Question about transferring suppressors on a 4473

[Bill in Bama]

I've had several Silencer Shop customers contact me recently asking if I will transfer their can on a 4473.  I tell them "no" and why.  Seems there are some in my area that are willing to do so.  I know the arguments about the narrow ruling in Texas, etc. but beyond that I want to know how an SOT removes the suppressor from his inventory once the 4473 is completed?  Legally, as I see it, they still reside in the SOT's inventory and the transferee is illegally possessing an suppressor, and if a compliance check is done on the SOT, the suppressor that shows in his inventory is not there.  What am I missing?  

[Maddog7580]

I continue to transfer on a form 4, and will do so until ATF resolves the issues and provides written direction. For the sake of the purchaser, who may need to complete a 5320.20 interstate transport, it's not clear how the purchaser would get ATF approval to transport out of state if the registry doesn't have the item(s) in the purchasers inventory... It would remain to show in my inventory. Until this, and all other issues, are resolved, I will continue to transfer on a form 4. I'm not interested in maintaining a paper trail to prove a purchaser was eligible to receive a SBR, SBS or Suppressor in accordance with the court order. There's too many unanswered questions and not worth the risk. 

I don't know how ATF could possibly remove an item from a dealers inventory without a form 4 or 3 transfer???? 

I hear all the stories out there about 4473 transfers, and I respect their decision to do so, I'm not willing to deal with the possibilities at a later time.

I'm proceeding the "safe way" until ATF provides clear instructions.

 

Edited September 14 by Maddog7580

[Uncle Zeek]

Bill, as I understand it, for a dealer to do only a 4473 (no form 4), that dealer has to be a member of the lawsuit, such as Palmetto State Armory, or a GOA member.

 

I'm continuing to do forms 4 until ATF says otherwise.

 

[Bill in Bama]

25 minutes ago, Uncle Zeek said:

Bill, as I understand it, for a dealer to do only a 4473 (no form 4), that dealer has to be a member of the lawsuit, such as Palmetto State Armory, or a GOA member.

 

I'm continuing to do forms 4 until ATF says otherwise.

 

Yes, that’s my understanding too, but even then, how does the item get removed from the SOT’s inventory?

[Navgunner]

17 minutes ago, Bill in Bama said:

Yes, that’s my understanding too, but even then, how does the item get removed from the SOT’s inventory?

I asked this specific question to my ATF liaison, and the only answer that he was able to provide was to just keep good records… that’s it. For me, I’m not changing any of my procedures until I feel more comfortable.

[Bill in Bama]

That’s very reassuring—not.  

[SGT Fish]

Just got done with a compliance inspection.  IOI said they were told not to comment on it. But they dont seem concerned about people doing it. We cant in ohio yet. But he said they are expecting dealers to still require an SOT, and itll be a pain to take stuff off the nftr and how a dealers books wont match up with it. 

[MPFiveO]

59 minutes ago, SGT Fish said:

IOI said they were told not to comment on it.

This just gives me all kinds of warm fuzzy vibes.

[Rick Lee]

The only way I can see it getting resolved is for the Form 3 to go away for covered items and with some kind of amnesty or blackout period until everyone gets up to date.  Distributors would still need to dispose to dealers' A&D books, but with no Form 3 going to eForms.