To keep this simple, I have zoning clearance from the local municipality. They say all is fine, I can do online sales, just no retail at location. I'm good with that as I didn't plan to do retail sales, just the service of transfers and if I want to sell I'll do it at a gun show. The ATF agent isn't happy with that. She is saying that transfers are retail, I can't get a FFL just for gun shows, so on. I have gone rounds explaining this to the city and to the ATF. The city isn't changing wording around omitting no retail, ATF refuses to set up interview until I can do retail.

What do I do beyond just saying screw it and letting the whole thing go?

I guess you'll have to come up with some justification to the ATF inspector. Tell her you're going to sell wholesale only to other dealers. Or you're setting up to do specialty gunsmithing (need a Type 07 FFL for that, by the way), and only accept work shipped to you and shipped back out with no customer foot traffic allowed. If the inspector won't accept that, ask to speak to her supervisor, or demand to be shown where in federal regulations it says you have to be able to do face to face retail transactions in order to have an FFL.

I really appreciate your response and I think I will try just that.

The agent apparently works weekends as she emailed me back almost immediately. She stated she has to wait to hear back from the city, and included this bit:

FYI - as a type 07, you will be required to register with the US State Dept, Defense Trade Controls for ITAR.  Also, manufacturers also are subject to excise tax imposed by the Dept of Treasury, Tax and Trade Bureau.


To my understanding you didn't need ITAR anymore, what gives? I thought ITAR only dealt with SOT anyhow, and I didn't believe 07 needed the SOT unless you planned on going the NFA route.

She is wrong, but nothing gained by argueing with the ignorant.

That may violate what your city says by "no retail sales". Typically, zoning restricts certain types of activities. If the home based business generates walk up or has customers coming to your front door to pick up their gun.....that may be considered "retail" even if you aren't displaying guns on racks or have shelves chock full of guns.


Perfectly legal.




ATF doesn't get to decide what is/is not "retail" as ATF regs do not define "retail". It IS within the authority of your city/county/state to define what is "retail". What your ATF IOI (not an "agent") DOES get to determine is if your planned planned business activity is counter to what your city says.



True, but if you conduct any firearm related business at your licensed premises you are fine. There is no requirement that you ever do a single sale or transfer at your premises...just that you be in compliance with all local and state laws. I regularly do the local transfers for another FFL who cannot do transfers from his home because his HOA covenants prohibit any walk up business.


 
You talk to that IOI's boss.

If your transfers are “scheduled” then you are not retail.  I went through the same thing also in fl with hoa retail restrictions.  If you dont have a drive up inventory then you are not retail.

Also,  ATF is not interested in local rules, my agent would not get into local rules, just told me to abide by them.  Lo
cal issues are for you to resolve ATF is federal..  “scheduling” is they. key for local zoning..

Says who?
How "retail" is defined is up to your city/county/state/HOA/zoning. Sometimes they don't have a definition or don't use the term retail at all.


 
What you went through in Florida has no bearing on anything outside of Florida and your HOA.

That's horseshit. ATF is damned clear that they will not issue an FFL unless the applicant can operate under all local, state and federal laws.
WTF do you think the OP started this thread?



Again, it may have been for YOU, but isn't a requirement in most other states. You're the first I've read of in twelve years that mentioned "scheduling" being the key to zoning approval for a home based FFL.

The newest. Not sure what she said to the city but they replied in email that based on what she said was required for an FFL they weren't ok with. By appointment only transfer services aren't retail, I don't care what jurisdiction it's in. You don't collect taxes, at the very least here, on services. I'm going to request to go above her head but I'm not sure where that will be as she's a senior investigator. Still waiting to hear back from the city from my inquiries. If this all somehow fails I guess it's buying land time or renting a  broom closet.

Sounds like you got the same woman I had to deal with.

She went so far as to lie to me saying the city wouldn't give me a business license.