All You Need to Know About FFL Dealership in Arkansas

Table of Contents:

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

Introduction to Arkansas Firearm Laws

Acquiring a Federal Firearms License (FFL) is essential for anyone looking to engage in the business of selling firearms. The process involves both federal and state requirements. Here’s a step-by-step guide to obtaining an FFL in Arkansas.

How to Obtain a Federal Firearms License (FFL) in Arkansas?

Step 1: Understand Federal Requirements

1. Determine Eligibility:
   • Be at least 21 years old.
   • Not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.
   • Have not violated the Gun Control Act (GCA) or its regulations.
   • Have not knowingly withheld important information or made false statements in their application.
   • Have a business location or premises for collecting firearms.
   • Certify compliance with state and local laws where the business is located, including notifying local law enforcement of their intent to apply for an FFL.
   • If operating as a dealer, ensure secure gun storage or safety devices are available at all sales locations for non-licensees.
2. Choose the Type of FFL:
   • There are different types of FFLs depending on your business model (e.g., retail, manufacturing, importing). The most common type for dealers is the Type 01 FFL.
   • 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. Complete ATF Form 7:
   • Download and fill out ATF Form 7 (Application for Federal Firearms License). Ensure all information is accurate and complete.
2. Prepare Required Documentation:
   • Include your fingerprints on the fingerprint cards (ATF Form 7 requires you to submit two fingerprint cards).
   • Obtain a passport-sized photograph.
   • Prepare a copy of your business formation documents (if applicable).
3. Pay the Application Fee:
   • The fee varies based on the type of FFL. For a Type 01 FFL, the fee is typically $200 for the first three years.
4. Submit Your Application:
   • Send the completed Form 7, fingerprints, photograph, and payment to the ATF. The address is provided on the form.

Step 2: Background Check and Interview

1. ATF Background Check:
   • After submission, the ATF will conduct a background check. This process can take several weeks.
2. Interview with ATF Agent:
   • An ATF agent will contact you to schedule an interview. This interview will cover your application and your understanding of federal firearms laws.

Step 3: Receive Your FFL

1. Approval:
   • If your application is approved, you will receive your FFL in the mail. This process can take several months, depending on the ATF’s workload.
2. Compliance:
   • Once you receive your FFL, you must comply with all federal regulations regarding firearms sales, including record-keeping and reporting requirements.

Step 4: State-Specific Requirements in Arkansas

1. State Licensing:
   • Arkansas does not require firearms dealers to obtain a state license. However, it is essential to check for any local ordinances or regulations that may apply to your business.
2. Compliance with Local Zoning Laws:
   • Ensure compliance with any local zoning laws or business regulations that may affect your firearms business.

Firearms in Arkansas: Permitted Vs. Restricted

Firearm Type	Permitted	Prohibited
Handguns
Rifles
Shotguns
Short-barreled rifles
Short-barreled shotguns
Machine guns
Assault weapons
Large capacity magazines
Antique firearms
Teflon-coated ammunition

Source Link

– Handguns: No permit is required for possession, but there are specific restrictions on carrying.

– Machine guns: Possession or use is restricted, especially for offensive purposes.

– Assault weapons: Defined as illegal for possession or use.

– Teflon-coated ammunition: Not explicitly mentioned; generally considered restricted.

Selling Firearms Online Legally in Arkansas

1. Order Confirmation and Payment Processing

• Verify Order Details: Confirm the specifics of the order, including the type of firearm, quantity, and customer information.
• Payment Processing: Securely process the payment through your online store’s payment gateway, ensuring that all transactions are compliant with applicable laws.

2. Customer Information Verification

• Collect Required Information: Obtain the customer’s full name, shipping address, and contact information.
• Age Verification: Confirm that the customer is at least 18 years old for long guns and 21 years old for handguns, as mandated by federal law.

3. Identify the Receiving FFL

• Customer’s FFL Selection: The customer must select a licensed FFL dealer in Arkansas to receive the firearm. This could be a local gun shop or any FFL willing to facilitate the transfer.
• FFL Information: Collect the receiving FFL’s contact details and license number. Ensure that the FFL is aware of the incoming transfer.

4. Prepare for Shipment

• Complete Required Documentation: Prepare the necessary ATF Form 4473, which the receiving FFL will use during the transfer process.
• Packaging: Securely package the firearm to prevent damage during shipping. Ensure that the packaging complies with shipping regulations for firearms.

5. Shipping the Firearm

• Select a Carrier: Choose a carrier authorized to ship firearms, such as UPS or FedEx. Be sure to check their specific regulations regarding firearm shipments.
• Labeling: Properly label the package according to the carrier’s requirements, avoiding any indication that it contains a firearm on the exterior.

6. Notify the Receiving FFL

• Send Tracking Information: Provide the receiving FFL with tracking details so they can anticipate the delivery.
• Confirm Receipt: Follow up with the FFL to ensure they have received the firearm and all necessary documentation.

7. Customer Notification

• Inform the Customer: Notify the customer that their order has shipped and provide tracking information. Encourage them to contact the receiving FFL to confirm the transfer process.

8. Transfer Process at the Receiving FFL

• Background Check: The receiving FFL will conduct a background check on the customer using the completed ATF Form 4473. In Arkansas, this is typically done through the Arkansas State Police or the NICS (National Instant Criminal Background Check System).
• Compliance with State Laws: Ensure that the FFL transfer complies with Arkansas state laws. Arkansas does not have a waiting period for firearm purchases, but the FFL must ensure that the customer is legally eligible to purchase the firearm.

9. Record Keeping

• Maintain Records: Keep detailed records of the transaction, including customer information, the FFL’s information, and any correspondence related to the sale. This is crucial for compliance with ATF regulations and for your own business records.

10. Customer Follow-Up

• Post-Sale Communication: After the transfer is complete, consider following up with the customer to ensure satisfaction and encourage feedback. This can help build customer loyalty and enhance your online store’s reputation.

Understanding Background Checks for Firearm Sales in Arkansas

Federal Requirements

• Federally licensed firearms dealers must initiate a background check on purchasers prior to the sale of a firearm.
• Federal law allows states to conduct their own background checks or have the FBI perform them using the National Instant Criminal Background Check System (NICS).

Arkansas Specifics

• Point of Contact: Arkansas is not a point of contact state for the NICS.
• Dealer Responsibilities: There is no state law requiring firearms dealers to initiate background checks before transferring a firearm. Dealers must contact the FBI directly to conduct the background check required by federal law.

Private Sales

• No Requirement for Private Sellers: Arkansas does not require private sellers (those who are not licensed dealers) to initiate a background check when transferring a firearm.

Additional Restrictions

• Minors: It is prohibited to furnish a firearm to a minor without consent from a parent or guardian, with violations classified as a Class B felony if the firearm is a handgun.
• Prohibited Individuals: It is illegal to transfer a handgun to someone known to have been convicted of a felony, with violations classified as a Class A misdemeanor, escalating to a Class B felony if the firearm is a handgun or specified firearm.

Conclusion

To get a Federal Firearms License (FFL) in Arkansas, follow federal steps including eligibility checks, choosing the right FFL type, completing ATF Form 7, and passing a background check and interview. Arkansas does not need a state license, but check local rules. For online sales, confirm orders, verify customer details, use a licensed FFL for transfers, and follow federal and state laws for shipping and transfers.

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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.