Conduct of Business IOI Flashcards
Residency requirements
Purchaser must reside in same state as licensee’s business
Licensee may sell/deliver shotgun/rifle if purchase done in-person and sale complies with laws of state where purchaser lives
Licensee may loan/rent for temp use for lawful sporting purposes
Acquisition & Disposition Record
3 Components
Description
-Manu -Type -Caliber/Gauge -Serial#
Acquisition
-Date received -Source (name/address Non-licensee or FFL name/number)
Disposition
-Dispo date -transferee name/address/serial # if non-licensee -dispo date/name/FFL # if to licensee
Entry Time Limits
Acquisition: By close of next business day
(Unless: commercial invoice containing all required info, can be delayed by 7 days) Importers have 15 days from date of importation & Manufacturers have 7 days from many or other acquisition
Disposition: By manufactures, dealers, importers not later than 7 days following transfer
Gunsmith
Not defined by GCA
A person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business
Does not include occasional repairs
Theft Loss Report
Reported within 48 hours of discovery
Gun Show
Event sponsored by nat’l, state, local org.
Devoted to collection, competitive or sporting use, or org that sponsor functions devoted to the aforementioned
Considered extension of FFLs licensed premises when in that state where FFL is licensed: license must be posted & A&D records maintained
Dealer restriction when out of state
Dealer operating in state other than where they are licensed can only acquire. Cannot dispose (sell)
C&R
Licensees may conduct transfers away from business premises
FFL can make C&R transfers at a gun show in any state to another FFL of any state
Firearms Businesses Liable for Special Occupational Tax (SOT)
Anyone dealing, manufacturing or importing NFA
Must be properly licensed
Have employer identification number (EIN)
Pay special (occupational) tax
NFA Tax Classes
Class 1) Importers
Class 2) Manufacturers
Class 3) Dealers
NFA Forms
1) for individuals: Application to make and register a firearm
2) for licensees: Notice of firearms manufactured or imported
3) between 2 SOT taxpayers: Tax exempt transfer
4) for tax paid transfers: Tax paid transfer; most commonly used by individuals purchasing NFA weapons
5) Tax exempt transfer
a) unserviceable firearms (repair)
b) TO or FROM government entity
c) to lawful heir
9) Application & permit for permanent exportation of firearms
10) Application for registration of firearms, acquired by certain government entities
26 U.S.C. 6103
Can provide information to other ATF employees
Makes it a felony for any government employee to disclose tax return or return information
No exceptions exist for providing NFA tax information to state and local law enforcement
There are exceptions for US Attorney’s Office for tax prosecution
Importation Control Under GCA
Unlawful for any person to import or bring into US any firearms or ammo
Unlawful to receive any firearms or ammo illegally imported
Form 6
ATF form completed by a licensed importer making an occasional importation for a Non-licensee’s personal use
Exceptions for Importation
Scientific or research purposes
Competition or training for Military (Title 10)
Unserviceable firearms brought in as curio or museum piece
Suitable for/readily adaptable to sporting purposes excluding surplus military or NFA Firearms
Previously taken out of US by person bringing it back
Rifle/shotgun/handgun listed as C&R suited for/adaptable to sporting purposes imported by a licensed importer
