State Laws
Some states have also adopted dealer regulations. In 1998, for example, Massachusetts adopted a law prohibiting residential gun dealers. According to a 1998 ATF random sample of FFLs nationwide, 56 percent of all dealers operated out of their homes. Commerce in Firearms in the United States, supra. Of the remaining 44 percent, 25 percent operated out of commercial premises that were gun shops or sporting goods or hardware stores. The remainder were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores. Id. Although many local governments have adopted laws prohibiting residential dealers (see Local Laws, below), Massachusetts appears to be the first state to have done so.
In Delaware, firearms dealers must conduct annual employee background checks to ensure that those individuals are not convicted felons or otherwise prohibited from possessing firearms. Employee background checks have also been adopted by many cities and counties in California.
In Connecticut, a dealer's business premises must be equipped with a burglar alarm that is connected directly to the police department. In addition, where the principal part of the dealer's business is other than the sale of firearms (e.g., a K-Mart), employees must complete a course on firearms safety and statutory procedures relating to the sale of firearms.
The State of California appears to have the most extensive dealer regulations in the nation. State law defines a firearms “dealer” or “licensee” as a person who has all of the following:
A valid federal firearms license;
Any regulatory or business license, or licenses, required by local government;
A valid seller’s permit issued by the State Board of Equalization;
A certificate of eligibility issued by the Department of Justice; and
A local license or letter from the duly constituted local licensing authority stating that the jurisdiction does not require any form of regulatory or business license and does not otherwise restrict or regulate the sale of firearms.
The dealer must also be included in the centralized list of licensees maintained by the Department of Justice.
California law also requires dealers to: 1) wait 10 days before delivering any firearm; 2) sell only those handguns that have passed safety and functionality tests and been identified on a Department of Justice list of approved handguns; 3) sell no more than one handgun during any 30-day period to an individual purchaser; 4) equip all firearms with a child-safety lock approved by the Department of Justice (beginning January 1, 2002); and 5) store firearms in a secure manner.
California has closed the “private sale” loophole by requiring all firearm sales to be processed by a dealer, or in counties with a population of less than 200,000, by the Sheriff’s Department.
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