Alcohol, Tobacco, Firearms and Explosives Permits and Licenses
Ray & Bishop, PLC, Federal License Defense Attorneys
The United States Bureau of Alcohol, Tobacco, Firearms and Explosives, known as BATFE or the ATF, issues several types of licenses. The most common type of ATF license is a Federal Firearms License, known as an FFL. The ATF also issues a Federal Explosives License, or FEL, for qualified applicants. There are numerous types of Federal Firearms Licenses. These categories of FFLs include:
Type 1: Dealer in Firearms Other Than Destructive Devices
Type 2: Pawnbroker in Firearms Other Than Destructive Devices
Type 3: Collector of Curios and Relics
Type 6: Manufacturer of Ammunition for Firearms Other Than Ammunition for Destructive Devices or Armor Piercing Ammunition
Type 7: Manufacturer of Firearms Other than Destructive Devices
Type 8: Importer of Firearms Other than Destructive Devices or Ammunition for Firearms Other than Destructive Devices, or Ammunition Other than Armor Piercing Ammunition
Type 9: Dealer in Destructive Devices
Type 10: Manufacturer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition
Type 11: Importer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition
The ATF conducts extensive background checks on applicants for FFL and FEL licenses. Applicants denied an ATF FFL or FEL can Appeal by requesting a Hearing before a Hearing Officer. Licensees are required to comply with extensive laws, rules and regulations. Failure to comply with these laws, rules and regulations can result in the revocation of a Federal Firearms License or Federal Explosives License. The ATF maintains a dual law enforcement and Administrative regulatory mission. Many of these laws, rules and regulations also carry criminal penalties.
In the event of an ATF Administrative Law Revocation action, a Hearing will be conducted. A Hearing Officer will preside over the Hearing. The Hearing is a formal evidentiary Hearing where witnesses will testify and the Hearing Officer will take evidence. The Hearing Officer will make a written decision. The ATF itself issues the final decision of whether or not to revoke the FFL or FEL license. The ATF does not generally enter into settlement agreements or consent orders for FFL and FEL violations.
When facing an Administrative Law matter with the Bureau of Alcohol Tobacco and Firearms, it is crucial to receive representation from a Federal License Defense Attorney familiar with the Federal Administrative Law process. While the Code of Federal Regulations governs much of the Federal Administrative Law process, each agency has the ability to issue its own rules and regulations and decide its own Administrative Law process. The ATF is no exception. Thus, it is important to be represented by counsel when facing an FFL Revocation Hearing with the ATF.
**Attorneys are only licensed to practice law in California. Attorneys’ offices are only located in California. However, pursuant to United States Code of Federal Regulations 8 C.F.R. § 1.2 and United States Code 5 U.S.C. § 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Legal advertisement.**