This website uses cookies to improve your experience while you navigate through the website. We use cookies to ensure we give you the best experience on our website. We think it is smart to always have more than one responsible person on every FFL. For this reason, an ATF Form 4473 (5300.9) is not required to be completed, and no NICS background check is required, for onsite firearms rentals. DISPUTES. Upon expiration of the license or permit, the corporation or association shall file an ATF F 5400.13 or an ATF F 5400.16 as required by 555.45, and pay the fee prescribed in 555.42(b) or 555.43(b). Americans have purchased Modern Sporting Rifles (MSRs) by the millions and are becoming more aware, Join the industrys leading executives and marketing professionals for two days of insights, education, and. The certification letter must be 1) on official agency letterhead; 2) signed by a person in authority within the agency (other than the person purchasing the firearm); and 3) state that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has not been convicted of a misdemeanor crime of domestic violence. Depending on an applicants particular situation, ATF may determine that some persons will have to be included or excluded as RPs. The GCA generally exempts government agencies from the transportation, shipment, receipt, possession, or importation controls of the GCA when firearms or ammunition are imported for, sold or shipped to, or issued for use of, the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. This Agreement and the relationship between Viewer and FFL123 shall be governed by the laws of the State of South Dakota, without regard to its conflict of law provisions. Licensed dealers and licensed pawnbrokers in Arizona, California, New Mexico and Texas MUST report to ATF on a Report of Multiple Sale or Other Disposition of Certain Rifles, ATF Form 3310.12 (Form 3310.12), all transactions in which an unlicensed person acquired, at one time or during five consecutive business days, two or more semi-automatic rifles larger than .22 caliber (including .223/5.56 caliber) with the ability to accept a detachable magazine. A licensee may rent a firearm to a person for temporary use away from the licensees business premises for lawful sporting purposes. Some States, known as point of contact (POC) States, conduct NICS background checks for some or all firearms transfers. These violations are: Transferring a firearm to a prohibited person; failing to run a required background check: falsifying records, such as a firearms transaction form; failing to respond to an ATF tracing request; or refusing to permit ATF to conduct an inspection in violation of the law. Applicable Laws and Regulations: 18 U.S.C. Applicable Laws and Regulations:27 CFR 478.45, 478.49, 478.50. for 4. Can I add my wife as an RP on my Curio & Relic license, or are multiple RPs just for FFL businesses? Applicable Laws and Regulations: 18 U.S.C. We recommend that licensees attach the ATF Form 3310.12 to the back of the corresponding ATF Form 4473. Most people think that the RP is the holder of the FFL. This is not correct. If the above conditions are met, you are not required to prepare an ATF Form 4473 (5300.9) for the transaction or conduct a NICS background check; however, the disposition to the officer must be entered into your Acquisition & Disposition (A&D) records, and the certification letter from the officer must be retained as part of your required records. The firearm must be for use within the scope of employment of the government personnel. The purpose of this program is to allow a licensee or other user to verify that a Federal firearms license is valid. Required records include, but are not limited to, ATF Forms 4473, A&D records, ATF Forms 3310.4, and ATF Forms 3310.11. Licensee - Adding or Removing a Responsible Person - FFLGuard Licensee - Adding or Removing a Responsible Person posted on January 18, 2019 Q: How do I add and remove an RP from an FFL? Each licensed importer shall record the following in an A&D record for each acquisition of a firearm: Each licensed importer shall record the following in an A&D record for each disposition of a firearm to another licensee: Each licensed importer shall include the following in a separate A&D record for each disposition of a firearm to a non-licensee: The required acquisition information for each firearm imported or otherwise acquired shall be recorded within 15 days of the date of importation or other acquisition. A new application may be required if the error was on the part of the applicant. An ATF Form 3 or an ATF Form 4 cannot be submitted until the NFA item is manufactured and the associated Form 2 has been submitted. Laws change from time to time, and We most likely have not reviewed thelocal rules and regulations in Your area. Bureau of Alcohol, Tobacco, Firearms and Explosives Contrary to popular belief, it is perfectly legal for a law-abiding citizen of the United States to own/possess a machine gun (sometimes called a full-auto firearm or automatic weapon). COMPLIANCE WITH LAW. Martinsburg, WV 25405 NOT TO DO LIST. For purposes of purchasing firearms, the same residency rules apply to military spouses as applied to other individuals attempting to purchase a firearman individual resides in a State in which he/she is present with the intention of making a home. In the event FFL123 is successful in the arbitration or any litigation, it shall be awarded its reasonable costs, expenses and attorney fees. It's your job to make sure that someone working at your business is listed on your license at all times. One solution to an ambiguous situation is for the applicant to clearly state in writing that a particular persons duties do not qualify them as a Responsible Person. 922(g), (y); 27 CFR 478.11, 478.29(a), 478.32, 478.99. If you have not received your renewal application 30 days before the license expiration date, please contact the FFLC toll-free at 1-866-662-2750. 921(b); 27 CFR 478.11, 478.21, 478.102, and 478.124. The name and license number of the licensee to whom transferred; and. Address of the person to whom transferred or license number if the person is a licensee. 922(a); 27 CFR 478.93, 478.94, 478.95, 478.122, 478.123, and 478.125. Viewer acknowledges and agrees that all information contained on this Website is deemed published when first posted to Our web server. View Answer Expand your opportunities. Absent extraordinary circumstances, ATF will issue a notice of revocation whenever it determines an FFL has willfully committed a single act of one of the following violations: Other willful violations that may result in the issuance of a notice of revocation include but are not limited to failure to: If the violations do not warrant a notice of revocation, ATF has several ways to guide the FFL toward corrective actions and future compliance. 922(t)(3) (See ATFs. Additionally, ATF Form 3310.4 is not required for frames or receivers of any firearms, or firearms having a pistol grip that expel a shotgun shell (pistol grip firearms), because they are not pistols or revolvers; see ATF Form 4473 instructions pertaining to the Category of firearm(s) to be transferred.. a. NSSF is the unified voice of our entire industry. This Agreement constitutes the entire agreement between Viewer and FFL123, except for those Viewers who become or are Customers; provided that Customers are subject to additional terms and conditions for the use of products/services purchased fromFFL123. In a city or county police department, the director of public safety or the chief or commissioner of police. Applicable Laws and Regulations: 18 U.S.C. Unfortunately, such an interpretation raises the question as to why the ATF included this sentence at all? The NFA, corresponding regulations, and the ATF Form 2 only permit the registration of firearms manufactured, reactivated, or imported. Active duty military members may satisfy the identification document requirement by presenting his or her permanent change of station (PCS) orders showing the military members permanent duty station along with his or her military identification card. The amended regulation to require FFLs to certify that they have secure gun storage devices available to their customers. A responsible person on the FFL license, as defined by the ATF, means someone who has the power to direct the management and policies of the business entity for which the federal firearms license is being applied. A&D records must include information about the receipt, sale, or other disposition of firearms. Consider conducting a full firearms inventory on a regular basis. Today, well dive into the latest FastBound release, , The ATF Form 1 (Form 5320.1) is the application that theBureau of Alcohol, Tobacco, and , Technically, it would depend on how you define the word buy. If you went to , Due to new statutory requirements outlined in theNICS Denial Notification Actand the Biden administrationsBipartisan Safer , Disposing of a firearm seems complex since you cannot just throw your unwanted firearm in , If you want to buy and sell modern firearms, you need an FFL Federal , FastBound firearms compliance software proud to announce a feature that Federal Firearms License (FFL) holders , The United States Bureau of Alcohol, Tobacco, and Firearms released ATF records for Fiscal Year , No. A firearms business venture may not be appropriate for everyone, and You agree that We are not recommending that You start, continue, expand or cease a firearms business. It is mandatory to procure user consent prior to running these cookies on your website. Failure to do so can result in the revocation of their license. Dealer acquisition and disposition records must be retained for 20 years under 27 CFR 478.129(e). Question, if I am the only person involved in my small business and FFL license, does that mean I am the sole proprietor and the responsible person for the FFL application? A General Manager of a store or group stores may be considered a Responsible Person in some instances; such as in the case of an absentee owner, or owners who reside outside of the United States. When applying for a license for each location, ATF would have been required the retailer to name someone at each location as a responsible person associated with the licensee prior to issuing the license. No matter who you decide to declare as a responsible party, you need to make sure you declare at least one person. FFL License Requirements | Responsible Persons 922(t); 27 CFR 478.102(d), 478.131, 478.134. You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers. In these cases, the licensee must comply with the requirements in 27 CFR 478.54. However, if State law or local ordinances establish a higher minimum age for the purchase or disposition of firearms, the licensee must observe the higher age requirement. depends, we cover this in the guides, are you a customer sir? FFLs with any questions are encouraged to check with their local ATF field office before accepting certification letters from other officials. (b) Each person holding the license or permit must report to the Chief, Federal Explosives Licensing Center, any change in responsible persons or employees authorized to possess explosive materials. If the FFL is qualified to do business in NFA firearms, the FFL may not lawfully conduct business in NFA firearms at the new location without the approval of the Chief, NFA Branch. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE. An ATF Form 4473 must be completed when you: Note: You may only transfer a firearm to the person who completed the ATF Form 4473 and NOT to a spouse, relative, or other representative of that person. For starters, consider the definition found in 27 CFR 479.11: In the case of an unlicensed entity, includingany trust, partnership, association, company (including any LimitedLiability Company (LLC)), or corporation, any individual who possesses,directly or indirectly, the power or authority to direct the managementand policies of the trust or entity to receive, possess, ship,transport, deliver, transfer, or otherwise dispose of a firearm for, oron behalf of, the trust or legal entity. Bureau of Alcohol, Tobacco, Firearms and Explosives, Download Form 7(5310.12A)-7CR(5310.16) - Responsible Person Questionnaire Supplement for Use By Additional Responsible Persons for Form 7 / 7CR, ATF Form 7 / 7 CR (F 5310.12/F 5310.16), Application for Federal Firearms License. If youre a sole proprietor, you will be your own responsible person. If youre a partnership, youll probably have two persons. That depends on what their exact duties entail, and the findings of the ATF Officer (IOI) conducting the investigation and qualification inspection. A responsible Person is: Instead, the business or entity is technically the holder of the FFL (even if a sole proprietorship) and the RPs are the employees that work for the entity that has the FFL. You further agree that: 3. NOTHING ON THIS WEBSITE CONSTITUTES LEGAL OR TAX ADVICE. This document is intended only to provide clarity to the public regarding existing requirements under the law or Department policies. Licensed importer and manufacturer records of sale or other disposition of firearms shall be retained for at least 20 years. Steps IOI(s) conduct during inspections include, but are not limited to: At the conclusion of the inspection, the IOI will advise the licensee of any violations or discrepancies disclosed, if any. As stated on the ATF Form 4473, [a] valid electronic document from a government website may be used as supplemental documentation provided it contains the transferees/buyers name and current residence address.. Larger companies with multiple divisions and corporate officers would have to list all of them, even if they had nothing to do with firearms. However, trusts arecomplicated contracts that the settlor can draft with minute details and multiple roles: Thus this is not necessarily true. Retain a copy of the ATF Form 3310.11 as part of your records. Save my name, email, and website in this browser for the next time I comment. 1. The A&D records prepared by licensed dealers and licensed collectors pertaining to the sale or other disposition of firearms, and the corresponding record of receipt of such firearms, shall be retained for at least 20 years. 7. I am so confident that youll benefit from the FFL INSIDER REPORT, that I would like to present to you for FREE! c. You should always review these Terms and Conditions prior to each visit to ensure that You have the full understanding of the current Terms and Conditions. 923(d); 27 CFR 478.73, 478.104. The IOI may ask specific detailed questions regarding the activities of the particular corporate officer. This is sim, Summary: A gun trust is a legal entity that has special rules and provisions built into it t, The simple answer is yes, it is 100% legal to buy, sell, and make armor-piercing ammunition, reviewed by nra national rifle association ffl123. The licensee is not required to submit a new application for an FFL as the result of a change of control but must provide notification to the FFLC within 30 days of such change. The sender/transferor FFL shall report the theft or loss by calling 1-888-930-9275 and by preparing and submitting an original ATF Form 3310.11 to ATF as indicated on the form instructions. Applicable Laws and Regulations: 27 CFR 478.121, 478.122, 478.124, 478.125, and 478.129. Here ATF states clearly that Responsible Persons applies to those who possess the power or authority to direct the management and policies of an entity insofar at they pertain to firearms. But, the ATF asserts that Trusts differ from legal entities in that those possessing the trust property trustees are also the individuals who possess the power and authority to direct the management and policies of the trust insofar as they pertain to trust property, including firearms. This single sentence appears as the lynchpin in the ATFs reasoning that anyone who can possess a firearm in a trust can ergo control the management of the trust. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I operate my FFL business online, at gun shows and operations in several states. One of the key strategies in getting approved for a FFL is to have a complete and perfected application received by ATF; an application which will be approved without making any material changes to the ATF Form 7. FFL123 has attempted to provide accurate information on this Website, but assumes no responsibility for the accuracy of the information. The ATF prefers that you list multiple people on the license. I have learned all the tricks of the trade. The open entries in your A&D record pertaining to lost or stolen firearms must be closed out by documenting in the disposition section whether the firearm was lost or stolen, along with the ATF issued incident number, and the incident number provided by the local law enforcement agency. Terms of use|Corporate Headquarters: FFL123.com // 4901 N 4th Ave, Sioux Falls, SD 57104 So, youre either thinking about getting your FFL, or you already have an FFL license and are curious about Responsible Persons (RPs). CategoriesCurrent News, General Firearm LawsTagsATF-41P, National Firearms Act, Trusts. The licensee in the buyers State of residence is responsible for the ATF Form 4473 and NICS background check. ATF may enter the premises and places of storage of any licensed manufacturer, licensed importer, licensed dealer, or licensed collector during business hours for the purposes of inspecting or examining the records, documents, ammunition and firearms and to ensure compliance with GCA recordkeeping requirements. An ATF Form 4473 is not required for curio and relic transactions conducted by licensed collectors. ATF Form 3310.4 must be attached to the back of the ATF Form 4473 for the transfer as part of your records. 244 Needy Road In your letter, include fingerprint cards (special instructions from the ATF are here) and photographs, as well as personal information: full legal name, position, social security number, home address (including addresses the person has had for the last five years), country of citizenship, place of birth (city and state or foreign country), date of birth, race and ethnicity, sex, and home telephone number. If, after a firearm has been transferred, you discover that the ATF Form 4473 (5300.9 and/or 5300.9A) is incomplete or was improperly completed, do NOT make changes to the original ATF Form 4473. The definition usually includes corporate officers and owners or companies, but not in every case. This is done by clicking the my profile tax, then the FFL / AECA / EIN Access tab. Join us. 922(t)(5). FFL requirements should be examined by applicants for a Federal Firearms License beginning with 27 CFR 478.41. The submission address is: Federal Firearms Licensing Center A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. The date of sale or other disposition of the firearm; and. FFL - Adding/Removing RP on FFL posted on January 18, 2019 Q: What is the proper procedure for adding or removing an RP from my FFL? ATF encourages licensees to conduct background checks on their employees on a regular interval (e.g., on an annual basis) to ensure prohibited employees do not possess firearms or ammunition. Some regulatory violations of the GCA pose inherent public safety risks and, when willfully committed, will result in ATF taking action to revoke the license of the offending FFL. Please do NOT submit firearms, firearms parts, ammunition, currency, State firearms records, etc. You may not sell or transfer a firearm to a nonlicensee who resides outside the State in which your licensed premises is located. The A&D records should reflect the transfer to the out-of-State FFL to whom the firearm was shipped, and not to the end purchaser. Where a NICS check was conducted, but no sale, delivery, or transfer of a firearm is made, licensees need only retain the ATF Form 4473 for five years from the date of a NICS check. c. Each situation is different and We cannot possibly predict or understand every unique factual situation and/or nuance of local and state laws. The applicant should detail the persons duties and position within the company, as well as state in the letter the reasons why the person should not be considered a Responsible Person. Applicable Laws and Regulations: 27 CFR 478.92, 478.123, 478.129. Any claims asserted against FFL123 by any Viewer, person, or entity shall be submitted to confidential arbitration in SiouxFalls, South Dakota. Having a complete and perfected application streamlines the process, and eliminates possible barriers to licensing before ATF receives the FFL application. An ATF Form 2 cannot be submitted for an item or device that does not meet the definition of a NFA firearm (i.e., chunk of metal, unfinished tube, non-existent firearm, GCA firearm). This includes, but is not limited to, firearms for sale or trade, consignment, pawn, repair (if received for repair AND kept overnight), replacement, loan or rental away from your licensed premises, and all other acquisitions and dispositions of firearms. This site uses Akismet to reduce spam. Manufacturer (not required if manufactured by the licensee); Name and licensee number of the licensee to whom the firearm was transferred.