Licensees do not need to complete ATF Form 3310.4 or ATF Form 3310.12 for the return of multiple handguns or rifles to the same person from whom they were received such as the return of multiple consignment, pawned, or repaired firearms. MISREPRESENTATIONS. Washington, DC 20226. A Responsible Person (RP) is someone who has the authority and power to direct firearm compliance decisions and operations for an FFL. If you decide to set up a LLC, its usually the managers in the LLC who are listed as responsible parties. The GCA, section 922(m) and 924(a)(3)(A), make it unlawful for a licensee to knowingly make a false statement or representation with respect to any record or form required to be maintained by a licensee. This certified copy may be mailed, emailed, or faxed. Please see the instructions on the ATF Form 4473 (5300.9) for applicable definitions and/or possible exceptions. Learn how your comment data is processed. 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. AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types. Email: fflc@atf.gov, To Receive ATF Forms and Publications: Responsible Persons NSSF Listing "Responsible Persons" on Your Federal Firearms License Please only submit ATF out-of-business records related to the firearms business. A licensee needing to verify the validity of a Type 03 or Type 06 license may contact ATFs FFLC at 1-866-662-2750. To determine who you might wish to be a responsible party on your FFL license, you must first determine how you are going to set up your FFL license. Always consult an attorney if you have questions along these lines. The GCA, 18 U.S.C. Companies are bought and sold. 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 supplemental Part B of the ATF Form 7 / 7 CR (F 5310.12/F 5310.16), Application for Federal Firearms License, is required to be completed by each Responsible Person (RP) who will be on a new federal firearms license (FFL). 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. 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 required acquisition information must be recorded in your A&D record no later than the close of the next business day following the date of acquisition. 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. Also my son is 18, would he be able to sell and be a responsible person? out how we can help you get licensed. If my husband and I are doing this together, should we do a partnership? 922(t)(5). ATF is generally limited to the inspection of a licensee not more than once during any 12-month period. Applicable Laws and Regulations: 27 CFR 478.71, 478.121, 478.129, 479.71, 479.88, 479.101, 479.103, and 479.131. Within 60 days of receipt of the final notice of revocation, the licensee may file a petition for judicial review in federal court. It may be beneficial to look at the problem from the perspective of authority and responsibility. Inspections are generally unannounced, occur during the licensees business hours, and may also include an inspection of off-site storage locations, if any. 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.). 555.57 Change of control, change in responsible persons, and change of employees. b. A collectors license does not entitle the holder to engage in the business of dealing in firearms, including dealing in curio or relic firearms. The opening conference will provide the licensee an explanation of the inspection process, the generally intended scope (application inspection, compliance inspection, etc. This site uses Akismet to reduce spam. 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. ATF publishes a variety of literature that FFLs can furnish to customers to help them better understand their legal obligations as firearms owners, as well as practical steps they can take to help keep firearms out of the hands of prohibited persons and facilitate the safe storage of firearms. So, youre either thinking about getting your FFL, or you already have an FFL license and are curious about Responsible Persons (RPs). relations manager for NSSF, Vice President of Remington Outdoor Company, and a SAAMI voting board member). In the draft of the final rule released by the Attorney General, AG Order No. Further, the rule makes clear that a notice of revocation of a Federal firearms license may be issued whenever the ATF Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee). Larger companies with multiple divisions and corporate officers would have to list all of them, even if they had nothing to do with firearms. A buyer or transferee may only make changes or corrections on the photocopy to the sections of the form completed by the buyer/transferee. An individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. There are no restrictions as to the purchasing law enforcement officers State of residence or agency location. COMPLIANCE WITH LAW. Licensees, other than licensed importers and licensed manufacturers, may deliver to ATF those records older than 20 years that they no longer wish to maintain. Please do NOT submit firearms, firearms parts, ammunition, currency, State firearms records, etc. This petition must be filed with the U.S. District Court for the district where the licensee resides or has their principal place of business. 922(a); 27 CFR 478.93, 478.94, 478.95, 478.122, 478.123, and 478.125. The licensee is not required to complete any paperwork for the transaction outside of recording the disposition in the A&D record. We also use third-party cookies that help us analyze and understand how you use this website. Consider conducting a full firearms inventory on a regular basis. 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 . I believe it's 21. However, pursuant to 27 CFR 478.126a, licensed collectors must report to ATF on ATF Form 3310.4 any sale or transfer of two or more pistols, revolvers, or any combination of pistols and revolvers totaling two or more to an unlicensed individual. Viewer understandsand agrees not to use this Website if Viewer deem selectronic communication as consent to jurisdiction in any other state or country. 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). Noteregarding military dependents: ATF advised in its November 2012 FFL Newsletter, PCS Orders and Military Dependents Purchasing Firearms, that 18 U.S.C. The firearm must be for use within the scope of employment of the government personnel. Address of the person to whom transferred or license number if the person is a licensee. E-MAIL COMMUNICATION. ATF Publication 5300.15 Employees come and go. NSSF initiative, Operation Secure Store, is helping to decrease firearm burglaries, recently down 25%. You understand and agree that it is ultimately Your obligation to comply with federal, state, and local laws affecting the operation of Your firearms business. to ship records to the OOBRC. Compliance professionals will lead educational sessions that dive beyond the definition of an . Under the final rule, it appears at first brush that mere ability to possess a firearm is not the determiner of a Responsible Person. You could be fined, have your license suspended or revoked, and be prosecuted if you fail to do so pursuant to 18 U.S.C. Please see the Sale of Business or Going Out of Business section on page 27 of this guide regarding the delivery of your records upon discontinuance of your business.). In preparation to use the latest iteration of ATF Form 4473, NSSF encourages FFLs and, Expand your business. It is always preferable and ideally desirable for ATF to receive an application package which is complete to the greatest extent possible. 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? The exact meaning of this term, or more importantly who is included, decides just how much paperwork a trust must submit for a transfer. However, licensees are prohibited from renting or lending firearms or ammunition to any person the licensee knows or has reasonable cause to believe is prohibited from receiving or possessing that firearm or ammunition. locations in 42 states. ATF does not take reports of stolen firearms from private citizens. This supplemental Part B of the ATF Form 7 / 7 CR (F 5310.12/F 5310.16), Application for Federal Firearms License, is required to be completed by each Responsible Person (RP) who will be on a new federal firearms license (FFL). Expand your opportunities. If you choose to set up your FFL license as a sole proprietor, it means you are the only person having authority over your FFL license. Prior to submission of records to OOBRC, please contact applicable State and/or local agencies regarding submission or disposal of state/local firearms records. While relatively few FFLs engage in such conduct, the negative effect that willful violations have on public safety can be immense. Martinsburg, WV 25405 A NICS check MUST be conducted before: Failure to conduct a background check has a significant impact on public safety. The correct completion of these forms enhances traceability of firearms. We donot guarantee that You will ever make a profit. RocketFFL 5543 Edmondson Pike Nashville, TN 37211 info@RocketFFL.com M-F 8am-5pm CST. If the DIO decides that the violations were willful and revocation is justified, or if the licensee does not request a hearing, ATF sends a final notice of revocation (ATF Form 5300.13) to the licensee with a summary of the findings and legal conclusions that warrant revocation. This fact drives organizations like the Giffords Law Center and the Brady Center to Prevent Gun Violence crazy. It is possible they will submit a request to the National Tracing Center for a Records Search Request assuming the circumstances are connected to a bona fide criminal investigation. Responsible Person for FFL Guide [2023] - ATF Requirements ATF National Services Center Firearms missing from inventory are among the most commonly cited GCA violations. 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 photocopied page(s) containing any changes or corrections should be attached the original ATF Form 4473 and retained as a part of your records. All responsible persons are required to submit background information to the ATF and have their fingerprints processed. Unfortunately, there are many myths about getting a home based FFL from the BATF. Under some scenarios, this task can become a difficult problem for the prospective licensee. We have a section covering this in the guides. 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. See ATF Ruling 2012-1 for more information. If the ATF investigates and discovers that the responsible person quit last month, you may receive a violation. THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTINGFROM:(I) THE USE OR THE INABILITY TO USE THEW EBSITE; c. OUR LIABILITY TO ANY VIEWER OR ANY THIRD PARTY WILL BE NO MORE THAN THE AMOUNT THAT ANY SUCH VIEWER(CUSTOMER) PAID FOR ANY PRODUCT SOLD OR MARKETED BY FFL123. Ryan covers RPs in-depth in the FFL course, but this article covers the basics: RPs for FFL Guide 2022. 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. You may not sell or transfer a firearm to a nonlicensee who resides outside the State in which your licensed premises is located. Applicable Laws and Regulations: 18 U.S.C. 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. You MUST report to ATF, on a Report of Multiple Sale or Other Disposition of Pistols and Revolvers, ATFForm 3310.4 (Form 3310.4), whenever you sell or otherwise dispose of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more, to an unlicensed person. 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. However, licensees may not use the NICS system for these checks. If You discover a way to accurately predict what the government will do in each situation, please contact Us as We certainly cannot and donot make such predictions. 244 Needy Road Licensed collectors must maintain A&D records. Licensed collectors are not required to submit records. Depending on an applicants particular situation, ATF may determine that some persons will have to be included or excluded as RPs. The first sentence, which affects all entities, hinges on who has the power or authority to direct the management and policies of the entity as they relate to firearms. Its important to you as an applicant to determine the members of your business who A&D records must include information about the receipt, sale, or other disposition of firearms. It is not true that the owner of a company always needs to be an RP on an FFL in fact, we walk through how to navigate not having them as an RP (if appropriate) in our courses. The responsible persons line on ATF Form 7 (your FFL application) can be a bit confusing. 244 Needy Road The "responsible persons" line on ATF Form 7 (your FFL application) can be a bit confusing. See also, P. 14, 32, 114, 124, 145, 210-11). If thats you, then we can discuss your Form 4 in private after July. In certain circumstances, you may apply to ATF for a variance if you wish to operate your firearms business in a manner that differs from the requirements of the regulations. Please see request a variance for firearms. Further, in order to receive the firearm, the nonimmigrant alien must meet state of residency requirements pursuant to 27 CFR 478.29a. The purpose of ATFs firearms inspection program is to educate licensees about regulatory responsibilities and to evaluate the level of compliance. What are the ATF requirements for Responsible Persons? For additional information regarding the inspection process please go to Firearms Compliance Inspections | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov). View the answer to this and thousands of other questions in our client-only Support Center. Federal Firearms Licensing | ATF Compliance | Contact: 786-587-8827, FFL license applicants should become familiar with some basic facts about the FFL license prior to applying. Your request should be sent via email to fipb@atf.gov or via mail to: Chief, Firearms Industry Programs Branch ATF encourages FFLs to provide customers with the following useful publications which can be ordered from the ATF Distribution Center or downloaded from ATF's website. Customers are Viewers for purposes of this Agreement. Manufacturer (not required if manufactured by the licensee); Name and licensee number of the licensee to whom the firearm was transferred. 99 New York Avenue, NE. 922(m), 924(a)(3)(A). 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. 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. Save my name, email, and website in this browser for the next time I comment. If the firearms dealer is out of business and your inquiry is in reference to a stolen firearm, contact your local police department. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. 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.. Applicants for a Federal Firearms License must indicate all Responsible Persons (RP) on the ATF Form 7 (Application for a Federal Firearms License). Applicable Laws and Regulations: 27 CFR 478.121, 478.125, and 478.129. Email: MultipleHandgunSalesForms@atf.gov. In multi-store franchise situations, the store owners are often responsible persons on their own licenses, but the corporate managers are not. Due to the aforementioned, a person lawfully admitted to the United States under a nonimmigrant visa may not receive or possess any firearm or ammunition. These cookies will be stored in your browser only with your consent. 923(g)(5)(A). 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. We use cookies to ensure we give you the best experience on our website. Each licensee must ensure compliance with all applicable Federal and State laws. In a partnership, each partner would be a responsible party. An FFL should not use this error message as reason to deny dealing with a Type 03 or Type 06 licensee. You will need to request FFL Access first and after your FFL access is approved you will need to request EIN access. Some have read the additional sentence specifically directed at trusts and interpreted the andas an or and concluded that anyone who can receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust is a Responsible Person.. If the DIO decides that the license should not be revoked, ATF will notify the licensee in writing. Note: Licensees may maintain computerized A&D records provided the records meet the conditions outlined in ATF Ruling 2016-1. Law enforcement officers purchasing firearms for official duty must provide licensees with a certification letter in accordance with 27 CFR 478.134. We would be applying for the FFL License. Under Federal law, nonimmigrant aliens lawfully admitted to the U.S. under a nonimmigrant visa are prohibited from possessing firearms. You MUST verify the identity of each non-licensee buyer by examining the persons identification document(s) prior to the transfer of a firearm. (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. Applicable Laws and Regulations: 18 U.S.C. Chapter 13. Required Reports and Notifications to Atf 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). Any other non-exempt transfer of a firearm. All Rights Reserved. Applicable Laws and Regulations:27 CFR 478.45, 478.49, 478.50. You will need to use our co-trustee removal amendment and add the co-trustee, a.k.a. The responsible person becomes part of that FFL and can manufacture under that FFL just like an employee of that business can. I have a question regarding Responsible Persons that I'd appreciate if one of you FFL holders could take a minute to answer. a. Does a RP still have to be processed with a background check when purchasing a firearm? However, trusts arecomplicated contracts that the settlor can draft with minute details and multiple roles: Thus this is not necessarily true. Free Consultation from a former ATF Investigator Over 12 Years with ATF. 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. WASHINGTON, D.C. NSSF, The Firearm Industry Trade Association, has awarded Freedom Outdoors, formerly known. Any claims asserted against FFL123 by any Viewer, person, or entity shall be submitted to confidential arbitration in SiouxFalls, South Dakota. Mail the original completed ATF Form 3310.4 or ATF Form 3310.12 to ATF, or email or fax a copy thereof, as directed on the form. The following terms and conditions shall apply to each Viewer of this Website: 2. (866) 662-2750 Rather it only clarifies who is included. ATF National Services Center 923(i), and the NFA, 26 U.S.C. Now let's go into a couple of those in more detail: 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. b. A military member on active duty, like any transferee, must present an identification document to purchase or acquire a firearm. If the IOI believes the person qualifies as a Responsible Person, they will have to submit fingerprint cards and personal information. Martinsburg, WV 25405 Pursuant to 27 CFR 478.129, you are required to retain a copy of the completed ATF Form 3310.4 or the ATF Form 3310.12. A Responsible Person (RP) is someone who has the authority and power to direct firearm compliance decisions and operations for an FFL. Naturally, a responsible person should be responsible. ATF has determined that licensees may accept electronic PCS orders. Licensees who ship with the United States Postal System (USPS) should ship via first class in order to protect their customers PII. 923; 27 CFR 478.23, 479.22. Whether it is with proper recordkeeping or lawfully transferring firearms, IOIs ensure that FFLs comply with Federal firearms laws and regulations. is there any reason for me to add him as an RP, or is there even any benefit? THIS WEBSITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULL ESTEXTENT POSSIBLE PURSUANT TO APPLICABLE LAW. The same goes for removing someone from your trust. Question regarding Responsible Persons on FFL application - AR-15 921(b) applies only to members of the Armed Forces, not their spouses or other dependents. The transfer of a replacement firearm of the same kind and type to the person from whom a firearm was received; or, The transfer of a firearm that is subject to the, Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)?, Are you under indictment or information in any court for a, Have you ever been convicted in any court, including a military court, of a, Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?, Have you ever been adjudicated as a mental defective, Have you ever been discharged from the Armed Forces under dishonorable conditions?, Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?, Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?, Have you ever renounced your United States citizenship?, Are you an alien who has been admitted to the United States under a nonimmigrant visa?, If you are such an alien do you fall within any of the exceptions stated in the instructions?, Transactions between licensees must be recorded in the Acquisition and Disposition (A&D) records of both licensees pursuant to.
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