Category: Old

FFL Application Status

11 April 2017 – Sent Application to ATF and Sheriff

13 April 2017 – Delivered to Sheriff

14 April 2017 – Delivered to ATF

18 April 2017 – ATF Cashed Check

09 May 2017 – ATF Called, Interview on the 16th of May

16 May 2017 – Interview went well, should have license in 4-6 weeks

27 May 2017 – License came in the mail!

Example of Receiving a Firearm for Transfer From A Non-Licensee

  1. Obtain a copy of the sender’s driver’s license (or other government issued photo identification)
  2. Record the make, model, serial number, and date received on the paper containing the copy of the identification
  3. Place that into your IN binder
  4. When placing the entry into your A&D book, put the shipper’s name and address where the FFL number would usually go.
  5. Contact customer
  6. Have customer fill out Form 4473
  7. Conduct background check either through NICS or State Point of Contact
    1. If “proceed” result:
      1. Release firearm to customer
      2. Assign a sequential number to the Form 4473 and place in OUT binder
      3. Mark the firearm out in your A&D book.
    2. If “delayed” result:
      1. Do not release firearm to the customer
      2. Wait for a response from NICS or State Point of Contact
    3. If no response received from NICS in the close of three business days after the check was initiated, you can release the firearm to the customer
    4. If “denied” result
      1. Do not release firearm to the customer
      2. Either purchase firearm from customer, or
      3. Return the firearm to the FFL dealer from whom you received it*

    *If the result is “denied” and the shipper would like the firearm returned, you’ll need to send the firearm to another FFL dealer in the area and not to the individual directly

#3 in Bound Book Example

Example of Receiving a Firearm for Transfer from Another FFL Dealer

  1. Person contacts you to be receiving FFL dealer for an online gun sale
  2. Send a copy of your FFL to their local FFL dealer
  3. Receive firearm, then record the make, model, and serial number onto the copy of the FFL license that was sent with the firearm.
  4. Mark date received at the top and insert into the IN binder
  5. Record the firearm in your A&D book
  6. Contact customer
  7. Have customer fill out Form 4473
  8. Conduct background check either through NICS or State Point of Contact
    1. If “proceed” result:
      1. Release firearm to customer
      2. Assign a sequential number to the Form 4473 and place in OUT binder
      3. Mark the firearm out in your A&D book.
    2. If “delayed” result:
      1. Do not release firearm to the customer
      2. Wait for a response from NICS or State Point of Contact
    3. If no response received from NICS in the close of three business days after the check was initiated, you can release the firearm to the customer
    4. If “denied” result
      1. Do not release firearm to the customer
      2. Either purchase firearm from customer, or
      3. Return the firearm to the FFL dealer from whom you received it

#5 in Bound Book Example

Example of Shipping a Firearm You Sold Online as FFL Dealer

  1. Collect payment
  2. Contact buyer for FFL dealer information
  3. Record relevant firearm information (make, model, serial number) onto copy of FFL license of dealer you are shipping the firearm to, and place that in your OUT binder Be sure to place a sequential number in top, right hand corner
  4. Package firearm to be shipped Include a copy of your FFL license
  5. Mark the firearm out in your A&D book
  6. Include the date it was shipped, to whom it was going, and record the same number that was in the top, right hand corner of the page you put in your OUT binder

#4 in Bound Book Example

Viking Armory 4473 Example

A Firearms Transaction Record, or Form 4473, is a form promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the United States Department of Justice that is filled out when a person purchases a firearm from a Federal Firearms License (FFL) holder (such as a gun shop).

The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, and a short affidavit stating that the purchaser is eligible to purchase firearms under federal law. It contains make, model, or serial number on page three of the six page form. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS. Prosecutions are rare in the absence of another felony committed with the gun purchased.[citation needed] Of 556,496 denied transactions between FY 2008 and FY 2015, federal prosecutors prosecuted an average of under 32 cases per year, including 24 in FY 2013, 15 in FY 2014 and 20 in FY 2015.

REF: https://en.wikipedia.org/wiki/Form_4473

This is how we fill out ours: (I will verify when I get inspected)

Acquisition and Disposition Bound Book Example

§ 478.129 Record retention.

(a) Records prior to Act. Licensed importers and licensed manufacturers may dispose of records of sale or other disposition of firearms prior to December 16, 1968. Licensed dealers and licensed collectors may dispose of all records of firearms transactions that occurred prior to December 16, 1968.

(b) Firearms transaction record. Licensees shall retain each Form 4473 and Form 4473(LV) for a period of not less than 20 years after the date of sale or disposition. Where a licensee has initiated a NICS check for a proposed firearms transaction, but the sale, delivery, or transfer of the firearm is not made, the licensee shall record any transaction number on the Form 4473, and retain the Form 4473 for a period of not less than 5 years after the date of the NICS inquiry. Forms 4473 shall be retained in the licensee’s records as provided in § 478.124(b): Provided, That Forms 4473 with respect to which a sale, delivery or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee’s certification) order.

Table 6: Disposition Record of Personal Firearms

Description of firearm

Disposition

Manufacturer

and/or importer

Model

Serial No.

Type

Caliber or

gauge

Date

Name and ad-

dress (business

address if licen-

see)

Date of birth of

nonlicensee

REF: Federal Firearms Regulations Reference Guide 2005, Pages 68 and 69

Here is an example of ours: (Will verify after inspection)

1. Purchase from Dealer Standard in store purchase.

2. Purchase from Dealer to personal collection. Must stay in personal collection for at least a year. Disposition would then be as any other non licensee.

3. On line sale transfer from a non licensee to in store customer.

4. Purchase from Dealer then sold on line. From us to FFL for customer pickup.

5. Transfer from FFL for customer pickup.

6. Purchase from Dealer still on hand.

7. Purchase from Dealer gun that was stolen.

8. Purchase from Dealer and sold to law enforcement officer.

What is a Federal Firearms License (FFL) “bound book?”

A “bound book” is a permanently bound book or an orderly arrangement of loose-leaf pages which must be maintained on the business premises. The format must follow that prescribed in the regulations and the pages must be numbered consecutively.

REF: [27 CFR 478.121 and 478.125

Also commonly referred to as the A&D Book, Acquisition and Disposition Bound Book and just Bound Book

Federal Firearms License (FFL) Dealer:

The term “dealer” means (A) any person engaged in the business of selling firearms at wholesale or retail,(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.

REF: atf-p-5300-4

Prohibition on Discharge of Firearms – Bastrop County Texas

12-19-16:     We don’t want to break any laws. So we went to the Bastrop County courthouse and asked what the law was to shoot on our property. Now, everyone around us shoots but that does not make it legal.

The way I read it you need either 5 acres and / or a Federal Firearms License (FFL). I am no lawyer so I will be checking with one and the Sheriff.

12-20-16:    From my Lawyer: “The prohibition appears to be limited to subdivisions with lot sizes less than 5 acres.  However, the definition of “Regulated Lot” is confusing.  I recommend writing a letter to the Bastrop County Attorney, which includes detailed information about your lot, a requesting their opinion.”

I will be writing a letter to the Bastrop County Attorney and posting what I find here.

Here is a copy of what the County Commissioners gave us:

ATTACHMENT “A”

PROHIBITION ON DISCHARGE OF FIREARMS

SECTION I

AUTHORITY

1.01     These regulations are adopted by the Commissioners Court of Bastrop County, Texas acting in its capacity as the governing body of Bastrop County, Texas. The authority of Bastrop County to adopt these regulations is V.T.C.A. Local Government Code § 235.022 as amended.

SECTION II

ADMINISTRATION

2.01    Commissioners Court hereby designates the Sheriff of Bastrop County, Texas or any constable of any precinct of Bastrop County, Texas as well as any other peace officer certified by the State of Texas to enforce these regulations.

SECTION III

AREA COVERED BY REGULATIONS

3.01     These regulations only apply to a subdivision all or part of which is located in the unincorporated area of Bastrop County. It is affirmative defense to prosecution under this Order that the violation occurred in a subdivision for which a plat is not required to be prepared and filed under V.T.C.A. Local Government Code, Chapter 232.

SECTION IV

DEFINITIONS

4.01 As used in these regulations:

a. “Commissioners Court” means Commissioners Court of Bastrop   County, Texas;

b. “County” means Bastrop County, Texas;

c. “Firearms” means any device designated, made or adapted to expel a projectile through a barrel, tube, or similar device by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

d. “Regulated Lot” means a tract of land or a lot that is:

1.) within the unincorporated areas of Bastrop County and for which Chapter 232 of the Local Governmental Code requires a plat to be prepared and filed; and

2.) within a subdivision of five (5) or more contiguous lots each of which lots are less than five (5) acres, both individually and including any contiguously owned lots or tracts as reflected by the records of the Bastrop County Clerk or the Bastrop Central Appraisal district.

e. “Residence” means any home, house, apartment, or other structure, used full time or part time, as a dwelling, and which is not the dwelling of the person discharging the firearm; and

f. “School” means a private or public elementary, secondary, or high school.

SECTION V

PROHIBITION

5.01     The discharge of firearms is prohibited within a regulated lot.

5.02     A person commits an offense if the person intentionally or knowingly discharges a firearm that is prohibited by this Order within a regulated lot and to which no exception applies.

5.03     A violation of these regulations is a Class C Misdemeanor. If it is shown on the trial of an offense under this Order that the person has previously been convicted of an offense under this order, the offense is a Class B Misdemeanor.

SECTION VI

EXCEPTIONS

6.01 The prohibition in this Order does not apply to the discharge of a firearm:

a. if used by a federally licensed firearm dealers, gunsmiths, persons that are licensed or certified by the state, or business establishments that operate an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting, if the operations is in existence before the effective date of this order or if a school or residence locates within the distances, noted in section 5.01 b, of the lot on which the area is located unless specifically authorized by the Commissioners Court at a future date;

b. if reasonably necessary to protect one’s self, other persons, or property, from imminent harm, in accordance with state law;

c. if necessary to shoot an animal reasonably believed to present, under the circumstances, the possibility of danger to a person or to a person’s property;

d. if blank cartridges are used for a salute at a military memorial, funeral, or other similar ceremony;

e. if used by a peace officer certified by the State of Texas; or

f. if prior consent is given by the Commissioners Court.

6.02     This Order does not prohibit or restrict the transfer, ownership, possession, manufacture, maintenance, repair, or transportation of firearms.

SECTION VII

EFFECT ON STATE LAW

7.01     These regulations do not legalize anything prohibited under the Penal Code or other state law. These regulations do not limit any defense found in the Penal Code.

SECTION VIII

SEVERABILITY

8.01     If any provision of these regulations or its application to any person or circumstances is held invalid or illegal for any reason, the invalidity or illegality does not effect any other provisions or applications of these regulations which can be given effect without the invalid or illegal provision or application, and to this end the provisions of these regulations are declared to be severable.

SECTION IX

EFFECTIVE DATE

9.01     This Order becomes effective on the date of approval of this Order.

Approved in Commissioners Court on June 25, 2007.

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