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Learn how to properly conduct a person-to-person firearms sale in Virginia
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You have a gun you want to sell and someone has expressed interest. How do you sell that gun if you're not a federal firearms license (FFL) dealer? If you and your buyer live in the state of Virginia, they have to get a background check completed first. Once they're approved through the Virginia State Police, you're free to complete the transaction. Read on to learn everything you need to know about selling a gun yourself as an unlicensed person.
Things You Should Know
- If you want to privately sell a gun in Virginia, the person buying the gun must first get a background check through an FFL dealer.
- Use a private bill of sale form so you have a record of the transaction.
- Get Virginia State Police approval for private sales at gun shows.
- Call the Virginia State Police Firearm Transaction Center first if you plan to give someone a gun as a gift.
Steps
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Contact a local FFL dealer to facilitate your sale. This sounds similar to what you have to do if you want to sell your gun to someone who lives in another state, but it's not quite the same. The FFL dealer merely conducts the background check—they don't actually have anything to do with the sale. Just search your local area online or use a map app to find the best dealer for both you and the buyer. [1] X Research source
- Since Virginia passed a universal background check law in 2020, background checks are now required for all gun sales, including person-to-person or private sales. [2] X Research source
- For the sake of convenience, it's usually also best to go ahead and complete the sale immediately after the background check is approved—so look for an FFL dealer that works for both you and the buyer.
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Draft your own bill of sale for the firearm. A bill of sale creates an official record of the transaction and the transfer of ownership. While it's not legally required, it's still a good idea to write one up and keep it for your records just in case. There are lots of free forms online that you can download and use so you're not starting from scratch. [3] X Research source
- Send a copy of the bill of sale to your buyer before you go to the dealer to finalize the transaction. That way, you can be sure that you agree on the price and a method of payment in advance.
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Meet the buyer at the dealer's location with your firearm. [4] X Research source Bring a government-issued photo ID with you that includes your current address, and make sure the buyer does the same. The dealer will need to verify that you're both Virginia residents and include the information on the required background check forms. [5] X Research source
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Fill out the seller's portions of the Firearms Transaction Record. The Firearms Transaction Record is the ATF form that the FFL dealer requires you both to fill out. The first part requires information about the firearm you're selling. The final section requires you to provide identification information. [6] X Trustworthy Source U.S. Bureau of Alcohol, Tobacco, and Firearms U.S. federal law enforcement agency dealing with crimes related to firearms and alcohol and tobacco products Go to source
- If the dealer was making the sale, they would fill out the seller's portion. But since this is a private sale that the dealer has nothing to do with, you'll fill out that section yourself.
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Wait for the background check to come through. The dealer may use VCheck, Virginia's online system, or may call the 1-800 number. Either way, they'll typically find out within a few minutes if the transaction is approved. If additional information is required to approve the transaction, the dealer will discuss this with the buyer. [7] X Research source
- The dealer typically charges a fee to run the background check. The fee varies depending on the dealer but is usually less than $20. Make sure you and the buyer are on the same page about which one of you is paying the fee.
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Complete the transaction and transfer the firearm. As long as the transaction is approved, you're good to go! Get your copy of the bill of sale along with your money, then hand them the firearm. While the law doesn't require you to complete the transaction there at the dealer, it just makes sense to go ahead and do it there. [8] X Research source
- The dealer might instruct you to go to a private room, or even out in the parking lot, to complete the transaction once the background check is complete.
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Register as a vendor if you plan to sell multiple firearms. When you register as a vendor, you pay a fee to the gun show promoter to have a table at the event. You can use that table to display the firearms and other goods you have for sale as well as to complete transactions. [9] X Research source
- This isn't the same thing as becoming an FFL dealer—it just means you have a table at the event and can display the firearms and other goods you have for sale. You're still considered a private party for the purposes of a firearm transaction.
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Bring bill of sale forms to the sale that you can fill out. You can find pre-printed forms online or draft your own. Leave the information about the buyer and the firearm blank—you can fill that in for each transaction. [10] X Research source
- Having the forms ready to go saves you time at the gun show while also ensuring that you have a record of every transaction you complete there.
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Confirm through the State Police that your buyer can legally possess a firearm. The Virginia State Police are present at every gun show to verify buyers. At a gun show, it's the buyer's responsibility to get clearance from the State Police before they finalize a transaction with you. They'll have a form from the State Police certifying that they're clear to buy a gun from you. [11] X Research source
- If you're not a licensed dealer, you can only sell firearms at gun shows to fellow Virginia residents. [12] X Trustworthy Source U.S. Bureau of Alcohol, Tobacco, and Firearms U.S. federal law enforcement agency dealing with crimes related to firearms and alcohol and tobacco products Go to source
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Finalize the sale. Don't take money from a buyer for a firearm until they've been cleared by the State Police. Once they have the okay, fill out your bill of sale, take their money, and hand over the firearm. [13] X Trustworthy Source U.S. Bureau of Alcohol, Tobacco, and Firearms U.S. federal law enforcement agency dealing with crimes related to firearms and alcohol and tobacco products Go to source
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Get a gift card to an FFL dealer instead of a new firearm. This is always the safest way to go, and what the ATF recommends. With a gift card, the person can choose the gun that best suits them. And you can't be held liable at all if something goes sideways (or if it turns out the person can't legally possess a firearm). [14] X Research source
- This makes things much easier if you're thinking about buying a gun as a gift for someone who lives in another state. Just buy a gift card for a dealer that is local to them.
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Confirm the recipient can legally own a firearm. The background check law only applies to sales—your recipient doesn't need one if you're giving the gun to them as a gift. [15] X Research source But you can never transfer a firearm to someone you know isn't legally entitled to possess one—that's federal law. [16] X Research source
- Generally, the person you want to give a firearm to has to be over the age of 18 with a clean criminal record. If you have questions about whether they're legally allowed to possess a firearm, it's a good idea to give them a gift card to an FFL dealer instead.
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Give the firearm to the recipient directly if you're both Virginia residents. As long as you're certain the person can legally own a firearm, you're free to give one to them directly. [17] X Research source There's no background check required as long as you're giving the firearm away as a gift free and clear, not exchanging it for anything of value. [18] X Research source
- For example, if you're trading a gun to a family member in exchange for them doing some work around your house, that wouldn't qualify as a gift and your family member would need to get a background check.
- The Virginia State Police recommends calling the Firearms Transaction Center at (804) 674-2292 before you make the actual transfer. [19] X Research source This way, you can make sure your transfer follows all applicable federal and state laws.
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Conduct the transaction through an FFL dealer if you're from different states. If you want to give the gun to someone who lives in a different state, federal law comes into play. Even though no money is changing hands, you still have to go through an FFL dealer and the recipient has to pass a background check. [20] X Research source
Community Q&A
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QuestionCan a Virginia resident sell a handgun to an active-duty military person living in Maryland but with a North Carolina driver's license?This answer was written by one of our trained team of researchers who validated it for accuracy and comprehensiveness.wikiHow Staff EditorStaff AnswerYes, but you'd have to go through an FFL dealer. All private sales in Virginia require the buyer to complete a background check.
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QuestionAre there restrictions to buying multiple guns, or a combination of a handgun and a long gun?This answer was written by one of our trained team of researchers who validated it for accuracy and comprehensiveness.wikiHow Staff EditorStaff AnswerIt is illegal in Virginia to buy more than one handgun within 30 days. However, you can buy one handgun and a long gun, or multiple long guns. The handgun restriction doesn't apply to law enforcement and licensed private security employees, or to anyone who has a concealed handgun permit.
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QuestionIf you sell a gun that is in your name and the person you sold it to sells it before registering it in their name, what happens?This answer was written by one of our trained team of researchers who validated it for accuracy and comprehensiveness.wikiHow Staff EditorStaff AnswerNothing happens. There's no registration in Virginia, so the gun never was "in your name." Once you sell it to someone else, they're free to do whatever they want with it. Since there's no registration in Virginia, they would never have had any opportunity to "register" the gun in their name.
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Tips
- Contact the Virginia State Police Firearms Transaction Center at (804) 674-2292 if you have any questions about a firearms transaction. They'll help you ensure that your transaction follows all applicable state and federal laws. [21] X Research sourceThanks
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Warnings
References
- ↑ https://giffords.org/lawcenter/state-laws/universal-background-checks-in-virginia/
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:5/
- ↑ https://freeforms.com/bill-of-sale/va/virginia-firearm-gun-bill-of-sale-form/
- ↑ https://giffords.org/lawcenter/state-laws/universal-background-checks-in-virginia/
- ↑ https://townhall.virginia.gov/l/GetFile.cfm?File=C:\TownHall\docroot\GuidanceDocs\156\GDoc_VSP_6431_v3.pdf
- ↑ https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download
- ↑ https://townhall.virginia.gov/l/GetFile.cfm?File=C:\TownHall\docroot\GuidanceDocs\156\GDoc_VSP_6431_v3.pdf
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:5/
- ↑ https://sgkshows.com/vendor-info/
- ↑ https://freeforms.com/bill-of-sale/va/virginia-firearm-gun-bill-of-sale-form/
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:5/
- ↑ https://www.atf.gov/file/56651/download
- ↑ https://www.atf.gov/file/56651/download
- ↑ https://www.nrablog.com/articles/2016/4/buying-and-selling-a-firearm-giving-someone-a-gun/
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:5/
- ↑ https://www.nssf.org/articles/giving-a-firearm-as-a-gift-some-reminders-from-nssf/
- ↑ https://www.nrablog.com/articles/2016/4/buying-and-selling-a-firearm-giving-someone-a-gun/
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:5/
- ↑ https://vsp.virginia.gov/services/firearms/faq/
- ↑ https://www.nrablog.com/articles/2016/4/buying-and-selling-a-firearm-giving-someone-a-gun/
- ↑ https://vsp.virginia.gov/services/firearms/faq/
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:5/
- ↑ https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-11/
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