Instead of paying the application fee every time your business makes a change (which can be quite burdensome, depending on your FFL type), you can write to the ATF detailing your requested adjustments. Since the passage of the SEA, ATF has taken the position that the SEA definition also applies in the context of the Gun Control Act for a firearms business. 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. I am so confident that youll benefit from the FFL INSIDER REPORT, that I would like to present to you for FREE! ATF eForm 4 NFA Tax Stamp Walk-Through Guide These methods include issuing an ROV, sending a warning letter, and holding a warning conference (or meeting) with the industry member When an ATF inspection reveals that regulatory violations are the result of inadvertence or administrative mistakes, and are not recurring or threatening to public safety, ATF will work to assist the licensee in taking corrective actions to ensure those violations are not repeated and the licensee achieves full compliance. For additional information regarding the inspection process please go to Firearms Compliance Inspections | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov). The form must be accompanied by a current photograph of the responsible person(s) and fingerprints submitted on an FBI Fingerprint Card (FD-258). This means accounting for all firearms in inventory and properly disposing of firearms in accordance with Federal and State firearms laws. FFLs may transfer firearms to other FFLs (FFLs may not transfer a firearm other than a curio or relic to a Type 03 Collector of Curios and Relics FFL), including interstate transfers, without completing an ATF Form 4473 for these transactions. . Technically, responsible persons are designated on a case-by-case basis. Intentionally misleading an agency or public official may be punishable as a criminal offense and/or a civil fine/forfeiture. Ryan covers RPs in-depth in the FFL course, but this article covers the basics: RPs for FFL Guide 2022. To maximize public safety, ATF will, absent extraordinary circumstances, initiate proceedings to revoke the license of any dealer that has committed a willful regulatory violation of the Gun Control Act (GCA) for specified violations. Merting.) Ive had more than one client come to me because they got into trouble for not having people that should have been listed as an RP properly on their FFL. Always consult an attorney if you have questions along these lines. Email: StolenFirearms@atf.gov. However, anyone who submits ATF Form 3310.11 to the address listed on the form should also email the form to NFAStolen@atf.gov if the form contains any NFA firearms. Serial number of each complete firearm; and. 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. Youre protected by our 60-day money-back guarantee, Federal Firearms Regulations Reference Guide Updated for 2023, ATF Firearm Manufacture, Export, and Import Statistics [2017], Gun Trust Guide [2023] Everything You Need to Know about NFA Trusts, Responsible Person for FFL Guide [2023] ATF Requirements. 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. Save my name, email, and website in this browser for the next time I comment. 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. The ATF prefers that you list multiple people on the license. COMPLIANCE WITH LAW. In the first sentence, it is noteworthy to point out that employees are not included. 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. 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. We hear questions about RPs like: Well cover these questions in this Responsible Person Guide. 5841 generally requires each manufacturer to notify the NFA Division of the manufacture of a firearm. The responsible person becomes part of that FFL and can manufacture under that FFL just like an employee of that business can. The date of importation is the date the firearm is released from U.S. Customs custody. Once approved, it will be available on the ATF website (https://www.atf.gov/rules-and-regulations/firearms-rulings). If applying as a corporation, partnership, etc, you can add as many RP's as you want, but be aware an RP is "A responsible person is: In the case of a . 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. Please also see ATFs September 2013 FFL Newsletter, Sales to Law Enforcement, page 7, which states in part: A licensee may sell and ship firearms to a law enforcement agency anywhere within the United States. Compliance professionals will lead educational sessions that dive beyond the definition of an . You may also deliver your records to the ATF office that serves the area where your business was located. 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. 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. ATF National Services Center Getting An FFL: Right Of Entry And Examination, Exporting Firearms for Federal Firearms Licensees, FFL Compliance Inspections | Right of Entry and Examination | Warrantless Entry Prior to 12 Months Elapsing, Secret To Getting Approved For a Federal Firearms License, ATF Form 4473 Required When Transferring To FFL Corporate Officers. ); and. The NTC can only accept out-of-business records. 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.). 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. Under the final rule, it appears at first brush that mere ability to possess a firearm is not the determiner of a Responsible Person. Phone: (866) 662-2750. So, youre either thinking about getting your FFL, or you already have an FFL license and are curious about Responsible Persons (RPs). 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. Consequently, the courts have also held that a single willful violation of a GCA regulation is a sufficient basis for ATF to revoke an FFLs license. Email: MultipleHandgunSalesForms@atf.gov. Licensees may report new responsible persons by filing an ATF Form 7/7CR, Part B - Responsible Person Questionnaire (RPQ) with the Chief, FFLC. (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. To get an FFL you must: Be 21 years of age or older, A U.S. citizen or permanent legal resident, Able to legally possess firearms and ammo, Not have ever violated the Gun Control Act, and. Applicable Laws and Regulations: 18 U.S.C. 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. It is always preferable and ideally desirable for ATF to receive an application package which is complete to the greatest extent possible. Naturally, a responsible person should be responsible. Someone is technically an RP based on their role in the company (e.g. 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). Applicable Laws and Regulations: 27 CFR 478.22, 478.92(a)(4), 478.122(c), 487.123(c), 478.125(h), 479.102. Address of the person to whom transferred or license number if the person is a licensee. Firearms missing from inventory are among the most commonly cited GCA violations. Martinsburg, WV 25405 It is important that federally licensed firearms retailers ensure ATF is always informed of changes in the responsible person/s of record working at their store in the capacity of acquiring firearms, maintaining the firearms inventory, and keeping A&D records. Its your job to make sure that someone working at your business is listed on your license at all times. Order No. The form for adding an RP is ATF Form 7 (5310.12A). However, exceptions to the 922(g)(5)(B) prohibition are provided in the GCA, 18 U.S.C. The delay sometimes becomes a secondary issue. The reason for this is to make sure that the current responsible person/s are still employed by or associated with the retailer, as well as verifying that no newly named responsible persons have been added without being reported to ATF. 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). (c) Upon receipt of a report, the Chief, Federal Explosives Licensing Center, will conduct a background check, if appropriate, in accordance with 555.33. results or there is no fee. The documents you'll need to remove a responsible person from your single shot trust are: 1. At the close of the business day, document in the A&D Record the acquisition of each firearm acquired. To Obtain Assistance Regarding Your License: Contact your state firearms registration office if your state has one. We recommend that licensees attach the ATF Form 3310.12 to the back of the corresponding ATF Form 4473. If you find an error, contact the Chief, Federal Firearms Licensing Center (FFLC) and, if the error was on ATFs part, return the license to the FFLC along with a statement showing the nature of the error for correction. 923(d); 27 CFR 478.73, 478.104. 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. The definition for a responsible person is found in the ATF regs at 27 CFR 555.11: Responsible person. Listing "Responsible Persons" on Your Federal Firearms License Responsible Person for FFL Guide [2023] - ATF Requirements 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. You just need to write to the appropriate Federal Firearms Licensing Center (use this map to determine which is right for you). Licensees must retain required records in accordance with 27 CFR 478.129. 922(t); 27 CFR 478.102, 478.124, 478.131, 478.134. Even though we have the ATFs definition of a responsible person, its still pretty vague. Join us. 3608-2016. However, ATF suggests that the licensee retain an invoice or other receipt of such transaction to reflect the quantity and the description of the firearm(s), including type, manufacturer, model, caliber or gauge, and the serial number. Thankfully, no matter how [], HOW MUCH DOES IT COST INORDER TO ADD AN INDIVIDUAL AS A RP ON AN FFL. If you have questions regarding this matter, please contact the ATF OOB Records Center. 925(a)(1); 27 CFR 478.121, 478.122, 478.123, 478.125, and 478.134. The following terms and conditions shall apply to each Viewer of this Website: 2. 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. Applicable Laws and Regulations: 18 U.S.C. 1101(a)(26))); to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. Licensed dealers (Type 01 and Type 02 FFLs) must maintain on their licensed premises A&D records that document the acquisition and disposition of firearms. If violations are disclosed, the IOI will go over the final report of violations (ROV) during the inspection closing conference. n addition to providing the documentation of the existence of the trust or other legal entity (including a copy of the FFL license, if any), the applicant must electronically provide a photograph and completed ATF Form 5320.23, NFA Responsible Person Questionnaire (RPQ), for each responsible person (see definition 1.e on the instruction page . Also my son is 18, would he be able to sell and be a responsible person? Have a place to conduct your firearms business. Licensed collectors are not required to submit records. A similar scenario sometimes occurs when a retailer has a second location in another city. Here's an explanation of responsible persons. In multi-store franchise situations, the store owners are often responsible persons on their own licenses, but the corporate managers are not. We also use third-party cookies that help us analyze and understand how you use this website. Therefore it could take a year or more to determine if a properly drafted trust will allow for Possessory Trustees who can use the firearms but not guide the trust. The user needs the first 3 digits and the last 5 digits of the FFL being verified. 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. This transaction is considered a transfer and must meet the following conditions: Applicable Laws and Regulations: 18 U.S.C. A final rule to implement certain provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 amends the regulations in title 27, Code of Federal Regulations (CFR), part 478. In the event FFL123 is successful in the arbitration or any litigation, it shall be awarded its reasonable costs, expenses and attorney fees. 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 purpose of ATFs firearms inspection program is to educate licensees about regulatory responsibilities and to evaluate the level of compliance. DISPUTES. The Form 7 / 7 CR itself only has space for one (1) RPs information; all additional RPs must complete and submit this form supplement. The loan or rental of a firearm for use away from your licensed premises; or. The sale or other disposition of imported firearms to other licensees shall be recorded not later than the seventh day following the transaction. Martinsburg, WV 25405 a. ATF recommends that the fingerprint card be processed by an individual regularly accustomed to fingerprinting. 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). See also P. 177. Licensed importers and manufacturers must maintain permanent records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A. Applicable Laws and Regulations: 27 CFR 478.92, 478.123, 478.129. 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. (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. ATF National Services Center j. Federal law requires that licensees conduct a National Instant Criminal Background Check System (NICS) background check for every transfer of a firearm to a non-licensee unless the transferee qualifies for one of the exceptions listed in 18 U.S.C. Being that a trust is not a person but an entity. Use of this Website is not intended to and doesnot create jurisdiction in any state or country other than South Dakota of the United States of America. The commercial record must be (1) maintained by the licensee separated from other commercial documents maintained by such licensee and (2) readily available for inspection at the licensed premises. Later, ATF will provide the licensee with a physical or digital copy of the signed ROV. Licensed collectors must maintain A&D records. Customer includes any individual or entity that purchases any product or service from FFL123, or any individual or entity that emails Us any questions. Note: Licensees can only deliver a firearm to the person listed as the transferee on the ATF Form 4473 and NOT a spouse, relative, or other representative of that person. The determination as to who shall be included as a RP is in effect made by ATF.

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