Federal Firearms License
A Federal Firearms License, (FFL), is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States of America since the enactment of the Gun Control Act in 1968.
Contents |
[edit] Administration
This licensing system is administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. An application for an FFL is filed on ATF Form 7. There are presently eleven types of licenses available for issue.
Licenses are valid for three years, and are non-transferable. A separate FFL is required for each business premise.
[edit] Federal Firearms License types
| Type | Usage |
| Type 1 | Title 1 dealer or gunsmith |
| Type 2 | Title 1 dealer doing business as a pawnbroker |
| Type 3 | licensed collector of Curio & Relic (C&R) firearms |
| Type 6 | licensed manufacturer of ammunition and reloading components other than Armor Piercing ammunition |
| Type 7 | Title 1 manufacturer of firearms, ammunition and ammunition components other than NFA, Destructive Devices and Armor Piercing ammunition |
| Type 8 | importer of Title 1 firearms and ammunition |
| Type 9 | dealer in Title 1 firearms including NFA destructive devices, but no other NFA items |
| Type 10 | manufacturer of Title 1 firearms, ammunition and ammunition components, including NFA Destructive Devices but no other NFA items, and not including Armor Piercing ammunition |
| Type 11 | importer of Title 1 firearms, ammunition and NFA Destructive Devices, but no other NFA items |
[edit] Special Operations Tax Classes
| Class | Usage |
| Class 1 | importer of NFA firearms |
| Class 2 | manufacturer of NFA firearms |
| Class 3 | dealer of NFA firearms |
To get a Class 1 SOT status, you need an importer FFL, which includes Type 8, 11
To get a Class 2 SOT status, you need a manufacturer FFL, which includes Type 7, 10
To get a Class 3 SOT status, you need a dealer or manufacturer FFL which includes Type 1, 2, 7, 8, 9, 10 or 11
[edit] Collectors of Curio and Relic (C&R) Firearms
A special type of FFL is available to individual collectors of curio or relic (C&R) firearms. C&R firearms are defined in Title 27, Code of Federal Regulations, Part 478.11[1] as those "which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." An application for a C&R FFL is filed using ATF Form 7CR.
To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories:
- Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
- Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
- Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.
Some examples of C&R firearms are most manually-operated and semi-automatic firearms used by a military force prior to 1946. This includes most firearms used by the warring nations in World Wars I and II. However, the firearm must normally also be in its original configuration in order to retain the C&R designation, so for example, an unaltered Mauser Kar98k rifle used by the German Army in World War II would be considered as a C&R firearm, while the same rifle having been "sporterized" with a new stock and finish would generally not be considered a C&R firearm. This is an ambiguous point in how the license is currently administered. As long as the receiver (the part of the firearm that is regulated by the BATFE) is over 50 years old the firearm technically qualifies as a Curio & Relic. Individual license holders Interpret this different with some abiding by the 50 year old rule and some by only accepting what is on the list published by BATFE and BATFE only replies with the above 3 criteria for eligibility when inquiries have been made. Certain automatic weapons have been designated as C&R firearms, and although a C&R FFL can be used to acquire these as well, they are also subject to the controls imposed by the National Firearms Act of 1934. ATF maintains a current list [2] of approved C&R firearms on its website.
Licensed collectors (who have been issued a C&R FFL) may acquire C&R firearms in interstate commerce, e.g., via mail or phone order or the Internet, or in person. (This is especially important for collectors of pistols and revolvers since they may not otherwise be acquired outside a collector's state of residence.) However, the selling FFL dealer or collector must have a copy of the buyer's C&R FFL before the C&R firearm can be shipped to the licensed collector. Licensed collectors are not considered to be FFL dealers and have no special privileges concerning non-C&R firearms, nor may they "engage in the business" of regularly selling C&R firearms to persons who do not have an FFL. The purpose of the C&R license is to enable a collector to acquire C&R firearms for his/her personal collection and not to become a firearms dealer.
[edit] Conditions of Application
ATF will approve the application if the applicant:
- Is 21 years or older.
- Is not prohibited from handling or possessing firearms or ammunition
- Has not violated the Gun Control Act or its regulations
- Has not failed to disclose information or facts in connection with their application
- Has premises for conducting business or collecting
The applicant must also certify that:
- The business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located
- Within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business
- The business will not be conducted under the license until the requirements of State and local law applicable to the business have been met
- The applicant has sent or delivered a form to the chief law enforcement officer where the premises are located notifying the officer that the applicant intends to apply for a license.
- Secure gun storage and safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees
[edit] Application Fees
[edit] Non-Destructive Devices
| Licensee | Application | Renewal |
| Manufacturer | $150 | $90 |
| Importer | $150 | $90 |
| Pawnbroker | $200 | $90 |
| Dealer | $200 | $90 |
| Collector | $30 | $30 |
[edit] Destructive Devices
| Licensee | Application | Renewal |
| Manufacturer | $3000 | $3000 |
| Importer | $3000 | $3000 |
| Dealer | $3000 | $3000 |
[edit] Ammunition
| Licensee | Application | Renewal |
| Manufacturer | $30 | $30 |
Importers and manufacturers of machine guns, short-barreled rifles and shotguns, and destructive devices must also pay a special occupational tax of $500 per year if gross revenues do not exceed $500,000, and $1,000 if revenues exceed $500,000.
[edit] See also
[edit] Firearms
[edit] Related Law Articles
- Form 4473
- Gun law in the United States
- Gun Control Act (1968)
- Firearm Owners Protection Act (1986)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Straw purchase
- Bull's Eye Shooter Supply (illustrating the potential problems that federally licensed gun shops might face)
[edit] External links
- National Licensing Center on ATF Online
- FFLeZCheck system for verifying FFL validity
- Federal Firearms Licenses A compiled list of FFL holders
- NRA-ILA Factsheets: Federal Firearms License
- NRA-ILA Factsheets: Federal Gun Laws
