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FFL Requirements – Flea Markets & Gun Shows

Jul 31

FFL Requirements – Flea Markets & Gun Shows

It’s important to know where, when, and how you can sell firearms once you’ve obtained your FFL license. As you likely know, the ATF considers gun shows to be an extension of your licensed premises. You can makes sales and conduct transfers in the same way that you would at your licensed location (home, shop, etc.) as long as the gunshow is in the same state where you are licensed. However, the ATF makes a distinction between a gunshow and 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 a bona fide gun show. Flea markets are not considered gun shows. That being said, 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 one exception to this ruling. Firearms classified as curios or relics may be sold to other licensed firearms dealers.

Lastly, unlicensed individuals 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. The unlicensed person cannot acquire or dispose of firearms to residents of other states.

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Comments

  1. 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.

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