Private Gun Sales in Indiana: What the Law Requires

Are private gun sales legal in Indiana?

Yes. Indiana has no universal background check law. When two Indiana residents sell a gun to each other, state law does not require a background check, a dealer, a form or registration. That doesn’t mean anything goes. Federal law and a few Indiana statutes still set hard limits.

Rules that still apply to private sales

Don’t sell to a prohibited person

Federal law, 18 U.S.C. 922(d), makes it a crime to sell or give a gun to someone you know, or have reasonable cause to believe, is prohibited, such as a felon, someone under a domestic violence restraining order, or an unlawful drug user. Indiana’s IC 35-47-2-7 separately makes it a Level 5 felony to transfer a handgun to someone you know is ineligible or intends to use it to commit a crime.

Both people must live in the same state

Under 18 U.S.C. 922(a)(5), a private seller can’t transfer a gun directly to a resident of another state. If the buyer lives in Ohio, Illinois, Kentucky or anywhere else, the sale has to go through a licensed dealer in the buyer’s state. Active duty service members are treated as residents of the state of their permanent duty station (18 U.S.C. 921(b)).

Age limits

Federal law, 18 U.S.C. 922(x), generally bars transferring a handgun or handgun ammunition to anyone under 18, with narrow exceptions. Indiana also restricts firearm possession by children under IC 35-47-10. Federal law does not set a 21 minimum for private handgun sales, but many private sellers choose to sell only to adults 21 and older.

Straw purchases

If someone is buying a gun for a person who couldn’t pass a check, that’s a straw purchase, a federal crime and, for handguns, a Level 5 felony in Indiana (IC 35-47-2-7). Walk away from any sale that feels like that. See gifting a gun and straw purchases.

NFA items

Machine guns, short-barreled rifles and shotguns, and suppressors are covered by the federal National Firearms Act. Don’t sell or hand these over privately without confirming the current federal transfer rules. See SBR and SBS rules for 2026.

Selling often can make you a dealer

Federal law requires a license for anyone “engaged in the business” of dealing in firearms (18 U.S.C. 922(a)(1)(A)). Selling a gun from your personal collection now and then is different from buying and reselling guns for profit. If you’re doing the second, talk to an attorney.

How to sell a gun privately in Indiana, safely

1. Check ID. Confirm the buyer is an Indiana resident and old enough. A driver’s license with a current Indiana address is the simplest proof.
2. Ask directly. Ask whether they can legally own a gun. Some sellers ask to see an Indiana license to carry, since the state runs a background check before issuing it. Permitless carry means many lawful owners won’t have one.
3. Write a bill of sale. Not required by law, but a simple bill of sale with the date, names, addresses, make, model and serial number protects both sides if the gun later turns up somewhere.
4. Meet somewhere safe. A public place, not your house. Never bring the gun loaded.
5. Trust your gut. You can say no to any buyer.

Using a dealer for a private sale

The safest option is to run the sale through a licensed dealer. The buyer fills out Form 4473 and passes a NICS check, and the dealer keeps the records. You know the buyer passed a federal background check. Condition Red Tactical handles FFL transfers; call us to set up a private-party transfer. Private transfers are $35, the same as any FFL transfer.

Buying a gun from a private seller

If you’re the buyer, get a bill of sale and ask whether the gun has ever been reported stolen. Many buyers ask the seller to meet at a dealer so everyone walks away with paperwork. Inspect the gun, and have a gunsmith look it over if you have doubts. Our gunsmithing services include test fire and inspection.

Selling a gun to someone out of state

Ship it to a licensed dealer in the buyer’s state, who handles the background check. Our guide on how to ship a gun covers what carriers allow.

Gun laws change, and this guide is general information, not legal advice. Check the current Indiana Code or talk to an Indiana attorney about your specific situation.