Questions and Answers

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. 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]

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)]

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]

Yes. If the business is being discontinued completely, the licensed dealer, manufacturer or importer is required to submit all records to ATF within 30 days. Records may be delivered to a local ATF office or shipped to the following address:

Bureau of ATF
ATF Out-of-Business Records Center
244 Needy Road
Martinsburg, WV 25405

A licensee discontinuing business must also notify the Federal Firearms Licensing Center within 30 days by calling (866) 662-2750 (toll free) or emailing FFLC@atf.gov.

If someone is taking over the business, the original licensee should underline the final entry in each acquisition and disposition (A&D) record, note the date of transfer, and forward all records and forms to the successor (who must apply for and receive their 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 those records and forms to the ATF Out-of-Business Record Center.

[18 U.S.C. 923(g)(4); 27 CFR 478.57(a) and 478.127]

Firearms licensees who are going out of business need to forward the following records to ATF:

• Acquisition and disposition (A&D) records
• ATF Forms 4473
• ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers)
• ATF Forms 3310.11 (Federal Firearms Licensee Theft/Loss Report)
• Records of importation (ATF Forms 6 and 6A)
• Law enforcement certification letters

[18 U.S.C. 923(g)(4); 27 CFR 478.127]

Yes. Each person intending to engage in business as a firearms dealer, importer or manufacturer, or as an ammunition importer or manufacturer, must obtain the required federal firearms license prior to commencing business.

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

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.

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. 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]

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)]

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)]

Yes.

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

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]

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]

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]

No, as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.

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