New C&R Applicant - Maybe

[Rothdel]

My tastes in guns have slowly but surely transitioned to military sidearms of WW1-2 vintage. The last 3 guns I purchased P38, 1895 Nagant, and Colt 1903 would have paid for the C&R so I'm convinced and ready to take the plunge.

I filled out the form online but I have a few questions if anyone is wiling to take the time to help me out here.

1. Do I need fingerprints? I have read on forums that I do but I have not found anything on the ATF website that corroborates this. Am I missing something?
2. I am the only one applying for the license as an individual but I am married. Do i have to list my wife on the form since she lives at the same residence? Got this from a local law enforcement officer but again can not validate off the ATF website.
3. I have to mail a copy of the form to my local chief of police. What do they do with the form and do they have any say on approving it? I ask since I do not know our current COP stance on second amendment rights.
4. I know I need to keep a bound book once I get my license. Would I need to record any guns that could be covered by the C&R Licensee I received by going through an FFL prior to receiving the license.
5. once I have the license if I buy a gun that could be covered under the license but go through an FFL am I required to document in the bound book as well?

[carguychris]

Originally Posted by Rothdel

Do I need fingerprints? I have read on forums that I do but I have not found anything on the ATF website that corroborates this. Am I missing something?

Look here for the ATF requirements. You will need to file an ATF Form 7CR. The standard ATF Form 7 is NOT for C&R applicants.

Originally Posted by Rothdel

I am the only one applying for the license as an individual but I am married. Do i have to list my wife on the form since she lives at the same residence? Got this from a local law enforcement officer but again can not validate off the ATF website.

You only need to worry about filling in other people's information on Form 7CR if you are applying on behalf of a formal legal corporation or partnership. A marriage is not that type of partnership.

In most cases, C&R licenses are obtained by individuals because—by definition—it is unlawful to use a C&R license to conduct business in selling firearms. I speculate that most entities that have to fill out the partnership or corporation portion of Form 7CR are museums and suchlike, as they would have valid reasons to acquire historic firearms without any plans for eventual resale.

Originally Posted by Rothdel

I have to mail a copy of the form to my local chief of police. What do they do with the form and do they have any say on approving it?

It is for notification only, NOT for approval. It's impossible for me to say what your local police does with the form, but it's been speculated in past TFL threads that most LE agencies probably shred it, or stick it in some dusty file box in the janitor's closet and forget about it.

Originally Posted by Rothdel

Would I need to record any guns that could be covered by the C&R Licensee I received by going through an FFL prior to receiving the license.

I'm not exactly sure what you mean by this, but to answer the question I think you're asking, the bound book is meant strictly for acquisitions and dispositions during the time that you hold the license.

IOW if you have a C&R firearm before you get the license, you don't have to log it in, because you didn't acquire it during the license term; likewise, if you allow the license to expire while you still possess C&R firearms you acquired with the license, you don't have to log them out, because you still have them. Similarly, there is no reason to log in firearms if and when they become C&R during your license term; you only need to log them out when you dispose of them.

Originally Posted by Rothdel

once I have the license if I buy a gun that could be covered under the license but go through an FFL am I required to document in the bound book as well?

Absolutely. That is the purpose of the bound book – to document transactions that occur while you hold the license. Firearms should be logged in regardless of where and from whom you acquire them; likewise, they should be logged out when you dispose of them, regardless of the location and recipient.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not legal advice. Caveat emptor and YMMV.