ATF Form 5300.38 Application for an Amended Federal Firearms License

What Is ATF Form 5300.38?

ATF Form 5300.38, Application for an Amended Federal Firearms License - also known as the ATF E-Form 5300.38 - is a form for Federal Firearms Licensees who move the licensed premises to a different location during the term of an existing Federal Firearms License (FFL). The form serves to certify that they will conduct their firearms business or activity at a new location in compliance with state and local law.

The form is issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and was last revised in August 2016. An updated ATF Form 5300.38 fillable version is available for download below.

This form is related to the ATF Form 7/7CR, an ATF FFL application form that is submitted by applicants intending to engage in the firearms business to the ATF, in order to request that an FFL is issued in their name.

Instructions for ATF Form 5300.38

Notice of the new location of the business or activity must be filed with ATF within 30 days prior to establishing the business or activity at the new premises. It is recommended that the application be submitted immediately after the location of the new premises is known, to allow for ample processing time.

Licensees shall type or print with a ball-point pen to complete the application and sign it on the back. If any sheets are attached to it, they should be identified at the top of each page with the licensee's name and license number, and the item number must be referenced.

The ATF Form 5300.38 must be signed by an existing responsible person (RP) on the license. Any questions relating to this application should be directed to the ATF Federal Firearms Licensing Center toll-free at 1-866-662-2750. An RP is either the Sole Proprietor or any individual possessing the power to direct the management, policies, and practices of the Corporation, Partnership, or Association, to the extent that they pertain to firearms.

Licensees shall also state if there will be a change in business structure, which means a change from one business type to another.

The purpose of the information that is requested from licensees, which is mandatory by statute in 18 United States Code (U.S.C.), § 923, is to certify that the operations are in conformity with Federal, State, and local law. The information provided by licensees is subject to inspection by ATF officers.

The Application for an Amended Federal Firearms License (or a completed copy of such application) must be sent to the Chief Law Enforcement Officer (CLEO) of the locality where the new premises are located, as established in 18 U.S.C. § 923 (d)(1)(F)(iii). The form shall be addressed to the following address: Chief, Federal Firearms Licensing Center 244 Needy Road Martinsburg, WV 25405.

Fax Number Toll-Free 1-866-257-2749 or (304) 616-4601. The CLEO might be the Chief of Police, the Sheriff, or an equivalent officer.

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U.S. Department of Justice
OMB No. 1140-0040 (12/31/2019)
Application for an Amended Federal
Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms License
All entries must be in ink. Please read attached instructions carefully before completing this form.
Section 1: General Information
1. Current Federal Firearms License (FFL) Number
2. Expiration Date of FFL
3. Employer Identification Number (EIN) or Social Security
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)
City
State
County
Zip Code
8. Premises Telephone Number (with area code)
9. Home Telephone Number (with area 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? 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. (See Instructions #3) (Type 03 - Collectors of Curios & Relics may answer N/A)
Yes
No
N/A
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
14. New Mailing Address (number and street name)
City
State
County
Zip Code
15. New Premises Telephone Number (with area code)
16. New Home Telephone Number (with area
17. New Fax Number
code)
18. E-mail Address
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
Wednesday
Thursday
Friday
Saturday
Monday
Tuesday
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)
21. Is the new business premises open to
22. Will any other business, other than that for which the license
23. Licensee's new premises is
the general public during these hours?
was issued, be conducted on the new premises?
Yes
No
Yes
No
Owned
Leased
Rented
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 E-Form 5300.38
Revised August 2016
U.S. Department of Justice
OMB No. 1140-0040 (12/31/2019)
Application for an Amended Federal
Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms License
All entries must be in ink. Please read attached instructions carefully before completing this form.
Section 1: General Information
1. Current Federal Firearms License (FFL) Number
2. Expiration Date of FFL
3. Employer Identification Number (EIN) or Social Security
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)
City
State
County
Zip Code
8. Premises Telephone Number (with area code)
9. Home Telephone Number (with area 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? 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. (See Instructions #3) (Type 03 - Collectors of Curios & Relics may answer N/A)
Yes
No
N/A
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
14. New Mailing Address (number and street name)
City
State
County
Zip Code
15. New Premises Telephone Number (with area code)
16. New Home Telephone Number (with area
17. New Fax Number
code)
18. E-mail Address
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
Wednesday
Thursday
Friday
Saturday
Monday
Tuesday
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)
21. Is the new business premises open to
22. Will any other business, other than that for which the license
23. Licensee's new premises is
the general public during these hours?
was issued, be conducted on the new premises?
Yes
No
Yes
No
Owned
Leased
Rented
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 E-Form 5300.38
Revised August 2016
26. Do any zoning ordinances prohibit the conduct of a firearms
27. Is a license, permit, or payment of occupational or business tax required
activity on the new premises?
under state or local law to engage in a firearms business from the
premises? If so, provide copies.
Yes
No
Yes
No
28. Indicate type of business premises at the new location.
Commercial
Residential
Storefront
Single/Family Dwelling
Office
Condominium
Rod & Gun Club
Apartment
Military Installation
Hotel/Motel
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 or activity to be conducted under the license is not prohibited by State or local law in the place where the license premises is located.
f. Within 30 days after the application is approved the business or activity will comply with the requirements of State and local law applicable to the conduct
of business or activity.
g. The business or activity will not be conducted under the license until the requirements of State and local law applicable to the business or activity 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.
Print Applicant Name
Applicant's Signature
Date
Address of the Responsible Person Signing this Form
Check if same as New Premises or Mailing Address
Street Address
City
State
Zip Code
Telephone Number (with area code)
E-mail Address
For ATF Use Only
Check Application Status
Reason for Denial
Approved
Denied
Signature of Licensing Official
Date
Withdrawn
Abandoned
ATF E-Form 5300.38
Revised August 2016
Instruction Sheet for ATF Form 5300.38
(Do not return this sheet when submitting your application)
Submit all application to:
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. Collectors of Curious & Relics (Type 03 FFL) license holders may NOT engage in the business of buying and selling curios and relics under this license.
4. ATF Form 5300.38 must be executed (signed) by an existing responsible person (RP) on the license.
5. 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.
Definition
1. Chief Law Enforcement Officer - The Chief of Police, the Sheriff, or an equivalent designee of such individual.
2. Business Premises - Premises from which the FFL conducts business or from which he intends to conduct such business.
3. Change in Business Structure - A change from one business type to another (Partnership to Corporation, Individually Owned to LLC, etc.)
4. 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 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.
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 director 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 E-Form 5300.38
Revised August 2016

Download ATF Form 5300.38 Application for an Amended Federal Firearms License

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