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. During the FFL application review, ATF investigators make sure there you have included everyone who should be. Information on this Website may contain inaccuracies or typographical errors, and may be changed or updated without notice. Incomplete applications can create significant delays. However, you are required by 27 CFR 478.125 to maintain in your permanent records the disposition of such a replacement firearm. By clicking "Accept" or using our website, you consent to the use of cookies unless you have disabled them. Expand your knowledge. If the DIO decides that the violations were willful and revocation is justified, or if the licensee does not request a hearing, ATF sends a final notice of revocation (ATF Form 5300.13) to the licensee with a summary of the findings and legal conclusions that warrant revocation. A responsible Person is: Such records shall be maintained in the form and manner as prescribed by 478.124 and 478.125 in regard to firearms transaction records and records of acquisition and disposition of firearms. In these circumstances, an ATF Form 3 must be approved and the NFA firearm must be in the cooperating dealers inventory before the cooperating dealer is permitted to submit an ATF Form 4 to ATF to effectuate the final transfer to the end consumer (i.e., ATF Form 3 and ATF Form 4 cannot be submitted to ATF concurrently). Applicable Laws and Regulations: 27 CFR 478.71, 478.121, 478.129, 479.71, 479.88, 479.101, 479.103, and 479.131. 925(a)(1); 27 CFR 478.121, 478.122, 478.123, 478.125, and 478.134. In some respects, federal firearms licenses are fluid documents that can be changed depending on the growth of your business. If you have questions about removing or adding a responsible person to your license, we recommend you contact your Legal Instruments Examiner at the Federal Firearms Licensing Center (FFLC). Why is it important to know what/who an RP is? Licensees may report new responsible persons by filing an ATF Form 7/7CR, Part B - Responsible Person Questionnaire (RPQ) with the Chief, FFLC. Transfer of a replacement firearm of the same kind and type to the person from whom a firearm was received. Common examples of acceptable identification documents are a valid drivers license or a valid State identification card. While relatively few FFLs engage in such conduct, the negative effect that willful violations have on public safety can be immense. This means accounting for all firearms in inventory and properly disposing of firearms in accordance with Federal and State firearms laws. NSSF works on behalf of every one of its members every day to strengthen our industry. Consider setting aside all completed ATF Forms 4473 in a centralized location for each days sales. The NFA, corresponding regulations, and the ATF Form 2 only permit the registration of firearms manufactured, reactivated, or imported. Terms of use|Corporate Headquarters: FFL123.com // 4901 N 4th Ave, Sioux Falls, SD 57104 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. This is done by clicking the my profile tax, then the FFL / AECA / EIN Access tab. You may also deliver your records to the ATF office that serves the area where your business was located. c. FFL123 shall me an BMADDOXENTERPRISES,LLC, South Dakota Silencer,FFL123.com, and all other business subsidiaries, entities, and websites owned or operated by BMADDOX ENTERPRISES, LLC. In the case of a trust, thosepersons with the power or authority to direct the management andpolicies of the trust include any person who has the capability toexercise such power and possesses, directly or indirectly, the power orauthority under any trust instrument, or under State law, to receive,possess, ship, transport, deliver, transfer, or otherwise dispose of afirearm for, or on behalf of, the trust. A licensee needing to verify the validity of a Type 03 or Type 06 license may contact ATFs FFLC at 1-866-662-2750. ATF Industry Operations Investigators (IOIs) assist Federal firearms licensees (FFLs) in understanding and complying with the laws and regulations for operating a firearms business. From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm. 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. The firearm must be for use within the scope of employment of the government personnel. A collectors license does not entitle the holder to engage in the business of dealing in firearms, including dealing in curio or relic firearms. Licensees who ship with the United States Postal System (USPS) should ship via first class in order to protect their customers PII. With certain exceptions, a licensee may rent a handgun to a person less than 21 years of age, or a long gun to a person less than 18 years of age, for use at an on-premises shooting range. The definition usually includes corporate officers and owners or companies, but not in every case. Your original license must be submitted with the ATF Form 5300.38. c. Each situation is different and We cannot possibly predict or understand every unique factual situation and/or nuance of local and state laws. Serial number of each complete firearm; and. Federal Firearms Licensee Quick Reference and Best Practices Guide It is VERY important to have the correct people listed as RPs on the FFL! Copyright 2010-2023, FastBound. Viewer understandsand agrees not to use this Website if Viewer deem selectronic communication as consent to jurisdiction in any other state or country. out how we can help you get licensed. 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. An approved ATF Form 4 permits the tax paid transfer and registration of the NFA firearm listed on the Form 4 to the transferee listed on the Form 4. ATF is generally limited to the inspection of a licensee not more than once during any 12-month period. See frequently asked questions on FFL. See also, P. 14, 32, 114, 124, 145, 210-11). Licenses are not transferable. You will need to request FFL Access first and after your FFL access is approved you will need to request EIN access. CONTENTS AND DISCLAIMER OF WARRANTIES. 922(t); 27 CFR 478.102(d), 478.131, 478.134. The ATF further muddles their reasoning claiming that a beneficiary, who by definition has limited to no control over the trust, may be a responsible person because of their capacity to control the management or disposition of a relevant firearm. Here, the ability to appoint who receives a firearm could, arguably, require inclusion as a Responsible Person.. However, exceptions to the 922(g)(5)(B) prohibition are provided in the GCA, 18 U.S.C. Thanks from an IL resident (so no type 01 for me). PRIVATE ENTITY. Its also important for applicants to understand exactly what information is required by ATF prior to submitting the ATF F 7 to the FFLC. 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. d. Violate any intellectual property laws that protect informationon Our Website. d. Innoevent shall FFL123 be liable for any failure to perform its obligations where such failure is. Gun laws and regulations can be confusing. 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. Licensees are reminded to exercise due diligence to ensure that PCS orders, whether electronic or paper, reflect a PCS and not a temporary move or deployment (TDY). (304) 260-1500 or (800) 788-7133. NSSF initiative, Operation Secure Store, is helping to decrease firearm burglaries, recently down 25%. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. As if legislation wasnt hard enough to understand, sometimes the ATF is forced to interpret laws that were left vague. Applicable Laws and Regulations:27 CFR 478.41, 478.52. is there any reason for me to add him as an RP, or is there even any benefit? Unfortunately, there are many myths about getting a home based FFL from the BATF. Have you ever tried to send or receive a firearm but werent sure how to do it? Your financial officer may have managerial powers, but since he doesnt deal with firearm sales, he isnt required to be listed as a responsible person. (If that were the case, some companies would have hundreds of people listed on their application.). The licensee must ensure each ATF Form 4473 is completed correctly in accordance with the instructions on the form. When a discontinued firearms or ammunition business is succeeded by a new licensee, firearms records should be marked to show this fact and must be delivered to the successor. In the first sentence, it is noteworthy to point out that employees are not included. You covenant and agree that You will not: 8. Applications that can be approved without investigations or material changes are processed much faster, especially when they need to investigate the background of an additional person. 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. 5 Common Mistakes that kill your chances of getting approved of your FFL. If the ATF investigates and discovers that the responsible person quit last month, you may receive a violation. Proponents of gun control argue that it is the only way to reduce violent crime. 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.