July 18, 2025

Navigating Firearm Transfers: How to Legally Lend, Gift, or Sell a Gun

Firearm ownership in the United States is governed by a range of federal, state, and local laws, which can complicate the process of inheriting, lending, gifting, or selling firearms. Whether you're passing down a family heirloom or transferring a firearm to a friend, understanding the legalities is crucial to ensuring compliance with the law.

Inheriting Firearms
When it comes to inheriting firearms, federal law allows individuals to inherit firearms from a deceased relative without the need for a federal background check, provided the heir is legally eligible to own firearms. However, state laws vary, and some states may have additional requirements or restrictions for firearm inheritance.

For example, in states like California, a background check is required for the transfer of firearms, even if they are inherited. It’s important for the heir to check state-specific rules before taking possession of an inherited firearm to avoid running afoul of local laws.

Lending Firearms
Lending a firearm is a common practice among gun owners, but it must be done with caution. Under federal law, it’s legal to temporarily lend a firearm to someone who is legally eligible to own one, provided the gun is not used for an unlawful purpose and the loan does not extend beyond a certain period.

For example, if you lend a firearm to a friend for a weekend shooting trip, the borrower must be legally permitted to own firearms. Some states, such as California, have stricter rules and require background checks or registration for temporary transfers, so it’s important to be aware of your state's regulations.
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Gifting Firearms
Gifting a firearm is also legal, but there are a few important rules to follow. Federal law requires that any firearm transfer-whether a gift, sale, or trade-between individuals who live in different states must go through a Federal Firearms License (FFL) dealer. This means that if you're gifting a firearm to someone who resides in another state, the gun must be transferred through an FFL dealer, who will conduct a background check on the recipient.

If both the giver and recipient live in the same state, the transfer can often be done directly between them, but state laws may impose additional requirements such as background checks or a waiting period.

Selling Firearms
Selling a firearm is one of the most regulated types of firearm transfer. Under federal law, private sales of firearms between individuals are allowed, but they must follow certain guidelines. In general, selling a firearm to someone who is not a licensed dealer or not eligible to own a firearm is illegal.

If you're selling a firearm to a buyer in another state, you must involve an FFL dealer, who will handle the transfer and perform a background check. Additionally, some states require private sellers to conduct background checks even for in-state sales, so it’s important to check local laws before completing a sale.

Conclusion
Whether you're inheriting, lending, gifting, or selling a firearm, understanding the legal framework surrounding these transfers is essential to avoid legal issues. Always check both federal and state laws to ensure compliance, and when in doubt, consult an attorney or an FFL dealer to guide you through the process. Properly handling firearm transfers helps protect you and ensures the safe, legal circulation of firearms.