What is ATF’s “Right of Entry and Examination”
Getting an FFL entails many small details that if not addressed properly, can either delay or derail the process. If the applicant is not the owner of the property for example, it’s important the applicant ensure the owner is aware of ATF’s “Right of entry and examination”. Under the regulation, ATF has certain rights of access to the property under certain conditions for the purpose of examining required records and inventory.
Apart from examining your lease agreement and ensuring there are no prohibitions in the lease against the proposed firearms business, the ATF Investigator (IOI) who handles your qualification inspection will possibly contact the owner, or the management company to ensure they have been properly advised about ATF’s right of entry and examination.
Applicants should be prepared to provide the IOI with a written document that specifically indicates that the owner is aware of ATF’s examination rights. It is best to have this in writing and signed by the owner, or an authorized agent of the owner. This is not always requested by ATF, but it’s important that the applicant attempt to secure such a document from the owner or agent in case it is requested.
A person getting an FFL should secure any required documents as soon as possible during the process. If the applicant is certain there will not be a problem with acquiring needed documents, then it’s okay to send the application to ATF, but try and get the documents as soon as possible so there are no delays going forward.
Getting an FFL. Why does ATF require the owner of your licensed premises be advised of ATF’s “Right of entry and examination”?
Regulations authorize ATF to enter a licensed premises only under certain circumstances:
- “For ensuring compliance with the record keeping requirements of this part…not more than once during any 12-month period.”
There are other scenarios in which ATF Officers can access a licensed premises outside of the 12-month window, but in general, this is the portion of the regulation that persons getting an FFL should be concerned with. In general, ATF Officers can request entry to examine your records and inventory locations once within a twelve-month period. If the owner is opposed to allowing ATF access, there is likely cause for a denial of an application.
Getting this right is an important element of your qualification for a federal firearms license. The owner must understand that ATF will periodically enter the premises as authorized by law to perform a lawful inspection as allowed by regulation, and the owner must be prepared to verify that with ATF verbally, by documentation, or both.
Prior to submitting an application to ATF, prospective FFLs must advise the owner of the property of ATF’s right of entry and examination and ensure the owner isn’t opposed to it.
Storage locations are also subject to ATF’s entry rights, and owners need to know those locations must be open to ATF Officers for examination in accordance with the law.
Getting an FFL can become more complicated than it has to be if we don’t follow some simple guidelines. At the end of the day, it is the responsibility of the applicant to ensure this detail is carried out. Failure to address this at the start of the process has the potential to delay the process, costing you time, money and aggravation.