All You Need to Know About FFL Dealership in Massachusetts
Table of Contents:
Introduction to Massachusetts Firearm Laws
Getting a Federal Firearms License (FFL) is a multi-step process that involves federal regulations and state-specific requirements, particularly if you’re looking to operate in Massachusetts. Below is a comprehensive, step-by-step guide to help you navigate the process.
How to Obtain a Federal Firearms License (FFL) in Massachusetts?
Step 1: Understand the Federal Requirements
Determine Your Eligibility:
- You must be at least 21 years old.
- You must not have any felony convictions or certain misdemeanors that would disqualify you from possessing firearms.
- You should not be a user of illegal drugs or have a history of mental illness.
Choose the Type of FFL:
There are several types of FFLs, depending 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”
Complete ATF Form 7:
- Obtain and fill out ATF Form 7 (Application for Federal Firearms License). This form requires detailed information about your business, including your personal information, business address, and the type of firearms you intend to deal with.
Submit the Application:
- Send your completed application, along with the appropriate fee (which varies based on the type of FFL), to the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) regional office.
Background Check:
- The ATF will conduct a background check on you and any responsible persons listed on the application. This includes checking for criminal history and ensuring you meet all eligibility criteria.
Interview with the ATF:
- After your application is reviewed, an ATF Industry Operations Investigator will contact you to schedule an in-person interview. This interview will cover your application and the regulations you must follow.
Receive Your License:
- If everything is in order and you pass the interview, you will receive your FFL in the mail. This process can take 60 days.
Step 2: Check Massachusetts State Requirements
Once you have your federal license, you must comply with Massachusetts state laws regarding firearms dealers:
Obtain a Massachusetts Firearms Dealer License: You must apply for a Massachusetts firearm dealer license through your local city or town police department (the licensing authority). This license is required to sell, rent, or lease firearms in the state.
Background Check: The licensing authority will conduct a background check on you, which includes an investigation into your criminal history. You will need to provide fingerprints, which will be submitted to the state police for review.
Age and Eligibility Requirements: Ensure you meet the state’s eligibility criteria. You cannot be an alien, a minor (under 18), or someone adjudicated as a “youthful offender.”
Business Location: Your business must be located in a commercial space and not in a residence. The license must specify the street address of your business.
Employee Background Checks: If you plan to hire employees, you must conduct background checks on them before hiring. This includes searching the state’s Department of Criminal Justice Information Services database.
Record-Keeping and Inspections: You are required to keep detailed records of all sales and inventory. The licensing authority will conduct at least one mandatory inspection of your records and inventory each year.
Display and Reporting Requirements: Firearms must not be displayed in any outer window or visible place. If a firearm is lost or stolen, you must report it immediately to the licensing authority.
Licenses for Ammunition Sales: If you plan to sell ammunition, you will need a separate license for that, which has similar requirements to the firearms dealer license.
Safety and Warning Notices: You must post a warning at your purchase counter regarding the lawful storage of firearms.
Firearms in Massachusetts: Permitted vs. Prohibited
| Firearm Types | Permitted | Prohibited |
| Rifles & Shotguns | Yes, with FID card | Large capacity without Class A/B license |
| Handguns | Yes, with Class A/B license | Without proper license |
| Large Capacity Firearms | Yes, with Class A license | Without Class A license |
| Machine Guns | Yes, with special license | Without special license |
| Antique Firearms | Yes | – |
| Assault Weapons | – | Yes, generally |
| Undetectable Firearms | – | Yes |
| Large Capacity Magazines | Yes, with Class A license | Without Class A license |
Source Link
Notes:
- “Large capacity” refers to specific definitions in MA law
- Additional restrictions apply in Boston
- Permits have various requirements and may have restrictions
- Non-residents have limited exceptions
- This table simplifies complex laws; consult official sources for complete details
Selling Firearms Online Legally in Massachusetts
Order Review: Review the order details and verify the customer’s information. Ensure the firearm is legal to own and ship to Massachusetts.
Customer’s Federal Firearms License (FFL): Massachusetts requires firearms to be shipped to a licensed FFL dealer. The customer must provide the contact information for the FFL dealer where they will pick up the firearm. Confirm this FFL dealer’s credentials and contact them to arrange the transfer.
Shipping the Firearm:
- Labeling and Documentation: Ensure the package includes a copy of your FFL, a copy of the sales invoice, and any other necessary documentation.
- Shipping Method: Use a shipping method compliant with both federal and state regulations. Most carriers have specific guidelines for shipping firearms.
Notify the Receiving FFL Dealer: Inform the Massachusetts FFL dealer about the shipment and provide them with the tracking number. This helps them prepare for the transfer and ensures compliance with state laws.
Massachusetts Compliance
- State Requirements: Massachusetts has stringent firearm laws, including an authorization for firearms transfers. Confirm that your shipment complies with Massachusetts regulations, which may include specific requirements for handguns and rifles.
- AG’s Office: Check if the firearm is listed on the Massachusetts Attorney General’s approved firearms list if it’s a handgun. The list ensures the firearm complies with state regulations.
FFL Transfer Process
- In-Person Requirements: The customer must complete a background check and fill out the required paperwork at the Massachusetts FFL dealer’s location. Massachusetts requires a Firearms Identification (FID) card or a License to Carry (LTC) for firearm purchases.
- State-Specific Forms: The FFL dealer will handle the Massachusetts-specific FFL transfer forms and ensure the customer meets all legal requirements.
Finalizing the Transaction: Once the background check is complete and all paperwork is in order, the FFL dealer will transfer the firearm to the customer.
Understanding Background Checks for Firearm Sales in Massachusetts
Federal Background Check Requirement
- Initiation of Background Check: Federal law mandates that federally licensed firearms dealers must conduct a background check on the purchaser before selling a firearm.
- Contacting the FBI: Massachusetts is not a point of contact state for the National Instant Criminal Background Check System (NICS). Therefore, you must initiate the background check by contacting the FBI directly.
State Licensing Requirement
- State License for Firearm Owners: In Massachusetts firearm owners must obtain a state license prior to purchasing a firearm.
- Background Check for License: The applicant for a firearm license must undergo a background check before the license is issued.
Verification Process for Dealers
- License Verification: Firearms dealers must verify the validity of the potential transferee’s license before transferring a firearm.
- MIRCS Submission: If the license was issued via the Massachusetts Instant Record Check System (MIRCS), you must electronically submit the following:
- The transferee’s license number
- The licensing authority that issued the license
- The type of firearm being purchased
- Whether the firearm is a large capacity weapon
- Identity Verification: You must verify the transferee’s identity and the validity of their license by scanning the fingerprint or entering the personal identification number on the license.
Handling Expired or Revoked Licenses
- If the license presented is expired, suspended, or revoked, you must:
- Notify the licensing authority
- Possibly take possession of the license (providing a receipt to the holder)
- Inform the holder about the need to renew the license and forward it to the licensing authority.
Additional Considerations for Private Sellers
- Private Seller Requirements: While private sellers are not explicitly required to conduct background checks, a law enacted in 2014 mandates that the Department of Criminal Justice Information Services develop a web portal for private sellers to conduct real-time checks of the purchaser’s Firearm Identification Card and other necessary licenses.
Conclusion
Ensure that you comply with these procedures when processing firearm sales to customers in Massachusetts to adhere to both federal and state laws.
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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.
