What happens if a dealer goes out of business.

patwa · Post by **patwa** » Mon Nov 19, 2012 3:20 pm

Got to ask, as a friend and I have cans pending at a dealer and for the last couple of weeks we have not been able to contact them. Answering machine initially, but just tried to call and only rang and rang. Needless to say we are a little concerned. The wait is bad enough but now this. If they would have gone out of business, where would we stand?

Historian · Post by **Historian** » Mon Nov 19, 2012 4:33 pm

patwa wrote:Got to ask, as a friend and I have cans pending at a dealer and for the last couple of weeks we have not been able to contact them. Answering machine initially, but just tried to call and only rang and rang. Needless to say we are a little concerned. The wait is bad enough but now this. If they would have gone out of business, where would we stand?

Ouch!

Hopefully some of the gray beards here can offer some sound advice.

And this raises the issue of what prevents a Silencer maker from being paid directly and then sending it
to your regional dealer after you have been approved. Eliminates the middle man
and you local man gets $50.00 for his transfer. Similar to buying arms with licensed dealer to dealer.

Sincerest wishes for your constructing a successful resolution.

David Hineline · Post by **David Hineline** » Wed Nov 21, 2012 12:50 am

If a dealer goes out of business best case scenario is BATFE fast tracks their pending transfers and you get something early.

If the dealer is a sole proprietor then when the FFL is gone all inventory becomes his personal guns and he proceeds to transfer from himself to you.

Worst case he never started the paperwork and you have no proof of ownership and he is keeping your money and silencer.

patwa · Post by **patwa** » Sat Mar 02, 2013 3:23 am

An update on this. It is soon going to be six months since the ATF check was cashed(9/17). I tried a couple different ways to contact the dealer who has the can, with no success. I called the ATF and the application was sent to the examiner last week, so it should clear soon. I asked about the situation and he transferred me to someone and I got a recording. I left a message explaining things and left my contact information. I am trying to remember who was on the recording and I keep thinking it was Siviero, but she is not over Louisiana. In any case, I do have the state approval paper, so ownership has been established.
I will post when I get the answer from the ATF.

66427vette · Post by **66427vette** » Sat Mar 02, 2013 3:25 am

ATF will not get involved "it is a civil matter". Good luck.

Chris88 · Post by **Chris88** » Sat Mar 02, 2013 5:45 am

patwa wrote:An update on this. It is soon going to be six months since the ATF check was cashed(9/17). I tried a couple different ways to contact the dealer who has the can, with no success. I called the ATF and the application was sent to the examiner last week, so it should clear soon. I asked about the situation and he transferred me to someone and I got a recording. I left a message explaining things and left my contact information. I am trying to remember who was on the recording and I keep thinking it was Siviero, but she is not over Louisiana. In any case, I do have the state approval paper, so ownership has been established.
I will post when I get the answer from the ATF.

I am in the same boat kind of. I placed the order with them in Oct for two suppressors $750.00. They did not place the order. Now I am getting paper work from the Bankruptcy court. I have to call one dectative to make a police report. And get in touch with the backruptcy lawer. But I can't them to return calls

If you want I can PM you what I have. If this is the same place 10-8 tactual.

patwa · Post by **patwa** » Sat Mar 02, 2013 8:22 am

Chris88, different establishment, my dealer was in Lafayette. Your story sounds worse than mine. Hope things work out for you. I tried to look up 10-8 and their website is down. While I was on the computer I went and checked and my dealer's website is still up. I figured what the hell and called their phone number and actually got the answering machine. That made me hopeful that they will call back in the next few days.

Chris88 · Post by **Chris88** » Sat Mar 02, 2013 8:36 am

patwa wrote:Chris88, different establishment, my dealer was in Lafayette. Your story sounds worse than mine. Hope things work out for you. I tried to look up 10-8 and their website is down. While I was on the computer I went and checked and my dealer's website is still up. I figured what the hell and called their phone number and actually got the answering machine. That made me hopeful that they will call back in the next few days.

Good luck, I hope it works out for you.

piglatinhater · Post by **piglatinhater** » Sat Mar 02, 2013 12:19 pm

Good luck, both of you!

OJB4 · Post by **OJB4** » Sat Mar 02, 2013 2:57 pm

patwa wrote:Chris88, different establishment, my dealer was in Lafayette. Your story sounds worse than mine. Hope things work out for you. I tried to look up 10-8 and their website is down. While I was on the computer I went and checked and my dealer's website is still up. I figured what the hell and called their phone number and actually got the answering machine. That made me hopeful that they will call back in the next few days.

PM me. I'm in the same boat with likely the same dealer. And my form 4 should be at his shop by now. Pisses me off to say the least! He also owes me for an element 2 that I don't think he ever ordered from a year ago!!!!!

yamatitan · Post by **yamatitan** » Sat Mar 02, 2013 6:39 pm

patwa wrote:An update on this. It is soon going to be six months since the ATF check was cashed(9/17). I tried a couple different ways to contact the dealer who has the can, with no success. I called the ATF and the application was sent to the examiner last week, so it should clear soon. I asked about the situation and he transferred me to someone and I got a recording. I left a message explaining things and left my contact information. I am trying to remember who was on the recording and I keep thinking it was Siviero, but she is not over Louisiana. In any case, I do have the state approval paper, so ownership has been established.
I will post when I get the answer from the ATF.

Siviero is doing Louisiana now!

OJB4 · Post by **OJB4** » Sat Mar 02, 2013 7:54 pm

Yep. That's who signed off on my forms last week.

cyclone72 · Post by **cyclone72** » Sun Mar 03, 2013 7:18 am

WTF is up with these rogue dealers?

Condolences fellas, hope things work out for ya.

Kramer · Post by **Kramer** » Sun Mar 03, 2013 9:29 am

cyclone72 wrote:WTF is up with these rogue dealers?
Condolences fellas, hope things work out for ya.

In tough times dealers come and go. I do hope that it works out for these guys.

Chris88 · Post by **Chris88** » Sun Mar 03, 2013 10:23 am

Kramer wrote:
cyclone72 wrote:WTF is up with these rogue dealers?
Condolences fellas, hope things work out for ya.
In tough times dealers come and go. I do hope that it works out for these guys.

The smart dealers will stay on business. I know one he stocked up before the shf. For me every thing is tied up in court. I had to write a letter to the credit card company telling them what happened. Trying to get a police report and call the attorney. It was pass the 190 days so they need to review it. It was my first time buying suppressors what a way to start. I did order some more suppressors from another dealer. I should get my stamps in mid June.

patwa · Post by **patwa** » Mon Mar 04, 2013 7:25 am

"ATF will not get involved "it is a civil matter". "

66427vette, maybe you know. I was thinking about this. When it clears, I will be the registered owner of that can. I am not supposed to let anyclass III of my posession. Am I responsible for that suppressor? Should the ATF at least know that I am not in posession of it?

Historian · Post by **Historian** » Mon Mar 04, 2013 8:08 am

patwa wrote:"ATF will not get involved "it is a civil matter". "

66427vette, maybe you know. I was thinking about this. When it clears, I will be the registered owner of that can. I am not supposed to let anyclass III of my posession. Am I responsible for that suppressor? Should the ATF at least know that I am not in posession of it?

I think that there is another venue for you to take to ensure that if the dealer or his cohorts use the suppressor
that BATF has registered to you that you are not held "catch-22" criminally responsible.

Contact your Senators and each of your Congresspeople to get them involved. The seriousness
of your circumstances makes it mandatory that they send letters to the head of BATF and
to galvanize them to action. Post haste.

And again who here has information on what prevents suppressor makers from having
a direct 'sales office' for buyers. Guarantee they would be mega reliable.

Good luck and get your Senators involved.

66427vette · Post by **66427vette** » Mon Mar 04, 2013 9:27 am

People I know this happened to had to have an attorney step in. ATF Will not get involved. The dealer that has this item can even cancel the transfer if he wants. If he plays hardball you will need to go to court. Another I know guy ended up calling ATF to cancel the transfer himself deciding it was not worth time and money for a 300. 22 can. I see this all the time lots of shady dealers around me.

patwa · Post by **patwa** » Mon Mar 04, 2013 1:28 pm

My friend who also had a can pending with them just got the call. They are honoring their pending orders. Good news indeed.

patwa · Post by **patwa** » Sat Mar 30, 2013 5:27 am

I got the call two days ago and picked my can up yesterday. Everyone I have talked to who had something pending with them got their stuff. Happy ending to this story.

Chris88 · Post by **Chris88** » Sat Mar 30, 2013 6:17 am

patwa wrote:I got the call two days ago and picked my can up yesterday. Everyone I have talked to who had something pending with them got their stuff. Happy ending to this story.

I am glade yall had a happy ending. The store that went out of business gave back the stuff that the customers had in the store. But they are not giving back the money for things that was suppose to be order. So my fight goes on.

ericlw · Post by **ericlw** » Sat Mar 30, 2013 1:59 pm

this one thing is exsactly why i do business with one dealer here in houston. This is the main reason i do business with them even though they arent the cheapest.i think people out to save a little bit of money run the chance of dealing with way more hassle.

Chris88 · Post by **Chris88** » Sat Mar 30, 2013 3:52 pm

ericlw wrote:this one thing is exsactly why i do business with one dealer here in houston. This is the main reason i do business with them even though they arent the cheapest.i think people out to save a little bit of money run the chance of dealing with way more hassle.

Not all of the time the shop I was dealing with was a big shop.

GoingQuiet · Post by **GoingQuiet** » Tue Apr 02, 2013 2:12 pm

patwa wrote:"ATF will not get involved "it is a civil matter". "

66427vette, maybe you know. I was thinking about this. When it clears, I will be the registered owner of that can. I am not supposed to let anyclass III of my posession. Am I responsible for that suppressor? Should the ATF at least know that I am not in posession of it?

Whats anyclass III?

Class III is a rate of taxation, not a person place or thing.

Bendersquint · Post by **Bendersquint** » Tue Apr 02, 2013 4:26 pm

patwa wrote:"ATF will not get involved "it is a civil matter". "

66427vette, maybe you know. I was thinking about this. When it clears, I will be the registered owner of that can. I am not supposed to let anyclass III of my posession. Am I responsible for that suppressor? Should the ATF at least know that I am not in posession of it?

Technically and legally until the dealer signs the approved items out of his bound book he is legally the owner, even with an approved stamp in hand. The transaction is completed when it is signed out of the bound book.

It can be cancelled by the SOT at any point up to signing it out of his book.

You are not responsible for anything until you have signed for the item via 4473.

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