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State Requirements for Gun Transfers (All 50 States + DC, 2026)

Every firearm transfer in the United States sits at the intersection of two layers of law: federal rules that apply everywhere, and state rules that change the moment you cross a state line. The federal layer — the Gun Control Act of 1968 and the National Firearms Act — sets minimum ages, prohibits sales to certain classes of people, and requires a background check on every transfer that runs through a Federal Firearms Licensee. State law decides everything on top of that: whether you need a permit, whether a background check is required for a private sale, how long you wait between paperwork and possession, and what counts as a legitimate family transfer.

This page covers the state requirements for gun transfers in all 50 states and the District of Columbia. For each jurisdiction you’ll find the minimum age, background check rules, whether a permit-to-purchase or owner’s license is required, when an FFL has to be involved, the waiting period (if any), and the rules that apply to private and family transfers.

Gun Transfer is a service that helps private parties complete intrastate firearm transactions in compliance with their home state’s rules. We do not provide legal advice, and the summaries below are not a substitute for reading the statute or talking to a firearms attorney in your state. State legislatures change these rules constantly — Colorado, Michigan, New Mexico, Washington, and Vermont have all expanded background-check or waiting-period rules in the last two years — so always confirm the current rule before completing a transfer.

How to use this page:

  • Browse the comparison table below to see your state’s rules at a glance.
  • Click your state in the table of contents to jump to the deep dive.
  • Compare neighbors if you’re trying to figure out whether a transfer can cross state lines (short answer: a transfer between residents of different states must run through an FFL in the buyer’s state, under 18 U.S.C. § 922(a)(3) and § 922(a)(5)).
  • Bookmark this page. We update each section when a state’s law changes.

Below the table of contents you’ll find a section on federal rules that apply everywhere — the floor that every state builds on top of. After that, the state-by-state deep dives are alphabetical from Alabama through Wyoming, ending with the District of Columbia.


Table of Contents


Federal Rules That Apply Everywhere

Federal law sets the floor for every firearm transfer in the United States, regardless of state. Understanding the floor matters because nothing a state does can drop a requirement below it — only add on top.

Minimum age. Under 18 U.S.C. § 922(b)(1), a Federal Firearms Licensee may not sell or deliver a long gun (rifle or shotgun) to anyone under 18, or a handgun to anyone under 21. For private (non-FFL) transfers, the federal minimum for a long gun is 18 and for a handgun is technically governed by the buyer’s state of residence — but most states track the federal age floor and many require 21 for handgun possession or purchase.

The Bipartisan Safer Communities Act (BSCA). Signed in June 2022, the BSCA added an “enhanced review” period for buyers under 21. When a buyer under 21 attempts a purchase from an FFL, NICS now performs an additional check that can extend up to 10 business days while juvenile and mental-health records are reviewed.

Prohibited persons. 18 U.S.C. § 922(g) defines who may not ship, transport, possess, or receive a firearm. The categories include: convicted felons, fugitives from justice, unlawful drug users, persons adjudicated mentally defective or committed to a mental institution, illegal aliens, persons dishonorably discharged from the military, persons who have renounced US citizenship, persons subject to qualifying restraining orders, persons convicted of misdemeanor domestic violence offenses, and (under the BSCA) persons in dating relationships who have been convicted of qualifying misdemeanor domestic violence.

Knowingly transferring to a prohibited person. Under 18 U.S.C. § 922(d), it is a federal felony to sell or otherwise dispose of a firearm to anyone the transferor knows or has reasonable cause to believe is a prohibited person. This applies to every transferor, FFL or private, in every state.

Background checks. The Brady Handgun Violence Prevention Act of 1993 requires FFLs to run a NICS check on every transaction. Private transfers are not federally required to run NICS, although about 20 states require it via “universal background check” laws.

Interstate transfers. A firearm cannot be transferred between residents of different states except through an FFL in the buyer’s state. The seller ships to an FFL, the FFL receives the gun, runs the NICS check, and transfers it to the buyer. This is the single most common compliance error in private sales — a face-to-face sale between, say, an Arizona resident and a New Mexico resident is unlawful even if both parties agree to it.

National Firearms Act items. Suppressors, short-barreled rifles, short-barreled shotguns, machine guns (pre-1986 transferable only), and destructive devices are governed by the NFA. Transfers require ATF Form 4 (for civilian-to-civilian), payment of the $200 transfer tax, fingerprints, photographs, and chief law enforcement officer notification. Some states ban NFA items entirely; some restrict subcategories. NFA transfer to a legal heir on death is governed by ATF Form 5 and is tax-exempt.

Federal record-keeping. FFLs are required to maintain ATF Form 4473 for every transaction. Private transferors are not federally required to keep records but are well-advised to retain a bill of sale showing buyer ID, firearm serial number, and the date of transfer — both for liability protection and to document the transfer if the firearm is later used in a crime.

When in doubt, the ATF’s Federal Firearms Regulations Reference Guide and the BATFE FAQ are the definitive federal sources.


50-State Comparison Table

State Min Age (Handgun) Min Age (Long Gun) Permit to Purchase Universal BG Check Waiting Period Private Sale Allowed
Alabama 18 18 No No None Yes
Alaska 18 18 No No None Yes
Arizona 18 18 No No None Yes
Arkansas 18 18 No No None Yes
California 21 21 No (CA: FSC) Yes 10 days Through FFL only
Colorado 21 18 No Yes 3 days Through FFL only
Connecticut 21 18 Yes (handgun) Yes 14 days (no permit) Through FFL only
Delaware 21 18 No Yes None Through FFL only
Florida 21 18 No No 3 days Yes
Georgia 18 18 No No None Yes
Hawaii 21 18 Yes (all firearms) Yes 14 days Through chief of police
Idaho 18 18 No No None Yes
Illinois 21 18 FOID required Yes 72 hr handgun / 24 hr long gun Through FFL
Indiana 18 18 No No None Yes
Iowa 21 18 Repealed 2021 No None Yes
Kansas 18 18 No No None Yes
Kentucky 18 18 No No None Yes
Louisiana 18 18 No No None Yes
Maine 18 18 No No None Yes (BG check for ads/gun shows)
Maryland 21 18 Yes (handgun/regulated) Yes 7 days Through FFL
Massachusetts 21 18 LTC/FID required Yes License process Through FFL
Michigan 18 18 Yes (handgun) Yes (2024) None Through FFL
Minnesota 18 18 Permit-to-purchase or carry permit Yes (2023) 7 days (permit) Through FFL
Mississippi 18 18 No No None Yes
Missouri 18 18 No No None Yes
Montana 18 18 No No None Yes
Nebraska 18 18 Yes (handgun) Handgun only None Through permit
Nevada 21 18 No Yes (2019) None Through FFL
New Hampshire 18 18 No No None Yes
New Jersey 21 18 FID + handgun permit Yes 7 days Through FFL
New Mexico 19 18 No Yes (2019) 7 days (2024) Through FFL
New York 21 21 (long gun, 2022) Yes (handgun + semi-auto rifle) Yes License process Through FFL
North Carolina 18 18 Repealed 2023 No None Yes
North Dakota 18 18 No No None Yes
Ohio 21 18 No No None Yes
Oklahoma 18 18 No No None Yes
Oregon 21 18 Permit (Measure 114, litigation) Yes None Through FFL
Pennsylvania 21 18 No Yes (handgun) None Handgun through FFL
Rhode Island 21 18 Blue card (handgun) Yes 7 days Through FFL
South Carolina 18 18 No No None Yes
South Dakota 18 18 No No None Yes
Tennessee 18 18 No No None Yes
Texas 18 18 No No None Yes
Utah 18 18 No No None Yes
Vermont 21 18 No Yes (handgun) 72 hr (2024) Through FFL (handgun)
Virginia 21 18 No Yes (2020) None Through FFL
Washington 21 18 No Yes (2014) 10 days Through FFL
West Virginia 18 18 No No None Yes
Wisconsin 18 18 No No 48 hr (repealed 2015) Yes
Wyoming 18 18 No No None Yes
DC 21 21 Yes (registration) Yes 10 days Through FFL

State-by-State Deep Dive

Alabama

Alabama is one of the most permissive states for private firearm transfers. There is no state permit-to-purchase requirement, no waiting period, and no universal background check law. Federal NICS checks apply when buying from an FFL but not to private intrastate sales between Alabama residents.

  • Minimum age: 18 for both handgun and long gun (private sales). Federal law requires 21 for handgun purchase from an FFL.
  • Background check: Federal NICS via FFL only.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate transfers and for purchases from any dealer.
  • Waiting period: None.
  • Private sale rules: Permitted between Alabama residents without state-level paperwork. A bill of sale is strongly recommended.
  • Constitutional carry: Yes (effective January 1, 2023). Permits available for reciprocity.
  • Penalty for transfer to prohibited person: Class C felony under Ala. Code § 13A-11-72.

Primary source: Alabama Code Title 13A, Chapter 11 — Offenses Against Public Order and Safety. ATF Alabama state laws page.

Alaska

Alaska has minimal state-level regulation of firearm transfers beyond what federal law requires. Permitless carry has been in effect since 2003 and applies to anyone who can lawfully possess a firearm under federal law.

  • Minimum age: 18 for handgun and long gun in private sales.
  • Background check: Federal NICS via FFL only.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; not required for in-state private sales.
  • Waiting period: None.
  • Private sale rules: Allowed without state oversight. Federal § 922(d) still applies — knowingly selling to a prohibited person is a federal felony.
  • Constitutional carry: Yes.
  • Penalty for transfer to prohibited person: AS § 11.61.200 makes it a class C felony to sell or transfer a firearm to a person under a domestic-violence protective order or convicted of a qualifying felony.

Primary source: Alaska Statutes Title 11, Chapter 61. Alaska Department of Public Safety FFL guidance.

Arizona

Arizona law preempts most local regulation of firearms (A.R.S. § 13-3108) and does not add a layer above federal law for most private transfers.

  • Minimum age: 18 for both. Federal handgun-from-FFL rule (21) still applies.
  • Background check: Federal NICS via FFL only.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; not required for in-state private sales.
  • Waiting period: None.
  • Private sale rules: Allowed. A.R.S. § 13-3102(A)(5) makes it unlawful to transfer a firearm to a known prohibited person.
  • Constitutional carry: Yes (since 2010).
  • Penalty: Class 6 felony for transfer to a prohibited possessor.

Primary source: Arizona Revised Statutes Title 13, Chapter 31. Arizona Attorney General firearms FAQ.

Arkansas

Arkansas does not impose state-level requirements beyond federal law for most private firearm transfers between residents.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; not required for private intrastate transfers.
  • Waiting period: None.
  • Private sale rules: Allowed. Ark. Code § 5-73-132 prohibits transferring a firearm to a person whom the transferor knows is prohibited.
  • Constitutional carry: Yes (Arkansas AG opinion 2018 confirmed open carry; 2024 ruling expanded to permitless concealed).
  • Penalty: Class B felony for delivery to a prohibited person under Ark. Code § 5-73-132.

Primary source: Arkansas Code Title 5, Chapter 73.

California

California has among the most extensive state-level requirements in the country. Every transfer — private or commercial — must run through a California-licensed FFL, who performs the Dealer Record of Sale (DROS) and 10-day waiting period.

  • Minimum age: 21 for handgun purchase and for long-gun purchase (long-gun age raised to 21 in 2019).
  • Background check: Universal — every transfer through an FFL with DROS and NICS.
  • Permit to purchase: Firearm Safety Certificate (FSC) required for all firearm transfers. Handgun Safety Certificate phased out 2015.
  • FFL involvement: Required for every transfer, including private and family (with limited intrafamilial exceptions).
  • Waiting period: 10 days from DROS submission to pickup. No exceptions for CCW holders.
  • Private sale rules: Must run through an FFL acting as broker (private-party transfer or PPT). Fee capped by statute.
  • Family exception: Parent-to-child, grandparent-to-grandchild, and similar one-time intrafamilial transfers are exempt from the FFL requirement but require submission of a Report of Operation of Law within 30 days.
  • Roster requirement: Handguns must be on the California Approved Handgun Roster (with limited grandfathered exceptions).
  • Penalty: Misdemeanor or felony depending on circumstances under Cal. Penal Code §§ 27545, 28050.

Primary source: California Department of Justice Bureau of Firearms. Cal. Penal Code §§ 27500–28000.

Colorado

Colorado significantly expanded its firearm regulations in 2023–2024. A 3-day waiting period took effect October 2023 and the minimum handgun age was raised to 21.

  • Minimum age: 21 for handgun (HB 23-1219); 18 for long gun.
  • Background check: Universal — all transfers must run through an FFL who performs NICS.
  • Permit to purchase: None.
  • FFL involvement: Required for every transfer, with narrow exceptions for immediate family.
  • Waiting period: 3 days from the BG check submission.
  • Private sale rules: Through FFL.
  • Family exception: Transfers to immediate family (spouse, parent, child, sibling, grandparent, grandchild) are exempt from the universal BG check but the prohibited-person rule still applies.
  • Red flag law: Yes — ERPO statute.
  • Penalty: Class 1 misdemeanor for failing to use an FFL; Class 4 felony for transfer to a prohibited person under C.R.S. § 18-12-112.

Primary source: Colorado Bureau of Investigation InstaCheck Unit. C.R.S. Title 18, Article 12.

Connecticut

Connecticut requires a permit to purchase a handgun and applies universal background checks to all firearm transfers. The 2013 post-Newtown legislation (PA 13-3) tightened the system substantially.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — every transfer.
  • Permit to purchase: Required for handguns (Permit to Carry Pistol or Revolver, or Eligibility Certificate). For long guns, a Long Gun Eligibility Certificate is required.
  • FFL involvement: Required for transfers to non-permit-holders.
  • Waiting period: 14 days when buying without a permit; permit waiver if held.
  • Private sale rules: Through FFL or DESPP-authorized seller; both parties must hold valid permits/certificates.
  • Assault weapons: Pre-1994 registration required for grandfathered assault weapons; post-ban manufacture sale banned.
  • Penalty: Class D felony for transfer without going through proper process.

Primary source: Connecticut Department of Emergency Services and Public Protection (DESPP) Special Licensing and Firearms Unit. C.G.S. §§ 29-32 et seq.

Delaware

Delaware adopted universal background checks in 2013 and expanded in 2022. The minimum handgun purchase age was raised to 21 in 2022.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — required for all sales except immediate family.
  • Permit to purchase: None statewide (though some firearm categories require additional steps).
  • FFL involvement: Required for non-family transfers.
  • Waiting period: None at the state level (federal default applies during NICS).
  • Private sale rules: Through FFL; immediate family exempt.
  • Assault weapons: Sales of newly defined assault weapons banned (2022); pre-ban registration available.
  • Penalty: Class A misdemeanor for unlawful transfer under Del. Code Title 11 § 1448B.

Primary source: Delaware State Police Firearms Transaction Section. Delaware Code Title 11, Chapter 5.

Florida

Florida has a 3-day waiting period on handgun purchases at retail and requires a background check via the state-run FDLE clearinghouse. Private sales are otherwise unregulated at the state level.

  • Minimum age: 21 for handgun and long gun (long-gun age raised to 21 in 2018 after Parkland; subject to ongoing litigation).
  • Background check: State (FDLE) check via FFL.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; private intrastate sales legal between residents.
  • Waiting period: 3 days for handgun purchases at retail; some counties extend to long guns.
  • Private sale rules: Allowed. Counties may impose additional rules for gun shows under the 1998 constitutional amendment.
  • Red flag law: Yes — Risk Protection Order, 2018.
  • Penalty: Third-degree felony for sale to a prohibited person under Fla. Stat. § 790.065.

Primary source: Florida Department of Law Enforcement (FDLE) Firearm Purchase Program. Fla. Stat. Chapter 790.

Georgia

Georgia does not require a permit to purchase or impose a waiting period on firearm purchases. Universal background checks are not required.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; private intrastate legal.
  • Waiting period: None.
  • Private sale rules: Allowed. O.C.G.A. § 16-11-171 makes it unlawful to knowingly transfer to a prohibited person.
  • Constitutional carry: Yes (since April 2022).
  • Penalty: Felony for delivery to a prohibited person under O.C.G.A. § 16-11-171.

Primary source: Official Code of Georgia Annotated Title 16, Chapter 11.

Hawaii

Hawaii has the most rigorous permit-to-purchase regime in the country. Every firearm transfer requires a state permit and registration with the county chief of police.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — performed at permit issuance and at registration.
  • Permit to purchase: Required for every firearm. Handgun permit valid for one purchase, 10 days; long-gun permit valid for one year and multiple purchases.
  • FFL involvement: Required for interstate; private transfers must be registered with the chief of police of the county of residence within 5 days.
  • Waiting period: 14-day minimum for permit issuance.
  • Private sale rules: Permitted between Hawaii residents but require permit, registration, and chief-of-police involvement.
  • Penalty: Misdemeanor or felony depending on the violation; H.R.S. § 134-17 covers transfer offenses.

Primary source: Hawaii Revised Statutes Chapter 134. Honolulu Police Department Firearms Unit.

Idaho

Idaho is one of the most permissive states. There is no permit-to-purchase, no waiting period, and no universal background check.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; not required for private intrastate.
  • Waiting period: None.
  • Private sale rules: Allowed. Idaho Code § 18-3316 prohibits unlawful transfer.
  • Constitutional carry: Yes (since 2016, expanded 2020).
  • Penalty: Felony for delivery to a prohibited person.

Primary source: Idaho Code Title 18, Chapter 33. Idaho State Police firearms FAQ.

Illinois

Illinois requires a Firearm Owner’s Identification (FOID) card to possess any firearm and applies universal background checks. The Protect Illinois Communities Act (PICA) of 2023 banned the sale of newly defined assault weapons and large-capacity magazines.

  • Minimum age: 21 for handgun, 18 for long gun (FOID required for both).
  • Background check: Universal — buyer’s FOID must be verified by seller; private sales must use Illinois State Police’s online Person-to-Person Firearm Transfer system.
  • Permit to purchase: FOID required for all firearms and ammunition.
  • FFL involvement: Required for retail sales and for transfers between non-family members under PICA.
  • Waiting period: 72 hours for handgun, 24 hours for long gun.
  • Private sale rules: Buyer and seller both must hold valid FOID; transfer must be logged via ISP Firearm Transfer Inquiry Program.
  • Assault weapons: Sale and transfer banned (PICA); grandfathered registration required by Jan 1 2024.
  • Penalty: Class 4 felony for failing to verify FOID or register transfer.

Primary source: Illinois State Police FOID Card Office. 430 ILCS 65/3.

Indiana

Indiana adopted constitutional carry in 2022 and does not impose state-level transfer requirements beyond federal law for most private sales.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Required for interstate; not required for private intrastate.
  • Waiting period: None.
  • Private sale rules: Allowed. Ind. Code § 35-47-2-7 makes it a felony to sell to a prohibited person.
  • Constitutional carry: Yes (HEA 1296, 2022).
  • Penalty: Level 5 felony for transfer to a prohibited person.

Primary source: Indiana Code Title 35, Article 47.

Iowa

Iowa repealed its handgun permit-to-purchase requirement in July 2021 and adopted permitless carry. Private sales remain unregulated at the state level.

  • Minimum age: 21 for handgun (federal floor); 18 for long gun.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: Repealed 2021. A valid permit-to-acquire or carry permit may still be used in lieu of NICS at the dealer’s discretion.
  • FFL involvement: Required for interstate.
  • Waiting period: None.
  • Private sale rules: Allowed. Iowa Code § 724.16 prohibits transfer to a known prohibited person.
  • Penalty: Class D felony.

Primary source: Iowa Department of Public Safety. Iowa Code Chapter 724.

Kansas

Kansas adopted constitutional carry in 2015 and does not require a permit to purchase or impose a waiting period.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. K.S.A. § 21-6301 prohibits transfer to a prohibited person.
  • Constitutional carry: Yes (since 2015).
  • Penalty: Severity-level 9 felony.

Primary source: Kansas Statutes Annotated Chapter 21.

Kentucky

Kentucky has minimal state-level firearm transfer regulations beyond the federal floor.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. KRS § 527.040 prohibits transfer to a convicted felon.
  • Constitutional carry: Yes (since 2019).
  • Penalty: Class D felony for transfer to a convicted felon.

Primary source: Kentucky Revised Statutes Chapter 527.

Louisiana

Louisiana adopted permitless concealed carry effective July 4, 2024 and remains a permissive state for private transfers.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. La. R.S. 14:95.1 prohibits transfer to a convicted felon.
  • Constitutional carry: Yes (effective 2024).
  • Penalty: 5 to 20 years for transfer to a convicted felon.

Primary source: Louisiana Revised Statutes Title 14.

Maine

Maine does not require a permit to purchase, but a 2023 law added a 72-hour waiting period for advertised gun-show sales. Otherwise private sales remain lightly regulated.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL. Background check required on advertised private sales at gun shows and via classifieds (LD 2086, 2024).
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: 72 hours on certain advertised private sales (2024).
  • Private sale rules: Generally allowed; specific advertised sales now require BG check.
  • Red flag law: Yes — Yellow Flag protective order, 2019; updated 2024.
  • Penalty: Class D crime for unlawful transfer.

Primary source: Maine Revised Statutes Title 15 and Title 17-A.

Maryland

Maryland requires a Handgun Qualification License (HQL) for handgun purchase and applies universal background checks for handguns and “regulated firearms.”

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal for handguns and regulated firearms via Maryland State Police 77R application.
  • Permit to purchase: HQL required for handgun purchase; includes safety training and fingerprints.
  • FFL involvement: Required for retail; private sales of regulated firearms must run through dealer or state police.
  • Waiting period: 7 days from 77R submission.
  • Private sale rules: Through FFL or MSP barracks for regulated firearms.
  • Assault weapons: Sale of newly defined assault weapons banned; pre-ban grandfathered.
  • Penalty: Misdemeanor or felony under Md. Code Public Safety § 5-138.

Primary source: Maryland State Police Licensing Division. Md. Code Public Safety §§ 5-101 et seq.

Massachusetts

Massachusetts requires a license to carry (LTC) or firearm identification card (FID) to possess any firearm and applies universal background checks.

  • Minimum age: 21 for LTC (handgun); 15 for FID (long gun, with parental consent), 18 unrestricted.
  • Background check: Universal — at LTC/FID issuance and at each transfer.
  • Permit to purchase: LTC or FID required for possession and transfer.
  • FFL involvement: Required for retail; private sales must use the MA Firearms Records Bureau eFA-10 form.
  • Waiting period: No statutory waiting period beyond the LTC/FID process.
  • Private sale rules: Permitted between licensed individuals; must be recorded via eFA-10 within 7 days.
  • Roster requirement: Handguns must be on the EOPSS roster.
  • Penalty: Mandatory 18 months for unlawful possession; felony for transfer offenses.

Primary source: Massachusetts EOPSS Firearms Records Bureau. M.G.L. c. 140 §§ 121-131.

Michigan

Michigan adopted universal background checks and safe-storage laws in 2023, expanding what had been a handgun-only permit requirement.

  • Minimum age: 18 for both (handgun-from-FFL federal floor 21).
  • Background check: Universal — required for all firearm transfers (2024).
  • Permit to purchase: Required for handgun purchase. Buyer must obtain a “license to purchase” from local law enforcement or have a valid CPL.
  • FFL involvement: Required for retail; private transfers must use a Pistol Sales Record (RI-060) for handguns and follow the new universal BG check process for long guns.
  • Waiting period: None at state level beyond the BG check completion.
  • Private sale rules: Through FFL or with required documentation; specific intrafamilial exceptions exist.
  • Red flag law: Yes — Extreme Risk Protection Order (2024).
  • Penalty: Felony for transfer to a prohibited person; misdemeanor for procedural violations.

Primary source: Michigan State Police Firearms Records Unit. MCL §§ 28.421 et seq.

Minnesota

Minnesota requires a permit to purchase or a carry permit to transfer pistols and semi-automatic military-style assault weapons. Universal background checks expanded in 2023.

  • Minimum age: 18 for both.
  • Background check: Universal — required for all firearm transfers (effective Aug 1, 2023).
  • Permit to purchase: Required for handguns and “assault weapons” — either a permit-to-purchase from local police or a permit-to-carry.
  • FFL involvement: Required for retail; private transfers must go through FFL or with valid permit.
  • Waiting period: 7-day waiting period for permit issuance.
  • Private sale rules: Through FFL or permit-holder-to-permit-holder with documentation.
  • Red flag law: Yes — Extreme Risk Protection Order (2023).
  • Penalty: Gross misdemeanor or felony depending on the offense under Minn. Stat. § 624.7141.

Primary source: Minnesota Bureau of Criminal Apprehension. Minn. Stat. Chapter 624.

Mississippi

Mississippi maintains a permissive firearms regulatory framework with no permit-to-purchase or waiting period.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. Miss. Code § 97-37-13 prohibits transfer to a felon.
  • Constitutional carry: Yes (since 2016).
  • Penalty: Felony for transfer to a convicted felon.

Primary source: Mississippi Code Title 97, Chapter 37.

Missouri

Missouri does not require a permit to purchase or a waiting period and adopted permitless carry in 2017.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. RSMo § 571.060 prohibits unlawful transfer.
  • Constitutional carry: Yes (since January 2017).
  • Penalty: Class D felony for transfer to a prohibited person.

Primary source: Missouri Revised Statutes Chapter 571.

Montana

Montana is one of the most permissive states. The state has explicitly preempted most local firearms regulation and adopted permitless concealed carry.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. MCA § 45-8-314 prohibits transfer to a convicted felon.
  • Constitutional carry: Yes (since 2021).
  • Penalty: Felony for transfer to a felon under § 45-8-314.

Primary source: Montana Code Annotated Title 45.

Nebraska

Nebraska requires a handgun purchase permit but does not require a permit for long guns. Permitless concealed carry was adopted in 2023.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: State-issued purchase permit serves as background check for handgun; long gun is federal NICS only.
  • Permit to purchase: Required for handguns — issued by county sheriff after a state background check.
  • FFL involvement: Required for retail; private handgun transfers require buyer to present valid purchase permit.
  • Waiting period: None beyond permit issuance time (typically 3 business days).
  • Private sale rules: Long-gun unrestricted; handgun requires permit on both sides.
  • Constitutional carry: Yes (effective September 2023).
  • Penalty: Class IV felony for unlawful transfer.

Primary source: Nebraska Revised Statutes § 69-2401 et seq.

Nevada

Nevada adopted universal background checks via ballot measure in 2016. Implementation went into effect 2019.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — required for all firearm sales except immediate family and law enforcement.
  • Permit to purchase: None.
  • FFL involvement: Required for all sales between non-family Nevada residents.
  • Waiting period: None at state level.
  • Private sale rules: Through FFL except immediate family.
  • Red flag law: Yes — High-Risk Protective Order (2019).
  • Penalty: Gross misdemeanor for first offense, felony for second under NRS § 202.254.

Primary source: Nevada Department of Public Safety. NRS Chapter 202.

New Hampshire

New Hampshire does not require a permit to purchase or a waiting period and adopted permitless concealed carry in 2017.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. RSA 159:7 prohibits transfer to a convicted felon.
  • Constitutional carry: Yes (since 2017).
  • Penalty: Class B felony for transfer to a prohibited person.

Primary source: New Hampshire Revised Statutes Chapter 159.

New Jersey

New Jersey has among the most stringent firearm regulations in the country. A Firearms Purchaser Identification Card (FID) is required to possess any firearm; a Permit to Purchase a Handgun is required for each handgun.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — performed at FID/permit issuance.
  • Permit to purchase: FID for long guns (lifetime); separate permit for each handgun purchase.
  • FFL involvement: Required for retail; private transfers must use FFL or NJSP Firearms Investigation Unit.
  • Waiting period: 7 days for handgun permit issuance.
  • Private sale rules: Through FFL or with documentation; both parties must hold valid permits.
  • Assault weapons: Banned; pre-ban registration available.
  • Magazine limits: 10 rounds.
  • Penalty: 3rd-degree crime for unlawful disposition under N.J.S.A. 2C:39-9.

Primary source: New Jersey State Police Firearms Investigation Unit. N.J.S.A. Title 2C, Chapter 39 and Chapter 58.

New Mexico

New Mexico adopted universal background checks in 2019 and a 7-day waiting period in 2024.

  • Minimum age: 19 for handgun (state-specific); 18 for long gun.
  • Background check: Universal — required for all firearm sales except immediate family.
  • Permit to purchase: None.
  • FFL involvement: Required for sales between non-family New Mexico residents.
  • Waiting period: 7 days from purchase completion to transfer (HB 129, 2024).
  • Private sale rules: Through FFL except immediate family.
  • Red flag law: Yes — Extreme Risk Firearm Protection Order Act, 2020.
  • Penalty: Misdemeanor for first offense, fourth-degree felony for subsequent.

Primary source: New Mexico Department of Public Safety. NMSA Chapter 30, Article 7.

New York

New York has one of the most extensive firearms regulatory frameworks in the country, including the NY SAFE Act of 2013 and the Concealed Carry Improvement Act of 2022.

  • Minimum age: 21 for handgun; 21 for semi-automatic rifle (raised from 18 in 2022).
  • Background check: Universal — required for all firearm sales except immediate family.
  • Permit to purchase: License required for handguns and now semi-automatic rifles. Process includes references, interview, fingerprints, and training.
  • FFL involvement: Required for retail and most private sales.
  • Waiting period: None statutory beyond license processing time (typically months).
  • Private sale rules: Through FFL; transfers between certain immediate family exempt.
  • Assault weapons: Banned (post-1994); registration required for grandfathered.
  • Red flag law: Yes — Extreme Risk Protection Order, 2019.
  • Penalty: Class A misdemeanor or felony depending on offense under NY Penal Law § 265.10.

Primary source: NY State Police Pistol Permit Bureau. NY Penal Law Article 265.

North Carolina

North Carolina repealed its long-standing pistol purchase permit in March 2023. Universal background checks were not adopted.

  • Minimum age: 18 for both (federal FFL handgun rule still 21).
  • Background check: Federal NICS via FFL.
  • Permit to purchase: Repealed March 2023 (Pistol Purchase Permit). CHP still issued for carry purposes.
  • FFL involvement: Required for retail.
  • Waiting period: None.
  • Private sale rules: Allowed without state-level permit or check.
  • Penalty: Class H felony for transfer to a prohibited person under N.C.G.S. § 14-415.1.

Primary source: North Carolina State Bureau of Investigation. N.C.G.S. Chapter 14.

North Dakota

North Dakota is a permissive state with constitutional carry and no permit-to-purchase or waiting period.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. N.D.C.C. § 62.1-02-01 prohibits unlawful transfer.
  • Constitutional carry: Yes (since 2017 for residents).
  • Penalty: Class C felony for transfer to a prohibited person.

Primary source: North Dakota Century Code Title 62.1.

Ohio

Ohio adopted constitutional concealed carry in 2022 and maintains a permissive firearms framework.

  • Minimum age: 21 for handgun (federal FFL rule); 18 for long gun.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. ORC § 2923.20 prohibits unlawful transfer.
  • Constitutional carry: Yes (effective June 2022).
  • Penalty: Felony of the third degree for transfer to a prohibited person.

Primary source: Ohio Attorney General firearms FAQ. ORC Chapter 2923.

Oklahoma

Oklahoma is a permissive state with constitutional carry (since 2019) and no state-level permit or waiting period.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. 21 O.S. § 1289.10 prohibits unlawful transfer.
  • Constitutional carry: Yes (since November 2019).
  • Penalty: Felony for transfer to a prohibited person.

Primary source: Oklahoma State Bureau of Investigation. 21 O.S. Chapter 53.

Oregon

Oregon voters approved Measure 114 in 2022, which imposed a permit-to-purchase, universal background check, and magazine restriction. The measure is in active litigation as of 2026.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — every firearm transfer (M114, subject to ongoing litigation).
  • Permit to purchase: Required under M114 (subject to litigation hold in some counties); includes training and fingerprints.
  • FFL involvement: Required for sales between non-family Oregon residents.
  • Waiting period: Effectively the permit issuance window.
  • Private sale rules: Through FFL except immediate family.
  • Magazine limit: 10 rounds (M114, in litigation).
  • Red flag law: Yes — ERPO, 2017.
  • Penalty: Class A misdemeanor for unlawful transfer.

Primary source: Oregon State Police Firearms Instant Check System. ORS Chapter 166.

Pennsylvania

Pennsylvania applies the Pennsylvania Instant Check System (PICS) and requires that handgun sales between private parties run through an FFL or county sheriff’s office.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal for handguns via PICS (state-run); federal NICS for long guns via FFL.
  • Permit to purchase: None (License to Carry is separate).
  • FFL involvement: Required for handgun private sales; long-gun private sales unregulated at state level.
  • Waiting period: None statutorily; effectively PICS turnaround.
  • Private sale rules: Handgun through FFL or sheriff; long gun unregulated.
  • Penalty: Misdemeanor of the third degree for unlawful sale under 18 Pa.C.S. § 6111.

Primary source: Pennsylvania State Police PICS Unit. 18 Pa.C.S. Chapter 61.

Rhode Island

Rhode Island requires a Blue Card (basic safety) for handgun purchase and applies universal background checks.

  • Minimum age: 21 for handgun; 18 for long gun.
  • Background check: Universal — through state-run NICS portal via dealer.
  • Permit to purchase: Blue Card (one-time safety certificate) for handguns. Long-gun safety module also required (R.I. Gen. Laws § 11-47-35).
  • FFL involvement: Required for retail and for most private sales.
  • Waiting period: 7 days for all firearms.
  • Private sale rules: Through FFL; certain intrafamilial transfers exempt.
  • Magazine limit: 10 rounds (2022).
  • Penalty: Felony for unlawful transfer under R.I. Gen. Laws § 11-47-35.

Primary source: Rhode Island Attorney General Firearms. R.I. Gen. Laws Title 11, Chapter 47.

South Carolina

South Carolina adopted permitless concealed carry in March 2024 and remains permissive on private sales.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. S.C. Code § 16-23-30 prohibits unlawful transfer.
  • Constitutional carry: Yes (effective March 2024).
  • Penalty: Felony for transfer to a prohibited person.

Primary source: South Carolina Law Enforcement Division (SLED). S.C. Code Title 16, Chapter 23.

South Dakota

South Dakota is a permissive state with constitutional carry and no permit-to-purchase or waiting period.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. SDCL § 22-14-15 prohibits unlawful transfer.
  • Constitutional carry: Yes (since 2019).
  • Penalty: Class 6 felony for transfer to a prohibited person.

Primary source: South Dakota Codified Laws Title 22, Chapter 14.

Tennessee

Tennessee adopted permitless concealed carry for handguns in 2021 (expanded 2024 to include long guns and persons 18+).

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. T.C.A. § 39-17-1316 prohibits unlawful transfer.
  • Constitutional carry: Yes (2021, expanded 2024).
  • Penalty: Class E felony for transfer to a prohibited person.

Primary source: Tennessee Bureau of Investigation. T.C.A. Title 39, Chapter 17.

Texas

Texas has no permit-to-purchase, no universal background check, and adopted permitless concealed carry in 2021.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. Tex. Penal Code § 46.06 prohibits unlawful transfer.
  • Constitutional carry: Yes (since September 2021).
  • Penalty: Class A misdemeanor for transfer to a prohibited person; felony if firearm used in a felony.

Primary source: Texas Department of Public Safety Handgun Licensing. Tex. Penal Code Chapter 46.

Utah

Utah adopted permitless concealed carry in 2021 and maintains a permissive framework for private transfers.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. Utah Code § 76-10-503 prohibits unlawful transfer.
  • Constitutional carry: Yes (since May 2021).
  • Penalty: Third-degree felony for transfer to a prohibited person.

Primary source: Utah Bureau of Criminal Identification. Utah Code Title 76, Chapter 10.

Vermont

Vermont adopted background checks for private handgun sales in 2018 (Act 94) and a 72-hour waiting period for handguns in 2024 (Act 14).

  • Minimum age: 21 for handgun (raised 2018); 18 for long gun (with safety course exception).
  • Background check: Required for private handgun sales through an FFL; long-gun private sales unregulated.
  • Permit to purchase: None.
  • FFL involvement: Required for handgun private sales.
  • Waiting period: 72 hours for handgun purchases (Act 14, effective 2024).
  • Private sale rules: Handgun through FFL; long gun unregulated.
  • Magazine limit: 10 rounds (long gun) / 15 rounds (handgun).
  • Red flag law: Yes — Extreme Risk Protection Order, 2018.
  • Penalty: Misdemeanor for first offense under 13 V.S.A. § 4019.

Primary source: Vermont Department of Public Safety. 13 V.S.A. Chapter 85.

Virginia

Virginia adopted universal background checks in 2020 and tightened multiple firearm regulations between 2020 and 2024.

  • Minimum age: 21 for handgun (federal FFL rule); 18 for long gun.
  • Background check: Universal — required for all firearm sales except immediate family.
  • Permit to purchase: None (concealed handgun permit separate).
  • FFL involvement: Required for sales between non-family Virginia residents.
  • Waiting period: None at state level.
  • Private sale rules: Through FFL except immediate family.
  • Red flag law: Yes — Substantial Risk Order, 2020.
  • One-handgun-a-month: Re-enacted 2020.
  • Penalty: Class 1 misdemeanor for unlawful private sale under Va. Code § 18.2-308.2:5.

Primary source: Virginia State Police Firearms Transaction Center. Va. Code Title 18.2.

Washington

Washington adopted universal background checks via Initiative 594 in 2014 and a 10-day waiting period via I-1639 in 2018 (long guns) and HB 1240 in 2023 (broader assault weapon ban).

  • Minimum age: 21 for handgun and semi-automatic rifle.
  • Background check: Universal — required for all firearm sales except immediate family.
  • Permit to purchase: None at state level.
  • FFL involvement: Required for all non-family transfers.
  • Waiting period: 10 days from FFL submission.
  • Private sale rules: Through FFL except immediate family.
  • Assault weapons: Sale and import banned (HB 1240, 2023); pre-ban registration not required.
  • Red flag law: Yes — Extreme Risk Protection Order, 2016.
  • Penalty: Gross misdemeanor for first offense, Class C felony for subsequent under RCW 9.41.113.

Primary source: Washington State Patrol Firearms Background Check Program. RCW Title 9, Chapter 9.41.

West Virginia

West Virginia adopted constitutional carry in 2016 and maintains a permissive framework for private transfers.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. W.Va. Code § 61-7-7 prohibits unlawful transfer.
  • Constitutional carry: Yes (since May 2016).
  • Penalty: Felony for transfer to a prohibited person.

Primary source: West Virginia State Police. W.Va. Code Chapter 61, Article 7.

Wisconsin

Wisconsin maintains a 48-hour waiting period for handgun purchases through dealers via the state Firearms Information Inquiry System, though the original 48-hour rule was repealed in 2015 for some purposes.

  • Minimum age: 21 for handgun (federal FFL rule); 18 for long gun.
  • Background check: Wisconsin Department of Justice handgun-purchase check via FFL.
  • Permit to purchase: None (CCW separate).
  • FFL involvement: Required for retail.
  • Waiting period: None as of 2015 statutory repeal for handgun purchases.
  • Private sale rules: Allowed. Wis. Stat. § 941.29 prohibits unlawful possession or transfer.
  • Penalty: Class G felony for transfer to a prohibited person.

Primary source: Wisconsin Department of Justice. Wis. Stat. Chapter 941.

Wyoming

Wyoming maintains a permissive framework and adopted constitutional carry for state residents in 2011 and for all permitless carry in 2023.

  • Minimum age: 18 for both.
  • Background check: Federal NICS via FFL.
  • Permit to purchase: None.
  • FFL involvement: Interstate only.
  • Waiting period: None.
  • Private sale rules: Allowed. Wyo. Stat. § 6-8-102 prohibits unlawful transfer.
  • Constitutional carry: Yes (2011 residents; 2023 nonresidents).
  • Penalty: Felony for transfer to a prohibited person.

Primary source: Wyoming Statutes Title 6, Chapter 8.

District of Columbia

The District of Columbia has the most stringent firearm regulations of any U.S. jurisdiction. All firearms must be registered with the Metropolitan Police Department’s Firearms Registration Section.

  • Minimum age: 21 for both.
  • Background check: Universal — at registration and at each transfer.
  • Permit to purchase: Registration required for every firearm. Process includes safety training, vision test, fingerprints, and approval by MPD.
  • FFL involvement: Required. DC has one FFL (Charles Sykes) for all transfers.
  • Waiting period: 10 days from application to issuance.
  • Private sale rules: Through the single DC FFL or via MPD direct registration.
  • Assault weapons: Banned.
  • Magazine limit: 10 rounds.
  • Penalty: Misdemeanor or felony under D.C. Code § 7-2502.

Primary source: DC Metropolitan Police Firearms Registration Section. D.C. Code Title 7, Subtitle J.


Frequently Asked Questions

Do I need a federal firearms license (FFL) for a private gun sale?

It depends on the type of sale and the parties involved. For intrastate private sales between two residents of the same state, federal law does not require an FFL. However, the seller must not knowingly transfer to a prohibited person (18 U.S.C. § 922(d)), and many states now require all private sales to run through an FFL via “universal background check” laws (California, Colorado, Washington, Oregon, Nevada, New Mexico, New York, New Jersey, Illinois, Michigan, Minnesota, Maryland, Massachusetts, Hawaii, Connecticut, Delaware, Rhode Island, Virginia, and the District of Columbia, among others). Interstate transfers between residents of different states must always run through an FFL in the buyer’s state.

What is a universal background check?

A universal background check is a state law that requires a NICS background check on every firearm transfer, including private sales — not just sales by federally licensed dealers. About 20 states and DC currently have some form of universal background check, though some apply only to handguns. The practical effect is that private buyers and sellers in those states must complete the transfer through an FFL, who acts as a broker and runs the NICS check.

How old do you have to be to buy a gun in the United States?

Federal law sets the minimum age to purchase from an FFL at 21 for handguns and 18 for long guns. Private intrastate sales follow state law, which generally tracks the federal age but varies. California and Florida have raised the minimum age to 21 for long guns at retail. The federal Bipartisan Safer Communities Act of 2022 added an enhanced NICS review for purchasers under 21.

Can I transfer a firearm to a family member without an FFL?

In most states, yes. Even states with universal background check laws typically carve out an exception for transfers between immediate family members (spouse, parent, child, sibling, grandparent, and grandchild are the most common categories). California, Colorado, Nevada, Virginia, Michigan, and others include intrafamilial exceptions. However, you must still comply with federal age and prohibited-person rules, and the firearm must remain in the same state.

What is the waiting period to buy a gun?

Waiting periods vary by state. California (10 days), Washington (10 days), Hawaii (14 days), New Jersey (7 days), Maryland (7 days), Rhode Island (7 days), Colorado (3 days), New Mexico (7 days), Florida (3 days for handguns), Illinois (24-72 hours), and the District of Columbia (10 days) all impose statutory waiting periods. Most permissive states have none beyond the time it takes NICS to complete a check.

What happens if I sell a gun to someone who turns out to be a prohibited person?

If you knew or had reasonable cause to believe the buyer was prohibited under 18 U.S.C. § 922(g), you have committed a federal felony under 18 U.S.C. § 922(d), punishable by up to 10 years in prison and a $250,000 fine. Even if you did not know, you can face state-level liability. This is the single largest reason to either complete a transfer through an FFL or carefully verify the buyer’s identity and ask whether they are prohibited under any of the § 922(g) categories.

Can I sell a gun to someone in another state?

Not directly. Under 18 U.S.C. § 922(a)(3) and § 922(a)(5), it is unlawful for any person who is not licensed as a dealer to transfer a firearm to a resident of a different state. The lawful path is to ship the firearm to a Federal Firearms Licensee in the buyer’s state, who will receive it, run the NICS check, and transfer it to the buyer. This applies to handguns and long guns, with very narrow exceptions for inheritance and certain temporary loans.

What documentation should a private gun sale include?

A complete bill of sale should include: the seller’s full name and current address; the buyer’s full name, current address, and government-issued ID number; the make, model, caliber, and serial number of the firearm; the date and location of the sale; the agreed price; and signatures of both parties. Some states require additional documentation. Even where not required, the seller benefits from being able to document the transfer if the firearm is later used in a crime or recovered by law enforcement.

Are bill of sale requirements the same in every state?

No. Some states (Hawaii, Massachusetts, New Jersey, New York, Maryland) require formal recording of every private transfer with state authorities. Others (California, Colorado, Washington) require the transfer to run through an FFL who maintains the record. Most permissive states do not require a bill of sale, but every private seller is well-advised to keep one.

What is an NFA item and how is it transferred?

NFA items — suppressors, short-barreled rifles, short-barreled shotguns, machine guns (pre-1986 transferable only), destructive devices, and AOWs — are governed by the National Firearms Act and require transfer via ATF Form 4 with a $200 tax (Form 5 for AOWs at $5, or Form 5 for tax-exempt heir transfers). The transfer requires fingerprints, photographs, CLEO notification, and ATF approval, which currently takes 2 to 10 months depending on the form and the entity holding the item.

Where can I find official state firearm transfer requirements?

Each state’s Department of Public Safety, State Police, or Attorney General’s Office publishes the official state-level firearm transfer requirements. Federal requirements are published by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and codified at 18 U.S.C. Chapter 44 and 27 C.F.R. Part 478. The Giffords Law Center and the Crime Prevention Research Center both maintain regularly updated 50-state comparisons.



Last updated: May 29, 2026. State laws change frequently. This page summarizes information believed to be accurate as of the update date and is not a substitute for legal advice. Verify the current statute or contact a firearms attorney in your state before completing any transfer.