ffl

Discussion in 'NFA/Class 3 & FFL Discussion' started by t.fowler99, Jan 18, 2012.

  1. t.fowler99

    t.fowler99 New Member

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    Can sell gun from your home in south carolina
     
  2. t.fowler99

    t.fowler99 New Member

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    Does anyone know if you can
     

  3. m72law

    m72law New Member

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    Charleston Field Office
    Resident Agent in Charge
    One Poston Road, Suite 325
    Charleston, South Carolina 29407 USA
    Voice (843) 763-3683
    Fax (828) 271-404

    Columbia Field Office
    Resident Agent in Charge
    Strom Thurmond Fed. Bldg.
    1835 Assembly Street, Room 309
    Columbia, South Carolina 29201 USA
    Voice (803) 251-4600
    Fax (803) 251-4601

    Florence Satellite Office
    401 West Evans Street, Room 208
    Florence, South Carolina 29501 USA
    Voice (843) 292-0179
    Fax (843) 292-9554

    Greenville Field Office
    Resident Agent in Charge
    301 N. Main Street, Suite 1802
    Greenville, South Carolina 29601 USA
    Voice (864) 282-2937
    Fax (864) 282-2958
     
  4. trip286

    trip286 New Member

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    In most states, if you aren't "engaging in the business" you can make a private sale to another resident of your state, face to face.

    Be aware, there are age restrictions, per federal law, one must be 21 to buy a handgun from a dealer, but many states allow ownership and private purchase of a handgun at 18.

    You need to check your local laws.
    And if you do intend to "engage in the business" you need to go through all the right channels.

    However, I do believe that selling off a collection carries it's own restrictions/lack of restrictions. Again, check your local laws.
     
  5. trip286

    trip286 New Member

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    Or you could just call one of those numbers ;)
     
  6. t.fowler99

    t.fowler99 New Member

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    I'm going to get my ffl and I want to know if i can sell from my house or do tranfer for people.I'm go to do some gunsmithing and it would nice to do that too.
     
  7. Belltactical

    Belltactical New Member

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    Yes, you can get a home FFL.
    You must first obtain al the necessary licenses, variances and approvals from the State, County and City. bATF won't even talk to you until you do. Also register as a business in the state you are in, obtain a EIN from the tax guys and depending on state, you may need an "authority to collect sales tax" certificate of some kind.
    You need to send a pro-forma letter to the chief law enforcement officer where you plan to operate the business.
    Then you complete all the BATF / FFL paperwork, send in 2 fingerprint cards and a pile of other stuff they ask for along with some money. Then you wait.
    Assuming you didn't forget to cross a T or dot an I, and you're not a felon or have some other disqualifying factor, you should get a call from the local field office within 60 days to setup an onsite visit at your place of business. After the 2 hours, they leave and you either get a rejection or your FFL, pick one.
    You need to demonstrate that you intend to actually run a potentially profitable business and You're not just ordering guns for yourself and your friends to get them wholesale.
    They don't care if you a a gunsmith unless you "manufacture" (and it's a convoluted definition on the books) or are dealing in class3 /nfa stuff like suppressors. Once you have your FFL you can get your class 3 sot pretty much just by filling out the form and sending them more money. They have the right to audit you whenever they please and your "bound book", sales/transfer paperwork all needs to match up with your orders and inventory. Don't ever play games like those idiots on that tv show who can't even assemble an AR. They had their FFL's pulled for playing funny with the paperwork.
    You can do transfers but you'll need to do all the same paperwork as you would for a walk in sale including running the nics background check on the buyer. you will not get rich doing transfers unless you transfer a truckload a week.
    Keep in mind that Eric Holder is on record as being anti-gun and he runs the BATF. It's been tougher on people lately especially one man operations and small businesses.
    Hope that helps.
     
    Last edited: Jan 26, 2012
  8. wjnfirearms

    wjnfirearms New Member

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    So far you're being told correctly with a couple exceptions.

    First, you do not need an EIN (Employer ID Number) from the IRS if you're a sole proprietorship. You only need the EIN if you have employees. If the business is just you, you run it under your Social Security number.

    I know of no small FFLs like myself that have issues because of the admin in Washington, more so than the larger ones, and I'm pretty well networked. Other than during the process of approval for the FFL, I have had little direct contact with anyone from BATFE other than the local field office and they have always treated me with respect and courtesy. I was contacted twice since I've been a dealer regarding traces of weapons I either bought or sold (one was for possible issues with a distributor I bought from, one because something I sold was used in a crime and they were tracing the pedigree) and I had no issues with the way they conducted themselves or what they requested. I was treated with respect and provided the info and never heard from them again on each issue. Maybe on the bigger scheme of things, the big dogs are a serious problem in both DOJ and BATFE, but as long as we tow the line on the small end (and that's not difficult to do), they pretty much are leaving us alone.
     
  9. Belltactical

    Belltactical New Member

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    Irrespective, I would most certainly get an attorneys advice about whether another entity, either a corp or LLC would be appropriate (which will necessitate the EIN). A sole proprietor setup tied to your SSN leave you and everything you own in this world completely unprotected from liability. You can lose everything without a legal layer of protection between you and your business.

    Don't now about one man shops in PA owned by retired LEO's but down south, these days, it's getting tougher on both the kitchen table guys and the mid-sized shops especially if you do builds from scratch and NFA stuff.

    Good luck.
     
  10. wjnfirearms

    wjnfirearms New Member

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    Of course, if you're manufacturing, it's a bit tougher. I agree with you BT. The NFA stuff, definately. They have tightened the reins on this. Part of the reason why I didn't bother going type III on the FFL as several have asked me why I didn't.

    There are ways to protect yourself other than incorporating. You are also right that you risk personal assets without some protection. Incorporating isn't right or best for everyone. Look into this aspect of your business carefully as I and others did. Don't just jump into it.
     
  11. Belltactical

    Belltactical New Member

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    Thanks. I answered your PM. Been doing this a while and have some lawyers and accountants that are allot smarter than me on this stuff.

    But then again, I'm allot smarter than they are about guns :)
     
  12. t.fowler99

    t.fowler99 New Member

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    Thing for all help im going check on all this so i can get it all going
     
  13. vampirespwn

    vampirespwn New Member

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    I have a question for you . I have seriously been considering getting my FFL . At the same time me and my wife have been considering relocating to another state . From Indiana to Wyoming . Does moving to another state throw a wrench in the gears after you get an FFL ? Does anyone know what you need to do if you move ? Any thoughts ?
     
  14. wjnfirearms

    wjnfirearms New Member

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    Look into Wyoming's state laws and any applicable local laws/ordinances first. They will have the biggest impact on your ability to do firearm business where you want to relocate to. Moving the Federal FFL will be possible, but if memory serves, you'll basically have to re-apply for it. Your local BATFE field office will be able to answer any specific questions about the FFL move for you.