Federal Firearms License guide: the application, step by step

Before you touch the form

Most application delays are decided before the form is filled out. Have these ready:

• The license type. If you are unsure between a Type 01 and 07, sort it out now with the license types guide. Switching types later means starting over.
• Zoning confirmation for the premises address, ideally in writing.
• Your business entity, if you are applying as an LLC or corporation, formed and registered, with the exact legal name.
• A list of responsible persons. Everyone with authority over the firearms side of the business. See the requirements guide for who counts.
• Business hours you can actually keep. ATF may show up during them.
• A payment method for the fee.

Download the current version of ATF Form 5310.12 from the ATF website. ATF revises forms periodically and older versions can be rejected, so don’t use a copy saved from years ago.

Filling out Form 5310.12

The form is organized around a few blocks of information. The official instructions are attached to the form and are worth reading once in full.

Applicant and business information

The name of the applicant (you, or your business entity), any trade name you operate under, and the employer identification number if you have one. Consistency matters: the name should match your state registration exactly.

License type and premises

The license type, the premises address where business will be conducted and records kept, and a mailing address if it is different. The premises address must be a physical location. You also list your business hours here.

Questions about the applicant

A series of yes/no questions about criminal history, prohibited-person status and prior licensing. Every responsible person answers these. Read each one slowly. The questions are specific, and “no” when the answer is “yes” creates a separate problem from whatever the underlying issue was.

Responsible persons

Identifying information for each responsible person. Every one of them provides:

• two completed FBI Form FD-258 fingerprint cards;
• a 2x2-inch photograph taken within the last six months.

Certifications

The signature section includes the certifications required by law: that the business will comply with state and local law including zoning, that you have sent a copy of the application to your chief law enforcement officer, and that secure storage or safety devices will be available to customers.

Fingerprints that don’t get rejected

Rejected fingerprint cards are one of the most common reasons an application gets kicked back and loses weeks. A few tips:

• Use a law enforcement agency or a fingerprinting service that prints onto FD-258 cards, not a friend with an ink pad.
• Live-scan prints printed onto the card work well where available.
• Check each box before you leave. All ten rolled prints should be clear, fully inside their boxes, and not smudged.
• Fill in the card’s personal information completely and legibly.

Paying the fee and mailing

The fee is paid with the application, by check or card authorization according to the form’s current instructions. Mail the application to the address on the form. Keep a complete copy of everything you send.

The CLEO copy

Before you mail the application, send a copy to the chief law enforcement officer for the locality of your premises. That is usually the local police chief or the county sheriff if you are outside city limits. The CLEO does not approve or deny your license. This is a notice requirement.

Send it by a method that gives you proof of delivery, such as certified mail, and keep the receipt with your copy of the application.

After you file

The Federal Firearms Licensing Center in Martinsburg, West Virginia, receives the application, checks it for completeness and runs background checks on each responsible person. The file then goes to the ATF field office that covers your area.

If something is missing, you will hear about it. Answer quickly, because the 60-day clock in the statute runs from receipt of a properly completed application.

The qualification interview

An Industry Operations Investigator will contact you to schedule a qualification inspection. It usually takes place at your premises and often lasts a couple of hours. It is not an interrogation, and most investigators approach it as a conversation.

Expect the investigator to:

• confirm the information on your application and identify the responsible persons;
• look at the premises and ask how firearms will be stored and secured;
• ask about your business plans, hours and suppliers;
• verify zoning compliance, sometimes in advance with your local office;
• walk through federal requirements: Form 4473, background checks, the acquisition and disposition record, multiple sales reports, theft reporting and interstate sales rules;
• go over state requirements that affect firearms sales where you are.

You will usually be asked to sign an acknowledgment that federal regulations were reviewed with you. Ask questions. This is the easiest time you will ever have to get a direct answer from ATF about your specific situation.

If ATF denies the application

A denial comes with a written notice explaining the reasons. You can request a hearing to review it, and the deadline to request one is short, 15 days from receiving the notice. If you get a denial, contact an attorney who handles firearms licensing right away rather than waiting.

In practice many problems are resolved before a denial is issued, often by withdrawing an application that has a zoning or ownership problem, fixing the issue, and reapplying.

When the license arrives

The license comes by mail. A few things to do immediately:

1. Post the license at your premises.
2. Make signed copies for distributors and other licensees who ship to you. Suppliers need a copy with an original signature on it.
3. Set up your acquisition and disposition record before the first firearm arrives.
4. Enroll in NICS E-Check or your state’s background check system.
5. File for the SOT if you will deal in NFA items. The Class 3 SOT guide covers that step.
6. Open distributor accounts.

Your license also appears in ATF’s FFL eZ Check system, which other licensees use to verify you before shipping.

Keeping the license

Licenses run for three years. Changes during that time have their own procedures:

If you let a license expire without a timely renewal, you have to stop doing business and apply again as a new applicant.