How to Sell a Gun in Oklahoma?
During a transaction of a firearm sale in the state of Oklahoma buyers and sellers should be aware of state and federal firearm regulations. Knowing laws and restrictions surrounding the sale of firearms is vital to ensure buyers and sellers are in compliance with state and federal law and do not make any mistakes during the transfer.
In this blog, we break down the basic of buying and selling a gun in Oklahoma.
The following information is compiled from a memorandum of Oklahoma Annotated Statutes from the Oklahoma Office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
What is the Process of Buying and Selling a Firearm in Oklahoma?
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. 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 licensed 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.
How to Conduct a Private Sale of a Gun in Oklahoma?
There are no specific state laws addressing private sales of a firearm between private parties. 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.
Oklahoma State Firearm Ownership Restrictions
Generally, Oklahoma 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.
Additionally, no city governments of municipalities can enact public policies that are more restrictive than state law when it comes to firearms sales. Below is the legal text:
Section 1289.24. Firearm regulation—state preemption.
B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, knives, components, ammunition, and supplies.
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 05/18/21 from https://www.atf.gov/file/117331/download