Guidelines for Licensed Firearm Dealers: Ensuring Compliance with Legal Standards

Firearm dealers play a critical role in the legal sale and transfer of firearms. Adhering to strict regulations ensures both the dealer and the customer remain on the right side of the law. This article highlights essential guidelines and insights from experienced providers, ensuring everyone in the industry understands the importance of following legal standards.

Refusal to Sell: A Necessary Measure for Licensed Dealers

Our experience as a licensed firearm dealer has shown that there are instances where a refusal to sell a firearm is unavoidable. One notable instance was with a customer who had a domestic violence charge. Despite the customer’s anger, it was imperative to adhere to legal requirements and deny the sale. Such decisions protect the dealer, the customer, and their respective families from potential legal charges.

Strategic Advice from Experienced Dealers

During the late 1970s, it became apparent that ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) agents were using strategies like the “Straw Man” purchase to target FFL (Firearms Federal License) holders. Many dealers faced significant financial and legal burdens as a result. My longtime colleague, who successfully avoided arrest, shared valuable advice for anyone involved in firearm sales, whether an FFL holder or a private seller.

Evaluating Customer Conduct and Legal Compliance

One of the key pieces of advice is to never sell to anyone who makes any remark that could be construed as being in any way "off color" in relation to legal compliance. This includes any indication of a willingness to engage in illegal activities. For instance, if a customer makes a comment suggesting they will not follow all laws, the sale should not proceed. This advice underscores the importance of maintaining a high standard of legal integrity.

For private sellers, it is equally crucial to set firm guidelines. If a potential buyer mentions they cannot purchase a gun from a licensed dealer, they should also be advised that they cannot purchase from a private seller either. Similarly, any indication of non-identifiable customer identity, such as presenting a license from another state, should prompt a refusal of the sale.

In summary, anyone with a firearm dealer’s license must be vigilant and diligent. If a customer fails the federal questionnaire required for firearm purchases, the dealer must refuse to complete the sale. Failure to do so can result in imprisonment.

Compliance with these guidelines is essential for the safety and integrity of the firearms industry. Staying out of trouble is always the best course of action and significantly less costly than dealing with the consequences of non-compliance.