Age to get a FFL

[cositc]

I'm sorry if there is a better place to put this but i thought that class 3 fourm readers would know more about this than any other fourm. I've been reading all over the internet that you have to be 21 to get a FFL,but nobody has been able to give me any link to the law that says so. I'm wondering if it's like how a lot of people think that you have to be 21 to own class 3 weapons.

 

[E5RANGER375]

well since you have to be 21 to even purchase a pistol from a dealer, i would imagine to be the "pistol dealer" it would be 21 as well. but i dont know.

im older than that, but ive been considering becoming an FFL and then paying the extra cash to go class III.

 

[cositc]

Thats what i was thinking but what if you did a partnership or a LLC with the other person being 21 then what?

 

[ultraspec]

Go to ATF website and look at the FAQ's or just call your local ATF office. Thats what they are there for

 

[CarmelHP]

§ 923 Licensing.
(d) (1) Any application submitted under
subsection (a) or (b) of this section shall
be approved if—
(A) the applicant is twenty-one
years of age or over;
(B) the applicant (including, in the
case of a corporation, partnership, or
association, any individual possessing,
directly or indirectly, the power to
direct or cause the direction of the
management and policies of the corporation,
partnership, or association)
is not prohibited from transporting,
shipping, or receiving firearms or
ammunition in interstate or foreign
commerce under section 922(g) and
(n) of this chapter;
(C) the applicant has not willfully
violated any of the provisions of this
chapter or regulations issued thereunder;
(D) the applicant has not willfully
failed to disclose any material information
required, or has not made any
false statement as to any material
fact, in connection with his application;
(E) the applicant has in a State (i)
premises from which he conducts
business subject to license under this
chapter or from which he intends to
conduct such business within a reasonable
period of time, or (ii) in the
case of a collector, premises from
which he conducts his collecting subject
to license under this chapter or
from which he intends to conduct
such collecting within a reasonable
period of time;
(F) the applicant certifies that—
(i) the business to be conducted
under the license is not prohibited
by State or local law in the place
where the licensed premise is located;
(ii)(I) within 30 days after the
application is approved the business
will comply with the requirements
of State and local law
applicable to the conduct of the
business; and
(II) the business will not be
conducted under the license until
the requirements of State and
local law applicable to the business
have been met; and
(iii) that the applicant has sent
or delivered a form to be prescribed
by the Attorney General, to
the chief law enforcement officer of
the locality in which the premises
are located, which indicates that
the applicant intends to apply for a
Federal firearms license; and

 

[Benjamin]

What if you apply with another person as a partnership?

 

[downzero]

What if you apply with another person as a partnership?

A partnership would probably need an FFL for each partner as individuals. The law doesn't recognize a partnership as a legal entity.

[STRIKE]I wonder what would happen if you incorporated. As far as I know, a corporation can have an FFL. Would the officers of the corporation need to be 21+? CarmelHP?[/STRIKE]

Nevermind, I just read it more carefully. It seems obvious that even if incorporated, so long as you have any sort of management control, you're going to have to be 21+.

 

[Benjamin]

Nevermind, I just read it more carefully. It seems obvious that even if incorporated, so long as you have any sort of management control, you're going to have to be 21+.

I'm not sure because it says

(B) the applicant (including, in the
case of a corporation, partnership, or
association, any individual possessing,
directly or indirectly, the power to
direct or cause the direction of the
management and policies of the corporation,
partnership, or association)
is not prohibited from transporting,
shipping, or receiving firearms or
ammunition in interstate or foreign
commerce under section 922(g)

but for the age requirement it just says the applicant and it never mentions:

(including, in the
case of a corporation, partnership, or
association, any individual possessing,
directly or indirectly, the power to
direct or cause the direction of the
management and policies of the corporation,
partnership, or association)

 

[CarmelHP]

Everyone who falls into the control group is an applicant, and has to be listed on the application with their identifying information.

 

[Benjamin]

That is very saddening but thanks for clearing it up.

 

[downzero]

That is very saddening but thanks for clearing it up.

For legal scholarship on this and many other subjects, see here:
The Volokh Conspiracy How Would an 18-to-20-Year-Old Go About Buying a Handgun?

Professor Volokh has opined at length about the disparity of gun rights for 18 to 20 year olds.

 

[Michiana]

FFL

A partnership would probably need an FFL for each partner as individuals. The law doesn't recognize a partnership as a legal entity.

[strike]I wonder what would happen if you incorporated. As far as I know, a corporation can have an FFL. Would the officers of the corporation need to be 21+? CarmelHP?[/strike]

Nevermind, I just read it more carefully. It seems obvious that even if incorporated, so long as you have any sort of management control, you're going to have to be 21+.

I believe if you incorporate the license is in the name of the corporation/LLC. When I was a private owner business if I purchased a firearm for my personal use I had to record it in my private collection book; when I became a LLC that all changed. I had to apply for a new license and now when I purchase a gun for myself I now have to fill out a 4473 for myself and also get a NICS background check on myself. Places like gun shops have one license that employees use, they do not each have an individual license.

Also keep in mind a FFL is not something you get so you can purchase personal guns wholesale; you have to be an actual business selling to others or doing transfers. When you become a business you have to collect sales tax and it involves a lot of recordkeeping. Your primary business needs to be selling to others or your license will eventually be pulled by the ATF when they audit you. I believe you need to be 21 to have a license but best confirm that with the ATF. I do know a FFL can't sell a handgun to anyone under 21, same goes for a lower. Since handguns are a majority of transactions it really makes no sense just doing long gun transactions.