Firearm FAQs for Unlicensed Individuals: What You Need to Know

Unlicensed Persons Shipping Firearms

 

Can an unlicensed individual legally ship a firearm?

Yes—with important limitations. Under federal law, an unlicensed person may ship a firearm to a Federal Firearms Licensee (FFL) in any state. However, they cannot ship a firearm to another unlicensed person across state lines. All applicable state and local laws must still be followed.

 

Shipping Rifles or Shotguns

• USPS allows unlicensed individuals to mail long guns (rifles and shotguns) to FFL holders or to themselves in another state for lawful purposes like hunting.

• The firearm must be unloaded, packaged securely, and marked “Return Service Requested.”

• You cannot use USPS to ship handguns unless you are an FFL.

 

Shipping Handguns

• Unlicensed individuals cannot ship handguns via USPS.

• To ship a handgun, you must use a common carrier like UPS or FedEx—but most now require you to be an FFL.

• FedEx and UPS policies prohibit handgun shipments from non-licensees.

 

Shipping to Yourself (for travel or lawful use)

• You may ship a firearm to yourself in another state, addressed to your name and marked “in care of” someone else—only you may open the package.

• This is legal for purposes like hunting or shooting events, but documentation may be required.

 

Drew's Note:

“I’ve had folks call in a panic after trying to mail Grandpa’s pistol from out of state. Trust me—don’t guess. USPS won’t touch handguns from private individuals, and UPS wants an FFL involved. If you’re not sure, call us. We’ll walk you through it and make sure you don’t accidentally break a federal law over a family heirloom.”

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Unlicensed Persons Selling Firearms

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Can an unlicensed individual legally sell a firearm?

Yes, under specific conditions. Federal law permits unlicensed individuals to sell firearms from their personal collection to residents of their own state, provided they do not know or have reason to believe the buyer is prohibited from possessing firearms.

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New ATF Rule: “Engaged in the Business”
Under the ATF’s updated definition (2023R-05F), individuals who repetitively sell firearms—especially for profit—may now be considered engaged in the business and required to obtain a Federal Firearms License (FFL). You could fall under this rule even if you're not earning your primary income from firearm sales.

• Advertising or offering guns for sale to strangers

• Regularly selling shortly after acquisition

• Maintaining a stock of firearms or dealing in new/like-new condition

 

If you're unsure whether your activity qualifies, it's wise to speak with a qualified FFL or attorney before proceeding.

 

Are background checks or ATF Form 4473 required for private sales?
No—federal law does not require background checks or the use of ATF Form 4473 for private, in-state sales between unlicensed individuals. However, some states do require background checks for private transfers, so it’s important to check your local and state regulations.

 

Can I sell a firearm to someone in another state?
No—unlicensed individuals cannot transfer firearms directly to unlicensed individuals in other states. Any interstate transfer must go through a federally licensed dealer (FFL) in the recipient's state.

 

Drew's Note:
“We’ve seen this get people in trouble. Even if you're not ‘in business’ in the traditional sense, if you’re flipping guns often, ATF might see it differently. It’s better to ask questions now than risk a visit later.”

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Unlicensed Persons Inheriting Firearms

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Can an unlicensed individual legally inherit a firearm?

Yes, under federal law, firearms can be legally transferred to an heir as part of an estate. If both parties reside in the same state, the transfer typically does not require an FFL, though state laws may vary.

 

What if the heir lives in a different state?
If you are inheriting a firearm from a person in another state, the normal interstate transfer rules do not apply.  The executor of the will can transfer the firearm to you without going through an FFL.  This also applies to interstate inheritance.  The only issue is that the receiver (you) must lawfully be able to possess a firearm in your state of residence.  If you are ineligible to possess a firearm, the executor cannot transfer the firearm to you.

 

Do inherited firearms need to be registered?
Under federal law, there is no registration requirement for most inherited firearms. However, National Firearms Act (NFA) items—like suppressors or short-barreled rifles—must be transferred using ATF Form 5.

 

Drew's Note:
“Inheritance can get tricky, especially when multiple heirs or states are involved. If you’re unsure whether the firearm is legal—or even what it is—just call us. We can walk you through it.”

Download our free Estate Firearms Guide to learn what to do when guns are part of an estate.

Read our BLOG with solid information on Inherited Firearms

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Can I Give a Gun as a Gift?

 

Is it legal to give someone a gun as a gift?

Yes, in many cases it is legal to gift a firearm to a friend or family member—provided the recipient is not prohibited from possessing firearms and the transfer complies with state and federal law.

 

Are background checks required for gifts?
Federal law does not require background checks for in-state, non-commercial gifts between unlicensed individuals. However, some states do require transfers to go through an FFL.

 

Can I mail a gun as a gift?
No. You may not mail a firearm directly to a recipient in another state unless it goes through an FFL. Interstate gifting must follow the same rules as a sale—via an FFL.

 

Drew's Note:
“Giving your grandson a shotgun for his birthday? Totally fine in Missouri—just make sure he’s of age and not prohibited. Crossing state lines? That’s a different story.”

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How to Sell a Gun in Missouri: Private Sale Rules for Unlicensed Persons

 

Is it legal to sell a firearm without a license in Missouri?

Yes, Missouri allows private firearm sales between residents without the need for an FFL. However, the seller must not have reason to believe the buyer is a prohibited person.

 

Do I need to register the sale?
No. Missouri does not require firearms to be registered or for private sales to be recorded. Still, keeping a bill of sale is a good practice for your own protection.

 

What if I want to sell to someone out of state?
Federal law prohibits direct sales to unlicensed individuals in other states. You must ship the firearm to an FFL in the buyer’s state.

 

Drew's Note:

“I often remind folks: selling a firearm to a friend or family member is usually fine. But if you're selling multiple guns in a short period—especially to people you don’t know—that can raise red flags and might be viewed as engaging in the business of dealing by the ATF.”

We also recommend using a Bill of Sale for every private transaction. It helps document the exchange and may provide some protection by showing you took reasonable steps to avoid selling to a prohibited person.
You can download a RECORD of FIREARMS TRANSFER BETWEEN UNLICENSED PERSONS from the ATF we use:

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What is the minimum age to buy, own, or carry a firearm in Missouri?

Missouri law does not set a minimum age for possessing firearms. However, federal law takes precedence in many cases, and it's important to understand how the rules differ between handguns and long guns:

• Handgun Possession (Under Federal Law): You must be 18 years or older to legally possess a handgun. There are exceptions for activities like target shooting or hunting under adult supervision.

• Handgun Purchase from a Dealer: Federal law prohibits the sale of handguns by licensed dealers to anyone under 21 years of age.

• Rifles & Shotguns: Federal law allows individuals 18 and older to purchase and possess rifles and shotguns from licensed dealers.

• Private Sales: Missouri does not regulate private gun sales by age, but selling a firearm to a minor without parental or guardian consent may be considered reckless and is prohibited.

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Can a minor openly carry a firearm in Missouri?

There is no Missouri law expressly prohibiting minors from openly carrying firearms. In fact, a 2023 attempt to restrict this was voted down in the state legislature. That said, federal handgun restrictions still apply, and local jurisdictions may impose additional rules.

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How old do you have to be to carry a concealed weapon in Missouri?

Missouri is a permitless carry state, which means most adults can legally carry a concealed handgun without a permit. However:

• The minimum age for permitless concealed carry is 19, or 18 if you're a member (or honorably discharged veteran) of the U.S. Armed Forces.

• If you wish to obtain a Missouri Concealed Carry Permit (which may be useful for traveling to other states), the same age requirements apply: 19, or 18 with military qualifications.

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Drew’s Note:

Navigating age laws around firearms can feel like a legal maze, especially when federal and state rules don’t quite line up. In Missouri, it’s surprisingly permissive—but that doesn’t mean you should skip the research.

For example, a 17-year-old can legally possess a rifle under supervision, but can’t legally buy a handgun from a dealer until they’re 21—even though they might be allowed to carry it openly depending on the local jurisdiction.

Bottom line: Know the difference between possession, purchase, and carry. And when in doubt, call a trusted FFL (like us) or speak to a qualified attorney. We’re here to help you stay legal and stay safe.