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How to Sell a Gun in West Virginia: A Comprehensive Guide
West Virginia has some restrictions that surround owning, selling and carrying firearms. For those interested in selling their gun, being familiar with state and federal laws that govern the transaction will be helpful to ensure all parties are in compliance with the regulation when finalizing the transaction. For those unfamiliar with the regulations, Dunlap Gun Buyers has compiled a helpful guide to navigate the regulations in place.
The following information is compiled from a memorandum from the West Virginia Office of Attorney General on West Virginia State Laws and Published Ordinances to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
What Selling Options do Gun Owners Have in West Virginia?
There are a few ways gun owners can sell a firearm in a legal transaction:
- Gun owners can sell a firearm to a local dealer. This is a good way to help ensure gun owners are complying with gun laws in West Virginia 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 West Virginia, there are no specific laws regulating private sales of firearms between two unlicensed individuals. 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.
- 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 West Virginia?
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.
West Virginia Firearm Ownership Restrictions
In order to purchase a firearm legally through a Federal Firearms Licensed dealer, 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.
Individuals are prohibited from possessing firearms if they fall into any of the following categories:
- Have been convicted of a crime punishable by imprisonment for over one year.
- Are habitually addicted to alcohol.
- Are unlawful users of or addicted to controlled substances.
- Have been adjudicated as mentally incompetent or involuntarily committed to a mental institution.
- Are aliens in the United States illegally or unlawfully.
- Have been discharged from the armed forces under dishonorable conditions.
- Are subject to a domestic violence protective order, including cases where there’s a credible threat to an intimate partner or child.
- Have been convicted of certain misdemeanor offenses related to assault or battery involving specific types of relationships (e.g., current or former spouse, intimate partner, cohabitant).
Individuals prohibited from possessing firearms may petition the circuit court in their county of residence to regain this right.
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 West Virginia’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 West Virginia 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 09/15/2023 from atf.gov/firearms/docs/guide/west-virginia-firearms-statutes-and-codes/download.
© 4/6/20