All You Need to Know About FFL Dealership in Maryland

Table of Contents:

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

Introduction to Maryland Firearm Laws

To get an FFL (Federal Firearms License), you need to follow a step-by-step process, starting with the federal requirements, followed by the specific state requirements if you are operating in Maryland. Here’s everything you need to know:

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

Step 1: Federal Requirements

1. Eligibility: To apply for an FFL, you must meet these basic federal requirements:
   • Be at least 21 years old.
   • Be a U.S. citizen or lawful permanent resident.
   • Have a physical business location for your firearms operations.
   • Be legally allowed to possess firearms and ammunition (not prohibited under federal law, e.g., no felony convictions).
   • Have no history of violating the Gun Control Act or similar regulations.
2. Application Process:
   • Fill Out ATF Form 7: This is the application for a Federal Firearms License. You’ll need to provide information about your business, personal details, and other background information.
   • Submit Fingerprints and Passport-Style Photos: These are required documents for a thorough background check by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
   • Pay Application Fee: Fees vary depending on the type of FFL you’re applying for. For instance, a basic dealer license (Type 01) costs around $200 for the first three years.
   • ATF Background Check: After submission, the ATF will conduct a thorough background check. They may contact you for further information.
   • ATF Interview: Before approval, the ATF will likely schedule an in-person interview at your business location to ensure that you understand federal regulations and have the proper facilities to store firearms.
3. Approval: If your application is approved, you will receive your FFL, which is valid for three years. After that, you can renew it.

Step 2: State-Specific Requirements (Maryland)

Once you’ve secured your federal FFL, you need to follow Maryland’s specific rules if you want to operate there.

1. Maryland Firearms Dealer’s License:In Maryland, if you are dealing in regulated firearms (handguns and assault weapons), you need a state license in addition to your federal FFL.
   • Eligibility: You can only obtain a Maryland dealer’s license if you are not prohibited by federal or state law from possessing firearms or ammunition. For example, if you have a criminal record or certain mental health conditions, you may not qualify.
2. Application Disapproval: The Secretary of State Police may reject your application if you:
   • Provide false information.
   • Have a letter from a physician stating that you have a mental disorder that makes you a danger to yourself or others.
   • Plan to let someone who isn’t eligible to own a business with firearms or whose license has been revoked help manage your business.
3. Security Requirements:You must equip your business with certain security features, such as:
   • Video surveillance for the interior and exterior of the premises.
   • Secure doors and windows with physical barriers like bars, grates, or commercial-grade metal doors.
   • A monitored burglary alarm system.
   • If possible, barriers to prevent vehicle breaches. Alternatively, you can comply by locking firearms in a vault, safe, or secure room outside of business hours.
4. License Validity: The Maryland dealer’s license is valid for one year and must be renewed annually.
5. Records Maintenance:
   You are required to keep detailed records of all firearm transactions, including:
   • The names and addresses of people from whom you acquire firearms and to whom you sell them.
   • Details like the make, model, caliber, and serial number of every firearm.
   • The dates of all transactions. You must respond to requests from the Secretary of State Police for these records within 48 hours if they are related to a criminal investigation.
6. Inspection:
   The Secretary of State Police will inspect your business inventory and records at least once every two years, but they can do so at any time during regular business hours.

Firearms in Maryland: Permitted Vs. Restricted

Source Link

This table provides a high-level overview. Specific restrictions and exemptions may apply in certain cases. Always consult current Maryland law for the most accurate and up-to-date information.

Selling Firearms Online Legally in Maryland

1. Verify the Order: Ensure you have accurate information regarding the firearm being ordered and confirm the customer’s details.
2. Check Compliance: Verify that the firearm is legal to own in Maryland. Some firearms or configurations might be restricted or regulated.
3. Request FFL Information from the Customer: Inform the customer that they need to provide the FFL (Federal Firearms License) of a local dealer in Maryland who will receive the firearm on their behalf. This is crucial for the transfer process.
4. Ship to FFL Dealer: Send the firearm to the FFL dealer in Maryland. You’ll need to include a copy of your FFL and any required documentation with the shipment. This is done to ensure that the receiving dealer knows it’s coming from a licensed dealer and can process the transfer.
5. Complete ATF Form 4473: The customer will need to complete ATF Form 4473 when they pick up the firearm from the local FFL dealer. This form is essential for the background check and transfer of ownership.
6. Background Check: The FFL dealer in Maryland will conduct a background check on the customer. This is a federal requirement to ensure the buyer is legally allowed to own a firearm.
7. Transfer Fees: The customer may be responsible for any transfer fees charged by the local FFL dealer in Maryland. These fees vary by dealer.
8. Record Keeping: Maintain records of the transaction, including shipping documents and any correspondence related to the sale, in compliance with ATF regulations.

Understanding Background Checks for Firearm Sales in Maryland

In Maryland, the background check procedures for firearms are as follows:

1. Licensed Dealers:
   • Federally licensed dealers must initiate a background check on the purchaser before selling a firearm.
   • In Maryland, the Secretary of the Maryland State Police acts as a partial state point of contact for background checks.
   • For state-defined regulated firearms, purchasers must complete a state application form, which the Secretary will process and verify.
   • If the Secretary disapproves an application (e.g., due to a mental health issue), they must notify the seller or transferor within seven days.
2. Private Sellers:
   • Must process transfers of “regulated firearms” (handguns and assault weapons) and rifles and shotguns through a licensed dealer, who will conduct a background check.
   • Regulated firearms can also be transferred through a designated law enforcement agency.
   • Private sellers cannot transfer firearms to anyone they know or reasonably believe is a prohibited purchaser.
3. Long Guns:
   • For rifle and shotgun transfers, dealers must contact the FBI for a National Instant Criminal Background Check System (NICS) check.

Conclusion

First, obtain your federal FFL from the ATF by meeting eligibility requirements and completing the application process. Once you have your federal license, apply for the Maryland Firearms Dealer’s License if you plan to sell regulated firearms in Maryland. Follow the state’s specific security and record-keeping requirements to stay compliant.

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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.