a.) I am an FFL in Washington State, where my business is incorporated. Business-owned firearms are for sale at our store and at private gun shows, where only members who have had an FBI check can privately trade. Must I conduct background checks to sell these firearms at the gun show? b.) At these gun shows may I also sell firearms from my private collection, which are not part of the business?
a.) Yes. More importantly, in order for any FFL to sell firearms at a gun show, the gun show must meet the requirements of ATF regulations. The legal definition of a gun show is, “… a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community.” The reference to a “private” gun show makes it very difficult to determine whether the event qualifies. You should contact ATF directly to determine if these events qualify under the regulations. If they do, and if they are in the same State where the corporation is licensed, Washington in this scenario, then you may conduct business as a corporation just as you do at the actual premises where the corporation is licensed. You must keep all records and conduct all required background checks just as you do at the licensed premises.
b.) You may not mix your private collection of firearms with the firearms owned by the corporation unless you first, prior to the date of the gun show, transfer them to the corporation’s inventory and enter them into the A&D records of the corporation as an acquisition from you as an individual. Once you do that, they may be sold exactly as those firearms that are owned by the corporation.
The procedures described above are the recommended procedures. If you choose to sell them yourself as an unlicensed individual, then you must clearly segregate them from those offered for sale by the corporation. It is recommended that they be on a completely different table clearly separate and distinct from those of the corporation. If you make that choice, you as an unlicensed individual are not required to complete ATF Form 4473 or to conduct background checks unless the State of Washington requires background checks for private party transfers of firearms. This is not a recommended activity, however, for anyone associated in any way with a licensed business.
Can I display my private collection for sale or trade next to my business inventory? Can I sell from my private collection without doing NICS checks and completing Form 4473s?
No, you may not display your private collection next to your business inventory because all firearms on the premises of an FFL are deemed to be business firearms unless they are specifically tagged, “Not for Sale.” An individual FFL who acquires personal forearms that he or she wants to sell as part of a personal collection must first enter them into the A&D records of the business and then transfer them out of the business inventory to himself or herself, and put them into a personal firearms record. After that point they must be maintained in the personal collection for at least one year. After a year, they may be sold as part of a personal collection without a Form 4473 or a background check, but the sale must be logged into the personal firearms record. If they are sold before the year is up, they must be entered back into the FFL’s records and they must be sold as any other business firearm, including an ATF Form 4473 and a background check.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
May a person obtain a dealers license to engage in business only at gun shows?
No. A license may only be issued to an applicant who has a permanent premises at which the license the applicant intends to do business. A person having such a license may conduct business at gun shows located in the state in which the licensed premises is located and sell and deliver curio or relic firearms to other licensees at any location. [18 U.S.C. 923(a) and (j)]
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
My FFL is going to expire soon. What steps do I have to take in order to renew my license in a timely manner?
An application for renewal of a Federal Firearms License (FFL) must be filed with the Federal Firearms Licensing Center (FFLC) every three years prior to the expiration of the license. It is very important to timely renew the FFL in order to avoid a lapse in the active status of the license. A renewal notice is generated three months prior to the expiration of the license. If a renewal notice is not received at about this time, you should notify the FFLC to ensure your information, including your mailing address, is accurate. If your mailing address has changed, you should immediately update this information with the FFLC. A returned renewal notice to the FFLC may result in an untimely renewal and subsequent expiration of the license. The FFLC can be contacted at 866-662-2750.
In California, am I required to be licensed by CA DOJ to sell firearm precursor parts?
Yes. Commencing 4/1/2022 the DOJ will begin accepting applications for precursor part vendor licenses. Note: Previously licensed CFD and Ammo Vendors will be automatically approved and issued as precursor part vendors. PC 30485; PC 16532
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
What is the latest ATF Ruling Regarding Arm Braces?
NSSF and its compliance consultants interacted with ATF representatives at the 2023 SHOT Show for further clarification. Folks can contact NSSF’s FFL Compliance Hotline (1.855.335.6773) for the help understanding the latest guidance.
On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.
The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.
This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.
This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.
When does the ATF Ruling Regarding Arm Braces go into effect?
This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register, and is currently scheduled to be published on January 31, 2023.
Read the Official Final Rule Here
Find more information from the ATF here
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Virtual Training For FFL On Stabilizing Brace
ATF invites you to participate in a virtual training directed at FFLs to assist you in better understanding the Final Rule. Training will be conducted through WebEx on the following dates/times:
- Tuesday, January 31st: 10am ET – 11:30am ET
- Tuesday, January 31st: 2pm ET – 3:30pm ET
- Wednesday, February 1st: 10am ET – 11:30am ET
- Wednesday, February 1st: 2pm ET – 3:30pm ET
What is the effect of the factoring Criteria for Firearms with Attached "Stabilizing Braces" Final Rule?
The rule outlines the factors ATF considers when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968 (GCA), or a “rifle” or “firearm” subject to regulation under the National Firearms Act (NFA). (The term “SBR” is used to describe both GCA short-barreled rifles and NFA rifles with a barrel of less than 16 inches throughout these FAQs). The final rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.
Guidance is provided by The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
What are the compliance options for an FFL holder in possession of firearms equipped with a "stabilizing brace," which is an SBR, after the effective date of the final rule?
- For SBRs equipped with a “stabilizing brace” that are in their possession, complete and submit through the eForms system a Notice of Firearms Manufactured or Imported, ATF Form 2 within 120-days from the date of publication in the Federal Register.
- Permanently remove or alter the “stabilizing brace” so that it cannot be reattached and thereby removing it from regulation as a “firearm” under the NFA.
- Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing it from the provisions of the NFA.
- Turn the firearm into your local ATF office.
- Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov).
Guidance is provided by The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
If I chose to register a stabilizing-brace equipped SBR, do I have to pay the NFA registration tax?
No, provided you submit your NFA registration application to ATF within 120 days of the publication of the final rule. See questions 13 and 14 below for additional information on the provisions in the final rule providing for tax forbearance on NFA registration applications.
Guidance is provided by The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
Do the BSCA amendments in 2022 and implementing regulatory changes made in 2024 to the definition of “engaged in the business” as a retailer in firearms have any impact on gunsmiths or pawnbrokers?
“No. Gunsmiths are still covered by the definition of “engaged in the business” as a gunsmith under 27 CFR 478.11, paragraph (4) Gunsmith, but they are not impacted by the BSCA’s/regulation’s change to the definition of “engaged in the business” as it applies to other dealers (under paragraph (3) Dealer in firearms other than a gunsmith or a pawnbroker). For example, gunsmiths are still assessed as engaged in the business, in part, using the intent element “principal objective of livelihood and profit,” while wholesale and retail dealers are now assessed as engaged in the business using the intent element “predominantly earn a profit.”
The change to the “engaged in the business” definition also does not impact pawnbrokers. The term “engaged in the business” does not apply to pawnbrokers because all pawnbrokers whose business includes taking a firearm as security for repayment of money are automatically dealers and thus required to be licensed without making an assessment as to whether they are engaged in the business.”
Source: The Bureau of Alcohol, Tobacco, Firearms and Explosives
Small Business Administration Guidance to 27 CFR 478.11 and 13 as revised by ATF final rule 2022R-17 (89 FR 28968, April 19, 2024) Updated May 2024*