Oct. 2005
Q: An 03 FFL cannot be used for the business
purpose, only for collecting. But, can I get an 01 FFL
and use it only for collecting purposes?
A: A Federal Firearms License (FFL) is required
under the Gun Control Act (GCA) to engage in business as
a manufacturer, importer or dealer in firearms. [18
U.S.C. 922(a)(1), 923(a)] A license application (except
for curios and relics) must include a photograph and
fingerprints of the applicant.
An application will be approved if the applicant-
(1) Is 21 years of age or over;
(2) Is not prohibited from transporting, shipping, or
receiving firearms or ammunition in or affecting
interstate or foreign commerce;
(3) Has not willfully violated any provision of the GCA;
(4) Has not willfully failed to disclose any material
information or made any false statement;
(5) Has in a State premises from which to engage in
business; and
(6) Certifies that the business will comply with State
and local law and that local law enforcement officials
have been notified of the application. [18 U.S.C.
923(d)(1)]
Licenses are issued for a 3-year period. Licenses may be
revoked, or a license renewal application denied, if the
licensee has willfully violated any provision of the
GCA. A license may only be issued for a permanent
premise at which the license applicant intends to do
business.
A Federal Firearms License under 18 U.S.C. Chapter 44:
a. Is NOT a license to carry, use, or possess a firearm.
b. Confers NO right or privilege to conduct business or
activity contrary to State or other law.
c. Is a business license and will not be issued to an
applicant solely intending to enhance a personal
firearms collection.
d. Is NOT a license to sell ammunition.
e. Is NOT a license to buy and sell firearms at gun
shows only.
Request an application package at: NLClicenseapplication@atf.gov.
Provide your name and mailing address. If you comply
with all the necessary requirements your application for
a federal firearms license will be approved.
_____
Nov. 2005
Q:
1. Is it possible to 3 friends from the same county,
who do not live in the same town, to get one
"partnership" C&R license?
2. If it is possible to do #1, would they be able to
ship to any of the three addresses?
3. If it is possible to do #1, do all three of them have
to sign each and every copy of the C&R they use?
4. (Finally), If it is possible to do #1, how many bound
books would they keep? Or are all firearms considered in
"one" collection only?
A: You can have a license issued to a
partnership. The license will be issued to a license
premises. This would be where the bound book would be
located and the only valid place to receive
curios/relics. You can have a mailing address different
than the premises. Only one bound book would be required
per licensed premises. Only one of the responsible
persons listed on the license has to sign the copies.
_____
Nov. 2005
Q: I am confused, or perhaps need some
clarifications:
1. Back to our 3 person partnership (from above), if
they wanted to be able to receive C&R deliveries to EACH
of their different addresses, do they each need a copy
of the partnership license with THEIR specific address
listed on it?
2. If they DO need copies with specific addresses on
them, is there an
additional fee for these? If so, how much?
3. How does it work for ownership of the weapons in the
partnership, if one of the members leaves the
partnership and takes several of the
purchased weapons with him, are they just logged out of
the bound book?
A: In a partnership all names appear on the
license. The license is issued to ONE premise address.
If one of the members of the partnership leaves the
remainder partners would have to apply for another
license. You are best advised to apply each for your own
license.
_____
Nov. 2005
Q: My house was burgled and several weapons that
I bought using my C&R license were stolen, both rifles
and pistols. I will notify the local authorities of the
thefts, but what about the C&R weapons?
1. Do I have to contact ATF in regards to the stolen
weapons? If so, who do I have to talk to and/or what
form has to be filled out?
2. Do I log them out in my bound book and mark them down
as "stolen"? And if I get them back, do they have to be
re-logged?
A: Pursuant to 27 CFR 478.39a, each licensee
shall report the theft or loss of a firearm from the
licensee's inventory (including any firearm which has
been transferred from the licensee's inventory to a
personal collection and held as a personal firearm for
at least 1 year), or from the collection of a licensed
collector, within 48 hours after the theft or loss is
discovered. Licensees shall report thefts or losses by
telephoning 1-888-930-9275 (nationwide toll free number)
and by preparing ATF Form 3310.11, Federal Firearms
Licensee Theft/Loss Report, in accordance with the
instructions on the form.
You can access the form at:
http://www.atf.gov/forms/pdfs/f331011.pdf. The
original of the report shall be forwarded to the office
specified thereon, and Copy 1 shall be retained by the
licensee as part of the licensee's permanent records.
Theft or loss of any firearm shall also be reported to
the appropriate local authorities.
(Approved by the Office of Management and Budget under
control number
1512-0524)
[T.D. ATF-363, 60 FR 17451, Apr. 6, 1995]
_____
Dec. 2005
Q: While I was deployed, my C&R license expired
last month. Do I have to go through the entire licensing
process again?
A: You cannot renew an expired license. You must
start with a new application.
_____
Dec. 2005
Q: At what point is a weapon considered to be an
antique that does not require a license to
ship/own/purchase? Was it that the weapon has to have
actually been made before 1898? Can these types of
weapons be shipped without a license (assuming any local
laws are met?
A: Under section 921(a)(16) of the GCA, the term
antique firearm means:
(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition
system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph
(A) if such
replica-
(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the
ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or
muzzle loading pistol, which is designed to use black
powder, or a black powder substitute, and which cannot
use fixed
ammunition.
For purposes of subparagraph (C), a muzzle loading
rifle, shotgun, or pistol is not an "antique firearm"
for purposes of the GCA if it incorporates a firearm
frame or receiver, if it is a firearm which is converted
into a muzzle loading weapon, or if it can be readily
converted to fire fixed ammunition by replacing the
barrel, bolt, breechblock, or any combination of such
parts.
Under section 5845(g) of the NFA, antique firearm means:
"...Any firearm not designed or redesigned for using rim
fire or conventional center fire ignition with fixed
ammunition and manufactured in or before 1898 (including
any matchlock, flintlock, percussion cap, or similar
type of ignition system or replica thereof, whether
actually manufactured before or after 1898) and also any
firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the
ordinary channels of commercial trade."
To illustrate the distinction between the two
definitions of antique firearm under the GCA and NFA, a
rifle manufactured in or before 1898 would be an antique
firearm under the provisions of the GCA, even though it
uses conventional ammunition. However, if such rifle has
a barrel of less than 16 inches in length AND uses
conventional fixed ammunition which is available in the
ordinary channels of commercial trade, it would not be
an antique firearm under the NFA.
An antique firearm as defined in both the GCA and NFA is
exempt from all of the provisions and restrictions
contained in both laws. Consequently, such an antique
firearm may be bought, sold, transported, shipped, etc.,
without regard to the requirements of these laws.
Under the Arms Export Control Act certain "antique
firearms" are not subject to the import controls under
that Act. These "antique firearms" are defined as
"muzzle loading (black powder) firearms (including any
firearm with a matchlock, flintlock, percussion cap, or
similar type of ignition system) or firearms covered by
Category I(a) established to have been manufactured in
or before 1898."
No all-inclusive list of antique firearms is published
by ATF. Under the Export Administration Act, the Bureau
of Industry and Security (BIS) maintains export control
requirements on a wide range of dual-use commodities,
software, and technology. BIS requires an export license
for muzzle loading (black powder) firearms with a
caliber less than 20 mm that were manufactured later
than 1937 and that are not reproductions of firearms
manufactured earlier than 1890. This BIS control does
not apply to weapons used for hunting or sporting
purposes that were not specially designed for military
use and are not of the fully automatic type. This
exemption does not apply if the weapon meets certain
control requirements. Contact the BIS at 202-482- 4811
for additional information.
_____
Dec. 2005
Q: I realize that I do not have to run NIC checks
for C&R transactions, but can I anyway? Let's say I
"suspect" that someone isn't legal. Can I call NICS and
ask them to verify the person?
A: You CANNOT run NICS Checks. This is only for
licensed dealers, manufacturers and importers. They must
register with the FBI NICS in order to get access to run
the required NICS checks.
_____
Dec. 2005
Q: A copy of the C&R form 7 gets sent to my local
CLEO. What happens to that copy? Are they required to
keep it on file, or, if I do not raise any red flags, do
they just destroy them?
A: The CLEO must be notified of your intent to
collect. As is stated in the form it requires no action
on their part. However, should they have information
that may disqualify the applicant from obtaining the
license, they should contact us.
_____
Jan. 2006
Q: I inadvertently destroyed (i.e., toss out) my
C&R log book and all my receipts of C&R weapons. What
should I do?
A: You should send a letter to the ATF Director
of Industry Operations for your State. You can find the
address at:
http://www.atf.gov/field/index.htm.
_____
Jan. 2006
Q: Is there a new requirement on a C&R license
renewal form to list the number of C&R weapons that were
purchased and disposed of during the last 3 years?
A: Yes, this is required.
_____
Jan. 2006
Q: If I let my license lapse or I want to quit my
C&R license, what do I have to do?
A: If you let your license expire you will get an
Out-of-Business notice.
If you want to discontinue collecting send the original
license back to the FFLC with a letter stating your
intent. Mail it to:
Federal Firearms Licensing Center
2600 Century Parkway, Suite 110
Atlanta, GA 30345
_____
Feb. 2006
Q: If I take my C&R weapon and place it with a
consignment shop to be sold, how do I handle my bound
book log? Should I log it out and write in the
consignment shop as the buyer, or do I log it out only
once it has sold and then enter the information for the
actual person buying it?
A: You would log the firearm out when you give it
to the consignment shop.
You would use their FFL information on the disposition
record. They in turn must log the firearm in their bound
book when they receive it from you.
_____
Feb. 2006
Q: If I do not have a C&R, and I am selling a C&R
firearm on an auction site, do I need to go through a
licensed dealer to send the winner (who does have a C&R)
the firearm?
From a previous question, it was my understanding that:
1. If the person is in my state and is eligible to buy
and own a firearm, I can do a face to face transaction
2. If the person has a C&R, but I do not, I can still
sell/send it to him without using a middle man dealer
(01 FFL).
A: A person may sell a firearm to an unlicensed
resident of his or her state, if the buyer is not
prohibited by law from receiving or possessing a
firearm, or to a licensee in any state. A firearm other
than a curio or relic may not be transferred interstate
to a licensed collector. [18 U.S.C. 922(a)(3)and (5),
922(b)(3), 27 CFR 178.29]
A person not licensed under the GCA and not prohibited
from acquiring firearms may purchase a firearm from an
out-of-state source and obtain the firearm if an
arrangement is made with a licensed dealer in the
purchaser's state of residence for the purchaser to
obtain the firearm from the dealer. [18 U.S.C.
922(a)(3)and (5), 922(b)(3), 27 CFR 178.29]
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