Whether you’re looking to purchase a gun for sporting purposes or to add to a vintage collection, gun auctions are consistently one of the most popular auction types on the market. And while buying firearms at an auction may seem like it involves many hoops to jump through, the truth is this process is no more involved than many buying or selling other items at an auction.
To ensure you know everything about gun laws for auctions, we compiled a list of some of the common questions and topics people tend to inquire about.
Just about anyone can sell guns through an auction. Many auction houses have consignment auctions featuring firearms, in which case you’d simply call and set up your sale.
As for buyers, anyone can attend an auction as long as you’re 18 years old without a felony or other restrictions on your record (more on that later). According to federal laws, a dealer with a Federal Firearms License (FFL) can only sell a long gun (such as a rifle or shotgun) to buyers over the age of 18 and can only sell handguns to buyers over the age of 21.
At Dakil, we go through a process that verifies the buyer is legally qualified to purchase and own the firearm. First, we request an address that matches the address on a driver’s license. Then we run your name through a National Instant Criminal Background Check System (NICS).
The background check runs a person’s name through the following databases:
This process usually takes a few minutes to complete. If you pass the background check, you’ll have to sign and approve a Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473, which helps individuals or businesses with an FFL determine if they may lawfully sell or deliver a firearm to the buyer. In other words, the buyer verifies none of the restrictions listed apply to them.
Some of the restrictions include people who fall into any of the following categories:
Firearms can be purchased at both estate auctions and consignment auctions. When selling guns as part of an estate auction, the auctioneer is an agent of the executor and never takes possession of the firearms, they simply facilitate the auction. This means the auction house doesn’t need an FFL license to sell guns at an estate auction.
With a consignment auction, the original owner transfers ownership of the gun to an auction house, meaning the auction house would need an FFL to auction it off. Specific certifications aren’t required to sell a firearm at a consignment auction since a third party, in this case the auctioneer, sells the goods for you in exchange for a percentage of the profits. The seller needs to maintain possession of the firearms until the day of the auction.
Gun laws in Oklahoma are straightforward and among the least restrictive in the country. You don’t need a permit to purchase a gun, nor do you need to register the gun once you purchase it.
You also don’t need a permit to carry a gun if you’re at least 21 years old. There’s one exception: The age minimum drops to 18 years old if you’re a member or veteran of the United States Armed Forces, Reserves, or National Guard or were discharged under honorable conditions from the United States Armed Forces, Reserves, or National Guard.
Online auctions have grown in popularity, so it’s common for online bidders to bid on firearms. Since online auctions can reach as far as other states and countries, it’s important you check with your own state about their laws and requirements, such as registering a firearm or a permit to carry, before making purchases, especially online transactions. Auction houses aren’t responsible for knowing each individual’s situation.
At Dakil, bidders residing outside of Oklahoma will be required to supply shipping information for a licensed FFL in the same state they live. We’ll only ship to another FFL dealer, then you’ll complete your background check with the dealer you choose in your area. Check with the dealer regarding any fees they may charge you for the transfer service.
When possible, you should buy from a licensed dealer. Dealers with an FFL must meet a higher threshold. Plus, they keep track of ownership records and transactions in case you ever need that information in the future.
While auctioneers aren’t required to have a Federal Firearms License to sell firearms, we have ours at Dakil Auctioneers to allow for more peace of mind with our buyers and sellers. We are also deliberate in following state laws for all parties involved. For compliance, we list every serial number for the firearms before the auction.
We hold firearm auctions several times a year. One of our recent auctions featured more than 100 guns, including assault rifles, handguns, antique guns, shotguns, and ammunition. Contact our office at 405-266-2709 to inquire about upcoming firearm auctions. You can keep tabs on what’s on the docket by visiting our upcoming auctions page.
