Firearm Transfer & Sale Requirements: How to Legally Transfer a Gun

How do I transfer a firearm to a family member?

Confirm which state each of you lives in, then follow the stricter of federal or state law: same-state gifts are usually legal without an FFL under federal rules, while any gift to a family member in another state must go through a licensed dealer with a background check — and California requires an FFL, DROS fee, and 10-day wait even for family transfers, reportable on BOF form 4544.

Quick answer: To legally transfer or sell a firearm, follow the federal baseline plus your state’s law: any transfer between residents of different states must go through a licensed dealer (an FFL) with a background check, while same-state private transfers are legal federally but restricted in many states. In California, most transfers require an FFL, a $37.19 DROS fee, and a 10-day waiting period; intra-family gifts are reported on form BOF 4544 (about $19) within 30 days.

Transferring or selling a firearm legally means following both federal rules and the law of the state where the transfer happens. Requirements vary widely — some transfers can be done privately, while others must go through a licensed dealer (an FFL) with a background check and waiting period. This guide explains how firearm transfers work, when you need a dealer, and the specific rules for transferring a gun to a family member in California, one of the most heavily regulated states in the country.

What is a firearm transfer?

A firearm transfer is any change of possession or ownership of a gun — a sale, a gift, an inheritance, or even a long-term loan. Whether the transfer must be processed by a Federal Firearms License holder (FFL) depends on who the parties are, where they live, and what state law requires. The safest rule of thumb: if you are unsure whether a transfer is legal to do privately, route it through a licensed dealer.

The federal baseline

Federal law sets the floor that every state builds on:

• Interstate transfers must go through an FFL. If you are buying or receiving a firearm from someone in another state — including most online purchases — it must be shipped to a licensed dealer in your state, who runs a background check before releasing it to you.
• Handguns can only be transferred to residents of your own state through a dealer, and you must meet the federal age minimums (18 for long guns, 21 for handguns from a dealer).
• You cannot knowingly transfer a firearm to a prohibited person — including felons, certain domestic-violence offenders, and others barred under federal law.

Private party transfers vs. dealer transfers

In many states, two residents can legally transfer a firearm between themselves without a dealer. Other states — California, New York, and several more — require nearly all transfers, even between private individuals, to be processed by a licensed FFL. That “private party transfer” (PPT) still involves a background check, paperwork, and often a waiting period.

Transferring a firearm to a family member in California

Full guide: California family firearm transfer from out of state: what actually works covers all six scenarios (living gift, sale, inheritance, sending out, moving in, moving out) with the cost stack for each.

Full guide: California intrafamilial firearm transfers — who qualifies, the BOF 4544A form, the $19 fee and the 30-day deadline, cited to the Penal Code.

California requires most firearm transfers to go through a licensed dealer — but it carves out a narrow intra-familial exemption. Transfers between certain immediate family members do not have to be processed by an FFL and do not require a dealer-run background check.

Which relationships qualify? The exemption covers transfers between a parent and child, a grandparent and grandchild, and between spouses or registered domestic partners. Siblings, aunts/uncles, cousins, and in-laws are not covered and must use a licensed dealer for a standard private party transfer.

What you still have to do. Even when the transfer itself is exempt, the person receiving the firearm must report it to the California Department of Justice. This is done by filing the Report of Operation of Law or Intra-Familial Firearm Transaction (form BOF 4544) — on paper or online through the California Firearms Application Reporting System (CFARS) — within 30 days of taking possession, along with a fee of approximately $19 per firearm.

Other conditions that still apply:

• The recipient must be legally eligible to own a firearm (not a prohibited person) and meet the age minimum — 18 for long guns, 21 for handguns.
• The recipient generally needs a valid Firearm Safety Certificate (FSC), which costs about $25 and is valid for five years.
• Intra-familial handgun transfers are exempt from California’s “roster of approved handguns,” so a non-roster handgun can be passed within the family.

Family members in different states. The intra-familial exemption only applies within California. If a parent in one state wants to give a firearm to a child in another, the gun must be shipped from a licensed dealer in the sender’s state to a licensed dealer in the recipient’s state, where it is processed (DROS’d) before the recipient takes possession.

California DROS, fees, and the 10-day waiting period

For any transfer that does go through a California dealer — including non-family private party transfers and online purchases — the dealer submits a Dealer’s Record of Sale (DROS) to the DOJ. Once DROS is accepted:

• A mandatory 10-day waiting period begins — ten full 24-hour periods before the firearm can be released, regardless of how well the parties know each other.
• The standard DROS fee is about $37.19, and dealers may charge an additional $10 per firearm to process a private party transfer.
• The buyer must present a valid Firearm Safety Certificate and meet all eligibility requirements.

Find a licensed FFL dealer near you

Whenever a transfer has to go through a dealer — an out-of-state purchase, an online sale, or a non-family private party transfer — you will need a local FFL to receive the firearm and complete the paperwork. You can search our nationwide directory of FFL dealers to find a licensed dealer near you, compare transfer fees, and check hours before you ship.

Frequently asked questions

Can I give a gun to my son or daughter in California without a dealer?

Yes. A transfer between a parent and an adult child is exempt from the dealer requirement, but the child must report the firearm to the DOJ using form BOF 4544 within 30 days, pay the roughly $19 fee, and meet all eligibility and Firearm Safety Certificate requirements.

Do I need a background check to transfer a gun to a family member in California?

For qualifying intra-familial transfers (parent/child, grandparent/grandchild, spouses/registered domestic partners), no dealer-run background check is required — but the recipient must not be a prohibited person and must file the intra-familial transfer report.

How long does a firearm transfer take in California?

Any transfer processed through a dealer is subject to a mandatory 10-day waiting period before the firearm can be released.

This page is general information, not legal advice. Firearm laws change and vary by state. Always confirm current requirements with the California Department of Justice Bureau of Firearms (or your own state’s authority) and a licensed dealer before completing a transfer.