Virginia Private Firearm Sales: What Changed—and Why Using an FFL Transfer Still Protects You

Kenny
Nov 3
5 min read

If you’re a Virginia gun owner wondering whether you still need a background check for a private sale, you’re not alone. Recent developments have changed how private transactions work in the Commonwealth. In October 2025, a Virginia circuit court issued a permanent injunction halting enforcement of the state’s “universal background check” law for private sales. The Virginia State Police have since stated that they will not run criminal-history checks for private sales and that such checks are not required under current law. foundation.gunowners.org +1

That’s a big shift from the rule that went into effect in 2020 requiring background checks for all firearm sales—including private transactions—under Va. Code § 18.2-308.2:5. Virginia Law

Below, we’ll explain what changed, why a cautious seller should still consider an FFL transfer, and how ODM Firearms can help with easy, compliant private-party transfers—or simply buy your guns outright for top dollar.

The short version: Private sale background checks are not currently required in Virginia

On October 16, 2025, the Twenty-Fourth Judicial Circuit (Lynchburg) issued a permanent injunction in Wilson v. Colonel Matthew D. Hanley (Superintendent, Virginia State Police), stopping enforcement of the universal-background-check requirement for private sales. As a result, Virginia State Police will not provide private-sale background checks, and Virginia law does not presently require them. Always remember that court orders can be appealed or superseded by new legislation, but as of today, that’s the operative status. foundation.gunowners.org +1

For historical context, the 2020 legislation (HB2/SB70) had required checks even between private individuals, enforced through a dealer, and made failure to obtain a check a misdemeanor. That framework is the one the court blocked in Wilson. WSET

So… should you skip the transfer? Here’s why we still recommend using an FFL

Even though the background check for a private sale isn’t currently mandatory, playing it safe is smart. Having a licensed dealer facilitate the transfer offers practical protections:

1) Liability protection and documentation Using an FFL creates a clean paper trail: who sold what, to whom, and when. If a firearm later turns up in an investigation, a proper 4473 and a state background check (for dealer sales) show you took reasonable steps. That documentation can help limit questions and reduce headaches for a private seller.

2) Prohibited-person screening While you’re no longer required to route private sales through a check, you also don’t want to unknowingly sell to a prohibited person. Having a dealer handle the transfer helps ensure the buyer is legally eligible—protecting you and the community.

3) Clear compliance with other rules FFLs stay current with evolving state and federal rules (residency, age restrictions, interstate issues, identification requirements, and more). If anything changes again, your dealer will know the latest.

4) Peace of mindFor many sellers, paying a modest transfer fee is worth the peace of mind that comes with professional handling.

Bottom line: No current mandate for private-sale checks in Virginia, but a dealer transfer remains the safest path for most individuals.

ODM Firearms: Private-party transfers made easy (and we buy guns, too)

ODM Firearms is your local, licensed resource for smooth, no-stress private-party transfers and collection purchases across Virginia. We’re experienced, personable, and operate with the same friendly feel as your hometown gun shop—because that’s who we are.

Private-party transfers

We’ll walk both parties through a proper transfer, confirm IDs, and handle all the dealer-side compliance steps that apply.
You get professional oversight, a formal record, and confidence the buyer is eligible.
Ask about efficient scheduling and transparent pricing.

We buy firearms—single pieces to entire estates

If you’d rather sell to a dealer than arrange a private transfer, we buy guns in any condition—from one firearm to entire collections. We routinely purchase:

Rifles, shotguns, and handguns (modern, classic, and collectible)
Curio & Relic and antique firearms
NFA items (transferable machine guns, SBRs, SBSs, suppressors—legally registered)
Ammo, optics, accessories, manuals, and hunting/outdoors gear

We’re known for being fair, fast, and discreet—and we pay top dollar for desirable pieces and well-curated collections. If you’re handling an estate or downsizing a collection, we can evaluate, make a strong offer, and handle the logistics.

When is a dealer transfer especially wise?

Even without a legal requirement, a dealer transfer is the smart move if any of the following apply:

You don’t know the buyer well. Third-party screening reduces risk.
The firearm is high value or collectible. Documentation supports provenance and future resale.
You’re selling multiple guns. Transfers help keep records tidy and consistent.
You just want it done right. Let a pro handle the details.

Tips for Virginia gun sellers (and why ODM helps)

Searching for information? You’ll often see terms like “Virginia private gun sale,” “do I need a background check for private gun sale in VA,” “sell my gun in Virginia,” “Virginia FFL transfer,” “estate gun buyer Virginia,” and “we buy gun collections Virginia.” If you landed here using any of those, you’re in the right place:

Virginia Private Gun Sale: As of now, private checks aren’t required, but an FFL transfer is still a best practice. Virginia State Police
FFL Transfer Near Me: ODM Firearms offers quick, courteous transfer services to protect sellers and buyers.
Sell My Guns / We Buy Guns: Prefer to skip the private sale altogether? We pay competitively and handle everything professionally.
Estate Firearms / Collection Liquidation: From a few items to hundreds, we provide valuations and direct purchase options—and we can coordinate NFA transfers for items that require it.

How to proceed—step by step

Decide whether to sell privately or directly to ODM Firearms.
If selling privately, contact us to schedule a dealer-facilitated transfer for documentation and peace of mind.
If selling to us, we’ll evaluate your items (or entire collection) and make a strong, no-pressure offer.
Get paid quickly and confidently.

A quick word on legal changes

Laws and court orders can change. The injunction halting enforcement of the universal-background-check requirement is current as of the publication date of this post. ODM Firearms monitors updates from the Virginia State Police and the courts. If the legal landscape shifts, we’ll adjust our processes immediately. For specific legal questions, consult an attorney.

Contact ODM Firearms

Ready for a smooth transfer—or a strong cash offer? ODM Firearms is here to help with private-party transfers, collection purchases, and estate liquidation across Virginia.

Friendly, professional service
Top-dollar offers for collections
Fast, discreet transactions

Get in touch today at 757-937-1803 or shoot us an email at ODMFFL@gmail.com and let’s make your next sale simple, safe, and stress-free.

Sources & further reading

Court order (Opinion Letter) in Wilson v. Colonel Matthew D. Hanley (Lynchburg Circuit Court, Twenty-Fourth Judicial Circuit), Oct. 16, 2025—permanent injunction halting enforcement of Virginia’s universal background check law for private sales. foundation.gunowners.org
Virginia State Police – Firearms FAQ (current notice): “Virginia law currently does not require, and VSP will not provide, criminal history background checks for the private sale of firearms.” Virginia State Police
Background & history (2020 law): universal background checks for all sales under Va. Code § 18.2-308.2:5 (historical reference to the now-enjoined framework). WSET
Press statement summarizing the ruling (helpful overview; official advocacy source). gunowners.org

This post is for general informational purposes only and is not legal advice. Always verify current requirements before completing a transfer.