41P???

[th3w01f]

Any thoughts on how 41P is going to affect forms already in progress? I know it's all just speculation at this point but I'm curious what people have heard.

I'm thinking about buying two suppressors that are in inventory but I'd hate for 41P to screw things up in the middle.

[paddywagon]

Nobody knows, if anybody says anything other i believe they are mistaken. Buy what you want and let the dice roll. Lot of speculation but no real answers.

[J]

Nope, no way to know. But here are some things I expect:

1. I expect that if a form is PENDING, it will be allowed to proceed under the old rules. The few times that the ATF has made changes, they have exempted forms already PENDING from the changes. They don't have to do this again, but history says that is what they 'usually' do.

2. I expect it to take some time before 41P is even decided. They still have to complete responses to all comments submitted before last December. After that, they will likely change a couple of small things on 41P based on the comments. When they change anything, they usually open another comment period with the modified version of the proposal. Then rinse and repeat. Again, who knows if they will, but this is what I expect.

3. Without looking up the date, I believe they said they would make a decision in July/August, can't remember which. The ATF has (more than just a few times) on the promised decision date: decided to postpone the decision for more months and/or indefinitely. This is a possibility.

So... with the caveat that IANAL, and I am not responsible if you buy a can and then have it stuck in limbo if they go against all of my assumptions with 41P:

If I were you I would proceed as normal, and submit for your stamps. Good news is even paper stamps look to be getting closer to 6 months again, and if you get yours in soon there is a good chance you could have it by the time 41P is even decided.

[th3w01f]

Thanks for the replies. I think I'll proceed and hope for the best.

Another question... what happens if it goes the other way and now there's no way my CLEO will sign off on the stamp (Douglas County)? I understand that the $200 will be refunded by the ATF but I'm not finding much on what happens with the item. Do dealers typically do a refund, can they resell for you and refund after sale, etc?

[J]

That is a question for the dealer. I can't imagine any reputable dealer not helping you out in some way or another. Even if it means that they charge you some additional $50 or $100 service fee to sell it to someone else, you should at least be able to get a good chunk back.

[th3w01f]

That is a question for the dealer. I can't imagine any reputable dealer not helping you out in some way or another. Even if it means that they charge you some additional $50 or $100 service fee to sell it to someone else, you should at least be able to get a good chunk back.

That's what I'd expect too. I understand it's going to take them some time to resell and that shouldn't be free.

What is the actual status of ownership of a device in a situation like that? It reminds me of the thread about Gun Smoke and how they'd make people pay before a BGC and then not do a refund if they didn't pass.

[J]

Its a weird ownership status... as far as normal law is concerned you technically have paid for the item, and payment was accepted and therefore own said item, but it has not yet been transferred to your possession. So in theory, you should be able to pay whatever their private transfer fee is to sell it out to another person via form 4.... but form 4s deal with transfer of possession, so you can't form 4 from you to the other individual, even through an SOT dealer because a form 4 was never approved to transfer it from the dealer to you. It still has to form 4 from the dealer to the other individual, so you are really at their mercy. BUT... why would they turn down an extra $100 profit or whatever you offer to transfer it out to another individual, and settling the remainder privately? Its perfectly legal to do so.

But to compare to the crap Gunsmoke pulled.... That is what could happen with a crappy enough dealer. They are not required to refund anything to you if you don't get approved. They can't legally sell it to anyone else either.... unless you give permission or agree to some terms on the sale.

[th3w01f]

But to compare to the crap Gunsmoke pulled.... That is what could happen with a crappy enough dealer. They are not required to refund anything to you if you don't get approved. They can't legally sell it to anyone else either.... unless you give permission or agree to some terms on the sale.

Thanks for the info and I agree that Gunsmoke doesn't fit unless the dealer decides to be a dick.

[paddywagon]

Hopefully this election we might get a CIII friendly Sheriff in office.