How to Sell a Gun in North Dakota?
Selling a gun in North Dakota requires knowledge of the state’s laws to ensure gun owners are not breaking any laws and do not make any mistakes during the transaction. For those considering selling a firearm to another individual through a private sale, being informed of the regulations surrounding the sale of firearms is essential to ensure buyers and sellers follow state and federal law.
The following information is compiled from a memorandum of North Dakota State Laws and Published Ordinances from the North Dakota office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
How to Legally Buy and Sell a Firearm in North Dakota?
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.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm.
Additionally, local governments and municipalities cannot enact public policies that are more restrictive than state law for gun transactions. Below is the legal text:
Section 62.1-01-03. Limitation on authority of political subdivision regarding firearms.
A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void.
Selling a Gun to a Non-FFL, Private Party in North Dakota
North Dakota state law does not require firearms transactions to undergo a background check for buyers. However, there are criminal 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 Bureau of Alcohol, Tobacco, Firearms and Explosives guidance on the transfer of a firearm by private sellers.
North Dakota State Firearm Ownership Restrictions
Generally, North Dakota defaults to federal law regarding the sale and purchase of firearms.
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 the state.
The following disqualifies a person in North Dakota from purchasing a firearm.
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 CashMyGun.com
If the hassle of navigating North Dakota’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 CashMyGuns.com and be 100% compliant with North Dakota 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 Cash My Guns, you get the following unbeatable benefits!
Fair price for your gun
Easy shipment tracking throughout the whole process
Begin our safe, discrete and legal process here.
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 08/17/21 from https://www.atf.gov/file/117321/download