Firearms Dealer (FFL) Permits & Licenses in Albuquerque, NM

Firearms dealers are subject to the Federal Excise Tax (FET) on manufacturers and importers, but retailers pay the Special Occupational Tax (SOT) annually. Type 01 FFL dealers (retail) must pay the $500 SOT unless exempt. Registration is handled through TTB Form 5630.5a. Payment is due by July 1 each year.

New Mexico LLCs are pass-through entities. Owners report business income on personal returns. However, if the LLC elected corporate status, it must file Form CR-TC. Most FFL LLCs will not pay entity-level income tax but must file informational returns if applicable. Confirm filing requirement based on federal election.

Not all New Mexico cities impose a local business tax. For example, Albuquerque requires a Business Tax Registration Certificate. Other municipalities may have similar requirements. Fees and rules vary by city or county. Registration is typically with the city treasurer or finance department.

Required for all LLCs with employees or those electing corporate taxation. Single-member LLCs without employees may use the owner’s SSN, but an EIN is recommended for privacy and banking. Apply online via IRS Form SS-4.

Required for all businesses operating within Albuquerque city limits; separate from state Gross Receipts Tax

Applies to county-only operations; GRT rates vary by location (7.375% county rate as of 2024)

Firearms dealers typically permitted in C-1/C-2 commercial zones; verify via Zoning Verification Letter

Retail sales (including firearms) allowed in CR/GR zones with site plan review

Required for interior build-out, secure storage rooms for FFL compliance

Wall/monument signs allowed; max size per zone (e.g., 100 sq ft in commercial)

NFPA 1/IFC Chapter 11; may require HazMat permit for >500 lbs ammo

Required after building permit inspections pass; Group M occupancy for retail

All businesses require; no special firearms restrictions noted

Retail uses permitted in C-1 zones; home occupation prohibited for FFL

Required alongside state GRT; Lodger's Tax if applicable

County LDR 6.6; firearms sales often need public hearing approval

A surety bond is required by federal law for all FFL applicants. The bond amount is typically $1,000 for most dealers but may increase up to $10,000 based on the ATF’s discretion and inventory volume. Required under 27 CFR § 178.124. Bond ensures compliance with 18 U.S.C. Chapter 44.

Mandatory for all employers with one or more employees in New Mexico under NMSA 1978, § 52-1-23. Sole proprietors without employees are exempt. Coverage must be obtained through a licensed insurer or self-insurance program approved by the state.

Not legally required by the State of New Mexico for general businesses, including FFL holders. However, strongly recommended due to risk of third-party injury or property damage on premises. May be required by landlords or lenders.

Required under New Mexico Statutes § 66-5-3 if the business owns or operates vehicles. Minimum liability coverage: $25,000 bodily injury per person, $50,000 per accident, $10,000 property damage. Applies to all registered vehicles, including those used for business transport of firearms or supplies.

Not mandated by New Mexico law for firearms dealers. However, due to the high-risk nature of selling firearms, product liability coverage is strongly recommended to protect against claims of defective or malfunctioning firearms. No statutory requirement exists.

Not required by New Mexico or federal law for firearms dealers. However, E&O insurance may protect against claims of negligence in background check processing or transfer procedures. Strongly recommended but not mandated.

Required for all LLCs; expedited filing available for additional $100-150

Required for all LLCs to maintain good standing

Renewal every 2 years; required if using trade name

Required for ALL businesses selling tangible goods/services in NM; combined reporting applies for multi-member LLCs

Replaces separate EIN for state tax purposes

Many NM cities require local business registration; check specific municipality

Firearms sales may qualify for specific exemptions; GRT generally applies

All businesses selling taxable goods or services in New Mexico must register for Gross Receipts Tax (GRT), which applies to firearms sales. GRT rates vary by jurisdiction (state, county, city). Firearms dealers are subject to GRT on retail sales. Registration is done via the NMTRED online portal.

Required if the LLC employs workers. Employers must withhold state income tax from employee wages and remit it to NMTRED. Registration is completed through the NMTRED online system.

All employers in New Mexico must register with the NMDWS for Unemployment Insurance tax. Rates are experience-rated after initial years. Registration can be completed online via the NMDWS Employer Tax System.

Required for any individual or business entity engaged in the business of importing, manufacturing, or dealing in firearms. LLC must register using its EIN. Form 7 (5300.34) must be submitted with photos, lease agreement, and zoning compliance documentation. Renewal required every 3 years at $90.

Even single-member LLCs without employees may need an EIN if they are applying for an FFL, as ATF requires business entity identification. IRS Form SS-4 used to apply.

Class 3 SOT allows a dealer to sell NFA items. Paid in addition to standard FFL. Must be renewed annually. SOT status is layered on top of FFL.

Only applicable if the FFL business operates a bar, restaurant, or holds an alcoholic beverage license. Since most firearms dealers do not serve alcohol, this is typically not required. No mandate exists for standard FFL operations.

Required under NMSA 1978, Chapter 7. All FFLs must register for a Sales Tax Control Number (STCN) and file returns. Firearms are fully taxable. No exemption for licensed dealers.

Commercial buildings, including firearms dealers, may be subject to fire code inspections. Requirements vary by municipality. Check with local fire marshal.

Business premises must comply with local zoning and building codes. Some cities require periodic inspections or permits for signage, occupancy, or safety.

Mandatory for all employers in New Mexico with employees. Must be purchased from a licensed insurer or through the state fund (New Mexico Workers’ Compensation Administration).

Required in addition to federal FFL. Includes fingerprinting, background check, and application fee. Must be renewed separately.

Required for all businesses, including FFLs. Must be renewed annually.

Mandatory maintenance of Acquisition & Disposition (A&D) records, Form 4473 (firearms transaction records), and inventory reports. Must be available for ATF inspection at any time. Electronic records permitted if compliant with ATF standards.

All U.S. employers must verify identity and work eligibility of all employees, regardless of citizenship. Applies to LLCs with employees. Form I-9 must be retained for 3 years after hire date or 1 year after employment ends, whichever is later.

General duty clause requires employers to provide a safe workplace. While firearms dealers are not subject to specific OSHA standards for firearms, they must comply with general safety standards (e.g., electrical, fire, ergonomics). Posting of OSHA workplace poster (OSHA 2204) required.

Applies to all businesses engaged in commerce. Prohibits deceptive advertising, false claims, and unfair practices. Firearms dealers must ensure website, print, and social media ads are truthful and not misleading (e.g., pricing, availability, transfer requirements).

Single-member LLCs are disregarded entities and report income on owner’s Form 1040. Multi-member LLCs default to partnership taxation (Form 1065). LLC may elect corporate taxation. Sales of firearms are subject to ordinary income tax. No federal excise tax on retail sales (only manufacturer's excise tax under 26 U.S.C. § 4181).

Requires accessibility for individuals with disabilities in places of public accommodation. Includes physical access (ramps, counters), communication (policies for service animals), and website accessibility if services are offered online. Applies to FFL dealers with retail storefronts.

ATF Form 4473 must be completed for every firearm sale or disposition. Originals must be retained at business premises and available for inspection. Electronic storage permitted if compliant with ATF e-4473 program.

All FFL holders must submit ATF Form 8 (or Form 8A for changes) annually to report business information, location, and responsible persons. Failure to file may lead to license revocation.

Effective 2023, renewal fee reduced to $30 for most FFL types under Bipartisan Safer Communities Act (Public Law 117-159). Original application still requires full fee. Renewal notice sent by ATF 60 days prior to expiration.

Applies to all LLCs registered in New Mexico. Must be filed each year to maintain good standing. Filed online via the Business Services portal.

Required if the LLC has employees or files certain information returns. Estimated taxes not required for employers if taxes are withheld and deposited properly.

All businesses selling taxable goods/services in New Mexico must register and file GRT returns, even if no tax is due. Firearms sales are subject to GRT.

FFL holders must maintain Acquisition & Disposition (A&D) records, Form 4473s, and other required documents onsite for inspection by ATF agents without prior notice. Records must be retained for 20 years after the date of entry.

Form 3310.4 must be submitted electronically via eForms or faxed to ATF within 48 hours. Also required to notify local law enforcement.

The original FFL must be visibly displayed near the entrance or primary point of business. Required for all FFL holders.

Some municipalities require local business licenses. For example, Albuquerque requires a Business Tax Certificate. Display requirements vary by locality.

Acquisition & Disposition (A&D) records and ATF Form 4473 (for each firearm sale) must be maintained in bound, non-removable books or approved electronic format. Must be available for inspection at all times.

Employers must post the current New Mexico Minimum Wage Order and other labor law notices. Updated annually; latest version available from DWS.

Required for all employers with employees. Poster (OSHA 2203) informs workers of their rights and protections under the OSH Act. Available in English and Spanish.

ATF does not currently mandate formal continuing education for FFL holders. However, ATF strongly encourages participation in FFL E-Learning and Compliance Seminars to maintain compliance awareness.