Navigating the process of obtaining a Federal Firearms License (FFL) in Texas requires understanding both federal requirements and state-specific regulations. While the FFL itself is a federal license administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), firearm regulations for Federal Firearms Licensees can vary greatly between states, and prospective FFLs in Texas should aim to gain an understanding of the laws that will affect them as a licensee.
With nationwide expertise on firearms compliance, FFLGuard provides legal service for FFLs around the country, including Texas, to meet their state’s laws and anything else needed to achieve their goals as a licensed firearm dealer.
Who Needs an FFL in Texas?
Not everyone who handles firearms requires an FFL. Generally, individuals or businesses planning to engage in the following activities need to obtain a Federal Firearms License:
- Sell firearms
- Buy firearms for resale
- Most gunsmithing services
- Manufacture firearms or ammunition
- Remanufacture firearms such as cerakote, engrave, assemble or disassemble
Private sales for personal use without any real or perceived gain (monetary or non-monetary) may not require an FFL in Texas. However, federal law now has a broad definition of “engaged in the business,” therefore FFLGuard always recommends you consult an expert to ensure you are not subject to FFL regulatory requirements. The consequences for failure to comply can include penalties and jail time. .
To obtain an FFL, applicants in Texas must meet the necessary federal requirements:
- Be at least 21 years old
- Be a U.S. citizen or permanent resident
- Have no felony convictions and no prohibited person status
- Be willing to comply with federal firearm laws
- Have a location (business or home) suitable for FFL operations
In addition to federal guidelines, your premises must comply with all local zoning ordinances, and if you plan to operate from a residential address, additional considerations apply.
Applying for an FFL
Since the FFL application is handled by the federal government, a prospective FFL in Texas will complete the same application, ATF Form 7, as other prospective FFLs around the country. The form requires demographic, business, and personal information to meet federal regulations.
After the form is successfully completed and submitted, the applicant must undergo background check, a local ATF field office interview with an Industry Operations Investigator (IOI), and a final area supervisor review before hearing back about their application.
Types of FFLs
This application can be used for all nine FFL types:
- Type 01: Dealer
- Type 02: Pawnbroker
- Type 03: Collector of Curios and Relics
- Type 06: Manufacturer of Ammunition
- Type 07: Manufacturer of Firearms
- Type 08: Importer
- Type 09: Dealer in Destructive Devices
- Type 10: Manufacturer of Destructive Devices
- Type 11: Importer of Destructive Devices
State-Specific Regulations
While Texas is considered a very lenient state in terms of firearm regulation, there are several local zoning laws and other ordinances that might affect an FFL’s business operations. Understanding and complying with these state-specific regulations can help Texas FFLs remain prepared. Further, when leasing or renting, the lease or rental agreement must explicitly allow for the specific firearms operations you want to conduct.
Background Checks
Federal background checks are required for virtually all firearm transfers through an FFL. While Texas doesn’t mandate background checks for private sales – but does make it a crime to knowingly transfer and/or allow possession of a firearm by a prohibited person, as an FFL you must conduct background checks for all transfers or validate a federally recognized background check exemption.
Enroll in One of FFLGuard‘s Plans for Personalized Legal Services
Since its founding in 2008, FFLGuard’s cooperative legal and compliance program has provided unmatched expert guidance for ATF compliance and legal protection for FFLs and FELs throughout the United States. Our service plans help firearms businesses navigate the complex regulatory landscape, both federally and within their individual state, with confidence. Our service plans offer assistance with applying for and obtaining your FFL/FEL, site audits, educational resources, legal assistance, and many more services designed to protect your license and livelihood. With FFLGuard as your partner, you can focus on running your firearms business while we help ensure your regulatory compliance remains on solid footing.