01 / 07 FFL Facility & Security Requirements

[Spectre1995]

I'm going to be applying for either an 01 or 07 FFL in the next week or so to fulfill my goal of becoming a full fledged gunsmith. I've been a hobby gunsmith since I was 18, and have since earned several certificates and went through a two year apprenticeship and finally got to the point where I'm confident enough to work on all types of firearms, both new and old. I actually specialize in antique and vintage firearms, which seems to be a rarity these days. I'm incredibly excited to finally be "pulling the trigger" to get my business up and running.

Anyways, enough about me - what I'm here for is to ask some questions about facility requirements based on three possible scenarios. All of which are intended to be for a home based FFL at my residence.

1 - Exempted 01 FFL: My city requirements make it difficult to apply for a "real" FFL based on zoning issues, which mainly pertains to sales. They have no problem with gunsmithing activities, but sales require special permiting. Does the state / county (LA) require anything specific as far as facility requirements (security system, etc) for exempted 01 FFL's that won't be conducting sales or transfers?


2 - Standard 01 FFL: If I jump through the flaming hoops my city laid out and go for a "real" 01 FFL with all the bells and whistles, are there any specific facility requirements (security system, etc) for 01 FFL's aside from what's recommended by ATF / DOJ (i.e. safe bolted down, alarm system, etc). I currently have a motion sensing infrared camera that spans the entirety of my shop which alerts my phone, computer, as well as the phones of several other trusted individuals in the event that the camera picks something up.

3 - 07 FFL for R&D: This is more of a "maybe" idea. I read that I can apply for an 07 FFL (manufacturers) for the purposes of Research and Development and be exempted from ITAR requirements if I don't sell what I am manufacturing. The intent here was to be able to design, prototype, and test some of my own designs without running afoul of California's so-called "zip gun" laws as well as several other laws. If I were a manufacturer for R&D purposes only, would that also exempt me from the facility requirements outlined in CA Penal Code 29141? If I were to apply for this 07 FFL, my intent would still be to primarily conduct gunsmithing activities, as well as occasional sales / transfers on top of my own R&D activities.

Thank you all in advance!

[Quiet]

For CA 01-FFL...

Penal Code 26890
(a) Except as provided in subdivisions (b) and (c) of Section 26805, any time when the licensee is not open for business, all inventory firearms shall be stored in the licensed location. All firearms shall be secured using one of the following methods as to each particular firearm:
(1) Store the firearm in a secure facility that is a part of, or that constitutes, the licensee’s business premises.
(2) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.
(3) Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.
(b) The licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those specified in subdivision (a).
(c) Upon written request from a licensee, the licensing authority may grant an exemption from compliance with the requirements of subdivision (a) if the licensee is unable to comply with those requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the licensee.
(d) Subdivisions (a) and (b) shall not apply to a licensee organized as a nonprofit public benefit corporation pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or as a mutual benefit corporation pursuant to Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code, if both of the following conditions are satisfied:
(1) The nonprofit public benefit or mutual benefit corporation obtained the dealer’s license solely and exclusively to assist that corporation or local chapters of that corporation in conducting auctions, raffles, or similar events at which firearms are auctioned or raffled off to fund the activities of that corporation or the local chapters of the corporation.
(2) The firearms are not handguns.


For CA 07-FFL...

Penal Code 29140
A licensee shall store in a secure facility all firearms manufactured and all barrels for firearms manufactured.

Penal Code 29141
Except as otherwise provided in Section 29142, as used in this chapter, “secure facility” means that the facility satisfies all of the following:
(a) The facility is equipped with a burglar alarm with central monitoring.
(b) All perimeter entries to areas in which firearms are stored other than doors, including windows and skylights, are secured with steel window guards or an audible, silent, or sonic alarm to detect entry.
(c) All perimeter doorways are designed in one of the following ways:
(1) A windowless steel security door equipped with both a deadbolt and a doorknob lock.
(2) A windowed metal door equipped with both a deadbolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window is covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
(3) A metal grate that is padlocked and affixed to the licensee’s premises independent of the door and doorframe.
(4) Hinges and hasps attached to doors by welding, riveting, or bolting with nuts on the inside of the door.
(5) Hinges and hasps installed so that they cannot be removed when the doors are closed and locked.
(d) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
(e) No perimeter metal grates are capable of being entered by any person.
(f) Steel bars used to satisfy the requirements of this section are not capable of being entered by any person.
(g) Perimeter walls of rooms in which firearms are stored are constructed of concrete or at least 10-gauge expanded steel wire mesh utilized along with typical wood frame and drywall construction. If firearms are not stored in a vault, the facility shall use an exterior security-type door along with a high security, single-key deadbolt, or other door that is more secure. All firearms shall be stored in a separate room away from any general living area or work area. Any door to the storage facility shall be locked while unattended.
(h) Perimeter doorways, including the loading dock area, are locked at all times when not attended by paid employees or contracted employees, including security guards.
(i) Except when a firearm is currently being tested, any ammunition on the premises is removed from all manufactured guns and stored in a separate and locked room, cabinet, or box away from the storage area for the firearms. Ammunition may be stored with a weapon only in a locked safe.

Penal Code 29412
(a) For purposes of this chapter, any licensed manufacturer who produces fewer than 500 firearms in a calendar year within this state may maintain a “secure facility” by complying with all of the requirements described in Section 29141, or may design a security plan that is approved by the Department of Justice or the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
(b) If a security plan is approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the approved plan, along with proof of approval, shall be filed with the Department of Justice and the local police department. If there is no police department, the filing shall be with the county sheriff’s office.
(c) If a security plan is approved by the Department of Justice, the approved plan, along with proof of approval, shall be filed with the local police department. If there is no police department, the filing shall be with the county sheriff’s office.


For CA Dangerous Weapons Permit holders (FFL/SOT)...

California Code of Regulations Title 11 Division 5 Chapter 7 Article 4 Section 4138
General Compliance.
(a) Dangerous weapons shall only be stored in facilities, or transported in vehicles, that meet the security requirements described by section 4139 of these regulations, and that have been reported to the DOJ on form BOF 045 (Rev. 12/2019).
(b) Form BOF 045 (Rev. 12/2019) will require the licensee/permittee to provide the following information:
(1) The phone number and physical address of all primary and, if applicable, secondary security compliant storage locations.
(2) The year, make, model, and vehicle identification or license plate number(s), of all security compliant vehicles and trailers.
(3) Statement that all locations and vehicles meet security requirements.
(4) Date and signature of licensee/permittee, attesting, under penalty of perjury, that the preceding is true.
(c) Any change to the information on security compliant storage facilities or transportation vehicles must be reported to the DOJ within 10 days on a new copy of form BOF 045 (Rev. 12/2019).
(d) A violation of this section establishes grounds for revocation pursuant to section 4152, subdivision (a)(5) of these regulations.

California Code of Regulations Title 11 Division 5 Chapter 7 Article 4 Section 4139
Security Requirements.
The following is a description of required security for storing and transporting machineguns, short-barreled shotguns, short-barreled rifles, assault weapons and destructive devices:
(a) Exterior Building Security Requirements
(1) All perimeter doors to the building shall be solid core and have dead-bolt locks or the equivalent. Sliding glass doors shall have steel window guards or be connected to an audible or silent alarm to detect entry.
(2) All direct entries into the interior storage room from the exterior of the building, including windows and skylights, require steel window guards (not recommended for private residences), or audible, silent or sonic alarm to detect entry, or 24-hour security guard service.
(3) If the dangerous weapon(s) will be stored at a location different from the principal place of business, or at the applicant's residence and that residence is rented/leased, the applicant shall submit written approval from the owner and the location shall meet all specified exterior and interior security requirements.
(4) When the size of the weapon(s) prohibits storage in a residence or room of a business, the weapon shall be permanently secured to prohibit easy removal, and the firing mechanism and any ammunition shall be removed and stored in a separate locked room, cabinet, or box in an area separate from the storage area for the weapon.
(b) Interior Building Security Requirements
(1) The weapon(s) shall be stored in a separate room away from any general living area or work area. Destructive device collectors may display historic, antique or curio weapons in a general living or work area provided such weapons have been disabled by removal of firing mechanisms which shall be stored separately in a safe or equivalent high security storage area.
(2) All doors leading into the storage room shall be solid core with a dead-bolt lock or the equivalent and be locked while unattended, or the weapon(s) shall be stored in an anchored, locked metal box in the room. Anchored is defined as permanently mounted to the floor or having a gross weight of 1,000 pounds or more so that heavy equipment or tools would be required to remove the box.
(3) Any ammunition shall be removed and stored in a separate and locked room, cabinet or box away from the storage area for the weapon. Ammunition may be stored with a weapon if locked in a safe.
(c) Security Requirements for Transporting Machineguns, Assault Weapons and Short-Barreled Shotguns/Rifles
(1) Machineguns, assault weapons, short-barreled shotguns and short-barreled rifles shall be transported in a locked metal container or the equivalent which is bolted to the floor of the vehicle's trunk or securely fastened to the floor in the passenger compartment of the vehicle to prevent unauthorized access. The vehicle shall be locked at all times while unattended.
(2) All locking devices shall be in good operating condition.
(d) Security Requirements for Transporting Destructive Devices
(1) When size or quantity of the weapon(s) permits storage inside the vehicle:
(A) The weapon(s) shall be transported either concealed in the locked storage area of the vehicle, or in a locked metal box or the equivalent which is bolted to the floor of the vehicle. The vehicle shall be locked at all times while unattended.
(B) All locking devices shall be in good operating condition.
(2) When size or quantity of the weapon(s) prohibits storage inside the vehicle:
(A) If the weapon is transported exposed on a pick-up truck or other vehicle, a locking device connecting the weapon to the vehicle is required. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(B) If the weapon is transported on a trailer, the weapon shall be locked to the trailer and the trailer locked to the vehicle at all times while unattended. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(C) If the weapon is mounted on its own axle, the trailer hitch or tongue shall have a locking device connected to the vehicle at all times while unattended. The locking mechanism shall be able to resist common tools such as bolt cutters, hammers and cold chisels.
(D) If a padlock is used to secure a weapon, it shall be secured with a high security, case-hardened, large shackle padlock which is in good operating condition.
(E) A special event permit may be granted to historical societies, civic organizations or collectors requesting such permits to waive transportation security requirements for the purpose of allowing the authentic display of historic, antique, curio destructive devices in patriotic, historic, civic or cultural events

[Spectre1995]

Sounds like an 01 with a good DOJ approved safe will be the way to go.

Thanks!

[Achelous]

There is a new law in the making - SB-1384 Firearms: dealer requirements.

"This bill would require a licensed firearm dealer to have a digital video surveillance system on their business premises, as specified, and would require that dealer to carry a policy of general liability insurance, as specified."

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1384

If it passes, a whole new level of security will be required 1/1/2024.

[Spectre1995]

I already have active camera monitoring and I'm working on getting liability insurance anyways so I don't think that's going to affect me all that much

[Quiet]

I already have active camera monitoring and I'm working on getting liability insurance anyways so I don't think that's going to affect me all that much

Since that bill is still working it's way through the legislature, depending on if it gets any amendments or pass as is, you may have to upgrade your video surveillance system to meet the CA legal requirements.
In addition, the general liability insurance needs to be $1 million+ (subject to change, depending on what gets finalized into law).


Proposed video coverage...
1. Interior views of all entrances/exits to the premise.
2. View of where the firearms are displayed/stored.
3. View of all point of sale areas.
Recordings must be for 24 hours, at minimum 15FPS, and must be stored for a minimum of one year.
Must also be secured in a manner that prevents unauthorized use or theft.

The video storage space will become an issue.
Example... One 1080P resolution camera recording 24/7 at 30FPS for 30 days will fill 600GB SSD.
Casinos are only legally required to retain footage for 7 days with the caveat that any incidents are retained for 30 days.

[Achelous]

. . . Proposed video coverage...
1. Interior views of all entrances/exits to the premise.
2. View of where the firearms are displayed/stored.
3. View of all point of sale areas. . .

The economics of this will be challenging for all Dealers. The economics and privacy issues for home-based Dealers may be highly problematic. As currently drafted " The system shall clearly record images and, for systems located inside the premises, audio, of the area under surveillance." For a home-based FFL, the wording says you will have continuous video and audio of all interior views of all entrances / exits. Front door, garage door, side door, patio door(s), etc. Is a home-based FFL going to be comfortable with every audio conversation that occurs in the residence 7/24 possibly on audio because of the recording requirement?

[Spectre1995]

At that rate I may just go for an exempted 01. I absolutely would not be comfortable with audio recordings inside the premises

[Quiet]

At that rate I may just go for an exempted 01. I absolutely would not be comfortable with audio recordings inside the premises

Under the proposed legislation for the video/audio surveillance, there are no exemptions for the different types of FFLs.

The video/audio recordings is a mandatory requirement for all FFLs that operate as a business.
^Only 03-FFL are exempt, because they are collectors and do not operate as a business.

It's interesting that the proposed legislation also had enhanced physical security requirements for the premise, but those have been amended out.

[Tyke8319]

Just another step in eradicating small "mom & pop" firearms businesses.

[Tyke8319]

Quiet:
And, as I read it, it only pertains to "firearm sales" type businesses that carry an inventory and would no affect "gunsmith" business.

However, in your opinion, would it affect businesses that "special order" and don't stock inventory???

[ASD1]

pertains to "firearm sales".

would it affect businesses that "special order" and don't stock inventory???

Special order is still sales