Shop Closed down and they have my suppressor

Shooter McGavin

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I have a shop that closed down that has a suppressor that I paid for and I am just waiting on my Tax Stamp. What the fuck? They didn't call me to let me know. Do I call the ATF? I thought they had to transfer it to another shop.
 

davsco

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i just don't get why we can't apply for a suppressor now, then actually pick it out and buy and pay for it when the purchase is approved and then we supply make and serial number etc to atf within x days of purchase. that would avoid all this crap and risk and being out $$$ for months.

i also don't get why cans take forever to get approved when regular guns get approved same day and nfa is a month or so. what if anything else is involved/checked/etc for a can vs nfa?
 

spife7980

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Gunfighter14e2

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Well what I find interesting is a can is considered a firearm. However when you read the definition of what is called a firearm it does not fit that discretion at all. Should I go on?
 
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acudaowner

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you could call the police , or ghost busters , your cc company may be better suited to actually help you never actually received what you paid for that is as long as you used a credit card . If you paid cash you could be sol sorry if that happens .
 

bigwatchpilot

Captain
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Mar 16, 2012
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I had a dealer leave town...tracked him down and he said he 'could not find it'. I called the ATF and the paperwork was done, approved, and mailed. I told them I did not have the paperwork or the silencer. I reported it stolen, and gave the ATF his info. He eventually sent me a check for the item and tax fee. He is BANNED from the Hide...that is another story unrelated to me.
 

jmac1911

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Call your local atf office, I just went through the same thing. All turned out okay, the shop held my can until it was approved then they contacted me, just had to make arrangements to meet when someone would be there.
 

Shooter McGavin

NTRP TEAM MEMBER #33
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A little back ground on the suppressor, it’s a Tac Ops 5.56 can opened up to shoot .300 black out. Paid Mike by personal check and he sent it to my guy. I personally want the suppressor and not be reimbursed for the cost. I’d hate to wait another 10 months. I emailed the guy and it didn’t bounce back so hopefully he’ll get back to me.
 
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pmclaine

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Well what I find interesting is a can is considered a firearm. However when you read the definition of what is called a firearm it does not fit that discretion at all. Should I go on?
Apparently a lower of an AR, and the lower of a semi pistol, are not firearms either but let's let sleeping dogs lay.
 

jhead7416

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I had to deal with a similar situation several years back. I had no idea the shop had closed until I went by to check status and store was empty and out of business. I contacted local PD they were absolutely no help. ATF had no record of my stamp application for a suppressor. Then contacted Atlanta ATF office who helped me get in contact with the district ATF agent. I had already made some notes, names and a time line regarding the transaction, form4 application and stamp fee money order. After reviewing the information the ATF agent put me in touch with a licensed contractor the shop had hired to hold suppressors and SBR items until stamps were approved. In my case the form 4 and $ 200 was never sent. Cost me an extra six months for my stamp approval but at least I finally got my suppressor.
 

pmclaine

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Uh,... no! If we are to be a nation of laws the Law/s should not be based on perception at all.
But they deliberately write bad laws open to interpretation so it can be used other used to exonerate or convict depending on needs of the moment.
 

Gunfighter14e2

Rusty Nail
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But they deliberately write bad laws open to interpretation so it can be used other used to exonerate or convict depending on needs of the moment.
The writing of stupid laws "for the children" are for nothing else but moving money from one pocket to another an keeping people who can't really do anything employed. One trick pony's abound in this country to the point, that most people can not feed their self's w/o other one trick pony's.
 

pmclaine

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The writing of stupid laws "for the children" are for nothing else but moving money from one pocket to another an keeping people who can't really do anything employed. One trick pony's abound in this country to the point, that most people can not feed their self's w/o other one trick pony's.

One Trick Pony tastes like chicken.......
 

RyanScott

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Well what I find interesting is a can is considered a firearm. However when you read the definition of what is called a firearm it does not fit that discretion at all. Should I go on?
It’s an NFA firearm but not a GCA firearm.Two different definitions and they are treated differently.
 

RyanScott

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Because the GCA allows you to make a firearm and the NFA requires you apply first to make a firearm but they are different firearms.
 

Jigstick

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Shit like this makes me happy I had an NFA attorney local time me write my trust. Numerous times I’ve called him with random questions. If this happened to me I’m sure he’d take care of it pretty quickly.
 
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j741

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Shit like this makes me happy I had an NFA attorney local time me write my trust. Numerous times I’ve called him with random questions. If this happened to me I’m sure he’d take care of it pretty quickly.
yes, and I'm sure he'd charge you a pretty penny for it.

On my 2nd suppressor purchase, through SilencerShop, the dealer just disappeared on people. He stopped returning calls and just went silent. Another local SOT stepped in to take over all the transfers but communication and updates were still non-existent. SilencerShop, even with its guarantees for dealers, did nothing more than send me a form letter template to notarize and send to the ATF. They had multiple customers in the same position and did nothing at all from my view. They never told me they were doing anything or would step in, just said to mail the letter and wait. It took 4 months after when the ATF said my stamp was sent before I finally got my can from the new SOT.

Point being, even in SilencerShop, with the experience and guarantees, can't do much, then I don't think having a local NFA attorney is going to do much either other than reducing your bank account balance.
 

Jigstick

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Actually he hasn’t charged me once since he did my trust. And Good luck dealing with the clusterfuck you got yourself into.

it is a good story Husky. When you got thousands of dollars And months of time tied up in NFA items It makes sense to protect your investment as much as possible. if you can’t afford $150 for legal protection then maybe you shouldn’t be dabbling with big boy toys
 
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aggiez28

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in situations like that the shop can contact the atf and they will typically expedite your transfer
 

RyanScott

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Laughing,.... ask around Mr Expert. I'll look back thru all my form one's dating back to 1977 to understand what your talking about,...laughing
Do you register a Title 1 firearm when you make it? No, because that’s only required of Title 2 firearms.
 

Gunfighter14e2

Rusty Nail
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Are you referring to the thing about an AR lower not meeting the definition of a firearm?
That is a side line. Explain how a can meets the legal definition of a "Firearm"? A Form 1 is to make an Register a "Firearm" a Form 4 is to transfer a "Firearm". Again How does a can fit the legal definition of a "Firearm"?
 

Gunfighter14e2

Rusty Nail
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18 USC 921.
Nope, try again. What part turns any car into a race car? What piece of wood is defined as a house? What electronic component is the radio? Again for the slow people, how can a suppressor be construed as a firearm? How does it hold an fire, a projectile/bullet?
 

Tx_Aggie

Gig 'em
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I have a shop that closed down that has a suppressor that I paid for and I am just waiting on my Tax Stamp. What the fuck? They didn't call me to let me know. Do I call the ATF? I thought they had to transfer it to another shop.
I went through something similar with a local dealer. In that case, ATF allowed them to keep anything with a pending form 4 until the stamp came back (and expedited processing on those items). There were some items that had been sold but no form 4s had been filed (mostly because the shop screwed up). Those items had to be transferred to another NFA dealer before the closing shop's SOT expired at the end of June.

If you have a serial number for your suppressor, a call to ATF should tell you if there's a form 4 pending with your name on it. If so your guy should still have it.

PM me if you'd like more info, since Gunfighter seems intent on jacking your thread.
 

Shooter McGavin

NTRP TEAM MEMBER #33
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To update, the ATF sent me an email response as follows-

Good morning,

If you have a Form 4 (pending or approved) and the dealer is closed then the only option is to have the Form 4 voided. To find the status of your form please call 304-616-4500.

David

I am screwed in this situation
 

Shooter McGavin

NTRP TEAM MEMBER #33
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Called and check the status of the Tax Stamp and it was approved on 26 February 2020. They told me to call the local ATF Field Office so I did and left a message. Also, tried emailing the owner of the Gun Shop to see if he would meet, but I am not hopeful as he never answered my previous email.
 
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264win

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I went through a similar situation to OP.
Shop closed, ( failed to renew their lic) after submitting my form 4.
eventually I got a refund and bought a can from a reputable dealer, but it took 9 months and a lot of persistence.
 

Shooter McGavin

NTRP TEAM MEMBER #33
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I went through a similar situation to OP.
Shop closed, ( failed to renew their lic) after submitting my form 4.
eventually I got a refund and bought a can from a reputable dealer, but it took 9 months and a lot of persistence.
The only problem for me is I paid Tac Ops and they transferred it to the dealer of my choosing, so not Mike's fault. Hopefully the ATF Field Office can get something done.
 

264win

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The only problem for me is I paid Tac Ops and they transferred it to the dealer of my choosing, so not Mike's fault. Hopefully the ATF Field Office can get something done.
Agreed, no fault of Mike’s.
I would start going after the shop it was transferred to. Nothing illegal or threatening, just keep insisting that they make it right, by returning the can to Mike or reimbursement for the cost.
After enough months of calls/ texts/emails/letters/post/tweets/ etc you will likely get results.

I definitely feel your pain, it happened to me 7 years ago, and it still gets my pressure up.
Hopefully you will get some resolution asap
 
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j741

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if the stamp was approved, you can get a copy of it from the ATF. But, you'd still need to get the physical can somehow. With my experience on a dealer disappearing, they had transferred the cans they had to another SOT. Once I got a copy of my stamp from ATF I was able to meet with that other SOT to do the transfer. It still took a while and a lot of effort, but was a lot better than starting over.
 

Enough Said

Staff Sergeant Taylor
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This thread really pisses me off. I'm a businessman with a good reputation, however, and do a ton of transfers.
Your suppressor is SOMEWHERE. We need to find that. Get the principle's name who was on your Form 4 as the Transferor and find out where he lives through your city's tax rolls. That can be done online. Pay a friendly visit and take a friend as a witness.

Visit your local ATF agent and have him/her pay the visit. That's an NFA controlled item out there floating around illegally and it needs to be approached that way.

This is bullshit, but you already knew that. Sorry, bro.
 

winklche

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Nope, try again. What part turns any car into a race car? What piece of wood is defined as a house? What electronic component is the radio? Again for the slow people, how can a suppressor be construed as a firearm? How does it hold an fire, a projectile/bullet?
Did you even read the definition? Section a3 part C "any firearm muffler or firearm silencer; " which is defined in the link. Very clearly defines it as a firearm.
 

ccasanova

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Visit your local ATF agent and have him/her pay the visit. That's an NFA controlled item out there floating around illegally and it needs to be approached that way.
☝? This

I went through the same situation (shop closure). Luckily, I knew the owner, and after a dozen trips to his house, I got ahold of him to get my already approved can.
 
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Shooter McGavin

NTRP TEAM MEMBER #33
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☝? This

I went through the same situation (shop closure). Luckily, I knew the owner, and after a dozen trips to his house, I got ahold of him to get my already approved can.
I’m trying to track him down. I may have a lead. Also, I have called the local ATF And left message for the last two days. I’ll call again tomorrow.
 
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