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Can an SOT be from a residence?

Discussion in 'Legal' started by mopar92, Oct 9, 2012.

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  1. mopar92

    mopar92 Member

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    Can a person/company with an SOT be based from a residential home/garage? I sat next to a guy on an airplane who told me it could be. I thought it had to be from a place of business.
     
  2. dogtown tom

    dogtown tom Member

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    The only persons or companies with an SOT are those who also hold an 01 or 07 Federal Firearms License........meaning they are engaged in the business of dealing in or manufacturing firearms.

    It is an ATF requirement that the licensee be able to operate legally at the licensed premises. It is entirely possible that an FFL has his home as his licensed premises.......the majority of FFL's are issued to home based businesses. (mine is;))
     
  3. mopar92

    mopar92 Member

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    Wow. I've always been told that in recent years, no FFL's can be from the home!
     
  4. AlexanderA

    AlexanderA Member

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    An FFL (other than an 03 Collector's License) will not be issued unless the proposed business can pass muster under local zoning and business licensing ordinances. Most urban jurisdictions restrict the kinds of "home occupations" that are allowed in residential areas. One common requirement is that no inventory can be stored on the premises. Another is that no sales to customers can take place there.

    This is the biggest hurdle to getting a home-based FFL. It's much easier if you live in a rural area, or at least outside town limits.

    Keep in mind that an FFL (other than a Collector's License) is for a bona fide business. You won't be given a license if you only intend to use it for a hobby.

    Once you have the FFL, qualification as Special Occupational Taxpayer is fairly routine, as long as you pay the money for the tax.
     
  5. medalguy

    medalguy Member

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    Some cities, Houston is an example, have NO zoning at all, nada, zip. You can put a pig farm next door to a million dollar home, and things like that do happen once in a while. So if there's no zoning to comply with, the feds have no grounds to deny a license.

    If, on the other hand, you happen to live in a city with some kind of zoning ordinances, you must be in compliance with the zoning, and obtain all necessary state and local permits to conduct your business. That or move into an unincorporated part of the county where no zoning exists. Once you get your FFL issued, it's simply the payment of an additional tax to obtain the SOT.
     
  6. bikemutt
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    bikemutt Member

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    The FFL/SOT I used is home based.
     
  7. dogtown tom

    dogtown tom Member

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    It's not just zoning, but you must also be compliant with HOA covenants or deed restrictions.......and H town has plenty of those.:D
     
  8. VPLthrneck

    VPLthrneck Member

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    Do FFL's have to have posted busines hours or can they list "by appointment" for their operating hours? Does this change with a SOT?
     
  9. Owen Sparks

    Owen Sparks member

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    One local gun shop in my county is nothing more than a portable storage building in a guys front yard. This is in a rural area with no zoning restrictions at all.
     
  10. mopar92

    mopar92 Member

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    Ah. Ok. Very interesting. Guess I was wrong.
     
  11. dogtown tom

    dogtown tom Member

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    When you apply for an FFL you are required to list on your application your "business hours"....ie the hours you will devote time and attention to your business (btw, these are the hours that ATF can perform your annual compliance inspection). Typically, ATF IOI's will ask that you list actual times on the application and not "by appointment".

    There is no ATF requirement that your business hours be posted or that you have "public hours". You are free to have "appointment only" if thats how you want to run your business.

    An SOT (Special Occupational Tax) has nothing to do with the business hours.....it only allows the dealer to conduct tax exempt transfers of NFA firearms by paying a yearly tax rather than per item.
     
  12. VPLthrneck

    VPLthrneck Member

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    Thanks dogtown! That's good info about the hours question.
     
  13. mopar92

    mopar92 Member

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    So how do you request " appt only" when they want you to put actual hours?
     
  14. dogtown tom

    dogtown tom Member

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    I'll repeat....

    When you apply for an FFL you are required to list on your application your "business hours"....ie the hours you will devote time and attention to your business (btw, these are the hours that ATF can perform your annual compliance inspection). Typically, ATF IOI's will ask that you list actual times on the application and not "by appointment".

    There is no ATF requirement that your business hours be posted or that you have "public hours". You are free to have "appointment only" if thats how you want to run your business.

    Typically those applicants who write "by appointment only" on Question 13 "Hours of Operation of Applicant's Business" are asked by their IOI to put down actual business hours on at least a couple of days............putting by appointment only doesn't answer the question. Note that some IOI's have been known to allow "by appointment only"........it's your guess as to when they will show up for your compliance inspection.
     
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