Author Topic: Q: What is the process for renewing my C&R FFL03?  (Read 7344 times)

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Offline running-man

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Q: What is the process for renewing my C&R FFL03?
« on: January 13, 2015, 09:47:10 AM »
Disclaimer: is not composed of legal experts, we do our absolute best to make sure that what we post here is accurate, thorough, and factually based.  Still, it is the epitome of foolishness to listen to “a guy on the internet” as your sole basis for legal advice.  If you have specific questions about this subject, you should consult appropriate legal council who specialize in firearms law or contact the ATF directly to obtain a formal determination about your particular firearm or issue.

Renewing your C&R FFL03 is a piece of cake.  There are generally a few things you absolutely need to do:

  • Fill out ATF Form 8 (5310.11) Part II.  This is not a form that you can download on your own.  The ATF sends you this form and it has a ton of identifying, pre-filled out information on it.  Unfortunately, this form is the exact same form the ATF sends out to FFL01s, and some of the information on them can be downright confusing.  Here is a sterilized sample so you'll know what to expect when this form arrives (the text in blue is my notation and is not on the original form):

    The top blocks above Part A are payment information.  You can pay by check, MO, or credit card.  There is a small box that you can check requesting a Letter of Authorization (LOA) from the ATF so you can continue using your C&R FFL03 in the event your expiration date is very close.  ATF typically sends out the renewal forms 2 months in advance, so there is usually plenty of time to get your renewed license back before your current license expires.  I've never requested a LOA, but I do know that some of the big vendors have done so from time to time.

    The next block surrounded by the red dotted line is specifically for FFL01 holders who are discontinuing their business.  As a C&R FFL03 holder, you are not required to send in your records when you discontinue your license.  (See Q: Are licensed collectors required to turn in their acquisition/disposition records to ATF if their collector’s license is not renewed or they discontinue their collecting activity? for additional information). I would go so far as to say that you are not required to even tell the ATF that you are not renewing your license at all, simply not sending in the renewal form and fee and not utilizing the old license after it has expired is sufficient to 'quit'.

    Part A is exceptionally simple.  If the information is correct and you haven't moved since you got your license (and if that occurred you should have filled out a change of address form anyhow if you were still going to utilize your C&R FFL03), you don't need to do anything.  Simply verify that the information is correct and you're good to go in this section.  If there is a problem, you can check the red box and entere corrected information in the right hand section.  thumb1
    I don't know if it is a requirement to give ATF my contact phone numbers and email addresses, but I prefer not to and typically leave those blank on any application. 

    Part B again deals with individuals who have FFL01s and have regular business hours.  They like to remind us of this fact quite often, so I typically simply write in "Curios and Relics licensees may not engage in the business of buying or selling firearms."  I have no idea if leaving this section blank will cause a rejection of your application.  It seems this section is more a courtesy to let ATF know when they should schedule an inspection of your collection more than anything else. If you give them one hour at midnight on a Sunday, would they adhere to that? :)

    Part C is composed of 8 questions.  Anything but yes answers to questions 1, 2, 3, and 4 will likely result in a denial of your license renewal.  Willfully lying on any of these questions are punishable under 18 U.S.C. 924 with up to 5 years imprisonment and a fine.
    Question 5 should be answered N/A by all C&R FFL03 licensees. 
    Question 6 should be a no 99% of the time.  The only time this would even come into consideration is if you originally applied for a license under a group such as a collecting club, a shooting club, a trust, or a limited partnership.   If you have multiple responsible persons on your license and you do want to add or remove any of them, you'll have to follow the instructions as to what identifying information (names, maiden names, address, SSN, fingerprints, etc.) you will have to send in.
    Question 7 asks for information on quantities of acquisitions and dispositions in the past three years.  I'd suspect that high numbers here could raise red audit flags that you might actually be engaged in the 'business' of buying and selling C&R firearms. 
    Question 8 asks whether you have conducted internet sales of firearms and if so, a list of websites from which you conduct (or intend to conduct) your internet business.  This question could be interpreted in several different ways as it is poorly written and appears to be FFL01 specific.  If no sales/dispositions have occurred, this one is a no-brainer.  If sales out of your personal C&R collection have occurred, and you perhaps sold a firearm via gunbroker or other internet site, maybe you would need to think about a yes answer for this question.  In my opinion, there is still wiggle room here as the question asks for websites where the licensee conducts their internet business.  As we all know, C&R FFL03s are prohibited from engaging in the business of buying and selling C&R firearms.  They can't have it both ways.

    Part D is comprised of 10 questions, 9 through 19 with yes or no answers.  Answering yes to any of these questions will likely result in a denial of your license renewal.  Willfully lying on any of these questions are punishable under 18 U.S.C. 924 with up to 5 years imprisonment and a fine.

    After part D is completed, you will need to sign, print your name, and date the form.  They also ask for a telephone number (supposedly to contact you if they have further questions).  One final area to fill in is the line called "Title".  For FFL01s this could be anything from CEO, COO, president, VP, to sole-proprietor, or owner etc.  For C&R FFL03s, i simply use the title "Collector", but I'd suspect "self", or "N/A" would be perfectly fine as well.
  • Either enclose a check or money order in the correct amount (in 2015, FFL03 renewals are $30 for three years), or fill out the authorization for ATF to charge your credit card.  Do not send cash!!!  Your application will be denied and the renewal form will be returned to you if you do.
  • Send a copy of the ATF form 8 application along with a very short explanation letter to your local chief law enforcement officer (CLEO, either a local municipality chief of police or a county sheriff).  The reason for the explanation letter is so the CLEO doesn't have follow up with you (I don’t know about you, but I really don't particularly want the CLEO spending more time on me than is absolutely necessary).  In the letter, explain that you are applying for a renewal and are required by the ATF to submit a copy of the application to the CLEO.  Finally, explain to the CLEO that they are not required to perform any further action.  I don't know how the various agencies do thing around the country, but I suspect most small sheriff's offices will file the applications in paper form in a file somewhere hopefully never to be seen again.  Other police departments with access to technology could conceivably scan the applications and have it become part of your record they keep on their computers to be pulled up when responding to the listed address or when they run a license after a traffic stop. To be honest, buying a firearm at a gun store and filling out a 4473 with a NICS gives them even more information, even though they are not supposed to collect, share, or use it.
« Last Edit: July 06, 2017, 02:26:31 PM by running-man »