Licensing Questions

  1. Who can get a license?
  2. How does one get a license?
  3. May one license cover several locations?
  4. Does an importer or manufacturer of firearms also need a dealer’s license?
  5. If a person timely files an application for renewal of a license and the present license expires prior to receipt of the new license, may the person continue to conduct the business covered by the expired license?
  6. Must a licensed importer’s, manufacturer’s, or dealer’s records be surrendered to ATF if the licensee discontinues business?
  7. What records am I required to forward to ATF upon discontinuance of my business?
  8. May a successor owner of a business entity, other than one who is a successor under the provisions of 27 CFR 478.56 (for example, the surviving spouse or child, or a receiver or trustee in bankruptcy), commence a firearms business prior to receiving a Federal firearms license in the successor’s name?
  9. Does a Federal firearms license allow the licensee to carry a firearm in the course of business?
  10. May a person obtain a dealer’s license to engage in business only at gun shows?
  11. May a licensee change the location of the licensed business or activity?
  12. Are black powder dealers required to be licensed as ammunition dealers under the GCA?
Q: Who can get a license?

ATF will approve the application if the applicant:

  • Is 21 years of age or older;
  • Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition;
  • Has not willfully violated the GCA or its regulations;
  • Has not willfully failed to disclose material information or willfully made false statements concerning material facts in connection with his application;
  • Has premises for conducting business or collecting; and
  • The applicant certifies that:
    1. the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located;
    2. within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business;
    3. the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met;
    4. the applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and
    5. secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).

[18 U.S.C. 923(d)(1), 27 CFR 478.47(b)]

Q: How does one get a license?

Submit ATF Form 7 (5310.12), Application for License, or ATF Form 7CR (5310.16), Application for License (Collector of Curios or Relics), with the appropriate fee in accordance with the instructions on the form to ATF. These forms may be obtained from the ATF Distribution Center or your local ATF office.

[18 U.S.C. 923, 27 CFR 478.44 and 478.45]

Q: May one license cover several locations?

No. A separate license must be obtained for each location. However, storage facilities are not required to be covered by a separate license, although 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]

Q: Does an importer or manufacturer of firearms also need a dealer’s license?

No, as long as the importer or manufacturer is engaged in the business of dealing in firearms at the licensed premises in the same type of firearms authorized by the importer’s or manufacturer’s license.

[27 CFR 478.41(b)]

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

Yes. A person who timely files an application for renewal of a license may continue operations authorized by the expired license until the application is finally acted upon. An application is timely filed when it is received accurate and completed at the P.O. Box listed on the application form with the appropriate renewal fee.

If a person does not timely file a license renewal application and the license expires, the person must file ATF Form 7 (5310.12), Application for License, or an ATF Form 7CR (5310.16), 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]

Q: Must a licensed importer’s, manufacturer’s, or dealer’s records be surrendered to ATF if the licensee discontinues business?

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

Bureau of Alcohol, Tobacco, Firearms and Explosives
National Tracing Center
ATF / Out of Business Records Center
244 Needy Road
Martinsburg, West Virginia 25405 USA
Voice 1-800-788-7133 x 1590

Failure to surrender required records is a felony and could result in the licensee being fined up to $250,000, imprisoned up to 5 years, or both. A licensee discontinuing business also must notify the Federal Firearms Licensing Center within 30 days.

If someone is taking over the business, the original licensee should 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 or her 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.

[18 U.S.C. 923(g)(4), 22 CFR 478.57, 27 CFR 478.127]

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

The records consist of the licensee’s bound acquisition/disposition (A/D) records, ATF Forms 4473, ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers), ATF Forms 3310.11 (Federal Firearms Licensee Theft/Loss Report), records of transactions in semiautomatic assault weapons, records of importation (ATF Forms 6 and 6A), and law enforcement certification letters. If the licensee was granted a variance to use a computerized record-keeping system, the licensee is required to provide a complete printout of the entire A/D records.

[27 CFR 478.127]

Q: May a successor owner of a business entity, other than one who is a successor under the provisions of 27 CFR 478.56 (for example, the surviving spouse or child, or a receiver or trustee in bankruptcy), commence a firearms business prior to receiving a Federal firearms license in the successor’s name?

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]

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

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.

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

No. A license may only be issued for a permanent premises at which the license 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)]

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

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 license includes a certification of compliance with State and local laws and notification of local law enforcement officials.

[27 CFR 478.52]

Q: Are black powder dealers required to be licensed as ammunition dealers under the GCA?

No. However, black powder dealers are subject to the provisions of 27 CFR Part 555, Commerce in Explosives, which requires that a dealer in any quantity of black powder must have a license as a dealer.

[18 U.S.C. 842]