Do I need a background check for private gun sales?

It depends on your state. Federal law does not require background checks for private in-state transfers, but many states do. Always check your local laws before proceeding.

Can I legally mail a firearm to someone?

Under federal law, you can ship a firearm, but only to a licensed firearms dealer (FFL). The recipient must pass a background check to take possession. Direct person-to-person shipping is not legal.

Are firearm transfers between family members allowed?

Some states allow direct transfers between family members without a dealer, while others require background checks and registration. Always document the transfer, even if it's within your family.

What happens if I transfer a firearm illegally?

Illegal transfers can result in felony charges, fines, loss of gun ownership rights, and civil liability if the gun is used in a crime. Always follow both state and federal laws.

How Do Firearm Transfer Laws Work in the U.S.?

Drew McDermott
Sep 30
3 min read

A Practical Guide for Gun Owners, Heirs, and Estate Professionals

Transferring a firearm in the United States isn’t always as simple as handing it over. Federal law from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overlaps with a patchwork of state level rules, which means the “right way” can change depending on where you live, where the recipient lives, and why the transfer is happening.

Whether you’re selling a couple of guns before downsizing, handling firearms in a Missouri house cleanout, or settling an estate with out of state heirs, knowing the transfer laws protects you from expensive mistakes.

What Is a Firearm Transfer?

A firearm transfer is any legal change in ownership or possession from one person to another, sales, gifts, loans, trades, inheritances, or court-directed transfers all count.

Key point: Possession and ownership are not the same thing. You can have a gun in your hands but not legally own it (for example, if it’s part of someone else’s estate or was found in a storage unit you bought).

Wide angle view of a firearms display in a gun shop — A selection of firearms

Federal Firearm Transfer Laws (ATF Guidelines)

Under the Gun Control Act of 1968, the following federal requirements apply:

FFLs (Licensed Dealers) must run a NICS background check before transferring a firearm to a non-licensed individual.
Private sellers are not federally required to run background checks, but some states do require them.
Mailing firearms has restrictions:
- Only FFLs can send handguns via USPS.
- Long guns can be shipped via common carriers, but must be properly documented.
No interstate transfers between unlicensed individuals, these must go through an FFL in the recipient’s state.

Important Note: A Federal Firearms License (FFL) allows licensed dealers to legally transfer, sell, or consign firearms while complying with all ATF background checks and paperwork requirements.

State Law Differences

Every state layers its own requirements on top of federal law. These can include:

Permits for purchase or possession
Waiting periods
Mandatory background checks for private sales
Restrictions on firearm types or magazine capacity
Probate-specific rules for inheritance and transfers

In Missouri:

No registration requirement for most firearms.
No state waiting period.
Private sales are allowed without a background check (unless the buyer is prohibited), but an FFL is required for any interstate transaction.

Transfers Through Inheritance or Probate

If firearms are part of an estate:

Executors/Administrators may temporarily take possession to secure them.
Heirs must still meet federal and state eligibility requirements.
Prohibited persons (felons, certain mental health adjudications) cannot take possession, even if named in a will.
Out-of-state heirs typically must receive firearms through an FFL in their home state.

You should consult a qualified firearms dealer or attorney familiar with probate law to ensure proper handling. Some transfers may require a background check, a 4473 form, or ATF notification, depending on the firearm and location.

Safe, Legal Steps for Any Transfer

Confirm recipient eligibility – Make sure they’re not prohibited under federal or state law.
Check local laws – State and even city ordinances can change the rules.
Use an FFL when required – Especially for interstate transfers or where state law mandates background checks.
Document the transfer – Record the make, model, serial number, and date.
Avoid risky shortcuts – If a firearm later turns up in a crime, law enforcement may come knocking.

High angle view of a firearm safety brochure — A safety brochure

Common Mistakes to Avoid

Selling across state lines without an FFL.
Mailing a firearm without following ATF guidelines.
Passing inherited firearms without paperwork.
Assuming “private sale” means “no rules.”

MDRF Tip, Scenario Examples

We regularly help clients in situations like:

Safe legal way to get rid of guns before moving
How to handle guns during a Missouri house cleanout
What to do with guns after a parent passes away
Selling a couple of guns before downsizing

If you’re unsure in any of these scenarios, the safest option is to involve a licensed dealer who can handle the transfer legally and protect you from liability.

Final Word

Firearm transfer laws can be complicated, and getting them wrong can cost you more than the gun is worth. At MDRF Enterprises, we provide safe, legal, and documented firearm transfers for private owners, estate executors, and professionals across Missouri.

Whether you’re downsizing, settling an estate, or simply moving a firearm to the right hands, we’ll walk you through the process step-by-step.

📞 Contact us today to schedule a consultation or review your situation.

We’re here to help you sell estate firearms legally, safely, and with confidence.

📍 Visit us: 6414A Hampton Ave, Suite #11, Saint Louis, MO 63109

📞 Call: (314) 397-0942

📩 Email: [drew@mdrfenterprises.com]