Had my FFL interview today, for a home based type 07.

I have a certificate of use from the county, paid, inspected etc... I was upfront with the inspector and told him exactly what I would be doing, and was told "not a problem, as long as you don't have foot traffic"... well, the IOI called the county zoning office on the way to my house and was told that what I am doing is not allowed. No home business with firearms allowed.

When I look up FFL's near me, there are over 2 dozen Home based FFL's within less than 10 miles from me. WTF?

I will be going into the county office again, today or tomorrow to deal with this bullshit....

The IOI was awesome, told me to withdraw and that once I get it straightened out, I can re apply, with a note that I had a previous application and it will be a much shorter wait time.

Turns out that south Florida has 4 IOI's for 3 huge counties (Broward, Dade and Monroe), and one of them has been out on sick leave.

You have to check with the city and county in which you reside, unless you’re unincorporated, then just county. The city will probably want you to get a business license and jump through the hoops. My city kept telling me I couldn’t do it ( no reason why, I have a feeling a couple of the planners I spoke to didn’t like guns.) Washington has preemptive firearms laws that say, cities and counties can’t create a more stringent standard for firearms regulation. Florida has a similar law, either way the IOI shouldn’t be enforcing municipal or county code. You either meet the criteria to qualify for your FFL or you don’t. It is your job to maneuver around local regulations and make sure you’re not breaking any county or municipal rules not a federal agents.

They may be zoned differently than you are, or they may be grandfathered if the zoning change came after the license.

He already did.

His county already issued him one.

The IOI isn't enforcing anything but ATF regs .........like the one where the licensee must abide by ALL federal/state/local laws (including zoning and HOA covenants).


He already did that.
It sounds like the IOI (who is not an "agent") did his job by checking on local requirements and was told a different story than the OP.

type 07/SOT

the secret is out

OP never stated he checked with city, in WA you need ok from both entities

Per ATF:

An application for a Federal firearms license will be approved if the applicant:

• Is 21 years of age or over;

• Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition, nor in the case of a corporation, partnership, or association, is any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association prohibited from shipping, transporting, receiving or possessing firearms or ammunition;

• Has not willfully violated the Gun Control Act (GCA) or its regulations;

• Has not willfully failed to disclose material information or has not made false statements concerning material facts in connection with his or her 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 in the place where the licensed premises is located;

(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) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met;

(4) the applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and

* if the applicant is to be a licensed dealer, the applicant certifies that 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 device” is defined in 18 U.S.C. 921(a)(34)).

OP stated he wasn’t violating local laws, he’s on the hook to make sure that is true not IOI. All OP needs to say is his business model does not violate local laws. IOI could not possibly know OP’s business model prior to interview?

1. OP never said he lived within a city jurisdiction.
2. The ATF IOI didn't use that as a reason for denial.
3. It ain't WA.

No shit. No one is arguing over that.

OP received permission from his local gov. IOI was told a different story.
"Op saying his business model does not violate local laws" will do exactly jack squat, as the local government told ATF he was not in compliance.

OP needs to get local gov squared away, then have IOI back.

I live in unincorporated Miami-Dade county. I went to the county office in february, on the paperwork I wrote "Home Business with a Federal Firearms License Type 07- Manufacturer", I explained it to the woman at the window, who spoke to her boss, and came back and scheduled my home inspection.
The following day, the inspector came out to my house, I once again was very clear "I am starting a firearms business, by the word of the law I will be considered a manufacturer, but I will not have machinery at my house. I will also not have a store front or visitors coming to my property." I went into a lot of detail. He said it was not an issue. I paid my $136.xx and got my Certificate of Use.

Today, the IOI called and gets told absolutely not, we called again to double check, and were directed elsewhere, and again to another number... and then told no.  There are a bunch of FFL's near me out of homes. I checked the addresses, and it's all home based 01's and 07's.

I would be asking for the code/regulation/ordinance/rule that prohibits your type of business activity. Surely it just isn't based on feels.
I would also guess that there is an appeals process or way to challenge their denial.

Never accept a verbal reply as valid. Get it in writing.

I will do that.
The IOI was actually quite upset with the various county personnel that we spoke to and sent us off to another person down the line. She even said "why would they issue this to you and not stand by it?"

I don't know why she had to call and confirm it, I guess it's just part of her job.

I would say, getting a certificate of use would qualify as getting it in writing.

No, I mean getting the reason for the denial in writing. Apparently his certificate of use is no longer valid.
Simply having a certificate of use isn't enough. It would be easy to get a certificate of use for one type of home based business, but that doesn't mean you can engage in other types.

Someone at the zoning office needs to get their act together.

My first FFL was issued to me while I was living in a rented townhome. The IOI spoke to the property manager who said "we don't allow guns!". He called me before my interview to tell me I would be denied because "it wasn't allowed" per the property manager. I sent him a copy of my lease with the "home based businesses permitted" paragraph highlighted. I got the FFL.

Florida Firearms Preemption

Seems pretty clear when they say you can't have foot traffic that they are trying to enter the field of regulation.

My city seems to be having the same "problem" when even giving Certificate of Occupancy to FFL holders who reside in a commercial property.

I hope that link helps you OP.

If I understand that link correctly, it says that Florida overrules all of the local ordinances, and I should be allowed to do what I am trying to do? I just took a quick glance at it, but will go through it tonight, when I have some time to actually focus and read all of it.

Thank you!

That is how I understand it.  The preemption statute is worded very similarly to KRS 65.870 and KRS 100.325 furthers the language.  I don't know if FL has anything similar to 100.325, but the first one I linked for you seems to have a lot of language related to how you could respond.

Good luck Danilo.  I'm glad to be able to help.

Danilo  sorry to hear about you issues .

Hope you get it all straightened out brother !

Question for all the FFls here . If I go to change my type 1 to a type 7 ffl to I have to apply to the city again ?

Thanks!

If they gave you a certificate for a type one, I would talk to them about type 7 before applying, I know some jurisdictions have rules that allow one type, but not another.

Back on the horse finally...

Found an office to rent in a warehouse (has 3 offices + warehouse).

The owner is cool with the gun business, and will gladly write the letter to ATF for permission.

July 1st my lease starts, and I will be sending off the application again... and waiting again.

At least the IOI said once I send it in, to let her know, and as soon as it comes to the local office she will schedule me with priority. hope it's faster than the 1st time.