Home Based FFL Question

[jordanzwon1]

So I have applied for the 07. My city (Austin) is pretty strong about the fact that you can't have customers coming to your house, however a business is allowed if you don't have customers. I reached out to other HB FFLs in the city and was told that the ATF will approve you for an 01 if you agree to doing only online sales, which makes sense since the city has regulations around that. But then I had another city planner tell me that the regulations are enforced through complaints, and then clearly said "So if you are limiting the amount of traffic, the city would never know you have a business."

So my question is, has anyone ever had to agree to the ATF to do online only and then still do transfers and sales out of the house? Does the ATF actually enforce that after they approve your license? I would most likely be doing most stuff online but I am sure as I get into it I will start doing sales out of the house.

Any info would be helpful.

[jsenner]

ATF will most certainly know if you are or are not doing solely online sales and no transfers at your location. If you do local transfers for people at your location then you'll have paper 4473 forms that you're required to keep and your log book will show dispositions to those local transactions. If you only do online then you would be shipping/dropshipping to other dealers for the transfer and your log book would only show dispositions to other dealers, and you won't have any 4473 forms. All this would be apparent on your first inspection whenever that happened.

ATF will require that you comply with all laws, federal and local - and they'll treat adherence to regulations like HOA rules and such as being in that category. So if the city of Austin says you can only do online (however that's accomplished) then ATF will make that a requirement for you. I can't say if they'd note it in your file, I'd say most likely.

so yes, it will be very easy for ATF to tell if you're doing online only vs. anything else and odds are very good that requirement will be in your file.

[jordanzwon1]

Awesome. Thanks for the reply. I certainly want to stay within the means of the law, just seems so silly to have to be fighting the city to let me transfer a gun to someone.

[Bill Anderson]

You can do business at gun shows but if you want to run a store front business, buy or rent space that's zoned for it. It doesn't matter if you're selling guns, cars, or furniture.