I've got cans that I am waiting on stamp to come back.
The SOT that has them is going through renewal and I am not 100% sure it is going to work out.

So, my question. If he doesn't renew, and he has my cans, what do I do? When the stamps do come can I still get the cans since the process started when the FFL was valid? I fear they have to be transferred to another and I have to start from scratch.

I'd call the ATF and ask them. There has to be a process in place to handle this situation. It must come up all the time. Your FFL can't legally possess an NFA item they don't have a license for.

FFL/SOT here. How long ago did he file the paperwork? Do you have the serial numbers? I'd call the ATF and ask the status of your items. Can't be the first time this has happened, and besides...it's his problem, not yours really. Once he filed the form 4 and ATF approves, they are not his cans anymore. They belong to you.

quote:

Originally posted by dry-fly:
FFL/SOT here. How long ago did he file the paperwork? Do you have the serial numbers? I'd call the ATF and ask the status of your items. Can't be the first time this has happened, and besides...it's his problem, not yours really. Once he filed the form 4 and ATF approves, they are not his cans anymore. They belong to you.

Paperwork was submitted in mid April. I did a trust and my wife and I did all the photo/fingerprint cards etc. Supposedly the cans are there at his shop, but I haven't seen them. I don't have any other information. His license just expired end of August. He is saying his new SOT came in and he is good there and supposedly his FFL is coming in.
I've been giving the guy some grace. He was really good in the past, but his wife is in bad shape with cancer (she is in her late 30's, really young) that all came up after we submitted our paperwork. I am pretty sure that is what has him in a mess.

He won't be able to transfer to you or to another dealer without a current FFL and SOT. I have never heard of the ATF making an exception, but you never know. He has reporting requirements now that his FFL lapsed. Technically, the ATF is supposed to take possession of his inventory. They usually give the FFL a couple months to get things current.

If he doesn't quick enough, they will take possession of his inventory and you'll probably never see your can. I would stay on him and call the ATF. They may put a fire under him.

If he is a sole proprietor, the store inventory should revert to him. Worst case, you do a Personal Form 4 from him to yourself. At least this was how it was last time I ran into a similar situation. I have also heard of 'personal' form 4's being rushed through NFA to get them off the store inventory and into the owners hands if the forms were submitted with appropriate lead time however, this was before the rule changes that sent pickup loads of Form 4's to ATF NFA branch about a year ago.

I actually went thru this with my first can purchase. When I called the ATF they advised me that the dealer had to maintain his license long enough to deliver any sold inventory.

As it turned out... he ended up arrested and his inventory seized. I ended up getting it from my local ATF office.

Amen - he got his stuff straight. I think I dodged a bullet.

Applicants worst nightmare. Glad it all worked out.

Update -
I started this in February of 2017. I paid for and started paperwork first week of March 2017. They didn't mail it until sometime in April 2017 I believe. Then a ton of drama on license.

All 4 form 4's have been "pending" since November 13th, 2017. I've been watching NFA tracker and approvals are starting to come back from that time period so I gave ATF a call.
All 4 they said an error letter was sent out this week on May 14, 2018 that there was missing information on responsible person questionnaire.

I am so F'ing tired of screwing with this dealer. I really think I need to abandon this with this jerkoff and get them form 3'ed over to another one and start over.

Error letter means your items are on deck... get the corections made A SAP and resubmitted ! And you'll have your items in about 7-10 days!!

They didn't put the correct address on the responsible person questionnaires.

We ran by and signed the corrected ones.

Place is a mess. I thought his wife had gotten better but she didn't and probably down to a month or so to live if that.

I have tried to be patient, but it's been a struggle. The fellow's niece is pretty much running the place and she is horrible about following up.

FMRB - all 4 approved!!!