Federal Firearms Licensing Laws
Both the federal and state governments have passed legislation regarding firearms; in the event of a conflict between federal and state laws, federal laws apply. The federal government is responsible for issuing federal firearms licenses, which are required in order to become a firearms dealer, among other activities. This article explains the major federal legislation pertaining to firearms licensing and explains how federal, state and local legislation work together.
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The Second Amendment
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The Second Amendment to the U.S. Constitution guarantees every citizen the right to keep and bear arms (with certain exceptions such as minors and convicted felons). However, the Second Amendment does not prevent the government from establishing strict licensing procedures for those who want to engage in other firearms-related activities such as establishing a gun dealership or collecting guns. This licensing is administered by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Licencing Restrictions
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You must be at least 21 years old to obtain a federal firearms license. You must also never have been imprisoned for a crime for more than one year. Fugitives, illegal aliens, alcohol and drug abusers, those dishonorably discharged from the U.S. military, and subjects of restraining orders for harassment, stalking or terroristic threatening are also prohibited from obtaining a federal firearms license. Finally, you must not have ever violated any federal firearms law or engaged in any other activity that would legally prohibit you from owning firearms. Although a mistake on ATF Form 7 could result in denial of your application, a deliberate falsehood may result in prosecution for perjury.
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License Types
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You must apply for the specific license type that represents the activity that you wish to undertake. These types include dealer, pawnbroker, collector, firearms manufacturer, ammunition manufacturer, and importer. A license will only entitle you to undertake the activity for which it was approved.
Application Process
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Before applying for a federal firearms license, you are required to find a suitable location for your establishment (in some cases your home will be considered appropriate). You must also deliver written notification to the highest-ranking local law enforcement authority in your jurisdiction of your intent to apply for a federal firearms license. You must then order ATF Form 7 from the appropriate website (see References below). ATF Form 7 is not available online. You must fill out the form, which will require you to certify that you have complied with all local laws and that you are not prohibited by law from obtaining a license.
Continuing Obligations
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After you receive your federal firearms license, federal law requires you to comply with all state and local requirements concerning the activity for which you were licensed. Failure to comply with these laws within the 30-day deadline or failure to remain in compliance could result in the suspension or revocation of your license in addition to local penalties.
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