Licensing
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]
Machine Guns
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)]
Manufacturers
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]
Misdemeanor Crime of Domestic Violence
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]
A “misdemeanor crime of domestic violence” is an offense that:
- Is a misdemeanor under federal, state, or tribal law;
- Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
- Was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.
The term “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature.
Whether a relationship constitutes a “dating relationship” shall be determined based on consideration of:
- the length of the relationship;
- the nature of the relationship; and
- the frequency and type of interaction between the individuals involved in the relationship.
A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship.”
However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
- The person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
- In the case of a prosecution for which a person was entitled to a jury case was tried, either –
- The case was tried by a jury, or
- The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.
In the case of a person who has been convicted of a misdemeanor crime of domestic violence against an individual in a dating relationship; a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had firearms rights restored unless the expungement, pardon, or restoration of rights expressly provides that the person may not ship, transport, possess, or receive firearms. If the person has no more than one such conviction, and is not otherwise prohibited, the person shall not be disqualified from shipping, transport, possession, receipt, or purchase of a firearm if 5 years have elapsed from the later of the judgment of conviction or the completion of the person's custodial or supervisory sentence, if any, and the person has not subsequently been convicted of another such offense, a misdemeanor under Federal, State, Tribal, or local law which has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, or any other offense that would disqualify the person. NICS shall be updated to reflect the status of the person
Restoration after 5 years, as described above, is not available for a current or former spouse, parent, or guardian of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim.
[18 U.S.C. 921(a)(33); 18 U.S.C. 921(a)(37); 27 CFR 478.11]
