Old signatures question

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otto486
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Old signatures question

Post by otto486 »

Hello, I purchased a can from out of state over the summer and while waiting for form 3 to clear, I went ahead and took care of all the form 4 paperwork. Its an individual transfer, so I had to get CLEO sign off and all that jazz. Unfortunately, for whatever reason, my dealer's form 3 has yet to clear (It's been 7 months). He has been very helpful and understanding with the issue and has maintained good contact with me. My question is, since all of my paperwork was signed in July, if I submit it now, will it hangup because of the signature dates?

Thanks for your time and advice.
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66427vette
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Re: Old signatures question

Post by 66427vette »

Think I would be calling about that form 3. Something is not right.
karb
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Re: Old signatures question

Post by karb »

otto486 wrote:Hello, I purchased a can from out of state over the summer and while waiting for form 3 to clear, I went ahead and took care of all the form 4 paperwork. Its an individual transfer, so I had to get CLEO sign off and all that jazz. Unfortunately, for whatever reason, my dealer's form 3 has yet to clear (It's been 7 months). He has been very helpful and understanding with the issue and has maintained good contact with me. My question is, since all of my paperwork was signed in July, if I submit it now, will it hangup because of the signature dates?

Thanks for your time and advice.
Isnt the Can is supposed to be in dealers hand before submitting F4.
rjacobs
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Re: Old signatures question

Post by rjacobs »

submit within 12 months of signature date I think is the time frame.
John K
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Re: Old signatures question

Post by John K »

otto486 wrote: Isnt the Can is supposed to be in dealers hand before submitting F4.
Yup.
rjacobs wrote:submit within 12 months of signature date I think is the time frame.
+1
RJT
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Re: Old signatures question

Post by RJT »

John K wrote:
otto486 wrote: Isnt the Can is supposed to be in dealers hand before submitting F4.
Yup.
Hmmm, I could have started the form 4 on a Spectre II that was pending the form 3 at my dealer. Was told as long as the SN is in process on the form 3, I could get the process started on my end.
You keep using that word. I do not think it means what you think it means.
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Bendersquint
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Re: Old signatures question

Post by Bendersquint »

RJT wrote:
John K wrote:
otto486 wrote: Isnt the Can is supposed to be in dealers hand before submitting F4.
Yup.
Hmmm, I could have started the form 4 on a Spectre II that was pending the form 3 at my dealer. Was told as long as the SN is in process on the form 3, I could get the process started on my end.
How can the dealer transfer legal ownership of a silencer that he does not have legal ownership of himself?

He can't.

Even if he managed to get the timing right, what happens of the silencer is lost in transit before it gets to him or for whatever reason damaged? How does he report to the ATF that a silencer was damaged if it isn't him and then have him try explaining it to the ATF how he is transferring legal ownership of something he doesn't legally own.

What if the ATF denies the F3 transfer to the SOT?

Am I saying that it doesn't happen? NO. It does happen often and I have seen more SOT's than I care to scrambling and freaking out when Murphy visits them for trying to do things they shouldn't be.
otto486
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Re: Old signatures question

Post by otto486 »

Perhaps I wasn't specific enough on the situation. I am a resident of one state, but am a college student at another. I was about to leave the state for 4 months and just wanted the paperwork completed so I did not have to try to attain a CLEO and FFL signature via mail. I then sat on the paperwork and waited until the form 3 cleared... which it has not. The only reason the dealer in my state was willing to sign the paperwork is because I showed them proof of the form 3 that the out of state dealer had sent me to verify that it was an in process form. I will call him again tomorrow. If he has not heard anything back, what are my options to find out what is going on?
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Bendersquint
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Re: Old signatures question

Post by Bendersquint »

otto486 wrote:Perhaps I wasn't specific enough on the situation. I am a resident of one state, but am a college student at another. I was about to leave the state for 4 months and just wanted the paperwork completed so I did not have to try to attain a CLEO and FFL signature via mail. I then sat on the paperwork and waited until the form 3 cleared... which it has not. The only reason the dealer in my state was willing to sign the paperwork is because I showed them proof of the form 3 that the out of state dealer had sent me to verify that it was an in process form. I will call him again tomorrow. If he has not heard anything back, what are my options to find out what is going on?
Plain and simple, your SOT can not legally transfer an item he doesn't legally own himself.

You have ZERO options on finding out what is going on. YOU may have paid for the item but until you have submitted a signed Form4 from your SOT AFTER he has the item in inventory the business transaction(as far as the ATF is concerned,(which is all that matters really) is between the seller SOT, and your SOT. You can not legally check the status of it since you aren't involved in the transfer.

Your SOT can take the serial number from the seller SOT and call for the status, thats it.

Sit back, relax and wait for the process to happen. That is the best advice anything else is looking for problems.
otto486
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Re: Old signatures question

Post by otto486 »

I figured as much with my options with the Form 3. I'm just trying to make sure that when it does finally clear my paperwork won't be kicked back to me since the dates are so far off. Thanks very much for your time and advice.
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Bendersquint
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Re: Old signatures question

Post by Bendersquint »

otto486 wrote:I figured as much with my options with the Form 3. I'm just trying to make sure that when it does finally clear my paperwork won't be kicked back to me since the dates are so far off. Thanks very much for your time and advice.
As long as the CLEO is within 1 year you should be fine. I have seen a Form that was almost 2 years from the CLEO's signature to the ATF approval.
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