James R. Balmforth: How To Obtain An FFL License

Have you ever dreamed of obtaining your class 01 FFL license and wondered what the associated cost may be? If you wish to be in the business of selling and transferring firearms in Utah the FFL licensing requirements are very strict and a qualified attorney can tell you what it takes, and how to receive your FFL. Utah FFL attorneys can be of great assistance if you are in the process of obtaining your Federal Firearms License. Representing gun dealers in matters concerning the Bureau of Alcohol Tobacco Firearms and Explosives, an FFL compliance lawyer can be of great assistance for advice during the formation of your Class 01 FFL. Utah attorneys can also help you in matters concerning revocation of your Federal Firearms License and compliance inspections. Having the help of someone that has been through the process on multiple occasions limits your chances of being denied.

How Much Does an FFL License Cost

Fees vary depending upon the type of license you are wanting to obtain. Fees range from $30 for a C&R license up to $200 for other types of licenses. These fees are required to paid when you submit your application to the BATFE. The application fees in no way guarantee that your application will be approved. There may also be fees imposed by the State of Utah if you are wishing to start a business.

Federal Firearms License Types

There are 9 different types of licenses that are available and each one gives you different options when it comes to handling, importing, repairing, manufacturing and selling firearms in Utah.

• Class 01 License: Dealer in Firearms Other Than Destructive Devices. The Type 1 FFL License allows you the ability to deal in Title 1 firearms, it also includes Gunsmiths that may take in and repair weapons.

• Class 02 License: Pawnbroker in Firearms Other Than Destructive Devices The type 02 allows pawnbrokers the ability to take in and return to the person who holds the pawn ticket, firearms that they have loaned money on.

• Class 03 License: Collector of Curios and Relics (C&R). The C&R license allows individuals the ability to collect C&R firearms. These firearms must be manufactured 50 years prior to the current date; this does not include newly manufactured replica firearms. With a C&R license you may purchase these collectible firearms and have them shipped directly to your home thus avoiding any FFL transfer fees and background checks. Please note that avoiding the background checks and FFL transfer fees only apply to those firearms that fall within the category of C&R firearms. You cannot purchase modern day firearms with a C&R license.

• Class 06 License: Manufacturer of Ammunition for Firearms. The type 06 allows you to manufacture ammunition ( with the exception of armor piercing rounds) and sell to the general public. You do not need a 06 license if you reload as a hobby, however, you may not sell any ammunition you reload as a hobby to the general public without facing stiff fines and penalties including incarceration.

• Class 07 License: Manufacturer of Firearms Other Than Destructive Devices: The type 07 license allows you to manufacture firearms. It does not however allow you to sell those firearms you have manufactured. It does not allow you to manufacture any firearm that may fall under the guidelines of the National Firearms Act.

• Class 08 License: Importer of Firearms Other Than Destructive Devices. The type 08 license allows you to import title 1 ammunition and firearms from other countries.

• Class 09 License: Dealer in Destructive Devices. The type 09 license allows you the ability to deal in title 1 firearms and those items which are considered destructive devices by the National Firearms Act. It does not include any other items that may be regulated by the act.

• Class 10 License: Manufacturer of Destructive Devices. The type 10 License allows you the ability to manufacture Title 1 firearms, ammunition, ammunition components and destructive devices. It does not include armor piercing rounds or any other items that may be regulated by the National Firearms Act.

• Class 11 License: Importer of Destructive Devices. The type 11 FFL License allows you the ability to import Title 1 firearms, regulated destructive devices and ammunition.

FFL Dealer Requirements

As an FFL holder you must keep strict records of all transactions. Each sale must be recorded and your paperwork will on occasion be audited by the BATFE. You also must be at least 21 years of age with a clean criminal history. A secure environment may also require as well as adhering to any State of Utah, local or community laws, including zoning requirements if required. You must be a legal resident of the United States. If you have served our country in any of the armed services, you must have had an honorable discharge. You must not have been a psychological patient or a user of controlled substances. Getting an FFL license in Utah may enable you to purchase firearms and ammo at dealer prices. This may enable you to start a great new business or hobby. Contact any of our Utah Federal Firearms License Attorneys today to find out what any associated legal cost may be. By law, a firearms dealer must obtain permission from the federal government to sell firearms. Each dealer needs a federal firearms license, or FFL, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF. To get a license, you must be at least 21 years of age and pass a background check, which investigates your military, medical and criminal background. You must also meet the rules and regulations your state has established for firearm businesses, which includes getting a business license and a seller’s permit.

• Submit written notification to your local police chief of your intentions to become a licensed firearms dealer. Some police departments may have an official notification form for you to complete.

• Obtain a copy of ATF Form 7 (5310.12)

• Complete ATF Form 7 by entering information about your business, including your business name, contact details, tax ID number and zoning description. You must also indicate the type of firearms you intend to sell. For instance, if you plan to sell basic firearms, such as rifles, shotguns, revolvers or pistols, you would select “Type 1.”

• Take your application packet to a local law enforcement agency to get your fingerprints taken. The fee for fingerprinting services will vary by agency.

• Mail your completed ATF form, fingerprints and the required processing fee to the address indicated on the form. The processing fee varies, depending upon the type of firearms you intend to sell. Higher-powered firearms have a higher processing fee. The processing fee for basic firearms was $200, as of November 2012. You must also include with the application a 2-inch by 2-inch front-view photograph taken within six months leading up to your application.

• Wait for the ATF to contact you requesting an in-person interview. You will be notified of the exact interview date. During the interview, a field investigator will ask questions about your business and your intentions as a firearms dealer. The field investigator will notify the ATF of his interview findings and give the red light or green light on issuing you a firearms dealer license. If the investigator approves, you will receive your official dealer’s license in the mail. You should receive your license within 60 days from the date the ATF receives your initial application for licensing.

Minimum Age to Purchase & Possess

• Individuals under age 18 may not possess a handgun, sawed-off rifle or shotgun, or fully automatic weapon
• Anyone under the age of 18 may not possess any other firearms unless given permission from a guardian or is with a guardian at the time of possession
• Any firearms possessed by minors at amusement parks but be chained to counters
• Firearms possessed by minors while hunting must have attended a hunter’s safety course or firearms safety course
• Minors may participate in organized competition involving firearms
• A Minor may possess a firearm as long as they are on the property with the owner, a licensee, or with parent/guardian
• Minors may possess firearms as long as they have the proper hunting licenses regardless of whether they are resident or nonresidents
• Those under the age of 14 may possess a firearm as long as they are with an adult
• Anyone applying for a concealed firearms permit must be 21 years or older
• Provisional permits may be issued to any applicants between the ages of 18 and 20 years of age

Background check

• There must be a background check given to anyone transferring firearms
• Firearms dealers must obtain an issued photo ID from anyone receiving firearms

Multiple Purchases & Sales of Firearms

• There is no legal limit on the number of firearms that can be purchased at a time Retention of Sales & Background Check Records
• It is prohibited for the BCI to perform any criminal background check before the firearms transfer for any period of time longer than 20 days after the date of the dealer’s request
• It is not required for dealers to keep records of firearm sales

Waiting Periods

• No amount of time is required before purchasing firearms

Dealer Regulations

• There is no law stating that dealers need a state license

Gun Shows

• There are no regulations for gun shows
Licensing of Gun Owners & Purchasers
• There are no laws in place that require a license for gun owners or purchasers

Assault Weapons

• There are no regulations against assault weapons
Large Capacity Ammunition Magazines
• There are no regulations against large capacity ammunition magazines

Fifty Caliber Rifles

• There are no regulations against fifty caliber rifles
Machine Guns & Automatic Firearms
• The transferring or possession of machine guns is prohibited
• No persons under the age of 18 is permitted to possess a fully automatic weapon including machine guns
• Any machine guns manufactured before May 1986 is prohibited
Permit & Carry Restrictions
Concealed Weapons Permitting in Utah
• A permit must be possessed to carry a concealed firearm both unloaded and loaded
• No permit needs to be present for individuals in their own residence, on their own property, in a vehicle of their lawful possession or in a vehicle with the lawful owners
• No permit is needed for individuals carrying in their legally owned business
• Concealed carry permits may be given to those who are 21 years or older
• Provisional permits may be given to individuals 18 to 20 years of age
• Individuals that have been convicted of a felony or a crime of violence may not receive a carry permit
• Individuals that have been convicted of controlled substance usage, as well as use of narcotics, may not receive a carry permit
• Individuals that have been convicted of domestic violence may not obtain a carry permit
• Individuals that have been legally identified as mentally incompetent may not receive their carry permit
• Any permit given can be revoked upon a reasonable cause from the BCI
• Any persons deemed unstable due to any danger to self or others may get their permit revoked
Miscellaneous
• Concealed carry permits allow persons to carry within the state without regulations unless on elementary or secondary school campuses
• Background checks are mandatory for concealed firearm permits
• Persons not eligible for concealed firearm permits:
• Convicted Felons
• Those convicted of a crime of violence
• Convicted of a crime involving alcohol, controlled substance, or illegal substances
• Any conviction involving domestic abuse
• Persons that have been adjudicated as mentally incompetent
• Residents and nonresidents that carry concealed permits or licenses are permitted within Utah
Open Carrying
• Open carrying of a loaded gun is legal as long as the carrier has a concealed weapons permit
• Anyone can carry an unloaded firearm without permit requirement
Guns in Schools
• Firearms are prohibited on the property of private and public elementary and secondary schools
• Firearms are prohibited on public or private higher education school campuses
• Firearms are prohibited inside any rooms of a preschool or childcare operation

Utah’s law prohibits “qualified civil liability actions,” which are defined as civil or administrative proceedings which “result from the criminal or lawful misuse” of firearms or ammunition. Utah’s law contains the same six exceptions provided by the PLCAA:

• an action brought against someone convicted of “knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence” by someone directly harmed by such unlawful conduct;
• an action brought against a seller for negligent entrustment or negligence per se;
• an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought;]
• an action for breach of contract or warranty in connection with the purchase of the product;
• an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or
• an action commenced by the Attorney General to enforce the Gun Control Act or the National Firearms Act.

A firearms manufacturer or licensed dealer is subject only to liability regarding unlawful misuse of a firearm or of ammunition if injury or death results from an act that constitutes gross negligence, recklessness, or intentional misconduct. In addition, Utah law provides that a person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not be sued by the state or any of its political subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or ammunition, unless the suit is based on the breach of a contract or warranty for a firearm or ammunition purchased by the state or political subdivision.

FFL License Attorney in Utah

When you need legal help with gun law and FFL licensing in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.