All You Need to Know About FFL Dealership in Minnesota

Table of Contents:

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

Introduction to Minnesota Firearm Laws

In Minnesota, getting an FFL involves both federal and state-level requirements. The process begins with meeting federal regulations set by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and then ensuring compliance with Minnesota’s specific firearm laws. Here’s a step-by-step process:

How to Obtain a Federal Firearms License (FFL) in Minnesota

Step 1: Federal Requirements for Obtaining an FFL

1. Select the Type of FFL You Need
   
   There are several types of FFLs, each catering to different aspects of the firearms business. The most common types include:
   • Type 01: Dealer in firearms
   • Type 02: Pawnbroker in firearms
   • Type 03: Collector of Curios and Relics
   • Type 07: Manufacturer of firearms and ammunition
     Choose the type that best fits your business model.
2. Complete ATF Form 7
   • Application: Download and fill out ATF Form 7(Application for Federal Firearms License).
   • Information Required: You will need to provide personal information, business details, and the type of FFL you are applying for.
3. Submit Your Application
   • Fee Payment: Include the appropriate fee with your application. Fees vary based on the type of FFL.
   • Mailing: Send your completed application to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) at the address specified in the form.
4. Background Check
   • Fingerprinting: You will need to submit fingerprints and photographs as part of your application.
   • Criminal Background Check: The ATF will conduct a background check to ensure you meet the eligibility requirements.
5. Interview with the ATF
   • Inspection: An ATF Industry Operations Investigator will contact you for an interview. This may involve a site visit to ensure you understand federal laws and regulations.
6. Receive Your License
   • Approval: If your application is approved, you will receive your FFL in the mail. This process can take a couple of months.

State-Specific Requirements (Minnesota)

Comply with security requirements: Small firearms dealers (displaying 50 handguns or less) must secure all handguns in a locked safe, locked steel gun cabinet, or on a locked steel cable that runs through the trigger guards after business hours. The safe, cabinet, or cable must be anchored to prevent removal.

Comply with waiting period and background check laws: Licensed dealers must comply with Minnesota’s waiting period and background check requirements for all firearm sales.

Avoid selling certain unsafe handguns: Minnesota prohibits licensed dealers from selling certain unsafe handguns that do not meet design safety standards.

Remember to regularly review and comply with all federal and state regulations governing your firearms business. Consulting with an attorney or industry association can also help ensure you meet all legal requirements.

Firearms in Minnesota: Permitted vs. Prohibited

Source Link

• Prohibited individuals include: minors (under 18), convicted felons, mentally ill persons, drug offenders, and others as specified in state law.
• Authorized persons may include law enforcement, military personnel, and certain collectors or manufacturers.
• Semiautomatic military-style assault weapons” require a permit to purchase and are subject to additional regulations.

Note: This table provides a general overview. Specific regulations, exceptions, and definitions apply. Always consult current Minnesota statutes or a legal professional for the most up-to-date and detailed information.

Selling Firearms Online Legally in Minnesota

Verify the Order

• Confirm Payment: Ensure that you have received full payment for the firearm.
• Review Order Details: Double-check the specifics of the order, including the type of firearm, any accessories, and the customer’s age.

Check Compliance with State Laws

• Understand Minnesota Laws: Familiarize yourself with Minnesota’s firearm laws, which may differ from federal regulations. This includes any restrictions on the type of firearms that can be sold and any additional requirements for transfers.
• Age Verification: Ensure the customer is at least 18 years old for long guns and 21 for handguns, as per federal law.

Prepare for Transfer

• Identify a Local FFL: The customer must complete the FFL transfer through a licensed FFL dealer in Minnesota. You’ll need to find a local FFL dealer who can receive the firearm on behalf of the customer.
• Contact the Local FFL: Reach out to the chosen local FFL dealer to confirm they are willing to accept the transfer. Discuss any fees they may charge for the transfer process.

Ship the Firearm

• Packaging: Safely package the firearm for shipping. Use appropriate materials to prevent damage during transit.
• Shipping Method: Ship the firearm using a carrier that complies with federal regulations for transporting firearms (e.g., UPS or FedEx).
• Documentation: Include a copy of your FFL and any required shipping documentation. Ensure that the shipping label clearly indicates the package contains a firearm.

Notify the Customer

• Provide Tracking Information: Once the firearm is shipped, send the customer the tracking number so they can monitor the shipment.
• Inform About Transfer Process: Explain to the customer what to expect at the local FFL dealer for the firearm transfer process, including the need for a background check and any state-specific paperwork they may need to complete.

Complete the Transaction

• Follow-Up: After the firearm has been received by the local FFL, follow up with the customer to ensure they are satisfied with the transaction.
• Record Keeping: Maintain accurate records of the sale, including the buyer’s information and the transfer details, as required by federal law.

Understanding Background Checks for Firearm Sales in Minnesota

1. Purchasing Handguns and Assault Weapons:
   • Minnesota requires purchasers of handguns and semiautomatic military-style assault weapons to obtain a transferee permit that includes a background check, unless they are buying from a licensed gun dealer.
   • Licensed gun dealers must perform background checks on all gun purchasers as mandated by federal law.
2. Private Sales:
   • If both parties to the transaction are unlicensed, they can facilitate the sale through a federally licensed gun dealer.
   • A concealed carry permit serves as a transferee permit for purchasing handguns or assault weapons.
3. Exemptions:
   • Certain transfers between immediate family members and temporary transfers are exempt from the transferee permit requirement.
   • Transfers of non-military style semiautomatic long guns between private individuals do not require a background check.

Criminal Liability for Non-compliance

• Individuals transferring handguns or semiautomatic military-style assault weapons without complying with state background check requirements may face criminal liability if:
  • The transferee possesses or uses the firearm in furtherance of a felony crime of violence within one year after the transfer.
  • The transferee was prohibited from possessing the weapon at the time of the transfer, or it was reasonably foreseeable that the transferee would use or possess the weapon in furtherance of a felony.
• It is also a gross misdemeanor to intentionally transfer a firearm to someone known to be ineligible to possess it under state law.

Background Check Procedures for FFL Dealers

• In Minnesota, FFL dealers must initiate background checks by contacting the FBI directly, as Minnesota is not a point of contact state for firearm purchase background checks.
• If a person wishes to acquire a handgun or semiautomatic military-style assault weapon from a federally licensed dealer and does not have a transferee permit or a permit to carry, the dealer must report to the local police chief or sheriff, who will then perform a background check.
• Local law enforcement must conduct background checks for all transferee permit applications and permit to carry applications.

Conclusion

When processing an order from a Minnesota customer, ensure they have the necessary transferee permit or concealed carry permit for handguns and assault weapons. If not, facilitate the transaction through a federally licensed gun dealer to comply with state regulations. Always perform the required background checks as outlined to avoid legal repercussions.

Automate Your Firearm Business with Flxpoint!

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.