- 3 -
|
Instruction Sheet for ATF Form 5300.38 (Detach this sheet before submitting your application)
All Applications are to be Submitted to:
ATF Federal Firearms Licensing Center
244 Needy Road
Martinsburg, WV 25405
Section 923(d)(1), Title 18, U.S.C., provides the requirements for obtaining a Federal firearms license (FFL). These provisions require applicants for an FFL to
certify that the firearms business or activity will be conducted in compliance with State and local law.
The purpose of this application is to require a licensee who moves the licensed premises to a different location during the term of an existing license to certify
that the firearms business or activity at the new location will be conducted in compliance with State and local law. The application also requires applicants for
an amended license to notify the Chief, Law Enforcement Officer (CLEO) in the locality where the new premises are located of the intent to apply for an
amended license, as required by section 923 (d)(1)(F)(iii).
1. Notification of the new location of the business or activity must be given not less than 30 days prior to such removal.
2. Each licensee submitting the ATF Form 5300.38, Application for an Amended Federal Firearms License must provide notification of the intent to apply for
an amended FFL to the CLEO in the locality where the new premises are located by mailing or delivering copy 2 of this application to such CLEO.
3. Submit copy 1 of ATF Form 5300.38 to the Chief, Federal Firearms Licensing Center, Bureau of Alcohol, Tobacco, Firearms and Explosives at the address
listed above. Mail or deliver copy 2 to the CLEO.
4. PRINT with ball-point pen or type (except for signature at end). All attached sheets must be:
a. Identified with your name and address at the top of each page.
b. Referenced by the question number being responded to.
5. The certification in Section I, Item 2 and Section II, Item 6 must be executed (signed) by the owner, a partner, or in the case of a corporation, association,
etc., by an officer duly authorized to sign for the licensee.
6. IF YOU HAVE QUESTIONS relating to this application, please contact the ATF Federal Firearms Licensing Center, 244 Needy Road, Martinsburg,
WV 25405, toll free 1-866-662-2750, fax 1-866-257-2749.
Definition
The term "Chief Law Enforcement Officer" means the Chief of Police, the Sheriff, or an equivalent officer.
Privacy Act Information
The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552a(e)(3)):
1. Authority. Solicitation of this information is authorized pursuant to 18 U.S.C § 923(a) of the Gun Control Act of 1968. Disclosure of this information is
mandatory if the applicant wishes to obtain a Federal firearms license.
2. Purpose. To determine the eligibility of the applicant to obtain a firearms license, to determine the ownership of the business, the type of firearms or
ammunition to be dealt in, the business hours, the business history and the identity of the responsible person in the business.
3. Routine Uses. The information will be used by ATF to make determinations set forth in paragraph 2. In addition, information may be disclosed to other
Federal, State, foreign and local law enforcement and regulatory agency personnel to verify information on the applicaiton and to aid in the performance of
their duties with respect to the enforcement and regulation of firearms and/or ammunition where such disclosure is not prohibited by law. The information
may further be disclosed to the Justice Department if it appears that the furnishing of false information may constitute a violation of Federal law. Finally,
the information may be disclosed to members of the public in order to verify the information on the application when such disclosure is not prohibited by
law.
4. Effects of Not Supplying Information Requested. Failure to supply complete information will delay processing and may result in denial of the
application.
5. Disclosure of Social Security Number. Disclosure of the individual's social security number is voluntary. Under 18 U.S.C. § 923(a), ATF has the
authority to solicit this information. The number may be used to verify the individual's identity.
Paperwork Reduction Act
The information required by this form is in accordance with the Paperwork Reduction Act of 1995. The purpose of the information is to certify whether the
operations will be in conformity with Federal, State and local law. The information is subject to inspection by ATF officers. The information requested is
mandatory by statute (18 U.S.C. 923).
The estimated average burden associated with this collection is 1 hour and 15 minutes per respondent or recordkeeper, depending on individual circumstances.
Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to Reports Management Officer,
Document Services Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, DC 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number.
ATF E-Form 5300.38
Revised October 2004
|