All You Need to Know About FFL Dealership in New Mexico

Last updated on December 16th, 2024 at 01:28 pm

Table of Contents:

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

Introduction to New Mexico Firearm Laws

In New Mexico, understanding the requirements, regulations, and processes involved in obtaining and operating an FFL dealership is essential for anyone interested in entering this field.

This blog will provide comprehensive information about FFL dealerships in New Mexico, including licensing requirements, types of licenses available, and the legal landscape governing firearm sales in the state.

How to Obtain a Federal Firearms License (FFL) in New Mexico

To obtain an FFL (Federal Firearms License) for your firearm dealership, follow these step-by-step processes, starting with federal requirements and then addressing New Mexico’s specific regulations as mentioned in the content:

Federal Requirements:

1. Meet Eligibility Requirements:
   • – Be at least 21 years old.
   • – Not be prohibited from handling firearms or ammunition.
   • – Not have violated the Gun Control Act (GCA).
   • – Not withholding information or making false statements.
   • – Have a business location for firearms.
   • – Certify compliance with state and local laws and notify local law enforcement.
   • – Ensure secure gun storage or safety devices are available for non-licensees.
2. Identify the Type of FFL You Need:

Determine which type of FFL best suits 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”

1. Complete the Application:
   • Fill out ATF Form 7 (Application for Federal Firearms License).
   • Submit fingerprint cards and passport size photos.
2. Establish Business Premises:
   • Your business location must comply with zoning laws and local regulations.
3. Ensure Compliance with State and Local Laws:
   • While New Mexico does not require a state license for firearm dealers, ensure compliance with all local zoning and business regulations.
4. Pay Application Fees:
   • Pay the required application fee as specified by the ATF.
5. ATF Inspection:
   • ATF may schedule an on-site inspection of your business premises.

New Mexico Specific Requirements:

1. Universal Background Checks:
   • Even though New Mexico does not license firearm dealers, legislation requires unlicensed sellers to conduct background checks through licensed dealers for firearm transfers.
2. Maintaining Records:
   • Although not explicitly stated for licensed dealers in New Mexico, federal law requires keeping detailed records of firearm sales and transfers.
3. Compliance with Background Check Laws:
   • Ensure that all background checks for firearm sales comply with federal and state laws, including the requirement for unlicensed sellers to arrange background checks through licensed dealers.Firearms in New Mexico: Permitted vs. Prohibited

Firearms in New Mexico: Permitted vs. Prohibited

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Note:

• While rifles, shotguns, and handguns are generally permitted, specific restrictions may apply based on factors such as age, criminal history, or mental health status.
• The possession of machine guns is legal in New Mexico, but requires federal registration.
• Antique firearms are generally treated as ordinary firearms for possession and carrying purposes.
• Concealed carry of a handgun without a permit is prohibited.
• Open carry of a loaded handgun is permitted, but restrictions may apply in certain locations.

Selling Firearms Online Legally in New Mexico

When a customer from New Mexico orders a firearm from your online store as a Federal Firearms License (FFL) dealer, there are specific procedures to follow to ensure compliance with federal and state laws. Here’s a step-by-step guide focusing on the online aspect of the transaction:

1. Confirm Order Details
   
   After receiving the order, verify the details, including the type of firearm, the customer’s information, and the selected FFL dealer for the FFL transfer. It’s essential to ensure that the customer has chosen a licensed FFL dealer in New Mexico to receive the firearm.
2. FFL Dealer Selection
   
   During the checkout process, customers should have the option to select a local FFL dealer. Your website should facilitate this by providing a search tool where customers can enter their zip code to find nearby FFL dealers. Ensure that your eCommerce platform supports this functionality, as it streamlines the process and helps customers identify valid dealers quickly.
3. Shipping to the FFL Dealer
   
   Once the order is confirmed, you must ship the firearm to the selected FFL dealer. Federal law mandates that firearms cannot be shipped directly to the customer’s home; they must go through an FFL dealer. Before shipping, verify that the chosen dealer has a valid FFL and is willing to accept the transfer. This may involve obtaining a signed copy of the dealer’s FFL license, which can be emailed or faxed to you.
4. Complete Required Paperwork
   
   The customer will need to complete ATF Form 4473 at the FFL dealer’s location when picking up the firearm. This form collects information necessary for the background check and confirms that the buyer is legally eligible to purchase the firearm. The FFL dealer will then conduct a background check through the National Instant Criminal Background Check System (NICS) to ensure compliance with federal regulations.
5. Notify the FFL Dealer
   
   It is advisable to notify the selected FFL dealer about the incoming shipment. Provide them with details about the order, including the expected delivery date and any tracking information. This helps the dealer prepare for the transfer and ensures they are aware of what to expect.
6. Transfer Fees
   
   Inform the customer that most FFL dealers charge a transfer fee, typically ranging from $25 to $50. This fee covers the dealer’s time and the background check process. Customers should confirm the fee with their chosen dealer before completing the purchase.
7. Pickup and Final Steps
   
   Once the firearm arrives at the FFL dealer, the customer will be contacted to complete the transfer. They must bring a government-issued photo ID and any additional documents required by state or local laws. The firearm transfer will be finalized once the background check is completed and the necessary forms are signed.

Understanding Background Checks for Firearms Sales in New Mexico

Federal Requirements

Background Checks: Federal law mandates that federally licensed firearms dealers must initiate a background check on purchasers before the sale of a firearm. This applies to all states, including New Mexico.

State-Specific Information

• Point of Contact: New Mexico is not a point of contact state for the National Instant Criminal Background Check System (NICS). This means that background checks in New Mexico are conducted through the FBI, similar to Wyoming’s procedures.
• Concealed Carry Permits: In New Mexico, individuals with a valid concealed carry permit are exempt from the federal background check requirement when purchasing a firearm. This exemption aligns with federal law, which allows certain state permits to bypass the background check process.

Private Sales

• Private Seller Transactions: Private sales in New Mexico are not subject to background checks. This means that individuals selling firearms privately do not have to conduct background checks on purchasers.

Conclusion

For your customer in New Mexico, you will need to conduct a background check through the FBI, as New Mexico does not have additional state requirements for background checks beyond federal law. If your customer holds a valid concealed carry permit, they may be exempt from this requirement.

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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.