Class III Mail Order question

[-XL-]

I ordered an SBR off the internet. What is the legal status of the gun when the local Class III dealer gets it? Does he "own" it while I wait for the Form 4 to clear? What if there's a hitch with my LEO signature or the BATFE simply shuts down under Obama? Am I out my $$$?

 

[VUPDblue]

Well, when your C3 gets it, it will legally be his until your form clears. As far as your CLEO signoff, I would wager that it won't be a problem. The only CLEO in this state that I have ever heard not signing is the Chief of Police in Hammond. If for some reason you cannot get the signature, there are ways around that...

As for the NFA being shut down, I wouldn't lose any sleep over it.

 

[-XL-]

So if my C3 decides he likes the gun and wants to take it to the range can he do that? If he decides he wants to charge me more for it than what I (already) paid the original owner, can he do that? Can he decide he wants to sell it to someone else, even though I paid for it originally? What legal recourse would I have?

 

[Britton]

Yes, he can screw you. But, why would they do it? My only caution is to deal with a real shop, not a basement FFL/SOT.

 

[VUPDblue]

So if my C3 decides he likes the gun and wants to take it to the range can he do that? If he decides he wants to charge me more for it than what I (already) paid the original owner, can he do that? Can he decide he wants to sell it to someone else, even though I paid for it originally? What legal recourse would I have?

Could you tell us who you are dealing with? As said above, any reputable dealer will leave your stuff alone. He is simply providing you a service (the transfer) and has no say in the price of the gun. It is also not up to him to sell it to someone else. I wouldn't lose any sleep over him screwing you. Most C3s that I know would never do that. Dealing in NFA wares is such a lucrative (not to mention expensive) endeavor, dealers would NOT want to get a reputation of being anything other than agreeable.

 

[shooter521]

dealers would NOT want to get a reputation of being anything other than agreeable.

Of course, as you and I both know, that doesn't stop some dealers from getting that rep anyway.

 

[VUPDblue]

True, but I won't mention the ones that suck.......(unless you ask)

 

[Indy_Guy_77]

True, but I won't mention the ones that suck.......(unless you ask)

*I'm asking*...shhh....

 

[Scutter01]

Regardless of whether they WOULD do it, COULD they? And if they did, what legal recourse would you have (besides suing in civil court)?

 

[Britton]

"what legal recourse would you have (besides suing in civil court)?"

None. I doubt you could even sue without a written contract. Again, I really doubt any dealer would screw a customer out of a transferable. It has happened, it has happened in Indiana but that dealer is out of business and gone and it was the only instance I have heard of in many many years dealing with class three toys.

 

[-XL-]

I originally arranged the transfer through email with a local dealer whom I'd never met, but I went by his shop and became concerned, especially when I came on here and read that some members would not deal with him because they didn't see eye to eye.

After that I called the seller back and arranged for him to call the ATF and switch the transferee to Greg at Beach Grove Firearms. I have no doubt his guys will take care of my new baby while the paperwork slogs through the system but I just wanted to get some opinions from people who'd done this before.

Now I'm hearing that just to do the form 3s is taking 6 to 8 weeks. Add another week or two for the LEO signoff and another two months or more for BATFE and we're well into the next administration....seems like the old days.

 

[VUPDblue]

Ahhhh, yes. You made a good choice arranging to use Beech Grove Firearms.

 

[-XL-]

Actually, it was probably a bad choice to use BGF, because when I go down there to pick up the paperwork, I'll probably come back with a gun I didn't need, then when I go down to "check on things" I'll come back with some accessories I didn't need, then when I finally go back to pick up the weapon I'll come back with yet another gun...

 

[ashylarry]

Actually, it was probably a bad choice to use BGF, because when I go down there to pick up the paperwork, I'll probably come back with a gun I didn't need, then when I go down to "check on things" I'll come back with some accessories I didn't need, then when I finally go back to pick up the weapon I'll come back with yet another gun...

what are you talking about...thats a good thing. Its only a bad thing if the wife finds out

 

[VUPDblue]

Actually, it was probably a bad choice to use BGF, because when I go down there to pick up the paperwork, I'll probably come back with a gun I didn't need, then when I go down to "check on things" I'll come back with some accessories I didn't need, then when I finally go back to pick up the weapon I'll come back with yet another gun...

...and so it begins...

 

[Scutter01]

Its only a bad thing if the wife finds out

You obviously haven't met my wife. She has her own list of NFA items to purchase.

 

[-XL-]

You're one of the lucky ones. I can't bring my wife around to stop calling them "Machine Guns"...

 

[JosephR]

You have no need to worry that the dealer will do anything unethical with YOUR firearm. YES, it's YOUR firearm. You own it but cannot take possession of it until your paperwork clears. The dealer only holds onto the item as he's licensed to deal in these types of items.

Your dealer is only babysitting the item. It's NOT his. If he were to try and sell it after you and he filled out the paperwork and sent it to the ATF- the ATF would definitely have something to say about it. He's not going to screw you.

I had my dealer ask to use my 5.56mm suppressor as he'd never owned a Gem-tech before. He liked it and wanted to check it out.

 

[-XL-]

That's comforting. The form 3 still hasn't cleared yet (2weeks) according to the guy I paid. I knew when I ordered it right before the election that I'd be looking at a loooooong wait.

 

[techres]

That's comforting. The form 3 still hasn't cleared yet (2weeks) according to the guy I paid. I knew when I ordered it right before the election that I'd be looking at a loooooong wait.

So you have to wait for the Form 3 to clear and your dealer to have the item before you can begin your Form 1?