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Posted: 5/3/2021 8:16:41 PM EDT
[#1]
They’ll normally have to transfer to another SOT, via a Form 3, I believe. You’ll get your suppressors. I think someone on here may have mentioned that the ATF fast tracked outstanding Form 4 transfers for a dealer giving his up a week or two back.
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Posted: 5/3/2021 8:18:25 PM EDT
[#2]
You had form 4s pending to you from him? Usually they get expedited in that scenario.
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Posted: 5/3/2021 8:22:22 PM EDT
[#3]
Quote HistoryQuoted: You had form 4s pending to you from him? Usually they get expedited in that scenario. I have the Form 4s and was getting ready to submit them. |
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Posted: 5/3/2021 8:25:27 PM EDT
[#4]
Tag for outcome. Normally from what I have seen is new form3 from dealer to dealer. Then your old form4 gets thrown in the trash and you have to start a new one all over.
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Posted: 5/3/2021 8:27:11 PM EDT
[#5]
Quote HistoryQuoted: I have the Form 4s and was getting ready to submit them. Quote HistoryQuoted: Quoted: You had form 4s pending to you from him? Usually they get expedited in that scenario. I have the Form 4s and was getting ready to submit them. If you haven't submitted the form 4s yet I would ask him to form 3 them to another dealer ASAP. ETA: did he already give up the SOT or is going to soon? I believe if he is no longer an active SOT he'll have to transfer out the NFA stuff on a form 4 not a form 3 and pay the $200. |
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Posted: 5/3/2021 8:30:36 PM EDT
[#6]
If by some random chance in Kentucky I'll transfer them for you.
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Posted: 5/3/2021 8:43:39 PM EDT
[#7]
Quote HistoryQuoted: If by some random chance in Kentucky I'll transfer them for you. I'm not, but thanks for the offer. |
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Posted: 5/3/2021 8:56:03 PM EDT
[#8]
If they're already in-state and registered to the dealer, it's still the same tax-paid F4 as it would have been. Nothing stops a non-SOT FFL or non-FFL from transferring a suppressor to you in-state on a tax-paid Form 4.
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Posted: 5/3/2021 9:36:17 PM EDT
[#9]
Quote HistoryQuoted: If they're already in-state and registered to the dealer, it's still the same tax-paid F4 as it would have been. Nothing stops a non-SOT FFL or non-FFL from transferring a suppressor to you in-state on a tax-paid Form 4. That's true, however my concern would be potentially not being able to track this guy down in 6-9 months if he's shutting down his operation and retiring or whatever. I suppose that's not really a concern if he's simply giving up the SOT and keeping his FFL though. Just something to think about, although if he did already give up the SOT you don't really have any other option than a form 4 anyway, even if it's to another dealer. |
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Posted: 5/4/2021 12:00:42 AM EDT
[#10]
Quote HistoryQuoted: That's true, however my concern would be potentially not being able to track this guy down in 6-9 months if he's shutting down his operation and retiring or whatever. I suppose that's not really a concern if he's simply giving up the SOT and keeping his FFL though. Just something to think about, although if he did already give up the SOT you don't really have any other option than a form 4 anyway, even if it's to another dealer. Quote HistoryQuoted: Quoted: If they're already in-state and registered to the dealer, it's still the same tax-paid F4 as it would have been. Nothing stops a non-SOT FFL or non-FFL from transferring a suppressor to you in-state on a tax-paid Form 4. That's true, however my concern would be potentially not being able to track this guy down in 6-9 months if he's shutting down his operation and retiring or whatever. I suppose that's not really a concern if he's simply giving up the SOT and keeping his FFL though. Just something to think about, although if he did already give up the SOT you don't really have any other option than a form 4 anyway, even if it's to another dealer. not sure how he "gives up his SOT", since it's a tax that's paid from July 1st through June 30th, every year. So if he had an SOT, it's valid until 6/30/2021. He might not renew it past that point, which is more what it sounds like vs. "gave up his SOT." If they are in process before the deadline (6/30/2021), then they should continue through as normal and you pick it up in 4 to 6 months. If you are concerned he is doing a full shutdown, retiring, skipping town, etc. then yes, ask them to be F3'd to another dealer. |
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Posted: 5/4/2021 12:19:50 AM EDT
[#11]
Quoted: I just found out the SOT I was using gave up his SOT, I just found out and will head over tomorow to find out what the deal is. If the dealer gives up the SOT, what happens to the items currently on his books or what are his options? What are the chances I ever see my suppressors again? |
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Posted: 5/4/2021 10:17:24 AM EDT
[#12]
Quote HistoryQuoted: not sure how he "gives up his SOT", since it's a tax that's paid from July 1st through June 30th, every year. So if he had an SOT, it's valid until 6/30/2021. He might not renew it past that point, which is more what it sounds like vs. "gave up his SOT." If they are in process before the deadline (6/30/2021), then they should continue through as normal and you pick it up in 4 to 6 months. If you are concerned he is doing a full shutdown, retiring, skipping town, etc. then yes, ask them to be F3'd to another dealer. Quote HistoryQuoted: Quoted: Quoted: If they're already in-state and registered to the dealer, it's still the same tax-paid F4 as it would have been. Nothing stops a non-SOT FFL or non-FFL from transferring a suppressor to you in-state on a tax-paid Form 4. That's true, however my concern would be potentially not being able to track this guy down in 6-9 months if he's shutting down his operation and retiring or whatever. I suppose that's not really a concern if he's simply giving up the SOT and keeping his FFL though. Just something to think about, although if he did already give up the SOT you don't really have any other option than a form 4 anyway, even if it's to another dealer. not sure how he "gives up his SOT", since it's a tax that's paid from July 1st through June 30th, every year. So if he had an SOT, it's valid until 6/30/2021. He might not renew it past that point, which is more what it sounds like vs. "gave up his SOT." If they are in process before the deadline (6/30/2021), then they should continue through as normal and you pick it up in 4 to 6 months. If you are concerned he is doing a full shutdown, retiring, skipping town, etc. then yes, ask them to be F3'd to another dealer. I should have been clearer, I meant giving up his FFL/SOT entirely. ie going out of business |
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Posted: 5/4/2021 3:53:42 PM EDT
[#13]
Quote HistoryQuoted: I should have been clearer, I meant giving up his FFL/SOT entirely. ie going out of business If his FFL is held by anything other than a sole proprietor, AND the entity (LLC, corp, etc) will cease to exist, then the NFA branch will expedite remaining Form 4s, since the entity is going to be gone and the items will be in some contraband limbo if the Form 4 are not done and items handed to you. In other situations, they will tell you to just wait for normal processing. |
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Posted: 5/4/2021 5:04:31 PM EDT
[#14]
Thanks for all that responded.
Got a chance to stop by and speak with the dealer. I didn’t fully understand what was going on, but sounded like the ATF screwed up the renewal or something and the shop cant take anymore inbound transfers (that’s what started my concern when I tried having an item transferred in). Current items already on their books can still be transferred to the individual on a Form 4. |
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Posted: 5/4/2021 9:42:11 PM EDT
[#15]
Aren’t all title 2s, including suppressors, “keepers” unless post ‘86 samples? So wouldn’t it just be a tax paid form 4 transfer to you whether he’s an FFL or not?
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Posted: 5/5/2021 11:03:30 AM EDT
[#16]
Quote HistoryQuoted: Aren’t all title 2s, including suppressors, “keepers” unless post ‘86 samples? So wouldn’t it just be a tax paid form 4 transfer to you whether he’s an FFL or not? Only if it's a SP |
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Posted: 5/5/2021 3:58:52 PM EDT
[#17]
Quote HistoryQuoted: Only if it's a SP The entity (ie. LLC, S-Corp, etc) doesn't cease to exist just because it gave up its FFL/SOT. As long as the entity legally exists it can retain ownership of any keeper NFA items. |
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Posted: 5/5/2021 5:17:57 PM EDT
[#18]
Quote HistoryQuoted: The entity (ie. LLC, S-Corp, etc) doesn't cease to exist just because it gave up its FFL/SOT. As long as the entity legally exists it can retain ownership of any keeper NFA items. Yes, the entity (or SP) retains ownership/registration of whatever they already had at the time their FFL/SOT was relinquished (except post-86 MGs aka "post samples"). If they're giving up the FFL too, they close and turn in their last 20 years of bound book(s) to ATF's OBRC. Those (former FFL/SOT) individuals or entities can also transfer tax-paid on F4 just like any private citizen can do (only exception being "pre-sample" MGs can only be transferred to a current holder of an FFL/SOT, or any government entity). Remember... NFA transfers (and the correct form to use) depend on the status of the firearm, and the statuses (SOT/government/estate) of the transferor and transferee. |
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Posted: 5/6/2021 10:46:48 AM EDT
[#19]
Quote HistoryQuoted: The entity (ie. LLC, S-Corp, etc) doesn't cease to exist just because it gave up its FFL/SOT. As long as the entity legally exists it can retain ownership of any keeper NFA items. That's true, my comment was assuming the legal entity was being terminated |
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