Private Party Firearm Transfers

June 1, 2023


When it comes to guns, the Second Amendment to the U.S. Constitution states that “the right of the people to keep and bear Arms, shall not be infringed.” That hasn’t kept some states from enacting restrictions not only on how guns can be sold and transferred, but in many instances, also on the guns themselves—what's allowed and what isn’t. Michigan is one state that is among those who “infringe” as little as possible.


When it comes to the sale or transfer of firearms on a personal basis, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that this be done through a Federal Firearm Licensee (FFL) dealer, so the purchaser or transferee must go through a background check.


In Michigan, however, rifles and shotguns can change hands by unlicensed individuals with no background check or licensing required. Handguns are different. The purchaser must obtain a handgun purchase license or already possess a concealed carry license (CCL), both of which require background checks.


If you have questions or concerns about the private sale or transfer of firearms in or around Troy, Michigan, contact me at Redmond Law Group. I have been representing Michigan clients for more than 15 years, and I will zealously protect your rights to own and bear arms or to sell or transfer them. I also proudly serve clients throughout both Macomb and Oakland counties.

What Is a Private Party Firearm Transfer?

Someone wishing to purchase a firearm often goes to a gun dealer or a gun show. Gun dealers might be Federal Firearm Licensees but don’t necessarily have to be. Gun show dealers also may be licensed or unlicensed. Guns can also be purchased online, where businesses or even individuals might choose to offer their firearms for sale. 


A private firearm transfer takes place between individuals, whether they decide to transact through a dealer, at a gun show, using online interaction, through a classified ad, or simply through a mutual shake of hands.


The question is whether a private sale or transfer is legal. The answer is yes in Michigan without background check restrictions on rifles and shotguns, but for handguns, “yes if” the buyer or transferee obtains a handgun purchase license or already possesses of a concealed carry license.


There are two restrictions, however:


  • Pawnbrokers, second-hand shops, and junk dealers may not accept nor offer handguns for resale.
  • You may not knowingly sell firearms or ammunition to someone under indictment for a felony or prohibited from possessing or carrying a weapon under Michigan law.


Federal law additionally precludes the sale or transfer under many other circumstances, including if the person is a fugitive from justice, an unlawful user of illegal substances, an undocumented immigrant in the country, has been discharged dishonorably from the Armed Forces, has been convicted of domestic violence, and more.

Age Restrictions for Firearm Ownership in Michigan

These private transactions, however, must also observe the age limits for purchasing firearms. To purchase most rifles and shotguns under Michigan law, you need to be at least 18 years of age, unless the firearm is “more than 26 inches in length.”


Gun ownership, however, is also restricted to 21 years of age. Note, however, that a purchase or transfer through an FFL under federal law means the buyer or recipient of any firearm must be 21.

Pros and Cons of Private Sales or Transfers of Firearms

The positive is that a sale or transfer can be done in an expeditious manner, especially when it comes to rifles and shotguns. Handguns can be a bit more complicated. The cons, according to the ATF, are that there will be no required background check, at least for rifles and shotguns, and that local law enforcement will have no knowledge of who owns the firearm or where he or she lives.


Thus, with no background check, in the words of the ATF website, “this leaves these private sellers with no way to confirm whether or not the person to whom they are selling the firearm is prohibited from possessing it.”

Consult a Knowledgeable Attorney Before Proceeding

If you’re considering a private firearm transaction, especially if you’re the seller or transferor, contact me at Richmond Law Group to go over all the legal angles and potential consequences or ramifications. I serve clients in and around Troy and through Macomb and Oakland counties.

Preparing for Business Litigation

December 13, 2023
Dec. 13, 2023  As a business litigation attorney , I've seen firsthand the importance of preparing for potential legal disputes. If you're a business owner, it's not really a question of if you'll face a lawsuit, but when. And when that time comes, how you respond can make all the difference. In this post, I'm going to share some insights on how to prepare for business litigation. I'll walk you through what to do if your business is being sued and give you an overview of the litigation process. If you're currently facing a lawsuit, reach out to a business litigation lawyer immediately. The sooner you get help, the more prepared you'll be. If you're in or near Troy, Michigan, let me shoulder your legal burdens. Contact my firm today to set up a meeting.

Can a Partner Withdraw Without Dissolving the Business?

November 28, 2023
Nov. 28, 2023  It’s relatively easy to form a general partnership in Michigan. There are no papers to file or licenses to obtain from the state, but the locality where you intend to conduct business may well impose licensing, permitting, and zoning requirements. While you and some of your friends, family members, or associates may shake hands to form a partnership to market widgets, there are still many details to be ironed out. For instance, who among the partners is going contribute what? Are all just going to ante up a share of the start-up costs, or is one or more partners going to contribute in another way, perhaps through professional expertise? Who is going to manage operations, everybody together or through a kind of managing agreement over who does what? Then, in drawing up the partnership agreement—which should be in writing and agreed to by all the partners—you also must address the issue of what happens if one partner wants out. Does that mean the partnership ends with that person’s departure? In other words, if you create a partnership without an overall partnership agreement addressing the full range of issues that might arise during the course of the partnership’s existence, you might indeed find yourself in a corner, where the departure—or demands—of one partner may well sink the whole enterprise. It’s the Boy Scouts’ motto writ large—“Be prepared.” If your partnership in or around Troy, Michigan, is facing the possibility of one partner departing, and thus leaving the fate of the partnership in question, reach out to The Law Offices of Barton Morris . I have helped countless others draw up agreements and contracts to protect their rights and interests, and I can advise you too, whether you have a written agreement or just a few handshakes. I also proudly serve clients throughout Oakland and Macomb counties.

Mental Health and Gun Rights

November 9, 2023
Nov. 9, 2023  One of the more sensitive topics when it comes to firearm laws has to do with mental health and gun rights, and specifically what mental illnesses prohibit you from having a gun. This can be fairly complicated to address because both federal and state regulations come into play with gun rights. If you have questions about this topic or are concerned about your own rights to own a gun, call me at the Redmond Law Group for help in Troy, Michigan, and throughout Oakland County and Macomb County.

Wrongful Denial of Firearm Purchase/Transfer

October 3, 2023
Oct. 3, 2023  Getting a denial when trying to purchase or transfer a firearm can be frustrating and confusing. If you believe you have been wrongfully denied a firearm, I can help. As a gun rights attorney at Redmond Law Group, I am dedicated to fighting for clients to protect their constitutional right to gun ownership. I have helped many of my clients in Troy, Michigan, and throughout Oakland and Macomb counties to turn around an adverse decision when trying to purchase or receive a firearm.

Police Encounters When Carrying a Gun

August 30, 2023
Aug. 30, 2023  If you carry a firearm in Michigan, it’s essential that you know and fully understand Michigan’s gun laws. Knowing the laws can be invaluable if you have an encounter with police while you are carrying a firearm. If issues arise, it’s also important to seek advice and representation from an attorney. If you need help after an encounter with law enforcement while carrying a firearm, call me, Ian Redmond , at Redmond Law Group in Troy, Michigan. I can help you understand your gun rights and represent you if you’ve had an encounter with the police.

Firearm Carry Restriction Exemptions

July 27, 2023
July 27, 2023  If you possess a firearm or intend to possess a firearm in the future, it’s imperative that you stay informed about your rights and responsibilities. You are responsible for your own safety and the safety of others, and you should know your rights around carry restrictions—including some notable exemptions. If you require a Second Amendment attorney, call me, Ian Redmond, at Redmond Law Group , serving Troy, Michigan, as well as throughout Oakland and Macomb counties. I can work with you to help you understand your gun rights.

Understanding Gun Seizure and Returns

May 2, 2023
May 2, 2023  As a firearm owner, it can be unsettling to think about the possibility of the police seizing your weapon. However, there are certain circumstances in which law enforcement officers have the authority to take possession of citizens’ firearms. If your firearm was seized by federal law enforcement or local police, you need to understand gun seizure and return procedures. As a gun rights attorney at Redmond Law Group, I can explain the laws pertaining to gun seizures and make sure that you are informed of your legal options throughout the process. From my office in Troy, Michigan, I serve gun owners throughout Macomb and Oakland counties.

The Difference Between “Material” and “Immaterial” Contract Breaches

By Ash Walker • April 10, 2023
April 10, 2023  Running a business involves developing ties with other people and business entities. Of course, you need customers, but you will also often need suppliers, service providers, and professional assistance. In other words, to keep your business operating, you will need to forge agreements to help you in the operation of your business. These agreements will usually be a contract, whether it’s oral or in writing. A contract requires both parties to live up to what’s been agreed upon. For instance, you, as a retail store operator, would most likely have to enter into contracts with suppliers to bring you the products to sell. In return, you generally must pay them for those products. The contract the two of you agree to requires both sides to fulfill their obligations. For example, Supplier A must deliver 100 widgets every other Tuesday, but suddenly the shipment stops. This can be considered a breach of contract as the vendor failed to deliver the goods. However, the supplier contacts you and says that due to weather conditions, the shipment will be delayed until the week after. Is this still a breach? In legal terms, there are immaterial or minor breaches and material breaches. A week’s delay would no doubt be considered an immaterial breach, but if the shipments stopped altogether or for a substantial period of time and put your business in jeopardy, that would be considered a material breach. Material breaches can lead to lawsuits if not resolved in negotiations. If you’re involved in a contract dispute in or around Troy, Michigan, contact me at the Redmond Law Group. I am a business attorney with extensive knowledge of contracts, and their enforceability, and will help you resolve the situation, even if it requires courtroom action. I also proudly represent clients throughout Oakland and Macomb counties, Michigan.

Dispelling Business Formation Myths

March 27, 2023
March 27, 2023 Starting a business is the dream of many people in the United States, the “land of opportunity.” According to the Commerce Institute, five million businesses were started in 2022. More than one million new businesses were formed in each quarter of the year. Though many living among us or even living abroad want to own businesses here, misconceptions about business formation abound, and can slow the start-up process and make it difficult to move forward. If you’re looking to start and operate a business in Troy or anywhere else in Michigan, including Oakland or Macomb counties, contact me at Redmond Law Group. As a business law attorney, I’m ready to guide you through every step of the business formation process. Set up a consultation today.