johnwilliamson062 ......I wasn't serious as much as pointing out an ATFE Catch-22. My concern is with only limited regular hours they will say it is not a business,
It's not a Catch 22 and no, they won't say "you have too few hours to be considered a business". What they'll say is "your hours are not indicative of someone who is serious about engaging in the business of dealing in firearms".
Think about it.....if you put:
Does that look like someone who really intends to be in the business? Or a hobby? To me it looks like someone wants to have an FFL without actually engaging in the business........thats personal use and a license is not issued for personal use.
Guess what? When ATF conducts your first compliance inspection and discovers that you've transferred firearms only to yourself......you'll likely not have your license renewed. While there is no magic number you do have to be engaged in the BUSINESS of dealing in firearms, you do want to show its not being used only for acquiring personal firearms.
but if I tried it without an FFL they would certainly say that it was in fact a business. I have heard they have become much more strict on the issuance of new small FFL licenses the last few years. As a federal government entities they can have this sort of double definition of what a business is.
There is no such thing as a "small FFL".......everyone applying for a license is held to the same standard and requirements. There are "kitchen table" dealers whose gross profit exceeds those with a storefront. One of the largest dealers in Texas didn't get a storefront for over a decade....he grossed millions at gunshows and did nearly nothing at his home (his licensed premises).
There is no double standard.....if you engage in the business of dealing in firearms you must be licensed. Period.
Again, The "business hours" that ATF requires on your application are the hours you expect to devote time and attention to your business......like surfing GunBroker and counting the wads of cash you will be raking in
They are not necessarily the same as your "public" business hours.