Yes. Under the federal Brady Law, only persons who meet certain requirements are allowed to be licensed as firearms dealers. Firearms dealers include persons who are:
- Engaged in the business of selling firearms at wholesale or retail
- Engaged in the business of repairing firearms or firearm parts
What Are the Requirements for Obtaining a Dealer's License?
In order to be licensed as a firearms dealer, a person must apply to the Bureau of Alcohol, Tobacco and Firearms (BATF). BATF will approve an application for a person who:
- Is at least 21 years old
- Disclosed all material information on the application
- Did not falsify any information on the application
- Has a place to operate the firearms business
- Certifies that the business location complies with all applicable zoning laws
- Certifies that the person will comply with all applicable laws for conducting the business within 30 days of being licensed
- Informs the local chief of law enforcement that the person intends to conduct business as a federally licensed firearms dealer at the stated location
What Are the Conditions of Being a Federally Licensed Dealer?
Federally licensed firearms dealers must follow numerous conditions in operating their business. Some of these conditions include the following:
- Keeping records of sales
- Running background checks of prospective firearm purchasers
- Following state and local firearms laws
Dealers are also required to refuse to sell firearms to the following persons:
- Persons whom the dealer has reason to believe is under the legal age to possess and purchase a firearm
- Persons who fail the background check
- Persons who do not live in the state where the dealer is located
- Persons who do not purchase the firearm in person
Do I Need an Attorney?
Violations of federal firearms laws are serious and can include criminal penalties. If you are a firearms dealer, or considering applying to be one, it would be wise to speak to a criminal law attorney about all applicable laws in your area, or to secure representation in the event you are charged with a federal violation.