New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

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projo198
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New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by projo198 »

So with the rules changing on July 13th, 2016...will a tax stamp filed under an NFA Trust without fingerprints be acceptable if filed July 12th?
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Bendersquint
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by Bendersquint »

projo198 wrote:So with the rules changing on July 13th, 2016...will a tax stamp filed under an NFA Trust without fingerprints be acceptable if filed July 12th?
Applications in the pipeline will be approved after that date without the needed new requirements. It must be submitted before that date and it is unclear if it has to be pending by that date.

This is based on a conversation with ATF.
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silencer_kid
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by silencer_kid »

USPS postmark seems logical for "submitted date"
eFile timestamp seems logical for "submitted date"

why would batf make it any more difficult than that, the IRS uses same model.

whatever conversation was with atf and they didnt say "usps postmark" or "eFile timestamp" are lost in their own sauce.
tf2addict
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by tf2addict »

"Logical government" is an oxymoron.

Anyway, I keep reading that as long as your application is "pending" you're ok, so the question is what is "pending"? I doubt a USPS postmark qualifies as "pending". I would err on the safe side and get the paperwork in at least two months before July 13th. The deadline may actually be July 4th, ironically. See the following screen capture:

http://i1.wp.com/johnpierceesq.com/wp-c ... Search.png

Support the Hearing Protection Act and get rid of this NFA nonsense from the 1930s.

http://americansuppressorassociation.co ... ction-act/
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silencer_kid
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by silencer_kid »

pending doesnt make sense. they could essentially receive it on 2Feb2016 and it sit on their desk until 20Jul2016 where it goes into a "pending" state.
rimshaker
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by rimshaker »

Legal machine gun registration deadline was May 19, 1986. They used USPS postmark date as the deadline back then. That precedent should be the same for 41F.
tf2addict
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by tf2addict »

As I said, everything I've read from lawyers and dealers discussing ATF41P says "pending" but no one knows what "pending" means. I wouldn't take a chance on depending on postmark.

http://blog.princelaw.com/2015/11/27/atf-41p-update/

Hence, all information currently suggests that if your application is pending at the time any new regulation goes into effect, your application will be grandfathered, as it complied with the regulations, when it was submitted. Obviously, everyone will want to know what constitutes pending (e.g. mailing, receipt or cashing of one’s check). Again, unfortunately, we don’t know; however, there are pretty good arguments that it should be triggered upon ATF’s receipt.
rimshaker
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by rimshaker »

Another good example for precedent are IRS tax forms. Official filing deadline is determined by USPS postmark date.

Just plan accordingly. Obviously i'd feel more comfy with a "check cashed" or "pending" status. Postmark date should be the last ditch effort.
projo198
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by projo198 »

Weill just launched a Form 1 last week to build a suppressor, and I always efile. It sat "in research" for a few hours and then went to "pending".

If it goes through as I submitted it I will probably just submit others for suppressors in each caliber that I want and call it good.

Just because I receive an approved stamp back doesn't mean I have to build it yet.
Kramer
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by Kramer »

silencer_kid wrote:pending doesnt make sense. they could essentially receive it on 2Feb2016 and it sit on their desk until 20Jul2016 where it goes into a "pending" state.

I called a month ago to get the pending date on a can transfer that I sent in back in October and the Dude refused to give me the pending date.
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silencer_kid
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by silencer_kid »

Kramer wrote:
silencer_kid wrote:pending doesnt make sense. they could essentially receive it on 2Feb2016 and it sit on their desk until 20Jul2016 where it goes into a "pending" state.

I called a month ago to get the pending date on a can transfer that I sent in back in October and the Dude refused to give me the pending date.
maybe the batf backend is sharing with healthcare.gov and they simply lost the data about your form-1.
geez, if Dominos can show me when my pizza is in/out of the oven in realtime, batf should be able to give you realtime status somehow !
TX Archer
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by TX Archer »

Silencer Shop says they were told the USPS postmark date will determine which rules to follow.

http://blog.silencershop.com/details-atf-41f/
tf2addict
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Re: New ATF ruling, 180 days from when entered in registry, are trust stamps submitted before that date good?

Post by tf2addict »

SS also says the two year exemption does NOT apply to fingerprints or photos, only the trust document. Who cares about sending in another copy of the trust document??
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