State Firearm Transfer Laws by State | SafeOrStolen

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Gun sale laws

State Firearm Transfer Laws: Private Sale Background Checks

Whether a private gun sale needs a background check depends on the state. 17 jurisdictions on this page require one for at least some private sales, usually by running the transfer through a licensed dealer or a permit system. The 30 other states listed don't. In every state, federal law bars selling to someone you know or have reason to believe is prohibited, and a sale to a resident of another state has to go through a dealer.

One thing no background check does: tell you whether the gun was reported stolen. It screens the buyer, not the serial number. Check the serial yourself before money changes hands.

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Updated October 7, 2026. State list published September 10, 2026.

Private sales only

This page is about sales between two people. When you buy from a licensed dealer, the dealer always runs a background check.

Scope differs

Some states cover every gun, some only handguns, and several exempt transfers between close family.

Federal rules everywhere

No sales to prohibited people, no direct sales across state lines, and no guns with altered serials, under 18 U.S.C. § 922(k).

States that require a background check on private sales

In these 17 jurisdictions, at least some private sales need a background check. Read the scope on each: some cover only handguns, and family exemptions differ.

California

Background check on private sales: Required
Scope: All firearms

Colorado

Background check on private sales: Required
Scope: All firearms; immediate-family transfers exempt

Connecticut

Background check on private sales: Required
Scope: Handguns since 1995, expanded in 2013; family exemptions apply

Delaware

Background check on private sales: Required
Scope: All firearms

Hawaii

Background check on private sales: Required
Scope: All firearms, through a permit-to-acquire system

Illinois

Background check on private sales: Required
Scope: All transfers, through the FOID system

Maryland

Background check on private sales: Required
Scope: Regulated firearms only; long guns exempt

Massachusetts

Background check on private sales: Required
Scope: All firearms; both parties need valid permits

Nevada

Background check on private sales: Required
Scope: All firearms; immediate-family transfers exempt

New Jersey

Background check on private sales: Required
Scope: All firearms; family exemptions apply

New York

Background check on private sales: Required
Scope: All firearms; narrow family exemptions

Oregon

Background check on private sales: Required
Scope: All firearms; immediate-family transfers exempt

Pennsylvania

Background check on private sales: Required
Scope: Handguns only; long guns unregulated

Rhode Island

Background check on private sales: Required
Scope: All firearms

Vermont

Background check on private sales: Required
Scope: All firearms; immediate-family transfers exempt

Washington

Background check on private sales: Required
Scope: All firearms

District of Columbia

Background check on private sales: Required
Scope: All transfers

States with no private-sale background check requirement

State law in these 30 states doesn't require a background check on a sale between two residents. Federal law still applies to every sale, and the buyer and seller carry the checking themselves: ID, proof of residence, a bill of sale and a serial check.

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

A private sale checklist for any state

Find out whether your state requires a dealer or permit for this sale, using the lists above.
Buyer and seller show each other photo ID. Confirm the buyer lives in your state.
Read the serial off the frame or receiver and check it on SafeOrStolen. Walk away from a scratched or ground serial.
Write a bill of sale: date, price, make, model, caliber, serial and both names. Each keeps a copy.
When in doubt, do the transfer at a licensed dealer, who runs the background check and keeps a record.

Questions about private gun sales

Do I need a background check to sell a gun privately?

It depends on your state. 17 jurisdictions on this page, including California, Colorado, Illinois, New York, Pennsylvania (handguns), Washington and the District of Columbia, require a background check on at least some private sales, usually by doing the transfer through a licensed dealer or a permit system. The 30 other states listed here have no state requirement. Federal law still bars selling to anyone you know or have reason to believe can't legally have a gun.

Can I sell a gun to someone who lives in another state?

Not directly. Under federal law, a private seller can't transfer a gun straight to a resident of another state. The sale has to go through a licensed dealer in the buyer's home state, who runs the background check and follows that state's rules. Limited exceptions exist, such as guns passed down by will, so ask a dealer before you assume one applies.

Does a background check tell you if a gun is stolen?

No. A background check screens the buyer, to see whether they can legally have a gun. It doesn't search whether that serial number was reported stolen. Check the serial separately on SafeOrStolen (safeorstolen.com/state-firearm-transfer-laws), which searches more than 220,000 police theft and loss reports from 33 states and Washington, DC, live Ohio records and owner reports. Since August 2025, dealers can also voluntarily check the FBI’s stolen-gun file.

Do family transfers need a background check?

Several states that require checks exempt transfers between immediate family members, including Colorado, Nevada, Oregon and Vermont, while Connecticut, New Jersey and New York have their own narrower family exemptions. Each state defines "immediate family" its own way, so a transfer exempt in one state may not be in another. Confirm the current rule with your state before you rely on it.

If my state doesn't require a check, what should I do at a private sale?

Federal law still applies to every sale. Ask to see the buyer's ID and confirm they live in your state. Write a bill of sale with the date, price, make, model, serial number and both names, and each keep a copy. If you're the buyer, check the serial before you pay. Many sellers choose to use a dealer anyway for the record it creates.

Which states are not on this page?

Michigan, Minnesota, New Mexico and Virginia are not listed here because we did not have confirmed current information for them when the page was published. Their absence does not mean any particular rule applies. Check with that state's police or attorney general, or ask a licensed dealer, before a private sale there.

Not legal advice

This page is general information, not legal advice. The state lists reflect the law as of September 10, 2026, and transfer laws, exemptions and permit systems change. Michigan, Minnesota, New Mexico and Virginia aren't listed because we did not have confirmed current information for them; that doesn't mean any particular rule applies there. Check current requirements with your state, a licensed dealer or a lawyer before you complete a sale.

Check the serial before you pay

Searches more than 220,000 police theft and loss reports from 33 states and Washington, DC, live Ohio records and owner reports, and flags altered serials. 1 free check, then $0.99 for 2 checks or $10 a month unlimited.

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