Transfers between private individuals

Under current federal law and current Tennessee law private individuals are allowed to buy and sell firearms (excluding NFA items) directly without any required paperwork or background check. There are some specific rules that you must follow, and there are risks associated with privately selling a firearm especially if it is sold to a person who would not be allowed to possess a firearm or if that firearm was used in the commission of a crime- you could be faced with a crime yourself.

Allowing a Federal Firearms Licensee to handle the transaction for you protects everyone involved.

The following are procedures for private sales IN THE STATE OF TENNESSEE and are NOT TO BE CONSTRUED AS LEGAL ADVICE. The laws are constantly changing and it is your responsibility to make sure you are lawfully buying or selling a firearm to or buying from a private seller.

Private Party- Buying and Selling

  • Both the buyer and seller must reside in Tennessee
  • The buyer must be of legal age to own the type of firearm
    Pistols (and lower receivers) : 21 years of age Federal Law / 18 per TN Law
    Long Guns (Rifles, Shotguns): 18 years of age
  • The seller cannot sell to a buyer who is:
    • A convicted felon or under indictment for a felony
    • Convicted of a felony drug offense

While not required, it is a good idea to keep a record of private sales in a secure location. It is advised that you record the buyer’s name, address, date of birth, and driver’s license or state ID number and expiration date. Why?

If the person you sell your firearm to were to use it in the commission of a crime and recovered, law enforcement can track the chain of ownership of that firearm from the manufacturer to the distributor, to the store or website where it was purchased and potentially back to you. If you do not have some sort of proof that you sold that firearm, you could face some severe legal battles.

Let us alleviate that risk

By allowing a Federal Firearms Licensee to intervene in a private sale a proper record of the transfer is maintained and a criminal background check is performed insuring that you are not selling to a prohibited person. If the buyer is approved, their information is recorded in the licensee’s record and can be accessed should the firearm later be used in the commission of a crime.

What is the procedure?

When you have found a potential buyer for your firearm, give us a call at 423-553-7722 or contact us via our online form and arrange a time to bring your firearm to us. It is best to have both the buyer and seller come to our office at the same time. The paperwork and background check typically take 10 minutes or less (depending on how quickly the background check comes back from the TBI). The potential purchaser will fill out a Firearms Transaction Record (known as a form 4473) and a background check will be performed.

If the buyer is approved, we will record both the buyer’s and seller’s information in our books and the buyer can leave with the firearm.

If the seller leaves the firearm with us and does not remain present before the transfer to the buyer is complete, we must record your information in our books. If the sale falls through or the buyer is denied, you will have to fill out the paperwork and undergo a background check to get your firearm back. If you are both present and the transaction does not proceed, the seller is free to leave with his or her firearm without any additional paperwork.

Please note that all firearms must leave with a child safety lock! You may provide one to your buyer or we have locks available for purchase for $6-10 depending on the type and size of lock.

We charge $40 for this service. $30 for the paperwork and the Tennessee Bureau of Investigation receives $10 for the criminal check.