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Old July 20, 2016, 14:41   #1
nyalaman
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FFL requirement questions.

In the process of applying for a FFL type 1 out of my home. Speaking to the agent on the phone, he said that if the business model is for internet sales only, that it does not meet FFL requirements. Is this true? My property is zoned for commercial, and he is making me go through the zoning process.He wants to close my case and have me reapply once I have zoning approval. I am about 30 days into the 60 day FFL process. Does this seem accurate? Thanks in advance.
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Old July 20, 2016, 14:54   #2
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Internet sales only do not qualify. I don't know why, they just say so.

ATF requires you be in compliance with all state and local laws. But it does say within (30?) days of receiving your license. It's not a prerequisite.

If there is no local zoning prohibiting you from operating a business out of your home, I'm not sure what you'd be applying for. Especially if you're already zoned commercial.

Do you have a business license? What zoning approval are you waiting for?
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Old July 20, 2016, 16:03   #3
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thanks gunplumber- It is zoned commercial for a home business, but you still need to go through the town zoning approval process. I don't have any business license as of yet.
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Old July 20, 2016, 19:48   #4
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I incorporated first and then got a letter from the township zoning officer stating that I met all requirements of operating a home based business. This was all done prior to sending in my FFL application. There was nothing in the zoning ordinance that prohibited me from operating a home based business AND specifically nothing that prohibited me from operating a firearms business.

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Old July 21, 2016, 15:38   #5
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Your house has to be your place of business, you can advertise over the internet, but the actual sale has be out of your house and you have to state your hours of business.
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Old July 21, 2016, 15:44   #6
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I haven't been a FFL for many years but If I ever did it again (I'm not that stuunad) I would have my licenced premises separate from my house...

I if your garage is separate from your house and not attached slap a label of 1234 (B) Main st on it to separate it from your sleeping residence / domicile.

As I understand it they (BATFE) can inspect your licenced premises when ever they want.

You don't want them coming into your house whenever they feel like it now do you ?

Current FFL'S / SOT'S feel free to correct me and post evidence of your correction.

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Your house has to be your place of business, you can advertise over the internet, but the actual sale has be out of your house and you have to state your hours of business.
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Old July 21, 2016, 16:00   #7
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No, they cannot inspect it "whenever they want". Only 1 announced inspection per year and no un-announced unless they have probable cause. BATF has been to my place twice, always nice and professional. I have nothing to hide.

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Old July 21, 2016, 16:04   #8
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Like I said it was many years ago maybe the rules have changed.

BTW it's not about having anything to hide, One day they will be collecting firearms and being a ffl will make it much easier for them to come about and collect and if you get in their way they will not hesitate in plugging you and stepping over your carcass to get the firearms you possess.




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No, they cannot inspect it "whenever they want". Only 1 announced inspection per year and no un-announced unless they have probable cause. BATF has been to my place twice, always nice and professional. I have nothing to hide.

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Old July 21, 2016, 16:21   #9
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No, they cannot inspect it "whenever they want". Only 1 unannounced inspection per year. Not more than one a year without probable cause.
FIFY

I went 20 years without an inspection, then 3 in the last 4 years. ATF often brings teams in from around the country to do as many FFLs in a given area as possible. So if your FFL buddy on the other side of town is being inspected, you should expect to be as well.
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Old July 21, 2016, 16:25   #10
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Thanks for the info- long story short, I have to be zoned for foot traffic. I will be able to achieve that, I just have to go through the process.
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Old July 21, 2016, 18:37   #11
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GP.....You are correct, even though they do not send in teams around here, they did start making local calls, so I did hear that they were working the area through the grapevine. I went 8 years before my first one, right after CT. My second one was about 3 months ago. I did hear they had some extra help and were making more frequent inspection. My last agent was a 30 year employee who was well known (in a good way) in the 3 country area around me.

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Old July 25, 2016, 10:08   #12
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Quote:
Originally Posted by nyalaman View Post
In the process of applying for a FFL type 1 out of my home. Speaking to the agent on the phone, he said that if the business model is for internet sales only, that it does not meet FFL requirements. Is this true? My property is zoned for commercial, and he is making me go through the zoning process.He wants to close my case and have me reapply once I have zoning approval. I am about 30 days into the 60 day FFL process. Does this seem accurate? Thanks in advance.

When I got mine, the agent said I needed to have the zoning in place prior to them granting the license, GP's correct quote of the law/policy notwithstanding. Since my zoning was taking a while, the agent recommended I withdraw my application and then resubmit it once the zoning was approved, since, according to him, if my zoning was not approved within the 60 days that they were required to make a determination on granting the license, they would have to deny it due to the lack of zoning approval and, once denied, it would make it much harder to obtain the license later. Others may have completely different experiences.

And yes, you need to be able to conduct transfers from your home, not just online as has bene indicated.

As others have said, if your home is already zoned commercial, I'm not sure what zoning process you have to go through. Are you saying a zoning board must approve all new businesses or something?

FYI, zoning is the realm of petty tyrants at the local level. There was pressure put on at least one the zoning board member and influence parleyed with the local planning commission to not approve my application for a variance to work from my home by at least one local sporting goods store owner. It's like they want a coercive, government sanctioned monopoly.

Many believe in limited government until they realize they can use its force to enrich themselves.
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Old February 15, 2017, 16:40   #13
nyalaman
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thanks for all the Help. finally got the zoning approval and FFL.-
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Old February 16, 2017, 22:29   #14
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Good on ya!! Congrats!!

krf
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Old February 17, 2017, 10:10   #15
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Quote:
Originally Posted by gunplumber View Post
Internet sales only do not qualify. I don't know why, they just say so.
Wonder if you got busted for "dealing without a license" based on internet only sales if "they wouldn't issue me a license for my business model" be a valid defense?
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Old February 27, 2017, 22:08   #16
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Since when did the ATF decide it was their business if your were zoned properly or not? That is a state and city issue not a federal issue.
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Old February 27, 2017, 22:19   #17
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Since when did the ATF decide it was their business if your were zoned properly or not? That is a state and city issue not a federal issue.
The application and interview process requires compliance with all State and Local ordinances.




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