Conducting a Private Sale of a Firearm in Missouri
Private sales of firearms in Missouri are not heavily regulated, but certain precautions should be taken.
![Picture representing Missouri](https://cdn.prod.website-files.com/64067332b1d5fb39611d1a42/65edd02be2198cc5710621a4_648942dd0421491be3154bfd_X2-NbEvMTG9-qRzL.webp)
Background Check Requirements
When purchasing a firearm in Missouri, there are different regulations depending on the type of sale. In this section, we'll cover requirements for buying from a licensed dealer and private gun sale regulations.
Private sale regulations:
Missouri does not require background checks for private sales, but it is still crucial to ensure the buyer is legally eligible to purchase a firearm.
Requirements for purchasing from a licensed dealer:
Federal law requires all federally licensed dealers to conduct background checks on prospective firearm purchasers. This process involves filling out Form 4473 (firearms transaction form) and running the buyer's information through the National Instant Criminal Background Check System (NICS).
![ATF's website form 4473 - Firearms Transaction Record Revisions](https://cdn.prod.website-files.com/64067332b1d5fb39611d1a42/65eda7e08090071627e2a7ff_6482148085c0b4c147b8dc79_45f907ad.webp)
![FBI's website National Instant Criminal Background Check System (NICS)](https://cdn.prod.website-files.com/64067332b1d5fb39611d1a42/65eda8090b5952be209daff2_6482147db1e611601006ba14_4fa99d82.webp)
Penalties for selling to an ineligible person, selling a defaced firearm, or selling a restricted firearm:
Gun seller's in Missouri need to be aware of the consequences of violating state gun laws when selling firearms. Selling to an ineligible person, selling a defaced firearm, or selling a restricted firearm are serious offenses that can result in criminal charges and penalties. Penalties for these violations may include heavy fines, imprisonment, and the loss of the seller's license to sell firearms.
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) guidance on the transfer of a firearm by private sellers:
The ATF recommends private sellers keep a record of the sale, including the buyer's information and the firearm's make, model, and serial number.
Age Restrictions
There are both federal law requirements and Missouri minimum-age laws that you should be aware of when purchasing a firearm.
Federal law requirements:
Under federal law, the minimum age to purchase a long gun (rifle or shotgun) is 18, while the minimum age to purchase a handgun is 21.
Missouri minimum-age laws: Missouri adheres to federal law requirements regarding the age to purchase firearms.
Permit and Registration Requirements
The process of owning a firearm in Missouri is relatively straightforward, as the state does not impose any permit or registration requirements. This means that residents can legally own firearms without the need for a permit, and there is no obligation to register these firearms with a state agency.
Selling and Gifting Firearms to Minors
When it comes to selling and gifting firearms to minors in Missouri, there are specific restrictions to be aware of.
Restrictions on possession of handguns by minors: Missouri law prohibits anyone under the age of 18 from possessing a handgun, except under certain circumstances, such as when participating in a hunter safety course, target shooting, or with parental consent.
Ownership of long guns by minors: Minors under 18 may own long guns in Missouri, but they must have parental consent to purchase and possess them.
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Disqualifications for Purchasing a Firearm
There are federal disqualification categories and examples of disqualifications for purchasing a firearm in Missouri.
Federal disqualification categories:
Federal law prohibits certain individuals from purchasing or possessing firearms, including:
- felons,
- fugitives,
- drug addicts,
- individuals convicted of domestic violence misdemeanors
- those subject to restraining orders.
Examples of disqualifications:
- Specific examples of disqualifications include felony conviction and dishonorable discharge from the armed forces.
Open Carry Laws
Missouri is an open carry state, but there are some limitations to be aware of.
Where open carry is allowed:
- Missouri allows the open carry of firearms without a permit in most public places, except where specifically prohibited.
Limitations on open carry:
- Local municipalities can enact ordinances that restrict open carry, so it's essential to be familiar with local laws and regulations.
Concealed Carry Laws
Missouri has made changes to its concealed carry laws, effective Jan. 1, 2017.
Missouri now allows the concealed carry of firearms without a permit for residents 19 years of age or older who are legally allowed to own a firearm.
Requirements for obtaining a conceal-carry permit:
Although Missouri allows permitless concealed carry, residents can still obtain a conceal-carry permit for reciprocity purposes with other states. Applicants must be 19 years old, complete a firearms training course, and pass a background check.
Ownership of Fully Automatic Firearms
Owning a fully automatic firearm in Missouri is possible but comes with specific requirements and costs.
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Process for obtaining a fully automatic firearm:
To own a fully automatic firearm, you must complete the necessary paperwork, pay a transfer tax, and receive approval from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
High cost of fully automatic firearms: Fully automatic firearms are often expensive due to their rarity and the cost of obtaining the necessary permits and approvals.
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How to Legally Buy a Firearm in Missouri
When buying a gun in Missouri, there are specific steps to follow to ensure the transaction is legal.
Form 4473 (firearms transaction form): When purchasing a firearm from a licensed dealer, buyers must complete Form 4473.
National Instant Criminal Background Check System (NICS) check: Licensed dealers must run the buyer's information through the NICS before completing the sale.
Missouri State Firearm Ownership Restrictions
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Federal Disqualification Categories
While Missouri has relatively lenient gun laws, the state still adheres to federal disqualification categories that restrict firearm ownership. These restrictions include but are not limited to, individuals with felony convictions and those who have received a dishonorable discharge from the armed forces.
Federal law establishes disqualification categories for firearm ownership that apply in Missouri.
Examples of Disqualifications
Some specific examples of disqualifications for firearm ownership in Missouri include felony conviction and dishonorable discharge from the armed forces.
Penalties for Violating Missouri Gun Laws
Criminal Charges for Selling Firearms to Ineligible Persons:
Selling a firearm to an ineligible person in Missouri can result in criminal charges and penalties.
Penalties for Possession of Illegal Firearms:
Possessing an illegal firearm in Missouri can lead to penalties, including fines and imprisonment.
Resources for Selling a Gun in Missouri
When selling a gun in Missouri, it's important to be well-informed about the applicable laws and regulations. Two key resources that offer valuable guidance and information on this topic include the Missouri Office of Attorney General, which focuses on state gun laws, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which provides assistance on federal firearms regulations, including buying, selling, and transferring firearms.
As a responsible gun owner and seller, it's crucial to follow Missouri gun laws to ensure the safety of both yourself and others. Understanding the state's regulations can help prevent illegal sales and the potential consequences of violating the law.
This guide provides a comprehensive overview of Missouri gun laws, but it's always important to consult legal resources and stay informed about any changes or updates to the law. By doing so, you can be confident that you comply with all applicable regulations when buying or selling firearms in Missouri.
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Guidelines for a Safe Sale and Maximizing Profit
For a successful sale, it's important to have your pistol, rifle, or shotgun in proper working order, clean and well-maintained. Offer a precise description of the firearm, comprising its make, model, caliber, and included accessories. Create a detailed bill of sale and incorporate related documents, such as receipts and warranty details. Lastly, carry out the sale and transfer ownership legally by following all relevant federal, state, and local laws and regulations.
Proper Cleaning and Maintenance:
Prior to selling your firearm, ensure it's functioning correctly and thoroughly cleaned. This will potentially enhance the firearm's value.
![Picture of a person cleaning a rifle](https://cdn.prod.website-files.com/64067332b1d5fb39611d1a42/647055e48fa4e53b42b4c3db_Frame%207677%20(1).jpg)
Precise Description:
When preparing your firearm for private gun sale, strive to give a precise description of the firearm, including details about its make, model, caliber, and accompanying accessories. Providing accurate information facilitates a seamless transaction with the potential buyer.
Preparing Documentation:
Develop a comprehensive bill of sale that safeguards both parties in case of any disputes. This should include details such as the sale date, gun buyer and seller information, and firearm specifics (like make, model, and serial number). Don't forget to add pertinent documentation, such as purchase receipts and warranty details.
![Man holding an iPad](https://cdn.prod.website-files.com/64067332b1d5fb39611d1a42/65edc0fe6ef1975f6b045a1c_6484d724b16b04a7590b9e1d_uictLnxDQ66-dCFnrWRrWnPj4p.webp)
Finalizing the Sale and Transferring Firearm Ownership:
After finding a legal buyer, finalize the sale and legally transfer the firearm's ownership. Adhere to all relevant federal, state, and local laws and regulations, including background checks and any required permits or licenses.
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