Download:
pdf |
pdfOMB No. 1140-0018
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
1.
2.
3.
4.
Part B - Responsible Person Questionnaire
(supplement for use by additional responsible persons)
Part B - Responsible Person Questionnaire
EACH RESPONSIBLE PERSON MUST COMPLETE AND SIGN A SEPARATE QUESTIONNAIRE/ATF Form 7/7CR Part B. In the future, if you need to
add an additional Responsible Person (RP) to your FFL, the RP being added may complete this Part B-Responsible Person Questionnaire. If adding a RP to an existing
license, be sure to include a signed written request from an existing RP on the license, giving permission to add the new Reponsible Person (see instruction #7).
Issuance of your license or addition as a Responsible Person will be delayed if Part B is incomplete or otherwise improperly prepared.
IMPORTANT! All new responsible persons must submit a properly prepared FD-258 (Fingerprint Card) with this questionnaire. The fingerprints must be clear for
accurate classification and taken by someone properly equipped to take them. The FD-258 should include “WVATF1100 ATF-FFLC, MARTINSBURG, WV” in the
ORI block to facilitate processing of fingerprints.
List any given, married, and maiden names in Item 4, e.g., “Mary Alice (Smith) Jones,” not “Mrs. John Jones.” (If additional space is needed, attach a separate sheet. See
instruction #1)
1. License or Applicant Name (From block 2 of Part A)
3. Name of Responsible Person (Last, First, Middle)
6. Social Security Number
2. Federal Firearms License Number (If being added to an existing FFL)
4. Aliases (Include given, married, maiden names)
5. Position/Title
7. Date of Birth (MM/DD/YYYY) 8. Place of Birth (City & State OR foreign country)
9. Current Residence Address
10. Telephone Number (Personal Contact # with Area Code)
ra
ft
11. E-mail Address
12. Previous Address(es) - Please provide every
address you have had in the last five years and
dates which you lived at the address(es) (If
additional space is needed attach a separate
sheet. See instruction #1)
13. Sex
14. Height
Male
15. Weight 16. Eye Color
Feet
Female
Inches
18. Ethnicity
Hispanic or Latino
Yes
(lbs)
No
19. Race (Please check one or more boxes)
American Indian or Alaska Native
Black or African American
D
Native Hawaiian or Other Pacific Islander
Asian
White
17. Hair Color
Black
Blue
Brown
Gray
Green
Hazel
Maroon
Multiple
Pink
Other
Bald
Black
Blond
Brown
Gray
Red
Sandy
White
Other
For the following questions give full details on a separate sheet for all “Yes” answers (see instruction #1)
Yes
No
20. Have you ever held a Federal Firearms License? (If so, please include FFL#)
21. Have you ever been a Responsible Person on a Federal Firearms License? (If so, please include FFL#)
22. Have you ever been an officer in a corporation holding a Federal Firearms License? (If so, please include FFL#)
23. Have you ever been an employee of a Federal Firearms Licensee?
24. Have you ever been denied a Federal Firearms License?
25. Have you ever had a Federal Firearms License revoked?
26. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could
imprison you for more than one year? (See definition #10)
27. Have you ever been convicted in any court for a felony, or any other crime, for which the judge could have imprisoned you for more
than one year, even if you received a shorter sentence including probation? (See definition #10)
28. Are you a fugitive from justice? (See definition #11)
29. Are you under 21 years of age?
30. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized
or decriminalized for medicinal or recreational purposes in the state where you reside.
31. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?
(See definitions #12 and #13)
ATF Copy - Page 1
ATF Form 7(5310.12A)/7CR(5310.16)
Revised ( )
Yes
No
Yes
No
32. Have you been discharged from the Armed Forces under dishonorable conditions?
33. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of
such partner? (See definition #5)
34. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See definition #7)
35. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.)
United States of America
Other Country/Countries (specify):
36. Have you ever renounced United States citizenship?
37. Are you an alien illegally or unlawfully in the United States?
38. a. Are you an alien who has been admitted to the United States under a nonimmigrant visa? (See definition #8)
b. If “yes”, do you fall within any of the exceptions stated in definition #9? Attach supporting documentation to the application.
N/A
39. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
Signature
ra
ft
40. Under the penalties imposed by 18 U.S.C. § 924 and 1001, I declare that I have examined any related documents submitted in regard to this
questionnaire/ATF Form 7/7CR Part B, and to the best of my knowledge and belief, they are true, correct and complete. This signature, when
presented by a duly authorized representative of the U.S. Department of Justice, will constitute consent and authority for the appropriate U.S.
Department of Justice representative to examine and obtain copies and abstracts of records and to receive statements and information regarding my
background. Specifically, I hereby authorize the release of the following data or records to ATF: Military information/records, medical information/
records, police and criminal records.
Printed Name
Date
EACH RESPONSIBLE PERSON MUST COMPLETE AND SIGN A SEPARATE QUESTIONNAIRE/ATF FORM 7/7CR PART B
Attach a 2” X 2”
Photograph Here
D
If you are applying for a Type 03
ONLY a photograph is not required
1. Photo must have been taken
within the last six months.
2. Photo must have been taken in full
face view without a hat or head
covering that obscures the hair or
hairline.
3. On back of photograph print full
name, last 4 of SSN, and business
address.
Print Full Name
ATF Copy - Page 2
ATF Form 7(5310.12A)/7CR(5310.16)
Revised ( )
Paperwork Reduction Act Notice
This request is in accordance with the Paperwork Reduction Act of 1995. The information collection is used to determine the eligibility of the applicant
to engage in certain operations, to determine the location and extent of operations, and to determine whether the operations will be in conformity with
Federal laws and regulations. The information requested is required in order to obtain or retain a benefit and is mandatory by statute (18 U.S.C. § 923).
The estimated average burden associated with this collection of information is 60 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, Resource Management Staff, 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.
Instructions/Definitions for ATF Form 7 (5310.12)/7CR (5310.16)
(Do not return this sheet when submitting your application)
Issuance of your license will be delayed if the fee is not included or incorrect, or if the application is incomplete or otherwise improperly prepared.
Instructions
Completion of Application - TYPE or PRINT with ball-point pen. Any attached sheets should:
a. be identified at the top of each page with your name and Employer Identification Number or Social Security Number.
b. refer to the item/question(s) being answered.
2.
Person Who Signs the Application - The certification in Part A, item #21 must be signed by a Responsible Person (see definition #3).
3.
Release of Information - This application package requires you to authorize the release of certain information to ATF such as medical information/
records (see Part A, item #21). This information is used to determine, for example, whether the applicant has ever been adjudicated as a mental
defective or committed to any mental institution. This information is protected by the Privacy Act of 1974.
4.
Chief Law Enforcement Officer (CLEO) - Applicants must submit a copy of the completed application to the Chief Law Enforcement Officer
(CLEO) of the locality in which the premises sought to be licensed is located (see definition #1). Part A, item #20d requires certification that a
completed copy of the application has been sent.
5.
Payment - You may pay the application fee by credit/debit card, check, or money order, payable to ATF (see instruction #14 on the following page
for the address to send payment and completed application package). Do not send cash. Postdated checks are not acceptable. Licenses are issued
for a period of three years. No refund of any part of a license fee shall be made where the operations of the license are, for any reason, discontinued
during the period.
6.
Fingerprint Cards & Photographs - The following items must accompany this application. Failure to submit these items will delay processing and
may result in denial of the application. NOTE: A fingerprint card and photograph are NOT required if applying for a Type 03 license only.
a. ATF Form 7/7CR Part B, Responsible Person Questionnaire, must be completed and submitted for ALL responsible persons (see definition #3).
b. A properly prepared fingerprint card (form FD-258) must be submitted for ALL responsible persons, unless they have peviously submitted
one as an RP for another FFL. The fingerprints must be clear for accurate classification and taken by someone properly equipped to take them.
To facilitate processing of fingerprints, the FD-258 should list “WVATF1100 ATF-FFLC, MARTINSBURG, WV” in the ORI block.
c. A 2 inch by 2 inch photograph of EACH responsible person. The photograph should be attached to the back of their ATF Form 7/7CRPart B,
Responsible Person Questionnaire. Please ensure that each photograph is clearly identified on the reverse with the full name of the responsible
person to whom the photograph applies.
7.
Adding Additional Responsible Persons - You can use Part B of this application to add a Responsible Person(s) to an existing FFL. You must
include a signed written request from a current/existing RP already on the license, giving permission to add the new Responsible Person. We cannot
process a form to add an additional RP to an existing license without the written consent from an existing RP on the license giving authorization for
this action. If you are only submitting Part B for this purpose, send Part B, along with the Responsible Person’s fingerprint card and photograph, to
ATF-FFLC, 244 Needy Road, Martinsburg, WV 25405. Only send to this address if you are just adding a Responsible Person(s) to an existing
license. Sending an application to obtain a new FFL to this address will result in delays in the processing of your application.
8.
License Types A Type 03 license issued under 18 U.S.C. Chapter 44:
a. Is NOT a license to carry, use, or possess a firearm.
b. Confers NO right or privilege to conduct an activity contrary to State or other law.
c. Will entitle you to acquire firearms, classified as curios or relics, in interstate or foreign commerce. You may dispose of curios and relics to
any person, not otherwise prohibited by the Gun Control Act of 1968, residing within your State, and to any other Federal firearms licensee in
any State. It must be emphasized that the collector’s license being applied for pertains exclusively to firearms classified as curios and relics,
and its purpose is to facilitate a personal collection. You may NOT engage in the business of buying and selling any type of firearm with a
type 03 license. Applicants intending to engage in the firearms business should apply for a license other than a Type 03, Collector of Curios and
Relics, license.
ATF Form 7(5310.12A)/7CR(5310.16)
D
ra
ft
1.
Revised (
)
D
ra
ft
ATF Form 7(5310.12A)/7CR(5310.16)
Revised ( )
Restraining Order - Under 18 U.S.C. § 922(g)(8), firearms may not be possessed or received by persons subject to a court order that: (A) was
issued after a hearing of which the person received actual notice and had an opportunity to participate in; (B) restrains such person from harassing,
stalking, or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the
physical safety of such intimate partner or child, or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force
against such intimate partner or child that would reasonably be expected to cause bodily injury.
6.
Intimate Partner - With respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of
the person, or an individual who cohabitates or has cohabitated with the person.
7.
Misdemeanor Crime of Domestic Violence - A Federal, State, local, or tribal offense that is a misdemeanor under Federal, State, or tribal law and
has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with, or has cohabitated with
the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. The term includes all
misdemeanors that have as an element the use or attempted use of physical force or the threatened use of a deadly weapon (e.g., assault and battery),
if the offense is committed by one of the defined parties. (See Exception in the definition of “Prohibited Person”). A person who has been
convicted of a misdemeanor crime of domestic violence also is not prohibited unless; (1) the person was represented by a lawyer or gave up the right
to a lawyer; or (2) if the person was entitled to a jury, was tried by a jury, or gave up the right to a jury trial. Persons subject to this exception should
mark “no” in the applicable box.
8.
An Alien Admitted to the United States Under a Nonimmigrant Visa - Includes, among others, persons visiting the United States temporarily for business or
pleasure, persons studying in the United States who maintain a residence abroad, and certain temporary foreign workers. The definition does NOT include
permanent resident aliens nor does it apply to nonimmigrant aliens admitted to the United States pursuant to either the Visa Waiver Program or to regulations
otherwise exempting them from visa requirements.
9.
Exceptions to Prohibition on Aliens Admitted Under a Nonimmigrant Visa - An alien admitted to the United States under a nonimmigrant visa
is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued
by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and
unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) has received a waiver from the prohibition from the
Attorney General of the United States; (4) is an official representative of a foreign government who is accredited to the United States Government
or the Government’s mission to an international organization having its headquarters in the United States; (5) is en route to or from another
country to which that alien is accredited; (6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by
the Department of State; or (7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law
enforcement business.
ra
ft
5.
D
10. Prohibited Person - Generally, 18. U.S.C. § 922 (g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce
of a firearm by one who: has been convicted of a misdemeanor crime of domestic violence; has been convicted of a felony, or any other crime,
punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or
less); is a fugitive from justice, is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled
substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the Armed Forces
under dishonorable conditions, has renounced his or her U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United
States under a nonimmigrant visa; or is subject to certain restraining orders. Furthermore, Section 922 (n) prohibits the shipment, transportation,
or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any Federal, State or local
court, or any other crime, punishable by imprisonment for a term exceeding one year. An information is a formal accusation of a crime verified by a
prosecutor.
EXCEPTION: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more
than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing
a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or
set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the
person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this
exception should mark “no” in the applicable box.
11. Fugitive From Justice - Any person who has fled from any State to avoid prosecution for a felony or a misdemeanor, or any person who leaves the
State to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are
pending against such person and who leaves the State of prosecution.
12. Adjudicated as a Mental Defective - A determination by a court, board, commission, or other lawful authority that a person, as a result of
marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others; or (2) lacks the
mental capacity to contract or manage his own affairs. This term shall include: (1) a finding of insanity by a court in a criminal case; and (2)
those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.
ATF Form 7(5310.12A)/7CR(5310.16)
Revised ( )
13. Committed to a Mental Institution - A formal commitment of a person to a mental institution by a court, board, commission, or other lawful
authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental
illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for
observation or a voluntary admission to a mental institution.
EXCEPTION: Under the NICS Improvement Amendments Act of 2007, a person who has been adjudicated as a mental defective or committed
to a mental institution in a State proceeding is not prohibited by the adjudication or commitment if the person has been granted relief by the
adjudicating/committing State pursuant to a qualifying mental health relief from disabilities program. Also, a person who has been adjudicated as a
mental defective or committed to a mental institution by a department or agency of the Federal Government is not prohibited by the adjudication or
commitment if either: (a) the person’s adjudication or commitment was set-aside or expunged by the adjudicating/committing agency; (b) the
person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; (c) the person was found
by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication/commitment; (d) the
adjudication or commitment, respectively, is based solely on a medical finding of disability, without an opportunity for a hearing by a court, board,
commission, or other lawful authority, and the person has not been adjudicated as a mental defective consistent with section 922(g)(4) of title 18,
United States Code; or (e) the person was granted relief from the adjudicating/committing agency pursuant to a qualified mental health relief from
disabilities program. Persons who fall within one of the above exceptions should mark “no” in the applicable box. This exception to an adjudication
or commitment by a Federal department or agency does not apply to any person who was adjudicated to be not guilty by reason of insanity, or based
on a lack of mental responsibility, or found incompetent to stand trial, in any criminal case or under the Uniform Code of Military Justice.
14. Gun Control Act (GCA) - Title 18, United States Code, Chapter 44. The implementing regulations are found in Title 27, Code of Federal
Regulations, Part 478.
15. Firearm - The term “firearm” means: (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel
a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any
destructive device. Such term does not include an antique firearm.
ra
ft
16. Federal Firearms License (FFL) - A license issued under the provisions of the GCA to manufacture, import, or deal in firearms.
17. Employer Identification Number (EIN) - An EIN is also known as a Federal Tax Identification Number, and is used to identify a business entity.
Generally, businesses need an EIN. For more information on who needs an EIN and how to apply for one, go to www.IRS.gov or refer to 27 CFR §
179.35.
18. Special (Occupational) Tax (SOT) - Required by the National Firerms Act to be paid by a Federal firearms licensee engaged in the business of
importing, manufacturing, or dealing in NFA firearms. Questions regarding SOT should be directed to the ATF NFA Branch at (304) 616-4500.
Privacy Act Information
The following information is provided pursuant to Section 3 of the Privacy Act of 1974 (5 U.S.C. § 552 a(e)(3)):
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 Record Notice (SORN) Justice/ATF-008
Regulatory Enforcement Record System FR Vol. 68 No. 163558 dated January 24, 2003.
2.
Purpose: To determine the identity and eligibility of the applicant to obtain a Federal Firearms License, the identity and eligibility of all responsible
persons, the ownership of the business, the type of firearms or ammunition to be dealt in, the business hours, and the business history.
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 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.
D
1.
ATF Form 7(5310.12A)/7CR(5310.16)
Revised ( )
File Type | application/pdf |
File Modified | 0000-00-00 |
File Created | 0000-00-00 |