244 Needy Road Others have recognized that it is possible to have a lower class of trustees, much like lower level employees, who have the ability to possess firearms but do not have the power or authority to direct the management and policies of the trust. (This is exactly the position of Possessory Trustees in Firearm Collector Trusts drafted by R.K. 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. The IOI will document the licensees response to the violations, including any corrective actions the licensee has taken. Categories: Education, Featured, Retailers, WASHINGTON, D.C. Employees of companies that support NSSF, The Firearm Industry Trade Association, at the highest level may apply for education aid through theRead More, Dont Miss the May 8 Webinar with NSSF Consultant Dale Krupinski The mismanagement of range health and safety issues can be devastating to your employeesRead More, The first U.S. Senate-confirmed director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in seven years sat for a three-hour Judiciary Committee hearingRead More, 2023 National Shooting Sports Foundation, Inc. All Rights Reserved. Applicable Laws and Regulations: 18 U.S.C. Copyright 2010-2023, FastBound. Additionally, ATF Form 3310.4 is not required for frames or receivers of any firearms, or firearms having a pistol grip that expel a shotgun shell (pistol grip firearms), because they are not pistols or revolvers; see ATF Form 4473 instructions pertaining to the Category of firearm(s) to be transferred.. Transfer of a replacement firearm of the same kind and type to the person from whom a firearm was received. 555.57 Change of control, change in responsible persons, and change of employees. 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. This distinction matters! Although federal firearms license applications have always required the identification of responsible person/s, neither the Gun Control Act (GCA) nor ATFs regulations define the term. A person has given you reason to believe he or she is not the actual buyer or transferee, and the transaction must be stopped, if the person answers: No to the question on ATF Form 4473 (5300.9) that asks: You MAY NOT sell or otherwise dispose of a firearm or ammunition to any person you know or have reasonable cause to believe is prohibited from shipping, transporting, possessing or receiving a firearm. The firearm must be for use within the scope of employment of the government personnel. 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 . You MAY NOT sell or otherwise dispose of a firearm to a person other than the actual buyer or transferee. 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. They will be expected to uphold all of the responsibilities as the license holder, and can even be subject to potential penalties (license revocation, fines, and even prison time for extreme violations). We cover how to manage RPs on an FFL in our ATF Compliance Course/Program. 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. The information contained in this Website is not guaranteed to be accurate, current or complete. Adding a responsible person to an FFL is fairly straightforward. CategoriesCurrent News, General Firearm LawsTagsATF-41P, National Firearms Act, Trusts. A NICS check MUST be conducted before: Failure to conduct a background check has a significant impact on public safety. Theyve created a lot of misinformation. ATF is represented by ATF counsel and the. The FFL who is buying the firearm must furnish a certified copy of the license to the selling FFL prior to the transfer of any firearm. Either way, don't fret. All in one place. 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. A firearms business venture may not be appropriate for everyone, and You agree that We are not recommending that You start, continue, expand or cease a firearms business. 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. The following terms and conditions shall apply to each Viewer of this Website: 2. 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. See also ATF Form 3 Instructions. More significant and problematic issues may arise in this scenario, like problems with the added persons background investigation. NOTHING ON THIS WEBSITE CONSTITUTES LEGAL OR TAX ADVICE. Your original license must be submitted with the ATF Form 5300.38. 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. FFLs/SOTs must maintain their registration documents in chronological order at their place of business. Question, if I am the only person involved in my small business and FFL license, does that mean I am the sole proprietor and the responsible person for the FFL application? Applicable Laws and Regulations: 27 CFR 478.21, 478.44, 478.51, 478.53, 478.54. Larger companies with multiple divisions and corporate officers would have to list all of them, even if they had nothing to do with firearms. Proof of registration would be on a Form 1 registering a firearm to its maker, Form 2 registering a firearm to an importer or manufacturer, or a Form 3, 4, or 5 showing registration of a firearm to a transferee. Customer includes any individual or entity that purchases any product or service from FFL123, or any individual or entity that emails Us any questions. A collectors license does not entitle the holder to engage in the business of dealing in firearms, including dealing in curio or relic firearms. 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. A loss of a firearm occurs when you cannot determine the disposition of a firearm and cannot locate it. 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). Can I add my wife as an RP on my Curio & Relic license, or are multiple RPs just for FFL businesses? ATF will also take action to revoke the license of an FFL that knowingly engages in a criminal violation of the federal firearms laws. If the above conditions are met, you are not required to prepare an ATF Form 4473 (5300.9) for the transaction or conduct a NICS background check; however, the disposition to the officer must be entered into your Acquisition & Disposition (A&D) records, and the certification letter from the officer must be retained as part of your required records. FFL License Requirements | Responsible Persons, Firearms Licensing And Consulting Group, LLC, FFL License Cost | FFL License Application | Federal Firearms License, Firearms Manufacturing: FFL License Type 07, Revocation Criteria Public Safety Violations. You might have looked into transferring the gun and you learned that transfers the gun through an [], Contrary to popular belief, getting a home based FFL is perfectly legal, easy to do, and very common. You may sell a firearm to a person who does not reside in your State by shipping the firearm to a licensee in the buyers State of residence. ATF has determined that licensees may accept electronic PCS orders. No communication from FFL123 is an authorization or encouragement for You to misrepresent Your business, intentions or plans to any person or government agency. 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. ), an estimated inspection timeframe, and information and resources needed to efficiently complete the inspection. 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. Wait and see is the best advice of the day. ATF encourages licensees to conduct background checks on their employees on a regular interval (e.g., on an annual basis) to ensure prohibited employees do not possess firearms or ammunition. Your collectors license entitles you to conduct transactions in curios and relics only. One important way licensees can promote public safety is by educating customers. We hear questions about RPs like: Well cover these questions in this Responsible Person Guide. An approved ATF Form 4 permits the tax paid transfer and registration of the NFA firearm listed on the Form 4 to the transferee listed on the Form 4. Do not list just anyone as a responsible person. This person must be willing to treat your license as if it were their own. 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. The licensee is not required to complete any paperwork for the transaction outside of recording the disposition in the A&D record. 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.