Form 3 not approved?

[dark2023]

So I called the ATF today looking for an update as far as my form goes.

After giving them my item's serial number, my trust name and my FFLs name, I was told that my form was still pending. Then the woman on the phone went on to say that there was a problem. She said that my form could not currently be reviewed because the associated form 3 on the item has not been approved.

I'm confused, I submitted my info to my dealer in February, they sent my form off around March, check cashed on April 3rd, but now I'm in limbo?

Can someone else please explain this?

[RPM509]

If your dealer was in legal possesion of the item, ie. did not have to transfer it in from another dealer, then there is no need for a Form 3. Just a Form 4 transfer to you.

If on the other hand, your dealer needed it transferred into them, from another dealer, then that would be done on a Form 3, and usually in just a few weeks, PRIOR to them initiating a Form 4 transfer to you.

[Conqueror]

Maybe we're wrong, but sounds like you/your dealer attempted the old "I'll submit my Form 4 before the Form 3 is finished to get a head start" trick and got busted.

[66427vette]

Maybe we're wrong, but sounds like you/your dealer attempted the old "I'll submit my Form 4 before the Form 3 is finished to get a head start" trick and got busted.

If that is the case someone is getting a visit.

[dark2023]

This is NCsilencer we're talking about.

Does this mean I may not be getting my suppressor in the time I expected, or possibly at all?

[Conqueror]

You'll get your can, it's very rare that a paperwork issue can't be sorted out. Since you are working with a reputable dealer, step 1 should be calling them and getting them to investigate.

[Bendersquint]

Maybe we're wrong, but sounds like you/your dealer attempted the old "I'll submit my Form 4 before the Form 3 is finished to get a head start" trick and got busted.

Thats where I am putting my money on!

[dark2023]

Dealer responded to me when I asked him about this.

Told me that Huntertown Arms must have messed up the Form 3 on their end. I was told this is extremely common and most likely due to a typo or something of that nature.

[telero]

I'm curious to see how this plays out. It's a hypothetical situation that has been mentioned before, but up until now I don't recall ever actually hearing of a time it happened.

In the past this seems to have worked because a form 3 was super fast and a form 4 was super slow. Even a form 3 that needed a correction would likely be approved before the form 4 hit. Since a form 3 seems to be taking longer now while a form 4 is getting faster, it's not surprising that this occurred. It's the outcome that I'm interested in.

With a form 4 that needed to be returned for correction, it would normally be fairly quick, and you wouldn't go to the back of the line after the correction was made. In this case, I'm wondering if the form 4 will be disapproved and sent back, refund of payment issued, and a new form 4 and payment submitted. I would guess a reason for disapproving the transfer would be that the item wasn't in transferor's inventory. After all, you can't expect the ATF to sit on paperwork for a form 3 that they hope will eventually come through.

[Bendersquint]

I'm curious to see how this plays out. It's a hypothetical situation that has been mentioned before, but up until now I don't recall ever actually hearing of a time it happened.

In the past this seems to have worked because a form 3 was super fast and a form 4 was super slow. Even a form 3 that needed a correction would likely be approved before the form 4 hit. Since a form 3 seems to be taking longer now while a form 4 is getting faster, it's not surprising that this occurred. It's the outcome that I'm interested in.

With a form 4 that needed to be returned for correction, it would normally be fairly quick, and you wouldn't go to the back of the line after the correction was made. In this case, I'm wondering if the form 4 will be disapproved and sent back, refund of payment issued, and a new form 4 and payment submitted. I would guess a reason for disapproving the transfer would be that the item wasn't in transferor's inventory. After all, you can't expect the ATF to sit on paperwork for a form 3 that they hope will eventually come through.

It has happened more often than it should and SOT's have lost their license for it. Its a game of Risk, most likely you will be fine but if not you can lose everything.

I had it happen to me as an SOT. The silencer manufacturer sold me a can that didn't exist. They started the Form3 before the Form2 was even approved. This was a few years ago and it launched a full audit and well safe to say that some people got it in the shorts.

[telero]

I had it happen to me as an SOT. The silencer manufacturer sold me a can that didn't exist. They started the Form3 before the Form2 was even approved. This was a few years ago and it launched a full audit and well safe to say that some people got it in the shorts.

I was under the impression that a form 3 and form 2 could be filed simultaneously. Since the form 2 is not an application just a notification.

[Bendersquint]

I was under the impression that a form 3 and form 2 could be filed simultaneously. Since the form 2 is not an application just a notification.

Not legally.

The Form2 is in fact a notification of manufacturer, but it still has to be approved by the NFA Branch as it initiates the process of entering the new NFA item into the database, aside from the legal side...how can a Form3 be approved if the item isn't in the database?

[telero]

Not legally.

The Form2 is in fact a notification of manufacturer, but it still has to be approved by the NFA Branch as it initiates the process of entering the new NFA item into the database, aside from the legal side...how can a Form3 be approved if the item isn't in the database?

I would call that an ATF paperwork issue.

I would hope that in a revamped eforms the process will be something like this:

Day 1 - Manufacturer submits form 2.
Evening 1 - Batch approval of form 2s from the day.
Day 2 - Manufacturer submits form 3.
Evening 2 - Batch approval of form 3s from the day.
Day 3 - Shipment of item.

[Bendersquint]

Not legally.

The Form2 is in fact a notification of manufacturer, but it still has to be approved by the NFA Branch as it initiates the process of entering the new NFA item into the database, aside from the legal side...how can a Form3 be approved if the item isn't in the database?

I would call that an ATF paperwork issue.

I would hope that in a revamped eforms the process will be something like this:

Day 1 - Manufacturer submits form 2.
Evening 1 - Batch approval of form 2s from the day.
Day 2 - Manufacturer submits form 3.
Evening 2 - Batch approval of form 3s from the day.
Day 3 - Shipment of item.

I like to dream too but I know that it will NEVER happen that way NEVER!

[dark2023]

Again, dealer claims this was an issue on the side of Huntertown Arms, I dont rally care I just would like to have my suppressor by the end of the year, though I realize that isn't likely at this point. I've waiter this long, so a few more months isn't that big a deal.

[66427vette]

Good luck dealing with HTA.

[dark2023]

Called again, issue not yet resolved. They said that I should speak to my dealer, so I shot him an email.

How long should something like this take to clear up?
I was under the impression that it would not be more than a few weeks.