How to Sell a Gun in Delaware

State Laws for Private Sales in Delaware

In Delaware, there are various avenues for firearms transactions, and one option is to choose reputable gun buyers such as CashForArms, ensuring a safe and hassle-free sale. When purchasing firearms from companies outside Delaware, it's important to remember that these items can be shipped to a local Federal Firearms License (FFL) holder for convenient collection.

Eligibility Criteria for Purchasing a Firearm in Delaware

Let's start with the basics: the buyer's age and identification. For long guns, buyers must be at least 18 years old. If you're interested in handguns, pistol-grip shotguns, or lower receivers, you must be at least 21. In both cases, prospective gun owners must present valid identification, such as a driver's license or state-issued ID.

Before completing your purchase, you must fill out the Bureau of Alcohol, Tobacco & Firearms form 4473. This is followed by a National Instant Criminal Background Check System (NICS) check, which is performed by the licensed firearms dealer.

Grounds for Disqualification

If the background check disallows the sale, but you believe there's no warranted reason for this, don't worry. There is an appeal process that you can pursue to clarify or rectify the situation.

Role of Licensed Firearms Dealer (FFL)

Transferring a firearm in Delaware requires the participation of a licensed firearms dealer. An unlicensed person cannot sell or transfer any firearm to another unlicensed person without conducting a criminal history background check through a licensed dealer. For this process, both the prospective buyer and seller must appear at the licensed dealer’s place of business.

Exceptions to the Rule: Family Members, Law Enforcement Officers, and Concealed Carry Permit Holders

Some exceptions apply to this rule, including transfers among family members, spouses or partners, holders of a current and valid concealed carry permit issued by the Superior Court of the State of Delaware, and qualified law enforcement or retired law enforcement officers.

Guidelines for Gifting and Selling Firearms in Delaware

When it comes to firearms from an estate, they can be transferred according to the deceased's wishes expressed in a will or trust, or at the executor's discretion if no instructions are left. They can also be gifted from an estate to an individual specified in the will or trust, again, at the executor's discretion when no instructions are left.

Restrictions on Selling Firearms Promised in Wills or Trusts

However, be aware that firearms from an estate cannot be sold if they have been promised to a specific individual in the will, trust, or other written documents.

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Federal Laws Pertaining to Firearm Sales

Like any other state, Delaware adheres to federal regulations that outline disqualifications and identify prohibited individuals.

At the federal level, there are disqualifications for purchasing firearms. These include individuals with a conviction where the crime has a maximum imprisonment term exceeding 1 year or those currently with a warrant out for their arrest.

Felony Pretrial Release Conditions

Furthermore, individuals on felony pretrial release are also disqualified from purchasing firearms.

Straw Purchases and Penalties

Be warned: straw purchases, or buying a firearm for someone who cannot legally purchase one themselves, is a serious crime. This felony is punishable by up to ten years in jail.

Other Considerations in Selling a Firearm

Restrictions and Disqualifications under Delaware and Federal Law are:

• Prohibited Individuals

There are people who, under both Delaware and federal law, are prohibited from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm. These individuals include those convicted of a felony or a crime of violence, individuals with mental health conditions, and juveniles adjudicated as delinquent for conduct that would constitute a felony.

• Additional Disqualifications

At the federal level, additional disqualifications apply. These include individuals with a warrant or those on felony pretrial release.

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Tips to Sell Safely and Get the Best Price

To ensure a successful gun sale, make sure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.

Cleaning and Maintenance:

It's a good idea to ensure your firearm is in good working condition and properly cleaned before selling it. This can also increase the firearm's value.

Accurate Description:

When preparing your firearm for sale, you should aim to provide an accurate description of the firearm. This includes information about the make, model, caliber, and any accessories that come with the firearm. An accurate description will help ensure a smooth transaction with your ultimate buyer.

Documentation: 

Prepare a complete bill of sale that protects both parties in case of disputes, including the following information: sale date, buyer and seller information, and firearm details (such as make, model, and serial number). Additionally, be sure to include any relevant paperwork, such as purchase receipts and warranty information.

Bill of Sale

A bill of sale is recommended for private sales to document the transaction and protect the seller if the firearm is later used in a crime or reported stolen.

Completing the Sale and Transferring Firearm Ownership:

Once you've found a legal gun buyer, complete the sale and transfer ownership of the firearm in a legal and compliant manner. Be sure to follow all applicable federal, state, and local laws and regulations, including background checks and any necessary permits or licenses.

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Choosing Cash for Arms to Sell Your Firearms

Opting for Cash for Arms is a secure and reliable method for selling your firearm. By selecting a reputable buyer, you can guarantee a smooth and legal transaction while obtaining the best market value for your firearm.