If you want to know how to get rid of a gun legally, you have four workable paths: sell it through a federally licensed dealer, transfer it privately within the rules, surrender it to law enforcement, or destroy it to ATF standards. The right choice depends on whether you want money for the firearm, how quickly you want it gone, and what state you live in. Getting any of these wrong carries real consequences, because handing a gun to someone who can’t legally own one is a federal crime, and careless disposal can leave your name attached to a weapon for years after you thought you were done with it.
Sell It Through a Licensed Dealer
Selling to a federally licensed firearms dealer is the cleanest option. Dealers hold a Federal Firearms License (FFL) issued by the ATF, which authorizes them to buy, sell, and transfer guns commercially.1Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal Firearms Licenses Once the dealer takes possession, they carry the legal responsibility for the next transaction, which cuts your tie to the weapon.
You typically have two choices at the counter. An outright sale means the dealer buys the gun from you on the spot at a price they set, usually below retail because they need margin to resell it. Consignment means the dealer displays and sells the gun on your behalf and keeps a percentage, generally 15% to 25%, though some shops charge as little as 10%. Consignment usually nets you more money, but it takes longer and you remain the owner until the gun sells.
Either way, the dealer handles the paperwork for the eventual buyer. The buyer completes ATF Form 4473, undergoes a background check through the National Instant Criminal Background Check System (NICS), and shows a valid government-issued photo ID.2Federal Bureau of Investigation. Firearms Checks (NICS)> None of that is yours to manage.
Sell or Give the Gun to Another Person
Private transfers are legal in many situations, but the rules shift depending on where you live and where the recipient lives.
Across State Lines
Federal law bars a private individual from transferring a firearm directly to someone who lives in a different state. If your buyer or recipient is out of state, the gun has to go through an FFL in their state of residence, and that dealer completes the transfer. The one narrow exception is inheritance: a firearm passed through a will or intestate succession can go directly to the heir across state lines, as long as the heir can legally possess it at home.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Within Your Own State
Federal law does not require an FFL for a private transfer between two residents of the same state. Roughly 22 states and the District of Columbia have passed their own laws requiring background checks on all private sales, which in practice means running the deal through a licensed dealer. In those states, you and the buyer meet at a shop, the dealer runs NICS, and you pay a transfer fee usually between $20 and $75.
Even where state law does not require it, federal law still makes it illegal to sell or give a firearm to anyone you know or have reasonable cause to believe is prohibited from possessing one. That list includes anyone convicted of a crime punishable by more than a year in prison, anyone subject to a domestic violence restraining order, anyone convicted of a misdemeanor crime of domestic violence, anyone dishonorably discharged from the military, and anyone who is an unlawful user of controlled substances, among other categories.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Private sellers cannot access NICS on their own, so if you have any doubt about the buyer, run the transfer through an FFL voluntarily.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
Write a Bill of Sale
Whether the law requires it or not, a written bill of sale is worth the few minutes it takes. Include full names and addresses for both parties, the date, and the firearm’s make, model, and serial number. Both people sign, both keep a copy. It won’t shield you from questions if the gun turns up in a crime, but it proves you transferred it on a specific date to a specific person.
Surrender the Firearm to Law Enforcement
If you don’t want money for the gun and you just want it gone, turning it over to a local police or sheriff’s department is the simplest route. Call the department’s non-emergency number first. Do not walk into a station carrying a firearm without prior arrangement. Instructions vary by agency, but the standard protocol is to transport the gun unloaded, in a locked container, in the trunk or cargo area where it isn’t accessible from the passenger compartment.5MPDC. Voluntarily and Peaceably Surrendering a Firearm If you don’t have a locked container, tell the dispatcher and an officer can be sent to pick it up.
Many departments accept surrendered firearms with no questions and no ID required. The gun is typically checked against stolen-property databases, logged, and eventually destroyed.
Gun Buyback Events
Gun buybacks, usually sponsored by law enforcement or community groups, trade firearms for cash or gift cards. They are almost always anonymous and require no paperwork. Compensation depends on the event and the weapon, but typical payouts run from about $50 for a non-functioning gun up to $100 to $200 for handguns, rifles, and shotguns.6City of Burbank. Burbank PD News Release – Anonymous Gun Buyback Event Buybacks don’t run on a set schedule; check your local police department’s website or social media for upcoming events.
Payouts sit well below market value. If your firearm is collectible or high-quality, a dealer will give you significantly more. Buybacks fit best for old, unwanted, or inherited guns you just want out of the house.
Deal With Inherited Firearms
Inherited guns follow their own path because the rules depend on the type of firearm and what the estate documents say.
For ordinary firearms, meaning anything not regulated under the National Firearms Act, federal law does not require the executor to use an FFL to transfer the gun to an heir named in the will or an heir by intestate succession, and no federal background check is required. The heir must be legally allowed to possess a firearm in their state. If the heir lives out of state, the bequest exception under 18 U.S.C. ยง 922(a)(3) allows them to receive and transport it home, as long as state law doesn’t prohibit it.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Some states add their own requirements on inherited transfers, so the executor should check local law first.
Firearms regulated under the National Firearms Act (short-barreled rifles, suppressors, machine guns, and similar items) require more work. The executor files ATF Form 5 to transfer the weapon tax-free to a lawful heir. The form requires proof of the executor’s legal authority, a death certificate, and a copy of the will or other evidence of who is entitled to the property.7Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Tax Exempt Transfer and Registration of Firearm (ATF Form 5) The heir must also notify their local chief law enforcement officer. If no heir wants the NFA firearm, the executor uses ATF Form 4 to transfer it to an outside buyer, which requires payment of the transfer tax.8eRegulations – ATF eRegulations. 27 CFR 479.90a – Estates
If nobody in the family wants any of the guns, the executor can sell them through an FFL, surrender them, or have them destroyed. The executor has legal authority to possess and dispose of the decedent’s firearms during probate without that possession counting as a “transfer” under federal law.8eRegulations – ATF eRegulations. 27 CFR 479.90a – Estates
Shipping a Firearm to a Dealer
If your disposal plan requires physically sending the gun somewhere, carrier rules matter. Non-licensed individuals may ship rifles and shotguns through USPS, but handguns may only be mailed by or between licensed dealers, manufacturers, and certain other authorized parties. All USPS firearms shipments must be unloaded, and the outer packaging cannot indicate that it contains a firearm.9Postal Explorer. Publication 52 – Hazardous, Restricted, and Perishable Mail – 43 Firearms You must declare the contents to the postal clerk at the counter.
UPS limits firearm shipments to licensed shippers operating under an approved agreement, but a licensed dealer can send you a pre-paid return shipping label, which is how you’d send a gun to an FFL for consignment, sale, or repair. Handguns on UPS must go by Next Day Air.10UPS. How To Ship Firearms FedEx has similar restrictions. In every case the firearm must be unloaded and packaged in a container that doesn’t reveal what’s inside.
Destroy the Firearm
If you want the gun permanently gone and don’t care about recovering any value, destruction is legal but has to be done to spec. ATF regulations define “destroyed” precisely: the frame or receiver, which is the part of the gun that is legally the firearm, must be permanently altered so it cannot readily be completed, assembled, restored, or converted to function again.11eCFR. 27 CFR 478.12 – Definition of Frame or Receiver
The regulation lists three primary methods: completely melting, crushing, or shredding the frame or receiver. Any other method requires ATF Director approval. One approved alternate uses an oxy-acetylene cutting torch to make three angled cuts that fully sever critical design features of the receiver, with each cut displacing at least a quarter-inch of material.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearm Destruction – M16/AR-Type Receiver Hacksaws, bolt cutters, and other regular cutting tools are not authorized substitutes for the torch method.
The focus on the frame or receiver matters because other parts (barrels, slides, stocks, triggers) are not legally firearms on their own. Once the receiver is properly destroyed, remaining parts can be discarded, recycled as scrap, or sold. Caution pays off here: selling a near-complete parts kit alongside a destroyed receiver has drawn scrutiny, because a buyer can simply add a new receiver and rebuild a working weapon.
For most people, the practical move is to hand this job to a professional gunsmith or a firearms destruction service. They have the right equipment and can confirm the work meets ATF standards. Trying to melt or torch a receiver at home without proper tools creates safety hazards and risks an incomplete job that leaves you holding something the ATF could still classify as a firearm.