Form ATF F 5300.38 ATF F 5300.38 Application for an Amended Federal Firearms License

OMB No. 1140-0040 (xx/xx/xxxx)

U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives

Application for an Amended Federal
Firearms License

All entries must be in ink. Please read attached instructions carefully before completing this form.
Section 1: General Information
3. Employer Identification Number (EIN) or Social Security
1. Current Federal Firearms License (FFL) Number
2. Expiration Date of FFL
Number
4. Is the address change due to a change required by the U.S. Postal Service or 9-1-1?

Yes

No

Section 2: Current Information Listed on FFL
5. FFL Name (as reflected on attached FFL)

6. Trade Name(s) or Business Name(s) (if any)

7. Premises Address (number and street name)
County

State

City
8. Premises Telephone Number (with area code)

9. Home Telephone Number (with area
code)

Zip Code

10. Fax Number

Section 3: New Information for the FFL-Complete Applicable Changes
11. Are there any changes in the business structure of the FFL's operations? (Change of Control, Change of Partnership, etc.) If yes, specify
change on a separate sheet of paper. You may need to file a new ATF Form 7, Application for Federal Firearms License.
Yes

No

12. Change in Trade Name or Business Name (if any)
13. New Premises Address (where firearms activities will occur - list number and street name)
City

State

County

Zip Code

State

County

Zip Code

14. New Mailing Address (number and street name)
City
15. New Premises Telephone Number (with area code)

16. New Home Telephone Number (with
area code)

18. E-mail Address

17. New Fax Number

19. Alternate 24 Hour Contact Telephone Number (with area code)

20. Hours of Operation and/or Availability of Business/Activity (Please provide at least one hour in which you can be contacted by ATF personnel)
Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Hour(s):
Section 4: Business Information (Complete this section Only if your business location has changed. If you have a Type 03 Collector of Curios
and Relics FFL, skip Section 4 and go on to Section 5)
23. Licensee's new premises is
21. Is the new business premises open to
22. Will any other business, other than that for which the
the general public during these hours?
license was issued, be conducted on the new premises?
Yes
No
Owned
Leased
Rented
Yes
No
If yes, state type of business:
24. If the new premises is rented, leased, or otherwise not owned by the applicant, please attach: 1) A copy of the lease, rental, or other agreement,
and 2) The name, address, telephone, and other contact information of the owner of the property. If the lease, rental or other agreement does not
reflect the terms and conditions of the agreement, please specify the beginning and ending date as well as the terms and conditions.
25. If the new premises is owned by the applicant, are there any restrictions or covenants which prohibit the owner from operating a firearms
business on the premises? If yes, on a separate sheet, describe such restrictions or covenants.
Yes

No
ATF Form 5300.38
Revised (
)

26. Do any zoning ordinances prohibit the conduct of a firearms
activity on the new premises?
Yes

27. Is a license, permit, or payment of occupational or business tax
required under state or local law to engage in a firearms business
from the premises? If so, provide copies.

No
Yes

No

28. Indicate type of business premises at the new location.
Commercial

Residential

Storefront

Single/Family Dwelling

Office
Rod & Gun Club

Condominium
Apartment
Hotel/Motel

Military Installation
Other (Specify)

Public Housing
Other (Specify)

If the new premises is located on a military installation, attach a written authorization from the Installation Commander to conduct the firearms
business on the military installation.
Section 5 - Certification of Compliance With State and Local Law
As required by 18 U.S.C. § 923(d)(1), I certify that:
a. The applicant and all Responsible Persons are not prohibited under the Gun Control Act of 1968 (GCA) from shipping, transporting in interstate
or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition, or from receiving any firearm or ammunition which has
been shipped or transported in interstate or foreign commerce;
b. The applicant has not willfully violated any of the provisions of the GCA or 27 CFR, part 478;
c. 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 this application;
d. The applicant has in a State (i) premises from which they conduct business subject to license under the GCA or from which they intend to conduct
such business within a reasonable period of time, or (ii) in the case of a collector, premises from which they conduct collecting activities subject to
license under the GCA or from which they intend to conduct such collecting within a reasonable period of time; and
e. The business to be conducted under the license is not prohibited by State or local law in the place where the licensed premises is located.
f. 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
business.
g. The business will not be conducted under the license until the requirements of State and local law applicable to the business have been met.
h. The applicant has sent or delivered a completed copy of this application to the Chief Law Enforcement Officer (CLEO) of the locality in which the
premises listed in item 13 of this form is located. For purposes of this paragraph, the "Chief Law Enforcement Officer" is the Chief of Police, the
Sheriff, or an equivalent officer.
29. Certification: Under the penalties of perjury imposed by 18 U.S.C. § 924, I declare that I have examined this application and the
documents submitted in support hereof, and to the best of my knowledge and belief, they are true, correct, and complete.
Applicant's Signature

Print Applicant Name
Address of the Responsible Person Signing this Form
Street Address

Date

Check if same as New Premises or Mailing Address

City

State

Telephone Number (with area code)

E-mail Address

Zip Code

For ATF Use Only
Reason for Denial

Check Application Status
Approved

Denied

Withdrawn

Abandoned

Signature of Licensing Official

Date

ATF Form 5300.38
Revised (
)

Instruction Sheet for ATF Form 5300.38
(Do not return this sheet when submitting your application)
Submit all application to:

Chief, Federal Firearms Licensing Center
244 Needy Road
Martinsburg, WV 25405
Fax Number Toll Free 1-866-257-2749 or (304) 616-4601

Title 18 U.S.C. § 923 and 27 CFR 478.41-78 provides the requirements for obtaining a Federal firearms license (FFL). These provisions require
applicants for an FFL to certify, among other things, 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. Each licensee submitting the
ATF Form 5300.38, Application for an Amended Federal Firearms License, must send or deliver a completed copy of such application to the Chief Law
Enforcement Officer (CLEO) of the locality in which the new premises are located, as required by § 923(d)(1)(F)(iii).
1.

Notice of the new location of the business or activity must be filed with ATF not less than 30 days prior to establishing the business or activity at
the new premises. To allow for ample processing time, it is recommended ATF Form 5300.38 be submitted as soon as the new premises location
is known.

2.

TYPE or PRINT with ball-point pen and provide your signature on back of form. All attached sheets must:
a. Be identified at the top of each page with your license name and license number.
b. Refer to the question(s) being answered.

3.

ATF Form 5300.38 must be executed (signed) by an existing responsible person (RP) on the license.

4.

If you have questions relating to this application or to obtain an e-mail address for your state or district's examiner to submit your request
electronically, please contact the ATF Federal Firearms Licensing Center toll free at 1-866-662-2750.

1.
2.
3.
4.

Definitions
Chief Law Enforcement Officer - The Chief of Police, the Sheriff, or an equivalent designee of such individual.
Business Premises - Premises from which the FFL conducts business or from which he intends to conduct such business.
Change in Business Structure - A change from one business type to another (Partnership to Corporation, Individually Owned to LLC, etc.)
Responsible Person - In addition to a Sole Proprietor, a Responsible Person is, 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, policies, and practices of the corporation, partnership, or association, insofar as they pertain to firearms.

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. System of records notice (SORN) Justice/ATF-008 Regulatory
Enforcement Record System FR Vol. 68 No. 16 3558 dated January 24, 2003.

2.

Purpose. To determine the eligibility of the applicant to obtain a firearms license, to determine the identity of responsible person(s) in the
business or activity, to determine the ownership of the business or activity, and to determine the type of firearms or ammunition to be dealt in, the
business hours, and the business history, if applicable.

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 application 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 Department of Justice 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. See Section 7(b) of the Privacy Act.

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 30 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,
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 Form 5300.38
Revised ( )