All You Need to Know About FFL Dealership in New Hampshire
Last updated on December 16th, 2024 at 12:45 pm
Table of Contents:
Introduction to New Hampshire Firearm Laws
Understanding the FFL process is essential for anyone looking to engage in the sale of firearms, whether you plan to operate a retail store, engage in gunsmithing, or conduct private transfers.
This blog post will provide you with the necessary information on obtaining an FFL, the types of licenses available, and the legal obligations you must meet as a dealer in New Hampshire. By familiarizing yourself with these aspects, you can navigate the complexities of the firearms industry effectively and responsibly.
How to Obtain a FFL license in New Hampshire
Choose the Type of FFL Needed:
There are several types of FFLs depending on the nature of your business. For most firearm sales, you’ll need a Type 01 (Dealer in Firearms) license.
- 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 the ATF Form 7:
- Obtain and fill out ATF Form 7 (Application for Federal Firearms License) from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) website.
Submit Application and Pay Fee:
- Submit the completed Form 7 to the ATF with the appropriate fee. The cost varies based on the type of FFL.
Undergo a Background Check:
- All responsible persons in your business will need to undergo a background check conducted by the ATF.
ATF Review and Inspection:
- An ATF industry operations investigator will review your application and conduct an on-site inspection of your business premises.
Receive Your FFL:
- If approved, you’ll receive your FFL from the ATF. This allows you to legally engage in firearms transactions.
New Hampshire State-Specific Requirements
- Obtain a Local Handgun Sales License:
- To sell handguns, you must obtain a local license from the selectmen of a town or the chief of police of a city. This license is valid for up to three years.
- Conduct Business According to License:
- Operate your business in the building designated in your license or at specific sporting shows or collectors’ meetings.
- Display Your License:
- Your license must be displayed prominently on your premises where it can be easily read.
- Deliver Firearms Properly:
- Deliver firearms only to purchasers who provide evidence of their identity or to those personally known to you.
Firearms in New Hampshire: Permitted vs. Restricted
Firearm Type | Permitted | Prohibited |
Rifles | ✔️ | |
Shotguns | ✔️ | |
Handguns | ✔️ | |
Purchase | ✔️ | ❌ (to felons and minors without parental permission) |
Possession | ✔️ | ❌ (for felons and those under protective orders) |
Open Carry | ✔️ | |
Concealed Carry | ✔️ | |
Transport in Vehicle | ✔️ | ❌ (if prohibited by statute) |
Carry on Snowmobiles | ❌ | ✔️ (must be unloaded) |
Carry on Recreational Vehicles | ❌ | ✔️ (must be unloaded) |
Carry in Courtrooms | ❌ | ✔️ (prohibited) |
Carry in Restaurants | ✔️ | |
Machine Guns | ❌ | ✔️ (federal law applies) |
Antiques | ✔️ | |
Shooting Ranges | ✔️ |
Source Link
Selling Firearm Online Legally in New Hampshire
Verify the Order
- Check the Order Details: Ensure that all information provided by the customer is complete and accurate, including the type of firearm, quantity, and shipping address.
- Age Verification: Confirm that the customer is at least 18 years old for long guns and 21 years old for handguns, as per federal law.
Compliance with State Laws
- Research Local Regulations: Familiarize yourself with New Hampshire’s firearm laws, including any restrictions on specific types of firearms, magazine capacities, or other regulations.
- Check for Local Restrictions: Some municipalities may have additional regulations, so it’s essential to verify that the firearm is legal to sell and possess in the customer’s locality.
Payment Processing
- Accept Payment: Ensure that you have a secure payment processing system in place. Accept payments through methods that comply with federal regulations.
- Record Keeping: Maintain accurate records of the transaction for compliance with ATF regulations.
Shipping the Firearm
- Use a Licensed FFL: Firearms must be shipped to another FFL dealer in New Hampshire. You cannot ship directly to the customer.
- Select a Carrier: Choose a carrier that is authorized to ship firearms (e.g., UPS, FedEx). Ensure that you comply with their specific requirements for shipping firearms.
Prepare the Shipment
- Packaging: Package the firearm securely to prevent damage during transit. Use appropriate materials and label the package clearly.
- Include Required Documentation: Include a copy of your FFL and any other necessary paperwork, such as a packing slip or invoice.
Notify the Receiving FFL
- Contact the Receiving Dealer: Inform the FFL dealer in New Hampshire that you are shipping a firearm to them. Provide them with the tracking number and any other relevant details.
- Confirm Transfer Procedures: Ensure that the receiving dealer is aware of any specific procedures they may have for receiving and processing the firearm.
Customer Notification
Keep the Customer Informed
- Update on Shipment: Notify the customer when the firearm has been shipped and provide them with the tracking information.
- Explain Transfer Process: Inform the customer about the next steps, including how to complete the FFL transfer at their local FFL dealer. They will need to complete a background check and fill out the ATF Form 4473.
Record Keeping
- Document the Transaction: Keep detailed records of the sale, including the customer’s information, the firearm’s serial number, and the details of the transaction.
- ATF Compliance: Ensure that your records comply with ATF regulations, as they may be subject to inspection.
Understanding Background Checks for Firearms Sales in New Hampshire
As a Federal Firearms License (FFL) dealer operating an online firearm store, it is crucial to understand the background check procedures specific to New Hampshire, especially when dealing with customers from this state.
Federal and State Requirements
Federal Requirement: Federal law mandates that federally licensed firearms dealers must initiate a background check on purchasers before selling a firearm. This requirement applies to handgun sales and is conducted through the National Instant Criminal Background Check System (NICS).
New Hampshire’s Role: New Hampshire is classified as a “partial point of contact” state for NICS. This means:
- The New Hampshire Department of Safety (DOS) is authorized to act as a point of contact for NICS but is not required to do so for all types of firearms.
- The DOS has opted to conduct background checks for handgun sales but not for long gun sales.
Specific Procedures for Your Online Sale
For Handgun Sales: If your customer in New Hampshire ordered a handgun, you must initiate the background check by contacting the New Hampshire Department of Safety (DOS).
For Long Gun Sales: If the order is for a long gun, you need to contact the FBI directly to perform the required background check.
Private Sales
It is important to note that New Hampshire does not require private sellers (those who are not licensed dealers) to initiate a background check when transferring a firearm. This means that if your customer is purchasing from a private seller, no background check is mandated by state law.
Conclusion
Ensure that you follow the appropriate procedures based on the type of firearm being sold to your customer from New Hampshire. For handguns, contact the New Hampshire DOS; for long guns, reach out to the FBI. Understanding these requirements will help you comply with both federal and state laws effectively.
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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.