Home FFL In Massachusetts

so you just went through the ATF FFL application process? and they were good with this?? if you dont mind me asking how long ago and how difficult was it, all in all?...what your describing is what Im looking for anyway..Can you transfer to instate FFLs? or does that just fall under the normal process of being able to sell any amount of firearms to an instate FFL as a citizen? thanks so much for your input..
 
Which state licence are you refering to Jack? because Im fairly sure the Feds wont pony up an FFL unless you already have the sales and zoning permits..and the question is out of ones home...and not wasting funds on renting a space..and if there is a true law (MGL) in Mass prohibiting this...as stated by dcmdon..its a different game now...an Internet based one...no need to meet anyone. There are a lot of rumors around here on this topic, and little hard fact....So that brings me back to, who to go to first..Town Zoning? Town or state for sales licence?
Talking about Mass. Should have been more clear. Sorry. The PD does the state license on MIRCS. They need to plug in a FFL number. You need the space first because the ATF examiner will want to interview you there. Jack.
 
The order goes like this:

1) Zoning
2) ATF
3) State License

ATF won't even talk to you unless you have a zoning permit. Take it from someone who has an FFL based at a residential address.

Don

If you residence is allready in a commercial/business district, you don't need a "permit". A letter stating you are in complince with all zoning bylaws may help but isn't required.

Your order should be;
1. Check with CLEO to see if they are OK with you having gun shop. BATF&E site visit person WILL talk with your CLEO, even as late as the day of the site inspection.
2. Open business checking account and pay for everything through this.
3. Get town/city business license.
4. Send in BATF&E FFL application and all associated paperwork.
5. While waiting for ^, get your EIN number and Inc. or LLC paperwork ready.
6. Have BATF&E site visit. This should go smoothly as you have done all your homework and know all the answers to any questions they may ask.
7. Get FFL and have your PD put in for State licenses, Dealer, Ammo & gunsmith.
8. Get furniture, security, stock and initial cash to start shop with.
9. Receive state license/s.
10. Open. [smile]
 
Acme,

From a legal perspective the CLEO has no say in whether or not you get a FFL. Your requirement w respect to the CLEO is notification only.

Its only zoning. Although the zoning enforcement officer will probably check with the PD

Re a letter stating you are in compliance, when I applied for my FFL, the ATF actually went down to my town hall and confirmed that I had all the necessary approvals. Of all the things they did prior to issuing me my FFL, they appeared to be the most diligent in confirming zoning approval.

Also, if you read the law referenced earlier in the thread, it says that the business must be in a different building from the dwelling. That would suggest to me that even if you live in a mixed/commercially zoned area, unless you can put a retail store in a separate physical structure, you will be in violation of the law.

I have no specific experience with how MA law is applied in this case. My practical experience is only with CT. If things work out differently from a practical perspective, please chime in.

Don
 
I applied for a home FFL state license not to long ago and got turned down, the license must have a differant address than your residence for where the business will be located.

just
saying!!
 
Acme,

From a legal perspective the CLEO has no say in whether or not you get a FFL. Your requirement w respect to the CLEO is notification only.

Its only zoning. Although the zoning enforcement officer will probably check with the PD

Re a letter stating you are in compliance, when I applied for my FFL, the ATF actually went down to my town hall and confirmed that I had all the necessary approvals. Of all the things they did prior to issuing me my FFL, they appeared to be the most diligent in confirming zoning approval.

Also, if you read the law referenced earlier in the thread, it says that the business must be in a different building from the dwelling. That would suggest to me that even if you live in a mixed/commercially zoned area, unless you can put a retail store in a separate physical structure, you will be in violation of the law.

I have no specific experience with how MA law is applied in this case. My practical experience is only with CT. If things work out differently from a practical perspective, please chime in.

Don
Adam and I are talking Mass. Jack.
 
I realize that.

I'm talking mass to, just basing my statements on the law. Not personal experience. When you get a FFL, there is no requirement by the ATF that you get approval from your CLEO. Only from zoning. I'm talking federal here. So it applies to both.
 
If you residence is allready in a commercial/business district, you don't need a "permit". A letter stating you are in complince with all zoning bylaws may help but isn't required.

Your order should be;
1. Check with CLEO to see if they are OK with you having gun shop. BATF&E site visit person WILL talk with your CLEO, even as late as the day of the site inspection.
2. Open business checking account and pay for everything through this.
3. Get town/city business license.
4. Send in BATF&E FFL application and all associated paperwork.
5. While waiting for ^, get your EIN number and Inc. or LLC paperwork ready.
6. Have BATF&E site visit. This should go smoothly as you have done all your homework and know all the answers to any questions they may ask.
7. Get FFL and have your PD put in for State licenses, Dealer, Ammo & gunsmith.
8. Get furniture, security, stock and initial cash to start shop with.
9. Receive state license/s.
10. Open. [smile]

So I'm gonna be doing a school project this year on opening a gunshop.

The above info by Acme was pretty helpful.
The project itself will be based around having a storefront.

Now at the State level is the following form the only one needed AFTER you are approved for your FFL? http://www.mass.gov/eopss/docs/chsb/firearms/application-dealer-ammo-gunsmith-20130911.pdf
 
It wouldn't happen. Zoning wouldn't allow it. End of debate.

This is tricky.

If you are talking about an FFL to engage in retail sales, you are no doubt correct.

Zoning might allow a firearms expert to consult to the industry; a gun writer to work from his/her residence; or perhaps even a photographer to work from a home studio. Each of these cases qualifies for an FFL as a result of a new ruling that limits the FFL free interstate transfer of firearms from employer to employee for work purposes to W2, and not 1099, employees.

Of course, if one held such an FFL without a MA dealer's license, he/she would be limited to 4 transfers per year.
 
Doesn't the 07 require you to register with the ITAR and pay over 2k/year in fees?
This is a grey area. Just because you have the 07 and the dealer privileges that come with it, it does not mean that you must pay the SOT or even manufacture anything. The 07 helps with zoning as you are a "fit" in the industrial zones where storefront is not always allowed. It can get a little complicated, but doable for the most part. Jack.
 
Doesn't the 07 require you to register with the ITAR and pay over 2k/year in fees?

Not in practical application.

I've personally spoken with ATF inspectors out of the Hartford CT office on this and they told me that this was not necessary unless you intended to engage in international commerce in the applicable items.

ATF guidance published in 2009 said that if you buy old rifles, but a new stock on them and do minor upgrades, then offer them for resale, you are manufacturing.
It is actually much easier to get an 07 than it used to be because of this new guidance.

The side effect of an 07 is that you can possess silencers in MA, even without a MA dealer license. In a rare case of MA law being very very clear, this is stated very explicitly.

Don

Section 10A. Any person, other than a federally licensed firearms manufacturer, an authorized agent of the municipal police training committee, or a duly authorized sworn law enforcement officer while acting within the scope of official duties and under the direct authorization of the police chief or his designee, or the colonel of the state police, who sells or keeps for sale, or offers, or gives or disposes of by any means other than submitting to an authorized law enforcement agency, or uses or possesses any instrument, attachment, weapon or appliance

- - - Updated - - -

This is tricky.

If you are talking about an FFL to engage in retail sales, you are no doubt correct.

Zoning might allow a firearms expert to consult to the industry; a gun writer to work from his/her residence; or perhaps even a photographer to work from a home studio. Each of these cases qualifies for an FFL as a result of a new ruling that limits the FFL free interstate transfer of firearms from employer to employee for work purposes to W2, and not 1099, employees.

Of course, if one held such an FFL without a MA dealer's license, he/she would be limited to 4 transfers per year.

Good point Rob. I was thinking more along the lines of doing work on firearms, i.e. manufacturing, and not doing any retail transfers.
 
Even if you are able to get an FFL, and are legally allowed to possess a suppressor, can you even shoot it? It seems like the FFL exception is for either selling or testing self-manufactured suppressors. It seems like you would be hassled by countless uninformed people.
 
Even if you are able to get an FFL, and are legally allowed to possess a suppressor, can you even shoot it? It seems like the FFL exception is for either selling or testing self-manufactured suppressors. It seems like you would be hassled by countless uninformed people.

Yes, you can. I don't see why you would be "hassled". My response would be "I'm a licensed manufacturer and I have papers, end of discussion. If that's not good enough for you, then go read the law." Just go to a non sucky clubs, like Harvard Sportsmans. If you can afford a can you can afford to sign up at HSC or Hanson, or any of the other NFA friendly clubs. Nobody at these places will care if you're shooting with a can.

-Mike
 
Yes, you can. I don't see why you would be "hassled". My response would be "I'm a licensed manufacturer and I have papers, end of discussion. If that's not good enough for you, then go read the law." Just go to a non sucky clubs, like Harvard Sportsmans. If you can afford a can you can afford to sign up at HSC or Hanson, or any of the other NFA friendly clubs. Nobody at these places will care if you're shooting with a can.

-Mike
This. I have been shooting my suppressed firearms all over the place for many years and nobuddy has hassled me yet. Just the opposite. Folks take great interest in them and I let whoever wants to shoot them. Jack.
 
Even if you are able to get an FFL, and are legally allowed to possess a suppressor, can you even shoot it? It seems like the FFL exception is for either selling or testing self-manufactured suppressors. It seems like you would be hassled by countless uninformed people.

Possess is possess. You are reading into it WAAAAAAYYYYY too much. Jesus. This is about the only clearly written unambiguous firearms law in the state, and you manage to pull something negative out of it.

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Yes, you can. I don't see why you would be "hassled". My response would be "I'm a licensed manufacturer and I have papers, end of discussion. If that's not good enough for you, then go read the law." Just go to a non sucky clubs, like Harvard Sportsmans. If you can afford a can you can afford to sign up at HSC or Hanson, or any of the other NFA friendly clubs. Nobody at these places will care if you're shooting with a can.

-Mike

I care if you're shooting with a can. Mainly because I have a bunch of subsonic 9mm reloads and it's so much fun to shoot them without ear pro in.
 
Even if you are able to get an FFL, and are legally allowed to possess a suppressor, can you even shoot it? It seems like the FFL exception is for either selling or testing self-manufactured suppressors. It seems like you would be hassled by countless uninformed people.
Yeah, you would need plenty of ammo since every cop who saw you would want to try it out.
 
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