How to Transfer Ownership of a Gun: State by State

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How to Transfer Ownership of a Gun: State by State

Gun laws can be complex and confusing. There are federal regulations, state regulations, and even sometimes local regulations with which you have to contend.

As a result, it can be tricky to navigate them all if you want to sell or transfer ownership of your gun.

Transferring refers to the act of legally moving ownership of a gun from one person to another. It comes with its own unique set of rules and considerations.

Not to worry: We've put together a guide to help with legally transferring your firearms wherever you live.


The Ever-Important Disclaimer and a Word About Gun Laws

Before we go further, there are two important points to address: politics and legality.

No, we're not getting political. But by nature, gun law discussion involves different state and federal legislation that some people feel very strongly about.

This information is meant to be educational, and no assertions are being made about these laws one way or another. The purpose here is to inform people about the laws and regulations involving the transfer of guns.

This brings up the next point: legality. This article is not meant to provide legal advice. If you need that, contact an attorney.

The goal here is to clear up confusion and provide plain-English specifics on the requirements for firearms transfer. The information provided here is as up-to-date and accurate as possible at the time of writing.

Still, you should always do your due diligence and ensure everything has stayed the same since this information was published. New gun laws are passed all the time, and being unaware can land you in trouble.

Federal Regulations Regarding Gun Ownership Transfer

Firearms transfers are federally regulated, and the agency in charge of that regulation is the Bureau of Alcohol, Firearms, Tobacco, and Explosives. Or, as it's more commonly known: the ATF.

It's the ATF's job to interpret and carry out the enforcement of all federal regulations regarding firearms. ATF rules apply to the entire United States, and for transfers, they're surprisingly straightforward and easy to follow.

According to the ATF, any unlicensed person (meaning not a Federal Firearms Licensee) may transfer a firearm to another unlicensed person residing in the same state as long as that person is not barred from owning a gun.

This means it's perfectly legal under federal law to transfer your gun to another person without any extra steps as long as they are allowed to own a firearm.

There is no federal requirement for having a license to do so, and you don't need to fill out any paperwork. As long as you're both residents of the same state, your transaction is essentially unrestricted.

Conducting a background check is encouraged but not required.

However, if the person transferring the gun lives in another state, you must have a license or an FFL to do the transfer. Additionally, the transfer must go to another FFL; it can't go directly to the person.

Typically, you take the gun to a licensed dealer, who transfers it to an authorized, licensed dealer in the other state.

Then, the recipient comes to the dealer in their home state, fills out the appropriate ATF forms, and gets a background check.


What is an FFL

FFL stands for Federal Firearms License. It is a license issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the United States.

An FFL allows individuals or businesses to engage in the business of dealing in firearms, which includes manufacturing, importing, and selling firearms.

Having an FFL grants certain privileges and responsibilities related to the sale and transfer of firearms. It allows licensed dealers to legally buy, sell, and transfer firearms across state lines, as well as to individuals within their own state.

It also enables individuals or businesses to engage in activities such as gunsmithing, manufacturing firearms, and collecting certain types of firearms.

It's also important to note that different types of FFLs exist, each corresponding to specific activities or purposes within the firearms industry.

These include FFLs for dealers, manufacturers, gunsmiths, and collectors, among others. Each type of FFL authorizes different activities related to firearms.


State Regulations Regarding Gun Ownership Transfer

State Regulations Regarding Gun Ownership Transfer

While person-to-person transfers of gun ownership within the same state don't come with any paperwork requirements from the federal government, the same isn't true of gun laws at the state level.

Below is a listing, by state, of the state regulations pertaining to the private sale or transfer of guns. Any additional requirements listed are in addition to federal rules, meaning you must follow them when transferring gun ownership within the state.

If your state is not listed here, no additional state requirements are necessary.

Alaska
Alaska requires that second-hand sellers, such as pawnbrokers, maintain transaction records, but this requirement does not exist for private sales.

California
California requires that all sales be conducted by an FFL; there can be no private transfers of gun ownership.

Colorado
Colorado requires that the seller must arrange for an FFL to conduct a background check.

Connecticut
Connecticut requires that handgun transfers are authorized by the Department of Emergency Services and Public Protection (DESPP). This authorization is subject to the results of a background check.

Connecticut also requires that long guns be transferred by an FFL and that FFL must perform a background check.

Connecticut requires a permit for all guns, and this permit must be obtained before the background check is performed.

Delaware
Delaware requires all sales to be performed by an FFL and the private sellers must be present at the FFL's place of business when the sale occurs.

District of Columbia
The District of Columbia requires that the seller arrange for an FFL to conduct a background check, and there is a 10-day waiting period on all firearm sales.

All firearms must also be registered with the D.C. Metro police.

Florida
Florida doesn't have any additional requirements for private sales, but county governments have been granted the authority to require background checks and a three- to five-day waiting period for private firearms transfers.

Hawaii
Hawaii requires a permit, and there is a 14-day waiting period for all firearms purchases.

Illinois
Illinois requires a permit to purchase a gun. Additionally, all sales must be recorded, and those records must be maintained for 10 years.

There is also a 24-hour waiting period requirement for all long gun purchases and a 72-hour waiting period for all handgun purchases, regardless of whether it's a private sale.

Iowa
Iowa requires a permit for all firearm purchases.

Maine
Maine requires that a buyer must sign, in the presence of the seller, an acknowledgment of having received Maine's basic firearms safety brochure.

Maryland
Maryland requires using an FFL or local law enforcement agency to perform all sales of handguns and "assault weapons."

Massachusetts
Massachusetts requires a record be kept of the transaction and filed with the state Department of Criminal Justice Information Services.

Michigan
Michigan requires that a license or concealed carry permit be obtained in order to purchase a handgun.

Minnesota
Minnesota requires that all sales of handguns and tactical-style weapons be recorded with the local police department, and the police department must conduct a background check.

Additionally, the seller is held criminally liable if the firearm is used within one year of the transfer in the commission of a violent felony if it's found that person was not allowed to have that weapon.

Nebraska
Nebraska requires a permit for all firearms purchases.

New Jersey
New Jersey requires a license or permit for all firearms purchases.

New York
New York requires a background check for all firearms sales. All sellers must also maintain records for all firearms sales, and a permit is required to purchase a handgun.

North Carolina
North Carolina requires a permit for handgun sales.

Oregon
Oregon requires all firearms sales to be done by an FFL.

Pennsylvania
Pennsylvania requires that all handguns, short-barreled rifles, and shotguns be sold at an FFL or county sheriff's office.

Rhode Island
Rhode Island requires background checks for all firearm sales, and records must be maintained.

Tennessee
Tennessee doesn't allow firearm sales to an intoxicated person.

Texas
Texas does not allow firearm sales to an intoxicated person.

Washington
Washington requires all firearms sales to be done by an FFL.


Additional Considerations

Each state listed does have some additional regulatory language that mimics the federal regulations regarding transfer to felons, minors, and those with mental health reasons for not being allowed firearms.

Those were not individually listed because they're the same as the federal regulations in that transfers to those people are prohibited. Those laws simply provide for additional state penalties along with federal ones.

Keep in mind that laws are constantly changing. If you have any questions, contact a local FFL, lawyer, or even state and local police for clarification. Trying to ensure you stay legal and protect yourself during a transfer may seem daunting if you don't have all the necessary information.

With this guide, you should be able to better navigate the confusion and begin with a good foundation for what you need to do to transfer your firearms legally.

Disclaimer: We here at Ammunition Depot feel it is important to note again the best legal advice you can obtain will come from someone other than us but from an attorney familiar with the laws in your jurisdiction.

It is also worth noting that your local FFL (your local gun store, for most people) might be able to offer you sound advice on transferring the ownership of firearms.

In most cases, developing a relationship with your local FFL can be good for people interested in firearms and those looking to become new firearm owners.

Comments
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Scott
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I live in NE and if I was given a hand gun buy a family member that was registered in there name how do you go about changing the name on the register
Erik g
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That's the same thing I wanna know but in arizona?
A
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I don’t need any license or cpl in Michigan to purchase a handgun. I bought two and then got a cpl.
Bob C.
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So long as you have a permit in NE, you can go to the registry and have them put that sidearm on your permit. You may, however, have to temporarily surrender that firearm for ballistics testing IF it were involved in a crime. If it comes back clean, they'll return the sidearm to you and post it on your permit. this process may take up to a month to complete.
Bob C
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I live in Florida not New England
Annetta Reese
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I live in Michigan and my sister lives in Kentucky how do I transfer a hand gun from her name to mine
Cydney Daane
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Hello we are from Tennessee. My husband bought a new handgun and the other handgun is mine now and the shotgun. How do we transfer ownership for this state?
Talon Morris
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I have a gun registered to my dad, how would I transfer that to my name?
Dawn
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I got two guns in my name in Texas but now live in Georgia and need to transfer them out of my name how do i go about doing that?
John
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I live in NY state. I bought a 308 from a friend and I'm trying to figure out how to transfer owner ship
Susan
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I live in New Mexico now and I was told that I have to get the pistol out of her name how can I get this done
Michael Thompson
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I live in Georgia and if I was given a hand gun buy a family member that was registered in there name how do you go about changing the name on the register
Charlene Carr
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Do I need to transfer a gun from my name to my husband name in Kentucky?
Charlene Carr
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I bought a handgun for my husband for Christmas I put it into my name. Do I need to transfer it into my husband name
Bridgette Holman
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What form do I need to transfer a gun into someone else name in Texas?
Robert Williamson
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I reside in California. My brother in law wants to gift me a colt mustang .380. I want to reregister it in California so that I can conceal carry this pistol( I am retired from lapd with a ccw. I have been told that may not be possible. Your opinion please. Thank you Bob
Rae Mcloon
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I'm moving from NY to NJ I have the permit and gun in NY not sure what I need to do when I move to NJ?
Tyesha
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You don't need to transfer or register your gun from Texas to Virginia. That's interesting....
Wanda Zoeller
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I live in indiana and will be selling my handgun to a friend in Kentucky. Do I have to transfer ownership?
Bob Cartlidge
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I am a retired Police officer out of Pennsylvania, I have a license to carry ! however my sister gave me her deceased husbands Firearm anything that I have to do to put this in my name, I live and his wife also live in Florida ! as well as myself
James oehlers jr
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My girl boutique me a pistol for my birthday how do I transfer it to my name
JILL A LASKOWSKI
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How do I transfer a gun out of my name. won the gun in a raffle, my husband took the gun and gave it to someone he owed money to for a gun that i had given to him, instead used the money on his girlfriend house repair. just want to transfer the gun to my husband name so when they come checking these guns out they will look for him.
Peggy Collins
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I live in Texas and I bought a hand gun and I just wanted to sell it to a friend what would I have to do to put it in his name
Pam
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I live in Pennsylvania, my son lives in Florida. I won a pistol. And I don't deal well with them. He would like to buy it. He has a concealed carry permit. I would like to know. How do I get it down to him?
Joseph A Zelasko
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I have the same question.how to get a gun to someone in another state. J.Z
Nicole
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My mother purchased handguns for my ex-husband and I a few years ago. It is registered in his name and now that we are divorced, he will not give me the gun although it was purchased for me. I'm in SC how do I go about having it registered into my name?
Dee
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My husband has dementia and is no longer at liberty to use a handgun. We are in IA. My step son is driving to visit for Thanksgiving and wants to take them back to AZ with him. He has a conceal carry. Is it legal for him to transfer them to AZ from IA in his vehicle? How do the guns get transfered to his name?
Freddy Freedom
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If you really want the State to know you posses a firearm and really want them to know where to come get it, when they choose to ban them retroactivley, like Australia, find an FFL (Federal Firearms Licensees). They will can found at Gun stores, some pawn shops, google search, etc. You'll pay a $10 Brady Background Tax, then, depending on type of firearm and what the FFL decides to charge per firearm. That can range anywhere from free to as much as they want to charge. On average, it will be $35 + Brady Tax The purpose of gun regisrty "enable law enforcement to identify, disarm, and prosecute violent criminals and people illegally in possession of firearms." If this describes you, you should most definitely register your firearm. Please do all us law abiding firearm owners a favor and also get finger printed while giving your DNA sample!!! See how logical that is, because we all know criminals buy and register thier firearm. It's not like they can just look you up and confiscate your firearm anytime the law changes (see Australia NFA). We all know how infrequently laws are changed!?
Joseph Benenate
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How do you get a handgun out of your name, if you sold it to a friend.
Thomas Walker
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My son passed away last year and he owned an AR 15 that some family member kept and won't give to the gun to his mother. How do we go about getting that AR 15 from that person in colorado to Nevada. We don't know what to do. Any idea helps thank u. [email protected]
Tammy Gardner
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I recently moved from Michigan to Virginia and would like to know how and what do I have to do to transfer my permit to Virginia.
Cesar
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