Bipartisan Background Checks Act Closes Private Sale Loophole: Most Gun Transfers Must Now Go Through Licensed Dealers

The Bipartisan Background Checks Act of 2025 is designed to make sure that anyone legally barred from owning a firearm can’t get one, even in a private sale. The core of this bill is simple: it mandates that nearly all firearm transfers between two unlicensed people must first be processed by a federally licensed gun dealer (a Federal Firearms Licensee, or FFL). That FFL will then run the standard federal background check, just like they would for a sale out of their own inventory. This new rule kicks in 180 days after the Act becomes law (SEC. 3).

The End of the Handshake Deal

If you’ve ever bought or sold a gun privately—say, at a gun show or through a classified ad—you know the current system often relies on trust and local laws. This bill changes that. If you want to sell your old hunting rifle to your neighbor, you can’t just meet up and exchange cash and the gun. Under this Act, you’d both have to go to an FFL. The dealer takes possession of the firearm, runs the background check on the buyer, and handles the transfer paperwork. If the buyer fails the check, the dealer returns the gun to you, the original seller (SEC. 3).

For the average person, this means two things: time and money. While the bill doesn’t set a fee, FFLs will charge for their time and liability, which means that private transfers now come with an added cost and a trip to the dealer. This could create a procedural hurdle for law-abiding citizens who just want to sell or buy a firearm privately, adding friction to transactions that were previously simple.

Who’s Exempt? Family, Emergencies, and the Range

Recognizing that not every transfer is a commercial sale, the bill carves out some important exceptions. You can still transfer a firearm without going to an FFL if you’re giving it as a genuine gift or loan to immediate family—spouse, parents, children, siblings, aunts/uncles, and grandparents/grandchildren. However, there’s a catch: you can’t make that transfer if you have any reason to think the recipient is prohibited from owning a gun or intends to use it in a crime (SEC. 3). This subjective standard places the burden of judgment squarely on the person giving the gift, which could lead to tricky liability issues.

Other key exemptions cover temporary transfers, like handing a firearm to a friend at a shooting range or designated hunting area, or transfers necessary to prevent “imminent death or serious bodily harm.” This emergency exception is critical, but it’s a high bar, specifying the transfer must be “absolutely necessary” and only for the time needed to stop the immediate danger. For someone facing a sudden, credible threat, the need for a quick transfer is covered, but it will likely be scrutinized after the fact.

The Paperwork and the Promise

One provision aimed at ensuring compliance requires FFLs to provide written notice about firearm prohibitions, in both English and Spanish, to the recipient of the transfer. The recipient must then sign a form certifying they received this notice (SEC. 3). This move acknowledges the administrative reality of processing these checks and attempts to make the process accessible to a wider audience.

Crucially, the Act explicitly states it does not create a national firearms registry, nor does it prevent states from passing their own, potentially stricter, gun laws. The goal here is procedural: to use the existing background check system more comprehensively. For busy people, the takeaway is clear: nearly all private gun transfers now involve a trip to a licensed dealer, a background check, and likely a service fee. It closes a major loophole but introduces new costs and administrative steps into the process.