All You Need to Know About FFL Dealership in Kansas
Table of Contents:
Introduction to Kansas Firearm Laws
If you are looking to establish yourself as a firearms dealer in Kansas, securing a Federal Firearms License (FFL) is a crucial first step. This blog post provides a detailed overview of the process, including federal regulations and Kansas-specific requirements.
Additionally, we will explore key considerations for online firearms sales and the proper execution of background checks to ensure compliance with the law.
How to Obtain a Federal Firearms License (FFL) in Kansan
To obtain a Federal Firearms License (FFL) in Kansas, follow these steps:
Federal Requirements
- Select the Type of FFL Needed: There are several types of FFLs, ranging from Type 01 (for dealers) to Type 10 (for manufacturers of destructive devices). Choose the appropriate type based on your business needs.
- 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”
- Ensure You Meet Basic Eligibility Requirements:
- 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.
- Complete ATF Form 7 (5310.12) or ATF Form 7CR (5310.16):
- Download and complete the application form from the ATF website.
- Submit the Application:
- Mail the completed application along with the required application fee to the ATF.
- Background Check and Fingerprints:
- Submit fingerprints and passport-style photos. These are used by the ATF to conduct a thorough background check.
- ATF Inspection:
- An ATF field office will contact you to schedule an interview and inspection of your business premises. This step ensures compliance with federal laws and regulations.
- Approval and Issuance of License:
- If the application and inspection are satisfactory, the ATF will issue your FFL. This process can take up to 60 days.
State-Specific Requirements in Kansas
- No State Licensing Requirement:
- Kansas does not require firearms dealers to obtain a state license. Federal licensing through the ATF is sufficient.
- Adherence to Federal Regulations:
- Even though Kansas does not impose additional licensing requirements, you must comply with all federal regulations, including conducting background checks for all firearm purchasers through the National Instant Criminal Background Check System (NICS).
- Zoning Laws and Local Ordinances:
- Ensure your business complies with local zoning laws and ordinances. Check with local authorities to confirm that your premises are appropriately zoned for operating a firearms business.
Firearms in Kansas: 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 | ✓ |
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Additional Notes:
- Machine guns and firearms capable of firing automatically more than once by a single trigger pull are prohibited.
- Short-barreled shotguns (barrels less than 18 inches) are prohibited.
- There are no specific prohibitions mentioned for assault weapons or large capacity magazines.
- While not explicitly stated, antique firearms are generally permitted under federal law.
- Teflon-coated ammunition is typically considered armor-piercing and is generally prohibited, though this is not explicitly stated in the provided Kansas laws.
Selling Firearms Online Legally in Kansas
- Online Order and Payment
When a customer from Kansas places an order for a firearm on your online store, ensure that you collect all the necessary information, including their name, address, and a copy of their government-issued ID. The customer should also complete the required paperwork, such as the ATF Form 4473 (Firearms Transaction Record), and provide payment for the firearm and any applicable fees.
- Shipping the Firearm
Once the order is processed and payment is received, you must ship the firearm to a licensed FFL dealer in the customer’s state (Kansas). The firearm cannot be shipped directly to the customer’s residence. You must use a common carrier (e.g., FedEx, UPS) that does not require a signature from the recipient upon delivery.
- Notification to the Receiving FFL
Before shipping the firearm, notify the receiving FFL dealer in Kansas that the firearm is being shipped to their location. Provide them with the tracking number and any other relevant information to ensure a smooth FFL transfer process.
- Receiving FFL’s Responsibilities
Upon receiving the firearm, the FFL dealer in Kansas must follow their state and local laws regarding the transfer of firearms. They will typically require the customer to complete additional paperwork and may conduct a background check. The receiving FFL dealer will then contact the customer to arrange for the transfer of the firearm.
- Customer Pickup
The customer must visit the receiving FFL dealer’s location in person to complete the transfer of the firearm. They will need to present a valid government-issued ID and complete any additional paperwork required by the state of Kansas. The receiving FFL dealer will then conduct a background check and, if approved, transfer the firearm to the customer.
- Record-keeping
As an FFL dealer, you must maintain accurate records of all firearm transactions, including online sales. These records must be kept for a minimum of 20 years and must be made available to law enforcement upon request.
Understanding Background Checks for Firearms Sales in Kansas
Federal Background Check Requirements
- Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm.
- Kansas is not a point of contact state for the NICS. As a result, firearms dealers in Kansas must initiate the federal background check by contacting the FBI directly.
- Federal law exempts concealed weapons license holders in Kansas from the federal background check requirement.
State Background Check Requirements
- Kansas has no law requiring firearms dealers to initiate background checks prior to transferring a firearm.
- Kansas does not require unlicensed sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm.
Conclusion
To get an FFL in Kansas, you need to follow federal guidelines. Pick the right type of FFL, meet eligibility rules, fill out ATF forms, and pass a background check. Kansas does not have extra licensing requirements. Make sure to follow all federal and local rules, keep accurate records, and conduct required background checks.
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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.
