All You Need to Know About FFL Dealership in Washington

Last updated on December 16th, 2024 at 01:15 pm

Table of Contents:

• Introduction to Washington Firearm Laws

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

• Firearms in Washington: Permitted Vs. Restricted

• Selling Firearms Online Legally in Washington

• Understanding Background Checks for Firearm Sales in Washington

• Conclusion

Introduction to Washington Firearm Laws

To get an FFL (Federal Firearms License) and start a firearms dealership, you’ll need to follow a series of steps that include both federal and state-specific requirements. Below is a detailed, step-by-step guide to obtaining an FFL, with a focus on the state-specific requirements for Washington.

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

Step 1: Federal Requirements

1. Decide Your FFL Type:
   • There are several types of FFLs, ranging from dealing in firearms to manufacturing them. Most dealers apply for a Type 01 FFL, which allows you to sell firearms. Research the different types and select the one that fits your business needs.
2. Complete ATF Form 7:
   • This is the application for a Federal Firearms License. You can obtain it from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) website. Fill out the form with all required information, including your business details, intended operations, and compliance plans.
3. Pay the Application Fee:
   • The fee for a Type 01 FFL is $200 for the first three years, then $90 for renewals. Make sure to pay this fee when submitting your application.
4. Submit Fingerprints and Photographs:
   • As part of your application, you must submit fingerprint cards and passport-sized photographs. These are required for background checks.
5. Background Check and Interview:
   • After submitting your application, the ATF will conduct a thorough background check. They will also arrange an in-person interview to discuss your application and ensure you understand the responsibilities of holding an FFL.
6. Approval:
   • If your application is approved, you’ll receive your FFL in the mail. You can then legally start your firearms business, but you must also comply with state-specific requirements.

Step 2: Washington State Requirements

1. Obtain a Washington State Dealer’s License:
   • Before you can sell firearms in Washington, you must be licensed by the state. This license is issued by the appropriate local or state licensing authority. To qualify, you must first have a federal firearms license and undergo fingerprinting and a background check.
2. Background Checks and Eligibility:
   • Washington law requires that you, as a dealer, must not transfer or possess firearms with the intent to transfer them without being licensed by the state. Additionally, you cannot qualify for a dealer’s license if you are ineligible to possess a firearm or obtain a concealed pistol license.
3. Training Requirements for Purchasers:
   • No dealer in Washington may deliver a firearm to a purchaser until they provide proof of completion of a recognized firearm safety training program within the last five years or proof of exemption. This training must cover various topics, including basic firearms safety rules, secure gun storage, suicide prevention, safe handling, and state and federal firearms laws.
4. Compliance with Background Checks:
   • You must wait for the Washington State Patrol’s firearms background check program to notify you that a purchaser is eligible to possess a firearm. This includes waiting for the results of all required background checks and ensuring that ten business days have passed since the background check request.
5. Record-Keeping and Business Operations:
   • You are required to maintain records of every handgun sold and must keep detailed forms in triplicate of each handgun sale. Additionally, you can only conduct business in the building designated in your license, although temporary business operations at gun shows are allowed.
6. Security and Surveillance Requirements (Effective July 1, 2025):
   • As part of Washington’s new legislation, you must secure your premises to prevent unauthorized entry, install and maintain an alarm system and digital video surveillance system, post signs indicating surveillance, and maintain recordings for a specified duration. You must also carry a general liability insurance policy with coverage of at least $1 million per incident.
7. License Fee:
   • The fee for a Washington State dealer’s license to sell handguns, long guns, or ammunition is $125. The license is valid for one year.
8. Employee Requirements:
   • All employees who may sell firearms must undergo fingerprinting, background checks, and must be eligible to possess a firearm. They must also comply with state requirements concerning purchase applications and restrictions on handgun deliveries.

Firearms in Washington: Permitted vs. Prohibited

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Note: This table provides a general overview. Specific restrictions and exceptions apply in many cases. Always consult current Washington State law for the most accurate and up-to-date information.

Selling Firearms Online Legally in Washington

1. Verify the Customer’s FFL Transfer Dealer

• Customer Information: After the customer places an order, you’ll need to obtain the details of their chosen FFL transfer dealer in Washington. This dealer will handle the transfer of the firearm to the customer.
• FFL Verification: Verify that the dealer’s FFL is valid through the ATF’s FFL eZ Check system. This ensures the dealer is authorized to receive firearms.

2. Shipping the Firearm

• Secure Packaging: Once the FFL transfer dealer is verified, securely package the firearm according to shipping regulations.
• Shipping Carrier: Use a carrier that complies with both federal and state regulations for shipping firearms. It’s crucial to ensure that the package is shipped to the FFL transfer dealer’s address, not directly to the customer.

3. Communication with the FFL Dealer

• Shipping Confirmation: Notify the receiving FFL dealer about the shipment, including tracking information and any other relevant details.
• Coordination: Maintain open communication with both the customer and the receiving FFL dealer to ensure a smooth transfer process.

4. Transfer Process at the Receiving FFL

• Background Check: Upon arrival, the receiving FFL dealer will conduct a background check on the customer. This step is mandatory before the customer can take possession of the firearm.
• Transfer Fee: The receiving FFL dealer may charge the customer a transfer fee for handling the transaction.

5. Completion of the Transaction

• Customer Pickup: Once the background check is complete and the customer has cleared all legal requirements, they can pick up the firearm from the FFL dealer.
• Record Keeping: Ensure all transaction records are properly maintained, both for your records and for compliance with ATF regulations.

Understanding Background Checks for Online Firearm Sales in Washington

Background Check Requirement: Washington requires that all private sales of firearms, including those conducted online, go through a federally licensed firearm dealer (FFL). The FFL must process the transaction as if they were selling the firearm from their own inventory and comply with all federal and state laws, including conducting the required background check on the purchaser.

Point of Contact: Washington became a full point of contact state for the National Instant Criminal Background Check System (NICS) in 2020. As of January 1, 2024, all firearm background checks must be conducted through the Washington State Patrol Firearms Background Check Program. This program will then contact NICS to complete the background check.

Transfer Requirements:

• The FFL cannot transfer the firearm to the purchaser until the background check is cleared or ten business days have passed since the background check was requested, whichever comes first.
• For transfers of handguns to individuals without a valid Washington driver’s license, state identification card, or who have not been a resident of Washington for the previous 90 consecutive days, the FFL may not deliver the handgun until the transferee passes a background check or 60 days have elapsed since the date of the request, whichever occurs first.

Long Gun Sales Across State Lines:

• If a Washington resident buys a long gun out-of-state or sells a long gun to an out-of-state resident, both the buyer and seller must follow the procedures of Washington’s background checks law.
• FFLs may not sell or deliver a handgun to a resident of another state.

Reporting Denials: Once the Washington State Patrol has established the state firearms background check system, it must report instances where a firearm purchase or transfer application is denied due to ineligibility. This information will be reported to the local law enforcement agency where the attempted purchase or transfer took place.

Exemptions: There are some exemptions to the background check requirement, such as bona fide gift transfers between certain family members, transfers of antique firearms, and certain temporary transfers.

Conclusion

By following these guidelines, you’ll be able to comply with Washington’s specific regulations when conducting firearm sales to your customers in the state.

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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.