this post was submitted on 14 Jan 2026
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While this is true, it’s my understanding that those background check requirements are easily circumvented at gun shows in many states.
Not so. According to the Federal Firearms Act (FFA), even as a private seller, you're still responsible for confirming the person you're selling to is legally eligible to own what you're selling them. In fact, there's even a number you can call to have the same background check done they do at gun stores, it just takes a lot longer to go through the process.
If that person is a felon, and if they get caught with that gun and if they trace it back to you, you'll be investigated for illegally selling guns to felons.
Some states don't even allow you to privately sell firearms; you're required to pay an FFL license holder to do the transfer or use the state police as an intermediary to transfer possession.
Any sale between private individuals is entirely off the record.
FFL dealers still have to run the check at gun shows.
You're thinking of in-person private sales. You can buy a gun from another person directly without a check (in some states). This still carries some risks as you'd have to prove this transaction if the gun turns up in a crime and you get pointed at in one way one or another.
Gun dealers carry a massive risk for skipping the check and anyone who needs to skip a check to buy a gun is going to know they won't be approved, and they both get the axe if either party gets caught - So its a lose-lose deal that will rarely get taken.
Honestly, what I find frustrating is that even if a private seller wanted to run a background check, they can't. Only FFL's can do that. I think the ATF needs to open it up so more people can run them.