01 FFL and 02 FFL?

W

Wyoredman

New member
What is the difference between an 01 FFL and a 02 "Pawnbroker in Firearms" FFL?

I was going to order a rifle from Gunbroker and have it sent to the local pawnshop. The seller has listed "Only ship to 01 FFL" listed on the site. When I went to the pawn shop to get a copy of his FFL, I noticed it is an 02.

The owner of the shop said it didn't matter, he does transfers all the time.

Enlighten me to the differance. I'm currious.
 
Don P.,

Thanks for the link, but I have already spent many hours searching the ATF site, reading through their regulations and have yet to find where any differentiation between 01 and 02 type licenses is listed. The only place I can even see a difference is on the Form 7 question reguarding if the applicant will be a pawnbroker.

So, for sake of helping me answer a simple question without just a link to the ATF site, what is the differance between 01 and 02 types.

This was just a simple question. Thanks
 
Found this on another site:
No difference in shipping to, or making transfers. Difference is only a pawnbroker can receive a firearm as security for a loan, and then return to the owner. A dealer may buy and sell, but not receive to hold as collateral on a loan. While a pawnbroker IS listed as an 02 FFL, you could think of them as an 01/02 FFL.
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Jim
 
Here is the answer to your question and the charge for the research is $59.95

As you stated it is a simple question and you could have found the answer simply by doing a Google search as I did.

Listed below are the different types of ffl licenses and classes of Federal Firearms Licenses.

Type Usage
Type 1 Title 1 dealer or gunsmith other than destructive devices. Can also deal in Title II NFAfirearms with class 3 tax stamp.
Type 2 Title 1 dealer doing business as a pawnbroker
Type 3 Licensed collector of Curio & Relic (C&R) firearms
Type 6 Licensed manufacturer of ammunition and reloading components other than Armor Piercing ammunition
Type 7 Title 1 manufacturer of firearms, who can also act as dealer, other than Destructive Devices, ammunition and ammunition components other than Armor Piercing ammunition. Can also manufacture & deal in Title II NFA firearms with class 2 tax stamp.
Type 8 Importer of Title 1 firearms and ammunition. Can also import Title II NFA firearms with class 1 tax stamp.
Type 9 Dealer in Title 1 firearms including NFA destructive devices. Requires payment as an SOT Class 1 (can act as an NFA Dealer). To deal/broker any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Dealer of High Explosives.
Type 10 Manufacturer of Title 1 firearms, ammunition and ammunition components, manufacturer of NFA Destructive Devices, ammunition for Destructive Devices, and Armor Piercing ammunition (can act as a dealer). Requires payment as an SOT Class 2 (can act as an NFA Dealer). To manufacture any DD with an explosives content (i.e. flash-bangs) requires an additional FFL as a Type 20 Manufacturer of High Explosives.
Type 11 Importer of Title 1 firearms, ammunition, NFA Destructive Devices, ammunition for Destructive Devices, and armor-piercing ammunition. Requires payment as an SOT Class 1 and registration with the U.S. Department of State as a Broker under ITAR/D-TRADE. To import any DD with an explosives content (i.e. flash-bangs), requires an additional FFL as an Importer of High Explosives.

Types Of FFL Licenses -The SOT’s
Special Occupational Tax Classes (SOT)

Class Usage
Class 1 importer of NFA firearms
Class 2 manufacturer & dealer of NFA firearms
Class 3 dealer of NFA firearms

Types Of FFL Licenses Required
Class 1 SOT status requires an importer FFL, either Type 8 or 11.
Class 2 SOT status requires a manufacturer FFL, either Type 7 or 10.
Class 3 SOT status requires a dealer or manufacturer FFL, either Type 1, 2, 7, 8, 9, 10, or 11.
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Thanks, the check is in the mail. Sorry for the trouble. Hope it didn't put you out.

Jim, I should be sending you the cash instead, your answer was simple and not condescending. I appriciate that.
 
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Don P owes you a refund....

Don P Here is the answer to your question and the charge for the research is $59.95

As you stated it is a simple question and you could have found the answer simply by doing a Google search as I did.
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Your "research" didn't answer his question.:rolleyes:

OP knows that an 01FFL is for a Dealer, 02FFL for Pawnbroker.....His question is "what is the difference BETWEEN an 01FFL & 02FFL?" He wants to know what is the practical difference between the two.

While atf.gov does have answers to nearly all things related to a firearm transaction, telling someone to go there is kind of like saying "go ask your mother":D In this case atf.gov does not have the answer in their FAQ's, only a link to the Gun Control Act of 1968:http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

Once you download the GCA go to the "Edit" label in Internet Explorer and choose "Find"....then type in "pawn".....it will take you to every instance of the word "pawn" in the GCA. The regulations on pawnbrokers are virtually identical to those with an 01 with a few exceptions. IMHO, the reason ATF has created separate licenses has to do with reporting & information gathering. The other has to do with transactions that an 01ffL cannot do.

Page 184 "J. Pawnbrokers" details what a pawnbroker can do.

(J2) What is the procedure for a
licensed pawnbroker to return a
firearm?
The procedure varies, depending
upon the firearm and the situation.
ATF Form 4473 must be used in each
situation. In addition, any State laws
regarding pawn transactions must be
followed.
Some Examples:
(1) Pawnbroker and nonlicensee
are residents of the same State:
The pawnbroker may return a
handgun or long gun to either the
person who pawned it or a holder
of the pawn ticket who resides in
the pawnbroker's State.
(2) Pawnbroker and nonlicensee
are not residents of the same State:
a. The pawnbroker may return
a handgun only to the person
who pawned it.
b. The pawnbroker may return
a rifle or shotgun to the person
who pawned it.
c. The pawnbroker may transfer
a rifle or shotgun to the holder
of a pawn ticket who did not
pawn it, provided the transaction
complies with the law of the
State where the pawnbroker's
business is located and the law
of the State where the pawn
ticket holder resides.
[18 U.S.C. 922(a)(2), 922(a)(3) and
922(b)(3)]
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An 01FFL can only transfer firearms other than rifles or shotguns to a resident of the same state. It appears that a person from Oklahoma could pawn his handgun in Dallas, eventually redeem it and the 02FFL can legally transfer the handgun on a 4473. (even though the customer is not a Texas resident)
 
Dogtown, Thanks for the help. I had downloaded the GCA, but in the 243 pages missed the portion you posted. Go, figure. Anyhow, I do appriciate the straightforward help that most TFL members give.:)

It appears that 02 "Pawnbroker" licensee's have a bit more authority than the 01 licensee. There should be no problems with any transfers to an 02. Thanks again.
 
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