Some FFL questions

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I am going to be moving from MA to NH in the spring and starting my own company along the way(not firearms related) but I asked a few people and they said in NH you can run your FFL out of your home like you used to in MA. I was just wondering for one if this is true that you can get an FFL using your house instead of a store front. I would like it to order things for myself and friends and as kind of a side thing to do and also I was looking for a less expensive way to add some full auto to the collection without having to re-mortgage my house to do so. The other question I had was what is the difference between pre-May and post-May dealer samples I know they are pre 86' and post 86' but for dealer samples does it make much of a difference and can you get dealer samples with any dealer FFL or are there certain things you have to do. If someone knows and could fill me in a bit that would be awesome or if they have a link that would be sweet too thanks alot in advance.
 
I think the ATF people still look at zoning, and if you are in a business zoned area, or you have won an appeal in front of the zoning board of appeals.

IIRC there was a guy not too far from me that was trying to open a shop out of his garage, and had to jump through hoops to get a variance.

In my town you can run a business out of your home with very little problems from the town, as long as it stays mostly home and not mostly business.
 
Glockstones, the guy you speak of is Steve Soucy. He tried to get a shop out of his home and got bum rushed by his neighbors and town. He did open a shop in his town, just not in his home. The place is called Merrimack Firearms. I would think he would have some insight and advice for anyone looking to do this. His website is www.nhgunshop.com .
 
I believe I read on here WRT the full auto, that you have to have a specific request for the sample from law enforcement. What ever it said, it defiantly did not seem all that easy to get post '86 giggle switch toys simply by getting an FFL. Might want to check with Jack.
 
I know they are pre 86' and post 86' but for dealer samples does it make much of a difference and can you get dealer samples with any dealer FFL or are there certain things you have to do.

If you have to ask such basic questions, you are not even close to being ready to seriously consider such a move.

To answer some of the issues you raised:

First, you need to be an FFL w/SOT to deal in NFA weapons. If you don't recognize term SOT, google for it.

A pre-May dealer sample may be retained by the dealer when he goes out of business. A post may sample cannot.

A dealer cannot take possession of a dealer sample without a letter from a govt agency or PD requesting a demo (the "demo letter"). No, you will not get this from your local PD. PDs don't buy their full autos from hobbyists, and don't (unless you are really, really, really well connected) issue "demo letters" so people can get demo samples for guns the PD has no intention of considering purchasing from a hobbyist or small scale dealer.

The best way to get licensed for full autos under the circumstances you suggest is to become a licensed manufacturer, but you will then need a location where this is legally zoned.

You cannot get a MA dealer's license for a residential address, and the only way to get a regular FFL without the "intent of engaging in retail trade" is for an activity that requires an FFL but not a state dealer or gunsmith license (for example, technical consulting, gun photography, etc.)
 
I had a FFL in CT and I moved to NH. I wanted to have my FFL out of my house. I had to go before the town and get my house zoned correctly (be zoned to run a business). I mostly sell on Gunbroker and do transfers for people. It took me about 4 months of going to town meeting to get them to zone it correctly (meeting where held ones a month). Ones I had it zoned correctly the ATF transferred my lic. So it can be done.
 
I believe if you set yourself up as an 07FFL, with an 02SOT, you can get newer model machine guns which would be classified as dealer samples, without needing to get a letter from local PD. They would be considered for scientific research as an 02SOT would be a manufacturer and you're just checking out the competition/researching for your own project. Also be able to make your own with a bit of knowledge and time.

I am not a lawyer and this is not advice. do research.
 
I had a FFL in CT and I moved to NH. I wanted to have my FFL out of my house. I had to go before the town and get my house zoned correctly (be zoned to run a business). I mostly sell on Gunbroker and do transfers for people. It took me about 4 months of going to town meeting to get them to zone it correctly (meeting where held ones a month). Ones I had it zoned correctly the ATF transferred my lic. So it can be done.

Not in MA. MGL specifically prohibits issuance of a state license to sell firearms or state gunsmithing license to a residential address. The only way to have an FFL at a residential address is to have one for a purpose that does not require a state license as well (which means no selling more than 4 guns per calendar year).

Some folks have had success with the "separate address in an out building on the property", but in the case where the local PD does not buy into this logic, fighting the denial with a MSP hearing (the avenue provided in the licensing statute) is generally a losing proposition.

07FFL, with an 02SOT

Yup, but between the $500 annual SOT fee, the hassle of setting up the business, and being on the NFA radar screen, it's generally not a practical route for the hobbyist.
 
Sorry for the thread necro, but I have a specific question based on a response given here (better than starting a new thread):

A pre-May dealer sample may be retained by the dealer when he goes out of business. A post may sample cannot.

A dealer cannot take possession of a dealer sample without a letter from a govt agency or PD requesting a demo (the "demo letter"). No, you will not get this from your local PD. PDs don't buy their full autos from hobbyists, and don't (unless you are really, really, really well connected) issue "demo letters" so people can get demo samples for guns the PD has no intention of considering purchasing from a hobbyist or small scale dealer.

If a FFL/SOT3 dealer is going out of business (or just looking to move inventory), and he has dealer sample full autos, can he sell to another FFL/SOT3 dealer without the required "PD demo letter"? If not, what are his other options for disposal?
 
If a FFL/SOT3 dealer is going out of business (or just looking to move inventory), and he has dealer sample full autos, can he sell to another FFL/SOT3 dealer without the required "PD demo letter"? If not, what are his other options for disposal?

Demo letters are required for all post-86 MG transfers, unless the transfer is going to a LE/Mil entity. There may be other narrow exceptions (I don't remember if that "Security Contractor" thing got passed into law or not) that I'm not aware of. I think Museums are also an exception as well, but I could be wrong. Obviously a dealer could probably surrender stuff to the ATF or destroy it by cutting it X number of times to make it not an MG anymore. (both of those options suck, obviously).


-Mike
 
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