Loaded With Fleas

Everyone knows you, as an FFL, are permitted to sell at gun shows. The law considers bona fide gun shows to be an extension of your licensed place of business, permitting you to conduct business exactly as you would in your home or store, as long as the gun show is in the same state as your ATF license.

But can you sell at flea markets? The answer is “not directly.” Flea markets are not considered bona fide gun shows, per the ATF. You may not sell firearms at flea markets. But you may display firearms and take orders for them. The actual delivery or transfer must be at your licensed place of business.

This also holds true for gun raffles. For the last three years, I’ve been the FFL for an annual gun raffle for a non-profit organization with which I am involved. We raffle twenty (20) guns, and the winners are each provided with a certificate that indicates they are eligible to receive a gun. The tickets indicate that winners must 1) be a Pennsylvania resident, 2) be over the age of 21, and 3) be able to pass a background check. The PA resident mandate is so I don’t have to ship the firearm to another FFL because the winner lives out of state, the shipping charges of which will lower the non-profit’s net proceeds. The winners make arrangements to come to my place of business, at which time I conduct the background check, check their ID, and have them complete a 4473. Easy peasy!