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Discussion Starter · #1 ·
I paid for two silencers back in March. I stipulated the deal had to go through before the 41F rules.

On silencer did not make it by the cutoff date... now what? The manufacturer is not responding to me after their last email saying "We normally do not issue refunds"

Near as I can tell, my next phone call needs to be to my attorney, but MAN, I hate to go that route, it's expensive and time consuming, and generally sucks for everyone involved...

Other options? Suggestions?
 

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Do you have written proof that they are in violation of a delivery contract with you ?
If not , then unless you can get them to state that such a promise was made between you in a letter / e-mail , there is not much you can do as it's word against word .
Chris
 

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Discussion Starter · #3 ·
The entire deal was set up via email, and yes, I checked, it's all "In Writing". I was born at night, but it wasn't LAST night ;)
 

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Then forward them copies of the e-mails , point out that they did not meet the deadline , and that you would like a refund . If they refuse , then contact the credit card company ( you used a CC , right ? ) , explain it to them , and have them take care of it .
Chris
 

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The other thing you can do is set up a sale of the suppressor so that when it arrives at your dealer/FFL-SOT, the new buyer just starts the transfer process to them instead of you.

Provided Form-4 transfer paperwork has not been started.

It'd be the same process if, for example, someone buys a suppressor then discovers that they are not allowed to posses it. The SOT is the owner until it is sold.


What kind of suppressor is it? If it is a desirable model and you got a decent price on it, you may break even or even profit. 41F is not the end of the world.
 

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Are you talking about F3s to your dealer or F4s to you? If F3s, the change does not affect anything. If F4s to you were submitted to ATF prior to July 13 on the old F4s with CLEO signature, they will process them. You do not specify what "did not make it by the cutoff date". Does this mean that the forms were not processed before the cutoff date or not submitted or what?
did okne form get processed and was it an F4?
 

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Assuming this was the usual Mfg->F3->Dealer->F4->You, was the delay getting the F3 approved or something else? ATF was taking 2 to 3 months on F3s in Oct '15 last time I did some.
 

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I understand what you have in writing and could go through legally, but don't you want the suppressor? You could establish a breach of contract and get a refund and possibly legal fees. But - If you are planning on a Form 1 or Form 4 in the future, why not use this as an opportunity to understand the new process. You need a photo and fingerprints. Your local CLEO is only informed, no approval is needed. Yeah it's a PIA, but your willing to get a lawyer so you don't have to fill out extra paper work? Were all going to have to go through this if we want our toys.

DaveB
 

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Discussion Starter · #9 ·
Thanks for the discussion, a couple of follow up answers: I paid by check, for two supressors. (Can you do a charge-back on a check?) One suppressor did not show up. The dealer to dealer paperwork cleared in time, but the actual suppressor did not arrive, and my dealer did not want to start the form-4 on items he did not have in hand.

Why not just learn the new process and go take ownership? Fingerprints. Specifically, the company owners are scattered across the US, and getting everyone fingerprinted will take some time. Plus, some of the owners are hard to reach and may not be willing to be fingerprinted. I realize this is MY problem, but that is why I was working to hard to avoid it.

When the wheels fell off the deal, I filled out a Form-1, and managed to E-submit it two days before the deadline. I wanted a factory can, but one built in house is better than nothing at all.
 
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