Federal Regulations for Firearms Dealers Laws

Does Federal Law Regulate Who Can Sell Firearms?

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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
• Pawnbrokers

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.

Last Modified: 05-29-2018 12:43 AM PDT

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