All You Need to Know About FFL Dealership in Ohio
Table of Contents:
Introduction to Ohio Firearm Laws
Obtaining a Federal Firearms License (FFL) in Ohio is a multi-step process that requires careful attention to detail and adherence to federal and state regulations. An FFL allows individuals or businesses to legally manufacture, import, or sell firearms and ammunition. Here’s a comprehensive guide to help you navigate the process.
How to Obtain a Federal Firearms License (FFL) in Ohio
- Choose the Type of FFL Needed
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issues several types of FFLs, depending on the activities you plan to conduct:
- Type 01: Dealer in firearms other than destructive devices.
- Type 02: Pawnbroker in firearms other than destructive devices.
- Type 03: Collector of Curios and Relics.
- Type 06: Manufacturer of ammunition for firearms.
- Type 07: Manufacturer of firearms other than destructive devices.
- Type 08: Importer of firearms other than destructive devices.
- Type 09: Dealer in destructive devices.
- Type 10: Manufacturer of destructive devices.
- Type 11: Importer of destructive devices.
- Ensure Eligibility
To be eligible for an FFL, you must meet the following requirements:
- Be at least 21 years old.
- Be a U.S. citizen or legal permanent resident.
- Not be prohibited from possessing firearms under federal law.
- Not have violated any federal laws related to firearms.
- Not have willfully failed to disclose information or made false statements on your application.
- Complete the FFL Application (ATF Form 7/7CR)
You can obtain the application form from the ATF website. The form includes detailed instructions and requires you to provide personal information, business details, and other relevant information.
- Submit Fingerprints and Photographs
The application process requires submitting fingerprints and passport-sized photographs. These must be included with your application package.
- Pay the Application Fee
Fees vary depending on the type of FFL
- Type 01 and 02: $200 for the first three years, then $90 for each subsequent three-year period.
- Type 03: $30 for three years.
- Type 06, 07, and 08: $150 for three years.
- Type 09, 10, and 11: $3,000 for three years.
- Submit the Application
Send the completed application, fingerprint cards, photographs, and fee to the ATF post office box listed on the application form
- ATF Application Review
The ATF will conduct a background check and review your application. This process includes an in-person interview with an Industry Operations Investigator (IOI). The IOI will ensure you understand the requirements and responsibilities of holding an FFL.
Firearms in Ohio: Permitted Vs. Restricted
Firearm Type | Permitted | Prohibited |
Handguns | ✅ | ❌ |
Rifles | ✅ | ❌ |
Shotguns | ✅ | ❌ |
Machine Guns | ❌ | ✅ |
Short-Barreled Rifles | ❌ | ✅ |
Short-Barreled Shotguns | ❌ | ✅ |
Any rifle or shotgun less than 26 inches in overall length | ❌ | ✅ |
Zip guns | ❌ | ✅ |
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Ohio does not have specific prohibitions on “assault weapons” or restrictions on magazine capacity. However, some firearms classified as “dangerous ordnance” may require special licensing or be prohibited for most civilians.
Selling Firearms Online Legally in Ohio
To complete a firearm transaction for a customer in Ohio who ordered online, follow these steps, ensuring compliance with federal and state regulations:
1. Confirm Customer Eligibility
Before moving forward, verify that the customer is legally qualified to buy a firearm from FFL ecommerce platform:
- Age Requirements: Customers must be at least 18 years old for rifles and shotguns, and at least 21 years old for handguns.
- Background Check: The customer must successfully pass a check through the National Instant Criminal Background Check System (NICS).
- FFL Dealer in Ohio
The firearm must be sent to a Federal Firearms License (FFL) dealer located in Ohio. The customer should choose an FFL dealer who will manage the transfer process. It is recommended that they reach out to the dealer in advance to ensure they are willing to perform the transfer and conduct the NICS background check.
- Finalize the Purchase
Once the customer has identified an FFL dealer, they can proceed with the purchase on your online platform:
- Account Setup: The customer should create an account and confirm their date of birth.
- Checkout Procedure: During the checkout process, the customer needs to provide the FFL dealer’s contact details. You may also request that the dealer send a copy of their FFL license via email or fax.
- Ship the Firearm
After confirming the purchase, dispatch the firearm to the selected FFL dealer. Make sure the shipment includes:
- Prior to shipping a firearm, the buyer is required to send you a fax or mail a copy of the dealer’s signed FFL license.
- Customer Pickup and Transfer Process
When the firearm arrives at the FFL dealer:
- The customer must visit the dealer to finalize the transfer.
- They will complete Form 4473 and undergo the NICS background check.
- The customer is responsible for any transfer fees, which generally range from $15 to $30, depending on the dealer.
- Additional Considerations
- State Regulations: Be mindful of any specific laws in Ohio that could impact the sale and transfer of firearms, including potential restrictions on certain firearms or accessories.
- Shipping Guidelines: Ensure that the firearm is shipped separately from any ammunition, as federal regulations require this separation.
By following these outlined steps, you can facilitate a seamless transaction for your customer while ensuring compliance with all legal requirements.
- Maintain Records
In Ohio, there are no laws that say gun sellers must keep records of sales or background checks, nor do they have to report these sales to any state or local government.
Understanding Background Checks for Online Gun Sales in Ohio
Step 1: Initiate the Background Check
- Contact the FBI Directly: Since Ohio is not a point of contact state for the National Instant Criminal Background Check System (NICS), it is required to initiate the background check by contacting the FBI directly. This is in accordance with federal law, which mandates that federally licensed firearms dealers perform background checks prior to the sale of a firearm.
Step 2: Conduct the Background Check
- Use the NICS Database: When contacting the FBI, the NICS database will be used to perform the background check. Ensure that all necessary information about the purchaser is ready to facilitate this process.
Step 3: Complete the Transaction
- Await Approval: After submitting the background check request, wait for the FBI to provide a response. Proceed with the sale only if the background check is approved.
Important Notes
- No Requirement for Private Sellers: Private sellers in Ohio are not required to conduct background checks when transferring firearms. However, FFL dealers must adhere to federal regulations.
- Legal Obligations: Ohio law prohibits selling or transferring a firearm to individuals who are legally prohibited from acquiring one. Compliance with this provision is essential to avoid legal repercussions.
By following these steps, compliance with both federal and Ohio state laws regarding firearm sales and background checks can be ensured.
Conclusion
While Ohio’s laws may be less restrictive compared to some other states, it is essential to stay informed about any changes or updates that could impact your business. Regular communication with the ATF, legal counsel, and industry associations can help you stay ahead of the curve and make informed decisions.
Ultimately, responsible firearm ownership and sales are paramount. By prioritizing safety, transparency, and legal compliance, FFL dealers in Ohio can contribute to a thriving industry while upholding the trust of their customers and the community.
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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.