Federal Firearms License
Encyclopedia
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 of 1968
.
Class 1 SOT status requires an importer FFL, either Type 8 or 11.
Class 2 SOT status requires a manufacturer FFL, either Type 7 or 10.
Class 3 SOT status requires a dealer or manufacturer FFL, either Type 1, 2, 7, 8, 9, 10, or 11.
, Part 478.11 as those "...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:
C&R firearms include 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 War I
and World War II
. However, the firearm must normally also be in its original configuration to retain the C&R designation. So, for example, an unaltered Mauser
Karabiner 98k
rifle used by the German Army
in World War II is a C&R firearm—but the same rifle "sporterized" with a new stock and finish is generally not considered a C&R firearm. There is an ambiguous point in how the license is currently administered, in that some firearms altered by the militaries that issued them have been confirmed by the BATFE to retain C&R status, though whether this applies to all such conversions (the examples given by the BATFE were the Spanish M1916 Guardia Civil, FR-7, and FR-8 Mausers) also remains ambiguous. However, as long as the receiver (the part of the firearm that is regulated by the BATFE) is over 50 years old (was manufactured before ) the firearm qualifies as a Curio & Relic — the BATFE states explicitly that, in addition to newer firearms it individually approves, firearms automatically achieve C&R status upon turning 50. 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 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.
In regard to conversions; certain pistols have been approved for sale with added safety conversions (i.e. Polish and Romanian Tokarev pistols, to which a manual safety was added to meet import requirements). Certain other modifications, such as period sporterisations, are arguably C&R qualified as they represent the gun culture of the period. An example would be a Lee-Enfield
or 98K Mauser
military rifle that had been converted into a continental style sporter before World War II. These common conversions occurred more than 50 years ago, and represent a sub-type of special interest to collectors.
made in or before 1898 ("pre-1899") are generally outside of Federal jurisdiction, and may be bought and sold across state lines without a FFL. The only exceptions are short-barreled rifles and shotguns, and machineguns made in and before 1898, which are regulated under the National Firearms Act
of 1934. Unlike C&R guns, antique guns can be re-arsenalized, sporterized, re-barreled, or re-chambered, yet they will still retain their Federally-exempt status. Even if every part except the receiver is replaced, a pre-1899 firearm still qualifies as an antique. FFL holders have been directed not to enter Pre-1899 antique guns into their Bound Books.
or eForm 4473 "Firearms Transaction Record" documents, for a period of not less than 20 years after the date of sale or disposition. When retiring or otherwise relinquishing a license, these records are sent to the BATFE's Out-of-Business Records Center. Licensed collectors are not required to send their records to the BATFE when relinquishing their license. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handgun
s to a person in a five business day period must be reported to ATF on Form 3310.4
.
The applicant must also certify that:
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.
License
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
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 of 1968
Gun Control Act of 1968
The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...
.
| Type | Usage |
|---|---|
| Type 1 | Title 1 dealer or gunsmith other than destructive devices. Can also deal in Title II NFA National Firearms Act The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The... firearms with class 3 tax stamp. |
| 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 Armor-piercing shot and shell An armor-piercing shell is a type of ammunition designed to penetrate armor. From the 1860s to 1950s, a major application of armor-piercing projectiles was to defeat the thick armor carried on many warships. From the 1920s onwards, armor-piercing weapons were required for anti-tank missions... |
| Type 7 | Title 1 manufacturer of firearms, who can also act as dealer, other than Destructive Devices, ammunition and ammunition components other than Armor Piercing ammunition. Can also manufacture & deal in Title II NFA National Firearms Act The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The... firearms with class 2 tax stamp. |
| Type 8 | Importer of Title 1 firearms and ammunition. Can also import Title II NFA National Firearms Act The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The... firearms with class 1 tax stamp. |
| Type 9 | Dealer in Title 1 firearms including NFA destructive devices. Requires payment as an SOT Class 1 (can act as an NFA Dealer). To deal/broker any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Dealer of High Explosives. |
| Type 10 | Manufacturer of Title 1 firearms, ammunition and ammunition components, manufacturer of NFA Destructive Devices, ammunition for Destructive Devices, and Armor Piercing ammunition (can act as a dealer). Requires payment as an SOT Class 2 (can act as an NFA Dealer). To manufacture any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Type 20 Manufacturer of High Explosives. |
| Type 11 | Importer of Title 1 firearms, ammunition, NFA Destructive Devices, ammunition for Destructive Devices, and armor-piercing ammunition. Requires payment as an SOT Class 1 and registration with the U.S. Department of State as a Broker under ITAR/D-TRADE. To import any DD with an explosives content (i.e. flash-bangs), requires an additional FFL as an Importer of High Explosives. |
Special Occupational Tax Classes
| Class | Usage |
| Class 1 | importer of NFA firearms |
| Class 2 | manufacturer & dealer of NFA firearms |
| Class 3 | dealer of NFA firearms |
Class 1 SOT status requires an importer FFL, either Type 8 or 11.
Class 2 SOT status requires a manufacturer FFL, either Type 7 or 10.
Class 3 SOT status requires a dealer or manufacturer FFL, either Type 1, 2, 7, 8, 9, 10, or 11.
Collectors of Curio and Relic (C&R) Firearms
A special type of FFL is available to collectors of curio or relic (C&R) firearms. C&R firearms are defined in Title 27, Code of Federal RegulationsCode of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
, Part 478.11 as those "...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 manufactured more than 50 years prior to the current date, not including replicas
- Firearms certified by the curator of a municipal, State, or Federal museum that exhibits firearms as curios or relics of museum interest
- Any other firearms that 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 requires 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.
C&R firearms include 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 War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
and World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. However, the firearm must normally also be in its original configuration to retain the C&R designation. So, for example, an unaltered Mauser
Mauser
Mauser was a German arms manufacturer of a line of bolt-action rifles and pistols from the 1870s to 1995. Mauser designs were built for the German armed forces...
Karabiner 98k
Karabiner 98k
The Karabiner 98 Kurz was a bolt action rifle chambered for the 8x57mm IS/7.92×57mm IS cartridge that was adopted as the standard service rifle in 1935 by the German Wehrmacht. It was one of the final developments in the long line of Mauser military rifles...
rifle used by the German Army
German Army
The German Army is the land component of the armed forces of the Federal Republic of Germany. Following the disbanding of the Wehrmacht after World War II, it was re-established in 1955 as the Bundesheer, part of the newly formed West German Bundeswehr along with the Navy and the Air Force...
in World War II is a C&R firearm—but the same rifle "sporterized" with a new stock and finish is generally not considered a C&R firearm. There is an ambiguous point in how the license is currently administered, in that some firearms altered by the militaries that issued them have been confirmed by the BATFE to retain C&R status, though whether this applies to all such conversions (the examples given by the BATFE were the Spanish M1916 Guardia Civil, FR-7, and FR-8 Mausers) also remains ambiguous. However, as long as the receiver (the part of the firearm that is regulated by the BATFE) is over 50 years old (was manufactured before ) the firearm qualifies as a Curio & Relic — the BATFE states explicitly that, in addition to newer firearms it individually approves, firearms automatically achieve C&R status upon turning 50. 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
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
of 1934. ATF maintains a current list 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.
Curio & Relic Compliance Inspections
"(D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designed for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained." ATF 2005 Regulations page 18. (ATF Publication 5300.4) Licensed collectors may also elect to have the inspection conducted at their homes. While C&R compliance used to consist of just bringing the bound book to the appropriate office, Inspectors are now (2009) often requiring that collectors bring their inventory (collection) to their office if they can not inspect them in the home.Conversion of C&R firearms
Any firearm sold as a C&R weapon once changed out of its original configuration cannot be resold as a C&R weapon.In regard to conversions; certain pistols have been approved for sale with added safety conversions (i.e. Polish and Romanian Tokarev pistols, to which a manual safety was added to meet import requirements). Certain other modifications, such as period sporterisations, are arguably C&R qualified as they represent the gun culture of the period. An example would be a Lee-Enfield
Lee-Enfield
The Lee-Enfield bolt-action, magazine-fed, repeating rifle was the main firearm used by the military forces of the British Empire and Commonwealth during the first half of the 20th century...
or 98K Mauser
Karabiner 98k
The Karabiner 98 Kurz was a bolt action rifle chambered for the 8x57mm IS/7.92×57mm IS cartridge that was adopted as the standard service rifle in 1935 by the German Wehrmacht. It was one of the final developments in the long line of Mauser military rifles...
military rifle that had been converted into a continental style sporter before World War II. These common conversions occurred more than 50 years ago, and represent a sub-type of special interest to collectors.
Antique guns
Antique gunsAntique guns
An antique firearm is, loosely speaking, a firearm designed and manufactured prior to the beginning of the 20th century. The Boer War is often used as a cut-off event, although the exact definition of what constitutes an "antique firearm" varies from jurisdiction to jurisdiction...
made in or before 1898 ("pre-1899") are generally outside of Federal jurisdiction, and may be bought and sold across state lines without a FFL. The only exceptions are short-barreled rifles and shotguns, and machineguns made in and before 1898, which are regulated under the National Firearms Act
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
of 1934. Unlike C&R guns, antique guns can be re-arsenalized, sporterized, re-barreled, or re-chambered, yet they will still retain their Federally-exempt status. Even if every part except the receiver is replaced, a pre-1899 firearm still qualifies as an antique. FFL holders have been directed not to enter Pre-1899 antique guns into their Bound Books.
Record keeping
FFL holders are required to keep a registry of firearms sales in an ATF-approved Bound Book, or a computerized equivalent using ATF-approved software. Licensed dealers must also maintain file copies of Form 4473Form 4473
A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder ....
or eForm 4473 "Firearms Transaction Record" documents, for a period of not less than 20 years after the date of sale or disposition. When retiring or otherwise relinquishing a license, these records are sent to the BATFE's Out-of-Business Records Center. Licensed collectors are not required to send their records to the BATFE when relinquishing their license. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handgun
Handgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s to a person in a five business day period must be reported to ATF on Form 3310.4
Form 3310.4
Form 3310.4 or Report of Multiple Sale or Other Disposition of Pistols and Revolvers is a Bureau of Alcohol, Tobacco, Firearms, and Explosives form that a firearm dealer must fill out when an unlicensed person purchases or acquires two or more handguns at one time or during five consecutive...
.
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 his 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 lawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
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.
- SecureSecureSecure may refer to:* Security, being protected against danger or loss** Securitate , the secret service of Communist Romania* Security , e.g. secured loans...
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
Application fees
See TITLE 27 CFR, CHAPTER II, PART 478—COMMERCE IN FIREARMS AND AMMUNITION, § 478.42 License fees.Non-destructive devices
| Licensee | Application fee | Renewal fee |
| Manufacturer | $150 for 3 years | $150 every 3 years |
| Importer | $150 for 3 years | $150 every 3 years |
| Pawnbroker | $200 for 3 years | $90 every 3 years |
| Dealer | $200 for 3 years | $90 every 3 years |
| Collector | $30 for 3 years | $30 every 3 years |
Destructive devices
| Licensee | Application fee | Renewal fee |
| Manufacturer | $3,000 | $3,000 |
| Importer | $3,000 | $3,000 |
| Dealer | $3,000 | $3,000 |
Ammunition
| Licensee | Application fee | Renewal fee |
| Manufacturer | $30 for three years | $30 every three years |
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.
Related law articles
- Form 4473Form 4473A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder ....
- Gun law in the United StatesGun law in the United StatesGun law in the United States is defined by a number of state and federal statutes. In the United States of America, the protection against infringement of the right to keep and bear arms is addressed in the Second Amendment to the United States Constitution...
- Gun Control Act of 1968Gun Control Act of 1968The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...
- Firearm Owners Protection ActFirearm Owners Protection ActThe Firearm Owners' Protection Act , , codified at et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.-Federal Firearms License regulatory reform:...
(1986) - Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- Straw purchaseStraw purchaseA straw purchase is any purchase wherein the purchaser knowingly acquires an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves...
External links
- Form order form to order F 7CR new form Curio/Relic FFL03 license (online downloads not acceptable)
- FFLeZCheck system for verifying FFL validity
- NRA-ILA Factsheets: Federal Firearms License