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Buying and Selling a Firearm to a Private Party Individual in Virginia

01/12/2021
Buying and Selling a firearm to an individual in Virginia

Virginia’s new Universal Background Check law requires that if any Virginia resident wishes to sell a firearm to another person — such as a neighbor or friend — a background and criminal history check must be performed on the buyer before he or she can obtain the weapon. These transactions are commonly referred to as “private party” or “person to person” local gun sales.

K3 Armory is a licensed FFL Dealer located in Chesterfield, VA and offers FFL transfer services for private party gun sales, local private-party gun purchases, person to person firearm sales, local FFL dealer transfers and background checks in the Chesterfield, Richmond, Midlothian, Chester, Powhatan, Amelia Court House and Mosley areas of Virginia.

Unfortunately, private party sellers/individuals do not have the ability to conduct complete background checks on potential buyers. This leaves private sellers with no way to confirm whether or not the person to whom they are selling the firearm is prohibited from possessing it or not. Indeed, many of these sellers may not even be aware of all the circumstances that prohibit someone from possessing a firearm.

To solve this, as of July 1, 2020 all firearm sales in Virginia, whether they are purchased from a Federal Firearm Licensee (FFL) Dealer OR from an unlicensed private-party seller, require a universal background check. This means that a licensed FFL Dealer like K3 Armory is now needed facilitate private party, person-to-person gun sales in Virginia.

FFL facilitated sales between two private individuals are subject to the same rules and regulations as any other sale conducted by an FFL Dealer. In all cases, the prospective buyer must complete their required portion of a Firearms Transaction Record, ATF Form 4473. The FFL Dealer will then conduct a background and criminal history check on the buyer.

Background checks will apply anytime there is a transaction made where something is being traded in value for a firearm. In other words, if a gun is being sold for money or even traded for something else of value, then a background check must be conducted on the buyer/recipient of the gun.

Some exemptions do apply. For example, a family member who owns an existing firearm and wishes to give it to another family member as a gift — such as a husband to his wife — will remain exempt. In this case no FFL Dealer need be involved and no background check is required.

A person who sells a firearm to another person without obtaining the required background check is guilty of a Class 1 misdemeanor. A purchaser who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor.

The average time for a background check is less than five minutes. Virginia-based FFL Dealers charge a fee this FFL Transfer service. The fee is usually paid by the buyer/recipient and is paid directly to the FFL Dealer for their time and the cost they incur from the Virginia State Police to the background check system.

K3 Armory charges $17 to facilitate private party (person-to-person) transactions/background checks (available for Virginia residents only). Paid directly to K3 Armory (usually by the Buyer). We accept credit/debit cards or cash only.

Visit our Private Party Sale FFL Transfer service page to learn complete details about this process and to scheudle your transfer appointment.

IMPORTANT: The FFL Dealers will not participate in, negotiate or handle any payments between the private party individuals. Their purpose is to ONLY complete the proper paperwork and run the background check. All terms of the sale and actual exchange of funds/goods/services for the firearm being sold will still be handled privately between the Buyer and Seller - completely independent of the FFL Dealer.