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Posted: 10/22/2018 7:07:08 PM EDT
I found this on the ATF web site, but there is no citation of a US Code or CFR mandating it:
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Discontinue Being a Federal Firearms Licensee (FFL)

When an FFL discontinues business, the FFL must send their firearms transactions records to the National Tracing Center (NTC). The NTC receives an average of 1.2 million out-of-business records per month and is the only repository for these records within the United States.
Records can be mailed to the NTC or, alternatively, they may be delivered to your local ATF Office in order to comply with laws for surrendering records (which include all bound log books/acquisition & disposition books and computer printouts, ATF Form 4473’s, Theft/Loss Reports, Multiple Sales Reports, and Brady forms).?
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Anybody have a US Code or CFR cite for the requirement?

I searched but did not find it.

Source:
Discontinue Being a Federal Firearms Licensee (FFL) | Bureau of Alcohol, Tobacco, Firearms and Explosives
Link Posted: 10/22/2018 7:18:38 PM EDT
[#1]
From BATFE: "Federal Firearms Regulations Reference Guide", ATF Publication 5300.4
You can read it for yourself here: https://www.atf.gov/file/11241/download

"Out-of-business records under Records in the index:

Law: 923(g)(4)
Regulations: 478.127
Link Posted: 10/22/2018 7:42:55 PM EDT
[#2]
Go ahead. Tell them to FO. Then destroy those records to show them your distain ! Golf clap !
Link Posted: 10/22/2018 9:17:43 PM EDT
[#3]
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Quoted:
Go ahead. Tell them to FO. Then destroy those records to show them your distain ! Golf clap !
View Quote
Link Posted: 10/23/2018 10:18:04 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
From BATFE: "Federal Firearms Regulations Reference Guide", ATF Publication 5300.4
You can read it for yourself here: https://www.atf.gov/file/11241/download

"Out-of-business records under Records in the index:

Law: 923(g)(4)
Regulations: 478.127
View Quote
Thanks.  Good link:

--------------------------
27 CFR 478.127 Discontinuance of business.
Where a licensed business is discontinued
and succeeded by a new licensee,
the records prescribed by this subpart
shall appropriately reflect such facts and
shall be delivered to the successor. Where
discontinuance of the business is absolute,
the records shall be delivered within
30 days following the business discontinuance
to the ATF Out–of–Business Records
Center, 244 Needy Road, Martinsburg,
West Virginia 25405, or to any ATF
office in the division in which the business
was located
: Provided, however, Where
State law or local ordinance requires the
delivery of records to other responsible
authority, the Chief, Federal Firearms Licensing
Center may arrange for the delivery
of the records required by this subpart
to such authority: Provided further, That
where a licensed business is discontinued
and succeeded by a new licensee, the
records may be delivered within 30 days
following the business discontinuance to
the ATF Out–of–Business Records Center
or to any ATF office in the division in which
the business was located.
Link Posted: 10/23/2018 10:20:03 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Go ahead. Tell them to FO. Then destroy those records to show them your distain ! Golf clap !
View Quote
"Hello, ATF? We had this hurricane that destroyed the ground floor where my records were kept . . . "  
Link Posted: 10/23/2018 12:39:47 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

"Hello, ATF? We had this hurricane that destroyed the ground floor where my records were kept . . . "  
View Quote
A disaster preparedness plan should be established by all FFLs and FEL/FEPs to safeguard their businesses by protecting explosives, firearms, and required records. If necessary, licensees and permittees should take precautionary steps by contacting their local ATF field office regarding:

the relocation of explosives magazines and records from business premises to a safe location; or
the removal of firearms and ammunition inventory, ATF Forms 4473 and 3310.4; and acquisition and disposition records from business premises to a safe location.


https://www.atf.gov/news/pr/guidance-disaster-preparedness-federal-firearms-licensees-and-federal-explosives-licensees

https://www.atf.gov/firearms/docs/guide/disaster-preparedness-federal-firearms-licensees-atf-p-33177/download

https://www.nssf.org/ffl-disaster-prepardness-plan-its-never-to-early-to-be-ready/
Link Posted: 10/23/2018 1:14:29 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

"Hello, ATF? We had this hurricane that destroyed the ground floor where my records were kept . . . "  
View Quote
Actually, this happened to my Dad in Andrew.  His home was completely destroyed by a tornado, during the hurricane.

He was a small time, kitchen table dealer back in the day when you could do that without much of a hassle.

I was the one that wrote the letter to the ATF.

Told them that there was no inventory and that the 4473s and bound book were literally "gone" and asked them for guidance.

Also said he was turning in his licence and discontinuing the business but did not have the hard copy of his licence to send them.

He dies two years later having never received a reply from ATF.
Link Posted: 10/23/2018 8:42:40 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

A disaster preparedness plan should be established by all FFLs and FEL/FEPs to safeguard their businesses by protecting explosives, firearms, and required records. If necessary, licensees and permittees should take precautionary steps by contacting their local ATF field office regarding:

the relocation of explosives magazines and records from business premises to a safe location; or
the removal of firearms and ammunition inventory, ATF Forms 4473 and 3310.4; and acquisition and disposition records from business premises to a safe location.


https://www.atf.gov/news/pr/guidance-disaster-preparedness-federal-firearms-licensees-and-federal-explosives-licensees

https://www.atf.gov/firearms/docs/guide/disaster-preparedness-federal-firearms-licensees-atf-p-33177/download

https://www.nssf.org/ffl-disaster-prepardness-plan-its-never-to-early-to-be-ready/
View Quote
"Should" not "shall".  That's a big difference.

And some of us are better at contingency planning than others.

And as we all know, "The best-laid plans of mice and men often go awry."
Link Posted: 10/23/2018 8:46:01 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
"Should" not "shall".  That's a big difference.  
View Quote
Common sense Should not have to be Shall.

With that said, Tornados are predicable events giving you days to evacuate.
Link Posted: 10/24/2018 12:48:17 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Common sense Should not have to be Shall.

With that said, Tornados hurricanes are predicable events giving you days to evacuate.
View Quote
Link Posted: 10/28/2018 11:34:56 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Law: 923(g)(4)
Regulations: 478.127
View Quote
Bonus Question: What is the penalty for violating 18 U.S. Code § 923(g)(4) and/or 27 CFR 478.127?
Link Posted: 10/28/2018 12:20:05 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Bonus Question: What is the penalty for violating 18 U.S. Code § 923(g)(4) and/or 27 CFR 478.127?
View Quote
Yeah, that!
Link Posted: 10/28/2018 4:29:09 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Common sense Should not have to be Shall.

With that said, Tornados are predicable events giving you days to evacuate.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
"Should" not "shall".  That's a big difference.  
Common sense Should not have to be Shall.

With that said, Tornados are predicable events giving you days to evacuate.
'Shall" sets up conditions that MUST be performed in CFR and CFAR.

It has a very specific legal meaning and force.
Link Posted: 10/28/2018 10:06:17 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
'Shall" sets up conditions that MUST be performed in CFR and CFAR.

It has a very specific legal meaning and force.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
"Should" not "shall".  That's a big difference.  
Common sense Should not have to be Shall.

With that said, Tornados are predicable events giving you days to evacuate.
'Shall" sets up conditions that MUST be performed in CFR and CFAR.

It has a very specific legal meaning and force.
https://www.faa.gov/about/initiatives/plain_language/articles/mandatory/

Should and shall are not mandatory per the federal government rather they imply guidance.
Link Posted: 10/28/2018 10:21:27 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

'Shall" sets up conditions that MUST be performed in CFR and CFAR.
View Quote
Exactly my point.
Link Posted: 10/29/2018 1:11:08 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

https://www.faa.gov/about/initiatives/plain_language/articles/mandatory/

Should and shall are not mandatory per the federal government rather they imply guidance.
View Quote
Shall is not optional.

I do not remember the Spec spec that says how to write equipment specifications but it defined the use of shall and will explicitly.

The government will, the contractor shall.
Link Posted: 10/31/2018 1:20:12 AM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

"Hello, ATF? We had this hurricane that destroyed the ground floor where my records were kept . . . "  
View Quote
I know how to start a fire.  How do you start a hurricane?
Link Posted: 11/1/2018 12:16:09 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
https://www.faa.gov/about/initiatives/plain_language/articles/mandatory/

Should and shall are not mandatory per the federal government rather they imply guidance.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
"Should" not "shall".  That's a big difference.  
Common sense Should not have to be Shall.

With that said, Tornados are predicable events giving you days to evacuate.
'Shall" sets up conditions that MUST be performed in CFR and CFAR.

It has a very specific legal meaning and force.
https://www.faa.gov/about/initiatives/plain_language/articles/mandatory/

Should and shall are not mandatory per the federal government rather they imply guidance.
That would apply ONLY to FAA rules.
Nothing else.

A single Federal agency can not affect rules for other Federal Agencies or laws.

Sh|t cannot be made to flow uphill no matter what the FAA wants.
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