How to Sell a Gun in Ohio?
When it comes to buying, selling or transferring a firearm in Ohio, the laws are not as complicated as some other states in the U.S. However, for those looking to do dealings with a firearm, knowing what state and federal regulations are is helpful for those who want to be in compliance with the law for a smooth transaction.
The following information is compiled from a memorandum on Ohio State Laws from the Ohio Office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
How to Legally Buy and Sell a Firearm in Ohio?
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 9.68 Need to provide uniform laws with respect to regulation of firearms. (Effective December 28, 2019)
Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, including by any ordinance, rule, regulation, resolution, practice, or other action or any threat of citation, prosecution, or other legal process, may own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture, or keep any firearm, part of a firearm, its components, and its ammunition. Any such further license, permission, restriction, delay, or process interferes with the fundamental individual right described in this division and unduly inhibits law-abiding people from protecting themselves, their families, and others from intruders and attackers and from other legitimate uses of constitutionally protected firearms, including hunting and sporting activities, and the state by this section preempts, supersedes, and declares null and void any such further license, permission, restriction, delay, or process.
Selling a Gun to a Private Party in Ohio
There are no specific laws regulating private sales of firearms between two unlicensed individuals in Ohio. 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.
Ohio State Firearm Ownership Restrictions
Generally, Ohio 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 Ohio 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.
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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/117326/download