Navigating the Laws: Tips for Selling Firearms in Georgia

If you’re one of the many business owners interested in selling firearms in Georgia, it’s essential to understand the state’s gun laws to prevent legal problems. This article will provide valuable advice on legally selling firearms in Georgia, including obtaining an FFL (Federal Firearms License).

Understanding Georgia’s Gun Laws

Georgia is known for its pro-gun laws, and selling firearms privately without a license is legal. However, you must obtain an FFL to sell firearms as a business. Additionally, it’s crucial to understand that Georgia has specific laws regarding who can purchase a firearm.

In Georgia, it’s illegal to sell a firearm to anyone who is under the age of 18 or has been convicted of a felony. Additionally, if you sell a firearm to someone who isn’t a Georgia resident, you must transfer the firearm through an FFL dealer in the purchaser’s state (more on that later).

Furthermore, Georgia has a waiting period of three days for the purchase of handguns. This waiting period allows for a background check to be completed before the sale is finalized. The purpose of such waiting periods is to prevent people who may threaten public safety from obtaining firearms. Similar waiting periods have been enacted in other states and are often a point of debate between gun control advocates and Second Amendment supporters. However, following proper gun regulations and safety measures will keep your business running.

How Do You Sell a Gun in Georgia Legally?

To sell firearms legally in Georgia, you must obtain an FFL (Federal Firearms License) from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The FFL allows you to legally sell firearms as a business, including buying and selling firearms, manufacturing firearms, and repairing firearms. 

An FFL is NOT required to sell ammunition. However, specific regulations govern the sale of ammunition. For example, sellers must verify the buyer’s age to ensure they are over 18 years old for rifle and shotgun ammunition and over 21 years old for handgun ammunition. Additionally, certain states may have additional regulations regarding the sale of ammunition, such as background checks, licensing, and registration requirements. Georgia doesn’t have state laws or regulations for selling firearm ammunition, but it’s important always to check, as rules are subject to change.  

Steps to Obtain an FFL (Federal Firearms License) in Georgia

Getting an FFL in Georgia requires several steps, which are outlined below:

Step 1: Determine the type of FFL you need

There are nine types of FFLs, and each type allows different activities. The most common types of FFLs include Type 01 (Dealer in Firearms), Type 02 (Pawnbroker in Firearms), and Type 07 (Manufacturer of Firearms).

Step 2: Complete the FFL application

Once you have determined the type of FFL you need, you must complete the FFL application. The application requires personal information, including your name, address, Social Security number, and business information, including the business name and address.

Step 3: Submit the FFL application and pay the fees

After completing the FFL application, you must submit it with the required fees to the ATF. The prices range from $30 to $3,000, depending on the type of FFL you’re applying for.

Step 4: Pass an ATF background check

To obtain an FFL, you must pass an ATF background check. The background check includes criminal history, mental health history, and citizenship status. The ATF may also request fingerprints and photographs and want to interview you in person. Adhering to all ATF regulations will make the process easier and get you one step closer to starting your firearms business.

Step 5: Receive your FFL

Once you have completed the application process and passed the background check (along with anything else the ATF may require), you will receive your FFL. You can now legally sell firearms in Georgia as a business!

What are the Requirements for Obtaining an FFL in Georgia?

To obtain an FFL in Georgia, you must meet several requirements, including:

• Be at least 21 years old
•  Be a legal resident of the United States
•  Have a clean criminal record
•  Have a business location that complies with all local, state, and federal laws.
•  Have a business that is not prohibited by state or federal law

In Georgia, to avoid the risk of losing your license and potential legal repercussions, you must renew your license every three years. Keeping track of the renewal dates and ensuring all necessary paperwork and fees are submitted on time is essential. 

The renewal process involves completing the appropriate application and background check and updating any changes to your personal or business information. The cost to renew an FFL in Georgia can vary depending on the license type and the renewal duration. Generally, the price for a three-year renewal ranges from $30 for a Dealer in Firearms license to $3,000 for a Manufacturer of Destructive Devices license. Therefore, FFL holders in Georgia must keep track of their renewal dates and ensure compliance with all applicable laws and regulations.

The Benefits of Having an FFL in Georgia

Obtaining an FFL in Georgia has several benefits, including:

• Ability to purchase firearms at wholesale prices
• Access to a broader range of firearms to sell
• Ability to sell firearms legally as a business
• Increased credibility with customers

Having an FFL can also make selling firearms more convenient for you and your customers. Furthermore, being an FFL holder can help build customer trust and confidence, demonstrating your commitment to adhering to legal and regulatory requirements. Overall, having an FFL can significantly benefit businesses operating in the firearm industry.

What is the FFL Transfer Process in Georgia?

You must follow the FFL transfer process when selling firearms with an FFL, which includes the following:

Step 1: Verify the buyer’s identity and eligibility

Before selling a firearm, you must verify the buyer’s identity and eligibility to purchase. You can do this by requesting a valid government-issued ID and conducting a background check.

Step 2: Complete ATF form 4473

Once you have verified the buyer’s identity and eligibility, you must complete ATF Form 4473. The form requires personal information, including the buyer’s name, address, and Social Security number.

Step 3: Contact the NICS

After completing ATF Form 4473, you must contact the National Instant Criminal Background Check System (NICS) to conduct a background check on the buyer.

Step 4: Complete the transfer

You can complete the firearm transfer if the buyer passes the background check. If the buyer doesn’t pass the background check, you can’t sell the firearm to them. You might also have to refund the buyer if they’ve left a deposit or paid for the firearm. 

Common Mistakes to Avoid When Selling Firearms in Georgia

When selling firearms in Georgia, avoiding common mistakes is crucial to ensure you follow the law. Common mistakes to avoid include:

• Selling firearms to prohibited persons

 These include individuals who have been convicted of a felony or certain domestic violence offenses, fugitives from justice, unlawful users of controlled substances, those who have been adjudicated as mentally defective or committed to a mental institution, and individuals in the United States illegally. Additionally, individuals under 18 are generally not allowed to purchase firearms. There are limitations on the type of firearms that can be sold to individuals who are not law enforcement or military personnel.

•  Failing to conduct background checks 

Suppose you don’t perform a background check when selling someone a firearm. In that case, you can be held legally responsible for any crimes that person may commit with that firearm, which includes homicides, suicides, and accidental shootings. Additionally, if you’re a licensed dealer, you could potentially lose your license and be subject to fines or imprisonment. Conducting a background check is critical in preventing firearm-related violence and ensuring that firearms do not fall into the wrong hands. It’s essential to follow all laws and regulations surrounding firearm sales to protect yourself and the public.

•  Failing to follow the FFL transfer process

The FFL transfer process ensures that firearms are transferred legally and safely. Failing to follow this process can result in dangerous and illegal firearms being sold or transferred.

•  Non-compliance with local, state, and federal laws 

In addition to potentially losing your FFL, fines can be levied for non-compliance, ranging from hundreds to thousands of dollars per violation. Additionally, legal fees can quickly mount as the firearm seller will likely face legal action and may require legal representation. Further, there are potential costs associated with damage to reputation and loss of business, as well as criminal charges and imprisonment. 

You can avoid legal issues when selling firearms in Georgia by avoiding these mistakes.

Resources for Selling Firearms in Georgia

If you plan on selling firearms in Georgia, several resources are available to help you navigate the process. Some helpful resources include:

• Georgia Firearms Dealers Association
•  National Rifle Association (NRA)
•  Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

These resources can provide information on Georgia’s gun laws and help you obtain an FFL.

Conclusion – Importance of Following Georgia’s Gun Laws and Obtaining an FFL

Selling firearms in Georgia is legal, but following the state’s gun laws is crucial to avoid legal issues. Obtaining an FFL can make selling firearms more convenient and give you access to a broader range of firearms. Not only does it ensure compliance with state and federal regulations, but it also promotes safety and responsible gun ownership. Individuals can legally sell or transfer firearms by obtaining an FFL and ensuring that buyers undergo proper background checks before receiving a firearm. 

Learn How to Access Payment Processing for your Business

Now that you know how to obtain your firearms sellers license in Georgia, you can start thinking about other business-related necessities like credit card processing to allow buyers fast and convenient purchasing experiences. Learn more about how Zenti can help your business thrive by getting in touch today.