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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 Firearms and Explosives Licensing Center in Atlanta, Georgia,
(404) 417-2750, or your local ATF office.
[18 U.S.C. 923,
27 CFR 178.44]
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 178.50]
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 178.41(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
received at the appropriate P.O. Box in Dallas, Texas with the appropriate
renewal fee 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 178.44, submit the application
fee applicable to a new business, and obtain the required license
before continuing business activity.
[27 CFR 178.45]
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:
Bureau
of ATF
Out-of-Business Records Center
882 T.J. Jackson Drive
Falling Waters, West Virginia 25419
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 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 178.127]
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 178.127]
May
a successor owner of a business entity, other than one who is a
successor under the provisions of 27 CFR 178.56 (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 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 178.41]
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 178.58]
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]
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 would include the certification
of compliance with State and local laws and notification of local
law enforcement officials outlined in Question A2. Tear-out Forms
5300.38 for changing the location of a licensed business are in
the back of this publication.
[27 CFR 178.52]
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