuals like a friend have certain restrictions in some states, while others don’t allow them at all.
Additionally, some states have restrictions such as mandatory background checks on sales between unlicensed individuals, while others have few or no regulations.
If the law seems complex or unclear, your safest bet is to contact your local Alcohol, Tobacco, Firearms (ATF) office and ask for information. [3]
Background check requirements for private gun sales vary across states. [4] For example, only 13 states and Washington DC require background checks for all gun sales, even if they are private transactions.
It’s essential to determine if you need to conduct a background check through a licensed dealer or government agency before selling to the buyer.
To limit the risk of selling to someone who shouldn’t have a gun, ask the buyer if they currently have a license to carry, a concealed carry permit, or other such documentation.
If they don’t, consider asking them to get one before selling the gun.
While it’s not required, it offers a certain level of security, as getting one often involves a background check and basic gun training. Certain states require a permit or license before buyers can purchase or carry a firearm.
Meeting with the buyer allows you to check their ID and verify that they’re from the same state where the private gun sale occurs.
You can’t send or sell a gun across state lines without first sending the weapon to a licensed firearm dealer for a state background check.
To protect yourself from future liabilities, you and the buyer should fill out a Firearm Bill of Sale to finalize the sale of the gun.
The document will have your information in case legal authorities need to contact you, and the buyer’s information will let officials trace the gun’s ownership.
Selling a gun privately might differ in process among states, but a Firearm Bill of Sale generally includes the following details:
Because this form is an official record of a gun sale, it should be signed by both parties.
Once the exchange is complete, ensure you and the buyer have a copy of the completed firearm bill of sale.
Completing a simple firearm bill of sale should include the following information:
A Firearm Bill of Sale records the gun’s ownership transfer and ensures that the seller is the legal owner of the firearm, so it should include the buyer and seller’s:
Describe the firearm as clearly as possible so the gun is easier to identify if necessary. This includes:
The state of the gun at the time of the sale should be noted to avoid future disputes or legal issues with the gun’s condition.
Usually, the firearm is “sold as is” or as the seller advertised, unless you have agreed to something else.
As a receipt that documents the terms agreed upon by both the buyer and seller, the Firearm Bill of Sale should include the following:
The seller and buyer should sign and date the form to make it official. Each person should keep a copy of the signed form to protect themselves if there are any legal problems in the future.
The following template is an example of a firearm bill of sale.
A firearm bill of sale generally does not need to be notarized. The requirements tend to differ by state, but it is always a good idea to notarize the bill of sale regardless of your state laws.
Notarization adds an extra level of legal protection that can benefit you.
A Federal Firearms License (FFL) is a license that enables a company or individual to import, manufacture, or deal ammunition and firearms.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives issues it. The major types of FLLs are dealers, manufacturers, importers, and collectors.
The United States government has required FFLs for people and companies engaging in the business of such activities since the enactment of the Gun Control Act of 1968 .
You can apply for an FFL by following these steps:
The IOI will then create a report of the interview and inspection and decide to approve or deny your application.
Common reasons for denial include:
Also known as carrying a concealed weapon (CCW), concealed carry is carrying a gun on or close to one’s person or in public places that conceals or hides the weapon’s presence from others.
The opposite of concealed carry is open carry, the practice of visibly carrying a firearm in public places.
Despite its name, open carry does not generally mean you can directly carry a gun in your arms, especially in combat or firing positions. Instead, you carry the firearm attached to a sling or in a holster.
The concealed and open carry laws vary significantly by state and sometimes by municipality or county. In some jurisdictions, civilians are required to get a CCW permit to own and carry a firearm legally.
In others, civilians only need a CCW permit if they carry the gun in a concealed manner, such as carrying the weapon in their bag, purse, or trunk.
The process of getting a CCW permit varies by state. However, here are some general guidelines for the concealed carry permit application process.
Do Your Research
Before filling out any forms, ensure you meet your state’s requirements for obtaining a CCW permit, such as the minimum age and proof of residency. Some states may also require you to undergo training, a background check, and fingerprinting.
You should also research the different types of CCW permits. If you live in a “may-issue” state, your permit may be denied even if you meet all the requirements since decisions are made individually. On the other hand, if you live in a “shall-issue” state, you will receive a permit if you meet all the requirements.
Take a Concealed Carry Course
Not all states require CCW applicants to take a concealed carry course. However, you should take concealed carry classes to learn how to safely and legally handle a firearm.
Fill Out the CCW Application
After passing your concealed carry course and obtaining proof of completion, complete your CCW permit application according to state requirements. Submit your paperwork with the required items, such as a firearm bill of sale, background check, a copy of your driver’s license or state ID, a firearms training certificate, fingerprints, and the processing fee.
Depending on your state, it may take a week to several months to get your CCW permit. Only carry a concealed weapon once you have your CCW permit in hand.
Keep Your License and Training Up-to-Date
Once you receive your CCW permit, you can carry a concealed weapon.
Remember to renew your permit and keep your training current — carrying a concealed firearm or weapon without a valid permit is a punishable offense.
The registration process depends on your firearm type.
Firearms subject to the National Firearms Act (NFA) must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives, regardless of where you live. Firearms subject to the NFA include:
You can register a firearm subject to the NFA by completing and submitting ATF Form 1, Application to Make and Register a Firearm in duplicate.
Your application must include an FBI FD-258, Fingerprint Card in duplicate and payment of the $200 tax.
The registration process for non-NFA firearms depends on your state and area. Many states do not require firearm licensing or registration.
Additionally, most states with firearm registration laws only require specific types of firearms to be registered — currently, only Hawaii requires registration of all guns.
Contact your State Attorney General’s Office, State Bureau of Firearms, or State Police to learn about your area’s laws and registration process to ensure compliance with state and local firearm requirements.
The state agency will tell you what forms you must complete to register your firearm if applicable.
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