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NEED GOOD NFA ATTORNEY


mike todd

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GOT , myself in ANOTHER mess through zero fault of my own, and it looks like its going to take a civil suit to make any attempt to correct it. IN dec 2017, I registered for a live telephone bid and bought several examples , both NFA and modern. this was with a major auction house that holds 4/5 large auctions per year and most are 3 day or more. one of the items I won was  listed as a C+R made by the WWII Springfield Armory. After I paid for all my items, I called them to add payment for the packing/ shipping and confirm they had both my C+R and the FFL that receives my modern items. I felt something was weird because they stated they had shipped the NFA- C+R to my dealer because it was faster using the "E-transfer" and it had been approved and was gone. nothing I could do at that stage so I left it alone .  MY dealer called when it arrived and said the only thing that matched on paper work was the serial number. it showed an individuals name as the MFGR and the additional markings section states " GENERAL MOTORS" .   I need to know where we stand,  due to the actual paper work and he MFGR etc.  The value in the market place and too me is substantially less than represented not to mention the legal issues and registration status . the lot number pics , confirmed the gun was indeed Springfield armory and WWII era and the serial number is the same as on the paperwork. they even provided a copy of the production papers at Springfield confirming that actual serial number and production date. now we posses it, marked exactly as represented, but not even close on the registration forms. I need some recommendations  for  someone to represent me that can handle this situation.  (SIGH)  mike todd

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   Sorry to hear about your situation. Of course I’m not an attorney but I’d say the item was misrepresented and you have grounds to make a case. 

   Joshua Prince (Prince Law Offices) is an excellent attorney when it comes to NFA stuff. He is out of Pennsylvania. Link to his website with contact info below.

https://www.princelaw.com/attorneys/joshua-g-prince/

Aaron - Mohnton, Pa

Edited by Aaron in Mohnton Pa
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Aaron, THANK YOU FOR THE INFO ! that's the second rec for Joshua , so it sounds like good info.  GADS why is honest effort rewarded with things like this these days? thank god Hitler came when he did because we certainly don't have the social resources to beat him now. cheers mike

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I am happy to help if Mr. Prince cannot. Depending on the state in which the transaction occurred and the language in the documentation, you may find yourself having to hire an attorney in that state to clear up the mess.

Nick Davitian, Esq.
Firearm Estate Services
http://www.firearmestateservices.com

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NICK, thank you for the contact info, the sale was in IL.  destination texas. it has gotten really strange now. I was advised this am that the transfers to the auction house show the individual in texas, DBA,  SPRINGFIELD ARMORY as the mfg'r, no mention of GENERAL MOTORS and the forms "e-filed" said nothing about "GENERAL MOTORS" . however the approved form received by my dealer state the individuals name with no mention of "DBA SPRINGFIELD.  and  has GENERAL MOTORS in the additional information on firearm section. it might be possible that the "E-FILE" allowed some type of typo? its strange that the form received by my dealer is completely different than the one claimed as "E- FILED" I know the individual named on the form owned the name springfield armory in the early 70's.  he sold it to the REESE FAMILY in IL that makes all the M1A's now. how convenient to have a gun actually made by the WWII U.S. armory registered as manufactured by the "aftermarket" manufacturer. at best that will effect its C+R status. even if all the forms get corrected , it would be close to 6 months before I find out if the C+R transfer is valid. as it sits I have informed all party's of my concerns. I cant take action until they make a final response , but I felt it best to have my belts loaded and be cocked and locked to proceed. thank you again MIKE 

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  • 2 weeks later...

UPDATE.after all the research to date, this is another example of ATF going all the way back to the first registration to confirm the description, mfgr   , etc. before processing the new transfer. when the transfer to the auction house was completed the approved forms clearly show the Manufacturer to be "SPRINGFIELD ARMORY , MASS USA.  THE Auction House also secured and provided original manufacturing records by serial number for this gun to be in 1949 which was part of the description at the sale. the forms completed and approved by "E- FILE" show the manufacturer to be ELMER BALANCE DBA, SPRINGFIELD ARMORY , which will obviously cancel any C+R eligibility . in this case a picture of the registration forms added to the description, only would have backed up the misinformation  and no help at all. looks like we are both going to end up losing at this stage, but nothing has been finalized at this point  (sigh) more later  mike

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  • 1 month later...

UPDATE !   HOORAH. all the smoke has cleared and ALL the approved forms were compared.  after we sent emails and copies to ATF about the problem, it was turned over to Ted Clutter and James Robertson a firearms program specialist for NFA at the ATF.  the "answer" to the problem was explained as a "glitz" in the E-File system and info from not related transfers was combined on our completed form? the results were the manufacturer and original registration dates were WRONG. they explained that a NEW and PROPER approval would follow confirming the C+R status.  only time will tell ? MIKE

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