All You Need to Know About FFL Dealership in Oregon

Table of Contents:

• Introduction to Oregon Firearm Laws

• How to Obtain a Federal Firearms License (FFL) in Oregon 

• Firearms in Oregon: Permitted Vs. Restricted

• Selling Firearms Online Legally in Oregon

• Understanding Background Checks for Firearm Sales in Oregon

• Conclusion

Introduction to Oregon Firearm Laws

Securing a Federal Firearms License (FFL) in Oregon involves meeting both federal and state requirements. This blog post outlines the process, from applying for the FFL to understanding Oregon’s specific regulations for firearms dealers.

You’ll learn about the different types of FFLs, the steps for application, and how to comply with local laws when selling firearms online. This information is designed to help you understand what’s required to start and maintain an FFL in Oregon.

How to Obtain a Federal Firearms License (FFL) in Oregon?

Step 1: Understand the Federal Requirements

1. Choose the Type of FFL You Need:

There are different types of FFLs depending on your business activities (e.g., retail, manufacturing, importing). Most dealers will need a Type 01 FFL for dealing in firearms.

• 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. Meet Basic Eligibility Requirements:
   • Be at least 21 years old.
   • Not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.
   • Have not violated the Gun Control Act (GCA) or its regulations.
   • Have not knowingly withheld important information or made false statements in their application.
   • Have a business location or premises for collecting firearms.
   • Certify compliance with state and local laws where the business is located, including notifying local law enforcement of their intent to apply for an FFL.
   • If operating as a dealer, ensure secure gun storage or safety devices are available at all sales locations for non-licensees.
2. Complete ATF Form 7:
   • Fill out the ATF Form 7 (Application for Federal Firearms License). This form can be obtained online from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website.
3. Prepare Required Documentation:
   • Include a passport-sized photo.
   • Provide fingerprints using ATF Form 7(2) or a similar fingerprint card.
   • Prepare a copy of your business license (if applicable) and any local zoning laws that permit the operation of a firearm business.
4. Pay the Application Fee:
   • Fees vary based on the type of FFL. For a Type 01 FFL, the fee is typically $200 for the first three years.
5. Submit Your Application:
   • Send your completed application, documentation, and payment to the ATF’s licensing center. This can be done by mail.

Step 2: Undergo Background Check and Interview

1. Background Check:
   • The ATF will conduct a background check on you and any responsible persons listed on your application.
2. Interview:
   • An Industry Operations Investigator (IOI) from the ATF will contact you to schedule an interview. During this meeting, they will review your application and ensure you understand the laws and regulations governing firearms.

Step 3: Receive Your FFL

• If your application is approved, you will receive your FFL in the mail. This process can take several weeks to months, depending on the ATF’s workload.

Step 4: Comply with State-Specific Requirements in Oregon

1. No State License Required:
   • Oregon does not require firearms dealers to obtain a state license or permit. However, you must comply with all federal laws.
2. Security System and Database:
   • The Superintendent of State Police may implement rules regarding security systems for dealers. While specific regulations may not be in place, it’s advisable to maintain a secure environment for your business.
3. Maintain Business Hours Database:
   • You may need to provide your business hours to the state police, as they may create and maintain a database of gun dealers’ business hours.

Firearms in Oregon: Permitted vs. Restricted

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Additional Notes

– Handguns, rifles, and shotguns are all permitted without specific registration or licensing requirements.

– Short-barreled rifles and shotguns are permitted if federal regulations are followed.

– Machine guns are permitted if they are registered under federal law.

– There is no specific mention of assault weapons, large capacity magazines, or Teflon-coated ammunition being regulated or prohibited in the provided laws.

– Antique firearms are permitted, except for those prohibited from possessing firearms in general.

Selling Firearms Online Legally in Oregon

1. Order Confirmation and Payment Processing

• Verify Order Details: Confirm the firearm model, quantity, and customer eligibility information.
• Payment Processing: Ensure that payment is received and processed securely. This may involve credit card transactions or other payment methods compliant with your store policies.

2. Customer Information Verification

• Collect Required Information: Obtain the customer’s full name, address, and contact information.
• Age Verification: Ensure the customer is at least 18 years old for long guns and 21 for handguns, as per federal law.

3. Identify the Receiving FFL

• Customer’s FFL Selection: The customer must choose a licensed FFL dealer in Oregon where the firearm will be shipped. This can be a local gun shop or any FFL that agrees to receive the firearm.
• FFL Information: Collect the receiving FFL’s contact information and license number.

4. Shipping the Firearm

• Select a Carrier: Choose a carrier that is authorized to ship firearms, such as UPS or FedEx. Be aware of their specific regulations regarding firearm shipments.
• Labeling: Properly label the package according to the carrier’s requirements. Do not indicate that it contains a firearm on the exterior of the package.

5. Notify the Receiving FFL

• Send Tracking Information: Provide the receiving FFL with tracking information so they can anticipate the delivery.
• Confirm Receipt: Follow up to ensure the FFL has received the firearm and all necessary documentation.

6. Customer Notification

• Inform the Customer: Notify the customer that their order has shipped and provide them with tracking details. Encourage them to contact the receiving FFL to confirm the transfer process.

7. Transfer Process at the Receiving FFL

• Background Check: The receiving FFL will conduct a background check on the customer using the completed ATF Form 4473.
• Compliance with State Laws: Ensure that the transfer complies with Oregon state laws, which may have additional requirements beyond federal regulations.

8. Customer Follow-Up

• Post-Sale Communication: After the FFL transfer is complete, consider following up with the customer to ensure satisfaction and encourage feedback. This can help build customer loyalty and improve your online store’s reputation.

Understanding Background Checks for Firearms Sales in Oregon

Oregon operates as a point of contact state for the National Instant Criminal Background Check System (NICS), requiring federally licensed firearms dealers to initiate background checks before the sale or transfer of firearms. This process involves a thorough examination of both state and federal records.

Key Procedures

1. Background Check Initiation: Firearms dealers must contact the Oregon Department of State Police (DSP) by telephone to conduct a criminal history record check on the purchaser. This check utilizes both NICS and state databases, including mental health records.
2. Transaction Requirements: Dealers are required to:
   • Verify the purchaser’s identification.
   • Complete a firearms transaction record.
   • Obtain the purchaser’s signature and thumbprints.
3. Response Time: If the DSP cannot determine the purchaser’s eligibility within 30 minutes, they must inform the dealer and provide an estimated time for completion.

Background Check Components

All background checks include searches of:

• Oregon’s computerized criminal history system.
• Law Enforcement Data System.
• NICS.
• State stolen guns system.
• State mental health data system.

Reporting Requirements

As of January 1, 2019, if DSP finds that an individual is prohibited from possessing a firearm, they are required to report the attempted purchase to relevant law enforcement agencies and district attorneys within 24 hours.

Universal Background Checks

In 2015, Oregon implemented a law requiring that all firearm sales and transfers be processed through a federally licensed dealer, ensuring compliance with background check requirements.

Permit Requirements

• 2022 Changes: A permit is now required for individuals seeking to acquire firearms, which is valid for five years unless revoked. To obtain a permit, applicants must undergo a fingerprint-based background check and meet other criteria.

Transaction Process

• Purchasers must appear in person at a firearms dealer, present valid identification and a permit, and the dealer will verify the permit and request a background check.
• Upon receiving a unique approval number from DSP, the dealer can complete the firearm transfer. If the purchaser is found to be prohibited from possession or lacks a valid permit, the dealer must halt the transaction.

Conclusion

By following these steps, you can ensure a smooth and compliant transaction for your online firearm sale to a customer in Oregon. Adhering to federal and state regulations is essential for maintaining your FFL status and providing excellent service to your customers.

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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.