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WTT: Responsible Employee on FFL/SOT License


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Looking at adding someone to my FFL/SOT as a responsible person.  He would be sales and I wanted to know if he could possess C3 (suppressors, pre-may & posties) off premises for sales visits etc.    Would he have the same abilities and responsibilities as me as the current sole RP on the FFL/SOT?

 

Thanks for the info.

 

Jason

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  • 2 weeks later...

He's actually a sales guy and we would be putting together a website etc and he would be doing sales calls with agencies etc.  He's about an hour away and wanted to make sure he didn't have to drive 4 hours most days to pickup and return items.  All transactions would be out of the FFL address on my permit.

 

Jason

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He would be sales and I wanted to know if he could possess C3 (suppressors, pre-may & posties) off premises for sales visits etc.

 

NO !!     Different location, so you would need another license. Look on your license and it shows your premise location. Your NFA items has to stay there not somewhere an hour away. Call ATF to verify but that's what they told me .............

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On 1/6/2023 at 5:31 AM, gftiv said:

You use to be able to store guns off site without a second license. Delivery must always be from license address. Your salesman off site storage may comply with the law.

No, you can take delivery anywhere, store anywhere, but all must be available for inspection.  An RP is just that RP, and would have whatever duties and responsibilities as anyone else on the license.

How do you think dealers take in guns at guns shows or clandestine walmart parking lots in the middle of the night?

https://www.atf.gov/firearms/qa/may-firearms-be-shipped-licensee-address-different-business-premises-address-identified

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Above. I meant Delivery to customer. Gun shows are a loop hole. I do not believe you can deliver to a customer outside of a license presence or gun show.

Interesting story from 30 years ago. Indy 1500 gun show in Indianapolis, Indiana. State law said guns had to be delivered to licensed address. An FFL made money by transferring guns at the show. several people would get in his car with guns to be transferred. He would drive less than a mile to the licensed premises which by the law includes the driveway. Park the car in the driveway, pass out the guns to the people in the car, and drive back to the  show. Paperwork was done at the show before the drive.

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On 1/6/2023 at 5:37 AM, Beltfed MGs said:

He would be sales and I wanted to know if he could possess C3 (suppressors, pre-may & posties) off premises for sales visits etc.

 

NO !!     Different location, so you would need another license. Look on your license and it shows your premise location. Your NFA items has to stay there not somewhere an hour away. Call ATF to verify but that's what they told me .............

When did they stop allowing off-site storage? This has always been allowed in the past and is usually just kept noted in your records. 

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Guns (GCA/NFA) can be stored at an off-premises location. (e.g. storage).  They can be shipped to/from this location.

 The actual TRANSFER (to the buyer, if it is an in-person transfer)  must occur at the license location, or a gun show located in the same State (which is a permitted exemption)

A FFL can display and take orders at an out-of state gun show, but can only do a transfer to another FFL of a C&R firearm at an out-of state gun show.  You cannot transfer (a non C&R) to another FFL at an out-of state gun show - you would have to mail it to them.

https://www.atf.gov/firearms/qa/what-may-licensee-do-out––state-gun-show

Edited by shiklg
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On 1/8/2023 at 9:26 AM, gftiv said:

 I do not believe you can deliver to a customer outside of a license presence or gun show.

I

If you are a dealer in the state the show is then you can sell over the counter to customers. Handguns and long guns to in state residents and long guns to out of state residents (as long as the sale is legal in both states).

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