My applications were submitted on May 05, 2010 at which time the ATF had 60 days to complete the process which should have been by July 04, 2010.

On July 28, 2010 twenty four days behind schedule I received a voice mail from the NYC investigation division of the ATF in regards to my C&R & FFL 01 (wholesale dealer no retail sales) applications.

The investigator stated that there were two underlying issues and he suggested that I "withdraw" my applications until those two issues are resolved. Although the ATF actually gives you thirty days to correct any issues before denial of your application.

  1. He contacted my landlord and was told that I can not have any firearms on the premises by one of the females who runs the management office although she is not the owner of the property.

  2. He stated that I needed confirmation from the NYPD to establish an FFL 01 as the NYPD requires a storefront as well as an inspection.

When I called him back I explained that:

  1. I lived in a privately owned apartment building regulated by a city agency (DHCR) and I possessed a standard lease with no special firearm provisions.

  2. Secondly NYPD only inspects FFL 01 retail dealers as their Title 38 rules clearly explain that "wholesale" dealers do not fall under the provisions outlined by NYPD for "retail dealers."

At this time he also suggested that I drop the C&R and just focus on the FFL 01 as the FFL 01 would allow me to purchase the same firearms as the C&R. My response was that I was aware of that and although the ATF will allow me to transfer firearms out of my FFL 01 inventory to myself too many of these types of transactions cause a red flag so to avoid that I would utilize my C&R as well as my current NYPD Rifle & Shotgun permit (pistol license still pending approval) as a back up.

I then told him that I would contact my landlord and get back to him later. I contacted the owner of the property directly and in all of five minutes he explained that if I could present him with a letter or some other form of proof from the NYPD that I possessed the appropriate permit(s) / licence(s) to possess firearms that he had "no issue" with my possession of said firearms on the premises.

After that I contacted the ATF representative again and explained to him that issue #1 was a non issue and that Title 38 resolved issue #2. He then instructed me to now get a letter from the property owner stating that I had contacted him and that:

  1. He had no issue with my second amendment right to possess firearms on the premises.

  2. He had no issue with me having an FFL 01 business at my current place of residence.

So on July 29, 2010 I forwarded a letter to the property owner with my credentials but was informed that he wouldn't be back in the office until Tuesday August 03, 2010. So now I just have wait to see what develops. As you can see the bureaucracy that exists but I will jump through all of the hoops required just to prove that it's possible. Despite the trampling of my rights and disclosure of some personal information.

Link to NYC Title 38 Regulations [LINK]