How To Sell a Gun in Georgia

State Laws for Private Sales

As a seller, it's important to be aware of Georgia's state laws regarding private sales.

In Georgia, private sales of firearms between two unlicensed individuals are allowed without specific state-mandated requirements. Federal law does not mandate background checks for private sales, either. Here are some key considerations based on federal regulations:

If the buyer possesses a valid Georgia Weapons Carry License (WCL) or a valid Georgia Firearms License (GFL), it is a sign that they have passed a background check at some point. However, this does not negate your responsibility as a seller to ensure that you are not selling to someone who is prohibited from owning a firearm.

Even if the buyer does not have a valid WCL or GFL, federal law does not require the seller to request a background check from a licensed dealer (Federal Firearms Licensee) before proceeding with the private sale.

Nevertheless, it's very important to note that under federal law, the seller cannot legally sell a firearm to an individual who they know or suspect is prohibited from owning a firearm, such as someone with a felony conviction or a history of domestic violence. Selling to a prohibited person is a felony offense and carries serious legal consequences.

Age Restrictions

Age restrictions play a crucial role in regulating firearm ownership and usage in the United States. Generally, the legal age to purchase and possess a handgun is 21, or 18 for active military personnel or those honorably discharged. The legal age to possess a rifle or shotgun in Georgia is 18 years old.

Georgia Gun Ownership

Georgia is a state with a significant number of gun owners. 49.2% of Georgia’s adult population in households own firearms. Ranking 6th in the nation for gun ownership, Georgia had 304,124 gun licenses issued in 2021 and 190,050 firearms registered with law enforcement agencies. The southern region of the state boasts the highest concentration of gun owners.

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Gun Laws in Georgia

Georgia's gun laws are relatively permissive, with no restrictions on assault weapons, large-capacity magazines, or waiting periods for purchases. While background checks are mandatory at gun shops, they are not required for gun shows or online transactions.

The state prohibits local regulation of gun shows and does not mandate licenses for buying or carrying firearms. Additionally, there are no requirements for registering guns, "red flag" laws, or automatic prohibitions for domestic violence offenders or stalkers. Firearms are allowed on college campuses, and school personnel may carry guns. Georgia's "stand your ground" law is in effect, and the state constitution guarantees the right to bear arms. 

As of April 2022, Georgia has passed a bill eliminating government permits for carrying firearms in public.

• No restrictions on assault weapons or large-capacity magazines
• Background checks required for gun shop purchases, but not at gun shows or online
• Georgia bans county or city regulation of gun shows
• No waiting period to buy a gun
• No license is required to buy or carry a firearm in Georgia
• No law requiring gun registration with local or federal agencies
• School personnel are allowed to carry guns
• No “red flag” law in Georgia
• No automatic prohibition of domestic violence offenders or stalkers from having a gun
• Guns allowed on Georgia College campuses
• Georgia has a “stand your ground” law
• Georgia's constitution provides the right to keep and bear arms

Illegal Firearms in Georgia

In Georgia, certain firearms are classified as illegal due to their capacity to be used by people with a destructive nature incorrectly and cause extensive harm. Examples of prohibited weapons include bazookas, machine guns, sawed-off shotguns or rifles, and rocket launchers. Possessing or using these types of firearms can lead to severe legal consequences in the state.

Federal Laws

Federal laws regulate private firearm sales in the United States, imposing specific requirements on sellers and buyers. Restrictions on selling firearms to individuals include factors such as criminal convictions, warrants, drug abuse, fugitive status, mental defects, and domestic violence crimes. 

The National Firearms Act of 1934 regulates the ownership and possession of various firearms, and the legal transfer of firearms between unlicensed individuals residing in different states requires shipping the firearm to a Federal Firearm License (FFL) holder in the recipient's state. Non-compliance with federal or state laws can result in penalties, including fines, imprisonment, or both.

Federal Legal Restrictions for Selling Firearms to Certain Individuals

Federal legal restrictions apply to the sale of firearms to specific individuals, including those who fulfill any of the following criteria:

• conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year
• warrant (felony or out-of-state misdemeanor)
• felony criminal charge
• drug abuser
• fugitive from justice
• illegal alien
• mental defect or commitment
• dishonorable discharge from the armed forces
• renounced U.S. citizenship
• restraining order
• a person convicted of a domestic violence crime.

Important Considerations

As per the National Firearms Act of 1934, ownership and possession of shotguns, rifles, machine guns, firearm mufflers, and silencers are regulated. The purchase of semi-automatic weapons is legal in most states, and the possession of automatic weapons made before 1986 is also legal as long as you obtain the proper tax stamp and go through the proper ATF channels.

It is illegal for an unlicensed individual to transfer a firearm to someone not residing in the same state. In general, for a legal transfer of a firearm to an unlicensed person residing in a different state, the firearm must be shipped to a Federal Firearm License (FFL) holder in the state of residence of the recipient, and be transferred by the FFL.

Penalties for non-compliance

If private sellers are discovered to be breaking federal or state laws while selling a gun, they could be subject to penalties including fines, imprisonment, or both.

Georgia Firearm Ownership Restrictions

In Georgia, firearm ownership restrictions adhere to federal regulations. Individuals prohibited from owning guns include convicted felons, unlawful drug users or addicts, those with mental health disorders, persons under a qualifying protective order, and individuals convicted of a misdemeanor crime of domestic violence.

Conducting a Private Sale

Conducting a private sale of firearms in Georgia involves following general guidelines and being aware of state-specific regulations. The minimum age to purchase rifles, shotguns, and ammunition is 18, while for handguns, it is 21. Although no permits or registration are required for firearm ownership in Georgia, purchases from licensed dealers necessitate completing ATF form 4473 and undergoing a NICS background check. However, private sales between individuals do not require background checks, but penalties may apply for selling to ineligible persons, selling defaced firearms, or selling restricted firearms. Familiarity with Georgia's regulations governing gun sales is essential for successful private transactions.

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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 a private 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.

Completing the Sale and Transferring Firearm Ownership:

Once you've found a legal 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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Using Cash for Arms to Sell Your Guns

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