On 05/04/10 I submitted my BATFE C&R and FFL 01 (internet dealer no retail sales). The BATFE applications arrived via USPS Express Mail on 05/05/10 and the payments were withdrawn from my debit account on 05/07/10. The ATF has 60 days to complete the process + 30 days for me to meet am compliance issues.
On July 28, 2010 I received a voice mail from the NYC investigation division of the ATF in regards to my C&R & FFL 01 applications.
The investigator stated that there were two underlying issues and he suggested that I "withdraw" my applications until those two issues are resolved. Although the ATF actually gives you thirty days to correct any issues before denial of your application.
He contacted my landlord and was told that I can not have any firearms on the premises by one of the employees who runs the management office although she is not the owner of the property.
He stated that I needed confirmation from the NYPD to establish an FFL 01 as the NYPD requires a storefront as well as an inspection.
When I called him back I explained that:
- I lived in a privately owned apartment building regulated by a city agency (DHCR) and I possessed a standard lease with no special provisions prohibiting firearms ownership.
- Secondly NYPD only inspects FFL 01 retail dealers (store front dealers). Link to NYC Title 38 Regulations [LINK]
At this time he also suggested that I drop the C&R and just focus on the FFL 01 as the FFL 01 would allow me to purchase the same firearms as the C&R. My response was that I was aware of that and although the ATF will allow me to transfer firearms out of my FFL 01 inventory to myself too many of these types of transactions cause a red flag so to avoid that I would utilize my C&R as well as my current NYPD Rifle & Shotgun permit (pistol license still pending approval) as a back up.
I then told him that I would contact my property owner and get back to him. I contacted the owner of the property directly and in all of five minutes he explained that if I could present him with a letter or some other form of proof from the NYPD that I possessed the appropriate permit(s) / licence(s) to possess firearms that he had "no issue"with my possession of said firearms on the premises.
After that I contacted the ATF representative again and explained to him that issue #1 was a non issue. He then instructed me to now get a letter from the property owner stating that I had contacted him and that:
- He had no issue with my second amendment right to possess firearms on the premises.
- He had no issue with me having an FFL 01 business at my current place of residence.
So on July 29, 2010 I forwarded a letter to the property owner with my credentials but was informed that he wouldn't be back in the office until Tuesday August 03, 2010. After receipt of my information the property owner continued to tell the ATF Inspector that I was not allowed to possess firearms. As you can see the bureaucracy that exists but I will jump through all of the hoops required just to prove that it's possible.
There was also a minor zoning issue but upon sending an email to the Chair of the City Planning Commission and Director of the Department of City Planning. This was the message I sent:
Message: Is it correct that the city zoning bans individuals with a tax payer number from having an internet based business from a residential home where products are sold on the internet but shipped directly from the manufacturer to the purchaser? This was the response which I received:
Dear Mr. Reynolds:
An internet business, as you described in your e-mail message to the Department of City Planning, where orders are placed on-line and products are shipped directly from a manufacturer to a customer, is permitted as a home occupation, provided all other provisions relating to home occupations are complied with, as set forth in the definition of “home occupation’ in Section 12-10 of the New York City Zoning Resolution. The Department of City Planning does not make determinations regarding zoning conformance or compliance. Such determinations are made by the Department f Buildings located at 280 Broadway, New York, 10007. If you would like this information in letter form, please send a check in the amount of $110.00, made payable to the Department of City Planning, to Zoning Division, Department of City Planning, 22 Reade Street, New York, 10007. A letter will be mailed to you within a week of receipt.
Director,
Zoning Division
Department of city Planning.
On 08.20.10 my two investigators arrived and upon showing the ATF Inspector my lease he saw that I was in full compliance as my lease did not state that I was unable to possess firearms. They stayed for two hours and I was told my C&R is looking good (in NYC they drill you for a C&R as well). They stated they just have to verify if the NYPD has any issues with an internet based FFL01. If not I should be good to go.
One of them suggested I join the ATF seeing as how I was aware of many of their regulations it went smooth got a big 50 state book and a little C&R one too.
My FFL01 & C&R Applications
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