Firearms Questions and Answers

Submit ATF Form 7/7CR, Application for Federal Firearms License with the appropriate fee, in accordance with the instructions on the form to ATF. This form is for all FFL types, including type 03 Collector of Curios and Relics. An application packet may be obtained by contacting the ATF Distribution Center. If you have more than one Responsible Person (RP), you must also submit a Supplement to ATF Form 7/7CR for each additional RP.

[18 U.S.C. 923; 27 CFR 478.44]

Yes. A person who timely files an application for renewal of a license may continue operations authorized by the expired license until final action is taken on the application.

If a person does not timely file a license renewal application and the license expires, the person must file a new ATF Form 7 (5310.12)/7CR (5310.16) Application for Federal Firearms License, as required by 27 CFR 478.44.

[27 CFR 478.45]

No, as long as the importer or manufacturer is engaged in the business of dealing in firearms at the licensed premises in the same type of firearms authorized by the importer’s or manufacturer’s license.

[27 CFR 478.41(b)]

No. A separate federal firearms license must be obtained for each location.

However, separate facilities solely to store firearms are not required to be covered by a separate license, although the records maintained at the licensed premises must reflect all firearms held in the separate storage facility.

[18 U.S.C. 923(a); 27 CFR 478.42 and 478.50]

An application for a federal firearms license will be approved if the applicant:

• Is 21 years of age or over;
• Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition, nor in the case of a corporation, partnership, or association, is any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association prohibited from shipping, transporting, receiving or possessing firearms or ammunition;
• Has not willfully violated the Gun Control Act (GCA) or its regulations;
• Has not willfully failed to disclose material information or has not made false statements concerning material facts in connection with their application;
• Has premises for conducting business or collecting; and
• The applicant certifies that:
  1. The business to be conducted under the license is not prohibited by state or local law in the place where the licensed premises is located;
  2. 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;
  3. The business will not be conducted under the license until the requirements of state and local law applicable to the business have been met;
  4. The applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and
  5. If the applicant is to be a licensed dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).

[18 U.S.C. 923(d)(1); 27 CFR 478.47(b)]

No. The February 17, 2017 correspondence simply recognizes that ATF does not issue different classes or categories of 01 licenses to persons based upon which or how many of the options for conducting business an applicant intends to exercise at the time the application is filed.

Once issued, a dealer’s license allows the licensee to sell firearms by any means or from any location otherwise permitted by law regardless of their intent at the time of application.

You may avoid delays in the firearm licensing process by obtaining a unique personal identification number (UPIN) which is assigned by the Federal Bureau of Investigation (FBI) during the voluntary appeal file (VAF) process. It’s created for applicants who frequently experience delays or have been wrongfully denied multiple times to purchase a firearm due to a past misdemeanor charge or because an ineligible person has a similar name.

You can apply for the VAF using eVO. You are required to submit your fingerprints as part of your VAF application and you must provide your name, date of birth and signature on your fingerprint card.

During the application process, you will receive an email with an encrypted link and pin to access your application. You must log in to the application at least every 90 days for it to remain active.

Once you apply for the VAF:

• FBI personnel will research your case and assign you a UPIN if you have no firearms prohibitions.
• You will still have to undergo a complete background check to buy a firearm, but the UPIN will help to confirm your identity.
• Your will provide your UPIN during your background check for future firearms transactions.

Visit the FBI’s website for more information on UPIN and VAF.

Yes. To change a business location, a licensee must file an application for an amended license (ATF Form 5300.38) not less than 30 days prior to the move. An amended license must be obtained before commencing business at the new location. Once the new license is obtained, the licensee may no longer conduct business at the former business premises.

Generally, no. However, applications to make and register machine guns on or after May 19, 1986 for the benefit of a federal, state, or local government entity will be approved if documentation can be provided, along with the application to make a machinegun, which establishes that the machine gun is particularly suitable for use by federal, state or local governmental entities and is being made at the request and on behalf of such an entity.

[18 U.S.C. 922(o)(2); 27 CFR 479.105(e)]

Yes. If the machine gun was lawfully registered and possessed before May 19, 1986, it may be transferred pursuant to an approved ATF Form 3 or Form 4, as applicable.

[18 U.S.C. 922(o)(2); 26 U.S.C. 5812]

No. A person licensed as a manufacturer of ammunition may not manufacture firearms unless they obtain a license as a firearms manufacturer.

[18 U.S.C. 923; 27 CFR 478.41]

Yes, if the person engages in the business of selling or distributing reloads for the purpose of livelihood and profit.

No, if the person reloads only for personal use.

[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41]

Yes. Licensed manufacturers must pay excise tax on the sale of firearms and ammunition manufactured.

For additional information on excise taxes, contact the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau.

Yes. Manufacturers are required to complete the Annual Firearms Manufacturing and Exportation Report (ATF F 5300.11) each year.

[18 U.S.C. 923(g)(5)]

Yes, licensees must file an Annual Firearms Manufacturers and Export Report (AFMER) form even if the licensee had no manufacturing activity for that reporting period.

[18 U.S.C. 923(g)(5)]

Yes. A separate license is required to cover each of these types of businesses.

[18 U.S.C. 923; 27 CFR 478.41]

No. A qualifying offense does not need to be designated as a domestic violence offense. For example, a conviction for assault may qualify as an misdemeanor crime of domestic violence even if the offense is not designated as a domestic violence assault.

[18 U.S.C. 921(a)(33) and 922(g)(9); 27 CFR 478.11 and 478.32(a)(9)]

No. The “as an element” language in the definition of “misdemeanor crime of domestic violence” (MCDV) only applies to the use of force provision of the statute and not the relationship provision. However, to be disabling, the offense must have been committed by someone whose relationship to the victim meets the definition in the Gun Control Act (GCA).

[18 U.S.C. 921(a)(33); 27 CFR 478.11]

Yes. The Gun Control Act was amended so that employees of government agencies convicted of misdemeanor crimes of domestic violence (MCDV) would not be exempt from disabilities with respect to their receipt or possession of firearms or ammunition.

Thus, law enforcement officers and other government officials who have been convicted of a disqualifying misdemeanor may not lawfully possess or receive firearms or ammunition for any purpose, including performance of their official duties. The disability applies to firearms and ammunition issued by government agencies, purchased by government employees for use in performing their official duties, and personal firearms and ammunition possessed by such employees.

[18 U.S.C. 922(g)(9) and 925(a)(1); 27 CFR 478.32(a)(9) and 478.141]

Yes, assuming a violation of the ordinance meets the definition of “misdemeanor crime of domestic violence” in all other respects.

Yes.

The law of the jurisdiction determines whether a conviction has occurred. Therefore, if the law of the jurisdiction does not consider the person to be convicted, they would not have the federal disability.

[18 U.S.C. 921(a)(33); 27 CFR 478.11]