Private firearm sales—those conducted between individuals without the involvement of a licensed dealer—are legal under federal law, but they come with important limitations. As a private gun owner, you don’t need a Federal Firearms License (FFL) to sell or transfer a firearm under certain conditions, but crossing legal boundaries—intentionally or not—can expose you to serious federal criminal charges.
Here’s a deeper look at what private sellers need to know to stay on the right side of the law.
What Is A Private Sale?
A private sale is the transfer of a firearm between two individuals who are not federally licensed dealers. These typically take place:
- Between friends or family members
- At gun shows (from table to table, not through FFL dealers)
- Through personal advertisements or social media
Federal law does not require a background check for most private sales. However, certain state laws (like those in California, New York, and Colorado) do require checks for private transactions. Always check your state and local laws.
Federal Law: When Private Sales Become Illegal
While private firearm sales are permitted federally, there are strict limits. You may face criminal charges if you:
1. Sell To A Prohibited Person
Federal law (18 U.S.C. § 922(d)) prohibits selling a firearm to someone who is:
- A convicted felon
- A drug user or addict
- Under a domestic violence restraining order
- Mentally adjudicated as defective
- An undocumented immigrant or certain visa holders
- Dishonorably discharged from the military
Even in a private sale, if you know or have reason to believe the buyer falls into any of these categories, the sale is illegal.
2. Sell Across State Lines
Under 18 U.S.C. § 922(a)(5), a private individual cannot lawfully transfer a firearm to a resident of another state unless the transaction goes through an FFL.
Legal workaround: The buyer can arrange to have the firearm shipped to an FFL in their home state, who will conduct a background check and transfer it lawfully.
3. Act As An Unlicensed Dealer
Private sellers must not engage in the “business” of selling firearms without an FFL.
Illegal: Regularly selling guns online or at shows for profit.
Legal: Occasionally selling guns from your personal collection.
The key phrase in federal law is “engaged in the business” of selling firearms for livelihood and profit. Courts look at:
- Frequency and volume of sales
- Advertising or solicitation of buyers
- Whether you earn income from sales
If you’re found to be dealing firearms without a license (18 U.S.C. § 922(a)(1)(A)), you could face up to 5 years in prison and substantial fines.
Best Practices For Private Sellers
Even if your sale is legal, it’s smart to take precautions:
Keep a Bill of Sale
Include:
- Names and addresses of both parties
- Firearm make, model, serial number
- Date and location of sale
- Statement that buyer is not prohibited under federal law
Ask for ID
Verify the buyer’s residency and age. Federal law prohibits sales to individuals under 18 (for long guns) or 21 (for handguns, in dealer sales), and some states extend those rules to private sellers.
Avoid Suspicious Buyers
If the buyer seems evasive, offers extra cash to “skip the paperwork,” or asks you to ship to another state, walk away.
Summary of What Private Sellers Can and Cannot Do
| Action | Legal Without FFL? | Notes |
| Sell to an in-state resident who is not prohibited |  |
No federal background check required (unless state law mandates it) |
| Sell to a resident of another state |  |
Must go through an FFL |
| Sell to someone you know is a felon | |
Federal crime, even if private sale |
| Sell regularly for profit | |
May be considered “engaged in the business” and require an FFL |
| Give a gun as a gift to a family member | |
Must not be prohibited from owning firearms |
| Buy a gun as a straw purchaser for someone else | |
Felony under 18 U.S.C. § 922(a)(6) |
If You’re Facing Federal Firearms Charges
If you’ve been accused of unlawfully selling a firearm—especially across state lines or without a license—it’s critical to speak to our Tampa, FL criminal defense lawyer with federal court experience. The government often uses undercover buys or online records to support these cases.
Possible defenses include:
- Lack of knowledge that the buyer was prohibited
- Occasional, personal sales not amounting to a “business”
- No intent to defraud or violate federal law
Final Thoughts
Private sales of firearms can be lawful, but they’re a legal minefield. Federal agents and prosecutors pay close attention to online activity, gun shows, and recurring patterns of sales. If you’re unsure whether your conduct could trigger criminal liability—or if you’re already under investigation—don’t guess.
Contact Stechschulte Nell today for a confidential consultation and let us help you protect your rights and your freedom.
