Suppressors Transfer after paperwork started.

[john_m44]

Question for the group, bare with me.

I purchased a rimfire suppressor 3-30-18 the check was cashed 5-8-18, I later purchased a omega 6-21-18 the check was cashed 7-14-18. Sometime around October the dealer that I was using closed the doors because of financial problems, at the time I was told the owner would continue to handle the NFA items as normal.

Fast forward to today, I decided to call ATF just to see what the status was on my RF suppressor, low and behold it was approved 3-13-19. I called the owner on what I was told to be his cell #, no answer. I was starting to become mad because there seemed to be something shady over the closing(I just happened to stop in on a Saturday and was told that Sunday was the last day of business this was a hour drive one way.) I remembered the lady's name who was the manager so I found her on FB and sent her a message, she said to give her a call on the business phone that the shop opened back up under new a owner today. She was very helpful with my noob questions, until I asked if I could come up and fire my omega in their indoor range. She told me that the new owner doesn't have their SOT yet and as soon as they did they would be transferring all of the NFA items that are "in jail" over to the new owner.
Hang in there in almost done.

Here's my question.
If they transfer my pending suppressor will my waiting time start over?

 

[j741]

I had a similar issue a while back where the SilencerShop local SOT I picked went out of business completely. There was another local SOT who was surprisingly helpful and worked with ATF as well as the out of business dealer to transfer all cans to the new SOT. It didn't reset any wait times, but in my case I had to request the ATF send a replacement tax stamp (which was just a copy, no original stamp) to the new SOT as it had been approved over a month earlier but the old SOT claimed he never received it. It took over a month but it all worked out without any re-submission or new wait time.

 

[rockmyglock]

Both of these items appear to be cleared, with approved Form 4’s.

Related question: If a Form 4 is filed and in process (filed last month), can that item be transferred to another dealer while the Form 4 is still in process? Presumably on another Form 3?

 

[j741]

no, not to my knowledge. ATF has to get involved and in my case the transfer to the new SOT could not happen until stamp was approved.

 

[HansohnBrothers]

Question for the group, bare with me.

I purchased a rimfire suppressor 3-30-18 the check was cashed 5-8-18, I later purchased a omega 6-21-18 the check was cashed 7-14-18. Sometime around October the dealer that I was using closed the doors because of financial problems, at the time I was told the owner would continue to handle the NFA items as normal.

Fast forward to today, I decided to call ATF just to see what the status was on my RF suppressor, low and behold it was approved 3-13-19. I called the owner on what I was told to be his cell #, no answer. I was starting to become mad because there seemed to be something shady over the closing(I just happened to stop in on a Saturday and was told that Sunday was the last day of business this was a hour drive one way.) I remembered the lady's name who was the manager so I found her on FB and sent her a message, she said to give her a call on the business phone that the shop opened back up under new a owner today. She was very helpful with my noob questions, until I asked if I could come up and fire my omega in their indoor range. She told me that the new owner doesn't have their SOT yet and as soon as they did they would be transferring all of the NFA items that are "in jail" over to the new owner.
Hang in there in almost done.

Here's my question.
If they transfer my pending suppressor will my waiting time start over?

You should be able to pick up your rimfire can since it's already approved. ATF is starting to make dealers clear all pending forms before they shutdown. If they have to transfer to another dealer, you'll probably have to start the form 4 over again. I'd call the ATF and inform them of the situation.

 

[HansohnBrothers]

Both of these items appear to be cleared, with approved Form 4’s.

Related question: If a Form 4 is filed and in process (filed last month), can that item be transferred to another dealer while the Form 4 is still in process? Presumably on another Form 3?

No, once the form 4 is in the system, it can't be sent to another dealer. The reason is the transferor will be incorrect on the the form 4.

 

[john_m44]

This is exactly what I didn't want to hear. I can't figure out why they want to transfer them over to the new owner.
Old owner still hasn't returned my call.

 

[rockmyglock]

No, once the form 4 is in the system, it can't be sent to another dealer. The reason is the transferor will be incorrect on the the form 4.

What if the transferee moves to another state between Form 4 submission and Form 4 approval?

 

[HansohnBrothers]

What if the transferee moves to another state between Form 4 submission and Form 4 approval?

You can ask ATF to expedite the paperwork but there is no guarantee they'll do that. If ATF won't expedite the form, the dealer has to cancel the form 4, transfer to your new dealer and you start the form 4 over from the beginning. Now, if you have a trust and a trustee in your original state, your trustee can pick up the can and ship directly to you once the form 4 is approved.