FFL Approval = "Separate Room" in Home?
Many FFL advisors have posted that one condition to getting ATF approval to operate out of your home is to "have a seperate room that is dedicated to the gun shop". Is "separate" defined as a completely enclosed space, such as extra bedroom, den, or room-addition that is used for no other purpose? Or are we talking a "specific" space within the home, such as part of a garage area, where all the FFL documentation and gun work is maintained? For example, would using a garage for parking the personal vehicle as well as operating the gun shop not fall within the definition of "separate room"? Or would it require some permanent partions/walls around that area of the garage to make it physically separate?
Just trying to determine if anyone has encountered/determined if there is a "legal" definition that the ATF uses, or if they have a standard that they expect to find. I know that my FFL uses what was originally intended to be the front room of his home for his operation. However, one side of that room is open to the dining area, which could be looked at as a continuation of the "FFL" area and therefore not a separate room.
Thanks.
The buck has gained considerable velocity by the time it hits my desk.
Just trying to determine if anyone has encountered/determined if there is a "legal" definition that the ATF uses, or if they have a standard that they expect to find. I know that my FFL uses what was originally intended to be the front room of his home for his operation. However, one side of that room is open to the dining area, which could be looked at as a continuation of the "FFL" area and therefore not a separate room.
Thanks.
The buck has gained considerable velocity by the time it hits my desk.
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From the little I have heard it just has to be a seperate room with a public door anyone can come in during your bussiness hours. 0 -
I've heard all sorts of things including the need for a seperate enterance to the "licensed premises" (an enterance other than the front door of your house) and I don't think there are any hard fast rules. A lot of what happens is up to the BATFE compliance inspector. What you have to have is an area where it is clear that business is conducted as well as where your records can be easily accessed for inspection. A field agent won't want to go into your bed room and check out your A&D bound book and 4473s while stretched out on your water bed looking up at his reflection on your mirrored ceiling! Sitting at your kitchen table, or in your den, or at the desk in your office/gun room is fine. The garage can work if you have a space where you never park a car but I doubt the compliance inspector will believe you are legit when you tell him you only conduct your gun business in the garage when the Buick is parked out in the drive way!
"Nothing can ever be made 'idiot proof' because idiots are simply too clever"!
Mark T. Christian0 -
I got my FFL last year and had 2 ATF agents at my dining room table for about an hour. They never said anyting about a "seperate room". On the request form, they do ask if there is a seperate room to store arms. Come on guys...just make believe that it is you bathroom or something. I run my run business out of my home. All the inventory is stored off site anyway for safety. The ATA agents had no problem with they way I planned on doing business. 0 -
You may run into a problem with an FFL from your home. Many towns dont allow for them, simply because your home may not be located in a commercially zoned area. I ran into this problem a few years back when attempting to get my FFL. Was told I needed to be in a stocking store front, properly zoned for a business. Just my 2 cents worth. 0 -
Benefit of having it listed as your detached garage or separate building.....ATF will not go into your house. From what I've seen posted here before anyways. 0 -
the goal of the law is to discourage thugs from operating from their kitchen table exposing innocent family members to harm or clumsy customers. and too, batf likes to visit and they dont want to see your dirty underwear! its good law. 0 -
My transfer FFL does not have a seperate entrance. He does his work from a home office just off the entry. He does have a walk in vault for keeping firearms secure and to house his S&W collection. A lot may depend upon local regulation and the inspectors you draw. 0 -
When my partner pulled out of "his" business, and I lost my "storefront" property (didn't make enough off the FFL to pay all the rent by myself) I transferred my FFL to my home. At the time I asked the BATF about it, and they had NO problem with this. They did not specify any restrictions at that time, about a private entrance, or anything else. As long as I was actually engaged in the business, they didn`t care.
But a few years later, the "locals" said my home was not properly zoned to do business out of. They were cracking down on ALL kinds of businesses that were being run out of peoples homes, up to, and including babysitting. So I gave up my FFL. (There were other reasons too.)
The gene pool needs chlorine.0 -
the ffl i know (just picked up a class3) has a room set aside specifically for his "business". The only access to this room is through the front door, 5 feet down the hall, and through the door on the right. There is no direct access from outside into this room. However when you walk into this room, you have an idea of what you are getting into... big safe, 1919 displayed on a bipod (working? machinegun?) as well as inerts (30-06 50bmg 20mm) on the bookshelf and a few tank rounds on the desk corner, big paper weights i guess. 0 -
I have seen the same sort of requirement in posts lately. I don't have an FFL, but have a very good friend who just sells out of his normal residence with no special access what so ever. He has been visited by the ATF and it has never been an issue.
To err is human, to moo is bovine.0 -
bobski, I disagree. Any gun law is a bad law, except for the Second Ammendment.
To err is human, to moo is bovine.0
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