Opening Gun and AR15 Accessories Online Store, Laws and Regulations

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davehk

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Okay I am really considering on opening a online Gun and AR15 accessory store. People might ask me why don't you just get your FFL? Reason is because I live in an apartment and cannot run that type of business from there.

My questions are:

Is it my responsibility to know both state and local laws of each individual state I sell to? or is that the customers responsibility?

Would I be liable if a customer orders a product that is against local laws in the state they reside in?
 
You can't sell guns as a business, even online, without an FFL. If you want to open an accessory and part distributorship, you could do that, but no guns. As far as the accessories and legality issues with shipping and all that, you'd have to talk to a lawyer.
 
Personally...my feeling is this....

If you are located in a state such as Wyoming, and you sell and ship 30 round magazines to a California resident - against California law... exactly what can California do about it... considering you are located in Wyoming? Are they going to ask Wyoming to extradite you to California for a crime committed against California law, while you have never left Wyoming?

Like Rail Driver said... consult a lawyer.... my personal opinion isn't worth the time it took me to type it. :D
 
Its more of a cover your ass type of deal for me. I don't want to be the first person to be made an example out of by the ATF for selling a 30 round mag to some lunatic in California that goes on a murdering spree with the mag he just purchased from my website. I been doing a lot of researching and I understand every state has different restrictions than others. Not only that, different county's and cities have there own restrictions too. How in the hell are you suppose to run a gun business when there are some many restrictions and laws?
 
Post a disclaimer on your website or in your catalog that the purchaser is responsible for obeying all local, state and federal laws and that you are not responsible for shipments made of items that may be illegal in a local jurisdiction?

Stil..... it's ATTORNEY time!
 
I don't have a definitive answer but I'll point out that the only online stores that come close to following the laws on accessories are the big ones, which tells me that they probably have an attorney on retainer or on staff to deal with all this. If you can't afford to pay someone to just do that all day, then I would just plop a disclaimer on there. I believe the Ca laws are written as "It is illegal to sell or buy blah blah in California." You're not selling in Ca, so you're not in violation of said law, the buyer is. Whether or not someone could come after you with a civil suit is another matter entirely.
 
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