Whoever has authority over firearms in the business also has responsibility, as far as the ATF is concerned. The ATF Form 2 states, [t]he undersigned hereby serves notice of the manufacture, reactivation, or importation of firearms as required by 5841 of the National Firearms Act, Title 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.. Possessory Trustees, can possess NFA firearms, not control the management and policies of the trust, and therefore not be a responsible person. An ATF Form 4473 must be completed when you: Note: You may only transfer a firearm to the person who completed the ATF Form 4473 and NOT to a spouse, relative, or other representative of that person. 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. Reconcile all inventory, to include NFA firearms, prior to submission of records to the OOBRC. 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. ATF recognizes that the terms mental defective and alien are outdated, but are included in this document because they are the terms used in the relevant statutes and in the implementing regulations. Federal Firearms Licensee Quick Reference and Best Practices Guide 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. Have a place to conduct your firearms business. It is always preferable and ideally desirable for ATF to receive an application package which is complete to the greatest extent possible. The NFA, corresponding regulations, and the ATF Form 2 only permit the registration of firearms manufactured, reactivated, or imported. Consider setting aside in a centralized location documentation for each days firearms taken into your business. ATF, however, may contact a licensee at any time with respect to records maintained by the licensee that relate to a firearm involved in a criminal investigation. March 24, 2022By Brandon Maddox Last Updated: August 11, 2022 Gun trusts are a very popular option for suppressor ownership because of their ease of use and flexible options. 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. The link here contains the names, telephone numbers, and state assignments of the FFLC Legal Instruments Examiners. 921(b) applies only to members of the Armed Forces, not their spouses or other dependents. Form 7(5310.12A)-7CR(5310.16) - Responsible Person Questionnaire 6. ATF Ruling 2011-1 authorizes licensed importers to consolidate their records of importation or other acquisition of firearms and their separate firearms disposition records, provided all the requirements of the ruling are met. If your mailing address changes:You should notify ATF as soon as possible by sending a letter advising of the new mailing address to: Chief, FFLC If a suppressor is held in a trust, then multiple people can legally possess and use the suppressor. 555.57 Change of control, change in responsible persons, and change of employees. 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. A new application may be required if the error was on the part of the applicant. The military dependent must have the necessary document or combination of government-issued documents proving residency in the State in which he/she resides. You may lose money even if You follow Our guide and even if You receive an ATF license for Your firearms business. (Please also call FFLC and the National Tracing Center (NTC) at 1-800-788-7133 should you no longer wish to be licensed. 18 U.S.C. The only thing the law embraces is legally making a "person" responsible. Gun laws and regulations can be confusing. Ruling 2001-5 allows a buyer to be identified by any combination of valid government-issued documents which together contain all of the required information: name, residence address, photograph, and date of birth. ATF is generally limited to the inspection of a licensee not more than once during any 12-month period. You MAY NOT sell or otherwise dispose of a firearm to a person other than the actual buyer or transferee. 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. Copyright 1996-2023 AR15.COM LLC. You must not transfer a firearm to any person who provides information on an ATF Form 4473 or other required record that you know is false or have reason to believe is false. Starting any new business involves legal and tax questions, and You agree that Our products, communications We transmit or make available to You, or information on Our Website are NOT legal or tax advice. 14. Retain a copy of the ATF Form 3310.11 as part of your records. This category only includes cookies that ensures basic functionalities and security features of the website. A licensee needing to verify the validity of a Type 03 or Type 06 license may contact ATFs FFLC at 1-866-662-2750. Licensees must accurately complete all sections of each ATF Form 4473 (5300.9) under the heading: Must Be Completed By Transferor/Seller. Licensees must also complete ATF Form 4473 Firearms Transaction Record Continuation Sheet (5300.9A) if more than three firearms are involved in a single transaction. The purpose of ATFs firearms inspection program is to educate licensees about regulatory responsibilities and to evaluate the level of compliance. GOVERNING LAW. Licensees who ship with the United States Postal System (USPS) should ship via first class in order to protect their customers PII. Room 6N-518 922(t)(3) (See ATFs. RocketFFL provides step-by-step online guides to help you get your Federal Firearms License (FFL) and become a Special Occupational Taxpayer (SOT). Any responsible person can add another responsible person to the license. PRIVATE ENTITY. If violations are disclosed, the IOI will go over the final report of violations (ROV) during the inspection closing conference. Click to email a link to a friend (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on LinkedIn (Opens in new window). The disposition of each firearm to the agency must be entered into the licensees acquisition and disposition (A&D) record. The best way to protect yourself and your business is to be as educated as possible. Each licensed manufacturer shall include the following in their A&D records for each firearm acquired: Each licensed manufacturer shall include the following in the A&D record for each disposition of a firearm to another licensee: Each licensed manufacturer shall include the following in a separate A&D record for each disposition of a firearm to a non-licensee: The required acquisition information for each firearm manufactured or otherwise acquired shall be recorded not later than the seventh day following such manufacture or other acquisition. Someone is technically an RP based on their role in the company (e.g. These cookies do not store any personal information. a. See ATFs Learn About Firearms Safety and Security for more information. The sender/transferor FFL shall report the theft or loss by calling 1-888-930-9275 and by preparing and submitting an original ATF Form 3310.11 to ATF as indicated on the form instructions. The definition might sound fancy, but essentially a responsible person on the FFL is just someone one who has authority to change the license, receive information from the ATF regarding the license, and apply for renewal of the license. Either way, don't fret. 921(b); 27 CFR 478.11. A sample A&D record is located at the end of this guide for your reference. . ATF may ask the applicant to submit in writing, a detailed explanation of the duties of the person in question so they can make a determination. g. If We respond to an email that You send to Us, that response is subject to these Terms and Conditions and it is not legal or tax advice. This is sim, Summary: A gun trust is a legal entity that has special rules and provisions built into it t, The simple answer is yes, it is 100% legal to buy, sell, and make armor-piercing ammunition, reviewed by nra national rifle association ffl123. The ATF Form 2 notification should not be submitted prior to the making of the NFA firearm. Who's Your Responsible Person? - Robert K. Merting - Attorney at Law Otherwise transfer or dispose of a firearm to a non-licensed person. 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). Also, the definition seems to be somewhat ambiguous. A nonimmigrant alien admitted to the United States under other than a nonimmigrant visa (e.g., Visa Waiver Program) may acquire or possess a firearm or ammunition in the United States and is not required to meet one of the aforementioned 922(y)(2) exceptions, provided he/she is not prohibited from shipping, transporting, receiving, or possessing firearms or ammunition in the U.S. and he/she complies with all applicable Federal, State and local laws. may qualify as Responsible Persons under the law. The IOI may ask specific detailed questions regarding the activities of the particular corporate officer. When Congress enacted the Safe Explosives Act (SEA), in 2002, it took ATFs historic interpretation and incorporated it into the explosives law. All responsible persons are required to submit background information to the ATF and have their fingerprints processed. Licensees may also use multiple form pages, in lieu of a separate sheet, to account for additional firearms. 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. Missing firearms also have a direct impact on public safety. Ryan covers RPs in-depth in the FFL course, but this article covers the basics: RPs for FFL Guide 2022. 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. The form for adding an RP is ATF Form 7 (5310.12A). However, if a military member maintains a home in one State and has a permanent duty station in another State to which he or she commutes each day, the military member is a resident of both states and may purchase a firearm in either State. Certainly there are times when employees would be Responsible Persons. However, there are many others when they would not. 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. If youre a sole proprietor, you will be your own responsible person. If youre a partnership, youll probably have two persons. b. The GCA, section 922(m), also makes it unlawful for a licensee to knowingly fail to make appropriate entry in, or properly maintain, a required record. Using the words indirectly and phrases such as power to direct or cause the direction, leaves lots of room for interpretation of who exactly will fall under the definition. 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. All changes should be initialed and dated. A person has given you reason to believe he or she is prohibited, and the transaction must be stopped, if the person answers: Yes to a question on the ATF Form 4473 (5300.9) that asks: Yes to the question on the ATF Form 4473 (5300.9) that asks: No to the question on the ATF Form 4473 (5300.9) that asks: You MAY NOT sell or transfer a firearm or ammunition to persons prohibited from receiving or possessing firearms or ammunition as described below. Each licensee must ensure compliance with all applicable Federal and State laws. a. Applicants for a Federal Firearms License must indicate all Responsible Persons (RP) on the ATF Form 7 (Application for a Federal Firearms License). However, licensees may not use the NICS system for these checks. Wait and see is the best advice of the day. 11. Contrary to popular belief, it is perfectly legal for a law-abiding citizen of the United States to own/possess a machine gun (sometimes called a full-auto firearm or automatic weapon). 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. This is in keeping with the definition of responsible person for Federal Firearm Licensees and would exclude employees who cannot control a company. 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. Terms of use|Corporate Headquarters: FFL123.com // 4901 N 4th Ave, Sioux Falls, SD 57104 This is a narrowing of the proposed definition which included any individual who possessed the power or authority . All Rights Reserved. The firearm must be for use within the scope of employment of the government personnel. 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. From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm. In general, a RP is a person who has authority with respect to the daily activity of the firearms business. 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. d. FFL123 Marks shall have the meaning ascribedtoit in Section13(c). Absentee owners are another example; their general managers would be considered responsible. Your request should be sent via email to fipb@atf.gov or via mail to: Chief, Firearms Industry Programs Branch Licensed manufacturers (Type 07 and Type 10 FFLs) are required to keep A&D records in accordance with 27 CFR 478.123. To learn more about firearms laws and regulations, as well as safety and security recommendations, we encourage FFLs to read the following publications found online at www.atf.gov: This guide examines a list of the most common issues observed by ATF IOIs during ATF inspections. 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. FFL eZ Check does not validate Type 03 (Collectors of Curios and Relics) and Type 06 (Manufacturer of Ammunition) licenses. The Gun Control Act of 1968 (GCA), codified at 18 U.S.C. How do You add a Responsible Person to an FFL? You covenant and agree that You will not: 8. Applicable Laws and Regulations: 18 U.S.C. 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. DISPUTES. This means accounting for all firearms in inventory and properly disposing of firearms in accordance with Federal and State firearms laws. If someone is an RP based on their role, and NOT listed as an RP on the FFL, then you can get into significant trouble with the ATF. ATF does not take reports of stolen firearms from private citizens. So long as You agree to these Terms and Conditions, We grant You a limited non exclusive, non transferable personal license to access the public content on this Website. 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. 922(d); 27 CFR 478.21, 478.99. The link herecontains the names, telephone numbers, and state assignments of the FFLC Legal Instruments Examiners. FFL License Requirements | Responsible Persons 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. Consider conducting a full firearms inventory on a regular basis. In these instances, the following procedures must be followed: Licensees should take advantage of FFL eZ Check before transferring firearms to another licensee. Form to Remove a Supporting Trustee from the Trust. ATF may enter the premises and places of storage of any licensed manufacturer, licensed importer, licensed dealer, or licensed collector during business hours for the purposes of inspecting or examining the records, documents, ammunition and firearms and to ensure compliance with GCA recordkeeping requirements. If they are purchasing a firearm as an individual, they will still have to satisfy the background check requirements. (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. TITLES. Its your job to make sure that someone working at your business is listed on your license at all times. Your license must be posted on the premises covered by the license and readily available for inspection by any ATF officer (27 CFR 478.91). You just need to write to the appropriate Federal Firearms Licensing Center (use this map to determine which is right for you). Martinsburg, WV 25405 The licensee must provide all of the identifying information for the new responsible person(s) as required on ATF Form 7/7CR. The responsible persons line on ATF Form 7 (your FFL application) can be a bit confusing. While relatively few FFLs engage in such conduct, the negative effect that willful violations have on public safety can be immense. If the ATF investigates and discovers that the responsible person quit last month, you may receive a violation. At this time, We do not provide any method of sending Us private or confidential electronic communications. Maybe you just bought a firearm online, or you need to ship a gun, and youre wondering how to transfer it. Fax: 1-877-283-0288 The name and address or the name and the license number (FFL) of the person from whom you received the firearm; The name of the manufacturer and importer (if any) of the firearm; The type of firearm (pistol, revolver, rifle, shotgun, receiver, frame, etc. 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. A licensed collector has the same status as a non-licensee in any transaction involving firearms other than curios and relics. If You submit information or a request through Our Website, or send Us an email, You grant permission for FFL123 to contact You at Youre-mail address. Anexample of who may be excluded from this definition of responsibleperson is the beneficiary of a trust, if the beneficiary does not havethe capability to exercise the powers or authorities enumerated in thissection. In some respects, federal firearms licenses are fluid documents that can be changed depending on the growth of your business. A NICS check MUST be conducted before: Failure to conduct a background check has a significant impact on public safety. 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. Always consult an attorney if you have questions along these lines. What are the ATF requirements for Responsible Persons? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I operate my FFL business online, at gun shows and operations in several states. The guy behind the counter is not a responsible person under that businesses FFL. For example, a borrower . Box 6200-20 ); and. The regulation also requires each manufacturer, importer, and dealer in NFA firearms to maintain the records of the acquisition and disposition of firearms required by GCA regulations in 27 CFR Part 478, Subpart H as outlined above. Companies are bought and sold. You may not operate as an FFL at a new address until you have received the amended license from ATF. Larger companies with multiple divisions and corporate officers would have to list all of them, even if they had nothing to do with firearms. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 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. Bureau of Alcohol, Tobacco, Firearms and Explosives, Form 4473 - Firearms Transaction Record Revisions, Import Firearms, Ammunition and Implements of War, Receive Imported Firearms, Ammunition and Implements of War, Discontinue Being a Federal Firearms Licensee (FFL), Download the Firearms Industry Newsletter, Imports, Variances, Stamps & Verification Guides, Safety and Security for Firearm Owners (ATF P 5300.22), Application for Federal Firearms License, ATF Form 7/7CR (5310.12/5310.16), Part B - Responsible Person Questionnaire, Firearms Compliance Inspections | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov), Revocation of Firearms Licenses | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov), Firearms Transaction Record, ATF Form 4473, Firearms Transaction Record Continuation Sheet, https://www.atf.gov/rules-and-regulations/firearms-rulings, National Instant Criminal Background Check System, Firearms Technology Industry Services Branch, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, ATFForm 3310.4, Report of Multiple Sale or Other Disposition of Certain Rifles, ATF Form 3310.12, Federal Firearms Licensee Firearms Inventory Theft/Loss Report, ATF Form 3310.11, www.atf.gov/distribution-center-order-form, Reviewing business operations, including ownership and responsible person information, Evaluation of the licensees internal controls and security measures, Verification that licensee is in compliance with state and local laws, Reviewing the acquisition & disposition (A&D) record, also known as the, Suggesting voluntary actions or steps the licensee can take to improve compliance, Transferring a firearm to a prohibited person, Failing to conduct a required background check, Falsifying records, such as a firearms transaction form, Refusing to permit ATF to conduct an inspection, Maintain records needed for successful firearms tracing. A responsible person is someone who has the authority to direct and control firearm operations for an FFL. COMPLIANCE WITH LAW. ATF encourages licensees to implement safety and security measures to prevent the theft or loss of any firearm which includes alarm and video surveillance systems. We cover all of this in our courses. Applicable Laws and Regulations:27 CFR 478.45, 478.49, 478.50. 3608-2016, the ATF places emphasis on the power and authority to direct the management and policies of the entity insofar as they pertain to firearms. (P. 4. Manufacturer records of manufacture or acquisition must be retained as permanent records. All firearms manufactured, to include completed weapons and frames or receivers which are to be sold, shipped, or otherwise disposed of, must be marked pursuant to 27 CFR 478.92 and recorded. b. We would be applying for the FFL License. The date of sale or other disposition of the firearm; and. It is mandatory to procure user consent prior to running these cookies on your website. ATF National Services Center Further, in order to receive the firearm, the nonimmigrant alien must meet state of residency requirements pursuant to 27 CFR 478.29a. A few examples are sole proprietor, partnership, and LLC. 922(t)(5). Compliance inspections are conducted by ATFs industry operations investigators (IOIs). Therefore, it is again not clear that a person who does not meet the extended definition for a trust, but meets the basic definition for all entities, would not be included as a Responsible Person., Almost as in recognition of this confusion, the ATF continues their definition with examples of who is, and is not, a Responsible Person.. If there is no successor, all licensees, other than collectors, MUST deliver all of their firearms records within 30 days of absolute discontinuance of the firearms business to: NTC While relatively few FFLs engage in such conduct, the negative effect that willful violations have on public safety can be immense. Viewer acknowledges and agrees that all information contained on this Website is deemed published when first posted to Our web server. 4. 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). MISREPRESENTATIONS. This certified copy may be mailed, emailed, or faxed. In most FFL applications, only the owner, and not the employees, are Responsible Persons. 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. 922(t); 27 CFR 478.102, 478.124, 478.131, 478.134. In the case of a firearm that is lost or stolen in transit, the sender/transferor FFL must report the theft or loss to ATF and to the appropriate local authorities within 48 hours after the transferor/sender FFL discovers the theft or loss of the firearm. Licensees must retain required records in accordance with 27 CFR 478.129. With every purchase we include amendments to your NFA Gun Trust that you can use to remove a responsible person from your NFA Gun Trust. Hello , Question how do you remove a responsible person from an FFL ? More people being responsible means a higher likelihood of compliance and communication with the bureau. 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.. If you file your renewal before the license expiration date, you may continue to operate until you receive your new license. 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). Active duty military members may satisfy the identification document requirement by presenting his or her permanent change of station (PCS) orders showing the military members permanent duty station along with his or her military identification card. I do realize that any manufacturing would require an upgrade to 07 FFL but for right now. You will need to use our co-trustee removal amendment and add the co-trustee, a.k.a. 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. No matter who you decide to declare as a responsible party, you need to make sure you declare at least one person.
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