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Any use of this content without express written consent is prohibited. Can You Legally Buy a Gun for Someone Else? Adhering to the statutory and regulatory requirements discussed in this guidance document will assist FFLs in complying with all required firearm laws and regulations and will significantly contribute to ensuring public safety and the traceability of firearms. A sample A&D record is located at the end of this guide for your reference. 921(b) and 922(b); 27 CFR 478.11, 478.94, 478.96, 478.99(a), 478.102(a)(3) and 478.124(c). Once you have completed those two steps, your FFL license will be available from the FFL dropdown. The NFA, corresponding regulations, and the ATF Form 2 only permit the registration of firearms manufactured, reactivated, or imported. For each firearm you sell or otherwise dispose of, you must completely and accurately record the following information in your A&D record: Alternatively, if you file your ATF Forms 4473 in numerical (transaction serial number) order in accordance with 27 CFR 478.124(b), you may record your internal ATF Form 4473 number in the A&D record in lieu of recording the name and address of the non-licensee to whom you sold or transferred the firearm. ATF National Services Center Common examples of acceptable identification documents are a valid drivers license or a valid State identification card. 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.). c. Each situation is different and We cannot possibly predict or understand every unique factual situation and/or nuance of local and state laws. You do not need to submit another FFL application (Form 7). 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. NOTHING ON THIS WEBSITE CONSTITUTES LEGAL OR TAX ADVICE. In these instances, the following procedures must be followed: Licensees should take advantage of FFL eZ Check before transferring firearms to another licensee. We get it theres a lot of confusion about Responsible Persons on FFLs. The NFA requires that a person possessing a firearm registered in the National Firearms Registration and Transfer Record (NFRTR) retain proof of registration which must be made available to any ATF officer upon request. a. The responsible person becomes part of that FFL and can manufacture under that FFL just like an employee of that business can. During the hearing, the licensee has the opportunity to challenge the violations, including presenting evidence supporting assertions that a violation was not willful or does not otherwise warrant revocation. Heres an explanation of responsible persons. Licensees may not sell or deliver a firearm or ammunition to a person who the licensee knows or has reasonable cause to believe is less than 18 years of age, and may not sell or deliver a firearm other than a rifle or shotgun - or ammunition for other than a rifle or shotgun - to a person who the licensee knows or has reasonable cause to believe is less than 21 years of age. 244 Needy Road 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. The amended regulation to require FFLs to certify that they have secure gun storage devices available to their customers. Email: fflc@atf.gov, To Receive ATF Forms and Publications: A new application may be required if the error was on the part of the applicant. 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. Applicable Laws and Regulations: 18 U.S.C. Factors to consider include the persons ownership interest in the business (if any), as well as the business management structure; not all corporate officers or directors have the power to direct or control the firearms business. What are the ATF requirements for Responsible Persons? 12. Gun laws and regulations can be confusing. g. Viewer is any individual or entity that views, receives, prints, distributes, otherwise uses/views the contents of this Website whether in electronic or printed form, orotherwise interacts with FFL123. 202. The licensee is not required to complete any paperwork for the transaction outside of recording the disposition in the A&D record. You must also forward a completed copy of the ATF Form 3310.4 to the official designated by the State or local authorities to receive the form. Applicable Laws and Regulations: 27 CFR 478.71, 478.121, 478.129, 479.71, 479.88, 479.101, 479.103, and 479.131. In the event that this arbitration provision is unenforceable, any litigation regarding this Agreement or any transaction between any Viewer, personorentity and FFL123 shall be brought in the state or federal courts located in Minnehaha County, South Dakota, and every Viewer, person, or entity here by agrees and submits to such jurisdiction and venue as exclusive and proper. This certified copy may be mailed, emailed, or faxed. Compliance inspections are conducted by ATFs industry operations investigators (IOIs). Have we helped someone near you?See our Map! As the trustor, you'll need to submit documents stating that you want that responsible party removed. The link herecontains the names, telephone numbers, and state assignments of the FFLC Legal Instruments Examiners. The application of the term business day is, therefore, distinguishable from the term business day as used in the NICS context. ATF Industry Operations Investigators (IOIs) assist Federal firearms licensees (FFLs) in understanding and complying with the laws and regulations for operating a firearms business. Applicable Laws and Regulations: 18 U.S.C. It is Your responsibility to comply with the law. Noteregarding military dependents: ATF advised in its November 2012 FFL Newsletter, PCS Orders and Military Dependents Purchasing Firearms, that 18 U.S.C. 922(m), 924(a)(3)(A). The ATF requires at least one Responsible Person (RP) and, in many cases, requires more than one RP. Are you a customer? *Must have a registered ARFCOM account to win. No additional license is required for a separate warehouse used solely for firearms storage, provided you maintain your required records at your licensed premises (27 CFR 478.50). Licensees must retain required records in accordance with 27 CFR 478.129. If you are applying as a sole proprietor, only you can be the RP. . Our in-depth course has helped thousands of people learn how to deal with the ATF and get their FFL we can help you too! This is a narrowing of the proposed definition which included any individual who possessed the power or authority . PRIVATE ENTITY. Instead, you should make corrections on a photocopy of the page pertaining to the inaccurate ATF Form 4473. The NICS check ensures that any person who purchases a firearm from you may lawfully receive firearms. The user needs the first 3 digits and the last 5 digits of the FFL being verified. First, ATF sends the licensee a notice of revocation (ATF Form 4500) that includes the violations that are the basis for pursuing revocation. Enter your email address to receive notifications of new posts. If a suppressor is held in a trust, then multiple people can legally possess and use the suppressor. If a licensee refuses to comply by not letting the IOI enter the business premises or inspect their inventory and records, this conduct is considered a willful violation of the GCA and ATF will pursue revocation of the license. Any responsible person can add another responsible person to the license. Your collectors license entitles you to conduct transactions in curios and relics only. To renew your license, you must complete and submit the renewal application (ATF Form 8 Part II), with the required fee, to the address specified on the form prior to the license expiration date. While relatively few FFLs engage in such conduct, the negative effect that willful violations have on public safety can be immense. Martinsburg, WV 25405 An FFL in any state can be a valuable asset for anyone who wants to , Hey there, fellow firearms enthusiasts and dealers! Employees come and go. Applicable Laws and Regulations: 18 U.S.C. ATF recognizes that the terms mental defective and alien are outdated, but are included in this document because they are the terms used in the relevant statutes and in the implementing regulations. 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? ATF National Services Center A change of control occurs when the licensed entity (e.g., XYZ, Inc.) remains intact but actual or legal control of the entity changes, directly or indirectly, by change of stock ownership or control, by operation of law, or in any other manner. The date of sale or other disposition of the firearm; and. (a) In the case of a corporation or association holding a license or permit under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation holding a license or permit or in any other corporation), by operation of law, or in any other manner, the licensee or permittee shall, within 30 days of the change, give written notification executed under the penalties of perjury, to the Chief, Federal Explosives Licensing Center. locations in 42 states. The GCA, 18 U.S.C. The transfer of a firearm to another FFL (including collectors when transferring a curio & relic firearm); The sale of a firearm to a law enforcement officer for official use if the transaction meets the specific requirements of 27 CFR 478.134 as discussed in the. If you arent sure who should be a responsible person or who must be, you should speak to an attorney who deals regularly with federal firearms licenses. Some States, known as point of contact (POC) States, conduct NICS background checks for some or all firearms transfers. In preparation to use the latest iteration of ATF Form 4473, NSSF encourages FFLs and, Expand your business. Martinsburg, West Virginia 25405 A firearm frame or receiver is not a rifle or shotgun and may not be sold or transferred to a person less than 21 years of age. However, if you maintain a commercial record of the acquisition, and the commercial record meets the requirements of 27 CFR 478.125(g), you may delay the recording of the acquisition information in your bound book for 7 days following the date of acquisition. We are not affiliated with the ATF or any government agency, and Our opinions are not binding upon any government agency. All attempts to check the validity of Type 03 and Type 06 licenses will result in an error message, even though the license may be valid. . You must also report the theft or loss to the appropriate local law enforcement agency. See frequently asked questions on FFL. Proof of registration would be on a Form 1 registering a firearm to its maker, Form 2 registering a firearm to an importer or manufacturer, or a Form 3, 4, or 5 showing registration of a firearm to a transferee. Applicable Laws and Regulations: 18 U.S.C. FFL eZ Check does not validate Type 03 (Collectors of Curios and Relics) and Type 06 (Manufacturer of Ammunition) licenses. Intentionally misleading an agency or public official may be punishable as a criminal offense and/or a civil fine/forfeiture. See also P. 177. Categories: Education, Featured, Retailers, WASHINGTON, D.C. Employees of companies that support NSSF, The Firearm Industry Trade Association, at the highest level may apply for education aid through theRead More, Dont Miss the May 8 Webinar with NSSF Consultant Dale Krupinski The mismanagement of range health and safety issues can be devastating to your employeesRead More, The first U.S. Senate-confirmed director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in seven years sat for a three-hour Judiciary Committee hearingRead More, 2023 National Shooting Sports Foundation, Inc. All Rights Reserved. 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.. Compliance inspections also serve to protect the public in that they promote voluntary internal controls to prevent and detect diversion of firearms from lawful commerce to the illegal market. Licensed manufacturers (Type 07 and Type 10 FFLs) are required to keep A&D records in accordance with 27 CFR 478.123. Contact the firearms dealer where you purchased the firearm. 922(g)(5)(B), states: It shall be unlawful for any personwho, being an alienexcept as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. FFL123 shall have the right to refuse or cancel any order(s), whether or not the order has been confirmed and Your credit card charged. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. 922(g), (y); 27 CFR 478.11, 478.29(a), 478.32, 478.99. From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm. 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. If the military member is acquiring a firearm in a State where his/her permanent duty station is located, but resides in a different State, then he/she must list both his/her permanent duty station address and residence address on the ATF Form 4473 (5300.9) under Current State of Residence and Address.. 923(i), and the NFA, 26 U.S.C. 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.. When Congress enacted the Safe Explosives Act (SEA), in 2002, it took ATFs historic interpretation and incorporated it into the explosives law. Please only submit ATF out-of-business records related to the firearms business. 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. The definition for a responsible person is found in the ATF regs at 27 CFR 555.11: Responsible person. Consider conducting a full firearms inventory on a regular basis. Martinsburg, WV 25405 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. ATFs Firearms Technology Industry Services Branch (FTISB) evaluates and responds to marking variance requests. 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. Martinsburg, WV 25405 ATF National Services Center The buyer can then take possession of the firearm from the licensee in the buyers State of residence. You may not operate as an FFL at a new address until you have received the amended license from ATF. This category only includes cookies that ensures basic functionalities and security features of the website. In the absence of such a designation, forward a completed copy of the form to the department of State police or State law enforcement agency that has jurisdiction over the place where the transaction(s) occurred. (special instructions from the ATF are here. We can help! This particular section of the regulations lays out the basic FFL requirements, as well as additional information on specific licenses (Curio and Relic, Manufacturing, etc.). Incomplete applications can create significant delays. for ), an estimated inspection timeframe, and information and resources needed to efficiently complete the inspection. A licensee may only document changes or corrections to the sections of the photocopied ATF Form 4473 completed by the licensee. See ATF Ruling 2001-5. ATF Form 3310.4 may be mailed, faxed, or emailed to the following: NTC ATF recommends that the fingerprint card be processed by an individual regularly accustomed to fingerprinting. is there any reason for me to add him as an RP, or is there even any benefit? Of course, the basics of setting up an FFL correctly are covered in our Get Your FFL course, and we dive into greater detail of ATF nuances in our ATF Compliance Course. b. Fax: (304) 260-3676 or (304) 260-3671 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). We cover how to manage RPs on an FFL in our ATF Compliance Course/Program. All changes should be initialed and dated. 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. 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. The photocopied page(s) containing any changes or corrections should be attached the original ATF Form 4473 and retained as a part of your records. You must terminate the transaction. The licensee must ensure each ATF Form 4473 is completed correctly in accordance with the instructions on the form. The purpose of ATFs firearms inspection program is to educate licensees about regulatory responsibilities and to evaluate the level of compliance. Choose people who have a vested interest in seeing your business succeed and are willing to take steps to ensure the preservation of your federal firearms license. We recommend that you refer to the most recent edition of ATF P 5300.5, State Laws and Published Ordinances Firearms for relevant State laws. When ATF does pursue revocation, the procedures specified under Title 27 of the Code of Federal Regulations, Part 478 (27 CFR 478), are followed. 921(b) applies only to members of the Armed Forces, not their spouses or other dependents. When adding a responsible person using Part B, you must include a signed written request from a current/existing responsible person of the licensee authorizing the addition of the new responsible person(s). 925(a)(1); 27 CFR 478.121, 478.122, 478.123, 478.125, and 478.134. Based on the evidence, testimony and exhibits presented at the hearing by the licensee and ATF, the DIO decides whether to continue with the revocation. (Whether that vagueness is intentional or unintentional, who knows?) Terms of use|Corporate Headquarters: FFL123.com // 4901 N 4th Ave, Sioux Falls, SD 57104 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. Licensees shall retain each ATF Form 4473 for a period of not less than 20 years after the date of sale or disposition. 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. How do I know if someone in my company is an RP? Applicable Laws and Regulations: 27 CFR 478.50(b), 478.125(f), 478.126a. Manufacturer (not required if manufactured by the licensee); Name and licensee number of the licensee to whom the firearm was transferred. Of course, the safe option is to submit Responsible Person forms for every trustee, but I am sure somebody will want to push the issue to learn just who is a Responsible Person when it comes to trustees. If youre a sole proprietor, you will be your own responsible person. If youre a partnership, youll probably have two persons. Retain a copy of the ATF Form 3310.11 as part of your records. One important way licensees can promote public safety is by educating customers. This is done by clicking the my profile tax, then the FFL / AECA / EIN Access tab. 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. This site uses Akismet to reduce spam. 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. GOVERNING LAW. It is vital that FFLs comply with all laws and regulations, both to protect their communities from violent crime and to maintain their license. TNVC/NGI Giveaway: 15 winners with over $7000 worth of prizes!! You covenant and agree that You will not: 8. In these cases, the licensee must comply with the requirements in 27 CFR 478.54. The delay sometimes becomes a secondary issue. One answer to that question is to exclude "Trust Protectors" from the definition of "Responsible Persons." A "Trust Protectors" is a person with high level checks on the trust and the trustees powers. In a partnership, each partner would be a responsible party. out how we can help you get licensed. AGREEMENT. The ATF will return applications to be updated if there is no responsible party listed. Anyone with management power of your business in regards to firearms is a responsible person., Note that you dont have to list persons who arent associated with firearms. If the ATF investigates and discovers that the "responsible person" quit last month, you may receive a violation. I believe it's 21. ATF will send you a renewal applicationATF Form 8 Part II, Federal Firearms Licensee (FFL) Renewal Application (ATF Form 8, Part II)approximately 90 days before the expiration date on your license. Email: MultipleLonggunSalesForms@atf.gov. Email: StolenFirearms@atf.gov. All rights reserved. All firearms that you acquire must be documented in your A&D record. If you recall ATF Form 7 (Application for a Federal Firearms License), responsible persons is defined in the instructions: A responsible person is: In the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management, policies, and practices of the corporation, partnership, or association, insofar as they pertain to firearms.. The submission address is: Federal Firearms Licensing Center We donot guarantee that You will ever make a profit. Licensed importers (Type 08 FFL) are required to keep A&D records in accordance with 27 CFR 478.122. Manufacturer records of manufacture or acquisition must be retained as permanent records. a. Examples of who may beconsidered a responsible person include settlors/grantors, trustees,partners, members, officers, directors, board members, or owners. There are some circumstances where the business owner wouldnt be listed as a responsible person on the FFL. The NFA, 26 U.S.C. I have a question regarding Responsible Persons that I'd appreciate if one of you FFL holders could take a minute to answer. Licensed importer and manufacturer records of sale or other disposition of firearms shall be retained for at least 20 years. All firearms manufactured in a single day shall be included in one Form 2 filed by the manufacturer by close of business the next day. Businesses change all the time. This happens often with multi-store operations where the manager left or was reassigned and the business never got around to adjusting their license. ATF IOIs routinely work with industry groups and individual licensees to promote compliance and reduce the likelihood of violations occurring that may result in revocation of a license or other administrative action. (c) Upon receipt of a report, the Chief, Federal Explosives Licensing Center, will conduct a background check, if appropriate, in accordance with 555.33. Transfer of a firearm to another FFL (including collectors when transferring a Curio & Relic firearm); The return of a repaired firearm to the person from whom it was received; The sale of a firearm to a law enforcement agency or to a law enforcement officer for official duties if the transaction meets the requirements of 27 CFR 478.134, discussed in the. LEGAL AND TAX ADVICE. You will need to request FFL Access first and after your FFL access is approved you will need to request EIN access. If you have any questions, please contact the NFA Division by email at NFA@atf.gov, by phone at (304) 616-4500, by Fax at (304) 616-4501 or by mail at ATF National Services Center, NFA Division, 244 Needy Road Martinsburg, WV 25405. FFLs, other than collectors, must give written notice to the Chief, FFLC, within 30 days after the sale or discontinuance of their firearms or ammunition business. Absentee owners are another example; their general managers would be considered responsible. A: A "responsible person" is defined as an individual who has the power to direct the management and policies of the Federal firearms license business entity. 923(d); 27 CFR 478.73, 478.104. While the GCA does not define willful, Federal courts have held that a willful violation of the GCAs regulations occurs when the FFL commits the violation with an intentional disregard of a known legal duty or with plain indifference to their legal obligations. Licensees may report new responsible persons by filing an ATF Form 7/7CR, Part B - Responsible Person Questionnaire (RPQ) with the Chief, FFLC. This website uses cookies to improve your experience while you navigate through the website. Therefore, I would put only my information in part b, correct? However, these sections also provide that ATF may authorize other means of identification (marking variance) upon receipt of a letter application from a licensed manufacturer or importer showing that such other identification is reasonable and will not hinder the effective administration of the law. By clicking "Accept" or using our website, you consent to the use of cookies unless you have disabled them. A person has given you reason to believe he or she is not the actual buyer or transferee, and the transaction must be stopped, if the person answers: No to the question on ATF Form 4473 (5300.9) that asks: You MAY NOT sell or otherwise dispose of a firearm or ammunition to any person you know or have reasonable cause to believe is prohibited from shipping, transporting, possessing or receiving a firearm. 244 Needy Road ATF National Services Center ); and. You are NOT required to conduct a NICS check in the following limited situations: NOTE: A licensee may not allow an individual who is a prohibited person to receive or possess firearms or ammunition, including persons employed by the licensee. Licensed collectors may dispose of curio or relic firearms to another licensee at any location and to unlicensed persons who reside in the licensed collectors State. You may make an over-the-counter sale of a rifle or shotgun to a non-resident of your State if the transaction complies with Federal law, as well as all the laws of your State and the laws of the buyers State. If the licensee has reason to doubt the validity of the official request, he or she should contact his or her local ATF office. 921(b); 27 CFR 478.11. 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. In the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management, policies, and practices of the corporation, partnership, or association, insofar as they pertain to firearms..

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