- Federal Firearms License
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A Federal Firearms License (FFL) is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States of America since the enactment of the Gun Control Act of 1968.
Type Usage Type 1 Title 1 dealer or gunsmith other than destructive devices. Can also deal in Title II NFA firearms with class 3 tax stamp. Type 2 Title 1 dealer doing business as a pawnbroker Type 3 Licensed collector of Curio & Relic (C&R) firearms Type 6 Licensed manufacturer of ammunition and reloading components other than Armor Piercing ammunition Type 7 Title 1 manufacturer of firearms, who can also act as dealer, other than Destructive Devices, ammunition and ammunition components other than Armor Piercing ammunition. Can also manufacture & deal in Title II NFA firearms with class 2 tax stamp. Type 8 Importer of Title 1 firearms and ammunition. Can also import Title II NFA firearms with class 1 tax stamp. Type 9 Dealer in Title 1 firearms including NFA destructive devices. Requires payment as an SOT Class 1 (can act as an NFA Dealer). To deal/broker any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Dealer of High Explosives. Type 10 Manufacturer of Title 1 firearms, ammunition and ammunition components, manufacturer of NFA Destructive Devices, ammunition for Destructive Devices, and Armor Piercing ammunition (can act as a dealer). Requires payment as an SOT Class 2 (can act as an NFA Dealer). To manufacture any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Type 20 Manufacturer of High Explosives. Type 11 Importer of Title 1 firearms, ammunition, NFA Destructive Devices, ammunition for Destructive Devices, and armor-piercing ammunition. Requires payment as an SOT Class 1 and registration with the U.S. Department of State as a Broker under ITAR/D-TRADE. To import any DD with an explosives content (i.e. flash-bangs), requires an additional FFL as an Importer of High Explosives. Contents
Special Occupational Tax Classes
Class Usage Class 1 importer of NFA firearms Class 2 manufacturer & dealer of NFA firearms Class 3 dealer of NFA firearms Class 1 SOT status requires an importer FFL, either Type 8 or 11.
Class 2 SOT status requires a manufacturer FFL, either Type 7 or 10.
Class 3 SOT status requires a dealer or manufacturer FFL, either Type 1, 2, 7, 8, 9, 10, or 11.
Collectors of Curio and Relic (C&R) Firearms
A special type of FFL is available to collectors of curio or relic (C&R) firearms. C&R firearms are defined in Title 27, Code of Federal Regulations, Part 478.11 as those "...of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." An application for a C&R FFL is filed using ATF Form 7CR.
To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories:
- Firearms manufactured more than 50 years prior to the current date, not including replicas
- Firearms certified by the curator of a municipal, State, or Federal museum that exhibits firearms as curios or relics of museum interest
- Any other firearms that derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category requires evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.
C&R firearms include most manually-operated and semi-automatic firearms used by a military force prior to 1946. This includes most firearms used by the warring nations in World War I and World War II. However, the firearm must normally also be in its original configuration to retain the C&R designation. So, for example, an unaltered Mauser Karabiner 98k rifle used by the German Army in World War II is a C&R firearm—but the same rifle "sporterized" with a new stock and finish is generally not considered a C&R firearm. There is an ambiguous point in how the license is currently administered, in that some firearms altered by the militaries that issued them have been confirmed by the BATFE to retain C&R status, though whether this applies to all such conversions (the examples given by the BATFE were the Spanish M1916 Guardia Civil, FR-7, and FR-8 Mausers) also remains ambiguous. However, as long as the receiver (the part of the firearm that is regulated by the BATFE) is over 50 years old (was manufactured before 1961) the firearm qualifies as a Curio & Relic — the BATFE states explicitly that, in addition to newer firearms it individually approves, firearms automatically achieve C&R status upon turning 50. Certain automatic weapons have been designated as C&R firearms, and although a C&R FFL can be used to acquire these as well, they are also subject to the controls imposed by the National Firearms Act of 1934. ATF maintains a current list of approved C&R firearms on its website.
Licensed collectors (who have been issued a C&R FFL) may acquire C&R firearms in interstate commerce, e.g., via mail or phone order or the Internet, or in person. (This is especially important for collectors of pistols and revolvers since they may not otherwise be acquired outside a collector's state of residence.) However, the selling FFL dealer or collector must have a copy of the buyer's C&R FFL before the C&R firearm can be shipped to the licensed collector. Licensed collectors are not considered to be FFL dealers and have no special privileges concerning non-C&R firearms, nor may they "engage in the business" of regularly selling C&R firearms to persons who do not have an FFL. The purpose of the C&R license is to enable a collector to acquire C&R firearms for his/her personal collection and not to become a firearms dealer.
Curio & Relic Compliance Inspections
"(D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designed for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained." ATF 2005 Regulations page 18. (ATF Publication 5300.4) Licensed collectors may also elect to have the inspection conducted at their homes. While C&R compliance used to consist of just bringing the bound book to the appropriate office, Inspectors are now (2009) often requiring that collectors bring their inventory (collection) to their office if they can not inspect them in the home.
Conversion of C&R firearms
Any firearm sold as a C&R weapon once changed out of its original configuration cannot be resold as a C&R weapon. In regard to conversions; certain pistols have been approved for sale with added safety conversions (i.e. Polish and Romanian Tokarev pistols, to which a manual safety was added to meet import requirements). Certain other modifications, such as period sporterisations, are arguably C&R qualified as they represent the gun culture of the period. An example would be a Lee-Enfield or 98K Mauser military rifle that had been converted into a continental style sporter before World War II. These common conversions occurred more than 50 years ago, and represent a sub-type of special interest to collectors.
Antique guns
Antique guns made in or before 1898 ("pre-1899")[1] are generally outside of Federal jurisdiction, and may be bought and sold across state lines without a FFL. The only exceptions are short-barreled rifles and shotguns, and machineguns made in and before 1898, which are regulated under the National Firearms Act of 1934. Unlike C&R guns, antique guns can be re-arsenalized, sporterized, re-barreled, or re-chambered, yet they will still retain their Federally-exempt status. Even if every part except the receiver is replaced, a pre-1899 firearm still qualifies as an antique. FFL holders have been directed not to enter Pre-1899 antique guns into their Bound Books.
Record keeping
FFL holders are required to keep a registry of firearms sales in an ATF-approved Bound Book, or a computerized equivalent using ATF-approved software. Licensed dealers must also maintain file copies of Form 4473 or eForm 4473 "Firearms Transaction Record" documents, for a period of not less than 20 years after the date of sale or disposition. When retiring or otherwise relinquishing a license, these records are sent to the BATFE's Out-of-Business Records Center. Licensed collectors are not required to send their records to the BATFE when relinquishing their license. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five business day period must be reported to ATF on Form 3310.4.
Conditions of application
ATF will approve the application if the applicant:
- Is 21 years or older.
- Is not prohibited from handling or possessing firearms or ammunition
- Has not violated the Gun Control Act or its regulations
- Has not failed to disclose information or facts in connection with his application
- Has premises for conducting business or collecting
The applicant must also certify that:
- The business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located
- 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
- The business will not be conducted under the license until the requirements of State and local law applicable to the business have been met
- The applicant has sent or delivered a form to the chief law enforcement officer where the premises are located notifying the officer that the applicant intends to apply for a license.
- Secure gun storage and safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees
Application fees
See TITLE 27 CFR, CHAPTER II, PART 478—COMMERCE IN FIREARMS AND AMMUNITION, § 478.42 License fees.
Non-destructive devices
Licensee Application fee Renewal fee Manufacturer $150 for 3 years $150 every 3 years Importer $150 for 3 years $150 every 3 years Pawnbroker $200 for 3 years $90 every 3 years Dealer $200 for 3 years $90 every 3 years Collector $30 for 3 years $30 every 3 years Destructive devices
Licensee Application fee Renewal fee Manufacturer $3,000 $3,000 Importer $3,000 $3,000 Dealer $3,000 $3,000 Ammunition
Licensee Application fee Renewal fee Manufacturer $30 for three years $30 every three years Importers and manufacturers of machine guns, short-barreled rifles and shotguns, and destructive devices must also pay a special occupational tax of $500 per year if gross revenues do not exceed $500,000, and $1,000 if revenues exceed $500,000.
See also
Firearms
- Firearms
- Antique guns
- Ammunition
- Explosives
Related law articles
- Form 4473
- Gun law in the United States
- Gun Control Act of 1968
- Firearm Owners Protection Act (1986)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- Straw purchase
References
External links
- Form order form to order F 7CR new form Curio/Relic FFL03 license (online downloads not acceptable)
- FFLeZCheck system for verifying FFL validity
- NRA-ILA Factsheets: Federal Firearms License
Categories:- United States federal firearms law
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