All You Need to Know About FFL Dealership in Delaware

Table of Contents:

• Introduction to Delaware Firearm Laws
• How to Obtain a Federal Firearms License (FFL) in Delaware
• Firearms in Delaware: Permitted Vs. Restricted
• Selling Firearms Online Legally in Delaware
• Understanding Background Checks for Firearm Sales in Delaware
• Conclusion

Introduction to Delaware Firearm Laws

To obtain a Federal Firearms License (FFL) in the Delaware, including specific requirements for Delaware, follow this comprehensive step-by-step process:

How to Obtain a Federal Firearms License (FFL) in Delaware

Federal Requirements:

1. Meet the Requirements:
   • You must be at least 21 years old.
   • You must not have violated any federal firearms laws.
   • You must not have willfully violated the Gun Control Act or its regulations.
   • Certify compliance with state and local laws and notify local law enforcement.
   • Ensure secure gun storage or safety devices are available for non-licensees.

1. Complete Application Form:
   • Fill out ATF Form 7 (Application for Federal Firearms License).
   • Ensure all information is accurate and complete.
2. Choose Your FFL Type: There are different types of FFLs, each corresponding to specific activities related to firearms. For example:
   • Type 01 – Firearm Dealer/Gunsmith.
   • Type 02 – Pawnbroker.
   • Type 03 – Collector.
   • Type 06 – Manufacture of Ammunition.
   • Type 07 – Manufacturer of Firearms.
   • Type 08 – Importer of Firearms.
   • Type 09 – Dealer of “Destructive Devices”
   • Type 10 – Manufacturer of “Destructive Devices”

1. Submit Fingerprints and Photos:
   • Include fingerprint cards and passport-sized photos with your application.
2. Business Requirements:
   • Your business location must meet local zoning laws and not be in a prohibited area.
3. Receive ATF Inspection:
   • ATF will conduct an interview and may inspect your premises.
4. Receive Approval:
   • Upon approval, you’ll receive your FFL.

State Specific Requirements (Delaware):

1. Special License for Handguns:
   • If selling handguns, obtain a “special license to sell deadly weapons.”
   • Application fee varies, and the license is valid until June 1st of the following year.
2. Background Checks:
   • Conduct background checks on all purchasers and transferees before firearm transfers.
   • Maintain records of all sales including purchaser details, weapon information, and identification used.
3. Employee Requirements:
   • Keep a list of current employees and conduct annual criminal background checks.
   • Ensure employees are legally allowed to handle firearms under state law.
4. Private Sale Facilitation:
   • Licensed dealers must facilitate private sale transfers by conducting background checks on prospective buyers.
   • Both seller and buyer must appear together at the dealer’s place of business for the transaction.
5. Recordkeeping and Inspections:
   • Maintain comprehensive records of all transactions and employee background checks.
   • Records must be accessible for inspection by law enforcement at all times.
6. Compliance and Consequences:
   • Non-compliance with state regulations, such as failing to facilitate background checks, can result in license suspension.

Firearms in Delaware: Permitted vs. Prohibited

Source Link

Note: This table is based solely on the information provided in the given text. Some items lack specific details in the source material. For the most current and comprehensive information, please consult official Delaware state resources or a qualified legal professional.

Selling Firearms Online Legally in Delaware

1. Order Confirmation

• Verify the Order: Confirm the details of the order, including the firearm model, quantity, and customer information. Ensure that the customer’s shipping address is accurate.
• Contact the Customer: Send an email or call the customer to confirm their order and inform them of the next steps.

2. Customer Information Collection

• Request a Copy of ID: Obtain a clear copy of the customer’s government-issued ID. This is necessary to verify their identity and age.
• FFL Information: Request the contact details of a local Federal Firearms License (FFL) dealer in Delaware to which you will be shipping the firearm.

3. Shipping and FFL Transfer

• Choose a Shipping Carrier: Select a carrier that is authorized to handle firearm shipments and arrange for the delivery, keeping in mind the specific requirements of FFL Transfers.
• Ship to FFL Dealer: Send the firearm to the FFL dealer in Delaware. Ensure you include a copy of your FFL and any required paperwork.
• Notify the FFL Dealer: Inform the receiving FFL dealer about the shipment and provide them with any necessary documentation.

4. Compliance with Federal and State Laws

• ATF Regulations: Adhere to all Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations for firearm sales and transfers.
• Delaware State Laws: Verify that the firearm complies with Delaware state laws, including any restrictions or requirements specific to the firearm type.

5. Finalization

• FFL Dealer Transfer: Once the firearm arrives at the FFL dealer’s location, they will complete the background check and transfer process with the customer.
• Completion of Sale: The customer must complete the necessary paperwork and pass a background check before receiving the firearm.
• Record Keeping: Maintain detailed records of the transaction, including shipping documents, FFL paperwork, and customer correspondence.

Understanding Background Checks for Firearm Sales in Delaware

Criminal Background Check: In Delaware, private firearms transfers (i.e., transfers by non-firearms dealers) require a criminal background check on the prospective purchaser when neither the seller nor the buyer is a licensed dealer. If you are facilitating a transfer for an unlicensed seller, both the seller and the prospective purchaser must appear together at your place of business to complete the background check and transaction.

Prohibited Transactions: The transfer cannot proceed if the prospective buyer is prohibited from possessing, purchasing, or owning a firearm under state law. If 25 days pass from the background check request and no denial has been issued by the FBI or the State Bureau of Identification (SBI), the transfer may proceed.

Record Keeping: As an FFL, you must maintain a record of all criminal background checks completed at the request of unlicensed sellers. You may charge a fee of no more than $30 for each background check conducted.

Exceptions to Background Check Requirement: Certain transactions are exempt from the background check requirement, including:

• Transfers between extended family members or legal guardians.
• Firearms manufactured in or before 1898, certain replica firearms, and those made for hunting or competitive shooting.
• Transfers to active or retired law enforcement officers and individuals with a valid concealed carry permit.
• Transactions involving curios or relics to licensed collectors.
• Transfers as part of a voluntary gun-buyback program.

Special Considerations: If the buyer is a valid member of an organized church or religious group that prohibits photographic identification, they must appear before the State Bureau of Investigation (Bureau) to provide fingerprints for a criminal history check. A signed affidavit confirming their religious beliefs is also required.

Summary of Background Procedures:

• Initial Contact: When a customer from Delaware orders a firearm, you must initiate the background check through the SBI once the POC law is implemented (effective no later than June 30, 2023). Until then, background checks will continue to be conducted by the FBI.
• Notification to Proceed: You cannot sell, transfer, or deliver the firearm until you receive notification that you may proceed from the FBI or SBI. If there is no denial after 25 days, you may complete the transfer.

Conclusion

By following these federal and state-specific requirements, you can successfully obtain and maintain an FFL license to operate a firearm business in Delaware.

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Disclaimer: The information presented here has been compiled from multiple public sources. It serves as a general overview of firearm regulations and guidelines concerning the specific state. This content is intended for informational purposes only and should not be interpreted as legal advice or relied upon as a substitute for professional legal counsel.