To sell a gun in Virginia, you and your buyer have to meet at a licensed firearms dealer who runs a background check on the buyer before the firearm changes hands. That rule applies to every private sale, whether the gun is a handgun, rifle, or shotgun.1Virginia Code Commission. Code of Virginia 18.2-308.2:5 – Criminal History Record Information Check Required to Sell Firearm; Penalty Skipping the dealer is a Class 1 misdemeanor for both parties, punishable by up to 12 months in jail and a $2,500 fine.2Virginia Code Commission. Code of Virginia 18.2-11 – Punishment for Conviction of Misdemeanor
The Background Check Requirement
Virginia law prohibits selling a firearm for money, goods, services, or anything else of value without first getting verification through a licensed dealer that the buyer has cleared a criminal history record information check.1Virginia Code Commission. Code of Virginia 18.2-308.2:5 – Criminal History Record Information Check Required to Sell Firearm; Penalty There is no long-gun exemption. There is no friends-and-family exemption for sales.
Only three narrow situations sit outside this requirement:
- Sales to an authorized representative of the Commonwealth or a local subdivision as part of an official voluntary buyback or give-back program.
- Sales at a firearms show where the Virginia State Police have conducted the background check directly rather than routing it through a dealer.
- Sales conducted under certain provisions of Virginia Code § 59.1-148.3, which governs disposal of unclaimed or forfeited property.
The statute covers sales specifically, so a true gift, with nothing of value received in return, falls outside its language. Federal prohibited-person rules still apply to any transfer, gift or not.
Steps to Complete the Sale
Call ahead before you drive anywhere. Not every Federal Firearms Licensee handles private transfers, and those that do charge different service fees on top of the state’s background check fee.
Once you and the buyer are at the shop, the buyer fills out ATF Form 4473, which asks for personal information and eligibility questions covering criminal history, mental health, drug use, and other disqualifying factors.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record ATF Form 4473 The buyer also completes the Virginia Firearms Transaction Record (Form SP-65), which requires name, date of birth, a government-issued photo ID, and a signature consenting to the criminal history check.4Virginia State Police. Procedures Manual for Firearm Dealers
The dealer submits the buyer’s information through the Virginia Firearms Transaction Program, which queries the National Instant Criminal Background Check System along with Virginia databases. Most results come back within minutes. Virginia law sets the state background check fee at $2 for Virginia residents and $5 for non-residents.5Virginia State Police. Virginia Firearms Transaction Program The dealer’s own transfer service fee is separate and varies by shop.
An approved result lets the dealer complete the transfer, and the buyer leaves with the firearm. A denial stops the sale. A delayed result means the dealer has to wait for a final determination before releasing the gun.
Who You Cannot Legally Sell To
The background check is designed to catch buyers who are legally barred from owning a firearm, but knowingly selling to someone you know is prohibited adds criminal exposure on top of the background-check requirement. It helps to know the main categories.
Under Virginia law, anyone convicted of a felony is prohibited from possessing or transporting firearms or ammunition.6Virginia Code Commission. Code of Virginia 18.2-308.2 – Possession or Transportation of Firearms, Firearms Ammunition, Stun Weapons, Explosives, or Concealed Weapons by Convicted Felons Certain juvenile adjudications for serious offenses such as murder, kidnapping, armed robbery, or rape also trigger a long-term or permanent prohibition.
Protective orders create temporary but absolute bars. A person served with a preliminary protective order cannot transport or purchase a firearm, and someone under a final protective order cannot possess, transport, or purchase one.7Virginia Courts. Federal and State Firearms Law: Domestic Violence Offender Gun Ban A conviction for assaulting a spouse, former spouse, or co-parent bars possession for three years from the conviction date. A person subject to an Emergency Substantial Risk Order (Virginia’s red flag order) cannot purchase, possess, or transport a firearm for the duration of the order and must surrender any firearms already in their possession to law enforcement.8Virginia Code Commission. Code of Virginia 19.2-152.13 – Emergency Substantial Risk Order
Federal law adds further categories, including fugitives, unlawful users of controlled substances, people adjudicated mentally defective or committed to a mental institution at age 16 or older, people unlawfully in the United States, and anyone dishonorably discharged from the military.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The dealer’s check runs against these categories automatically.
Creating a Bill of Sale
Virginia does not require a bill of sale for private firearm transfers, but writing one protects you. If the gun later shows up in a crime or a dispute, a signed bill of sale proves you no longer owned it as of a specific date. Without it, the dealer’s transfer record is your only paper trail.
A useful bill of sale includes both parties’ full names and addresses, the date of the sale, the firearm’s make, model, caliber, and serial number, the sale price, and both signatures. The SP-65 form the dealer completes already captures buyer identification, firearm category, and dealer information,10Virginia.gov. Virginia Firearms Transaction Record but a separate bill of sale gives you a copy you control directly. Keep it indefinitely.
Selling Through a Dealer Instead
If you would rather not find a buyer yourself, a dealer can handle it two ways.
With consignment, the dealer displays and markets the firearm on your behalf, runs the buyer’s background check when someone shows interest, and pays you when it sells. The commission is often around 15% or a flat fee depending on the shop. You wait for a buyer but keep more of the price.
A direct sale to the dealer, for cash or trade-in credit, pays you right away at a lower number, because the dealer needs margin to resell. Either route puts all legal compliance on the dealer, so you carry no personal responsibility for verifying the eventual buyer’s eligibility.
Selling to an Out-of-State Buyer
A private in-person sale across state lines is not an option. Any firearm transfer between residents of different states has to go through licensed dealers on both ends: the firearm ships from a Virginia FFL to an FFL in the buyer’s state, and the buyer completes Form 4473 and the background check there under that state’s laws.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide You cannot legally hand the gun to an out-of-state buyer in person, even if you both walk into a Virginia dealer together.
Handguns can only be shipped by a licensed dealer through common carriers such as FedEx or UPS. Unlicensed individuals can mail unloaded rifles and shotguns to a licensed dealer, manufacturer, or importer through USPS, provided the mail class includes tracking and signature confirmation on delivery.12Postal Explorer. 432 Mailability USPS may require written certification or inspection to confirm the firearm is unloaded.
If a Firearm You Own Is Lost or Stolen
Separate from selling, Virginia law requires you to report a lost or stolen firearm to a local law enforcement agency or the Virginia State Police within 48 hours of discovering the loss or learning about it from someone with firsthand knowledge.13Virginia Code Commission. Code of Virginia 18.2-287.5 – Reporting Lost or Stolen Firearms; Civil Penalty Antique firearms are exempt. Failing to report carries a civil penalty of up to $250, and the police report protects you if the weapon later turns up at a crime scene.
Penalties for an Illegal Sale
Selling a firearm without running a background check through a dealer is a Class 1 misdemeanor under § 18.2-308.2:5, and so is buying one that way. Each carries up to 12 months in jail and a fine of up to $2,500.2Virginia Code Commission. Code of Virginia 18.2-11 – Punishment for Conviction of Misdemeanor The seller and the buyer are charged independently.1Virginia Code Commission. Code of Virginia 18.2-308.2:5 – Criminal History Record Information Check Required to Sell Firearm; Penalty
Federal exposure is heavier. Transferring a firearm across state lines outside the dealer-to-dealer process, selling to someone you know or should know is a prohibited person, or making false statements on ATF Form 4473 can each bring federal felony charges with penalties up to 15 years in prison and fines up to $250,000.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record ATF Form 4473 If a gun you sold without a background check ends up with a prohibited person, you may face both the state misdemeanor and federal charges if prosecutors can show you knew or should have known.