Category Archives: FFL Issues

Do you need an FFL to manufacture and sell AR-15 uppers?

I was recently asked whether an FFL is required to manufacture and sell AR-15 uppers. The answer is ‘no‘ but I want to caution readers that this would not necessarily be the case if the upper in question was for a … Continue reading

Posted in AR-15, ATF, BATFE, Federal Law, FFL Issues, Manufacturing, Uppers | Comments Off on Do you need an FFL to manufacture and sell AR-15 uppers?

Picking up a firearm from consignment

I received a call earlier today from one of my FFL clients asking about this topic. Specifically, they wanted me to verify whether or not the owner of a consignment firearm needs to complete a 4473 and NICS check in order to … Continue reading

Posted in 4473, ATF, BATFE, Consignment, Federal Law, FFL Issues | Comments Off on Picking up a firearm from consignment

May an FFL rent handguns and provide ammunition to those under 21 for on-premises use?

I have written before about the differences between Virginia law and federal law where the age to acquire, possess, and carry handguns is concerned. In that article I note that FFL’s are prohibited under 18 USC § 922(b)(1) from ‘selling or delivering‘ … Continue reading

Posted in Age To Possess, ATF, ATF Guidance Letters, BATFE, Federal Law, FFL Issues, Range Issues, Virginia Law | Comments Off on May an FFL rent handguns and provide ammunition to those under 21 for on-premises use?

The industry is moving quickly to minimize the impact of 41F

The only thing more powerful than a giant bureaucracy is the inventiveness of free enterprise. Therefore, it is no surprise that the firearms industry is already hard at work minimizing the impacts of 41F on the use of NFA trusts. … Continue reading

Posted in 41F, 41P, Administrative Law, ATF, BATFE, CLEO Notification, FFL Issues, Form 1, Form 23, Form 4, NFA Trusts | Comments Off on The industry is moving quickly to minimize the impact of 41F

Beware of fraudulent Form 4’s

A few months ago I received a call from a client who wanted to buy a machine gun from a fellow collector but he wanted to know what he could do to protect himself during the time between the submission … Continue reading

Posted in ATF, BATFE, FFL Issues, Form 4, NFA Transfers, Private Sales | Comments Off on Beware of fraudulent Form 4’s

Is a background check required when picking up NFA items from a dealer for a trust?

Over the last two days I have been asked this question multiple times.  It seems that there is a great deal of confusion over this issue among both NFA owners and dealers. However, I do not say this to disparage … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, Background Checks, BATFE, Federal Law, FFL 03, FFL Issues, NFA Transfers, NFA Trusts, SP-65, Virginia State Police | Comments Off on Is a background check required when picking up NFA items from a dealer for a trust?

Trust names must be exact when completing ATF forms

A flustered client called me earlier today from the parking lot of his local gun dealer / range with a rather startling question. He wanted to know whether it was acceptable to change the name of his trust on a … Continue reading

Posted in ATF, BATFE, FFL Issues, Form 4, NFA Transfers, NFA Trusts | Comments Off on Trust names must be exact when completing ATF forms

May I consign my NFA items to an FFL/SOT?

One of the more common questions I am asked is whether the owner of an NFA item may consign it to an FFL/SOT to facilitate a sale. The answer, like so many where the NFA is concerned, is both “Yes” and “no.” … Continue reading

Posted in ATF, BATFE, Consignment, FFL Issues, Form 4, Interstate Firearm Transfers, NFA Transfers, NFA Trusts, Non Resident Issues | Comments Off on May I consign my NFA items to an FFL/SOT?

Can my trust get a curio & relic FFL?

Tonight I received a call from a friend who was wondering whether or not a trust could acquire an FFL 03 license. For those of you unfamiliar with the different types of federal firearms licenses (FFLs), a type 03 FFL … Continue reading

Posted in ATF, ATF Guidance Letters, BATFE, C&R, Curio and Relic, FFL 03, FFL Issues, Firearms Technology Branch, NFA Trusts | Comments Off on Can my trust get a curio & relic FFL?

Want to get your manufacturers FFL? Don’t forget ITAR!

Last week I received a call from an FFL client who was concerned about a conversation he had with an ATF agent during a routine audit. My client holds a manufacturing FFL but has never actually engaged in manufacturing since … Continue reading

Posted in AECA, ATF, BATFE, Federal Law, FFL Issues, ITAR, Manufacturing, USMIL, USML | Comments Off on Want to get your manufacturers FFL? Don’t forget ITAR!