![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
|
FFL's Forum For open discussion between FFLs and polite questions for FFLs. |
![]() |
|
Thread Tools | Display Modes |
#1
|
||||
|
||||
![]()
This is for those who contemplate opening a business to sell guns.
BATFE says Quote:
Start reading here: California Department of Justice Becoming A Firearm Dealer And/Or Ammunition Vendor In CaliforniaHaving read those for an overview, the first thing you must DO is contact your local business license agency. An FFL applicant must have a business license that says, "Valid for the retail sale of firearms" before they do anything else. The CA DOJ will not issue you a valid CFD (centralized firearms dealer) number unless you have all of these items. 1. Local Business license stating "Valid for the retail sale of firearms". 2. Certificate of Eligibility (COE) (get it from CA DOJ) 3. Retail Sales Permit (BOE, Board of Equalization, sales tax permit) 4. Federal Firearms License If you will accept guns 'on consignment' (and, why would you not?) you also need a "Secondhand Dealer license, issued by [your] local Chief of Police or Sheriff in accordance with Business and Professional Code Section 21641." The secondhand dealer license/permit is a local thing, so it would be where you live, FDAS has been merged into DES; you still must submit "DROS ENTRY SYSTEM (DES) CONSIGNMENT AND/OR PAWN ACCESS APPLICATION", https://des.doj.ca.gov/forms/BOF_937...pplication.pdf California DOJ had a page of forms useful for dealers at http://oag.ca.gov/firearms/forms The Nov 1, 2012 list includes Using Contra Costa County as an example, their web site says Quote:
The full description of how to get a business license probably varies with every city and county and cannot possibly be included here. There is some helpful business-related information (you were planning to run your new FFL location as business, remember?): California Small Business Guide In ADDITION to Permits and Politics ... The State has requirements for storage of firearms and ammunition, and local governments may add to these: Penal Code 29141 describes a 'secure facility'; that's in with manufacturers (Division 7, Chapter 2), but also mentioned in Penal Code 26890 regarding storage of inventory firearms by ordinary FFLs (Division 6, Chapter 2); 'secure facility' is not defined in that chapter, but instead in 'Definitions' at 17110 (Thanks to RedPandaGear, 7-18-21) Some parts happily copied/stolen from posts lower in the thread - thanks! === 2022 Update === SB 1327 imposes comprehensive video surveillance requirements on FFLs as of 1 Jan 2024: PC26806It also imposes an insurance requirement as of Jul 1 2023: PC 26811 Last edited by Librarian; 01-05-2023 at 12:16 PM.. Reason: add DOJ page link |
#2
|
||||
|
||||
![]()
Thanks librarian. That's what I was looking for. Does anyone have any comments or stories on how difficult it was to attain FFL in California? I just thought it would be as difficult as getting a Concealed Handgun Permit. Hopefully it isn't.
|
#3
|
||||
|
||||
![]()
Librarian, edit your thread and tell them to start with the local business license agency. They must have a business license that says, "Valid for the retail sale of firearms" before they do anything else. The ATF will cash their check and issue an FFL that won't do them any good with the state if they do not have that business license first.
__________________
www.tenpercentfirearms.com is now closed. It was a nice run while it lasted. |
#4
|
||||
|
||||
![]()
I agree with Wes. If you can not get a local business license, which is the only one which might not be possible to get, then rest does not matter.
Also, they need to get a seller's permit (sales tax).
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#5
|
|||
|
|||
![]()
I've been asked this many times, and my standard response is that it usually comes down to the CLEO in your jurisdiction. A typical dealer in CA has the following licenses:
Getting a FFL is easy, to maintain it, you must be "in the business". In CA that means maintaining your status on the Centralized List. To maintain your status on the Centralized List you must have a Business License. To have a Business License, you must have approval of you local law enforcement. This requirement is actually codified in the PC and listed on your Centralized List confirmation as "Local Firearms License". In some jurisdictions, the Business License and Local Firearm License is combined. A sidelight, before CFLC came into being, having just a FFL was still advantageous for buying firearms wholesale as it takes a while for the ATF to realize you're not in the business. Now with CFLC, the number of suppliers is greatly limited if you are not on the Centralized List, and just having a FFL is not much use as no in-or-out-of-state FFL's will be able to ship to you. Last edited by dachan; 01-16-2011 at 8:06 AM.. |
#6
|
|||
|
|||
![]() Quote:
CA state law now requires any firearm shipped by a license holder to have CFLC authorization. CFLC authorization is only granted if the recipient is current on the Centralized List. Therefore, if you are not on the Centralized List, you will not be able to receive any firearm shipments from any license holder. And since all manufacturers, distributors, wholesalers and retailers of firearms are license holders, you will be severely limited on who can ship you a firearm, meaning pretty much only individuals. inside or |
#7
|
||||
|
||||
![]()
The (CFD / Centralized List) is only for FFL's in CA
How would a FFL out side of CA use the list Dave FYI I do have this CFD for Gunsmiths only I do not sell firearm only repair Quote:
|
#8
|
|||
|
|||
![]() Quote:
As a gunsmith, you may have a CFD but may not be on the Centralized List. There are additional requirements and fees to be on the Centralized List. |
#9
|
||||
|
||||
![]()
The fee for gunsmith's in CA is $125.00 a year
Even with this I can not sell firearms in CA At this time I have not use CFLC Dave Quote:
Last edited by Gunsmithing; 01-22-2011 at 8:06 PM.. |
#11
|
||||
|
||||
![]()
I experienced that as well. I was told to bring in the FFL when issued and they would complete the business license with the magic wording to satisfy DOJ since I already got clearance from the city planning department.
__________________
![]() Check out our e-commerce site here: www.ebrworks.com Serving you from Prescott, AZ |
#12
|
||||
|
||||
![]()
I'm interested in getting my 07 as well. I like to build/ modify firearms. I'm just wondering if I could work an 07 into a 01 down the line. Does anyone know if an 07 easier to get zoning wise as opposed to a 01? Are the annual fees less for an 07?
__________________
WWW.SANTACRUZARMORY.COM |
#13
|
||||
|
||||
![]() Quote:
The ATF will give you a license. They do not care as long as you are not a prohibited person. They will cash your $200 check and they don't care if you have a license you can't use. If your city won't approve you a business license with "Valid for the Retail Safe of Firearms" printed on it, the CA DOJ will not issue you a CFD and you will not sell guns in this state. So I would not go through the trouble and effort of spending time and money for a license if I did not know that the city had or was guaranteed to give me a business license. Good luck!
__________________
www.tenpercentfirearms.com is now closed. It was a nice run while it lasted. |
#14
|
||||
|
||||
![]() Quote:
In short if you send the ATF $200, they are going to send you back a valid FFL. However, in order to legally sell firearms in the State of California, the CA DOJ certainly cares about everything else. The CA DOJ will not issue you a valid CFD (centralized firearms dealer) number unless you have all of these items. 1. Local Business license stating "Valid for the retail sale of firearms". 2. Certificate of Eligibility (COE) (get it from CA DOJ) 3. Retail Sales Permit (BOE, Board of Equalization, sales tax permit) 4. Federal Firearms License If you do not have all four of those items, don't even bother sending anything in to the state. They will send your whole application back and tell you no. Now, what is usually the hardest item to get? 1. Local Business License: YES! This is the hardest item because some jurisdictions won't allow residential firearms businesses. Some just don't like gun shops. So if I were doing this, I would not do anything else until I had this license or concrete assurances I would get one. 2. Anyone can get a COE. ANYONE! It basically says you are not a prohibited person. Of course prohibited persons can''t get one. 3. Anyone can get a retail sales permit. 4. Anyone can get a FFL. In theory you could do all of this without having an actual business. You could fill all of this out using an address and not until it is time to actually come inspect the business will you need to have something at that address. Even then you still don't have to have any of that in place as the ATF inspection is more of an explanation of the rules.
__________________
www.tenpercentfirearms.com is now closed. It was a nice run while it lasted. |
#15
|
|||
|
|||
![]()
I have a coe through my 03 license, and I have a resale permit. My city is very reasonable with ffl's, and if not, there is a city nearby that is practically a lock as far as the CLEO is concerned. So my steps then would be to ...
1. Apply for my local business license with the correct wording. 2. If I get approved for the license, then apply for my FFL. 3. If everything goes through with that, then I could send the information to the State for my CFLC? 4. If I get all of the above handled, then I could expect a meeting with BATFE for the explanation? My only remaining question is how does the CLEO relate to the business license? Are they hand in hand? Do the persons who approve the license need approval from the CLEO because of the nature of the business? Also, do you apply for an 07 at the same time? The gun shop I worked at for a year did not have our 07 until about 6 months after I worked there. Then we got it and began manufacturing AR's. Thank you for your in-depth response. Very helpful. Quote:
|
#16
|
||||
|
||||
![]() Quote:
Once you get a business license, apply for the FFL, COE, and Retail Sales Permit (I know you have a COE) all at the same time. Quote:
Quote:
Quote:
Now this isn't to say that your local business license agency might not require CLEO to sign off on your local business license. However, there is no BATFE requirement for CLEO approval to receive your 01/07 FFL. Again this is why local business license is the first and foremost step. Starting anywhere else is potential waste of time and money. If I am correct, you are either an 01 or an 07. You are not both. So if you want to be an 07, apply for that instead of an 01. As an 07 you can do everything an 01 can in the State of California.
__________________
www.tenpercentfirearms.com is now closed. It was a nice run while it lasted. |
#18
|
|||
|
|||
![]()
Has anyone ever heard of dealing strictly online? Putting a website together and just dealing that way with all merchandise secured in a safe at one's residence? I live in oakland so there's no way i'd get a license for a storefront (not sure i'd want that kind of overhead anyway), but i've been kicking around the idea of having a strictly online business with the business address being my residence.
I've looked at the required forms and they don't really seem geared to this way of doing business. Any feedback is appreciated. Thanks Last edited by twoguesses; 02-10-2011 at 6:12 PM.. |
#19
|
||||
|
||||
![]()
It should be possible, but I think that it will not work since you need a business license which is valid for the retail sale of firearms. If you don't have a local business license, then you can't get on the CFD list and if you can't get on that and have all the permits, then your FFL would not be valid.
You could check to see if you can get a local business license with the restriction that you have no one come to your location (might be a problem with UPS/FedEx).
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#20
|
|||
|
|||
![]() Quote:
I frankly would just be trying to recoup the periodic fees for being an FFL and getting on the CFD while having the convenience of the 01 license. Wouldn't really be trying to get rich. Thanks for the input. Going to go over the scenarios and see what local muni has to say. |
#21
|
|||
|
|||
![]()
Just out of curiosity, what if one wants an FFL to get guns for themselves that they would not otherwise be able to get? They would not be in the business of selling firearms, but would simply pay all of the taxes and fill all of the requirements so that they would be able to get a cool collection. Is that a definite impossibility or is it simply unfeasible because of the costs?
|
#22
|
||||
|
||||
![]()
The costs can be high, but more importantly a 01 FFL is not for a personal collection, but for a business. It is appears that you are not in business, they could revoke your FFL.
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#23
|
|||
|
|||
![]()
Ahh. Well, not to give anyone here the wrong impression, but what if the person in question were to simply do one PPT or something similarly small (say for just calgun forum members in the West Los Angeles area) per calender year. I know that the government frequently oversteps a great deal of boundaries when it comes to this area, or at least it seems that way to me, but there's no law against being a bad business person.
|
#24
|
||||
|
||||
![]()
From my research on the matter, ATF will not renew FFL license after the first three year period, if no sales have been recorded. So I guess you would have 3 years to purchase all the firearms you would want for yourself before the "curtain was closed". Not to mention, you are going to need references to get accounts from manufacturers-(good luck). Although I haven't been researching for more than a couple weeks.
I am looking to start small, sell to friends and family first, as I expand to an internet base. Eventually moving to a retail location in 2-3 years time, and I've already got a massive headache trying to piece this all together step by step the right way, the first time. I'm thinking that state gov. puts so many road blocks in front of you so one will throw their hands up in despair and walk away from it. (arming yourself with flowers and winning one for the dems!) |
#25
|
||||
|
||||
![]()
Yes, you could do some PPTs, but in the end if the BATF decides that you are not in the business, you could have a problem. Also, consider all the costs. I suspect it could be cheaper to move out of CA to buy the firearms you want and then move back :-).
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#28
|
||||
|
||||
![]() Quote:
__________________
Visit my page at www.echoarms.com for casting, reloading, and firearms accessories. Like my Facebook page: Echo Arms |
#29
|
||||
|
||||
![]()
Yes you will need a business license in most of CA.
Some times it is not hard Most city's like you sell on main street not your home. The 07 is use by some retailer to assemble guns in C zoning but you do have more paper work and taxs from the FED's Good luck Dave
__________________
************************************************** *********
David Smith Gunsmith in Fresno and Clovis CA Web site: http://gunsmithing1.tripod.com/ Email at gunsmithing@live.com Our focus is working on your firearms, We do not engage sales or transfer of firearms. Gunshop and Gunsmith Services PricingOther interest web site in Fresno Clovis CAhttp://finance.groups.yahoo.com/group/southbendlathe9/ ![]() Any posting of mine are not legal advice, which can only be given by a Attorney. Last edited by Gunsmithing; 03-01-2011 at 2:12 PM.. |
#30
|
||||
|
||||
![]()
I believe that the FFL application states that you will get, not have, the required permits and licenses, which indicates that it is acceptable to get the FFL before all the other permits. Perhaps they won't do that in practice though.
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#31
|
||||
|
||||
![]()
I have a home based FFL, teh ATF and DOJ want you to give them hours of operations, 20 minimum a week. I was led to believe, they don't want you doing buisness on the internet or mail exclusivley. Doing transfers is still doing buisness as far as they are concered. On another note, there are distributers out there who will work with home based buisnesses and are happy to do so.
Good luck with your buisness |
#32
|
||||
|
||||
![]()
I have never heard of the 20 hours and I have been a FFL since 1993. They do want hours that they can just stop by and I have listed by appointment and one hour per week and nothing has ever been said. An inspector came outside the hours, but I talked to him anyhow :-). He actually was going to just show up, but could not figure out how to get to my place (not the best GPS I guess).
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#33
|
||||
|
||||
![]()
I'm in the application process now, and I'm getting a bit confused by the need for different licenses, etc.
I already have the approval letter from the Zoning/ Planning Dept. stating that I am approved for firearms sales and gun-smithing/ manufacturing. No business license is required. Do I get the other business license from the Sheriffs office? Do I need A Federal EIN? Do I have to be registered with the CA Secretary of State? I know I need a seller's permit from the BOE. What are my annual sales? I have a full time job and I plan to start out slow. A few special order sales, transfers, maybe a AR or AK built as well. But really want a storefront in a couple years. I'm just a bit confused as to the sequence of events and whats needed for the ATF visit, etc.
__________________
WWW.SANTACRUZARMORY.COM |
#34
|
||||
|
||||
![]() Quote:
You probably need an EIN. I think you get those online instantly if my memory serves me correctly. You need to register with the Secretary of State if you are incorporating. Guess what your annual sales will be. They only ask that so they know whether to ask for monthly vs quarterly sales tax payments. Send in your ATF form 7 if you haven't already. The ATF doesn't care about any of this stuff. It is the CA DOJ that will want everything perfect before they proceed.
__________________
www.tenpercentfirearms.com is now closed. It was a nice run while it lasted. |
#35
|
||||
|
||||
![]()
A Federal EIN is needed if you hire employees.
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#36
|
||||
|
||||
![]()
BLFD1,
I had my BATF visit about 3 weeks ago, no big deal. The inspector stayed for about 1 1/2 hours, asked a few basic questions, went through a checklist, showed me some forms, went over the A&D book in detail, then went on her way. It was not threatening in any manner. Now, the first thing I did before sending the ATF money, I got the zoning/planning department to approve my pending store address for retail sales of firearms. Once done with that, I sent in my federal application. While waiting (about 2 1/2 months for the initial visit) I got my COE and state resale permit. When the BATF visited, she wanted to see the approval from the zoning/planning. Two weeks later, I got my FFL 01 in the mail, went back to the city and got my business license (along with providing them my FFL, COE, and resale permit). Next step, sent my FFL, COE, resale permit, and business license to the State to get my CFD. They should be here within 30 days for an initial license. After that, CFLC in order to purchase firearms and get them shipped to me. YES, a lot of hoops to jump through, lots of paperwork and time investment! |
#37
|
||||
|
||||
![]()
It was for my wife. What county are you in? LA County? Forget about it! Kern County? Game on.
__________________
www.tenpercentfirearms.com is now closed. It was a nice run while it lasted. |
#39
|
|||
|
|||
![]()
What if I wanted to become a firearms dealer just to have my own in-house DROS terminal to process PPTs and firearms transfers?
A receiving service, as it were -- no retail sales at all. Receive guns from out of state FFLs and complete the transfer paperwork only. I understand that I'd be obligated to process PPTs for anyone who finds me. I know it's an oddball question. Transaction volume would be low at first but might pick up. I am told (by DOJ no less) that there are dealers who have DROS terminals without a storefront to work out of. How is this possible? I ask because opening a retail storefront is cost prohibitive but working out of leased space is not. Also, jumping through the hoops to get local zoning authority approval for a retail establishment is non-trivial, but since I don't plan to actually sell guns, is there a way to avoid this requirement? Also, does the requirement to have a secure premise apply to my entire store, or only to where I keep the guns while the store is closed? Could I keep the guns in an (alarmed) vault instead of putting bars on all the windows, etc.? Thanks. |
#40
|
||||
|
||||
![]()
Depending on where you live, it is possible to do operate a FFL business out of your house as a non-stocking FFL.
You need to check with you local government (City or County). A safe works for secure storage. There are other options, but most are not practical nor liked.
__________________
Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
![]() |
Thread Tools | |
Display Modes | |
|
|
![]() |
![]() |
![]() |