California
- Background check required
- Yes
- Scope
- All firearms
Compliance Guide
State-by-State Firearm Transfer Law Guide
Does a private, person-to-person gun sale require a background check? In plain language: only in some states. A minority of states route private transfers through a licensed dealer or a permit system so the buyer is screened, sometimes for all firearms and sometimes only for handguns. In most states, no state-level check is required at all — though federal prohibited-person law applies everywhere, always.
What that means for you as a buyer or seller: a background check screens the person, not the property. Even where a check is mandatory, nothing in that process tells you whether the serial number in front of you was reported stolen by its owner. That part is on you — and it takes seconds.
Meeting a private seller? Install the free SafeOrStolen web app from safeorstolen.com/app and check the serial from your phone before you pay.
Private-party sales
Covers transfers between individuals — not sales by a licensed dealer, which are always checked.
Scope and exemptions
Some states cover all firearms, some only handguns, and several exempt immediate-family transfers.
Federal law always applies
Where no state check is required, federal prohibited-person law still governs every transfer.
States That Require a Background Check on Private Sales
These jurisdictions require a background check on at least some private-party firearm transfers. Scope and exemptions differ — read the note on each.
Colorado
- Background check required
- Yes
- Scope
- All firearms; immediate-family transfers exempt
Connecticut
- Background check required
- Yes
- Scope
- Handguns since 1995, expanded in 2013; family exemptions apply
Delaware
- Background check required
- Yes
- Scope
- All firearms
Hawaii
- Background check required
- Yes
- Scope
- All firearms, through a permit-to-acquire system
Illinois
- Background check required
- Yes
- Scope
- All transfers, through the FOID system
Maryland
- Background check required
- Yes
- Scope
- Regulated firearms only; long guns exempt
Massachusetts
- Background check required
- Yes
- Scope
- All firearms; both parties need valid permits
Nevada
- Background check required
- Yes
- Scope
- All firearms; immediate-family transfers exempt
New Jersey
- Background check required
- Yes
- Scope
- All firearms; family exemptions apply
New York
- Background check required
- Yes
- Scope
- All firearms; narrow family exemptions
Oregon
- Background check required
- Yes
- Scope
- All firearms; immediate-family transfers exempt
Pennsylvania
- Background check required
- Yes
- Scope
- Handguns only; long guns unregulated
Rhode Island
- Background check required
- Yes
- Scope
- All firearms
Vermont
- Background check required
- Yes
- Scope
- All firearms; immediate-family transfers exempt
Washington
- Background check required
- Yes
- Scope
- All firearms
District of Columbia
- Background check required
- Yes
- Scope
- All transfers
States With No Private-Sale Background Check Requirement
State law in these states does not mandate a background check on private-party firearm sales. Federal prohibited-person law still applies to every transfer, and buying or possessing a stolen firearm remains a federal offense.
Alabama
Alaska
Arizona
Arkansas
Florida
Georgia
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Mississippi
Missouri
Montana
Nebraska
New Hampshire
North Carolina
North Dakota
Ohio
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
West Virginia
Wisconsin
Wyoming
Frequently Asked Questions
Does my state require a background check on a private gun sale?
It depends entirely on the state. Seventeen jurisdictions listed on this page — California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia — require a background check on at least some private-party firearm transfers, usually by routing the sale through a licensed dealer or a permit system. Thirty other states listed here do not mandate one under state law. Either way, federal law still prohibits transferring a firearm to someone you know or have reason to believe is a prohibited person, and buying a stolen firearm is a federal offense regardless of where you live. A background check also does not tell you whether the gun itself was reported stolen. SafeOrStolen checks a firearm serial number against community-reported stolen-firearm records and returns a result in about 3 seconds — 2 free checks, then $0.99 per check or $10/month unlimited.
What does a background check on a private sale actually cover?
A background check screens the buyer, not the item. It looks at whether the person receiving the firearm is legally allowed to possess one. It does not search whether the specific serial number in front of you was reported stolen by its owner. Those are two different questions, and passing one says nothing about the other. That is why buyers in every state — including the states that require a check — should run the serial number separately before money changes hands. SafeOrStolen checks firearm serials alongside phones, vehicles, license plates, serialized electronics, and bicycles, and the free installable web app at safeorstolen.com/app lets you do it from your phone at the point of sale.
Do family transfers count as private sales?
Several of the states that require checks carve out immediate-family transfers, including Colorado, Nevada, Oregon, and Vermont, while Connecticut, New Jersey, and New York apply their own family exemptions of differing breadth. The definition of "immediate family" is set by each state and is not uniform, so a transfer that is exempt in one state may not be in another. Because exemption language changes and this page is general information rather than legal advice, confirm the current rule with your state before relying on an exemption. Verifying the serial number is still worth doing even for a family transfer, particularly for a firearm with unclear history.
If my state does not require a background check, is a private sale unregulated?
No. In the thirty states listed here as not requiring a state-level check, federal prohibited-person law still applies to every transfer. It remains unlawful to sell a firearm to someone you know or have reasonable cause to believe cannot legally possess one, and possessing or trafficking a stolen firearm is a federal offense. What is absent is a mandatory state screening step, which means the buyer and seller carry more of the diligence themselves: a written bill of sale, identification, and an independent check of the serial number. SafeOrStolen returns a result in about 3 seconds and gives you a dated record of the check.
Disclaimer
This page is general informational content, not legal advice. It is current as of its publish date, September 10, 2026, and firearm transfer laws, exemptions, and permit systems change. Only the states listed above are covered here; a state's absence from this page means we did not have confirmed current information for it, not that any particular rule applies there. Verify current requirements with your state's authorities, or with a licensed attorney or licensed firearms dealer, before completing any transaction.
Related guides
See also the state-by-state pawnshop & secondhand dealer law guide and the firearm serial number check.
Check the serial yourself — it takes 3 seconds
2 free checks, then $0.99 per check or $10/month unlimited. Phones, vehicles, plates, serials, firearms, and bicycles.