Does the law regulate who can be in the business? [Top]
Yes. The Gun Control Act (GCA), administered by the Bureau of Alcohol, Firearms and Explosives (ATF) of the United States Department of Justice, contains Federal licensing standards for various firearms businesses (manufacturers, importers, and dealers). An example of these standards is that the applicant must have a business premises.
[18 U.S.C. 923(d), 27 CFR 478.47]
Who can get a license? [Top]
ATF will approve the application if the applicant:
* Is 21 years or more of age;
* Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition;
* Has not willfully violated the GCA or its regulations;
* Has not willfully failed to disclose material information or willfully made false statements concerning material facts in connection with his application;
* Has premises for conducting business or collecting; and,
The applicant certifies that--
(1) the business to be conducted under the license is not prohibited by State or local law at the place where the licensed premise is located to include compliance with zoning ordinances;
(2) within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business;
(3) business will not be conducted under the license until the requirements of State and local law applicable to the business have been met;
(4) a completed copy of the application has been has been sent or delivered to the chief law enforcement officer of the locality in which the premises is located; and,.
(5) secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees ("secure gun storage or safety defined in 18 U.S.C. 921 (a) (34) ) .
Editor's Note
The requirement to certify to the availability of gun storage or safety devices was enacted on October 22, 1998, by Public Law 105-277. The requirement is codified in section 923 (d (1) (G) of the GCA and became effective 180 days after the date of enactment.