Class 3 Dealers - am I getting screwed?


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brighamr
January 26, 2013, 04:47 PM
Hello All,

On December 17th I paid for my first class 3 weapon (Mac 10 with suppressor on a form 3 in wisconsin). I understood that the seller (who is a class 3 dealer) would have to transfer it to a dealer in my state who would then transfer it to me. I paid the asking price and an extra $90 for priority shipping the day after I won the auction.

I called the seller the first week of january and he said "we're working on it". I spoke to the seller yesterday asking about the status again and he informed me that he hadn't even started "the paperwork" but would get to it soon. I asked how long it would take to get to my local dealer and he stated "probably a year the way things are going" and at my continued insistence he stated "at least a couple months".

When I bought my first suppressor, it arrived at my local dealer in two weeks. We filled out the paperwork and it was approved in 6 weeks. It's already been over a month and this dealer hasn't even shipped it to my dealer yet.

Questions:
Is it typical for a dealer to take this long to "start the paperwork"?
How long does a dealer to dealer transfer typically take?
What work is involved in dealer to dealer transfers? (assuming file a batf form and ship the item... is there more to it than that?)
Considering it's been over a month and he hasn't done anything... what can I do? Is there anything I can do legally to expedite the process?

I understand with the current gun frenzy in the nation that things will take longer than normal. I also undertand for me to get my application approved will probably take forever. What I don't understand is how someone can be paid a large sum of money and do nothing. I appreciate your responses.

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243winxb
January 26, 2013, 06:38 PM
brighamr "What work is involved in dealer to dealer transfers? (assuming file a batf form and ship the item... is there more to it than that?")
9.4.1 ATF Form 3. Transfers by FFLs/SOTs to other FFLs/SOTs require the filing of ATF Forms 3,
Application for Tax Exempt Transfer and Registration of a Firearm, to register firearms to the
transferees.166 See also Section 3.2.6.4. Appendix C contains a copy of the form. In these transactions,
transferors have no liability for the transfer tax. As previously stated, Forms 3 must be approved by
ATF before transfers may be made. My guess is your looking at 3 months till it gets to your dealer. :confused: (i am not a dealer)

mbogo
January 26, 2013, 06:41 PM
Some dealers are more laissez-faire than others. If he hasn't even started the paperwork, you've run into a real slacker. You should post his business name so the rest of us can avoid him.

From what I've read, NFA Branch is taking 2-3 months to approve dealer-to-dealer transfers. Add to that the 5-6 months for your Form 4 to be approved, a couple of weeks shipping time, and you're looking at 7-9 months from when the paperwork arrives at NFA Branch.

mbogo

ATCDoktor
January 26, 2013, 06:57 PM
On December 17th I paid for my first class 3 weapon (Mac 10 with suppressor on a form 3 in wisconsin).

My most recent Form 3 was processed and weapon transfered to my dealer in 30 days (that was this past November).

Is it typical for a dealer to take this long to "start the paperwork"?

No

What work is involved in dealer to dealer transfers?

Selling dealer fills out a Form 3, faxes it to ATF and they do their thing, approved Form 3 is sent back to selling dealer, selling dealer logs it out of his book, boxes it up and ships the item.

Mine usually take a month from payment recieved till the item gets to my Dealer.

Some people have had worse luck WRT to Form 3 transfers, some have had better, YMMV with your dealers motivation and ATF's workload.

Again, mine have never taken more than a month and thats with 20 or so individual transfers for various items (Machineguns, Suppressors, SBS's and AOW's) and my most recent (as previously stated) was in November (before all this madness).

Considering it's been over a month and he hasn't done anything... what can I do? Is there anything I can do legally to expedite the process?

I can't think of anything legally you can do. What will help the rest of the community is to "out" the dealer so no one else will have to deal with him and his laziness.

Bubbles
January 26, 2013, 07:44 PM
Assuming that your local FFL/SOT has sent his license information to the seller, there is no reason for the seller to have not submitted the F3's (there will be 2, one for the gun and one for the suppressor) to the ATF by now. We're seeing them processed in 3-4 weeks.

Flyincedar
January 27, 2013, 12:27 PM
Same here, Form 3s processed and items received in about 4 weeks. Yep, you're getting screwed

juan916
January 30, 2013, 01:48 AM
My form 3 took a little over 4 weeks

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