ATF Interview Scheduled

[bohicarlp]

A Big Thanks to Dave and all you Forum members. I received the video in mid July sent all my info in about a week later, and now the interview is scheduled next week. This seems like a half time show waiting to ice the kicker at the end of a Football game. Weird analogy I know. Hoping to add another 54 to the Mitten state.

[displayfireworks1]

You are moving along nice, good work. Sounds like the ATF is moving pretty quickly in Michigan. Remember your ATF interview is an educational event. Let us know how it goes after the interview. I am predicting you will soon be adding another ATF Fireworks license to the state of Michigan. And what a great state to be licensed in.

[bohicarlp]

The interview ended a short while ago. It seemed to go pretty good. The only thing I was a little confused about was that he mentioned at the end, that if anyone was going to help with my show, they had to complete an employee questionaire form. If I am not doing this for commerce, then why the employee form? So now I wait for the blue envelope.

[215less]

stupid curious question but how long was the process today?

[bohicarlp]

Everyone's situation is going to be different. From the investigator they get, to the type of license the person has applied for, to if they have a magazine for personal storage, and are they doing this for hobby or business. In my situation, the process was just over an hour.

[215less]

cool, thanks for the heads up... crossing fingers for you and your license but from my point here on the forum, you shouldn't have any issues getting it..

[djsmurf]

The interview ended a short while ago. It seemed to go pretty good. The only thing I was a little confused about was that he mentioned at the end, that if anyone was going to help with my show, they had to complete an employee questionaire form. If I am not doing this for commerce, then why the employee form? So now I wait for the blue envelope.

bohicarlp it is a possession thing. In Michigan I'm not sure if it applies as long as you are the one bringing the 1.3 to the site and are there for the entire setup and display. If you transport and are at the event you are the "possessor" so no one else would need a form.

https://www.atf.gov/explosives/qa/who-%E2%80%9Cpossessor-explosives%E2%80%9D

[displayfireworks1]

Employee possessor form he discussed. it is still a confusing issue even for some of the ATF Inspectors. The last I saw on this and it makes perfect sense, is if the person does not meet the criteria to qualify as an employee then it is actually wrong to list them as an employee as yours. The ATF told me to do this back in 2003 and then a letter came out from head of the ATF at the time Gary Bangs. He stated in the letter in is wrong to list people as employee possessors if they do not work for you. The letter further went on to define what an employee is. If someone can find that letter please post it here. Don't assume because the person that talked to you is an ATF Inspector that everything he is telling you is correct. In some of these states that have low numbers of private ATF Fireworks license they are unsure what to do with applications from private individuals. Let me try to find a link to that letter , I know it was in the PGI bulletin also.
Glad your interview went well otherwise, please let us know when you receive the license.

[displayfireworks1]

I can not find the link to the letter but I did find where I reference part of the letter. This dates back to 2007. I serious doubt it has changed. I will copy and paste exactly as it was written. Read carefully, if you add people that are not employees you are making false statements.
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Q6: Would it be possible for the club to make all of its member’s employee possessors? This would allow the members to make and, transport explosives under the club license without each member needing to obtain their own license or permit.
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A: The members must be bona fide employees of the organization. Employees are generally on the payroll of the employer, the employer withholds Federal and/or State taxes, the employer withholds Social Security from pay, and the employees generally receive benefits, such as health insurance or worker’s compensation coverage. Only actual employees may be reported as employee possessors and undergo a background check.
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Licensees or permittees who report persons as employee possessors knowing that the persons are not bona fide employees would violate 18 U.S.C. 842(a)(2). This provision of law prohibits the making of any false statement intended or likely to deceive for the purpose of obtaining a license or permit.

[bohicarlp]

I appreciate the post Dave. The way I am looking at things being a business owner that is in commerce of my livelihood; I think I should follow the inspectors instructions and wait for a reply like your post above since I will not be in commerce with fireworks.