This includes, but is not limited to, firearms for sale or trade, consignment, pawn, repair (if received for repair AND kept overnight), replacement, loan or rental away from your licensed premises, and all other acquisitions and dispositions of firearms. It's your job to make sure that someone working at your business is listed on your license at all times. The NFA, 26 U.S.C. Applicable Laws and Regulations: 18 U.S.C. The correct completion of these forms enhances traceability of firearms. However, licensees may not use the NICS system for these checks. FIC 2022 to Examine Responsibilities of an FFL Responsible Person ATF will also take action to revoke the license of an FFL that knowingly engages in a criminal violation of the federal firearms laws. 922(m), 924(a)(3)(A). You MUST verify the identity of each non-licensee buyer by examining the persons identification document(s) prior to the transfer of a firearm. 244 Needy Road 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. Question regarding Responsible Persons on FFL application - AR-15 923(i), and the NFA, 26 U.S.C. P.O. Private citizens should adhere to their state and local laws regarding reporting the theft of their firearms and report firearms thefts to local law enforcement. 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). 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. Applicable Laws and Regulations: 18 U.S.C. 7. b. NOTE 2: ATF Form 3310.4 and Form 3310.12 each contain six rows to account for six firearms. If you arent sure who should be a responsible person or who must be, you should speak to an attorney who deals regularly with federal firearms licenses. 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. Inspections are generally unannounced, occur during the licensees business hours, and may also include an inspection of off-site storage locations, if any. In some respects, federal firearms licenses are fluid documents that can be changed depending on the growth of your business. Prior to submission of records to OOBRC, please contact applicable State and/or local agencies regarding submission or disposal of state/local firearms records. 244 Needy Road Listing "Responsible Persons" on Your Federal Firearms License is there any reason for me to add him as an RP, or is there even any benefit? We get it theres a lot of confusion about Responsible Persons on FFLs. 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. ATF National Services Center The date of sale or other disposition of the firearm; and. 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. 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. 922(t)(5). A licensee needing to verify the validity of a Type 03 or Type 06 license may contact ATFs FFLC at 1-866-662-2750. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. (a) In the case of a corporation or association holding a license or permit under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation holding a license or permit or in any other corporation), by operation of law, or in any other manner, the licensee or permittee shall, within 30 days of the change, give written notification executed under the penalties of perjury, to the Chief, Federal Explosives Licensing Center. One of the following options may assist you: Applicable Laws and Regulations: 18 U.S.C. (866) 662-2750 During the FFL application review, ATF investigators make sure there you have included everyone who should be. All in one place. FFLs may transfer firearms to other FFLs (FFLs may not transfer a firearm other than a curio or relic to a Type 03 Collector of Curios and Relics FFL), including interstate transfers, without completing an ATF Form 4473 for these transactions. 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. 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. 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. CategoriesCurrent News, General Firearm LawsTagsATF-41P, National Firearms Act, Trusts. At the close of the business day, document in the A&D Record the acquisition of each firearm acquired. ATF National Services Center 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. A Responsible Person (RP) is someone who has the authority and power to direct firearm compliance decisions and operations for an FFL. Bureau of Alcohol, Tobacco, Firearms and Explosives, Download Form 7(5310.12A)-7CR(5310.16) - Responsible Person Questionnaire Supplement for Use By Additional Responsible Persons for Form 7 / 7CR, ATF Form 7 / 7 CR (F 5310.12/F 5310.16), Application for Federal Firearms License. Licensed manufacturers (Type 07 and Type 10 FFLs) are required to keep A&D records in accordance with 27 CFR 478.123. Maybe you just bought a firearm online, or you need to ship a gun, and youre wondering how to transfer it. Information contained on a State firearms transfer document, or any other document, cannot be used in lieu of entering the information required on the ATF Form 4473. The definition usually includes corporate officers and owners or companies, but not in every case. Fingerprints must be clear in order to conduct an accurate background check. Applicants for a FFL should consult an attorney for a proper interpretation of the definition of Responsible Person in the event of an ambiguity. This is in keeping with the definition of responsible person for Federal Firearm Licensees and would exclude employees who cannot control a company. Misuse the information available on the Website. FINANCIAL RISK. If, after a firearm has been transferred, you discover that the ATF Form 4473 (5300.9 and/or 5300.9A) is incomplete or was improperly completed, do NOT make changes to the original ATF Form 4473. Agreement shall mean these Viewer Terms and Conditions. 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.. Can You Legally Buy a Gun for Someone Else? The documents you'll need to remove a responsible person from your single shot trust are: 1. JURISDICTION. We cover how to manage RPs on an FFL in our ATF Compliance Course/Program. The certification letter must be 1) on official agency letterhead; 2) signed by a person in authority within the agency (other than the person purchasing the firearm); and 3) state that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has not been convicted of a misdemeanor crime of domestic violence. To the full estextent permittedby applicable law, no arbitration under this Agreement shall bejoined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 2021 FFL123.com Is A Registered Trademark & Our Guides Are Copyright Registered. Correctly completing ATF Forms 4473 is one of the most important things you can do to ensure that ATF can trace crime guns. By clicking "Accept" or using our website, you consent to the use of cookies unless you have disabled them. 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. To renew your license, you must complete and submit the renewal application (ATF Form 8 Part II), with the required fee, to the address specified on the form prior to the license expiration date. ATF Ruling 2016-3 authorizes licensed manufacturers to consolidate their records of manufacture or other acquisition of firearms and their separate firearms disposition records, provided all conditions in the ruling are met. Will the person answer questions during ATF compliance inspections and have the authority to implement corrective action and solve compliance problems? Now let's go into a couple of those in more detail: Of course, the safe option is to submit Responsible Person forms for every trustee, but I am sure somebody will want to push the issue to learn just who is a Responsible Person when it comes to trustees. The submission address is: Federal Firearms Licensing Center Instead, you should make corrections on a photocopy of the page pertaining to the inaccurate ATF Form 4473. Serial number of each complete firearm; and. Absentee owners are another example; their general managers would be considered responsible. (304) 260-1500 or (800) 788-7133. Martinsburg, West Virginia 25405 Reconcile all inventory, to include NFA firearms, prior to submission of records to the OOBRC. You must not record information in your required records that you know is false or that you have reason to believe is false. The only thing the law embraces is legally making a "person" responsible. 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? The date of importation is the date the firearm is released from U.S. Customs custody. 15. ATF may authorize an alternate method or procedure only when good cause is shown for the use of the alternative method or procedure, the method or procedure is substantially equivalent to the procedure specified in the law, is not contrary to any provision of the law, and the alternate method does not hinder the effective administration and enforcement of the law and regulations or increase costs to the Government. ATF recommends the implementation of a secondary review procedure of each ATF Form 4473 for errors and omissions prior to transferring a firearm. 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. 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. 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. The new business entity must submit an application to the FFLC, and receive a firearms license, prior to beginning operations requiring an FFL. 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. AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own. Heres an explanation of responsible persons. Your Federal firearms license is in effect until the expiration date on the license, unless terminated sooner. a. 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.). 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.. A buyer or transferee may only make changes or corrections on the photocopy to the sections of the form completed by the buyer/transferee. We have a section covering this in the guides. Copyright 1996-2023 AR15.COM LLC. We use cookies to ensure we give you the best experience on our website. 923(g); 27 CFR 478.21, 478.124, 478.134.
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