All You Need to Know About FFL Dealership in California

December 3, 2024 Uncategorized
FFL Dealership in California
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Table of Contents:

Introduction to California Firearm Laws

California has some of the most restrictive gun laws in the United States, with stringent regulations governing the sale, possession, and use of firearms and ammunition.

Here’s a comprehensive overview of these laws, the types of Federal Firearms Licenses (FFLs) required, the process of obtaining an FFL, and the laws surrounding permitted and restricted firearms.

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

Types of FFL Licenses and Permits Needed to Do a Firearm Business in California

No matter if you are getting the FFL for California or for Florida, you still need to first get the ATF’s approval. The ATF’s requirements to obtain an FFL are straightforward. However, the real challenge lies with the specific licenses and regulations in California, which we will address in detail.

FFL Types

    • FFL Type 01: This dealer’s license allows the holder to engage in retail sales of firearms. The cost for the first three years is $200, and it costs $90 to renew for another three years.
    • FFL Type 02: This dealer’s license allows the holder to engage in retail sales of firearms and pawn firearms. The cost for the first three years is $200, and it costs $200 to renew for another three years.
    • FFL Type 03: This collector’s license can only be used on guns of a certain age or deemed to be a curio or relic primarily of value to collectors. The cost for the first three years is $30, and it costs $30 to renew for another three years.
    • FFL Type 07: This manufacturer’s license allows the holder to sell guns and manufacture non-NFA items for resale. The cost for the first three years is $150, and it costs $150 to renew for another three years.
    • FFL Type 08: This importer’s license allows the holder to import and sell firearms. The cost for the first three years is $150, and it costs $150 to renew for another three years.
  • FFL Type 09: This dealer’s license allows the holder to sell destructive devices, such as grenades, bombs, and other explosive items. The cost for the first three years is $3,000, and it costs $3,000 to renew for another three years.
  • FFL Type 10: This manufacturer’s license allows the holder to manufacture and sell destructive devices. The cost for the first three years is $3,000, and it costs $3,000 to renew for another three years.
  • FFL Type 11: This importer’s license allows the holder to import and sell destructive devices. The cost for the first three years is $3,000, and it costs $3,000 to renew for another three years.

Additional California State-Specific Requirements for an FFL

  • Certificate of Eligibility (COE): All firearms purchasers in California, including FFL applicants and their employees, must obtain a Certificate of Eligibility from the California Department of Justice (DOJ). This verifies you are not prohibited from possessing firearms.
  • Centralized List of Firearm Dealers: After getting the COE, you must register your business on the California Centralized List of Firearm Dealers.
  • Ammunition Vendor License: While not required for the FFL itself, California also requires a separate Ammunition Vendor License to sell ammunition in the state. FFL holders often obtain this as well.
  • Local Business Licenses: In addition to the state requirements, you’ll need to obtain any necessary local business licenses, permits, and zoning approvals to operate your firearms business.
  • Compliance with California Gun Laws: As an FFL holder, you must be fully knowledgeable and compliant with California’s strict gun laws, including regulations around assault weapons, handgun rosters, and private party transfers.
  • Ammunition Vendor License: While not required to obtain an FFL, an Ammunition Vendor License is needed to sell ammunition in California. This license is issued by the DOJ.

Firearms in California: Permitted Vs. Restricted

Permitted Firearms

  • Long Guns: Rifles and shotguns are generally permitted for purchase and possession in California, but they must be registered and comply with state regulations.
  • Handguns: Handguns are also permitted, but they must be listed on the state’s Roster of Handguns Certified for Sale and comply with other state regulations.

Restricted Firearms

  • Assault Weapons: It is illegal to sell firearms defined as “assault weapons” by the state, unless the buyer holds a Dangerous Weapons Permit issued by the California DOJ. This includes many semi-automatic rifles with military-style features.
  • Large-Capacity Magazines: Magazines that hold more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles and .22 caliber rifles.
  • NFA Firearms: California prohibits the possession of certain firearms classified as National Firearms Act (NFA) items, such as fully automatic firearms and short-barreled shotguns or rifles, without a license from the DOJ.

Selling Firearms Online Legally in California

  • Use a Licensed Firearms Dealer: Firearms ordered online must be shipped to a federally licensed firearms dealer (FFL) in California. The FFL will then complete the background check and paperwork to legally transfer the firearm to the buyer.
  • Ensure Compliance with California Laws: The firearm must be California-compliant, meaning if it is on the state’s Roster of Handguns Certified for Sale if it is a handgun. The FFL should ensure the firearm meets all California requirements before transferring it.
  • Obtain a Firearms Shipment Approval Number: If the seller is an FFL located outside of California, they must obtain a Firearms Shipment Approval number from the California Department of Justice (DOJ) before shipping the firearm to the California FFL. This is part of the California Firearms Licensee Check (CFLC) program.
  • Provide the Approval Number: The FFL shipping the firearm must provide the Firearms Shipment Approval number to the receiving California FFL. The firearm cannot be legally shipped without this number.
  • Complete California Transfer Process: Once the firearm arrives at the California FFL, the buyer must complete the standard California FFL transfer process, including a 10-day waiting period, Firearm Safety Certificate, and any other required paperwork and fees.

Best Practices for California Residents Engaging in Legal Online Gun Transactions

  • Ensure all transactions, from initial online purchase to final transfer, are conducted in full compliance with both federal and California state laws governing the sale and possession of firearms.
  • Be aware of and adhere to all requirements for background checks, waiting periods, and necessary certifications.

Understanding Background Checks for Firearm Sales in California

  • Firearms dealers in California are required to initiate the federally mandated background check by contacting the California Department of Justice (DOJ). This process ensures that the buyer is not prohibited from purchasing or owning firearms under state or federal laws.
  • The potential buyer must fill out a “Dealer Record of Sale” (DROS) form through a licensed dealer, who will then electronically submit this application to the DOJ on the same day.
  • The DOJ will review various records, including the federal National Instant Criminal Background Check System (NICS) and state databases, to verify if the individual is barred from purchasing or possessing firearms.
  • Waiting Period: A mandatory 10-day waiting period is imposed by California law once the background check process begins. This period allows adequate time for a thorough background check.
  • If the background check is approved and the waiting period passes without issues, the licensed dealer can then transfer the firearm to the purchaser.

Overall, the background check process in California is more extensive than the federal requirements, as the state serves as the “point of contact” for firearm purchases and utilizes both state and federal databases to determine the purchaser’s eligibility.

Conclusion

In conclusion, understanding and adhering to California’s stringent firearm laws and regulations are essential for those involved in online firearm transactions within the state. Compliance with both federal and state requirements, including background checks, waiting periods, and specific licensing procedures, is crucial to ensuring legal and safe transactions.

By following these guidelines, individuals and businesses can work through the complexities of California’s firearms legal environment responsibly and in accordance with the law.

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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.

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