To legally dispose of a gun, you have four real options: sell or consign it through a federally licensed dealer, transfer it privately within the limits of state and federal law, surrender it to law enforcement, or destroy it to the standards the ATF requires. The safest of these for most people is handing the firearm to a Federal Firearms License (FFL) holder, because the dealer runs the background check on any future buyer and keeps a permanent record of the transfer. The wrong approach, on the other hand, can leave you criminally liable if the gun later shows up at a crime scene.
Make the Gun Safe and Write Down the Details
Before you move the firearm anywhere, unload it. Remove the magazine, open the action, visually confirm the chamber is empty, and keep the muzzle pointed in a safe direction the whole time. If handling the gun makes you uncomfortable, leave it where it is and call a local shop or the police non-emergency line for guidance on pickup.
Once it is unloaded, record the make, model, caliber, and serial number, and keep that record permanently. Gather any registration paperwork, receipts, or permits. If the gun is ever traced back to you, that record shows you took deliberate steps to get rid of it, and some states require registration documents during the transfer itself.
If the serial number is missing, damaged, or unreadable, stop. Federal law makes it illegal to possess a firearm with a removed or altered serial number.1eCFR. 27 CFR 478.34 – Removed, Obliterated, or Altered Serial Number Do not take it to a dealer or try to sell it. Contact your local ATF field office or police to arrange surrender.
Sell or Consign Through a Licensed Dealer
The cleanest route is bringing the gun to an FFL holder, usually a gun shop. You can sell outright to the dealer or consign the firearm so the shop sells it for a commission. Either way, the dealer takes legal custody and logs the gun into their acquisition and disposition record, which federal regulations require them to maintain.2Bureau of Alcohol, Tobacco, Firearms and Explosives. 27 CFR 478.125 – Record of Receipt and Disposition
When the dealer eventually sells to a new buyer, they complete ATF Form 4473 and run the buyer through the National Instant Criminal Background Check System (NICS) before releasing the gun.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide That documented chain of custody is what protects you. If the gun later surfaces in an investigation, the records show when it left your hands and who received it.
Expect to pay a transfer or processing fee. Most dealers charge between $20 and $75, though prices vary by location and can run higher for specialty items. Call ahead to confirm the dealer accepts your type of firearm and to ask about fees.
Private Sales and Gifts
Selling or giving a firearm directly to another person is legal under federal law in many situations, but the rules are stricter than most people assume. The biggest one: you cannot transfer a firearm to anyone you know or have reason to believe lives in a different state.4Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Cross-state transfers between private parties must go through an FFL in the buyer’s home state, which runs a background check and completes the paperwork before releasing the gun.
For transfers between residents of the same state, federal law does not require an FFL. However, many states require background checks or FFL involvement for all private sales, including transfers between neighbors or family. Check your state before completing any private transfer.
Regardless of state law, it is a federal crime to sell or give a firearm to someone you know or reasonably suspect falls into a prohibited category.5Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons Prohibited persons include anyone convicted of a felony, anyone subject to a domestic violence restraining order, anyone convicted of a misdemeanor crime of domestic violence, fugitives, people who have been involuntarily committed to a mental institution, and users of illegal drugs.4Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Private sellers cannot run their own background check, which is why the ATF encourages unlicensed sellers to use an FFL to facilitate private transfers.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
Using an FFL for a private sale costs a transfer fee, but it creates a paper trail that protects you. Without that record, if the buyer turns out to be prohibited or uses the gun in a crime, you have no documentation showing you acted in good faith.
Surrender to Law Enforcement
If you just want the gun gone and do not care about payment, most police and sheriff’s departments will accept a voluntarily surrendered firearm. Call the non-emergency line first. Do not walk into a station carrying a firearm without prior arrangement. The department will tell you how to transport it safely, which usually means unloaded, in a locked case, with ammunition stored separately.
Once surrendered, the department will check the serial number against databases for stolen firearms or crime connections, then hold the gun for destruction. Standard surrender pays nothing. Some departments periodically hold buyback events with gift cards or modest cash payments, but those are scheduled and vary widely by jurisdiction.
Many jurisdictions offer some form of amnesty for voluntary surrender: you generally will not be arrested or prosecuted for possessing an unregistered gun if you turn it in peacefully. The scope varies, so ask when you call. No jurisdiction offers immunity for using a gun in a crime, and amnesty typically covers only the possession charge tied to the specific firearm you surrender.
Destroy the Firearm
You can destroy a firearm instead of transferring it, but half measures do not count. Burying a gun, throwing it in a lake, or pulling it apart does not meet federal standards. As long as the frame or receiver could theoretically be restored to working condition, it remains a legally regulated firearm.6Bureau of Alcohol, Tobacco, Firearms and Explosives. How to Properly Destroy Firearms
The ATF recognizes two acceptable methods. The first is to completely melt, shred, or crush the receiver or frame so that it is reduced to scrap. The second is to use an oxy-acetylene torch to make at least three angled cuts that completely sever the receiver at critical structural points, with each cut removing at least a quarter inch of metal. Band saws and other cutting tools do not qualify.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearm Destruction – MP40
The specific cut locations vary by model, and the ATF publishes diagrams for common firearms. A cut in the wrong place leaves the receiver merely damaged, not destroyed, and it still counts as a firearm. Unless you are experienced with torch work and confident you can follow the ATF specifications for your particular gun, pay a gunsmith or FFL to handle the destruction. The cost is modest against the legal risk of getting it wrong.
Shipping to a Dealer
If the nearest FFL is far away, or you are sending a firearm to an out-of-state dealer for sale, you may need to ship it. Federal law allows this, but the rules depend on the carrier and the type of gun.
The U.S. Postal Service lets non-licensed individuals mail unloaded rifles and shotguns to FFL dealers anywhere in the country. You have to use a service that provides tracking and requires a signature at delivery, and nothing on the outside of the package can indicate it contains a firearm. Handguns are different: USPS generally will not accept handgun shipments from non-licensees, so in most cases you will need to bring a handgun to a local FFL and have them ship it for you.8United States Postal Service. 432 Mailability
Private carriers add their own restrictions. UPS accepts firearms only from licensed dealers, manufacturers, importers, and collectors under a contractual agreement, and requires next-day air service for handguns, adult signature on delivery, and non-descriptive labeling. FedEx similarly limits firearm shipments to FFL holders who have signed a compliance agreement. Ammunition always ships separately from firearms, whatever the carrier.9UPS. How to Ship Firearms
NFA Firearms Have Their Own Process
Machine guns, short-barreled rifles and shotguns, silencers, and destructive devices fall under the National Firearms Act, and disposing of them requires ATF approval before the item changes hands.10Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Chapter 9 – Transfers of NFA Firearms
Transferring an NFA item to another private individual means filing ATF Form 4, which requires the buyer’s fingerprints, photographs, and payment of any applicable transfer tax. As of 2026, the $200 transfer tax applies to machine guns and destructive devices.11Office of the Law Revision Counsel. 26 USC 5811 – Transfer Tax Recent legislation eliminated the transfer tax for silencers, short-barreled rifles, and short-barreled shotguns. ATF must approve the Form 4 before the transfer takes place.
Destruction of NFA items follows the same receiver-destruction standards, but silencers have their own specific procedures. Contact ATF or check their published guidance for model-specific requirements before proceeding.6Bureau of Alcohol, Tobacco, Firearms and Explosives. How to Properly Destroy Firearms
Unregistered NFA firearms are a separate problem. They are contraband and cannot be retroactively registered. Contact your local ATF field office to arrange abandonment.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates Do not attempt to sell, transfer, or transport an unregistered NFA firearm. Possession is a federal felony, and the sooner you reach out, the better your position.
Firearms in an Estate
An executor or administrator of an estate that includes firearms can legally possess those guns during probate without it being treated as a transfer.13eCFR. 27 CFR 479.90a – Estates That grace period ends when probate closes, so have a plan in place before then.
For ordinary firearms, the disposal options are the same as for any owner: transfer through an FFL, sell privately within state and federal law, surrender to police, or destroy. The executor handles the transaction on the estate’s behalf.
NFA firearms in an estate require more paperwork. To transfer a registered NFA item to an heir or beneficiary, the executor files ATF Form 5, which is tax-exempt. The form must include the executor’s appointment documentation, the death certificate, a copy of the will, and the beneficiary’s fingerprints and photographs.13eCFR. 27 CFR 479.90a – Estates If no beneficiary wants the item and the executor needs to sell outside the estate, ATF Form 4 applies instead, along with any transfer tax.10Bureau of Alcohol, Tobacco, Firearms and Explosives. NFA Handbook – Chapter 9 – Transfers of NFA Firearms If the estate contains unregistered NFA items, contact the local ATF field office immediately for abandonment.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Transfers of National Firearms Act Firearms in Decedents’ Estates
Getting Rid of Ammunition
Unwanted ammunition needs proper disposal too, and it should never go in the household trash. Live rounds are a fire and explosion hazard at landfills, and old or corroded ammunition can still discharge under pressure or heat.
The simplest option is to call your local police department’s non-emergency line and ask if they accept ammunition. Many will send an officer to pick it up or direct you to a drop-off location. Shooting ranges often have containers for dud and unwanted rounds and can arrange disposal. Some areas hold periodic hazardous waste collection events that accept ammunition, but call ahead since not every site takes it. When you transport ammunition for disposal, keep it in its original packaging or a sturdy container, separate from any firearms.
Guns You Cannot Legally Keep
Some situations demand immediate action rather than shopping for the best method. A firearm with a removed or obliterated serial number is illegal to possess under federal law.1eCFR. 27 CFR 478.34 – Removed, Obliterated, or Altered Serial Number The same applies to unregistered NFA items such as machine guns, short-barreled rifles, or silencers that were never entered in the National Firearms Registration and Transfer Record.
In either case, do not try to sell, transfer, or transport the weapon on your own. Call your local police department or ATF field office and explain what you have. Voluntary surrender of an item you cannot legally possess is far better than being found with it. Law enforcement and ATF have procedures for accepting and destroying contraband firearms, and reaching out proactively demonstrates good faith. The longer you wait, the harder it becomes to explain why you had the item in the first place.