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FFL Requirements – FLL At Flea Markets & Gun Shows
It’s important to know where, when, and how you can sell firearms once you’ve obtained your FFL license at a flea markets. As you likely know, the ATF considers gun shows to be an extension of your licensed premises. This means that you can make sales and conduct transfers in the same way that you would at your regularly licensed location (home, shop, etc.) as long as the gun show is in the same state where you are licensed. However, the ATF makes a distinction between a gun show and a flea market.
Can You Sell Guns at a Flea Market?
According to the Gun Control Act of 1968, licensed dealers may only conduct business from the business location listed on their license or at a bona fide gun show. Flea markets, however, are not considered gun shows by the ATF.
Taking Orders at Flea Markets
While you cannot legally sell firearms with an FFL at a flea market, licensed FFL holders are allowed to display guns at a flea market and take orders for firearms. The actual delivery of the firearm, though, needs to take place at the licensed premises. There is, however, one exception to this ruling. Firearms classified as curios or relics (Type 03 FFL) may be sold to other licensed firearms dealers.
Non-Business Sales
While the ATF says what FFLs can and cannot do at flea markets, they do not control unlicensed individuals. In this instance, private citizens may make occasional sales or acquisitions of firearms to residents of the state in which the flea market is taking place as long as the activity does not fall under the definition of “dealer” in firearms.
It’s very important to note that the unlicensed person cannot acquire or dispose of firearms to residents of other states.
Finally, unlicensed persons must follow all applicable federal, state, and local laws regarding firearm sales.
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I am an FFL selling at a flea market in an ATF approved booth. Next to me is an unlicensed person selling more guns than I do in a permanent booth. Is this allowed? He buys guns all week and sells them on the weekend. He tells me he will tell ATF that it is his personal collection if he is asked.
Call local ATF Office, ask to speak with IOI covering your area. Report specifics of this situation to them and they will address.