How to Sell a Gun in South & Southeast States

Selling Firearms in the South & Southeast

The southern United States is, broadly speaking, the most permissive region in the country for private firearms sales. Most states in the region default to federal law as the baseline, adding few or no state-level requirements for transfers between unlicensed individuals. But the details matter, and the exceptions can be significant.

Texas: The Permissive Baseline

Texas sets the standard for permissive firearms regulation in the South. Private sales between two Texas residents require no state background check, no waiting period, no registration, and no permit. The state has strong preemption that prevents cities and counties from enacting their own firearms restrictions, and permitless carry (both concealed and open) became law in 2021. For sellers, the practical implication is straightforward: a private sale in Texas requires only that both parties be Texas residents, both be legally eligible to own firearms under federal law, and the firearm not be a restricted type (short-barreled rifle/shotgun, machine gun, etc. without proper NFA registration). Georgia, Tennessee, Alabama, Mississippi, Arkansas, Kentucky, Louisiana, and South Carolina all operate on similar frameworks with minor variations.

Florida: Southern State, Stricter Rules

Florida is the most regulated state in the southern region. Following the 2018 Marjory Stoneman Douglas High School shooting in Parkland, the state enacted significant changes including raising the minimum purchase age to 21 for all firearms (previously only 21 for handguns). Florida mandates a 3-day waiting period between purchase and delivery for all dealer sales, and individual counties can extend this to 5 days. Miami-Dade County, Broward County, Palm Beach County, and several other jurisdictions in South Florida have implemented the 5-day extension. For private sales, Florida distinguishes between handguns and long guns: handgun transfers between private parties require an FFL-facilitated background check, while long gun (rifle, shotgun) transfers between private individuals do not. Florida also maintains a state-run stolen firearms database through the Florida Department of Law Enforcement that sellers can use to verify a firearm's status before selling.

Virginia: A Legal Landscape in Flux

Virginia presents the most complex situation in the southern region. In 2020, the state enacted a universal background check requirement for all firearms sales, including private transactions. This law (Va. Code § 18.2-308.2:5) required sellers to initiate a background check through a licensed FFL dealer before transferring a firearm to any buyer. In October 2025, the Twenty-Fourth Judicial Circuit (Lynchburg) struck down this law as unconstitutional in Wilson v. Colonel Matthew D. Hanley, issuing a permanent injunction that bars enforcement statewide. The court found that the law created a constitutional conflict, particularly affecting lawful adults aged 18-20 who are permitted to possess handguns under Virginia law but cannot purchase them through FFLs under federal age restrictions. The Virginia State Police confirmed they will no longer run or facilitate background checks for private sales. This ruling could be appealed or addressed through new legislation, so Virginia sellers should monitor developments closely. Virginia's one-handgun-per-month limit and red flag laws remain in effect.

North Carolina: Recent Changes

North Carolina underwent a significant change in 2023 when the state repealed its longtime pistol purchase permit system (SB 41). Previously, buyers needed a sheriff-issued permit to purchase a handgun, creating a de facto background check for all handgun transactions including private sales. With the repeal, North Carolina now operates similarly to other permissive southern states: no state background check for private sales, no waiting period, no registration requirement. FFL sales still require the standard federal NICS background check. The repeal was controversial and may face future legislative challenges, but as of early 2026, North Carolina is in the permissive category.

Selling to an FFL: The Simplest Path Regardless of State

Whether you're in permissive Texas or more regulated Florida, selling to a licensed FFL dealer like CashMyGuns.com produces the same result: a clean, documented, legally compliant transaction with no ambiguity. You don't need to verify the buyer's eligibility, meet strangers from classified listings, handle cash, or worry about whether your county has additional ordinances. The process is the same from Dallas to Tallahassee: submit your firearm details, receive a free expert appraisal based on current market data, ship with our prepaid insured label, and get paid. We've completed thousands of transactions with sellers across every southern state since 2013.