State Private Sales of Guns

Alabama has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Alabama law prohibits anyone from delivering a handgun (but not a long gun) to any person he or she has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, a habitual drunkard, or of unsound mind.¹ The only other Alabama laws governing such sales are those addressing the minimum age of the purchaser.

See our Private Sales policy summary for a comprehensive discussion of this issue.

1. Ala. Code § 13A-11-76. [↩]

See our Private Sales policy summary for a comprehensive discussion of this issue.

Alaska does not require a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Alaska prohibits any person from knowingly selling or transferring a concealable firearm to any person convicted of a felony or whose physical or mental condition is substantially impaired by liquor or controlled substances.¹

The state also prohibits any person from knowingly selling a firearm to anyone under age 18.²

See the section entitled Retention of Sales / Background Check Records in Alaska for laws requiring pawnbrokers and second-hand dealers to maintain records of sales.

See the section entitled Firearms Trafficking for additional laws that limit private sales of firearms.

1. Alaska Stat. § 11.61.200(a)(2), (4). [↩]
2. Alaska Stat. § 11.61.210(a)(6). [↩]

Arizona has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer, although no person may knowingly sell or transfer a deadly weapon to a prohibited possessor.¹ All sales are also subject to Arizona’s age restrictions. Arizona has no other laws regulating the manner in which guns are sold.

See our Private Sales Policy Summary for a comprehensive discussion of this issue.

1. Ariz. Rev. Stat. § 13-3102(A)(5). [↩]

See our Private Sales policy summary for a comprehensive discussion of this issue.

Arkansas law has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer.

Arkansas prohibits any person from furnishing a firearm to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor’s welfare.¹ A violation is a Class B felony if the firearm is a handgun or other specified firearm.²

In addition, the state prohibits any person transferring or furnishing a handgun to another individual who the transferor knows has been found guilty of, or who has pleaded guilty or no contest to, a felony.³

Arkansas prohibits a person from selling, renting, or otherwise transferring a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm.⁴ A violation of this section is a Class A misdemeanor, unless the firearm is a handgun (or other specified firearm, such as a machine gun), in which case the violation rises to a Class B felony.⁵

See the section entitled Firearms Trafficking for additional laws that limit private sales of firearms.

1. Ark. Code Ann. § 5-73-109(a). Arkansas defines minor as any person under 18 years of age. Ark. Code Ann. § 5-73-101(9). [↩]
2. Ark. Code Ann. § 5-73-129. [↩]
3. Id. [↩]
4. Ark. Code Ann. § 5-73-132(a). [↩]
5. Ark. Code Ann. § 5-73-132(b). [↩]

See our Private Sales policy summary for a comprehensive discussion of this issue.

When neither party to a transaction is a licensed firearms dealer, firearms transfers in California must be completed through a licensed California dealer.¹ To complete such transactions, the seller or transferor must provide the firearm to the dealer, who will deliver the firearm to the purchaser or transferee following a background check and expiration of the mandatory state waiting period, unless the transferee is prohibited from purchasing or possessing firearms, or the dealer is otherwise notified by the California Department of Justice that the sale or transfer may not proceed.² If the dealer cannot deliver the firearm to the purchaser or transferee, the dealer must determine whether the private seller or transferor is prohibited from possessing a firearm.³ If the seller or transferor does not fall into a prohibited class, the dealer must immediately return the firearm to that party. In the event the seller or transferor does fall into a prohibited class, the dealer cannot return the firearm to that party, and must deliver the firearm to the sheriff of the county or to the chief of police of any city in the county in which the dealer operates.⁴

The following sales and transfers are exempt from the requirement that they be processed through a licensed dealer:⁵

• Certain government-sponsored transfers, including gun buybacks;⁶
• Certain transfers to nonprofit historical societies, museums, or institutional collections;⁷
• Transfers to licensed firearms manufacturers and importers;⁸
• Infrequent transfers between immediate family members;⁹
• Certain loans involving firearms;¹⁰
• Donations made to non-profit auctions;¹¹
• Transfers by operation of law;¹² or
• Certain transfers of curios or relics to licensed firearms collectors.¹³

Private sales and transfers of firearms are not subject to the state’s restriction on purchasing more than one handgun per month,¹⁴ or the state’s design safety standards for handguns.¹⁵

All licensed firearms dealers must process private party transfers of long guns upon request. Licensed dealers who sell, transfer, or stock handguns must also process private party handgun transactions upon request.¹⁶

Any person, corporation, or dealer is prohibited from transferring a firearm to a person the seller “knows or has cause to believe” is not the actual purchaser or transferee of a firearm (such a person is known as a “straw purchaser” – someone not in a prohibited category who buys firearms on behalf of a convicted felon, juvenile or other prohibited purchaser), if the person, corporation, or dealer knows that the firearm is to be subsequently transferred in violation of California law.¹⁷  California law also prohibits any person from supplying a firearm to any person that state law prohibits from possessing firearms for mental health reasons.¹⁸ Private sellers of firearms must also comply with California’s age restrictions for the purchase or sale of a firearm.

1. Cal. Penal Code § 27545. Cal. Code Regs. tit. 11, § 4032. [↩]
2. Cal. Penal Code § 28050. [↩]
3. Cal. Penal Code § 28050. [↩]
4. Cal. Penal Code § 28050. [↩]
5. Note, however, that transferees receiving a firearm through one of these exceptions may be required to report to DOJ the receipt of the firearm within 30 days, and obtain a handgun safety certificate if the firearm is a handgun. See the Licensing of Gun Purchasers or Owners in California section. [↩]
6. Cal. Penal Code § 27850. [↩]
7. Cal. Penal Code §§ 27855, 27860. [↩]
8. Cal. Penal Code § 27865. [↩]
9. Cal. Penal Code § 27875. [↩]
10. Cal. Penal Code §§ 27880, 27885, 27910. [↩]
11. Cal. Penal Code §§ 27900, 27905. [↩]
12. Cal. Penal Code §§ 27920, 27925. [↩]
13. Cal. Penal Code § 27966. [↩]
14. Cal. Penal Code § 27535(b)(8). [↩]
15. See Cal. Penal Code §§ 27545 and 32110(a). [↩]
16. Cal. Penal Code § 28065. [↩]
17. Cal. Penal Code § 27515. [↩]
18. Cal. Welf. & Inst. Code § 8101 (referencing §§ 8100 and 8103). [↩]

In Colorado, all firearm transfers between unlicensed persons must be processed by a licensed firearms dealer, subjecting the prospective purchaser to a background check.

Effective July 1, 2013, Colorado will require private sellers (sellers who are not federally licensed dealers) to initiate a background check when transferring a firearm. Any unlicensed individual who seeks to transfer possession of a firearm to a prospective transferee must:  1) require that a background check is conducted on the prospective transferee by a licensed gun dealer; and 2) obtain approval of the transfer from the Colorado Bureau of Investigation (CBI) following the background check request.¹

If the transferee is an entity (e.g. a business), then a background check must be conducted on each person who is authorized by the entity to possess a firearm.²

When a licensed dealer obtains a background check on a prospective transferee, the dealer must record the transfer and retain the records in the same manner as when conducting a sale, rental or exchange at retail. The dealer must also provide the transferor and transferee with a copy of the results of the background check, including CBI’s approval or disapproval of the transfer.³

A dealer may charge a fee of up to $10 for conducting a background check for a private seller.⁴

A transferee cannot accept possession of the firearm from a private seller until CBI approves the transfer. The transfer must be completed within 30 days of that approval.⁵

A transferee is prohibited from knowingly providing false information to a prospective transferor or to a licensed dealer for the purpose of acquiring a firearm.⁶

A person who transfers a firearm in violation of the above provisions may be jointly and severally liable for any civil damages proximately caused by the transferee’s subsequent use of the firearm.⁷

The private transfer provisions do not apply to, inter alia:

• A bona fide gift or loan between immediate family members;

• A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

• A transfer that is temporary and occurs while in the home of the unlicensed transferee if:
  • The unlicensed transferee is not prohibited from possessing firearms; and
  • The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;

• A temporary transfer of possession without power of ownership or a title to ownership, which takes place:
  • At a shooting range located in or on premises owned by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;
  • At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or
  • While hunting, fishing, target shooting, or trapping if:
    • Legal in all places where the unlicensed transferee possesses the firearm; and
    • The unlicensed transferee holds any license or permit that is required for such activity;

• A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm, except that all parties who possess the firearm as part of such transaction must be able to legally possess a firearm;

• Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;

• A temporary transfer for not more than 72 hours. A person who makes such a temporary transfer may be jointly and severally liable for damages proximately caused by the transferee’s subsequent unlawful use of the firearm; or

• A member of the armed services who will be deployed outside of the U.S. in the next 30 days, to any immediate family member.⁸

When a person violates the above private transfer requirements, the violation is punishable as a Class 1 misdemeanor and the person must be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.⁹ When a person is convicted, the State Court Administrator must report the conviction to CBI and to the National Instant Criminal Background Check System. The report must include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.¹⁰

See the Background Checks in Colorado section for further information.

In Colorado, a person is criminally liable if he or she:

• Intentionally, knowingly, or recklessly provides a handgun to any person under age 18;

• Knows of a juvenile’s unlawful possession of a handgun and fails to make reasonable efforts to prevent the juvenile’s conduct;

• Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and permits the juvenile to possess a handgun;

• Is aware of a substantial risk that a juvenile will use a handgun to commit a felony and fails to make reasonable efforts to prevent the commission of the offense;

• Sells, rents, or transfers ownership of a long gun to a juvenile without the consent of his or her parent or guardian. This prohibition also applies to a person who allows unsupervised possession of a long gun to a juvenile without the consent of the juvenile’s parent or guardian;¹¹ or

• Violates the private transfer requirements by, for example, failing to have a licensed dealer conduct a background check on the transferee. A person violating the private transfer requirements can be held jointly and severally liable for any civil damages proximately caused by the transferee’s subsequent use of the firearm.¹²

See our Private Sales policy summary for a comprehensive discussion of this issue.

1. Colo. Rev. Stat. § 18-12-112(1)(a). [↩]
2. Colo. Rev. Stat. § 18-12-112(1)(b), (2)(A). [↩]
3. Colo. Rev. Stat. § 18-12-112(2)(b), (c). [↩]
4. Colo. Rev. Stat. § 18-12-112(2)(d). [↩]
5. Colo. Rev. Stat. § 18-12-112(3)(a), (4). [↩]
6. Colo. Rev. Stat. § 18-12-112(3)(b). [↩]
7. Colo. Rev. Stat. § 18-12-112(5). [↩]
8. Colo. Rev. Stat. § 18-12-112(6). [↩]
9. Colo. Rev. Stat. § 18-12-112(9)(a). [↩]
10. Id. [↩]
11. Colo. Rev. Stat. § 18-12-108.7. [↩]
12. Colo. Rev. Stat. § 18-12-112. [↩]

Connecticut prohibits any person, firm or corporation from selling, delivering or otherwise transferring a handgun to any person prohibited by state law from possessing a handgun.¹ Handgun transfers may not be made until the person, firm or corporation making the transfer obtains an authorization number – following a background check on the prospective purchaser – from the Connecticut Department of Emergency Services and Public Protection.² Moreover, the state prohibits any person, firm, or corporation from transferring a handgun unless the transferee has a permit to carry a handgun, a permit to sell handguns at retail, or a handgun eligibility certificate.³ See the Connecticut Licensing of Gun Owners or Purchasers section.

Prior to the transfer of any firearm at a gun show, the transferee must undergo a background check.⁴ See the Connecticut Gun Shows section for more information. Private transfers (i.e., transfers by non-firearms dealers) of rifles and shotguns are not otherwise subject to a background check requirement in Connecticut.

In Connecticut, any person who sells, delivers or otherwise transfers a firearm to a person knowing that person is prohibited from possessing such firearm “shall be strictly liable for damages for the injury or death of another person resulting from the use of such firearm by any person.”⁵

For laws aimed at gun trafficking, see the section entitled Firearms Trafficking in Connecticut.

For laws requiring the sale of a locking device to accompany the sale of a handgun, see the section entitled Locking Devices in Connecticut. Handgun sellers must also provide the purchaser with a written warning stating that unlawful storage of a firearm may result in imprisonment or fine.⁶

For laws requiring firearm sellers to retain records of sales, see the Connecticut Retention of Firearm Sales/Background Checks Records section.

See the Connecticut Minimum Age to Purchase/Possess section for age restrictions.

In addition, the state prohibits any person not authorized by law from conveying or passing any firearm to any inmate of a correctional or humane institution.⁷

See our Private Sales policy summary for a comprehensive discussion of this issue.

1. Conn. Gen. Stat. § 29-33(a). The possessor prohibitions under Connecticut General Statues § 53a-217c are described in the Connecticut Prohibited Purchasers Generally section. [↩]
2. Conn. Gen. Stat. § 29-33(c). [↩]
3. Conn. Gen. Stat. § 29-33(b). [↩]
4. Conn. Gen. Stat. § 29-37g(c). [↩]
5. Conn. Gen. Stat. § 52-571f. [↩]
6. Conn. Gen. Stat. § 29-37b. [↩]
7. Conn. Gen. Stat. § 53a-174. [↩]

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Delaware, although federal and state purchaser prohibitions still apply. See the Delaware Background Checks and Delaware Prohibited Purchasers Generally sections.

Licensed gun dealers are required to facilitate the transfer of a firearm when any unlicensed seller requests that the licensed dealer conduct a background check on the prospective buyer.¹ Both the unlicensed seller and prospective purchaser must appear together at the licensed dealer’s place of business to complete the background check and transaction. The transfer cannot proceed if the prospective buyer is prohibited from possessing, purchasing or owning a firearm under state law.²

Delaware prohibits any person from selling deadly weapons (including handguns) “made especially for the defense of one’s person” to anyone under age 21 or any intoxicated person.³ Delaware otherwise prohibits selling, giving, or otherwise transferring a firearm or ammunition to a minor under age 18 unless the transferor is the child’s parent or guardian or a person who first receives permission from the minor’s parent or guardian.⁴

In addition, Delaware prohibits the transfer of a firearm to any person knowing that the recipient intends to commit any felony, Class A misdemeanor or drug related criminal offense with the firearm.⁵

Delaware prohibits furnishing a deadly weapon to any person committed to the jurisdiction of the State Department of Corrections.⁶

See our Private Sales policy summary for a comprehensive discussion of this issue.

1. Del. Code Ann. tit. 24, § 904A(b). [↩]
2. Del. Code Ann. tit. 24, § 904A(b). [↩]
3. Del. Code Ann. tit. 24, §§ 901, 903. [↩]
4. Del. Code Ann. tit. 11, § 1445(4). [↩]
5. Del. Code Ann. tit. 11, § 1445(5). [↩]
6. Del. Code Ann. tit. 11, § 6562A(3). [↩]

Private sellers in the District of Columbia must have a registration certificate in order to lawfully transfer a firearm.¹ See the District Registration of Firearms section. Even where private sellers are so eligible, they may transfer registerable firearms² only to licensed dealers.³

In addition, no person may sell a handgun to a person: 1) not of sound mind; 2) prohibited from possessing a firearm by any of the specific prohibited categories under D.C. Code Ann. § 22-4503 (see the District of Columbia Prohibited Purchasers Generally section); or 3) under age 21, unless the seller is the parent or guardian of the purchaser.⁴ Any person who knowingly or intentionally transfers a firearm or ammunition to someone under age 18 shall be fined up to $10,000, imprisoned for up to 10 years, or both.⁵

The District also prohibits the use of firearms or ammunition as security for a mortgage, deposit or pledge, and prohibits loaning, borrowing, giving, or renting a firearm or ammunition to or from another person.⁶

See our Private Sales policy summary for a comprehensive discussion of this issue.

1. D.C. Code Ann. § 7-2502.01(a). [↩]
2. Unregisterable firearms, such as machine guns, assault weapons, .50 BMG rifles or certain unsafe handguns, among others, cannot be registered and therefore cannot be transferred. See D.C. Code Ann. § 7-2502.02. [↩]
3. D.C. Code Ann. § 7-2505.02(a). The District has other transfer restrictions that apply to all sellers of firearms in the district. These appear to apply only to licensed dealers, however. Sellers must wait to deliver a firearm to a purchaser after 10 days have elapsed from the time of application (except for transfers to certain law enforcement officers). D.C. Code Ann. § 22-4508. Firearms must be transported safely and lawfully (See D.C. Code Ann. § 22-4504.02.) D.C. Code Ann. § 22-4508. Prior to transfer, purchasers must sign in duplicate and deliver to the seller a statement containing his or her full name, address, occupation, color, place of birth, the date and hour of application, the caliber, make, model, and manufacturer’s number of the firearm to be purchased and a statement that the purchaser is not forbidden by D.C. Code Ann. § 22-4503 from possessing a firearm. D.C. Code Ann. § 22-4508. The seller shall, within six hours after such application, sign and attach his or her address and deliver a copy to the Chief of Police, and retain the other copy for six years. D.C. Code Ann. § 22-4508. [↩]
4. D.C. Code Ann. § 22-4507. [↩]
5. D.C. Code Ann. § 7-2507.06(1). [↩]
6. D.C. Code Ann. § 7-2507.01. [↩]

See our Private Sales policy summary for a comprehensive discussion of this issue.

Florida has no law generally requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. However, the Florida Constitution permits counties to adopt laws that would require such background checks for sales occurring in or on “property to which the public has the right of access” within the county. The Florida Constitution states that, “[e]ach county shall have the authority to require a criminal history records check…in connection with the sale of any firearm occurring within such county.”¹ The term “sale” under this section “means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access.”² Concealed weapons permit holders are not subject to these laws.³

1. Fla. Const. art. VIII, § 5(b). [↩]
2. Id. [↩]
3. Id. [↩]