FFL license general questions

[SWglockmagnum]

Ok, i found this forum because of a post asking if FFL123 was legit or not. the thread i found was full of useful information and i'd like some more of it.

i'll start by telling you guys my intentions with an FFL then what i know about the process so far.

1. i have a website that i am starting up that sells knives, ammo, swords, hunting stuff, scopes, and related gear and merchandise. i'd like to add guns to the site, in fact i've already got a place for them. but the site is not open for business yet.

2. i would like to be able to buy and sell firearms locally at gun shows, trade shows, to private collectors, other FFL holders, pawn shops, and various other means.

3. i am planning to open an actual store front to sell the same merch that i am currently selling online, and my online store is there primarily as a means to help me accomplish this since i have no real investment capital to buy $10k worth of guns, $10k worth of random other crap, and a few thousand a month of overhead for a brick and mortar location right now.

4. I would like to begin manufacturing firearms once all of that is established and going smoothly. that is my ultimate goal.

so that is a general explanation of my goals and plans.

here's what i KNOW about the FFL process.

1. if you screw up on anything at all in the paperwork or don't send the correct forms, or don't ace your meeting with the ATF, or if you dress differently from what they'd like you will be denied and black listed for life from getting an FFL.

2. if you tell them that you're selling online, you will be denied

3. apparently, if you tell them you're going to sell out of your house, there's tons of laws and restrictions regarding that due to zoning and whatever else. (i need more information on this)

..........

that's pretty much all i know...

questions!!

1. if i do not CURRENTLY have a brick and mortar location to sell guns out of, what do i tell them?

1A. i PLAN to get one, but how do i convince them to give me the FFL prior to me having that location / what do i need to show them to prove that i am working towards that goal?

1B. What do i tell them my plans are for the FFL since i don't have a brick and mortar location. obviously if you say "well i'm going to sell them on my website until i get the store front open" they'll deny you.

2. What -ARE- the zoning requirements in Texas for selling firearms, and what kind of zoning requirements could they possibly have for such a thing?

2A. i own my house, but it's zoned residential and is smack dab in the middle of the city limits, so i guess i can't sell out of it with an FFL? ( i mean technically you can, especially if you're selling primarily online, who's going to know.. it's not like i'd have people coming to my house to buy guns directly from me.. that's the farthest thing from what i'd want... strangers with gun stiffies coming to my house... )

i'm sure i have a lot more questions, but that's good enough for now. thanks guys..

 

[dogtown tom]

On this thread http://thefiringline.com/forums/showthread.php?t=382136 post #10 is a quick "how to" on getting your FFL.

I recommend visiting the FFL Forum at AR15.com there is a lot of good info there.

SWglockmagnum:
here's what i KNOW about the FFL process.

1. if you screw up on anything at all in the paperwork or don't send the correct forms, or don't ace your meeting with the ATF, or if you dress differently from what they'd like you will be denied and black listed for life from getting an FFL.

Not exactly.
If you meet the requirements and can fill out a form you get the FFL. There is no "blacklist for life".

2. if you tell them that you're selling online, you will be denied

Not true.
The license is issued for your "licensed premises".....where you can sell online, mail order or in person. Licensees are also allowed to sell at gun shows and certain other events. If your proposed "licensed premises" does not permit you to legally operate a business under zoning, HOA or other city/state/local regulations....you will not be issued an FFL. You cannot get a "gunshow only" FFL.

3. apparently, if you tell them you're going to sell out of your house, there's tons of laws and restrictions regarding that due to zoning and whatever else. (i need more information on this)

Nope.
I live in Plano. I have no city/county or HOA restrictions that prohibit a home based business.

1. if i do not CURRENTLY have a brick and mortar location to sell guns out of, what do i tell them?

You don't submit an application until you have a premises that can be licensed. ATF isn't going to issue a license until THEY check to see if your proposed premises can operate there legally.

1A. i PLAN to get one, but how do i convince them to give me the FFL prior to me having that location / what do i need to show them to prove that i am working towards that goal?

You can't & won't.

1B. What do i tell them my plans are for the FFL since i don't have a brick and mortar location. obviously if you say "well i'm going to sell them on my website until i get the store front open" they'll deny you.

If you don't have a location that allows you to operate a business legally don't bother applying. Your licensed premises is the only place you can conduct business (other than a gun show/special event). It does not matter if all your business is off the internet- you MUST be able to conduct business LEGALLY at that location.

2. What -ARE- the zoning requirements in Texas for selling firearms, and what kind of zoning requirements could they possibly have for such a thing?

There is no state wide zoning. each city in Texas does its own thing....some, like Houston do not have zoning, but regulate through HOA's and deed restrictions. In Plano, I'm zoned "residential" but Plano allows home based business with only a couple of prohibited businesses. If you live in a area covered by an HOA you need to check their covenents to see if a home based business is allowed. (ATF WILL check even if you do not)

2A. i own my house, but it's zoned residential and is smack dab in the middle of the city limits, so i guess i can't sell out of it with an FFL? ( i mean technically you can, especially if you're selling primarily online, who's going to know.. it's not like i'd have people coming to my house to buy guns directly from me.. that's the farthest thing from what i'd want... strangers with gun stiffies coming to my house... )

there is no requirement that you be "open to the public".....only that your licensed premises be able to operate legally. ATF doesn't give a rats hiney if you do all your business on the internet. They don't even care if all your sales are at a gun show.....they just require that your licensed premises be legal.

 

[SWglockmagnum]

Hey, thanks for the in depth response, it's definitely appreciated.

I read over what you said, and i guess the answer to a lot of those questions was the same lol..

um... to narrow things down, i'm in Austin, i have NO HOA.. we purposely moved into a house that was not part of one. (not for the purpose of getting an FFL, but other purposes).

So i guess my main question is, who do i need to talk to in order to figure out whether there are zoning restrictions or deed restrictions.. And at the risk of sounding undereducated, honestly i'm not sure what a deed restriction is or who would be responsible for implementing one. if it's something with the mortgage company, then there are definitely no restrictions there, i just don't own mineral rights.

But with that said, i have 3 different LLC's operating out of this house, and am getting UPS business rates, (therefore, they consider me as a business), but, i guess i need to check into the local laws about which businesses are prohibited in a home based business.

Do you know anyone in Austin who has one?

anyway, thanks for the info!!! I'm going to check out the other forum you mentioned as well.


Mitch