Suppressors LGS mishandling suppressor purchase

[Odysseus1911]

I ordered and paid for my Nomad-30 from a LGS using a SilencerShop kiosk last July. I got the call in April that my stamp had arrived and they asked me if I still lived at the address that I had put on my Form 4. I had moved (still in the same state), so I told them, and they said they couldn't give me my suppressor without making me come in and file a Form 5320.20 and then wait until the ATF approved it. I thought 5320.20 wasn't required for suppressors if you are still in the same state, so I had a long discussion with the owner who said that technically, I was correct, but their lawyers, who are former ATF and LE (is it common for former LE and ATF guys to practice law??), advised that this was the only way for the LGS to avoid undue scrutiny from the ATF because the address on the Form 4 wouldn't match the address on the 4473, so I came in and signed it. It was approved two weeks later and I come back again to pick up my suppressor. Then they tell me they can't give it to me until they run a NICS background check (I didn't think this was needed for suppressors). So I have to hang out for 2 hours waiting on a background check for something that isn't a firearm and for which my background has already been checked by the ATF twice. Are you kidding?!! And if they did have to do a background check, why didn't they do it after they initially received my stamp?

It seems like my LGS unnecessarily delayed me twice by making me do extra forms and background checks that aren't required. Or was this done correctly?

 

[Choid]

I ordered and paid for my Nomad-30 from a LGS using a SilencerShop kiosk last July. I got the call in April that my stamp had arrived and they asked me if I still lived at the address that I had put on my Form 4. I had moved (still in the same state), so I told them, and they said they couldn't give me my suppressor without making me come in and file a Form 5320.20 and then wait until the ATF approved it. I thought 5320.20 wasn't required for suppressors if you are still in the same state, so I had a long discussion with the owner who said that technically, I was correct, but their lawyers, who are former ATF and LE (is it common for former LE and ATF guys to practice law??), advised that this was the only way for the LGS to avoid undue scrutiny from the ATF because the address on the Form 4 wouldn't match the address on the 4473, so I came in and signed it. It was approved two weeks later and I come back again to pick up my suppressor. Then they tell me they can't give it to me until they run a NICS background check (I didn't think this was needed for suppressors). So I have to hang out for 2 hours waiting on a background check for something that isn't a firearm and for which my background has already been checked by the ATF twice. Are you kidding?!! And if they did have to do a background check, why didn't they do it after they initially received my stamp?

It seems like my LGS unnecessarily delayed me twice by making me do extra forms and background checks that aren't required. Or was this done correctly?

I can only answer that it is relatively common for former ATF to practice law, as a great number of people in any government agency are lawyers, and then they go and practice in the field in which they worked.

Don't you have a ccw that allows you to skip 4473s?

 

[rustyinbend]

I have 8 cans, and have "never" had to wait for a Background Check once the stamp is returned. Multiple LGS' in my area just update their records with a form they don't submit (for local files only) ... tell me "Congratulations", and hand me my new suppressor. It seems as though your LGS is overly cautious to the point of annoyance ... but that's just IMHO.

 

[VanJoe]

Will they still be your LGS of choice after this debacle?

 

[Hoser]

Some states require a state level NICS check for all transfers even though the block on the 4473 says NFA items are exempt from it.

 

[kl3309]

You did the 5320 because of your permanent change of address. That is to update the registry. You would have had to do that even if you were already in possession of the suppressor.

 

[sgtsmmiii]

Transfers within the same state post approval are easy. Since your government issued photo ID did not match for the purposes of the 4473 documentation ( box 26.a - required on the 4473 ) - it can be combined with another government issued document to collect the required name, photograph, and date of birth of transferee/buyer - plus the other valid, government-issued document showing the transferee’s/buyer’s residence address or vice-versa. This supplemental documentation must be recorded in question 26.b., with the issuing authority and type of identification presented. So, all of the various required information was combined ( I presume ) on your Driver's License and Form 4 .

There is no need for a NICS check ( and there is even a separate box - 28- at the bottom of page 2 verifying it is part of an NFA transfer ) since you have already been vetted during the background process.

 

[Odysseus1911]

Thanks, all. That's basically what I thought. My LGS is terrified of being audited by the ATF, so they made me do unnecessary extra forms and unnessesary extra background checks, and wait unnecessarily long before they would give me my suppressor. Won't be doing business with them again.

 

[sgtsmmiii]

If they have been otherwise good to deal with in the past - I'd try to forgive them this time. This transaction had some twists in it that don't normally surface.
Maybe they don't have nerds like me that sit around and read all of those instruction pages for sh*ts and giggles.
But, I am happy you got your suppressor. Great can.

 

[JMGlasgow]

When I picked up my Ultra 7 from Thunder Beast I had to fill out a 4473. Even though the NFA background was done.

 

[sgtsmmiii]

Yep - the 4473 is basically documentation that the appropriate person picked up the NFA item. If you used a trust - the sub-trustees are also eligible to pick it up ( usually beneficial to have a copy of the trust to prove that you are a sub-trustee ). But - no NICS background check needs to be run on either - ( additional state required background checks I am unsure about ).

 

[Aftermath]

I have a couple of LGS that will NEVER get any of my business after pulling crap like not selling Lehigh Defense bullets unless you are LE, or having an Atlas Bipod in hand to purchase and start a discussion regarding the purchase of a suppressor with the owner of the place only to have him be distracted by a female and leave me standing.
The first shop, never been back but I see the guy around once in a while. He has said shit like, haven't seen you in the shop in a while, to which I say, it will be a while longer.
The second shop, I casually walked around for a minute, then hid the bipod in a rifle case that was hanging with other rifle cases and walked out. He didn't say to come again or anything....I bet I could have walked out with the bipod, I'd liked to have seen him looking for it....and I haven't been back there either.

 

[AirgunnerPCP]

At least you got your suppressor at the end of the day. After months of waiting, is a couple more hours that big of a deal?

I've never gone through the process so my opinion is worth exactly what you paid for it.

 

[FuhQ]

I have a couple of LGS that will NEVER get any of my business after pulling crap like not selling Lehigh Defense bullets unless you are LE, or having an Atlas Bipod in hand to purchase and start a discussion regarding the purchase of a suppressor with the owner of the place only to have him be distracted by a female and leave me standing.
The first shop, never been back but I see the guy around once in a while. He has said shit like, haven't seen you in the shop in a while, to which I say, it will be a while longer.
The second shop, I casually walked around for a minute, then hid the bipod in a rifle case that was hanging with other rifle cases and walked out. He didn't say to come again or anything....I bet I could have walked out with the bipod, I'd liked to have seen him looking for it....and I haven't been back there either.

Someone probably got a free Atlas bipod... Bought that case, never checked it, and got home with a $300 surprise!

 

[Ledzep]

There's a local shop that gave me the run around in the name of "I'm not going to risk losing my FFL" to do something completely legal...

Haven't been back. There's always somewhere else to go.

 

[HansohnBrothers]

When I picked up my Ultra 7 from Thunder Beast I had to fill out a 4473. Even though the NFA background was done.

Correct. A 4473 has to be completed no matter what, but an additional background check isn't needed in most states. The 4473 is just a record of disposition. For the OP, as long as the address on your ID matches the one you put on the 4473, you are good to go. No need to match the address on the form 4. Legally you can't complete the 5320.20 because you haven't completed a 4473 and taken possession of the silencer. The 5320.20 would be done after you have possession and even then isn't required for in-state moves.