I'm cursed with Class 3 dealers

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Alex Wilson
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I'm cursed with Class 3 dealers

Post by Alex Wilson »

So the last class 3 dealer I used scratched and shot my suppressor before my form4 cleared. This was not through Silencershop, just a regular form3 and form4.

My Tirant45 got cleared and I went to pick it up yesterday. This was through SS and a "Powered by" dealer. My address on my license didn't match the Form4 and the dealer flipped out. I bought a new house since July. Everything is set up through a gun trust. Anyway the dealer saw my address was different than the original form4 and proceeded to tell me he won't give me the suppressor. He called the AFT and made me wait while they approved it.

I tried to tell him there is no obligation to notify. I moved across town. Same state. He tells me that if an agent ever ask for my stamp and it doesn't match they'll take my can and fine me. I'd be lucky to get the fan back. Haha

I tried not to argue with him but damn. I asked the lawyer that set my trust up months ago about this. He said since it's a trust no address has to match. There can be multiple people on the trust and they don't all have to live together. As long as I am lawfully allowed to own a can and on the trust it doesn't matter.

It still have one more can with this guy. Wonder what he's gonna say when the addresses don't match again!? Haha I'm cursed with NFA items and dealers. At least I'm getting approved and see light at the end of this year long process.
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Dolomite_Supafly
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Re: I'm cursed with Class 3 dealers

Post by Dolomite_Supafly »

Sounds like you should be looking for another dealer.
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Boolit_Head
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Re: I'm cursed with Class 3 dealers

Post by Boolit_Head »

It's sad the laws are so ridiculous that it creates situations where people who half pay attention react like this. Laws should be clear and concise.
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GSO
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Re: I'm cursed with Class 3 dealers

Post by GSO »

I'd also find another dealer for future purchases. There is an unfortunate amount of ignorance out there, even among dealers and others who should know better or be smart enough to actually read the statutes and rules before spouting their "wisdom."

I'm also a "Powered By" Dealer since January 2016 (just in time for the excited flurry of activity), so haven't done it long, but know that his behavior was over the top. What is significant for me, is that your Driver's License or ID address match the address that you put on the Form 4473 at time of pickup. Since I'm a dealer in Texas, as long as the address is in Texas, there is nothing (in my search of ATF pubs) prohibiting the transfer if they differ, but I would suggest getting the DL and/or LTC updated with the current address. If you are a Texas resident, then you are required by TxDPS to update your address within 30 days of moving, so it pays to do so promptly.
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Alex Wilson
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Re: I'm cursed with Class 3 dealers

Post by Alex Wilson »

GSO wrote:I'd also find another dealer for future purchases. There is an unfortunate amount of ignorance out there, even among dealers and others who should know better or be smart enough to actually read the statutes and rules before spouting their "wisdom."

I'm also a "Powered By" Dealer since January 2016 (just in time for the excited flurry of activity), so haven't done it long, but know that his behavior was over the top. What is significant for me, is that your Driver's License or ID address match the address that you put on the Form 4473 at time of pickup. Since I'm a dealer in Texas, as long as the address is in Texas, there is nothing (in my search of ATF pubs) prohibiting the transfer if they differ, but I would suggest getting the DL and/or LTC updated with the current address. If you are a Texas resident, then you are required by TxDPS to update your address within 30 days of moving, so it pays to do so promptly.

My current DL reflects my new address as did the 4473 I filled out. The Form4 filled out in June 16 had my previous address on it. Hence the disagreement. Funny thing is, I still the old house. I converted it into a rental.
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John A.
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Re: I'm cursed with Class 3 dealers

Post by John A. »

And this is a perfect reason why NFA transfers should not take 8-15 months to finalize.

But for the record, NFA branch did inform me that I had to update the registry with a current address of all NFA registered items, even within the same zip code and city.

I know that my old paperwork stated out of state moves (interstate) had to be notified, but they must not have liked the old forms too much.

Now they want to know where they're located at all times.
When those totally ignorant of firearms make laws, you end up with totally ignorant firearm laws.
Alex Wilson
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Re: I'm cursed with Class 3 dealers

Post by Alex Wilson »

John A. wrote:And this is a perfect reason why NFA transfers should not take 8-15 months to finalize.

But for the record, NFA branch did inform me that I had to update the registry with a current address of all NFA registered items, even within the same zip code and city.

I know that my old paperwork stated out of state moves (interstate) had to be notified, but they must not have liked the old forms too much.

Now they want to know where they're located at all times.
They may "want" to know but you are under no obligation to report. There is no form to fill out. They request that you send them a letter notifying of a move. Below is the exact email I got from my lawyer. All he does is gun trust. If anyone else has a trust in KY good chance Aaron did it. Not trying to argue with you. Some people believe in better safe than sorry. I, on the other hand, don't do anything with Govt. I'm not required to do. Less is more in my book. See below

"Alex,

There's no legal requirement to notify the ATF if moving in-state. Trustees also don't have to have the same address as the trust, and any trustee can pick up an item at the dealer. Your dealer was bitching for no good reason.

You can update the address on your trust for future submissions/use by printing and signing a new certification with your new address.

Thanks,
Aaron"
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BadKarmaZeroSix
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Re: I'm cursed with Class 3 dealers

Post by BadKarmaZeroSix »

Been having "Class 3 issues" myself lately...you may have read my post about my dealer closing while they are holding 2 NFA items awaiting approval...now that i'm past that, i am stuck traveling over an hour to the next closest FFL/SOT...seriously considering opening my own FFL/SOT just to handle transfers in my area for people with no other options...
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