Is a private sale at a gun show legal?

It depends on your state. Federal law does not require background checks for private sales between two non-dealer residents of the same state. Roughly 20 states require background checks on private sales (universal background check states), and several others require them only at gun shows. In the remaining states a private sale at a gun show is legal between residents.

Which states require background checks on private sales?

As of 2026: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania (handguns only), Rhode Island, Vermont, Virginia, Washington, plus DC. A few additional states (Maine, North Carolina) have partial requirements. Check the current law before you buy.

Can I buy a handgun from a private seller from another state at a show?

No. Federal law (Gun Control Act of 1968) requires interstate firearm transfers to go through a federally licensed dealer (FFL) in the buyer's state. This applies whether the sale is at a gun show, online, or face to face. The dealer runs the background check and handles the paperwork.

Why bother with a bill of sale if my state allows private sales?

Three reasons. First, if the firearm is later used in a crime, you have proof of when ownership transferred. Second, your homeowners insurance may require proof of ownership for stolen property claims. Third, if the buyer turns out to be a prohibited person and you should have known, a documented sale with ID verification is your best defense.

What ID should I check on the buyer?

A state-issued driver's license or ID showing the buyer is a resident of your state, and is at least 18 (long guns) or 21 (handguns) under federal law. Some states have higher minimum ages. Photograph the ID or write down the number on the bill of sale. Refuse the sale if the buyer is from another state, is impaired, or seems evasive about why they want the firearm.

Buying a Firearm at a Gun Show

Gun shows mix licensed dealers, private sellers, and out-of-state vendors under one roof. The rules for each are different, and "I bought it at a gun show" is not a legal category. Here is what is actually allowed where you live, and the paperwork that protects you on a private sale.

Two kinds of sellers, two sets of rules

Federally licensed dealers (FFLs) at the show must run a background check on every buyer through the FBI NICS system. This applies whether the buyer is from your state or another. The dealer fills out ATF Form 4473, calls in the check, and either approves, delays, or denies. The buyer pays a small transfer fee.

Private sellers at the show are not licensed dealers. Federal law does not require them to run a background check. State law may. If your state has a universal background check requirement, the private seller must use a licensed dealer to process the sale, even at a gun show.

States that require background checks on private sales

As of early 2026, these states require background checks on most or all private firearm transfers:

California, Colorado, Connecticut, Delaware, Hawaii, Illinois
Maryland, Massachusetts, Michigan, Minnesota
Nevada, New Jersey, New Mexico, New York
Oregon, Rhode Island, Vermont, Virginia, Washington
Pennsylvania (handguns only)
Washington DC

In these states a private seller at a gun show must route the sale through an FFL on site. The dealer runs the check and charges a transfer fee.

The interstate rule that closes the "loophole" anyway

Even in states without universal background checks, you cannot buy a firearm from a private seller who lives in another state at a gun show. Federal law requires interstate transfers to go through an FFL in the buyer's state of residence. The buyer can take possession only after a background check by that dealer.

This means a Texas resident at a Texas gun show cannot legally buy from an Oklahoma private seller without involving an FFL. The fact that they are face to face does not change the law.

What to ask before money changes hands

Are you a licensed dealer or a private seller?
Are you a resident of this state?
Is this firearm legal to own and transfer here? (Some states restrict certain models, magazine capacities, suppressors)
Is the firearm stolen or has it ever been part of a police investigation?

Run the serial number through your state's stolen-property database if available. The seller's willingness to write a bill of sale and show ID is a strong signal of good faith.

The bill of sale for a private firearm transfer

Even where not required by law, both buyer and seller should sign a bill of sale that includes:

Make, model, caliber, and serial number of the firearm
Buyer and seller full names and addresses
Buyer and seller driver's license numbers and states
Date and location of sale
Sale price
An acknowledgment that the buyer is not a prohibited person under federal law
An "as-is" clause

Keep your copy for the life of the firearm and beyond. If the firearm is later used in a crime, ATF will trace it and the trail ends with whoever last sold it. A bill of sale shows the trail continued past you.

Prohibited persons under federal law

Federal law prohibits selling or giving a firearm to anyone who:

Has been convicted of a felony or domestic violence misdemeanor
Is under indictment for a felony
Is a fugitive, an illegal alien, or has been dishonorably discharged
Has been adjudicated mentally defective or committed to a mental institution
Is subject to certain restraining orders
Is an unlawful user of a controlled substance (including state-legal marijuana)

If you "knew or should have known" the buyer was prohibited, you face federal prosecution. A clear bill of sale with ID and a buyer attestation is your defense.

States with extra rules at gun shows

Beyond universal background checks, several states layer on extra requirements:

California, New York, Illinois, Massachusetts: waiting periods (usually 7 to 10 days) before delivery
Hawaii, Illinois, Massachusetts, New York: a permit or license to acquire any firearm
New Jersey: permit to purchase a handgun, FID card for long guns
Connecticut, Maryland: handgun purchase permits

These rules apply to gun-show purchases the same as any other purchase.

Generate a Firearm Bill of Sale - $5 Check Notarization Rules