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Suppressors Can I send in my form 4 early?

Buckoman

Sergeant
Full Member
Minuteman
Jul 3, 2008
184
0
Hatfield, Pa
So the silencer I have coming has been approved on the form 3 for the dealer on December 29th '10. So today, I took my form 4 filled out to the dealer to have him sign so I could send in the paperwork and get a jumpstart and he wouldn't sign. The manufacturer hasn't shipped him the can yet so because he doesn't have a silencer and form 3 physically in hand he won't sign even though I've confirmed the serial number and transfer status with BOTH the NFA branch and the manufacturer.

Is there something illegal about sending in the paperwork early or before the dealer has physical possession?
 
Re: Can I send in my form 4 early?

Not illegal, but a lot of dealers don't like to do the paperwork until they have the item in their hands.
 
Re: Can I send in my form 4 early?

I had often sent in my Form 4 application package when I knew NFA Branch had already approved the Form 3 but before the FFL/SOT actually had the Title II item in hand. I never had any issues.
 
Re: Can I send in my form 4 early?

No sir, you are not supposed to send in the Form 4 until your local dealer has the can in his possession. The transfer to you is not supposed to begin until he has the can physically in his inventory.

Sending in your Form 4 before the can arrives at your local dealer is a gamble - in the remote event that it's lost in shipping, you're going to be "up the creek" with ATF.

Bryon
 
Re: Can I send in my form 4 early?

Not that I need to back up the statement of the largest silencer dealer in the nation but he is 100% correct. Besides the "lost in the mail" scenario, I have first hand knowledge of an individual who submitted paperwork early and when the can arrived... it had a different S/N. The situation was not good for any of the parties involved. In this scenario, what you are legally supposed to do and what you can probably get away with are two different things. Given the current political climate, I would err on the side of what you are legally supposed to do.
 
Re: Can I send in my form 4 early?

thanks for the info guys. Erring on the side of caution by default.

cheers
 
Re: Can I send in my form 4 early?

What if Fed Ex looses the package, you now have a $200 tax stamp for a silencer that is lost or stolen, lotta good that is going to do you.

You chose wisely in a NFA dealer.
 
Re: Can I send in my form 4 early?

Just wait it out. The Form 3 doesn't take but a few weeks anyway.