All You Need to Know About FFL Dealership in Hawaii
Last updated on December 16th, 2024 at 11:42 am
Table of Contents:
Introduction to Hawaii Firearm Laws
Hawaii is known for its strict gun laws, which makes obtaining a Federal Firearms License (FFL) more challenging compared to other states. Anyone looking to engage in the business of manufacturing, importing, or selling firearms in Hawaii must obtain an FFL, and also comply with Hawaii’s state-specific regulations.
Additionally, you must navigate federal, state, and county laws simultaneously. Understanding these layers of regulations will help you successfully apply for and maintain your FFL.
How to Obtain a Federal Firearms License (FFL) in Hawaii
- Meet the Basic Federal Requirements:To apply for an FFL, you need to be at least 21 years old, a U.S. citizen or legal permanent resident, and not prohibited from handling firearms under federal law. You’ll also need a physical location for your business (even if it’s from home), as FFLs cannot be issued to P.O. boxes.
- Choose the Right FFL Type:There are several types of FFLs, each suited to different activities. For instance, if you plan to sell firearms, a Type 01 license for retail sales is ideal, while a Type 07 license would be needed if you want to manufacture firearms. Be sure to choose the license type that matches your business plans.
- Complete the ATF Application (Form 7):You’ll need to fill out and submit ATF Form 7. This form requires detailed information about your business and personal background. The application also includes a fingerprint card, passport-style photographs, and payment for the application fee, which varies depending on the type of license you are applying for.
- Submit the Application to the ATF:Once you’ve completed the application, mail it to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF will conduct a thorough background check and review your application for accuracy.
- Prepare for an ATF Interview and Inspection:After your application is reviewed, an ATF Industry Operations Investigator (IOI) will contact you to schedule an in-person interview. During the interview, the investigator will inspect your business premises to ensure compliance with all federal and state laws. They will also explain the responsibilities that come with holding an FFL.
- Receive Your FFL and Begin Business:If your application is approved, you will receive your FFL in the mail. Once you have your FFL, you can legally engage in the firearms business, but you must always comply with both federal and state laws, including background checks for buyers and keeping accurate records of all transactions.
- Renew and Maintain Compliance:FFLs need to be renewed periodically, typically every three years. You must continue to comply with federal, state, and local laws to maintain your FFL in good standing.
Hawaii State-Specific Requirements
- Annual State Licensing
In Hawaii, anyone engaged in the business of selling or manufacturing firearms must obtain a state license annually. The license expires on June 30 following the date of issuance. - Physical Inspection
All firearms in the possession of a dealer are subject to physical inspection by the chief of police of each county during normal business hours. - Compliance During National Emergencies
In times of national emergency, the state may revoke or suspend your dealer license, and all firearms in your possession may be seized and held by the state. - Maintaining Compliance
Dealers must comply with all state laws relating to the sale of firearms. Failure to:- Comply with state laws.
- Surrender firearms during a national emergency.
- Allow the Chief of Police to conduct inspections during business hours.
- These violations can result in the revocation of your state-issued license.
Step 3: Additional Requirements
- Background Checks
Under the Brady Act, you are required to conduct background checks on prospective firearm purchasers for each transfer of a firearm.
Firearms in Hawaii: Permitted vs. Prohibited
| Firearm Types | Permitted | Prohibited |
| Handguns | Yes, with permit and registration | No assault pistols |
| Rifles | Yes, with permit and registration | None specifically mentioned |
| Shotguns | Yes, with permit and registration | None specifically mentioned |
| Short-barreled rifles | No | Yes (barrel length under 16 inches) |
| Short-barreled shotguns | No | Yes (barrel length under 18 inches) |
| Machine guns | No | Yes |
| Assault weapons | No | Yes (assault pistols specifically mentioned) |
| Large capacity magazines | No | Yes (over 10 rounds for pistols) |
| Antique firearms | Yes, if using loose black powder | Other types may require registration |
| Teflon-coated ammunition | Not specifically mentioned | Not specifically mentioned |
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Note: This table provides a general overview. Specific restrictions and requirements apply to permitted firearms, including age restrictions, background checks, and storage regulations. Always consult current local laws and regulations for the most up-to-date and detailed information.
Selling Firearms Online Legally in Hawaii
Order Placement:
- When a customer from Hawaii places an order on your online firearm store, confirm the details of the firearm they are purchasing and ensure it is legal to own in Hawaii.
Contacting a Local FFL Dealer:
- The firearm cannot be shipped directly to the customer’s home in Hawaii. Instead, it must be sent to a local Federal Firearms License (FFL) dealer in Hawaii. The customer will need to provide the contact details of the local FFL dealer where they want to receive the firearm.
Verify the Local FFL Dealer:
- Once you have the details, verify the FFL license of the local dealer. This can be done by using the ATF’s FFL eZ Check system or contacting the local FFL directly to ensure their license is valid and active.
Shipping the Firearm:
- After verification, prepare the firearm for shipment. Ensure that the package is properly labeled and that the contents comply with federal shipping regulations. The firearm should be shipped only to the verified FFL dealer’s address in Hawaii.
Inform the Customer:
- Notify the customer that the firearm has been shipped to their chosen FFL dealer. Provide them with the tracking information and details about the next steps, which involve contacting the local FFL dealer.
Permit to Acquire:
- The customer must obtain a Permit to Acquire from their county police department before they can pick up the firearm. They should be advised to start this process immediately, as it can take time.
Background Check and Registration:
- Upon the firearm’s arrival at the local FFL dealer, the customer will need to visit the dealer to complete the necessary paperwork, including a federal background check. In Hawaii, the firearm must also be registered with the local police department within five days of its arrival.
Transfer of Firearm:
- Once the background check is completed and the customer has obtained their Permit to Acquire, the FFL dealer will transfer the firearm to the customer. The customer must then follow up with their local authorities to ensure the firearm is properly registered.
Record Keeping:
- As the selling FFL dealer, you must maintain detailed records of the transaction, including the firearm’s serial number, the details of the local FFL dealer, and any communication with the customer. This is essential for compliance with federal regulations.
Background Check Requirements for Firearm Sales in Hawaii
Permit Requirement: Anyone purchasing a firearm in Hawaii must first obtain a permit to acquire either a handgun or long gun. This involves a background check.
Background Checks: Hawaii is a “point of contact” state for NICS. The background check is conducted by local law enforcement using both state and federal databases. Local law enforcement, specifically the county police chief, handles permit processing and performs the NICS check.
Permit Validity:
- Handgun: A separate permit is required for each handgun purchase, and it is valid for only 10 days.
- Long Gun: The permit allows purchases for up to one year.
Lie and Try Law: If a permit application is denied, the chief of police must report the individual to various authorities, including local and federal law enforcement and the state Attorney General. Special reporting is required for applicants denied due to domestic violence orders or criminal convictions.
Exemptions:
- Under federal law, those with a state-issued permit (issued in the last five years and based on a background check) may be exempt from additional checks when purchasing firearms.
- In Hawaii, holders of concealed weapons licenses and firearm permits are generally exempt from further background checks when purchasing firearms.
Firearm Registration: Anyone bringing a firearm into Hawaii must register it with the county police chief where they reside or work. During registration, fingerprints and photographs may be required unless they are already on file. An NICS check is required before the firearm can be registered.
Conclusion
Firearm dealers in Hawaii must navigate stringent state laws alongside federal requirements for their FFL application and operation. Compliance with local regulations and annual state licensing are crucial for maintaining legality.
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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.
