How to Transfer Gun Ownership to Family
You transfer gun ownership to immediate family using one of these steps based on where you and your recipient live:
- Check that the recipient meets the other requirements for gun ownership in your state and if they do, give the gun to the person directly.
- Have an FFL or licensed dealer process the transfer.
Which Gun Transfer Method to Use
So, should you follow Step 1 or 2?
Most states allow Step 1. You can do that if you don’t want to pay an FFL for the trouble of checking if your recipient is eligible to own the gun.
If you want to be safe, can’t check if your recipient meets all requirements to own a gun, or live in one of these states, follow Step 2 and use an FFL:
- California
- Colorado (unless the transfer is a bona fide gift)
- Connecticut
- Illinois (unless the transfer is a bona fide gift)
- Rhode Island
- Washington State (unless the transfer is a bona fide gift)
Who Is Immediate Family?
Remember to check what your state considers an immediate family member, by the way. There may be some variations, but this generally covers it:
- Spouses
- Parents
- Children
- Siblings
- Grandparents
- Grandchildren
- Nieces and nephews
- First cousins
- Aunts and uncles
Some states like Illinois also consider fathers-in-law, mothers-in-law, sons-in-law, and daughters-in-law. Most go by the blood-relation rule, however.
The obvious exception is your spouse. That’s why people asking how to transfer gun ownership to spouse can always follow the rules for transferring to immediate family.
Exceptions
There may be exemptions and local laws that affect how you actually carry out the transfer. Remember: just because a state doesn’t require an FFL for it also doesn’t mean you don’t need a state-authorized permit.
For example, Massachusetts wasn’t in the earlier list because you can transfer guns directly to immediate family in it. But it still requires you to report the transfer on its Gun Transaction Portal.
For another example, New Jersey also wasn’t in our list. But if the firearm being transferred is a handgun, you still have to execute a permit through its Firearms Application & Registration System.
On the other hand, California was **in our list of states requiring FFLs for intra-familial gun transfers. Despite that, you can bypass the FFL for that if:
- The transfer is infrequent.
- The recipient is at least 18 years old.
- The recipient has a firearm safety certificate.
- A transfer report is filed with the California DOJ within 30 days of the transfer.
In other words, it’s best to check your state laws! Laws are also constantly changing on how to transfer gun ownership between family members.
How to Transfer Gun Ownership after Death
You transfer gun ownership after death through these steps:
- Check that the inheritor is legally allowed to own a gun.
- Move the gun safely into the inheritor’s ownership.
These tasks are performed by the executor of the estate. An executor is the person appointed to carry out the last wishes and manage the remaining affairs of the deceased.
How to Check Inheritor Eligibility
This means checking that the inheritor isn’t a person prohibited from owning firearms by either federal or state law. Note that state law can sometimes be stricter than federal here.
You can check this list for the federal prohibitions. For the state ones, check our guides to selling guns in different states! We generally list who’s prohibited in them.
How to Transfer the Bequeathed Gun
As for Step 2, it’s usually performed through an FFL. The executor will send the bequeathed gun to an FFL near the inheritor and have the FFL handle the transfer.
Sometimes, the FFL isn’t needed. For example, this may be true for some wondering how to transfer ownership after death in California.
Specifically, some direct private intra-familial gun transfer is allowed through Cal. Pen. Code Section 27875. We described the circumstances for this as an example in our previous section.
Exceptions
None. Even inherited guns can only be transferred to people legally allowed to own them.
How to Transfer Gun Ownership across States
You need to go through an FFL or licensed gun dealer to transfer gun ownership across different states. Here are the steps:
- Ship the gun to an FFL in the recipient’s state of residence.
- The recipient completes an ATF Form 4473 through the FFL that received the gun.
- The FFL that received the gun performs an NICS background check on the recipient.
- The FFL releases the gun to the recipient.
For example, say you want to know how to transfer gun ownership in CA to someone in Ohio. You need to send it to an Ohio FFL to do that.
Exceptions
None worth mentioning. Assume that all intra-state gun transfers have to go through an FFL for safety.
How to Transfer Gun Ownership within a State
The process of transferring gun ownership to a resident of the same state you live in varies based on the state’s law.
Many states allow private sales without background checks. These allow you to transfer guns without using FFLs (since they’re usually designated as the initiators of background checks).
Below are all of the states with notes on whether you need an FFL or not for them. We’ll also leave relevant notes where applicable. Here are examples of how to use our list:
- Example 1: You want to know how to transfer gun ownership in Texas. Our entry for it says “Not required, and minors are not allowed as recipients without parental or guardian consent.” That means transferring a gun to an adult in Texas can be as simple as just handing it over to them. If you’re transferring to a minor in the state, though, you’ll need written and signed permission from the minor’s parent or legal guardian.
- Example 2: You want to know how to transfer gun ownership in Missouri. Our entry for it says “Not required.” You can just hand a gun over to someone eligible here.
- Example 3: You want to know how to transfer ownership of a gun in Washington. Our entry says “FFL required.” That means you need to bring the gun to an FFL, ask them to do the transfer to your recipient, and let them handle it all from there.
However, remember what we said about exceptions and local laws earlier.
For example, Illinois is listed as “FFL required.” But as we noted before, bona fide gun transfers between immediate family members are exempt from that rule in the state.
Which States Require FFLS for Gun Transfers?
- Alabama - Not required.
- Alaska - Not required, and minors are not allowed to receive guns as purchases.
- Arizona - Not required.
- Arkansas - Not required, and minors are not allowed to receive guns without parental or guardian consent.
- California - FFL required.
- Colorado - FFL required.
- Connecticut - FFL required, along with DESPP background checks for handgun transfers.
- Delaware - FFL required, and minors are not allowed to receive guns unless it’s a handgun they can prove is solely for hunting.
- District of Columbia - FFL required.
- Florida - Variable because the state doesn’t require background checks but some county governments do. Check your county.
- Georgia - Not required.
- Hawaii - Not required, but the buyer needs a permit to acquire ownership of a firearm, which is granted by his county of residence’s chief of police.
- Idaho - Not required, and minors are not allowed to receive guns without parental or guardian consent.
- Illinois - FFL required, along with a buyer FOID card.
- Indiana - Not required, and people under 18 are not allowed to receive a handgun or assault rifle except from a parent.
- Iowa - Not required, but ownership permits are needed for handgun transfers.
- Kansas - Not required.
- Kentucky - Not required.
- Louisiana - Not required.
- Maine - Not required, but handgun buyers need to sign acknowledgment of a receipt of Maine’s basic firearms safety brochure in front of the seller.
- Maryland - Not required for regular long guns, FFL required for handguns and assault weapons.
- Massachusetts - Not required for less than 5 gun transfers per year, but the buyer needs a valid Firearm ID Card and all transfers must be reported to the state’s CJIS within 7 days of the transfer.
- Michigan - Not required, but handgun buyers need a handgun purchase license or concealed carry license.
- Minnesota - Not required for regular long guns, but buyers need a background check from the local police department (which also records the transfer) for handguns and semi-automatic or assault-style rifles.
- Mississippi - Not required.
- Missouri - Not required.
- Montana - Not required.
- Nebraska - Not required, but handgun buyers need a handgun certificate or concealed handgun permit.
- Nevada - Not required.
- New Hampshire - Not required.
- New Jersey - FFL required, along with Firearms Purchaser Identification Card or FPIC.
- New Mexico - Not required.
- New York - FFL required.
- North Carolina - Not required, unless for a handgun transfer to someone without a permit, and minors are not allowed as recipients.
- North Dakota - Not required.
- Ohio - Not required.
- Oklahoma - Not required.
- Oregon - FFL required.
- Pennsylvania - Not required for regular long guns, FFL required for handguns and short-barreled rifles or shotguns.
- Rhode Island - FFL required.
- South Carolina - Not required.
- South Dakota - Not required.
- Tennessee - Not required.
- Texas - Not required, and minors are not allowed as recipients without parental or guardian permission.
- Utah - Not required.
- Vermont - Not required, and those under 16 are not allowed as recipients.
- Virginia - Not required.
- Washington - FFL required.
- West Virginia - Not required.
- Wisconsin - Not required.
- Wyoming - Not required.
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Conclusion
That pretty much covers how to transfer ownership of a gun legally in the US. Whether you’re planning to transfer to a family member or doing a private sale, our notes should help.
If you were asking specifically because you’re thinking of selling a gun, by the way, talk to us. We might be able to do better than your buyer – in fact, many of our customers say we outdo private buyers’ offers!
Plus, if you sell the gun to us instead, you’ll have fewer worries about how to transfer. We’re FFLs, so selling to us is as easy as sending the gun our way and getting paid afterwards. Contact us or call 904-977-5477 to find out more!