Upon the filing of a proper application and payment of the prescribed fee, the Attorney General shall issue to a qualified applicant the appropriate license which, subject to the provisions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license. Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee’s personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee’s business inventory, except that any licensed manufacturer, importer, or dealer who has maintained a firearm as part of a personal collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume, containing the name and place of residence and date of birth of the transferee if the transferee is an individual, or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business entity: Provided, That no other recordkeeping shall be required.
Any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any notice of a revocation of a license shall be given to the holder of such license before the effective date of the revocation.
If the Attorney General denies an application for, or revokes, a license, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Attorney General shall upon the request of the holder of the license stay the effective date of the revocation. A hearing held under this paragraph shall be held at a location convenient to the aggrieved party.
If after a hearing held under paragraph (2) the Attorney General decides not to reverse his decision to deny an application or revoke a license, the Attorney General shall give notice of his decision to the aggrieved party. The aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the United States district court for the district in which he resides or has his principal place of business for a de novo judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Attorney General was not authorized to deny the application or to revoke the license, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.
If criminal proceedings are instituted against a licensee alleging any violation of this chapter or of rules or regulations prescribed under this chapter, and the licensee is acquitted of such charges, or such proceedings are terminated, other than upon motion of the Government before trial upon such charges, the Attorney General shall be absolutely barred from denying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges. No proceedings for the revocation of a license shall be instituted by the Attorney General more than one year after the filing of the indictment or information.
A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Attorney General, conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms in the community, and such location is in the State which is specified on the license. Records of receipt and disposition of firearms transactions conducted at such temporary location shall include the location of the sale or other disposition and shall be entered in the permanent records of the licensee and retained on the location specified on the license. Nothing in this subsection shall authorize any licensee to conduct business in or from any motorized or towed vehicle. Notwithstanding the provisions of subsection (a) of this section, a separate fee shall not be required of a licensee with respect to business conducted under this subsection. Any inspection or examination of inventory or records under this chapter by the Attorney General at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. Nothing in this subsection shall be construed to authorize the Attorney General to inspect or examine the inventory or records of a licensed importer, licensed manufacturer, or licensed dealer at any location other than the location specified on the license. Nothing in this subsection shall be construed to diminish in any manner any right to display, sell, or otherwise dispose of firearms or ammunition, which is in effect before the date of the enactment of the Firearms Owners’ Protection Act, including the right of a licensee to conduct “curios or relics” firearms transfers and business away from their business premises with another licensee without regard as to whether the location of where the business is conducted is located in the State specified on the license of either licensee.
[Pub. L. 90–351, title IV, § 902], June 19, 1968, [82 Stat. 231]; amended [Pub. L. 90–618, title I, § 102], Oct. 22, 1968, [82 Stat. 1221]; [Pub. L. 92–377, title I, § 165(b)], Dec. 21, 1982, [96 Stat. 1923]; [Pub. L. 99–308, § 103], May 19, 1986, [100 Stat. 453]; [Pub. L. 99–360, § 1(c)], July 8, 1986, [100 Stat. 766]; [Pub. L. 99–408], §§ 3–7, Aug. 28, 1986, [100 Stat. 921]; [Pub. L. 100–690, title VII, § 7060(d)], Nov. 18, 1988, [102 Stat. 4404]; [Pub. L. 101–647, title XXII, § 2203(a)], title XXXV, § 3525, Nov. 29, 1990, [104 Stat. 4857], 4924; [Pub. L. 101–650, title III, § 321], Dec. 1, 1990, [104 Stat. 5117]; [Pub. L. 103–159, title II, § 201], title III, § 303, Nov. 30, 1993, [107 Stat. 1544], 1545; [Pub. L. 103–322, title XI], §§ 110102(d), 110103(d), 110105(2), 110301(a), 110302–110307, title XXXIII, § 330011(i), Sept. 13, 1994, [108 Stat. 1998–2000], 2012–2014, 2145; [Pub. L. 104–208, div. A, title I, § 101(f) [title I, § 118]], Sept. 30, 1996, [110 Stat. 3009–314], 3009–326; [Pub. L. 104–294, title VI, § 603(j)(1)], (k), (l), Oct. 11, 1996, [110 Stat. 3504], 3505; [Pub. L. 105–277, div. A, § 101(b) [title I, § 119(b), (c)]], Oct. 21, 1998, [112 Stat. 2681–50], 2681–69; [Pub. L. 107–296, title XI, § 1112(f)(5)], (6), Nov. 25, 2002, [116 Stat. 2276].)