FFL's, Chatting w/ The ATF, etc...

[midtennchip]

There are a couple of issues here:

1. Zoning is the big issue. Just explaining it to the zoning people won't be enough in most cases. Either it is allowed or it's not. For example, Brentwood has a specific ordinance prohibiting any business dealing with gun powder or explosives in a residential zone. Other municipalities have similar ordinances, so you just have to check your local zoning laws.

2. While the agents you've been talking to might approve a home-based FFL, I am familiar with several people who have applied for home-based FFLs in the last 3 years and been denied solely on the basis of not having a store front. Zoning wasn't the problem with those. It was the PARTICULAR ATF agent involved. Sure, the agent shouldn't have denied it, but did. Those people chose not to fight it.

3. Once you sign a tax return showing that you have a for-profit business, particularly if you are writing off the purchases of guns, you have already admitted that you are buying those guns for resell. The number of guns sold is just an easy way to PROVE that you are in business (and need an FFL). But if they have other proof (like a tax return), they don't need to rely on the number sold.

If you want to investigate getting an FFL, do it. Just costs time and a little bit of money. However, if you decide to proceed without an FFL, ask yourself if saving the tax money is worth it. If all you are wanting to do is refinish stocks, there have been several other options suggested that might peak your interest.

This is NOT specific legal advice, just some potential issues I would look into if it were me.

[DaveTN]

Well the last time I looked into it (for Murfreesboro) there were issues such as traffic that would stop it, now gun dealer is just specifically listed as a no go. It says it can’t be approved administratively. I assume that means you could file for a variance; but good luck with that.

Business Licenses
State law requires all business inside city limits to obtain a business license from the city and the county. There are some exceptions to this law, such as a business that does not gross $3,000 annually in receipts.

Obtaining a License
You may obtain your business license at the finance department or by mail. The initial license is $15 and is payable to the city and county, thereafter payments are made to the State of Tennessee. If the applicant has a business in his or her home, completing an additional form is required to obtain approval from the city planning and zoning department.

From the ADMINISTRATIVE HOME OCCUPATION FORM:
http://tn-murfreesboro.civicplus.com/DocumentCenter/View/177

9. The following activities and land uses shall not be approved by the Planning Director administratively:
a) Automotive repair (body or mechanical)upholstery or painting
B_) Kennel
c) Barber or beauty shop
d) Taxi service
e) Gun dealer
f) Professional office
g) Artist studio
h) Charter bus service

Edited December 23, 2015 by DaveTN