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Posted: 8/18/2015 9:24:33 PM EST
[Last Edit: 8/18/2015 10:07:07 PM EST by craig24680]
Bought a Huntertown Guardian 22 can back end of March and she went pending 4/3. Fast forward to today and I get a call from the dealer stating the stamp is in. Told them I would be by later to pick up.

Went to the dealer and was informed their Class 3 license expired at the beginning of August and they couldn't do any transfers until they have the license renewed which they claim is in the works.

What happens if they never get their license renewed? Am I in a black hole, do I have to wait for another dealer to transfer it?

Craig
Link Posted: 8/18/2015 9:57:02 PM EST
[Last Edit: 8/18/2015 10:07:42 PM EST by ncthorn1623]
Sounds fishy. They sold you a can after their license expired from the sounds of things.

As far as I know, the suppressor now belongs to you and they must let you take it.
Link Posted: 8/18/2015 10:01:57 PM EST
[Last Edit: 8/18/2015 10:03:24 PM EST by NYCEGUY0011]
SOT's ONLY expire on June 30 every year.
ALL of them.

Are they still selling guns ? That would let you know if their actual FFL was expired.

Have you done an EZ check to verify their FFL ?
Link Posted: 8/18/2015 10:07:44 PM EST
[Last Edit: 8/18/2015 10:08:03 PM EST by xachary82]
Well, I'd be taking a police officer to do a standby, and get my property immediately.

Immediately.
Link Posted: 8/18/2015 10:07:44 PM EST
Sorry, they said it expired start of August. I corrected the original post.

Craig
Link Posted: 8/18/2015 11:03:25 PM EST
there is some really crazy stuff in the dealer world. it might be out of their control. it sounds like they may have forgotten to pay the SOT on time and now are waiting on the atf to send them a new copy. ATF is not always the quickest and they lose stuff frequently...
Link Posted: 8/19/2015 12:58:02 AM EST
No HTA jokes yet?




Link Posted: 8/19/2015 5:56:41 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By craig24680:
Sorry, they said it expired start of August. I corrected the original post.

Craig
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All Class 3 (SOT) expire on June 30, If they're saying theirs expired the first of August, they have to be talking about their FFL license as those do expire on the first of a particular month.
Link Posted: 8/19/2015 8:03:57 AM EST
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Originally Posted By xachary82:
Well, I'd be taking a police officer to do a standby, and get my property immediately.

Immediately.
View Quote


Civil issue, police won't get involved, nor have the authority to compel the dealer to release the suppressor, at least not without a Writ of Assistance from the court. Same reason they won't get yer TV from yer ex, or yer car from yer dead beat buddy who stopped making payments on it.
Link Posted: 8/19/2015 8:19:30 AM EST
[Last Edit: 8/19/2015 8:26:21 AM EST by HansohnBrothers]
Originally Posted By craig24680:
Bought a Huntertown Guardian 22 can back end of March and she went pending 4/3. Fast forward to today and I get a call from the dealer stating the stamp is in. Told them I would be by later to pick up.

Went to the dealer and was informed their Class 3 license expired at the beginning of August and they couldn't do any transfers until they have the license renewed which they claim is in the works.

What happens if they never get their license renewed? Am I in a black hole, do I have to wait for another dealer to transfer it?

Craig
View Quote


SOTs expire June 30. Why would they not pay the SOT or not renew their FFL? Something smells...

But, since the form 4 is approved, they can transfer to you without an SOT.
Link Posted: 8/19/2015 8:53:45 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By bradpierson26:
No HTA jokes yet?




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Don't kick the man when he's down.
Link Posted: 8/19/2015 9:32:19 AM EST
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Originally Posted By Gopherboy128:


Don't kick the man when he's down.
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View All Quotes
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Originally Posted By Gopherboy128:
Originally Posted By bradpierson26:
No HTA jokes yet?






Don't kick the man when he's down.


Hey now, nothing wrong with HTA, just not pricey as others and still works great for 22lr
Link Posted: 8/19/2015 9:33:36 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HansohnBrothers:


SOTs expire June 30. Why would they not pay the SOT or not renew their FFL? Something smells...

But, since the form 4 is approved, they can transfer to you without an SOT.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HansohnBrothers:
Originally Posted By craig24680:
Bought a Huntertown Guardian 22 can back end of March and she went pending 4/3. Fast forward to today and I get a call from the dealer stating the stamp is in. Told them I would be by later to pick up.

Went to the dealer and was informed their Class 3 license expired at the beginning of August and they couldn't do any transfers until they have the license renewed which they claim is in the works.

What happens if they never get their license renewed? Am I in a black hole, do I have to wait for another dealer to transfer it?

Craig


SOTs expire June 30. Why would they not pay the SOT or not renew their FFL? Something smells...

But, since the form 4 is approved, they can transfer to you without an SOT.


I may have misheard the date it expired.

I called the national NFA office and they said without the SOT they are unable to transfer the can even with the stamp approved, however the lady didn't give me a lot of confidence.

I have contacted the local ATF office and awaiting their response if they can or can't xfer.

Thanks,
Craig
Link Posted: 8/19/2015 9:37:02 AM EST
Once the stamp is approved the person listed on the form is the only one authorized to be in possession of it. The atf approving the stamp was the transfer. They have no right to hold your property.
Link Posted: 8/19/2015 9:49:09 AM EST
[Last Edit: 8/19/2015 9:49:43 AM EST by tapered-pin]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By NavyIS2:
Once the stamp is approved the person listed on the form is the only one authorized to be in possession of it. The atf approving the stamp was the transfer. They have no right to hold your property.
View Quote

while this is squarely a bureaucratic issue, I tend to agree with the individual above.

there's nothing left to transfer.

nothing left to sign
nothing left to do for the gun shop at all, except hand you the suppressor.

have you paid in full for it?
Link Posted: 8/19/2015 10:07:04 AM EST
Their SOT status has nothing to do with disposition of the silencer.

The Form is approved. Even if they chose not to renew NFA branch would allow in process transfers to complete.

Call NFA branch and explain your position.
Link Posted: 8/19/2015 10:14:44 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ikickhippies:
Their SOT status has nothing to do with disposition of the silencer.

The Form is approved. Even if they chose not to renew NFA branch would allow in process transfers to complete.

Call NFA branch and explain your position.
View Quote

^^ would know.
Link Posted: 8/19/2015 10:50:54 AM EST
Link Posted: 8/19/2015 12:24:56 PM EST
As IKH said, their SOT status has no bearing whatsoever on them being able to form 4 a suppressor to you. Even if they had never been one in the first place, it would be approved and transferable to you. All they need to do is fill out the 4473.

All the SOT does is allow them to receive NFA items tax free.
Link Posted: 8/19/2015 1:10:50 PM EST
I spoke to the local ATF guy in my area and he already knew of the issue with the dealer in question. He said I had to wait until the dealer has the license. I will report back when I have the can

thanks all

Craig
Link Posted: 8/19/2015 1:19:26 PM EST
Ah, they let their FFL expire. Only FFLs can fill out the 4473, that's why he's stuck.
Link Posted: 8/19/2015 2:19:41 PM EST
[Last Edit: 8/19/2015 2:20:13 PM EST by ikickhippies]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HansohnBrothers:
Ah, they let their FFL expire. Only FFLs can fill out the 4473, that's why he's stuck.
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Sad to hear that. If they really knew what they were doing they would have at the very least gotten an extension letter. but then again they carry HTA soooooooooooo..
Link Posted: 8/19/2015 2:40:25 PM EST
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Originally Posted By ikickhippies:
but then again they carry HTA soooooooooooo..
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BAZINGA!
Link Posted: 8/19/2015 3:18:59 PM EST
[Last Edit: 8/19/2015 3:20:35 PM EST by Synyster06Gates]
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Originally Posted By HansohnBrothers:
Ah, they let their FFL expire. Only FFLs can fill out the 4473, that's why he's stuck.
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I thought the 4473 wasn't required for a F4 trust

ETA: Quick Google search shows I'm wrong.
Link Posted: 8/19/2015 4:17:53 PM EST
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Originally Posted By bradpierson26:
No HTA jokes yet?




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Nice! I was thinking the same thing as I was reading along. Then they started!!
Link Posted: 8/20/2015 8:21:12 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HansohnBrothers:
Ah, they let their FFL expire. Only FFLs can fill out the 4473, that's why he's stuck.
View Quote


I thought there was another thread that showed that after the Form 4 cleared the suppressor could be shipped to another FFL and the other FFL could do the 4473. That context was that the SOT was a vajillion miles away across a large state, would that same rule apply here?

OP - Please post back and let us know how this pans out. Also bring your new can to the range so that your local homies may ogle it. :D
Link Posted: 8/20/2015 8:27:53 AM EST
Link Posted: 8/20/2015 8:51:46 AM EST
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Originally Posted By BigWaylon:

Nope. You may have misunderstood the other thread. F3 has to be before the F4.

SOT can ship the can directly to customer, if no NICS check required, but they still have to do a 4473 by mail.
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Originally Posted By BigWaylon:
Originally Posted By RotaryJihad:
Originally Posted By HansohnBrothers:
Ah, they let their FFL expire. Only FFLs can fill out the 4473, that's why he's stuck.

I thought there was another thread that showed that after the Form 4 cleared the suppressor could be shipped to another FFL and the other FFL could do the 4473. That context was that the SOT was a vajillion miles away across a large state, would that same rule apply here?

OP - Please post back and let us know how this pans out. Also bring your new can to the range so that your local homies may ogle it. :D

Nope. You may have misunderstood the other thread. F3 has to be before the F4.

SOT can ship the can directly to customer, if no NICS check required, but they still have to do a 4473 by mail.

Exactly. If the form 4 is approved, the item can only be transferred on a form 4 regardless of SOT status.
Link Posted: 9/3/2015 11:22:04 AM EST
Sorry for delay, the dealers licence came in on 8/29 and I picked up same day. No apology when I was in there, just here ya go. No more money spent with them going forward.

On the bright side, so far I am happy with the HTA Guardian 22 and my Ruger 22/45 Lite is happy also.

Craig
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