|
<br />
<br />activity under a previously issued license,
<br />action regarding the application will be held in
<br />abeyance pending the completion of the
<br />proceedings against the applicant's existing
<br />license application, final determination of the
<br />applicant's criminal case, or final action by
<br />the Director on an application for relief sub-
<br />mitted pursuant to i 178.144, as the case
<br />may be.
<br />(d) When the regional director (compli-
<br />ance) fails to act on the application for license
<br />within the 45-day period prescribed by para-
<br />graph (c) of this section, the applicant may file
<br />an action under section 1361 of the title 28,
<br />United States Code, to compel the regional
<br />director (compliance) to act. [i923(d)(2)]
<br />S 178.48 Correction of error on lIeemae.
<br />(a) Upon receipt of a license issued under
<br />the provisions of this part, each licensee shall
<br />examine same to ensure that the information
<br />contained thereon is accurate. If the license
<br />is incorrect, the licensee shall return the
<br />license to the regional director (compliance)
<br />with a statement showing the nature of the
<br />error. The regional director (compliance) shall
<br />correct the error, if the error was made in his
<br />office, and return the license. However, if the
<br />error resulted from information contained in
<br />the licensee's application for the license, the
<br />regional director (compliance) shall require
<br />the licensee to file an amended application
<br />setting forth the correct information and a
<br />statement explaining the error contained in
<br />the application. Upon receipt of the amended
<br />application and a satisfactory explanation of
<br />the error, the regional director (compliance)
<br />shall make the correction on the license and
<br />return same to the licensee.
<br />(b) When the regional director (compli-
<br />ance) finds through any means other than
<br />notice from the licensee that an incorrect
<br />license has been issued, the regional director
<br />(compliance) may require the holder of the
<br />incorrect license to:
<br />(1) Return the license for correction, and
<br />(2) If the error resulted from information
<br />contained in the licensee's application for the
<br />license, the regional director (compliance)
<br />shall require the licensee to file an amended
<br />application setting forth the correct informa-
<br />tion, and a statement explaining the error
<br />contained in the application.
<br />The regional director (compliance) then
<br />shall make the correction on the license and
<br />return same to the licensee.
<br />S 178.49 Duration of IleeMe.
<br />The license entitles the person to whom
<br />issued to engage in the business or activity
<br />specified on the license, within the limitations
<br />of the Act and the regulations contained in
<br />this part, for a three year period, unless
<br />terminated sooner. [See, also, ATFR 73-9,
<br />Common expiration date for licenses.]
<br />[T.O. ATF-135, 48 FA 24068. May 31,1983 T.O. ATF.241, 51 FA
<br />39619. Oct 29, 1986)
<br />S 178.50 Locations covered by license.
<br />The license covers the class of business
<br />or the activity specified in the license at the
<br />address specified therein. A separate license
<br />must be obtained for each location at which a
<br />firearms or ammunition business or activity
<br />
<br />30
<br />
<br />requiring a license under this part is conduct-
<br />ed except
<br />(a) No license is required to cover a
<br />separate warehouse used by the licensee
<br />solely for storage of firearms or ammunition if
<br />the records required by this part are main-
<br />tained at the licensed premises served by
<br />such warehouse;
<br />(b) A licensed collector may acquire cu-
<br />rios and relics at any location, and dispose of
<br />curios or relics to any licensee or to other
<br />persons who are residents of the State where
<br />the collector's license is held and the disposi-
<br />tion is made; or
<br />(c) A licensee may conduct business at a
<br />gun show pursuant to the provision of i
<br />178.100.
<br />[T.O. ATF.191, 49 FA 46690, Nov 29, 1964)
<br />S 178.51 Ueense not transferable.
<br />Ucenses issued under this part are not
<br />transferable. In the event of the lease, sale,
<br />or other transfer of the operations authorized
<br />by the license, the successor must obtain the
<br />license required by this part prior to com-
<br />mencing such operations. However, for rules
<br />on right of succession, see i 178.56.
<br />S 178.52 Change of address.
<br />A licensee may during the term of his
<br />current license remove his business or activi-
<br />ty to a new location at which he intends
<br />regularly to carry on such business or activity,
<br />without procuring a new license. However, in
<br />every case, whether or not the removal is
<br />from one region to another, notification of the
<br />new location of the business or activity must
<br />be given not less than 10 days prior to such
<br />removal to the regional director (compliance)
<br />for the region from which or within which the
<br />removal is to be made, and the regional
<br />director (compliance) for the region to which
<br />the removal is to be made. In each instance,
<br />the license must be submitted for endorse-
<br />ment to the regional director (compliance)
<br />having jurisdication over the region to which
<br />or within which removal is to be made. After
<br />endorsement of the license to show the new
<br />address and the new license number, if any,
<br />the regional director (compliance) will return
<br />same to the licensee.
<br />[T.O. ATF.135, 48 FA 24068, May 31, 1963)
<br />S 178.53 Change In trade name.
<br />A licensee continuing to conduct busi-
<br />ness at the location shown on his license is
<br />not required to obtain a new license by
<br />reason of a mere change in trade name under
<br />which he conducts his business:
<br />Provided, That such licensee furnishes
<br />his license for endorsement of such change
<br />to the regional director (compliance) for the
<br />region in which the licensee conducts his
<br />business within 30 days from the date the
<br />licensee begins his business under the new
<br />trade name.
<br />[T.O. ATF-48, 44 FA 55642, Sept. 28, 1979)
<br />S 178.54 Change of control.
<br />In the case of a corporation or associa-
<br />tion holding a license under this part, if actual
<br />or legal control of the corporation or associa-
<br />tion changes, directly or indirectly, whether by
<br />reason of change in stock ownership or
<br />control (in the licensed corporation or in any
<br />
<br />other corporation), by operations of law, or in
<br />any other manner, the licensee shall, within
<br />30 days of such change, give written notifica-
<br />tion thereof, executed under the penalties of
<br />perjury, to the regional director (compliance).
<br />Upon expiration of the license, the corpora-
<br />tion or association must file a Form 7 (Fire-
<br />arms) as required by i 178.44.
<br />S 178.55 Continuing partnerships.
<br />Where, under laws of the particular State,
<br />the partnership is not terminated on death or
<br />insolvency of a partner, but continues until
<br />the winding up of the partnership affairs is
<br />completed, and the surviving partner has the
<br />exclusive right to the control and possession
<br />of the partnership assets for the purpose of
<br />liquidation and settlement, such surviving
<br />partner may continue to operate the business
<br />under the license of the partnership. If such
<br />surviving partner acquires the business on
<br />completion of the settlement of the partner-
<br />ship, he shall obtain a license in his own
<br />name from the date of acquisition, as provid-
<br />ed in i 178.44. The rule set forth in this
<br />section shall also apply where there is more
<br />than one surviving partner.
<br />S 178.56 Right of succession by certain
<br />persons.
<br />(a) Certain persons other than the licens-
<br />ee may secure the right to carry on the same
<br />firearms or ammunition business at the same
<br />address shown on, and for the remainder of
<br />the term of, a current license. Such persons
<br />are:
<br />(1) The surviving spouse or child, or exec-
<br />utor, administrator, or other legal representa-
<br />tive of a deceased licensee; and
<br />(2) A receiver or trustee in bankruptcy, or
<br />an assignee for benefit of creditors.
<br />(b) In order to secure the right provided
<br />by this section, the person or persons con-
<br />tinuing the business shall furnish the license
<br />for that business for endorsement of such
<br />succession to the regional director (compli-
<br />ance) for the region in which the business is
<br />conducted within 30 days from the date on
<br />which the successor begins to carry on the
<br />business.
<br />[T.O. ATF-48, 44 FA 55642, Sept. 28, 1979)
<br />S 178.57 Discontinuance of business.
<br />Where a firearm or ammunition business
<br />is either discontinued or succeeded by a new
<br />owner, the owner of the business discontin-
<br />ued or succeeded shall within 30 days thereof
<br />furnish to the regional director (compliance)
<br />for the region in which his business was
<br />located, notification of the discontinuance or
<br />succession. (See. also, i 178.127.) [t
<br />923(g)(4)]
<br />[T.O. ATF-48,44 FA 55642. Sept. 28, 1979)
<br />
<br />EDITOR'S NOTE:
<br />
<br />When there is no successor operator
<br />of the business, the out-of-business re-
<br />cords should be shipped to the A TF Fire-
<br />arms Out-of-Business Records Center,
<br />3361F 75th Avenue, Landover, MD 20785.
<br />S 178.58 State or other law.
<br />A license issued under this part confers
<br />no right or privilege to conduct business or
<br />activity contrary to State or other law. The
<br />
|