To transfer a gun in NC, you have two basic paths: a private transfer directly between two North Carolina residents, which requires no permit and no background check, or a transfer through a Federal Firearms Licensee, which involves ATF Form 4473 and a NICS background check. Which path you use is not a choice in every case. Interstate transfers, sales to strangers you can’t verify, and any transfer of a suppressor or other NFA item have to run through a dealer or through ATF directly. The rest of this guide walks through each situation and what the law requires of you in it.
Confirm the Recipient Can Legally Receive a Firearm
Before anything else, you need to be confident the person receiving the firearm is legally allowed to have one. Federal law makes it a crime to transfer a firearm to someone you know, or have reasonable cause to believe, is prohibited.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That standard is low. A red flag you ignore can become your problem.
Under 18 U.S.C. ยง 922, the following people cannot receive or possess any firearm:
- Anyone convicted of a crime punishable by more than one year in prison
- Anyone under indictment for a felony
- Anyone who unlawfully uses or is addicted to a controlled substance
- Anyone a court has found mentally incompetent or who has been committed to a mental institution
- Anyone convicted of a misdemeanor crime of domestic violence or subject to a domestic violence restraining order
- Anyone discharged from the military under dishonorable conditions
- Anyone who has renounced U.S. citizenship
North Carolina layers on the Felony Firearms Act, which bars any person convicted of a felony in any jurisdiction from purchasing, owning, or possessing a firearm in the state. A violation is a Class G felony.2North Carolina General Assembly. North Carolina General Statutes Chapter 14, Article 54A, Section 14-415.1
Age Rules
Licensed dealers cannot sell a handgun to anyone under 21 or a long gun to anyone under 18. These are federal minimums.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
For private transfers, federal law prohibits anyone under 18 from possessing a handgun, with narrow exceptions for supervised activities like hunting, ranching, and formal firearms instruction.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts North Carolina makes it a Class 1 misdemeanor for any minor to possess or carry a handgun and a Class H felony for any adult to transfer a handgun to a minor.3North Carolina General Assembly. North Carolina General Statutes 14-269.7 – Prohibitions on Handguns for Minors Federal law does not set a minimum age for privately transferring a long gun, but you still need to confirm the recipient is not otherwise prohibited.
Private Transfers Between Two NC Residents
A private transfer covers any sale, trade, or gift of a firearm between two people who are not licensed dealers and who both live in North Carolina. Since the state repealed its pistol purchase permit system in 2023, no permit or background check is required for either handguns or long guns.4NCDOJ. Attorney General Josh Stein Statement on Pistol Purchase Permit Repeal
What you should still do:
Check ID. Ask to see the buyer’s valid North Carolina driver’s license or state-issued ID. You are checking that they are who they say, that they are old enough, and that they actually live in North Carolina. An out-of-state buyer cannot legally receive a firearm through a private transfer in the state.
Ask about a Concealed Handgun Permit. A valid NC CHP is not required, but it tells you the permit holder passed a background check when the permit was issued.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart It’s not a guarantee nothing has changed since, but it adds confidence.
Write a bill of sale. The state doesn’t require one. Create one anyway. Include the date, both parties’ full names and addresses, and the firearm’s make, model, caliber, and serial number. Both parties sign, both keep a copy. If the firearm later shows up in a crime or ownership becomes disputed, this document is your proof that you transferred it lawfully.
If a firearm you already sold is later stolen from the new owner, you have no reporting obligation. As a private citizen, ATF does not accept theft reports from you; the new owner reports the theft to local police.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Report Firearms Theft or Loss
Transfers Through a Licensed Dealer
A Federal Firearms Licensee handles the transfer whenever you buy from a dealer’s inventory or have a firearm shipped in from out of state. Both scenarios follow the same procedure.
Form 4473 and NICS
At the dealer’s location, you fill out ATF Form 4473, the Firearms Transaction Record. The form asks eligibility questions that track the federal prohibited-person categories. You must answer them yourself and certify they are true. Lying is a federal felony carrying up to 10 years in prison.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 44738Office of the Law Revision Counsel. 18 USC 924 – Penalties
The dealer verifies your photo ID and submits your information to the National Instant Criminal Background Check System. NICS returns one of three results:9Federal Bureau of Investigation. Firearms Checks (NICS)
- Proceed: the transfer can be completed immediately.
- Delayed: NICS needs more time. If no denial comes back within three business days, the dealer may complete the transfer, though many wait for a final answer.
- Denied: the transfer cannot go forward. You have appeal rights.
Buyers between 18 and 20 face an extra step. The Bipartisan Safer Communities Act requires NICS to check juvenile records for that age group, and if the initial check raises a flag, the waiting period can extend up to 10 business days.10Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions
Using a Concealed Handgun Permit Instead of NICS
If you hold a valid North Carolina Concealed Handgun Permit, the dealer can accept it in place of running a live NICS check, because the permit itself required a background investigation.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart Dealers still have discretion to require a NICS check anyway.
Transfer Fees
Dealers charge for handling the paperwork, typically $20 to $75, with more common for after-hours pickups or multiple firearms. Call ahead before having anything shipped to a particular dealer.
Interstate Transfers
If the buyer and seller live in different states, the transfer must go through a licensed dealer in the buyer’s home state. Federal law prohibits any non-dealer from transferring a firearm to a resident of another state.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide The seller ships to an FFL in the buyer’s state, and the buyer does Form 4473 and NICS there.
One narrow exception: you can lend a firearm temporarily to someone from another state for lawful sporting activities like hunting or target shooting, without an FFL.12Office of the Law Revision Counsel. 18 USC Chapter 44 – Firearms Temporary is the key word. A permanent gift or sale across state lines always requires a dealer.
Gifts and Inherited Firearms
Giving a firearm as a gift to another North Carolina resident follows the same rules as a private sale. No background check, but the recipient has to be legally eligible. If the recipient lives out of state, the firearm goes to an FFL in that state.
A genuine gift is not a straw purchase. It becomes a straw purchase when someone gives you money to buy a firearm on their behalf, especially if that person could not pass a background check themselves. Form 4473 asks whether you are the actual buyer, and answering falsely is a federal crime.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 4473
For inherited firearms, the executor of the estate handles the transfer. For standard (non-NFA) firearms passing to a North Carolina beneficiary, no background check is required. The executor still cannot transfer to anyone who is prohibited from possessing firearms.2North Carolina General Assembly. North Carolina General Statutes Chapter 14, Article 54A, Section 14-415.1 If the heir lives out of state, the firearm must be shipped to an FFL in that state.
For NFA items in an estate (suppressors, short-barreled rifles, and the like), the executor files ATF Form 5 for a tax-exempt transfer to a lawful heir. The heir submits fingerprints on FBI Form FD-258 with the application, and ATF will deny the transfer if the heir is prohibited under any federal, state, or local law.13Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates
Transferring NFA Items
Suppressors, short-barreled rifles, short-barreled shotguns, machine guns, and destructive devices are regulated under the National Firearms Act. Their transfer process has nothing in common with a standard sale.14Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook Chapter 2 – What Are Firearms Under the NFA
As of January 1, 2026, the federal tax stamp for NFA transfers is $0, down from $200, under the One Big Beautiful Bill Act. ATF approval is still required. The buyer (or the buyer’s trust) submits ATF Form 4 with photographs, fingerprints, and a responsible-person questionnaire if a trust is involved. ATF runs its own background check, separate from NICS.
Processing times in early 2026 are far faster than they used to be. ATF reports electronically filed Form 4 applications running about 10 to 11 days, with paper filings around 24 to 28 days.15Bureau of Alcohol, Tobacco, Firearms and Explosives. Current Processing Times Do not take possession of an NFA item before your Form 4 comes back approved. Early possession is a federal felony.
Shipping a Firearm for a Transfer
Non-licensees can mail rifles and shotguns through the U.S. Postal Service to a recipient in the same state or to an FFL in another state. Handguns cannot go through USPS at all except for licensed manufacturers, dealers, and importers.16United States Department of Justice. Constitutionality of 18 USC 1715
To ship a handgun, you use a common carrier like UPS or FedEx. Both generally require the shipper to be an FFL or to have a pre-existing shipping agreement, so most private sellers bring the handgun to a local dealer and pay that dealer to ship it to another FFL in the buyer’s state. The receiving FFL then runs Form 4473 and NICS before releasing the firearm.
Whatever the carrier, you must declare that the package contains a firearm. Shipping an undeclared firearm is a federal offense.
Penalties for Getting a Transfer Wrong
The consequences are severe, and not knowing the rule is not a defense.
- Knowingly transferring a firearm to a prohibited person: up to 10 years in federal prison.17Congress.gov. Gun Control: Straw Purchase and Gun Trafficking Provisions in PL 117-159
- Straw purchase: up to 15 years, rising to 25 years if the firearm is intended for use in a felony, terrorism, or drug trafficking.17Congress.gov. Gun Control: Straw Purchase and Gun Trafficking Provisions in PL 117-159
- Transferring a firearm to a resident of another state without going through an FFL: federal crime.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
- False statement on Form 4473: up to 10 years.8Office of the Law Revision Counsel. 18 USC 924 – Penalties
- Selling or giving a handgun to anyone under 18 in North Carolina: Class H felony.18North Carolina General Assembly. North Carolina General Statutes 14-315 – Selling or Giving Weapons to Minors
Courts can also order forfeiture of firearms and impose fines up to twice the gross proceeds of an illegal transaction, and any state charges North Carolina brings stack on top.
What to Do If a NICS Check Is Denied
If a background check comes back denied and you believe the result is wrong, you can challenge it through the FBI. Only denials can be appealed. A delayed check that eventually times out is not eligible.19Federal Bureau of Investigation. Challenges / Appeals – Requesting Reason for and/or Challenging a NICS-Related Denial
The fastest option is filing online at edo.cjis.gov. You will need the NICS Transaction Number or State Transaction Number from the denied check, which the dealer can give you. The system walks you through identifying what you believe is inaccurate and lets you upload documents. Submitting a fingerprint card is not required but is strongly recommended, because it helps the FBI distinguish your records from someone with a similar name.
The FBI must respond within 60 calendar days, either sustaining the denial, overturning it, or letting you know the review is still open. If overturned, you return to the dealer to complete the transfer. Mail submissions to the FBI CJIS Division in Clarksburg, West Virginia are also accepted, but they take longer.