Do the same laws apply to an internet run business, as in a brick and mortar business. I called my local city zoning commisioner, and he told me I needed a "B2" zoning to open a business dealing with firearms, and then I would need to appear before the city council, this is in South Florida, Deerield Beach. Is this true, "he really wasn't sure of much", so I am not sure I got the correct answer. It seems that I can get the "general info", here to at least find out what is required. I couldn't find a B2 zone anywhare online in Deerfield, I found R2, which I assume R is for residential. I owned a Gym in this town up until 2000, but have had nothing to do with the town since then. I would like to open a small business catering to high end 1911"s and possibly tap into "estate sales", if anyone can offer up some useful experiences I would appreciate it. It seems most gun stores are "pawn shoppes" in South FL. thanks
Starting a licensed FFL business from home
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NGIB
Member
The fella I use for FFL transfers operates out of his house but he lives in a very gun friendly town north of Atlanta and they zoned him correctly. I think you're really at the whim of city/town leadership though. I've read many threads that state the ATF will not allow a home based firearms business - but this is not true obviously. My dealer told me that once he was zoned correctly and the city OK'd it the ATF really didn't give him any flack at all...
RNB65
Member
Talk to a lawyer. Your lawyer, not a city lawyer. There's a ton of paperwork involved in starting up a gun business, so you might as well find a lawyer now and let him guide you thru the process.
My take is this -- You must have a legitimate place of business even if you only intend to do internet sales. Otherwise, the ATF won't issues you an FFL. That means getting a local business license and having to deal with the local gov -- zoning regulations, special use permits, etc.
Also, you're going to want to setup a corporation in order to shield your personal assets from liability. Otherwise, you may lose everything you own when Bubba gets drunk and shoots his buddy in the big toe and you get named in the lawsuit. The corporation will be the one that applies for the FFL, not you personally.
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My take is this -- You must have a legitimate place of business even if you only intend to do internet sales. Otherwise, the ATF won't issues you an FFL. That means getting a local business license and having to deal with the local gov -- zoning regulations, special use permits, etc.
Also, you're going to want to setup a corporation in order to shield your personal assets from liability. Otherwise, you may lose everything you own when Bubba gets drunk and shoots his buddy in the big toe and you get named in the lawsuit. The corporation will be the one that applies for the FFL, not you personally.
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Zoning laws are specific to the city (or county if you don't live within the city limits). Each city or county has a department with a name like Comprehensive Planning, or Planning and Zoning, or Current Planning, or something similar. The planners on staff will review the zoning code with you to determine the requirements for your business.
Since zoning codes are very specific to each jurisdiction, there are no blanket statements we can make on this Forum to advise you. Any advice we offer is bound to be wrong.
Since zoning codes are very specific to each jurisdiction, there are no blanket statements we can make on this Forum to advise you. Any advice we offer is bound to be wrong.
Yes I spoke to the head of zoning and he really sounded like he wasn't clear, he looked up a few things and told me what I had put in the first post, he was going to speak to "legal", which is my next step, there is a city attorney that he was going to check with, as far as the corp. goes I have had several businesses and have an open sub-s, that I can use, I just don't think that the town is going to allow me to do this from home, I had a 40,000 sq ft World Gym, in this town, so I know it is going to be next to impossible to get this done from home, it took us years to get a simple sign approved. Thus the idea will be "doa" at that point, I really don't want to take on long term leases etc.
ServiceSoon
Member
Note: If you do this you will be giving up your 4th amendment right. Apparently if you possess a FFL you loose your 4th amendment rights. I don't know the exact details but I remember reading the BATFE has a right to intrude once per year even if you aren't doing anything wrong. You might want to investigate that if it concerns you.
azhunter12
Member
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I guy I used for ffl transfers lived it an apartment and looked as if he was retired.
Deavis
Member
The ATF is allowed to inspect the business premises. That does not include residential areas if you define your premises correctly and aren't using them for your business.
I don't know, but I've been told, that it is very difficult if not impossible to get an FFL (except a C&R) these days unless you have an actual storefront business.
I know folks who still have a license from back in the day when it was easier to get one for a kitchen table operation, but I would check on this aspect of the issue before I spent much time or $$ on zoning or other local issues.
Good luck!
I know folks who still have a license from back in the day when it was easier to get one for a kitchen table operation, but I would check on this aspect of the issue before I spent much time or $$ on zoning or other local issues.
Good luck!
brighamr
Member
FWIW - as long as you own your home and have a garage, you can get your FFL. Zoning may be an issue, but if you're not in downtown you should be able to get around it. The whole "kitchen table" vs "storefront" has been talked about, but there's nothing specifically prohibiting a kitchen table business as long as you show records of selling firearms (not just building a personal collection). I have a friend who does this exact scenario:
FFL - registered place of business is a detached garage. ATF can search the detached garage once per year. They can not search the house or any other structures on the property as those are not used for business. Total cost of FFL (including local business license, etc) was about $600. Keep your paperwork perfect, sell at least 10 guns per year and you shouldn't have a problem. I've bought several guns from him, and he's been in the biz for 4 years. He says he's never had an issue and he usually sells about 10-25 guns per year. It's a business but he's not the Wal Mart of guns.
Now, if you plan on letting customers come to your detached garage to buy in person or shoot in your backyard (test range), the whole scenario changes. now you need liability insurance, rest rooms, disability access, higher security, etc. etc. At least, that's my opinion. My friend doesn't allow customers on site because he doesn't want to deal with the extra hurdles.
IMO - if you own your house and aren't a felon, you can get your ffl. Send in the paperwork ($200 charge) and see what, if anything, is going to hold you up. The $200 is only spent if and when the ffl is approved
FFL - registered place of business is a detached garage. ATF can search the detached garage once per year. They can not search the house or any other structures on the property as those are not used for business. Total cost of FFL (including local business license, etc) was about $600. Keep your paperwork perfect, sell at least 10 guns per year and you shouldn't have a problem. I've bought several guns from him, and he's been in the biz for 4 years. He says he's never had an issue and he usually sells about 10-25 guns per year. It's a business but he's not the Wal Mart of guns.
Now, if you plan on letting customers come to your detached garage to buy in person or shoot in your backyard (test range), the whole scenario changes. now you need liability insurance, rest rooms, disability access, higher security, etc. etc. At least, that's my opinion. My friend doesn't allow customers on site because he doesn't want to deal with the extra hurdles.
IMO - if you own your house and aren't a felon, you can get your ffl. Send in the paperwork ($200 charge) and see what, if anything, is going to hold you up. The $200 is only spent if and when the ffl is approved
Billmanweh
Member
I'm in the process of getting my FFL now. There is no requirement that you have a storefront. For that matter, you don't have to be the owner of your home either. You would just need written permission from the owner. You *will* have to have the zoning stuff worked out.
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