How to Sell a Gun in Kentucky: A Comprehensive Guide
How to Sell a Gun in Kentucky: A Comprehensive Guide
Kentucky is a welcoming state for gun owners as the state does not implement its own restrictions when it comes to buying, selling or transferring firearms whether through a federally licensed dealer or a private transaction between non-licensed individuals. With such lenient laws, going through the process to acquire a firearm isn’t as difficult as some other places in the United States. However, being up to date on the regulations will help ensure buyers and sellers that they are in compliance with the regulations.
Dunlap Gun Buyers has put together a guide to help make sure those involved are following the law.
The following information was complied from a memorandum on Kentucky State Laws on firearms to the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives from the Kentucky Office of the Attorney General.
What Selling Options do Gun Owners Have in Kentucky?
There are a few ways gun owners can sell a firearm in a legal transaction:
- Gun owners can sell their firearm to a local dealer. This is a good way to help ensure gun owners are complying with gun laws in Kentucky for firearm sales. However, sellers may be leaving money on the table by selling for much less than the gun’s actual market value.
- Gun owners can sell a firearm through a private transaction. In the state of Kentucky, there are no specific laws requiring a background check to buy or sell a firearm in a private transaction between two private individuals. However, there are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including and up to a felony criminal charge. Here is the legal text that deals with private sales:Chapter 65. General Provisions applicable to Counties, Cities, and Other Local UnitsSection 65.870. Local firearms control ordinances prohibited — Exemption from immunity — Declaratory and injunctive relief.No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.
Any existing or future ordinance, executive order, administrative regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable.Title XIX. Public Safety and Morals Chapter 237. Firearms and Destructive Devices
Section 237.020. Right of Kentucky residents, out-of-state residents, and residents of other countries to buy firearms.
Residents of the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and unlicensed individual persons in Kentucky or in any other state or nation outside of the Commonwealth of Kentucky.
Residents of states other than the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and from unlicensed individual persons in the Commonwealth of Kentucky.
Citizens of countries other than the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and from unlicensed individual persons in the Commonwealth of Kentucky.
All such sales shall conform to the requirements of federal law, the Kentucky Revised Statutes, applicable local ordinances, and the law of the purchaser’s state.
Here is the Bureau of Alcohol, Tobacco, Firearms and Explosives guidance on the transfer of a firearm by private sellers. - Another option if simply wanting to legally dispose of a firearm is surrendering it to local law enforcement. However, by doing this, gun owners potentially lose on hundreds or even thousands of dollars those guns could be worth in a sale.
What is the Process of Buying a Firearm from a Dealer in Kentucky?
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in this state.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Kentucky Firearm Ownership Restrictions
Generally, Kentucky defaults to federal law regarding the sale and purchase of firearms.
In order to purchase a long gun or shotgun, a buyer must be 18 years old or older to legally purchase them and pass the background check. For shoppers looking to purchase a handgun, buyers must be at least 21 years old or older and pass the background check to legally buy the gun.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
Save the Hassle, Sell your Gun to Dunlap Gun Buyers
If the hassle of navigating Kentucky’s gun laws seems overwhelming, we’re excited to tell you that there’s a better way!
You can safely, easily and legally sell your handgun or long gun to Dunlap Gun Buyers and be 100% compliant with Kentucky’s gun laws.
We have a Federal Firearms Licensee, who is licensed by the U.S. Government to help people with selling and transferring of firearms. We take care of the hard part and make the process safe, quick and hassle-free. The reality is you can sell your gun without leaving the house.
Just tell us which gun(s) you’d like to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us. When we receive your gun(s), we get you paid with a check in your hand within a few days.
When you use Dunlap Gun Buyers, you get the following unbeatable benefits!
Free gun appraisal – Fair price for your gun – Free shipping
Easy shipment tracking throughout the whole process. Speedy payment!
Begin our safe and discrete process here.
“Disclaimer”
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 09/07/23 from www.atf.gov/file/117236/download
© 11/10/20