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Old December 1, 2012, 02:40 AM   #1
ka26
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Join Date: October 16, 2012
Location: Texas
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FFL Problems

I need some advice on what to do here:

I've been wanting to get my FFL & start a home based business. I met with the local city officials and the HOA and was immediately given the green light by both. I also met with the chief of police, however he wanted me to do a few things to enhance the security of my home since there could be guns in there if I don't choose to store them somewhere else (undecided on that).
I've complied with everything he asked, & have spent about $3,000 doing so. When I called the police station to set up a time to stop buy & have him sign the paperwork I was informed that he was no long with the department (I don't know why) & that they don't currently have a chief of police. The people up there also don't know when they will be getting a new chief of police.

I've already emailed the ATF & have gotten no reply. Does anyone know if there is any way around this, maybe having the next highest ranking guy sign? Or am I basically stuck until we get a new chief of police & hope that he doesn't have more hoops for me to jump through?
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Old December 1, 2012, 03:01 AM   #2
breakingcontact
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There should be an acting Chief of Police. Contact your city council?
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Old December 1, 2012, 10:01 AM   #3
g.willikers
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Maybe the former Chief could still sign, considering the situation, and the fact he was still acting chief at the time that the paperwork was being done.
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Old December 1, 2012, 10:17 AM   #4
Carne Frio
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Would your county sherif qualify ?
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Old December 1, 2012, 10:41 AM   #5
Aguila Blanca
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Someone in the department MUST be the acting chief, or must be the assistant (or deputy) chief. If there is no current, full-time chief, whoever is the current head of the department can sign as acting chief. Whether or not he or she WILL sign is an open question.
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Old December 1, 2012, 04:31 PM   #6
dogtown tom
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Quote:
ka26 ...... I also met with the chief of police, however he wanted me to do a few things to enhance the security of my home.......
Why on earth would you do this?
There is no requirement by ATF or Texas law to seek the approval of the local PD when applying for an FFL.


Quote:
I've complied with everything he asked, & have spent about $3,000 doing so. When I called the police station to set up a time to stop buy & have him sign the paperwork
Sign what paperwork?
There is no place for a police chief to sign your FFL application. You've just blown $3,000.


Quote:
I've already emailed the ATF & have gotten no reply. Does anyone know if there is any way around this, maybe having the next highest ranking guy sign? Or am I basically stuck until we get a new chief of police & hope that he doesn't have more hoops for me to jump through?
Have you actually read the application for a Federal Firearms License?

When you complete the FFL application you give a copy of the app to your chief law enforcement officer...........its for his files and no action is required on his part.

If you had searched the archives here it TFL you would have saved yourself a lot of $$$$ and trouble:

See this thread:http://thefiringline.com/forums/show...ighlight=texas

Quote:
DogtownTom's Steps to getting an 01FFL in Texas:



1. Check with your city and county to see if home based business are allowed or not. Deed restrictions or homeowners association rules may prohibit home business as well. If you rent your home then read your lease contract to see if home business is allowed. Usually city & county websites will have this info on their website. Print out a copy of those rules and keep them. If all is okay with a home based business then...

2. Decide what kind of business structure you want to have: corporation, LLC, partnership (if you have a partner) or sole proprietorship. There are advantages to each kind: sole proprietor is the easiest, corporation or LLC may give you certain legal protections. Once you decide...

3. Go to the county courthouse and apply for an assumed name (DBA). Do this before you incorporate or form a partnership because the name you want may be taken. If you’ve already done this for your other business you could just use that name. Now that you have a name for your business...

4. Go to the IRS website and get a Federal EIN # for Federal tax purposes. Then...

5. Go to http://www.state.tx.us/portal/tol/en/bus/home and apply for your Texas Sales Tax & Use Certificate- this will be required. BTW, there is no sales tax paid on transfer fees- only on firearms you sell. You do not collect Texas Sales Tax on guns the customer buys and has shipped to you.

6. Decide what your “business hours” will be. These are not necessarily hours that you are open to the public, but hours you plan to devote time and attention to your business. My real job is teaching- so I put my “business hours” as M-F 5-10p. ATF wants to see that you are actually going to be in the business of dealing firearms. You can always change those hours later if needed.

7. Complete the Form 7 Application for Federal Firearms License. It doesn’t carbon copy, so you’ll have plenty of writing to do. It is actually three identical forms. Keep a copy for yourself, send a copy to the chief law enforcement officer of your city or county- and put a sticky note on it that says “For Files Only- No Action Needed”. Along with the Form 7, ATF will have sent fingerprint cards. Go to any law enforcement agency and tell them you need “prints for file” or “prints for Federal background check”. They should not charge you. Use ONLY the ATF fingerprint cards. Get two passport size photos taken. Mail this last Form 7 to ATF along with the app fee of $200, fingerprint cards and passport photos. I sent mine Priority Mail with Delivery Confirmation. How long you wait for the FTF interview with ATF depends on the volume of FFL applicants. While you are waiting...

8. Go to www.atf.gov and start reading EVERYTHING. I started with the “FAQ’s”, but keep in mind they are not the actual law, just a quick reference. I applied in June ’08 after school was out and spent at least an hour a day reading something on the ATF site. At some point, an ATF Industry Operations Investigator will call to set up an appointment for your interview. The interview will be at your “licensed premises” (your home). Odds are, he will already know if your home is legal for a home based business, but show him the proof you got in #1 above. Then...

9. At the interview, the IOI will review your application for accuracy and briefly review the various forms. It shouldn’t take more than an hour. He may ask about safes, alarms, etc. NONE of which are required- but it would make ATF very happy if you have a safe and alarm system. “Secure storage” has to do with gun locks for customer guns. Federal law requires every FFL to have gunlocks available for every firearm that they transfer. Almost all new guns come with a lock. Free locks are often given away at gun shows or you can buy them for as little as $1 each. After the interview...

10. He should have given you an idea whether you will get approved. The app will be reviewed by his supervisor before being approved. You should get your actual license in three to six weeks. Once it arrives...

11.Do NOT sign the license- leave it blank! Take it to Kinko’s and make LOTS of copies. I highly recommend signing one copy and having Kinko’s scan it both as a .jpg file and as a .pdf file. You can then email that FFL rather than faxing it. Faxed FFL’s often come out unreadable, not to mention it cost me nothing to email a copy, while faxing costs me paper and a big phone bill.

12. Immediately register with the FBI NICS http://www.fbi.gov/hq/cjisd/nics.htm You can’t transfer guns until you do. I registered with NICS at 7pm, at 9:30am the next morning they called to tell me I was active. After that...

13.Order your 4473’s from ATF, along with Multiple Sale of Handgun forms, Youth Gun Safety brochures and other forms you might need. ATF may have sent some when you get your license, but more is better. There is no official “bound book” and there are several different ones out there- I buy mine from Brownells because they are cheap. Order at least a pack of three. Put them in a three ring binder. Then...

14. Go to GunBroker, Auction Arms, GunsAmerica, etc and list yourself in the “Find an FFL” directory. After that things like business cards and the like to spread the word about your new FFL.

15. Although not required I highly recommend getting insurance. Collectables Insurance http://www.collectinsure.com/index.html has a firearm dealer policy that protects your inventory, when you ship customers guns and your guns on the table at gun shows. I also have my personal guns insured through them. Very easy to deal with.

16. AR15.com has an FFL forum that has good information and is worth a visit.



Whatever you do………don’t buy one of those “Get your FFL Kits” off the internet. They don’t tell you anything I didn’t write above.
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Old December 1, 2012, 06:32 PM   #7
ka26
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Join Date: October 16, 2012
Location: Texas
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When I called the station and spoke with them I was told they have a "supervisor" in charge now. No one up there, including the supervisor, seemed to know what was going on in regards to who the new chief would be or when he/she would be there.

@dogtown tom:

Wow, when I called the ATF they said I had to get approval from the chief of police, also the local city officials here said that they were fine with it as long as I got the chief's approval. Luckily that $3,000 was money I was already planning on spending, I just wanted to wait until after I got the FFL just in case by some chance I don't get it.

Even though I don't need the chief's approval, I do still need to know who the chief is don't I? Under box #27 it asks for name of CLEO and CLEO's address.

Last edited by ka26; December 1, 2012 at 06:57 PM.
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Old December 1, 2012, 07:29 PM   #8
dogtown tom
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Quote:
ka26 ......Wow, when I called the ATF they said I had to get approval from the chief of police....
Verbal "advice" from ATF or any government agency is worth the paper its printed on.

The only time approval from a CLEO is required in regards to firearms is the CLEO signature when applying as an individual for an NFA tax stamp.



Quote:
also the local city officials here said that they were fine with it as long as I got the chief's approval.
City officials opinions do not count.......laws, ordinances, HOA covenants do. Make sure you have it in writing that you can conduct business from your home.


Quote:
Even though I don't need the chief's approval, I do still need to know who the chief is don't I? Under box #27 it asks for name of CLEO and CLEO's address.
Your county will have a Sheriff..........use his name and address.
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Old December 1, 2012, 07:37 PM   #9
ka26
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Great, I wasn't aware I could do that. Thank you
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