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<br />firearms other than destructive devices, as
<br />the case may be, by such a licensee at the
<br />licensed premises. [i923(a),(c). See, also,
<br />ATFR 73-9, Common expiration date for
<br />Ilcens....]
<br />(c) Each person seeking the privileges of
<br />a collector licensed under this part shall file
<br />an application, with the required fee (see i
<br />178.42), with A TF in accordance with the
<br />instructions on the form (see i 178.44), and,
<br />pursuant to i 178.47, receive from the region-
<br />al director (compliance) the license covering
<br />the collection of curios or relics.
<br />A separate license may be obtained for
<br />each collection premises, and such license
<br />shall, subject to the provisions of the Act and
<br />other applicable provisions of law, entitle the
<br />licensee to transport, ship, receive, and ac-
<br />quire curios and relics in interstate or foreign
<br />commerce and to make disposition of curios
<br />and relics in interstate or foreign commerce,
<br />to any other person licensed under the provi-
<br />sions of this part, for the period stated on the
<br />license. [i923(b)]
<br />(d) The collector license provided by this
<br />part shall apply only to transactions related to
<br />a collector's activity in acquiring, holding or
<br />disposing of curios or relics.
<br />A collector's license does not authorize
<br />the collector to engage in a business required
<br />to be licensed under the Act or this part.
<br />Therefore, if the acquisitions and dispositions
<br />of curios and relics by a collector bring the
<br />collector within the definition of a manufactur-
<br />er, importer, or dealer under this part, he shall
<br />qualify as such. (See also i 178.93 of this
<br />part.)
<br />t 178.42 Ucense fees.
<br />Each applicant shall pay a fee at a yearly
<br />rate for obtaining a firearms license or ammu-
<br />nition license, a separate fee being required
<br />for each business or collecting activity at
<br />each place of such business or activity, as
<br />follows:
<br />(a) For a manufacturer:
<br />(1) Of destructive devices, ammunition
<br />for destructive devices or armor piercing am-
<br />munition . $1,000 per year.
<br />(2) Of firearms other than destructive de-
<br />vices - $50 per year.
<br />(3) Of ammunition for firearms other than
<br />ammunition for destructive devices or armor
<br />piercing ammunition. $10 per year.
<br />(b) For an Importer:
<br />(1) Of destructive devices, ammunition
<br />for destructive devices or armor piercing am-
<br />munition . $1,000 per year.
<br />(2) Of firearms other than destructive de-
<br />vices or ammunition for firearms other than
<br />destructive devices or ammunition other than
<br />armor piercing ammunition - $50 per year.
<br />(c) For a dealer:
<br />(1) In destructive devices - $1,000 per
<br />year.
<br />(2) Who is a pawnbroker dealing in fire-
<br />arms other than destructive devices - $25 per
<br />year.
<br />(3) Who is not a dealer in destructive
<br />devices or pawnbroker - $10 per year.
<br />
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<br />(d) For a collector of curios and relics:
<br />- $10 per year. [i923(a)-(c). See, also,ATFR
<br />73-9, Common expiration date for IIcens-
<br />eea.]
<br />[T.D ATF.135, 48 FR 24067, May 31,1983; T.D. ATF.247, 52 FR
<br />2049, Jan. 16, 1987)
<br />
<br />t 178.43 license fee not refundable.
<br />
<br />No refund of any part of the amount paid
<br />as a license fee shall be made where the
<br />operations of the license are, for any reason,
<br />discontinued during the period of an issued
<br />license. However, the license fee submitted
<br />with an application for a license shall be
<br />refunded if that application is denied or with-
<br />drawn by the applicant prior to being acted
<br />upon.
<br />t 178.44 Original license.
<br />
<br />(a) Any person who intends to engage in
<br />business as a firearms or ammunition import-
<br />er or manufacturer, or firearms dealer, or who
<br />has not previously been licensed under the
<br />provisions of this part to so engage in busi-
<br />ness, or who has not timely submitted an
<br />application for renewal of the previous license
<br />issued under this part, shall file an application
<br />for license, A TF Form 7 (Firearms), with A TF
<br />in accordance with the instructions on the
<br />form. The application must be executed un-
<br />der the penalties of perjury and the penalties
<br />imposed by 18 U.S.C. 924. The application
<br />shall be accompanied by the appropriate fee
<br />in the form of money order or check made
<br />payable to the Bureau of Alcohol, Tobacco
<br />and Firearms. A TF Forms 7 (Firearms) may
<br />be obtained from any A TF office.
<br />
<br />(b) Any person who desires to obtain a
<br />license as a collector under the Act and this
<br />part, or who has not timely submitted an
<br />application for renewal of the previous license
<br />issued under this part, shall file an applica-
<br />tion, A TF Form 7 (Firearms) with A TF in
<br />accordance with the instructions on the
<br />form.The application must be executed under
<br />the penalties or perjury and the penalties
<br />imposed by 18 U,S.C. 924. The application
<br />shall be accompanied by the appropriate fee
<br />in the form of a money order or check made
<br />payable to the Bureau of Alcohol, Tobacco
<br />and Firearms. A TF Form 7 (Firearms) may be
<br />obtained from any ATF office, [18 U.S.C. 926
<br />(82 Stat.1226)]
<br />[T.D. ATF.200, 48 FA 24067, May 31,1983; T.D. ATF-241, 51 FA
<br />39818, Oct 29, 1988)
<br />
<br />t 178.45 Renewal of license.
<br />
<br />If a licensee intends to continue the busi-
<br />ness or activity described on a license issued
<br />under this part during any portion of the
<br />ensuing year, the licensee shall, unless other-
<br />wise notified in writing by the regional director
<br />(compliance), execute and file prior to the
<br />expiration of the license an application for a
<br />license renewal, A TF Form 8 Part II, accom-
<br />panied by the required fee, with A TF in
<br />accordance with the instructions on the form.
<br />The regional director (compliance) may, in
<br />writing, require the applicant for license re-
<br />newal to also file completed A TF Form 7 in
<br />the manner required by i 178.44.
<br />
<br />In the event the licensee does not timely
<br />file an A TF Form 8 Part II, the licensee must
<br />file an A TF Form 7 as required by i 178.44,
<br />and obtain the required license before con-
<br />
<br />tinuing business or collecting activity. If an
<br />ATF Form 8, Part II is not timely received
<br />through the mails, the licensee should so
<br />notify the regional director (compliance).
<br />[18 U.s.c. 928 (82 Stall226))
<br />[T.D. ATF-200, 48 FR 24067, May 31,1983; T.D. ATF.241, 51 FR
<br />39619, Oct. 29, 1988)
<br />t 178.46 Insufficient fee.
<br />If an applicant is filed with an insufficient
<br />fee, the application and any fee submitted will
<br />be returned to the applicant.
<br />(18 U.S.c. 847 (84 Sial 959); 18 U.s.C. 926 (82 Stal1226))
<br />[T.D. ATF-200, 50 FA 10498, Mar. 15, 1985)
<br />t 178.47 Issuance of license
<br />(a) Upon receipt of a properly executed
<br />application for a license on A TF Form 7, or
<br />A TF Form 8 Part II, the regional director
<br />(compliance) shall, upon finding through fur-
<br />ther inquiry or investigation, or otherwise, that
<br />the applicant is qualified, issue the appropri-
<br />ate license. Each license shall bear a serial
<br />number and such number may be assigned to
<br />the licensee to whom issued for so long as
<br />the licensee maintains continuity of renewal
<br />in the same location (State).
<br />(b) The regional director (compliance)
<br />shall approve a properly executed application
<br />for license on A TF Form 7, or A TF Form 8
<br />Part II, if:
<br />(1) The applicant is 21 years of age or
<br />over;
<br />(2) The applicant (including, in the case
<br />of a corporation, partnership, or association,
<br />any individual possessing, directly or indirect-
<br />ly, the power to direct or cause the direction
<br />of the management and policies of the corpo-
<br />ration, partnership, or association) is not pro-
<br />hibited under the provisions of the Act from
<br />shipping or transporting in interstate or for-
<br />eign commerce, or possessing in or affecting
<br />commerce, any firearm or ammunition, or
<br />from receiving any firearm or ammunition
<br />which has been shipped or transported in
<br />interstate or foreign commerce;
<br />(3) The applicant has not willfully violated
<br />any of the provisions of the Act or this part;
<br />(4) The applicant has not willfully failed to
<br />disclose any material information required, or
<br />has not made any false statement as to any
<br />material fact, in connection with his applica-
<br />tion;
<br />(5) The applicant has in a State:
<br />(I) Premises from which he con-
<br />ducts business subject to license un-
<br />der the Act or from which he intends to
<br />conduct business within a reasonable
<br />period of time; or
<br />(Ii) In the case of a collector, prem-
<br />ises from which he conducts his col-
<br />lecting subject to license under the Act
<br />or from which he intends to conduct
<br />such collecting within a reasonable
<br />period of time. [i923(d)(1)]
<br />(c) The regional director (compliance)
<br />shall approve or deny an application for
<br />license within the 45-day period begining on
<br />the date the application was received:
<br />Provided, That when an applicant for
<br />license renewal is a person who is, pursuant
<br />to the provisions of i 178.78, i 178.143, or i
<br />178.144, conducting business or collecting
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