All You Need to Know About FFL Dealership in Wisconsin

Last updated on December 16th, 2024 at 01:52 pm

Table of Contents:

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

Introduction to Wisconsin Firearm Laws

Wisconsin has specific laws governing firearms that business owners must understand before entering the market. These laws cover licensing, sales processes, and compliance requirements for dealers.

Familiarity with both federal and state regulations is crucial for operating legally and responsibly in the firearm industry. This guide outlines essential steps for obtaining a Federal Firearms License (FFL) in Wisconsin.

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

To obtain a Federal Firearms License (FFL) in Wisconsin, follow these steps:

Step 1: Opt the Type of FFL You Need

Before you begin the application process, it’s essential to determine which type of FFL you need. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issues several types of licenses, including:

• Type 01: Dealer in firearms
• Type 02: Pawnbroker in firearms
• Type 03: Collector of Curios and Relics
• Type 07: Manufacturer of firearms
• Type 08: Importer of firearms
• Type 09: Dealer in destructive devices

Choose the type that aligns with your business goals.

Step 2: Meet Basic Eligibility Requirements

To qualify for an FFL, you must meet the following criteria:

• Be at least 21 years old
• Be a U.S. citizen or legal resident
• Not be prohibited from possessing firearms (e.g., felony convictions, restraining orders)
• Have a business premises (if applying for a Type 01, 02, 07, or 08 FFL)

Step 3: Complete the ATF Form 7

1. Download the Form: Visit the ATF website to download ATF Form 7 (Application for Federal Firearms License).
2. Fill Out the Form: Provide all required information, including:
   • Business name and address
   • Type of FFL
   • Personal information (name, address, date of birth)
   • Business structure (sole proprietorship, partnership, corporation)
3. Signature: Ensure that the form is signed by the applicant.

Step 4: Prepare Required Documentation

Along with your application, you will need to submit the following documents:

• Photograph: A recent passport-sized photo of the applicant.
• Fingerprint Cards: Complete fingerprint cards for background checks. You can obtain these from local law enforcement agencies.

Step 5: Submit Your Application

1. Mail the Application: Send your completed Form 7, along with all required documentation and a check or money order for the application fee (typically $200 for the first three years), to the ATF’s address provided in the form instructions.

Step 6: Await ATF Processing

The ATF will process your application, which can take several months. During this time:

• Be Prepared for Contact: The ATF may reach out for additional information or clarification.
• Stay Informed: You can check the status of your application by contacting the ATF.

Step 7: Schedule an Interview

Once your application is reviewed, the ATF will schedule an in-person interview at your business location. During this interview:

• Be Honest and Cooperative: Answer all questions truthfully.
• Demonstrate Compliance: Show that you understand federal, state, and local firearms laws.

Step 8: Receive Your FFL

If your application is approved, you will receive your FFL in the mail. Once you have your license:

• Understand Your Responsibilities: Familiarize yourself with record-keeping requirements and regulations regarding the sale and transfer of firearms.
• Stay Compliant: Regularly review updates to firearms laws and regulations to ensure ongoing compliance.

Step 9: Wisconsin Specific State Requirements

• Business Registration: You must register your business with the state. While Wisconsin does not require a specific state-level gun dealer license, However, if a dealer wants to sell handguns, they must register their business with the Wisconsin Department of Justice (DOJ). Once registered, the DOJ gives the dealer a unique identification number for their store.
• Local Zoning Laws: Check local zoning laws, especially if you plan to operate a home-based FFL, as residential areas may have restrictions.

Step 10: Renew Your FFL

FFLs must be renewed every three years. To renew:

• Submit a Renewal Application: Follow the same process as the initial application.
• Pay the Renewal Fee: Typically, the renewal fee is $150.

Firearms in Wisconsin Permitted vs. Restricted

Source Link

✓* = Permitted with proper federal licensing and registration

Additional Notes:

1. Most common firearms (rifles, shotguns, handguns) are permitted without registration.
2. Machine guns, short-barreled rifles, and short-barreled shotguns are generally prohibited, with some exceptions for law enforcement and military use.
3. Suppressors are legal with proper federal licensing and registration.
4. Antique firearms are generally permitted.
5. Look-alike firearms (imitation firearms made after 1897) are prohibited for sale or distribution.

Selling Firearms Online Legally in Wisconsin

Verifying Customer Eligibility

Before proceeding with the order, ensure that the customer is legally allowed to purchase and possess firearms in Wisconsin. Check their state ID or driver’s license and confirm compliance with Wisconsin’s firearm laws.

Processing the Online Order

After verifying the customer’s eligibility, complete the online transaction securely. Collect all necessary information, including the customer’s name, shipping address, and firearm details. Ensure you have a valid FFL to ship the firearm to.

Shipping the Firearm

Before shipping the firearm, ensure the buyer faxes or mails you a copy of the dealer’s signed FFL license. You can only ship the gun to the address listed on the license. Keep a copy of the signed FFL with you during shipping in case the shipper requests it.

Providing Transfer Instructions

Inform the customer that they must contact the receiving FFL dealer in Wisconsin to finalize the transfer. Advise them to bring a valid state ID or driver’s license and be prepared to pay any applicable transfer fees.

Coordinating with the Receiving FFL

Communicate with the receiving FFL dealer to inform them of the incoming firearm transfer. Share the customer’s information and any relevant details about the purchase.

Completing the Transfer

The receiving FFL dealer will conduct a background check on the customer and complete the necessary paperwork to finalize the transfer. Once this process is complete, the customer can take possession of the firearm.

Understanding Background Checks for Online Gun Sales in Wisconsin

In Wisconsin, the background check process firearm purchases are governed by both federal and state laws, with specific procedures for licensed dealers and limitations for private sales.

Federal and State Background Check Requirements

1. Federal Law: Federally licensed firearms dealers are required to initiate a background check on the purchaser before selling a firearm. This requirement applies only to sales conducted by licensed dealers, not private sellers.
2. Point of Contact State: Wisconsin is a point of contact state for handgun purchases only. This means that for handgun sales, dealers must conduct background checks through the Wisconsin Department of Justice (DOJ). For long gun (rifle and shotgun) sales, dealers must contact the Federal Bureau of Investigation (FBI) for background checks.

Handgun Sale Process in Wisconsin

When selling a handgun to a customer, the following steps must be taken:

1. Requesting a Background Check: The dealer must request a records search from the Wisconsin DOJ and receive a confirmation number.
2. Transfer Timing: The dealer can transfer the handgun immediately upon receiving an approval number from the DOJ. Wisconsin law repealed the previous 48-hour waiting period for handgun transfers.
3. Notification of Results: If the DOJ search results are unclear regarding the purchaser’s eligibility, the DOJ must notify the dealer within five working days.

Required Steps for Handgun Transfers

To obtain the necessary information before requesting an approval number from the DOJ, the dealer must:

1. Identification Verification: Require the transferee to present a reliable identification document (e.g., a driver’s license or state-issued ID) that includes a photograph.
2. Inspection of ID: Inspect the identification document to ensure it accurately identifies the transferee.
3. Completion of Notification Form: Have the transferee complete an official DOJ-issued notification form in triplicate. One copy is provided to the transferee, and within 24 hours of receiving DOJ notification of approval or disapproval, the dealer must mail one copy to the DOJ while retaining the original.
4. Requesting the Record Search: After the transferee completes the notification form, the dealer should contact the DOJ to request a record search, providing all relevant information.

Important Note

Wisconsin does not require background checks for firearm purchases when the seller is not a licensed dealer. This means that private sales do not have the same background check obligations.

Conclusion

To conclude, obtaining a Federal Firearms License (FFL) in Wisconsin involves several steps. Choose the right type of license, meet eligibility requirements, complete ATF Form 7, and submit necessary documents. After ATF processing and an interview, receive your FFL and comply with state regulations.

Selling guns online in Wisconsin requires verifying eligibility, coordinating with another FFL dealer for transfers, and following background check laws. Understanding these processes ensures legal compliance and responsible firearm transactions.

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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.