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  #1  
Old 10-04-2019, 9:19 PM
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Default FFL03 QUESTION - RESPONSIBLE PERSON

I had an FFL03 ABOUT 10 YEARS AGO AND I'M RE-APPLYING.

I'M NOT SURE WHAT TO PUT FOR LINE 21 - RESPONSIBLE PERSON (ME)
IT ASKS IF I HAVE EVER HAD A LICENSE BEFORE WHEN I SAID YES AND PUT DOWN MY OLD NUMBER, I DON'T KNOW IF I'M SUPPOSED TO PUT MYSELF AS THE RESPONSIBLE PARTY B/C THE DOJ/ATF DOES NOT CONSIDER FFLO3'S BUSINESS......

SO SHOULD I WITH HOLD MY NAME OR JUST ADD IT. I DON'T WANT THE APPLICATION SENT BACK TO ME
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  #2  
Old 10-04-2019, 11:36 PM
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My 2 cents (which is not construed to be legal advise or accurate)...

I would suggest looking at the third definition on the definition page where it states in addition to a Sole Propriator it also apples to the responsible party for a Corporation, etc.

Depending on how you answered line #1 on the application, it appears if you are a Sole Propriator then you are a Responsible Party. Likewise, if you are a corporation, etc, then name the appropriate person, which may or may not be you depending on your set up.

The same would reasoning go for your previous 03 license in order to answer the question.

Hope this helps.

Best wishes OP.
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  #3  
Old 10-05-2019, 12:26 AM
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Quote:
Originally Posted by FluorideInMyWater View Post
I had an FFL03 ABOUT 10 YEARS AGO AND I'M RE-APPLYING.

I'M NOT SURE WHAT TO PUT FOR LINE 21 - RESPONSIBLE PERSON (ME)
IT ASKS IF I HAVE EVER HAD A LICENSE BEFORE WHEN I SAID YES AND PUT DOWN MY OLD NUMBER, I DON'T KNOW IF I'M SUPPOSED TO PUT MYSELF AS THE RESPONSIBLE PARTY B/C THE DOJ/ATF DOES NOT CONSIDER FFLO3'S BUSINESS......

SO SHOULD I WITH HOLD MY NAME OR JUST ADD IT. I DON'T WANT THE APPLICATION SENT BACK TO ME
I always put myself down as the first responsible person since that is the first instance where the form asks for your SSN and various other PII that they use to run the background check. YMMV.
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  #4  
Old 10-07-2019, 5:00 PM
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Quote:
Originally Posted by ARFrog View Post
My 2 cents (which is not construed to be legal advise or accurate)...

I would suggest looking at the third definition on the definition page where it states in addition to a Sole Propriator it also apples to the responsible party for a Corporation, etc.

Depending on how you answered line #1 on the application, it appears if you are a Sole Propriator then you are a Responsible Party. Likewise, if you are a corporation, etc, then name the appropriate person, which may or may not be you depending on your set up.

The same would reasoning go for your previous 03 license in order to answer the question.

Hope this helps.

Best wishes OP.
the caveat is that a collector is not a sole-proprietor b/c the ATF does not recognize an FFL03 as a business, as it cannot conduct any business.
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  #5  
Old 10-07-2019, 5:14 PM
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i did not check the "sole-propriator" box under PART A. i just checked "collector".....

under instructions #8 it says that the FFL03 "only pertains to c&r guns" and that "you may NOT engage in any type of business.
so if this is NOT a business why would you need a responsible party since by definition, the responsible party manages and makes decisions regarding the practices and policies of the organization (corporations, associations, and partnerships)

it's confusing, to me.
and who is line 40 pertaining to? is this ATF USE ONLY, or does this pertain to the applicant?
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  #6  
Old 10-07-2019, 5:23 PM
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I checked my form, I filled it out with my name as responsible person.
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Old 10-07-2019, 5:29 PM
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You need to check 03 under type part 10.
Responsible party is who the ATF will call and ask for if they want to do an audit of your book. The syntax and wording of the line is to cover all possible FFL types, is my guess.
Line 40 clearly states you are declaring.
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  #8  
Old 10-07-2019, 5:29 PM
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Please delete, lag caused dupe post. Thank you.
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  #9  
Old 10-07-2019, 7:04 PM
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Quote:
Originally Posted by FluorideInMyWater View Post
the caveat is that a collector is not a sole-proprietor b/c the ATF does not recognize an FFL03 as a business, as it cannot conduct any business.

Yes, a party that wishes to "engage in a firearms business" should apply for a license other than FFL 03. Likewise, a person applying for a FFL 03 license is doing so "to facilitate a personal collection."

That said the answer was/is the same - what did you fill out in the first question? If collector, then fine. However, look in the parenthesis behind the collector box to see that a collector can be other than a natural person.

So again, state who is the "responsible person" who is signing (Instruction #2), responsible for policies, practices, etc. (Definition #3) and who is responsible for the license for contact and notice purposes? Write down that person's name.
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Old 10-07-2019, 7:34 PM
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Quote:
Originally Posted by FluorideInMyWater View Post
i did not check the "sole-propriator" box under PART A. i just checked "collector".....

under instructions #8 it says that the FFL03 "only pertains to c&r guns" and that "you may NOT engage in any type of business.
so if this is NOT a business why would you need a responsible party since by definition, the responsible party manages and makes decisions regarding the practices and policies of the organization (corporations, associations, and partnerships)

it's confusing, to me.
and who is line 40 pertaining to? is this ATF USE ONLY, or does this pertain to the applicant?
Just under the fold there is a check box that indicates that you aren't in business. It's a five week delay for you to check the unchecked box and send it back......
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  #11  
Old 10-08-2019, 7:02 PM
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and I keep a copy of the form so I do remember what i put.
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  #12  
Old 10-08-2019, 7:31 PM
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Quote:
Originally Posted by bruce381 View Post
and I keep a copy of the form so I do remember what i put.
Ding, ding, ding...give that man a government Cupie doll!

Good suggestion for us all OP.
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  #13  
Old 10-08-2019, 11:13 PM
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Quote:
Originally Posted by TKM View Post
Just under the fold there is a check box that indicates that you aren't in business. It's a five week delay for you to check the unchecked box and send it back......
just under the fold.........where? i can't find that check box. what page/number/subsection is it?

i only checked in PART A "Collector"
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  #14  
Old 10-08-2019, 11:33 PM
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Quote:
Originally Posted by bruce381 View Post
and I keep a copy of the form so I do remember what i put.
do you mean atf page 1, #10, subsection 3"?


SO...
Im just trying to figure out what you guys did (not sinking in)
are you saying that in PART A you check the "COLLECTORs" box AND the "Sole Proprietor's" box? or another box (individual owner, partnership, corporation, LLC)

that would make more sense if you did.
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  #15  
Old 10-09-2019, 12:18 AM
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not sure where these forms came from, but i have an Enironmental information form and "supplemental information on water quality coniderations.

are these required forms that i need to fill out and turn in?
are there any other forms besides the:
ATF E-Form 7(5310.12)/7CR(5310.16) Revised April 2019 or is that all you need (mail that in and a copy to the cleo)?
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