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How to Sell a Gun in California

2026 Complete Legal Guide

Selling a firearm in California is legal for most law-abiding adults, but the process must follow both federal law and California state regulations. This guide covers what private sellers need to know to sell legally and responsibly.

How to Sell a Gun in California — Quick Overview

  • Who Can Sell: Most law-abiding adults who legally own a firearm may sell it in California
  • Private Sales: Require a background check through a licensed FFL dealer
  • Background Check: Required for all transfers — must go through a licensed FFL dealer
  • Waiting Period: 10 days mandatory for ALL purchases — dealer and private alike
  • Prohibited Transfers: Cannot sell to anyone under 21 or any person prohibited under federal law
  • License Required: Only if you regularly sell for profit (federal FFL required)
  • Gun Registration: Required — all transfers must be reported as required by California law
  • Bill of Sale: Not legally required but strongly recommended — protects the seller from future liability

Who Can Legally Sell a Gun in California

Under federal law and California law, most adults who legally own a firearm may sell it privately. However, the seller bears responsibility for not transferring to a prohibited person.

To legally sell a firearm, a person generally must:

  • Be legally eligible to possess firearms under federal law
  • Be at least 21 years of age
  • Not be engaged in the business of dealing firearms without a federal FFL
  • Sell only to buyers who are eligible to receive firearms

Federal law prohibits certain individuals from possessing or transferring firearms. A seller who knowingly transfers to a prohibited person commits a serious federal crime.

A seller must not transfer a firearm to persons who:

  • Have been convicted of a felony
  • Have been convicted of a domestic violence misdemeanor
  • Are subject to a qualifying restraining or protective order
  • Are unlawful users of or addicted to controlled substances
  • Have been adjudicated mentally defective or committed to a mental institution
  • Are under 21 years of age
  • Are illegal aliens or have renounced U.S. citizenship

Knowingly selling to a prohibited person is a serious federal crime — punishable by up to 10 years in prison and fines up to $250,000. Always verify the buyer’s eligibility.

Understanding these requirements is the essential first step before selling any firearm in California. GunTransfer performs a background check on all buyers and generates a bill of sale that protects the seller.

Age Requirements for Selling a Gun in California

Before completing any gun sale in California, both parties must understand the minimum age requirements.
Selling or trading to a licensed FFL dealer:

21

years old minimum to sell or trade handguns at a dealer

21

years old minimum to sell or trade rifles or shotguns at a dealer
These age requirements apply to all firearm transfers in California. GunTransfer’s bill of sale captures the buyer’s date of birth to help document age compliance and protect the seller.
For private gun sales in California: federal law sets 21 as the minimum age for ALL private firearm transfers. Selling a firearm to anyone under 21 violates federal law — always ask for ID.
Selling directly to a private buyer (private gun sale):

21

years old minimum — all private handgun sales

21

years old minimum — all private long gun sales
California requires a background check for all private firearm sales between eligible adults. GunTransfer’s bill of sale documents the buyer’s date of birth and eligibility acknowledgment — protecting sellers from liability.

Selling a Gun Through a Licensed Dealer in California

Many California residents sell firearms to or through a Federal Firearms Licensee (FFL) dealer, such as a gun store or sporting goods retailer. This is one of the safest options — the dealer handles the buyer’s background check and all required paperwork.

Typical process when selling through a dealer:

1
Bring the firearm to a licensed FFL dealer for appraisal and current market valuation.
2
Choose between a direct cash sale to the dealer or a consignment arrangement.
3
The dealer runs a background check on the buyer — you are not responsible for this step.
4
Complete the dealer’s required paperwork for the transaction.
5
Receive payment once the sale is complete.
6
Ask for a copy of the sale record and keep it for your records.

Selling through a dealer means you are not responsible for vetting the buyer — the FFL handles all required background checks. It is the simplest way to ensure a fully compliant transfer in California.

How to Sell a Gun Privately in California

While private firearm sales are permitted in California, all private transfers must go through a licensed FFL dealer for a background check. Direct person-to-person transfers without a dealer are illegal in California.

Private firearm sales are common when:

  • Selling a used firearm to another gun owner
  • Selling inherited firearms
  • Selling to a friend, family member, or collector

Both buyers and sellers remain responsible for complying with federal firearm laws. The seller must not knowingly transfer to a prohibited person. GunTransfer performs a background check on the buyer and documents the transfer with a legally sound bill of sale.

Although California requires the transfer to go through a licensed FFL dealer, many sellers use GunTransfer to create a clear record that ownership has transferred — protecting them from future liability.

CALIFORNIA GUN SALE QUICK REFERENCE

SALE TYPEBACKGROUND CHECKWAITING PERIODKEY NOTES
Licensed DealerRequired — CA DOJ check10 days21+ for all firearms. FSC required. Handgun Roster applies.
Private Sale (PPT)Required — CA DOJ via FFL10 daysALL private transfers must go through a licensed FFL dealer. Buyer needs FSC.
Online PurchaseRequired at receiving FFL10 daysShips to CA FFL. Handgun Roster compliance required.
Assault WeaponsProhibitedProhibitedBanned in California — may not be purchased, possessed, or transferred.
Magazine > 10 roundsProhibitedProhibitedLarge-capacity magazines prohibited in California.

Step-by-Step Guide on How to Sell a Gun in California

The process for legally selling a firearm in California generally includes the following steps.

1

Confirm your eligibility to sell

Make sure you are legally permitted to possess and transfer firearms under federal and California law.

2

Assess the firearm’s value

Research fair market value using online guides or get a local dealer appraisal.

3

Find a qualified buyer

Locate a buyer through personal contacts or local channels. Both parties must meet at a licensed FFL dealer to complete the transfer.

4

Verify buyer identity and age

Request a valid government-issued photo ID. Confirm the buyer is at least 21 years old. The FFL dealer will verify identity as part of the background check process.

5

Document the transfer with a bill of sale

Use GunTransfer to generate a bill of sale recording both parties, the firearm description, serial number, sale price, and date. GunTransfer also performs a background check on the buyer.

6

File your copy

Store your signed GunTransfer bill of sale securely — it is your permanent proof that the firearm left your possession on a specific date, critical if it is ever questioned.

Selling a gun in California?

We handle the legal part for you.

California requires a licensed dealer for private transfers. We route you to a local FFL at no markup and handle the bill of sale and permanent records for you. Flat $50.

Start Your California Transfer — $50 →Secure checkout · documented in your Vault forever

Why Many Sellers Use GunTransfer

Private firearm sales are permitted in California, but without documentation there is no proof that ownership transferred — leaving the original owner potentially connected to any future incident involving the firearm.

GunTransfer performs a background check on every buyer and generates a complete, legally sound bill of sale — giving both parties documented proof of the transfer.
Using GunTransfer helps sellers:

Document the firearm’s serial number and full description

Record the exact date ownership transferred away from you

Protect yourself from future liability if the gun is later misused

Demonstrate responsible, law-abiding gun ownership

For sellers, a documented GunTransfer bill of sale is proof the firearm left your hands on a specific date — which can be critical if the gun is later lost, stolen, or involved in an incident. GunTransfer makes this documentation simple for every private sale in California.

How to Sell a Gun in California

Waiting Periods and Registration in California

California requires a waiting period of 10 days mandatory for ALL purchases — dealer and private alike for firearm sales. The buyer cannot take possession until this period has elapsed after the sale is approved.

California requires firearm registration. The new owner must register the firearm as required by California law after the transfer is complete.

Use the waiting period to complete all required documentation through GunTransfer.

California Gun Laws Every Seller Should Understand

Although California has specific private sale laws, sellers should understand these important regulations before completing any transfer:

  • You cannot sell to any prohibited person under federal law — doing so is a serious federal crime regardless of whether a background check was conducted
  • You cannot sell to anyone under 21 years of age
  • ALL private transfers must go through a licensed FFL dealer for a background check
  • Selling a stolen firearm is a crime under both state and federal law
  • If you regularly sell firearms for profit, you must obtain a federal FFL — unlicensed dealing is a federal felony
  • California has an assault weapons ban — certain firearms cannot be sold or transferred within California
  • California has a 10-round magazine limit — magazines over this capacity cannot be sold or transferred
Following these rules helps ensure your private sale in California remains lawful. When in doubt, use a licensed FFL dealer to complete the transfer.

Frequently Asked
Questions

Do I need a license to sell a gun in California?

No. Private sales do not require a federal firearms license. 

Yes. California requires every private firearm sale to go through a licensed dealer, and the dealer runs the background check. However, you must not knowingly sell to a prohibited person. Sellers are not off the hook simply because they didn’t ask — if you had reason to know the buyer was prohibited and sold anyway, you may face criminal liability.
California does not publish an official bill-of-sale form, and a bill of sale is not a substitute for whatever transfer process your state requires — that part is answered above. Some states do put a record-keeping duty on the seller, so check yours before assuming there is none. However, GunTransfer’s bill of sale is strongly recommended — it documents the transfer, includes buyer eligibility acknowledgment, and protects the seller from future liability if the firearm is later misused.
You may advertise a firearm for sale online. However, if shipping to a buyer in another state, the firearm must be transferred through a licensed FFL dealer in the buyer’s state. In California, you cannot. A private sale must go through a licensed dealer, and completing one without a dealer is a criminal offense rather than a technicality.

The California Assault Weapons Ban and What You Can Sell

Penal Code § 30600 makes it a felony to manufacture, distribute, transport, import, keep for sale, offer for sale, or give or lend an assault weapon or a .50 BMG rifle in California, except as the chapter allows. The term is four, six, or eight years, each firearm is a separate offense, and there is a consecutive one-year enhancement for a transfer to a minor.

If you hold a registered assault weapon, the Department of Justice is explicit that a Private Party Transfer is not open to you and neither is your family: "Neither assault weapons nor .50 BMG rifles can be sold or transferred to a family member." The lawful ways to part with one are to sell it to a licensed dealer who holds a DOJ permit to purchase assault weapons, to render it permanently inoperable, to arrange relinquishment with your local police or sheriff’s department — telephone them first, do not simply arrive with it — or to remove it from California lawfully. One narrow sale route exists: to certain California peace officers, with written approval from the head of their agency.

Taking it out of state is a one-way door. Once a registered assault weapon leaves California it cannot be brought back.

Where a registered assault weapon reaches an heir, Penal Code § 30915 gives that person 90 days to do one of four things: render it permanently inoperable, transfer it to a licensed dealer, obtain a DOJ permit, or remove it from the state. The clock runs from taking title, not from probate closing.

The ban is being enforced. It is also being litigated: the Supreme Court has granted certiorari in two assault-weapon cases, Viramontes v. Cook County (No. 25-238) and Grant v. Higgins (No. 25-566), consolidated and set for argument on December 2, 2026. Those cases concern Illinois and Connecticut restrictions rather than California’s, but a ruling would bear on every state ban. Nothing has changed in California law as a result, and nothing here should be read as a prediction that it will.

Verified October 2026

The California Private Party Transfer Process

California does not allow two private parties to hand a firearm over between themselves. Penal Code § 27545 requires that any private sale, loan, or transfer be completed through a licensed dealer. The mechanism is the Private Party Transfer: the dealer takes the firearm from you, holds it, and delivers it to your buyer if the law permits the delivery.

What the dealer may charge for that service is capped by statute. Penal Code § 28055 sets the PPT fee at no more than $10 per firearm, with a separate $10 maximum for temporary storage, and permits no additional fees beyond those the chapter authorizes. A dealer may charge less. State fees payable at the counter — the DROS fee and the two safety fees — are set separately and change, so ask the dealer for the current total rather than relying on a figure you read anywhere, including here.

The 10-day waiting period then runs. Penal Code § 27540 measures it from the purchase application, from the submission of any correction to that application, or from the payment of the required fee — whichever is later. A correction filed on day eight restarts the clock; that is the single most common reason a California transfer takes longer than the buyer expected.

Note also that since April 1, 2026 California limits a person to three firearms in any rolling 30-day period (Penal Code § 27535, as amended by AB 1078). This replaced the older one-handgun-a-month rule, which the Ninth Circuit struck down, and unlike that rule it is not limited to handguns — it counts all firearms. Whether a given private party transfer counts toward your buyer's three is a question for the dealer or the Department of Justice, not for this page.

The intrafamilial exemption is narrower than almost everyone assumes. Penal Code § 27875 lets an "immediate family member" transfer without a dealer — and Penal Code § 16720 defines that term as parent and child, and grandparent and grandchild. That is the entire list. Brothers and sisters are not immediate family for this purpose. The recipient must be 18 or older and hold a valid FSC, the transfer must be "infrequent" (§ 16730: fewer than six transactions a year and no more than 50 firearms), and the person receiving the firearm must report it to the DOJ on Form BOF 4544A within 30 days, with the processing fee. Miss the 30 days and you have an unreported transfer.

Verified October 2026

Firearm Safety Certificate (FSC) in California

Penal Code § 31615 works in both directions, and the half that catches sellers out is the second one. You may not purchase or receive a firearm in California without a valid Firearm Safety Certificate — and you may not sell, deliver, loan, or transfer a firearm to someone who does not have one. You do not need an FSC to sell. Your buyer needs one before they can take the gun.

The FSC is a 30-question test, true/false and multiple choice, administered by a DOJ Certified Instructor. The pass mark is 75% — 23 of 30. The fee is $25, which covers two attempts: fail, and you may retake a different version of the test from the same instructor after 24 hours at no extra charge. A certificate is valid for five years from issue, and the applicant must be at least 18 with a California driver license or ID card.

Penal Code § 31700 exempts a number of people, and a buyer who falls into one of these does not need to sit the test: active and honorably retired California peace officers and federal law-enforcement agents, active and honorably retired members of the armed forces, National Guard and reserves, holders of a valid CCW permit, licensed firearms dealers acting within the scope of their license, and federally licensed collectors acquiring curio or relic firearms. There is also a hunting-license exemption — but the statute limits it, in terms, to everything except handguns. An unexpired hunting license covers a long gun and does nothing for a pistol.

Ask to see the certificate before you agree a price. The dealer running the transfer will check it, and if the buyer does not have one the transfer stops there and you have both wasted a trip.

Verified October 2026

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The bottom line in California

A handshake isn’t a transfer.
Make it legal.

In California, the seller carries the federal liability. One undocumented sale to the wrong person is the difference between a clean record and 18 U.S.C. § 922(d). For \$50, you get proof you did it right.

  • Real background check on the buyerMulti-source federal, state & county criminal + sex-offender records.
  • Official bill of sale, signed by both partiesElectronic. Documented to hold up in court.
  • Lifetime digital records in your Gun VaultPull them 5, 10, 20 years from now.
  • Routed to a local licensed dealer — no markupCalifornia requires an FFL; we handle the paperwork and records.
Sell on a handshakeno paper · no protection$0 — exposed
Drive to a gun-shop FFL+ time · + gas · + waiting$45–$125
Use GunTransfer10 min · from your phone$50 flat
★★★★★I sell a few firearms a year and want every one documented in case one ever comes up somewhere. Now they all are.— Phillip C., verified seller
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About this guide

Published by
Gun Transfer, which has handled private firearm transfers since 2016. Written and maintained in-house.
Sources
Federal law (18 U.S.C. § 921–931), the ATF’s published rules and guidance, and the statutes of the state this page covers. Primary sources are linked throughout the text above so you can check any of it yourself.
Last reviewed
. Firearm law changes often, and a page that was right in April can be wrong by August.
Found something wrong?
Tell us and we will check it: info@guntransfer.com or 855-750-5500.

This is general information, not legal advice. We are not a law firm and no attorney has reviewed this page. Firearm law varies by state and by situation, and the consequences of getting it wrong fall on you — so verify anything you are relying on against your state’s current statute, or ask a lawyer licensed there.