Why is it important to know what/who an RP is? See our customer map! THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE. The link here contains the names, telephone numbers, and state assignments of the FFLC Legal Instruments Examiners. No matter who you decide to declare as a responsible party, you need to make sure you declare at least one person. If a licensee refuses to comply by not letting the IOI enter the business premises or inspect their inventory and records, this conduct is considered a willful violation of the GCA and ATF will pursue revocation of the license. FFL123 has attempted to provide accurate information on this Website, but assumes no responsibility for the accuracy of the information. 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. (The employee does not have to be the owner or responsible person for the FFL.) In some instances, these people can guide the trust, remove trustees, and appoint trustees. 5841 generally requires each manufacturer to notify the NFA Division of the manufacture of a firearm. If you have questions about removing or adding a responsible person to your license, we recommend you contact your Legal Instruments Examiner at the Federal Firearms Licensing Center (FFLC). FFL requirements should be examined by applicants for a Federal Firearms License beginning with 27 CFR 478.41. 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). Unfortunately, there are many myths about getting a home based FFL from the BATF. Learn how your comment data is processed. For this reason, an ATF Form 4473 (5300.9) is not required to be completed, and no NICS background check is required, for onsite firearms rentals. We are not affiliated with the ATF or any government agency, and Our opinions are not binding upon any government agency. Ryan Cleckner is a former special operations sniper and current attorney specializing in firearms law/ATF compliance and is a firearms industry executive (former govt. Room 6N-518 ATF National Services Center ATF is represented by ATF counsel and the. Retain a copy of the ATF Form 3310.11 as part of your records. This does NOT mean that they are necessarily the compliance person.. 922(t); 27 CFR 478.102(d), 478.131, 478.134. To determine who you might wish to be a responsible party on your FFL license, you must first determine how you are going to set up your FFL license. 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 transfer of a replacement firearm of the same kind and type to the person from whom a firearm was received; or, The transfer of a firearm that is subject to the, Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)?, Are you under indictment or information in any court for a, Have you ever been convicted in any court, including a military court, of a, Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?, Have you ever been adjudicated as a mental defective, Have you ever been discharged from the Armed Forces under dishonorable conditions?, Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?, Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?, Have you ever renounced your United States citizenship?, Are you an alien who has been admitted to the United States under a nonimmigrant visa?, If you are such an alien do you fall within any of the exceptions stated in the instructions?, Transactions between licensees must be recorded in the Acquisition and Disposition (A&D) records of both licensees pursuant to. 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. . FFLs with any questions are encouraged to check with their local ATF field office before accepting certification letters from other officials. For the purposes of this guide, a Federal firearms licensee is referred to as you, a licensee, and FFL. Upon receipt of a firearms license, each licensee should carefully examine the license to make sure all information contained therein is correct. The form for adding an RP is ATF Form 7 (5310.12A). 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 . THIS LIMITATION SHALL INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, DAMAGES RESULTINGFROM:(I) THE USE OR THE INABILITY TO USE THEW EBSITE; c. OUR LIABILITY TO ANY VIEWER OR ANY THIRD PARTY WILL BE NO MORE THAN THE AMOUNT THAT ANY SUCH VIEWER(CUSTOMER) PAID FOR ANY PRODUCT SOLD OR MARKETED BY FFL123. ATF does not take reports of stolen firearms from private citizens. 3608-2016, the ATF places emphasis on the power and authority to direct the management and policies of the entity insofar as they pertain to firearms. (P. 4. When we, asNSSF ATF compliance consultants visit retailers, wealways need to know who the responsible person/s of record is/are. a. If you decide to set up a LLC, its usually the managers in the LLC who are listed as responsible parties. Phone: (800) 788-7133. The RP should sign and date the cover letter. TNVC/NGI Giveaway: 15 winners with over $7000 worth of prizes!! AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own. The simplest way is to give us a call at 512.450.9446 or email us at [email protected] for the addendum and more information. Applicable Laws and Regulations:27 CFR 478.45, 478.49, 478.50. Licensed collectors are not required to submit records. Even though we have the ATFs definition of a responsible person, its still pretty vague. 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. Martinsburg, WV 25405 This fact drives organizations like the Giffords Law Center and the Brady Center to Prevent Gun Violence crazy. I have a question regarding Responsible Persons that I'd appreciate if one of you FFL holders could take a minute to answer. The form must be accompanied by a current photograph of the responsible person(s) and fingerprints submitted on an FBI Fingerprint Card (FD-258). 15. Applicable Laws and Regulations: 18 U.S.C. If you have questions regarding this matter, please contact the ATF OOB Records Center. To get an FFL you must: Be 21 years of age or older, A U.S. citizen or permanent legal resident, Able to legally possess firearms and ammo, Not have ever violated the Gun Control Act, and. Theyve created a lot of misinformation. This supplement should also be used when adding RPs to an existing FFL. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm. DISPUTES. Licensees should refer to the State law in the State of licensure for conversion statutes of legal entities. may qualify as Responsible Persons under the law. Applicable Laws and Regulations: 18 U.S.C. Being that a trust is not a person but an entity. How do You Add a Responsible Person on an FFL? Have a place to conduct your firearms business. Fax: (304) 260-3676 or (304) 260-3671 In part, the amended regulations require applicants for dealers, manufacturers, or importers licenses to certify that secure gun storage or safety devices will be available at any place where firearms are sold to nonlicensed individuals, and that the gun storage or safety devices are compatible with the firearms offered for sale by the licensee. An FFL in any state can be a valuable asset for anyone who wants to , Hey there, fellow firearms enthusiasts and dealers! An ATF Form 2 cannot be submitted for an item or device that does not meet the definition of a NFA firearm (i.e., chunk of metal, unfinished tube, non-existent firearm, GCA firearm). However, Trust Protectors almost never have the power and authority to directly control the assets of the trust, and therefore they would not be able to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust., However, the strict language does not exclude people who dont meet the extended definition. WASHINGTON, D.C. NSSF, The Firearm Industry Trade Association, has awarded Freedom Outdoors, formerly known. If you have questions about removing or adding a responsible person to your license, we recommend you contact your Legal Instruments Examiner at the Federal Firearms Licensing Center (FFLC). A firearm frame or receiver is not a rifle or shotgun and may not be sold or transferred to a person less than 21 years of age. The name and address of the non-licensee or, if transferred to a licensee, the name and license number of the licensee to whom the firearm was transferred. P.O. Please do NOT submit firearms, firearms parts, ammunition, currency, State firearms records, etc. The FFL may designate additional employees to be primary users, and they will also be able to create and modify . Further, the rule makes clear that a notice of revocation of a Federal firearms license may be issued whenever the ATF Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee). However, licensees are prohibited from renting or lending firearms or ammunition to any person the licensee knows or has reasonable cause to believe is prohibited from receiving or possessing that firearm or ammunition. Thats why attorneys are well compensated. It's your job to make sure that someone working at your business is listed on your license at all times. One answer to that question is to exclude "Trust Protectors" from the definition of "Responsible Persons." A "Trust Protectors" is a person with high level checks on the trust and the trustees powers. The ATF prefers that you list multiple people on the license. There are no restrictions as to the purchasing law enforcement officers State of residence or agency location. The firearm must be for use within the scope of employment of the government personnel. See also, P. 14, 32, 114, 124, 145, 210-11). Waiting for ATF to direct you may be an alternative that works, but should never be a strategy you should adopt. You must terminate the transaction. Gun laws and regulations can be confusing. Consider conducting a full firearms inventory on a regular basis. Therefore, I would put only my information in part b, correct? The IOI may ask specific detailed questions regarding the activities of the particular corporate officer. Applicable Laws and Regulations: 27 CFR 478.94, 478.99(a). INDEMNITY. c. Each situation is different and We cannot possibly predict or understand every unique factual situation and/or nuance of local and state laws. I do realize that he can be added at a later date but I just wondered if there is any reason to look into it now. Licensed dealers and licensed pawnbrokers in Arizona, California, New Mexico and Texas MUST report to ATF on a Report of Multiple Sale or Other Disposition of Certain Rifles, ATF Form 3310.12 (Form 3310.12), all transactions in which an unlicensed person acquired, at one time or during five consecutive business days, two or more semi-automatic rifles larger than .22 caliber (including .223/5.56 caliber) with the ability to accept a detachable magazine. Steps IOI(s) conduct during inspections include, but are not limited to: At the conclusion of the inspection, the IOI will advise the licensee of any violations or discrepancies disclosed, if any. HARTFORD, CT (March 8, 2022) - Orchid and Williams Mullen's Firearms Industry Group announce industry attorneys and federal agency personnel will examine the responsibilities of an FFL "Responsible Person" at the 2022 Firearms Industry Conference (FIC), to be held in Atlanta on April 25-27. The ATF requires at least one Responsible Person (RP) and, in many cases, requires more than one RP. Choose people who have a vested interest in seeing your business succeed and are willing to take steps to ensure the preservation of your federal firearms license. 5 Common Mistakes that kill your chances of getting approved of your FFL. Started from home, now has 45 FFL Each licensed importer shall record the following in an A&D record for each acquisition of a firearm: Each licensed importer shall record the following in an A&D record for each disposition of a firearm to another licensee: Each licensed importer shall include the following in a separate A&D record for each disposition of a firearm to a non-licensee: The required acquisition information for each firearm imported or otherwise acquired shall be recorded within 15 days of the date of importation or other acquisition. NOT TO DO LIST. 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. More significant and problematic issues may arise in this scenario, like problems with the added persons background investigation. Manufacturing Firearms | When Is A License Required? Instead, you should make corrections on a photocopy of the page pertaining to the inaccurate ATF Form 4473. Applicable Laws and Regulations: 27 CFR 478.57, 478.127. Licensees shall retain each ATF Form 4473 for a period of not less than 20 years after the date of sale or disposition. 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 documents you'll need to remove a responsible person from your single shot trust are: 1. More people being responsible means a higher likelihood of compliance and communication with the bureau. This is in keeping with the definition of responsible person for Federal Firearm Licensees and would exclude employees who cannot control a company. ATF Ruling 2011-1 authorizes licensed importers to consolidate their records of importation or other acquisition of firearms and their separate firearms disposition records, provided all the requirements of the ruling are met. For additional information regarding the inspection process please go to Firearms Compliance Inspections | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov). All applications must have a responsible person. Applicants are denied if that line is left blank. How many Responsible Persons should be on an FFL license? 921(b) and 922(b); 27 CFR 478.11, 478.94, 478.96, 478.99(a), 478.102(a)(3) and 478.124(c). The date of firearm manufacture or other acquisition made. Subject to the last sentence of this paragraph, in any such arbitration, the parties shall be responsible for their own costs, expenses, and attorneysfees. A licensee may rent a firearm to a person for temporary use away from the licensees business premises for lawful sporting purposes. Categories: Education, Featured, Retailers, WASHINGTON, D.C. Employees of companies that support NSSF, The Firearm Industry Trade Association, at the highest level may apply for education aid through theRead More, Dont Miss the May 8 Webinar with NSSF Consultant Dale Krupinski The mismanagement of range health and safety issues can be devastating to your employeesRead More, The first U.S. Senate-confirmed director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in seven years sat for a three-hour Judiciary Committee hearingRead More, 2023 National Shooting Sports Foundation, Inc. All Rights Reserved. Licensed manufacturers (Type 07 and Type 10 FFLs) are required to keep A&D records in accordance with 27 CFR 478.123. Applicable Laws and Regulations: 18 U.S.C. If you are applying as a sole proprietor, only you can be the RP. This person or persons will have the authority to treat the FFL license as their own as well as being responsible for upholding the expectations of a FFL license holder. Naturally, a responsible person should be responsible. The best way to protect yourself and your business is to be as educated as possible. Wait and see is the best advice of the day. A sample A&D record is located at the end of this guide for your reference. A new application may be required if the error was on the part of the applicant. ATF National Services Center The amended regulation to require FFLs to certify that they have secure gun storage devices available to their customers. When applying for a license for each location, ATF would have been required the retailer to name someone at each location as a responsible person associated with the licensee prior to issuing the license. The GCA, section 922(m) and 924(a)(3)(A), make it unlawful for a licensee to knowingly make a false statement or representation with respect to any record or form required to be maintained by a licensee. National Tracing Center Prior to submission of records to OOBRC, please contact applicable State and/or local agencies regarding submission or disposal of state/local firearms records. However, you are required by 27 CFR 478.125 to maintain in your permanent records the disposition of such a replacement firearm. Applicable Laws and Regulations: 18 U.S.C. Businesses change all the time. The first sentence, which affects all entities, hinges on who has the power or authority to direct the management and policies of the entity as they relate to firearms. Applicable Laws and Regulations:27 CFR 478.41, 478.52. This is done by clicking the my profile tax, then the FFL / AECA / EIN Access tab. It is important that federally licensed firearms retailers ensure ATF is always informed of changes in the responsible person/s of record working at their store in the capacity of acquiring firearms, maintaining the firearms inventory, and keeping A&D records. Bureau of Alcohol, Tobacco, Firearms and Explosives The submission address is: Federal Firearms Licensing Center b. JURISDICTION. Will the person answer questions during ATF compliance inspections and have the authority to implement corrective action and solve compliance problems? FFL - Adding/Removing RP on FFL posted on January 18, 2019 Q: What is the proper procedure for adding or removing an RP from my FFL? Serial number of each complete firearm; and. How do You add a Responsible Person to an FFL? (Please also call FFLC and the National Tracing Center (NTC) at 1-800-788-7133 should you no longer wish to be licensed. A collectors license does not entitle the holder to engage in the business of dealing in firearms, including dealing in curio or relic firearms. 244 Needy Road 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. Information on this Website may contain inaccuracies or typographical errors, and may be changed or updated without notice. Under the final rule, it appears at first brush that mere ability to possess a firearm is not the determiner of a Responsible Person. Please see request a variance for firearms. View Answer 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. The dates of the military members transfer are identified on the PCS orders and must be inclusive of the date of the military members attempted firearm acquisition. You understand and agree that it is ultimately Your obligation to comply with federal, state, and local laws affecting the operation of Your firearms business. This means that they are the ultimate person (or one of the persons) responsible for ATF Compliance of the FFL. Have you ever tried to send or receive a firearm but werent sure how to do it? Possessory Trustees, can possess NFA firearms, not control the management and policies of the trust, and therefore not be a responsible person. We recommend that you refer to the most recent edition of ATF P 5300.5, State Laws and Published Ordinances Firearms for relevant State laws. 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. Viewer understands that the information on this Website was published and maintained from South Dakota. Information contained on a State firearms transfer document, or any other document, cannot be used in lieu of entering the information required on the ATF Form 4473. ATF 41F, the final implementation of ATF 41P, has raised many issues. A document containing the name, residence address, date of birth, and photograph of the person; A document that was made or issued by or under the authority of the U.S. Government, a State or local government, or a foreign government; A document that is of a type commonly accepted for the purpose of identification of individuals. 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. In your letter, include fingerprint cards (special instructions from the ATF are here) and photographs, as well as personal information: full legal name, position, social security number, home address (including addresses the person has had for the last five years), country of citizenship, place of birth (city and state or foreign country), date of birth, race and ethnicity, sex, and home telephone number. A few examples are sole proprietor, partnership, and LLC. Copyright 2010-2023, FastBound. The ATF explicitly notes that beneficiaries are excluded where they do not have the powers or authorities enumerated in this section. This note of exclusion lends credence to the argument that not all trustees are automatically Responsible Persons if it can be shown they do not have the capability to exercise the powers or authorities enumerated in this section.. Heres an explanation of responsible persons. Licensed importers and manufacturers must maintain permanent records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A. Guaranteed A change of control occurs when the licensed entity (e.g., XYZ, Inc.) remains intact but actual or legal control of the entity changes, directly or indirectly, by change of stock ownership or control, by operation of law, or in any other manner. This is a narrowing of the proposed definition which included any individual who possessed the power or authority . If they are purchasing a firearm as an individual, they will still have to satisfy the background check requirements. 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. One of the most important things for a FFL applicant to determine is what persons within the company will qualify as Responsible Persons (RPs). Each licensee must ensure compliance with all applicable Federal and State laws. TITLES. Terms of use|Corporate Headquarters: FFL123.com // 4901 N 4th Ave, Sioux Falls, SD 57104