Type 7 FFL

**iUxTc** · June 24th, 2022, 04:43 PM

Hello all, with the passage of the new firearm bill in congress (bipartisan safe communities act) I am seriously considering getting my FFL 7 license. The only confusing part is zoning by local government. The local zone ordinance says there can be no home occupation for retail sale of firearms. Will the ATF deny based on these issues? Does anyone have any experience with local zoning? Thanks.

12.5 Special Exceptions – Specific Provisions
12.5.A Home Occupations –
The following conditions shall apply to all home occupations unless expressly waived by the
Board after a demonstration of
good cause:...
K. There shall be no home occupation for the wholesale and/or retail sale of firearms or
ammunition. Neither shall there be a home occupation for the service or repair of
firearms or the loading of bullets or preparation of ammunition

**DucatiRon** · June 24th, 2022, 04:51 PM

You absolutely must comply with local zoning. The ATF will call your zoning officer for compliance as part of the approval process.

**iUxTc** · June 24th, 2022, 05:01 PM

Originally Posted by DucatiRon

You absolutely must comply with local zoning. The ATF will call your zoning officer for compliance as part of the approval process.

I know i must comply with zoning, but if I am just manufacturing and doing transfers, it seems that would be an exception?

**NEAHS** · June 24th, 2022, 05:33 PM

Wouldn't zoning laws also fall under the state preemption law since the zoning board is part of the municipality?

**USMC3531** · June 24th, 2022, 09:06 PM

Originally Posted by iUxTc

I know i must comply with zoning, but if I am just manufacturing and doing transfers, it seems that would be an exception?

I'm sure they would argue that manufacture is the same as service or repair....

**ExFlyinguy** · June 24th, 2022, 09:37 PM

When I got my FFL the Inspector required me to get a letter from my municipality stating that what I wanted to do was not in violation of zoning. The letter went in with my application.

**Xringshooter** · June 25th, 2022, 10:48 AM

^^^^ This is correct, I also had to include with my application a letter from the zoning board saying my business was ok (I'm an 01 FFL). Not sure if the zoning ordinances would fall under the preemption because localities are allowed to set them up so you don't get potentially hazardous industries in with a bunch of homes (just can't think of the right words right now).

Doing transfers IS considered a wholesale or retail trade, firearms are being delivered to you, you have to log them into your bound book and then do a 4473 and if needed a PSP Form SP4-113 (for handguns, etc.) when transferred (delivered) to the customer.

Also the 07 FFL is a manufacturing license even if you only build one item per year.

**iUxTc** · June 27th, 2022, 03:26 AM

Thanks for the responses. I was just trying to avoid a "big deal". Did you guys have a public zoning meeting when you guys got approved and have to testify on the agenda? Do you recommend an 01 instead?

**DucatiRon** · June 27th, 2022, 10:42 AM

It was just me and the zoning officer. No public meeting. Now you will definitely have a meeting if you need a variance.

I never even got an approval letter. My agent just called the zoning officer for a verbal OK.

**WCMG** · June 28th, 2022, 12:55 PM

Originally Posted by iUxTc

Thanks for the responses. I was just trying to avoid a "big deal". Did you guys have a public zoning meeting when you guys got approved and have to testify on the agenda? Do you recommend an 01 instead?

In most areas, a FFL 01 is much easier to pass zoning regulations then a "Manufacturing" FFL 07. By getting a FFL 07, you are requesting to have manufacturing business in your home, which many townships forbid in residential neighborhoods.

Also, myself included, many new FFLs started as a FFL 01 to get their feet wet into the business and then change their license over to a FFL 07, or even a FFL 10 like we did.