Its very important that applicants for a Federal Firearms License get this right. g. Viewer is any individual or entity that views, receives, prints, distributes, otherwise uses/views the contents of this Website whether in electronic or printed form, orotherwise interacts with FFL123. If the new license does not arrive by your expiration date, ATFs FFLC can issue a Letter of Authorization to establish proof of your licensed status to other FFLs. A Responsible Person (RP) is someone who has the authority and power to direct firearm compliance decisions and operations for an FFL. As the trustor, you'll need to submit documents stating that you want that responsible party removed. See ATF Ruling 2001-5. The knowing submittal of an ATF Form 2 prior to the manufacture of a NFA firearm as defined by the Act is a violation of law and may be referred for prosecution. Being that a trust is not a person but an entity. 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? Click to email a link to a friend (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on LinkedIn (Opens in new window). Can You Legally Buy a Gun for Someone Else? ATF will also take action to revoke the license of an FFL that knowingly engages in a criminal violation of the federal firearms laws. 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. By clicking "Accept" or using our website, you consent to the use of cookies unless you have disabled them. However, if a military member maintains a home in one State and has a permanent duty station in another State to which he or she commutes each day, the military member is a resident of both states and may purchase a firearm in either State. The reason for this is to make sure that the current responsible person/s are still employed by or associated with the retailer, as well as verifying that no newly named responsible persons have been added without being reported to ATF. Certainly there are times when employees would be Responsible Persons. However, there are many others when they would not. A similar scenario sometimes occurs when a retailer has a second location in another city. Viewers should not use this Website to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Adding or removing "Responsible Persons" - NFA Tracker A&D records must include information about the receipt, sale, or other disposition of firearms. It's important to know that modern sporting rifles are semi-automatic in function--they are NOT automatic rifles. e. Rely on any information provided to You as legal or tax advice, or rely on this Website to avoid compliance with laws that may be applicable to You. 922(t)(1)(C); 27 CFR 478.11, 478.102, 478.124. 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.). Learn how your comment data is processed. ATF encourages licensees to implement safety and security measures to prevent the theft or loss of any firearm which includes alarm and video surveillance systems. Email: StolenFirearms@atf.gov. The operative word is the underlined and and how it is interpreted. So long as You agree to these Terms and Conditions, We grant You a limited non exclusive, non transferable personal license to access the public content on this Website. Instead, the business or entity is technically the holder of the FFL (even if a sole proprietorship) and the RPs are the employees that work for the entity that has the FFL. NSSF works on behalf of every one of its members every day to strengthen our industry. The ATF requires at least one Responsible Person (RP) and, in many cases, requires more than one RP. Applicable Laws and Regulations: 18 U.S.C. Federal Firearms Licensee Quick Reference and Best Practices Guide 5842, requires licensed manufacturers and importers to mark firearms manufactured or imported with specific identifying information as set forth in 27 CFR 478.92 and 27 CFR 479.102. 2021 FFL123.com Is A Registered Trademark & Our Guides Are Copyright Registered. Using the words indirectly and phrases such as power to direct or cause the direction, leaves lots of room for interpretation of who exactly will fall under the definition. Theres no official definition in the Gun Control Act of 1968, so we have to go by the ATFs interpretation from 18 U.S.C. Businesses that have multiple stores or a significant online presence often employ a compliance office who might be listed as a responsible person.. . They've created a lot of misinformation. The only thing the law embraces is legally making a "person" responsible. a. This category only includes cookies that ensures basic functionalities and security features of the website. 921(b); 27 CFR 478.11. However, ATF suggests that the licensee retain an invoice or other receipt of such transaction to reflect the quantity and the description of the firearm(s), including type, manufacturer, model, caliber or gauge, and the serial number. 3608-2016, P. 16). A final rule to implement certain provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 amends the regulations in title 27, Code of Federal Regulations (CFR), part 478. If you file your renewal before the license expiration date, you may continue to operate until you receive your new license. ATF IOIs routinely work with industry groups and individual licensees to promote compliance and reduce the likelihood of violations occurring that may result in revocation of a license or other administrative action. 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. For additional information regarding the revocation of firearms licenses please go to Revocation of Firearms Licenses | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov). Prior to submission of records to OOBRC, please contact applicable State and/or local agencies regarding submission or disposal of state/local firearms records. You must not record information in your required records that you know is false or that you have reason to believe is false. Phone: (866) 662-2750. 244 Needy Road In general, a RP is a person who has "authority" with respect to the daily activity of the firearms business. The simplest way is to give us a call at 512.450.9446 or email us at trust@silencershop.com for the addendum and more information. Think of a big box store selling firearms (Dick's, Cabela's, etc.). Martinsburg, WV 25405 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.. Larger companies with multiple divisions and corporate officers would have to list all of them, even if they had nothing to do with firearms. 4. Listing "Responsible Persons" on Your Federal Firearms License The loan or rental of a firearm for use away from your licensed premises; or. The documents you'll need to remove a responsible person from your single shot trust are: 1. If you are applying as a sole proprietor, only you can be the RP. Phone: (800) 788-7133. A NICS check MUST be conducted before: Failure to conduct a background check has a significant impact on public safety. The licensee in the buyers State of residence is responsible for the ATF Form 4473 and NICS background check. Technically, responsible persons are designated on a case-by-case basis. Email: MultipleHandgunSalesForms@atf.gov. However, upon expiration of the license, the corporation or association must file an Application for Federal Firearms License, ATF Form 7/7CR (5310.12/5310.16) (Form 7/7CR), as required by 27 CFR 478.44. n addition to providing the documentation of the existence of the trust or other legal entity (including a copy of the FFL license, if any), the applicant must electronically provide a photograph and completed ATF Form 5320.23, NFA Responsible Person Questionnaire (RPQ), for each responsible person (see definition 1.e on the instruction page . ATF National Services Center 922(y): Please note that a nonimmigrant alien without residency in any State may not purchase and take possession of a firearm. In order to comply with the regulation at 478.127 and to ensure required records are appropriately completed, ATF encourages the following when surrendering records to the Out-of-Business Records Center (OOBRC): Applicable Laws and Regulations: 27 CFR 478.129. NSSF initiative, Operation Secure Store, is helping to decrease firearm burglaries, recently down 25%. 14. Since all records contain customers Personally Identifiable Information (PII), ATF recommends that licensees utilize a contract carrier (e.g., UPS, FedEx, etc.) The firearm must be for use within the scope of employment of the government personnel. Fax: 1-877-283-0288 There are some circumstances where the business owner wouldnt be listed as a responsible person on the FFL. If the ATF investigates and discovers that the "responsible person" quit last month, you may receive a violation. a. VIEWER EXPRESSLY UNDERSTANDSAND AGREES THAT FFL123 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA, SOFTWARE OR OTHER INTANGIBLELOSSES(EVEN IF FFL123 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 12. The responsible persons line on ATF Form 7 (your FFL application) can be a bit confusing. From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm. The commercial record must be (1) maintained by the licensee separated from other commercial documents maintained by such licensee and (2) readily available for inspection at the licensed premises. Listing "Responsible Persons" on Your Federal Firearms License The A&D records should reflect the transfer to the out-of-State FFL to whom the firearm was shipped, and not to the end purchaser. The sale or other disposition of a firearm shall be recorded not later than the seventh day following the transaction. 922(g), (y); 27 CFR 478.11, 478.29(a), 478.32, 478.99. (d) The reports required by paragraph (b) of this section must be retained as part of a licensee's or permittee's permanent records for the period specified in 555.121. A person has given you reason to believe he or she is prohibited, and the transaction must be stopped, if the person answers: Yes to a question on the ATF Form 4473 (5300.9) that asks: Yes to the question on the ATF Form 4473 (5300.9) that asks: No to the question on the ATF Form 4473 (5300.9) that asks: You MAY NOT sell or transfer a firearm or ammunition to persons prohibited from receiving or possessing firearms or ammunition as described below. Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. In preparation to use the latest iteration of ATF Form 4473, NSSF encourages FFLs and, Expand your business.