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  1. #1
    NES Member Rapid Fire's Avatar
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    Default Denied Local License for FFL

    Well I tried, New ATF laws state your Gun shop needs to be located at a differant address than the owner. Tried for a license out of my new garage loft that is attached by a breezeway and local police said they would approve it but the ATF would deny my licencse.

  2. #2
    Moderator M1911's Avatar
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    Quote Originally Posted by Rapid Fire View Post
    Well I tried, New ATF laws state your Gun shop needs to be located at a differant address than the owner. Tried for a license out of my new garage loft that is attached by a breezeway and local police said they would approve it but the ATF would deny my licencse.
    Are you taking your local police department's word for what the ATF would or would not do?

  3. #3

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    This isn't new.

    In MA FFLs attached to dwellings are generally not allowed. I always thought this was a state thing (like a CMR or something) but I forget offhand. All I know is that new licensees will not get a license approved if their business touches their house. This also assumes that all the other ducks have been gunned down- eg, local zoning and other considerations.

    The ATF will look for ANYTHING to deny you- and I mean anything. They frequently deny licenses for compliance failures on nearly meaningless local laws and ordinances. Say for example, your town had an ordinance that said you have to have a permit to have a toilet, and your dealership has a toilet in it without a permit- they would use that as a reason to deny your FFL application. You have to have all your crap together, twice over, in MA, to maintain an 01. If you are really serious about this you should do more research or obtain a gun lawyer.

    -Mike

  4. #4
    NES Member Rapid Fire's Avatar
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    Default

    You are right on the money, the Local Police were actually supporting me until this gray area on an attached dwelling came to be.
    We thought with a breeeze way in between it would fly.
    Dam had a nice set up too.

  5. #5
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    Default

    Quote Originally Posted by Rapid Fire View Post
    Well I tried, New ATF laws state your Gun shop needs to be located at a differant address than the owner. Tried for a license out of my new garage loft that is attached by a breezeway and local police said they would approve it but the ATF would deny my licencse.
    Is this just for new FFL's? I know 3 FFL's that operate out of their homes..

  6. #6

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    Is this just for new FFL's? I know 3 FFL's that operate out of their homes..
    There is a MA specific law mandating a separate address for FFLs. The federal requirement is simply that you are in compliance with all state and local laws, including zoning.
    Check out the USPSA Northeast Section at www.uspsa-ne.org, and the USPSA nationals site at www.uspsa.org

  7. #7
    Manufacturer
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    Default

    Not to defend ATF, but I've been dealing with them for 28 years and have had several audits. My take is that they do not look for ways to deny you as they did in the Clinton years, but they do insist that you comply with all state and local laws. If you can show that you can do business at a location that is not a "residence" and can comply with zoning bylaw and can obtain the Mass dealer's license you may well be good to go. When you apply, there will be a personal interview and you will need to have your ducks in a row. Remember that for better or worse, you will be getting into bed with them. Read and study all the regs. Jack.
    I'm the oldest one-eyed machine gun dealer with a license to tell fortunes east of the Mississippi! Too many licenses and permits to list. Member of Goal, NRA, Harvard, Nashoba, Concord clubs. NRA and Mass certified instructor. 07 FFL and SOT.

  8. #8
    Moderator Pilgrim's Avatar
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    I know 2 places that use their garages attached to their houses and are very new businesses.

    Both are members here.

    I don't think there is an ATF reg regarding this unless it's VERY new.
    At my age, just about everything pisses me off !

    Show me ANY law that would have stopped any of the school shootings.
    Freedom has ceased to be a birthright; it has come to mean whatever we are still permitted to do.
    US Army Security Agency 1967-1971 - NRA Patron

    If you live in Massachusetts protect your 2nd Amendment rights and donate... Comm2a.org

  9. #9

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    What if he takes out his breezeway?

  10. #10
    Manufacturer
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    Quote Originally Posted by Coyote33 View Post
    What if he takes out his breezeway?
    Unless he wants a "store front" with all the issues that come with it, he could just rent a small room or office in a commercial building. Really depends on just why he needs or wants the FFL. In any case, I would go for the 07. Jack.
    I'm the oldest one-eyed machine gun dealer with a license to tell fortunes east of the Mississippi! Too many licenses and permits to list. Member of Goal, NRA, Harvard, Nashoba, Concord clubs. NRA and Mass certified instructor. 07 FFL and SOT.

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