Licensing
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How does one get a license?

May one license cover several locations?

Does an importer or manufacturer of firearms also need a dealer's license?

If a person timely files an application for renewal of his license and his present license expires prior to receipt of the new license, may he continue to conduct the business covered by his expired license?

Must a licensee's records be surrendered to ATF if the licensee discontinues his business?

What records am I required to forward to ATF upon discontinuance of my business?

May a successor owner of a business entity, other than one who is a successor under the provisions of 27 CFR 478.56 (Right of succession by certain persons, i.e. the surviving spouse or child, or a receiver or trustee in bankruptcy), commence a firearms business prior to receiving a Federal firearms license in his name?

Does a Federal firearms license allow the licensee to carry a firearm in the course of business?

May a person obtain a dealer's license to engage in business only at gun shows?

May a licensee change the location of his licensed business or activity?


How does one get a license? [Top]

Submit ATF Form 7, Application for License, or ATF Form 7CR, Application for License (Collector of Curios or Relics), with the appropriate fee in accordance with the instructions on the form. These forms may be obtained from the ATF Distribution Center by calling 703-455-7801 or by visiting the web site located at: http://www.atf.gov/forms/index.htm.

[18 U.S.C. 923, 27 CFR 478.44]

May one license cover several locations? [Top]

No. A separate license must be obtained for each location. Storage facilities are not required to be covered by a separate license. However, the records maintained on licensed premises must reflect all firearms held in the separate storage facility. Firearms may be shipped directly to separate storage facilities as long as they are properly recorded as an acquisition in the licensee's records.

[27 CFR 478.50]

Does an importer or manufacturer of firearms also need a dealer's license? [Top]

No, as long as he is engaged in business at his licensed premises in the same type of firearms authorized by his license.

[27 CFR 478.41(b)]

If a person timely files an application for renewal of his license and his present license expires prior to receipt of the new license, may he continue to conduct the business covered by his expired license? [Top]

Yes. A person who timely files an application for renewal of his license may continue operations authorized by his expired license until his application is finally acted upon. An application is timely filed when it is post marked prior to the expiration date of the license.

If a person does not timely file an application for the renewal of his license and his license expires, he must file ATF Form 7, Application for License, or an ATF Form 7CR, Application for License (Collector of Curios or Relics), as required by 27 CFR 478.44, submit the application fee applicable to a new business, and obtain the required license before continuing business activity.

[27 CFR 478.45]

Must a licensee's records be surrendered to ATF if the licensee discontinues his business? [Top]

If the business is being discontinued completely, the licensed dealer, manufacturer or importer is required, within 30 days, to forward his records to the following address:

ATF Out-of-Business Records Center
244 Needy Road
Martinsburg, WV 25401
1(800) 788-7133, x204

Failure to surrender your required records is a felony and could result in the licensee being fined up to $250,000, imprisoned up to five years, or both. A licensee discontinuing business must immediately notify the Federal Firearms Licensing Center in Atlanta, Georgia.

If someone is taking over the business, the original licensee will underline the final entry in each bound book, note the date of transfer, and forward all records and forms to the successor (who must apply for and receive his own license before lawfully engaging in business) or forward the records and forms to the ATF Out-of-Business Records Center. If the successor licensee receives records and forms from the original licensee, the successor licensee may choose to forward these records and forms to the ATF Out-of-Business Record Center. The successor licensee will begin business with a new set of records reflecting any beginning inventory on hand.

[18 U. S. C. 923(g)(4), 27 CFR 478.127]

What records am I required to forward to ATF upon discontinuance of my business? [Top]

The records consist of the licensee's bound acquisition/disposition (A/D) records, ATF Forms 4473, ATF Forms 5300.35 (the Brady forms), ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers), and records of transactions in semiautomatic assault weapons. If the licensee was granted a variance to use a computerized recordkeeping system, the licensee is required to provide a complete print-out of his entire A/D records, and an ASCII tet file (conforming to common industry standards) along with a file description.

[27 CFR 478.127]

May a successor owner of a business entity, other than one who is a successor under the provisions of 27 CFR 478.56 (Right of succession by certain persons, i.e., the surviving spouse or child, or a receiver or trustee in bankruptcy), commence a firearms business prior to receiving a Federal firearms license in his name? [Top]

No. Each person intending to engage in business as a firearms dealer, importer or manufacturer or an ammunition importer or manufacturer must obtain the required Federal firearms license prior to commencing business.

[27 CFR 478.41]

Does a Federal firearms license allow the licensee to carry a firearm in the course of business? [Top]

No. A Federal firearms license confers no right or privilege to carry a firearm, concealed or otherwise. Permits to carry are issued by State or local authorities.

[27 CFR 478.58]

May a person obtain a dealer's license to engage in business only at gun shows? [Top]

No. A license may only be issued for a permanent premises at which the licensed applicant intends to do business. A person having such license may conduct business at gun shows located in the State in which the licensed premises is located and sell and deliver curio or relic firearms to other licensees at any location.

[18 U.S.C. 923(a) and (j)]

May a licensee change the location of his licensed business or activity? [Top]

Yes. To change your location, you must file an application for an amended license, ATF Form 5300.38 not less than 30 days prior to the move. You must obtain the amended license before commencing business at the new location. The application for an amended federal firearms license should be completed in its entirety and is applicable to dealers, manufacturers, importers and collectors of curios and relics. The form can be obtained by calling the ATF Distribution Center at (703) 455-7801 or visiting the web site located at: http://www.atf.gov/forms/index.htm.

[27 CFR 478.52]


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