Summary of Federal Requirements for Changing the Location of a Federal Firearms License (FFL)

When a Federal Firearms Licensee (FFL) needs to change their business location, federal regulations require obtaining an amended license to ensure compliance with licensing standards at the new premises. This process is governed by the Gun Control Act of 1968 and its implementing regulations. Below is a structured summary of the key requirements:

1. Application Submission

• The licensee must file an Application for an Amended Federal Firearms License (ATF Form 5300.38) in duplicate with the Chief, Federal Firearms Licensing Center (FFLC).
• The application must include the original FFL and be executed under penalties of perjury, as outlined in the form instructions.
• A cover letter is recommended. See sample cover letter below article.

2. Timeline

• The application must be submitted not less than 30 days prior to the intended move to the new location where business will be regularly conducted.

3. Certifications and Compliance

• The applicant must certify that the business at the new location is not prohibited by state or local law and that they will comply with all applicable state and local requirements within 30 days after approval.
• A copy of the application may need to be sent to the Chief Law Enforcement Officer (CLEO) in the new locality, depending on the FFL type.
• If the new premises are rented or leased, attach a copy of the lease or agreement.

4. Approval and Operations

• Business operations cannot commence at the new location until the amended license is approved and issued by the Chief, FFLC.
• Upon approval (if the applicant qualifies under federal standards), the amended license will be valid for the remainder of the original license’s term.
• If the application is denied, it will be referred to the Director of Industry Operations for formal denial proceedings. If this happens, contact The Davis Law Firm at your earliest convenience.
• Once the amended license is issued, the licensee may no longer conduct business at the former location.

5. Additional Notes

• No new license fee is required for a change of location, as the amended license covers the existing term.
• For certain FFL types (e.g., Type 03 collectors), additional specifics may apply, but the core process remains the same.

These requirements ensure that the new location meets federal standards for firearms dealing, manufacturing, or importing, preventing unlicensed operations.

Citations to Law and Regulation

• Primary Law: The requirements stem from the Gun Control Act of 1968, specifically 18 U.S.C. § 923, which mandates separate licensing for each business location and outlines general qualifications for FFLs.law.cornell.eduecfr.gov This section requires that licenses be issued only for qualified premises and prohibits operations without proper licensing.
• Implementing Regulation: 27 CFR § 478.52 details the procedures for amending an FFL due to a change of address, including the 30-day advance filing requirement, form submission, and approval process.ecfr.gov Penalties for non-compliance are tied to 18 U.S.C. § 924.

Sample Cover Letter

[Your Business Name]
[Your Current Business Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]

[Current Date]

Chief, Federal Firearms Licensing Center (FFLC)
ATF National Services Center
244 Needy Road
Martinsburg, WV 25405

Re: Notification of Change of Location for Federal Firearms License (FFL) # [Your FFL Number]

Dear Chief, FFLC:

I am writing to notify the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) of a change in the business location for the above-referenced Federal Firearms License. This notification is provided in accordance with 27 CFR 478.52.

Licensee Information:

• Licensee Name: [Your Full Legal Name or Business Entity Name]
• FFL Number: [Your FFL Number]
• Current Business Location: [Current Full Address, Including City, State, ZIP Code]
• New Business Location: [New Full Address, Including City, State, ZIP Code]
• Effective Date of Change: [Date the Move Will Occur, at Least 30 Days from Submission]

The business operations will not commence at the new location until approval is received from ATF and an amended license is issued, but it is our intention to begin operations at the new location at [Date]. Enclosed with this letter is the completed ATF Form 5300.38 (Application for an Amended Federal Firearms License) along with the original FFL for processing. A copy of this application has also been sent to the Chief Law Enforcement Officer (CLEO) in the locality of the new premises, as required.

We certify that:

1. The business to be conducted at the new location is not prohibited by State or local law.
2. Within 30 days after approval of the application, the business will comply with the requirements of State and local law applicable to the conduct of the business.
3. Business will not be conducted under the license until the requirements of State and local law have been met.

If additional information or documentation is required, please contact me at [Your Phone Number] or [Your Email Address].

Thank you for your attention to this matter. We look forward to receiving the amended license.

Sincerely,

[Your Full Name]
[Your Position/Title, e.g., Owner or Responsible Person]
[Signature]