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Guide to Buying and Selling Firearms

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a legal professional for legal guidance.

Dealer Sale

A dealer sale is made between an individaul and a business or individual with a Federal Firearms Licensee (FFL). They are licensed by the ATF to sell firearms as a professional business.

Requirements:

  • Background Check: Dealers are required to undergo mandatory background checks via the National Instant Criminal Background Check System (NICS), conducted through Utah’s Bureau of Criminal Identification (BCI).
  • Form 4473: Buyers are required to completes this ATF form, which the dealer retains for 20 years (or forever if the FFL closes).
    • Recordkeeping: Dealer logs the sale in an Acquisition and Disposition (A&D) book.
  • ID: Buyers must show government-issued photo ID.
  • Age: Buyers must be 21 for handguns, 18 for rifles/shotguns.
  • Why Use a Dealer? Legal oversight ensures compliance; Reduces seller risk with proper buyer vetting.

    • Cons: Have have additional dealer Fees (e.g., transfer costs)

Private Sale

Definition: A sale between two unlicensed individuals (non-FFLs), like a person-to-person transfer. Legal in Utah per Utah Criminal Code Chapter 10.

Requirements:

  • Background Check: Background checks are not required in Utah for private sales, but are highly recommended using Utah's Bureau of Criminal Identification (BCI).
  • ID: Not mandatory, but recommended for verification.
  • Age: Both seller and buyer must be 18+ (federal law bans handgun sales to under-21s, but Utah allows private handgun sales to 18+).
  • Residency: Both buyer and seller must be Utah residents. Federal law prohibits interstate private sales without an FFL).
  • Prohibited Persons: Seller must not knowingly sell to someone federally prohibited (e.g., felons, domestic violence convicts, etc).
  • Cons: Seller assumes risk if buyer is prohibited; no official vetting.

Private Sale Checklist for Firearms in Utah

This is a guide of best practices when privately buying and selling firearms. The Seller assumes all risk. Consult a FFL dealer if you are unsure.

Checklist for Private Sales

Ask for a Utah driver’s license or ID to confirm both are 18+ and Utah residents. Federal law (18 U.S.C. § 922(b)(3)) bans interstate sales—e.g., no selling to Idaho residents without an FFL. Utah allows private handgun sales to 18+ (dealers require 21+).

Ask if they’re a felon, have domestic violence convictions, or other federal prohibitions (18 U.S.C. § 922(g)). Optionally, request a valid Utah Concealed Firearm Permit (CFP) for a clean background implication. It’s illegal to sell to prohibited persons (Utah Code §76-10-503), and sellers bear the risk if they suspect ineligibility.

Disclaimer: Sellers are responsible for ensuring buyers are eligible.

Use Utah’s BCI Serial and CFP Search to verify the gun isn’t stolen and the buyer’s Concealed Firearm Permit is valid. This protects both parties and aligns with Utah’s tools for safer sales.

Draft a document with seller/buyer names, date, firearm details (make, model, serial), price, and signatures. Templates are online. It’s not required but proves transfer, shielding the seller if the gun is misused later—no registration in Utah.

Choose a public spot like a police station, parking lot, or busy store. Utah’s gun-friendly culture supports open carry, but safety reduces risks of scams or violence in private deals.

Exchange firearm for payment (cash, app, etc.) after verifying prior steps, then sign the bill of sale. Utah has no waiting period or extra paperwork.

Seller keeps the signed bill of sale. The buyer may keep a copy. Digital backups are recommended. It protects the seller if the firearm is linked to a crime later—shows it was sold legally, despite no state retention mandate.

Dealer vs. Private Sale

Dealer: FFL, mandatory background checks, Form 4473, records—regulated, commercial.

Private: No FFL, no checks, resident-to-resident—informal, trust-based.