In many cases, its safer to assign more responsible persons than you feel are necessary for your business, just in case theres a problem. A Responsible Person (RP) is someone who has the authority and power to direct firearm compliance decisions and operations for an FFL. The responsible person becomes part of that FFL and can manufacture under that FFL just like an employee of that business can. It frequently happens that these persons eventually leave the employ of the retailer and a new, on-site responsible person is not reported to ATF. Adding a responsible person to an FFL is fairly straightforward. 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? [ARCHIVED THREAD] - Question regarding Responsible Persons on FFL application. Please see the Sale of Business or Going Out of Business section on page 27 of this guide regarding the delivery of your records upon discontinuance of your business.). Businesses change all the time. For questions concerning unlawful activities, contact the ATF Field Divisions below: NOTICE: The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. a. An ATF Form 3 or an ATF Form 4 cannot be submitted until the NFA item is manufactured and the associated Form 2 has been submitted. We get it theres a lot of confusion about Responsible Persons on FFLs. 922(b)(3), (d), (x); 27 CFR 478.97, 478.99, 478.102, 478.122, 478.123, 478.124, and 478.125. If the firearms dealer is out of business and your inquiry is in reference to a stolen firearm, contact your local police department. Here ATF states clearly that Responsible Persons applies to those who possess the power or authority to direct the management and policies of an entity insofar at they pertain to firearms. But, the ATF asserts that Trusts differ from legal entities in that those possessing the trust property trustees are also the individuals who possess the power and authority to direct the management and policies of the trust insofar as they pertain to trust property, including firearms. This single sentence appears as the lynchpin in the ATFs reasoning that anyone who can possess a firearm in a trust can ergo control the management of the trust. Federal Firearms Licensing Center 2. 922(y): Please note that a nonimmigrant alien without residency in any State may not purchase and take possession of a firearm. When a discontinued firearms or ammunition business is succeeded by a new licensee, firearms records should be marked to show this fact and must be delivered to the successor. Listing "Responsible Persons" on Your Federal Firearms License Thanks from an IL resident (so no type 01 for me). The GCA generally exempts government agencies from the transportation, shipment, receipt, possession, or importation controls of the GCA when firearms or ammunition are imported for, sold or shipped to, or issued for use of, the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. Generally, the term includes partners, sole proprietors, site managers, corporate officers and directors, and majority shareholders.. For starters, consider the definition found in 27 CFR 479.11: In the case of an unlicensed entity, includingany trust, partnership, association, company (including any LimitedLiability Company (LLC)), or corporation, any individual who possesses,directly or indirectly, the power or authority to direct the managementand policies of the trust or entity to receive, possess, ship,transport, deliver, transfer, or otherwise dispose of a firearm for, oron behalf of, the trust or legal entity. When ATF does pursue revocation, the procedures specified under Title 27 of the Code of Federal Regulations, Part 478 (27 CFR 478), are followed. A responsible Person is: Any other non-exempt transfer of a firearm. Applicable Laws and Regulations: 18 U.S.C. Licensees may report new responsible persons by filing an ATF Form 7/7CR, Part B - Responsible Person Questionnaire (RPQ) with the Chief, FFLC. I am so confident that youll benefit from the FFL INSIDER REPORT, that I would like to present to you for FREE! Applicants for a Federal Firearms License must indicate all "Responsible Persons" (RP) on the ATF Form 7 (Application for a Federal Firearms License). The required disposition information must be recorded in your A&D record no later than seven days following the date of the sale or other disposition. However, exceptions to the 922(g)(5)(B) prohibition are provided in the GCA, 18 U.S.C. If the FFL is qualified to do business in NFA firearms, the FFL may not lawfully conduct business in NFA firearms at the new location without the approval of the Chief, NFA Branch. Why is it important to know what/who an RP is? Licensees may not sell or deliver a firearm or ammunition to a person who the licensee knows or has reasonable cause to believe is less than 18 years of age, and may not sell or deliver a firearm other than a rifle or shotgun - or ammunition for other than a rifle or shotgun - to a person who the licensee knows or has reasonable cause to believe is less than 21 years of age. 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. ATF is represented by ATF counsel and the. ATF National Services Center Phone: (866) 662-2750. In Federal law enforcement offices, the supervisor in charge of the office to which the Federal officer or employee is assigned. The guy behind the counter is not a responsible person under that businesses FFL. Retailers should carefully review their structure to make sure that all persons who truly have the power to direct the firearms business have been designated as responsible persons and that each licensed location has its own responsible person/s. The date of importation is the date the firearm is released from U.S. Customs custody. Licensees should refer to the State law in the State of licensure for conversion statutes of legal entities. You need to hire a lawyer licensed to practice law in Your state for legal advice, andhirea qualified tax professional licensed in Your state for tax advice. ATF National Services Center This document is intended only to provide clarity to the public regarding existing requirements under the law or Department policies. It is vital that FFLs comply with all laws and regulations, both to protect their communities from violent crime and to maintain their license. The operative word is the underlined and and how it is interpreted. The "responsible persons" line on ATF Form 7 (your FFL application) can be a bit confusing. 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 . 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. Order No. 921(b) applies only to members of the Armed Forces, not their spouses or other dependents. ATF encourages FFLs to provide customers with the following useful publications which can be ordered from the ATF Distribution Center or downloaded from ATF's website. Obama believed criminals could get weapons by hiding in trusts. During the FFL application review, ATF investigators make sure there you have included everyone who should be. Of course, the safe option is to submit Responsible Person forms for every trustee, but I am sure somebody will want to push the issue to learn just who is a Responsible Person when it comes to trustees. Licensees must accurately complete all sections of each ATF Form 4473 (5300.9) under the heading: Must Be Completed By Transferor/Seller. Licensees must also complete ATF Form 4473 Firearms Transaction Record Continuation Sheet (5300.9A) if more than three firearms are involved in a single transaction. The new business entity must submit an application to the FFLC, and receive a firearms license, prior to beginning operations requiring an FFL. Anexample of who may be excluded from this definition of responsibleperson is the beneficiary of a trust, if the beneficiary does not havethe capability to exercise the powers or authorities enumerated in thissection. 922(t)(5). You are not required to obtain an ATF Form 4473 for the following sales and other transfers: Before you transfer any firearm, it is YOUR responsibility to make sure that the buyer or transferee provides ALL information required in each section of the ATF Form 4473 (5300.9; and, if needed, 5300.9A) under the heading: Must Be Completed Personally By Transferee/Buyer.. If your mailing address changes:You should notify ATF as soon as possible by sending a letter advising of the new mailing address to: Chief, FFLC If applying as a corporation, partnership, etc, you can add as many RP's as you want, but be aware an RP is "A responsible person is: In the case of a . Merting.) Having a complete and perfected application streamlines the process, and eliminates possible barriers to licensing before ATF receives the FFL application. A buyer or transferee may only make changes or corrections on the photocopy to the sections of the form completed by the buyer/transferee. FFL eZ Check does not validate Type 03 (Collectors of Curios and Relics) and Type 06 (Manufacturer of Ammunition) licenses. There are no restrictions as to the purchasing law enforcement officers State of residence or agency location. Some regulatory violations of the GCA pose inherent public safety risks and, when willfully committed, will result in ATF taking action to revoke the license of the offending FFL. All attempts to check the validity of Type 03 and Type 06 licenses will result in an error message, even though the license may be valid. The form for adding an RP is ATF Form 7 (5310.12A). Trust Your Guns: A firearms, business, and ITAR knowledgeable law practice, Posted onFebruary 15, 2016February 15, 2016AuthorMerting. One important way licensees can promote public safety is by educating customers. If the DIO decides that the license should not be revoked, ATF will notify the licensee in writing. Anyone with management power of your business in regards to firearms is a responsible person., Note that you dont have to list persons who arent associated with firearms. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. New fee structure on May 1 will make mortgages cheaper for some and The application of the term business day is, therefore, distinguishable from the term business day as used in the NICS context. Responsible Person for FFL Guide [2023] - ATF Requirements Expand your opportunities. a. AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own. Inspections are generally unannounced, occur during the licensees business hours, and may also include an inspection of off-site storage locations, if any. You can absolutely be an FFL dealer as a home-based business. Noteregarding military dependents: ATF advised in its November 2012 FFL Newsletter, PCS Orders and Military Dependents Purchasing Firearms, that 18 U.S.C. As if legislation wasnt hard enough to understand, sometimes the ATF is forced to interpret laws that were left vague. Under some scenarios, this task can become a difficult problem for the prospective licensee. Note: Licensees can only deliver a firearm to the person listed as the transferee on the ATF Form 4473 and NOT a spouse, relative, or other representative of that person. Any responsible person can add another responsible person to the license. This supplement should also be used when adding RPs to an existing FFL. In the first sentence, it is noteworthy to point out that employees are not included. Applicable Laws and Regulations: 18 U.S.C. View Answer 27 CFR 555.57 - Change of control, change in responsible persons, and Martinsburg, WV 25405 Common examples of acceptable identification documents are a valid drivers license or a valid State identification card. The GCA, section 922(m), also makes it unlawful for a licensee to knowingly fail to make appropriate entry in, or properly maintain, a required record. You just need to write to the appropriate Federal Firearms Licensing Center (use this map to determine which is right for you). The ATF doesnt charge a fee for the Part B application. I do realize that any manufacturing would require an upgrade to 07 FFL but for right now. FFL - Adding/Removing RP on FFL - FFLGuard 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. You may also deliver your records to the ATF office that serves the area where your business was located. You covenant and agree that You will not: 8. Theyve created a lot of misinformation. info@ffl123.com. These lost firearms are different from stolen firearms because there is no indication that they were stolen. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE. The licensee must ensure each ATF Form 4473 is completed correctly in accordance with the instructions on the form. Federal law requires that licensees conduct a National Instant Criminal Background Check System (NICS) background check for every transfer of a firearm to a non-licensee unless the transferee qualifies for one of the exceptions listed in 18 U.S.C. FFLs/SOTs must maintain their registration documents in chronological order at their place of business. Applicable Laws and Regulations: 27 CFR 478.121, 478.122, 478.124, 478.125, and 478.129. A Responsible Person (RP) is someone who has the authority and power to direct firearm compliance decisions and operations for an FFL. Even if you do have a LLC owning the FFL license, there has to be a living person who will be entering information into the A&D book and running the background checks, thereby making said person eligible to be a responsible party. This site uses Akismet to reduce spam. Licensees are reminded to exercise due diligence to ensure that PCS orders, whether electronic or paper, reflect a PCS and not a temporary move or deployment (TDY). Licensed manufacturers (Type 07 and Type 10 FFLs) are required to keep A&D records in accordance with 27 CFR 478.123. The link herecontains the names, telephone numbers, and state assignments of the FFLC Legal Instruments Examiners. 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. To reduce or eliminate violations resulting from unaccounted firearms, please consider the following best practices to ensure accountability of your firearms inventory: Applicable Laws and Regulations: 27 CFR 478.39a. The ATF F 7 (Application for a Federal Firearms License) states the definition of a Responsible Person in the instructions section of the form. The definition for a responsible person is found in the ATF regs at 27 CFR 555.11: Responsible person. Intentionally misleading an agency or public official may be punishable as a criminal offense and/or a civil fine/forfeiture. Therefore, it is again not clear that a person who does not meet the extended definition for a trust, but meets the basic definition for all entities, would not be included as a Responsible Person., Almost as in recognition of this confusion, the ATF continues their definition with examples of who is, and is not, a Responsible Person.. 7. Also, the definition seems to be somewhat ambiguous. (b) Each person holding the license or permit must report to the Chief, Federal Explosives Licensing Center, any change in responsible persons or employees authorized to possess explosive materials. How many Responsible Persons should be on an FFL license? PRICING. results or there is no fee. Based on the evidence, testimony and exhibits presented at the hearing by the licensee and ATF, the DIO decides whether to continue with the revocation. Contrary to popular belief, it is perfectly legal for a law-abiding citizen of the United States to own/possess a machine gun (sometimes called a full-auto firearm or automatic weapon). may qualify as Responsible Persons under the law. Prior to submission of records to OOBRC, please contact applicable State and/or local agencies regarding submission or disposal of state/local firearms records. Any communication any Viewers ends Us shall be deemed to be readily accessible to the general public. There is a fee for filing a civil action in federal court. The licensee is not required to submit a new application for an FFL as the result of a change of control but must provide notification to the FFLC within 30 days of such change. Technically, responsible persons are designated on a case-by-case basis. ATF Ruling 2016-3 authorizes licensed manufacturers to consolidate their records of manufacture or other acquisition of firearms and their separate firearms disposition records, provided all conditions in the ruling are met. We have a simple method to help determine who should be a responsible person in our Get Your FFL & ATF Compliance courses. 922(t); 27 CFR 478.102(d), 478.131, 478.134. In lieu of sending a letter request, FTISB recommends that licensees submit marking variance requests on ATF Form 3311.4, Application for Alternate Means of Identification of Firearm(s) (Marking Variance), via email to marking_variances@atf.gov. 923; 27 CFR 478.23, 479.22. Licensed collectors may acquire curio or relic firearms from any licensee or non-licensee. ATF recommends that the licensee verify that the order is an official request by the law enforcement agency. Such records shall be maintained in the form and manner as prescribed by 478.124 and 478.125 in regard to firearms transaction records and records of acquisition and disposition of firearms. Licensed importers (Type 08 FFL) are required to keep A&D records in accordance with 27 CFR 478.122. Will the person answer questions during ATF compliance inspections and have the authority to implement corrective action and solve compliance problems? To Obtain Assistance Regarding Your License: An ATF Form 4473 must be completed when you: Note: You may only transfer a firearm to the person who completed the ATF Form 4473 and NOT to a spouse, relative, or other representative of that person. Others have recognized that it is possible to have a lower class of trustees, much like lower level employees, who have the ability to possess firearms but do not have the power or authority to direct the management and policies of the trust. (This is exactly the position of Possessory Trustees in Firearm Collector Trusts drafted by R.K. ATF recommends that the fingerprint card be processed by an individual regularly accustomed to fingerprinting. We hear questions about RPs like: Well cover these questions in this Responsible Person Guide. Who's Your Responsible Person? - Robert K. Merting - Attorney at Law You must not record information in your required records that you know is false or that you have reason to believe is false. WASHINGTON, D.C. NSSF, The Firearm Industry Trade Association, has awarded Freedom Outdoors, formerly known. Once reconciliation is completed, the A&D Record Book should be updated accordingly, and all open dispositions closed out with an appropriate entry. 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. You wont need to worry about designating another person as a responsible party on your FFL. you can add an RP when you apply for the FFL by including their paperwork, fingerprints, and photos with the application, or, you can add (and/or remove) an RP at any time with the ATF. Required fields are marked *. It may be beneficial to look at the problem from the perspective of authority and responsibility. out how we can help you get licensed. Fingerprints must be clear in order to conduct an accurate background check. 921(b); 27 CFR 478.11, 478.21, 478.102, and 478.124. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Until then, avoid the whole issue and get your transfers submitted now! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I operate my FFL business online, at gun shows and operations in several states. Copyright 1996-2023 AR15.COM LLC. Think of a big box store selling firearms (Dick's, Cabela's, etc.). ATF National Services Center We think it is smart to always have more than one responsible person on every FFL. 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. See frequently asked questions on FFL. Pursuant to 27 CFR 478.129(d), manufacturer records of sale or other disposition of firearms shall be retained for 20 years. Consider conducting a full firearms inventory on a regular basis. The name and license number of the licensee to whom transferred; and. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. For each firearm you sell or otherwise dispose of, you must completely and accurately record the following information in your A&D record: Alternatively, if you file your ATF Forms 4473 in numerical (transaction serial number) order in accordance with 27 CFR 478.124(b), you may record your internal ATF Form 4473 number in the A&D record in lieu of recording the name and address of the non-licensee to whom you sold or transferred the firearm. However, if State law or local ordinances establish a higher minimum age for the purchase or disposition of firearms, the licensee must observe the higher age requirement. See also ATF Ruling 2001-5. e. You are responsible to monitor changes in the law and make sure Your business operation complies with the laweven after You obtain Your ATF license. FFL123 has attempted to provide accurate information on this Website, but assumes no responsibility for the accuracy of the information. Upon arriving at the licensees business premises, IOI(s) will introduce themselves to the licensee, show their ATF credentials, provide their contact information, and conduct an opening conference with the industry member. (240) 828-5316www.atf.gov/distribution-center-order-form, To Obtain Assistance with Out of Business Records: THIS WEBSITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULL ESTEXTENT POSSIBLE PURSUANT TO APPLICABLE LAW. NOT TO DO LIST. If Your credit card has already been charged by Us for the purchase and Your order is canceled by Us, FFL123 shall immediately issue a credit to Your credit card account in the amount of the charge. 3608-2016, P. 16). You must not transfer a firearm to any person who provides information on an ATF Form 4473 or other required record that you know is false or have reason to believe is false. Failure to do so can result in the revocation of their license. Transfer of a replacement firearm of the same kind and type to the person from whom a firearm was received. ATF considers the following persons as having authority to certify the eligibility of law enforcement officers: Certification letters may be signed by persons other than those listed above, provided there is a proper delegation of authority. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Monday Friday7:00 AM 6:00 PMPacific Time. An active duty military member may also be a resident of a State other than where his/her permanent duty station is located. Whoever has authority over firearms in the business also has responsibility, as far as the ATF is concerned. AGREEMENT. Website shall include any information contained upon. One of the most commonly misunderstood terms in firearm sales is the responsible person. The ATF adjusted their definition of this term back in 2013, so even if youve heard it before, you should revisit it.
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