Thread: Thinking of FFL
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Old December 11, 2011, 08:23 PM   #14
Fishing_Cabin
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Join Date: February 10, 2010
Posts: 706
Quote:
Originally Posted by dogtown tom
Quote:
essohbe You have to post the hours on the doors...

No such requirement in federal law or ATF regulations.
I will add that while its correct, you do not have to have the hours posted on the door or wall, the ATF provides space to list the hours of operation on the FFL application, item 13. ATF E-Form 7 (5310.12)
Link: http://www.atf.gov/forms/download/atf-f-5310-12.pdf



and also on the ammended FFL. ATF E-Form 5300.38 item number 16.
Link: http://www.atf.gov/forms/download/atf-f-5300-38.pdf



Also, in the Federal Firearms Regulations Reference Guide, page 40, it mentions normal business hours.

ยง 478.23 Right of entry and examination.

(a) Except as provided in paragraph
(b), any ATF officer, when there is reasonable
cause to believe a violation of the
Act has occurred and that evidence of the
violation may be found on the premises of
any licensed manufacturer, licensed importer,
licensed dealer, or licensed collector,
may, upon demonstrating such cause
before a Federal magistrate and obtaining
from the magistrate a warrant authorizing
entry, enter during business hours (or, in
the case of a licensed collector, the hours
of operation) the premises, including
places of storage, of any such licensee for
the purpose of inspecting or examining:
(1) Any records or documents required
to be kept by such licensee under
this part and
(2) Any inventory of firearms or ammunition
kept or stored by any licensed
manufacturer, licensed importer, or licensed
dealer at such premises or any
firearms curios or relics or ammunition
kept or stored by any licensed collector
at such premises.

(b) Any ATF officer, without having
reasonable cause to believe a violation of
the Act has occurred or that evidence of
the violation may be found and without
demonstrating such cause before a Federal
magistrate or obtaining from the magistrate
a warrant authorizing entry, may
enter during business hours the premises,
including places of storage, of any licensed
manufacturer, licensed importer,
or licensed dealer for the purpose of inspecting
or examining the records, documents,
ammunition and firearms referred
to in paragraph (a) of this section:

(1) In the course of a reasonable inquiry
during the course of a criminal investigation
of a person or persons other
than the licensee,
(2) For insuring compliance with the
recordkeeping requirements of this part:
(i) Not more than once during any
12-month period, or
(ii) At any time with respect to records
relating to a firearm involved in
a criminal investigation that is traced
to the licensee, or
(3) When such inspection or examination
may be required for determining
the disposition of one or more particular
firearms in the course of a bona fide
criminal investigation.

I do not know anyone here locally that has a FFL, and does not have any hours of operation or business hours listed with the ATF, since they are able to make an inspection, or to inspect records for a firearm related to a crime. I will say I do not know of any law or regulation requiring any business hours, but with that said, the ATF has a right to inspect, as noted, during a FFL's regular business hours.

I have heard in the past online that some FFL's operated "by appointment only," though the inspectors I have spoke with from 1998 and as recent as September 2011, all "politely" have asked for the hours of operation to be listed on those forms, and if needed, updated in the future, so the ATF can contact or visit. I have been told that a FFL doesnt have to be open to the public during those hours, but should be available if the ATF wants to check your records for some reason during that time.

Its possible that inspectors in a different field office may have a slightly different interpretation. So if you decide to obtain an FFL I would speak to the field office in your area, to find out their views on anything you are not clear on. If you have any questions, an ATF inspector should (always has around here at least) visit you before the license is issued.

FWIW, YMMV

Edit to add: Though I know the question was about hours posted on the door, I wanted to let others know that the ATF does ask for your hours of operation so they would not be surprised.

Last edited by Fishing_Cabin; December 11, 2011 at 08:40 PM. Reason: as noted above
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