§ 478.57 Discontinuance of business.

  1. a.(a) Where a firearm or ammunition business is either discontinued or succeeded by a new owner, the owner of the business discontinued or succeeded shall within 30 days thereof furnish to the Chief, Federal Firearms Licensing Center notification of the discontinuance or succession. (See also § 478.127.)

  2. b.(b) Since section 922(v), Title 18, U.S.C., makes it unlawful to transferUpon termination of a license (i.e., license revocation, denial of license renewal, license expiration, or possess a semiautomatic assault weapon, except as provided insurrender of license), the law, any licensed manufacturer, licensed importer,former licensee shall within 30 days, or licensed dealer intending to discontinue business shall, prior to going out of business, transfer in compliance withsuch additional period approved by the provisions of this part any semiautomatic assault weapon manufactured or imported after September 13, 1994, to a person specified in § 478.40(b), or, subject to the provisions of §§ 478.40(c) and 478.132, a licensed manufacturer, a licensed importer, or a licensed dealer.Director for good cause, either:

    1. 1.(1) Liquidate the former licensee inventory by selling or otherwise disposing of the firearms to a licensed importer, licensed manufacturer, or licensed dealer for sale, auction, or pawn redemption in accordance with this part; or

    2. 2.(2) Transfer the former licensee inventory to a responsible person of the former licensee to whom the receipt, possession, sale, or other disposition is not prohibited by law. Any such transfer, however, does not negate the fact that the firearms were repetitively purchased, and were purchased with the predominant intent to earn a profit by repetitive purchase and resale.

  3. c.(c) SinceTransfers of former licensee inventory to a licensee or responsible person in accordance with paragraph (b)(1) or (2) of this section 922(w), Title 18, U.S.C., makes it unlawful to transfer or possess a large capacity ammunition feeding device, exceptshall be appropriately recorded as provided indispositions, in accordance with § 478.122(b), § 478.123(b), or § 478.125(e), prior to delivering the law,records after discontinuing business consistent with § 478.127. Except for liquidation of former licensee inventory to a licensee within 30 days (or approved period) in accordance with paragraph (b)(1) of this section, or occasional sale of a firearm from such inventory thereafter to a licensee, a former licensee (or responsible person of such licensee) who resells any such inventory, including former licensee inventory transferred in accordance with paragraph (b)(2) of this section, is subject to the presumptions in § 478.13 (definition of "engaged in the business as a dealer in firearms other than a gunsmith or pawnbroker") that apply to a person who manufactures, imports, or deals in such devices and who intends to discontinue business shall, prior to going out of business, transfer in compliance withrepetitively purchased those firearms for the provisions of this part any large capacity ammunition feeding device manufactured after September 13, 1994, to a person specified in § 478.40a(b), or, subject to the provisions of §§ 478.40a(c) and 478.132, a person who manufactures, imports, or deals in such devices.purpose of resale.

  4. d.(d) The former licensee shall not continue to engage in the business of importing, manufacturing, or dealing in firearms by importing or manufacturing additional firearms for purposes of sale or distribution, or purchasing additional firearms for resale (i.e., "restocking").