Latest and greatest on wait times.
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Thread: Latest and greatest on wait times.

  1. #1
    Distinguished Member AFJuvat's Avatar
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    Latest and greatest on wait times.

    Just like what I can only expect are hundreds of thousands of others, I submitted the last of my NFA purchases before 41F went into effect.

    I E-filed 2 x Form 1s, and had to paper file a Form 4, which needed to be transferred to FL under a Form 3 (E Filed)

    Form 3 - Submitted 6/30/16 Approved, 8/5/16. Form still not received at dealer.

    Per the NFA branch, Form 1 and Form 4 are taking 6 - 7 months for approval at this point.
    Last edited by AFJuvat; 04-05-2017 at 07:59 AM.
    To speak without thinking is to shoot without aiming.

    “There are no dangerous weapons; there are only dangerous men.”

  2. #2
    Distinguished Member AFJuvat's Avatar
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    Form 1 (E-File)
    Submitted: 5/31/16
    Approved: 12/19/16
    203 days

    Form 4 (Paper)
    Submitted: 6/23/16
    Check Cashed: 6/28/16
    Approved: 4/3/17
    Stamp Received: (still waiting)
    280 Days

    Form 1 (E-file)
    Submitted: 7/5/16
    Approved: (still waiting)
    275 days and counting.
    To speak without thinking is to shoot without aiming.

    “There are no dangerous weapons; there are only dangerous men.”

  3. #3
    Distinguished Member 45Freak's Avatar
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    You are a patient man, much more than I am.
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  5. #4
    Distinguished Member AFJuvat's Avatar
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    Quote Originally Posted by 45Freak View Post
    You are a patient man, much more than I am.
    I wanted to have at least one can and one SBR, but they were not at the top of the want list.

    Since I had the trust, I figured I would actually use it before I had to get the whole family together to get pictures and prints.

    I still need to get a barrel for the SBR that was approved in December.
    To speak without thinking is to shoot without aiming.

    “There are no dangerous weapons; there are only dangerous men.”

  6. #5
    Distinguished Member BrianB's Avatar
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    It is inconceivable to me that any court in the land would say that a 203 day waiting period to purchase a firearm could possibly pass constitutional muster - if one were to file such a suit and phrase it that way. Insanity.
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  7. #6
    Distinguished Member AFJuvat's Avatar
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    Quote Originally Posted by BrianB View Post
    It is inconceivable to me that any court in the land would say that a 203 day waiting period to purchase a firearm could possibly pass constitutional muster - if one were to file such a suit and phrase it that way. Insanity.
    For what it is worth, I agree with you.

    You would think that once you are in the NFA registry as an owner, for any additional NFA items, you should be able to E-file the form, pay your tax and get a stamp by email almost immediately, as you have already been through the vetting process.

    Just to play Devil's Advocate, the BATFE isn't technically delaying my PURCHASE of anything.

    It wasn't 203 days to purchase the SBR, I bought, paid for, and took the lower receiver home immediately. It was 203 days after paying the tax to receive authorization to BUILD a NFA registered firearm. If it was challenged, I am sure the BATFE's position would be that there was nothing legally stopping me from putting a non-SBR upper on it and using it, or for that matter, putting a SBR upper on it with a pistol brace.

    They might have a little more difficulty justifying the delay with the can, because while I purchased and paid for it back in June, I have been prohibited by law from taking lawful possession of my personal property for 280 days while waiting on a government agency to authorize the tax paid TRANSFER of the item. During this 280 day wait, it has been in the possession of a legal entity, where the only distinction between us is that entity pays $150/per year for a FFL07 and an additional $500/year for a 02 SOT.
    To speak without thinking is to shoot without aiming.

    “There are no dangerous weapons; there are only dangerous men.”

  8. #7
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by AFJuvat View Post
    For what it is worth, I agree with you.

    You would think that once you are in the NFA registry as an owner, for any additional NFA items, you should be able to E-file the form, pay your tax and get a stamp by email almost immediately, as you have already been through the vetting process.

    Just to play Devil's Advocate, the BATFE isn't technically delaying my PURCHASE of anything.

    It wasn't 203 days to purchase the SBR, I bought, paid for, and took the lower receiver home immediately. It was 203 days after paying the tax to receive authorization to BUILD a NFA registered firearm. If it was challenged, I am sure the BATFE's position would be that there was nothing legally stopping me from putting a non-SBR upper on it and using it, or for that matter, putting a SBR upper on it with a pistol brace.

    They might have a little more difficulty justifying the delay with the can, because while I purchased and paid for it back in June, I have been prohibited by law from taking lawful possession of my personal property for 280 days while waiting on a government agency to authorize the tax paid TRANSFER of the item. During this 280 day wait, it has been in the possession of a legal entity, where the only distinction between us is that entity pays $150/per year for a FFL07 and an additional $500/year for a 02 SOT.
    All waiting periods (that I know of) will let you pay the dealer for the gun and be the lawful owner of the gun, but not take possession. I had to do a waiting period for my first handgun purchase back when I was 21 and I paid for and was the lawful owner of the gun, even though I could not take possession of it.

    And the SBR thing only works out the way you illustrated when the "receiver" is the lower. For guns where the receiver is the part with the barrel in it, and for guns where the barrel is pretty inconvenient to change (e.g. HK94, HK91) then for all practical purposes you may not take possession of the firearm in any way until it is approved.

    As you pointed out, with the can it is very cleanly a complete prohibition until approved - as it would be for machine guns, most AOW's, destructive devices, etc.

    The only way they could escape the issue would be to argue that you have no constitutional right to any NFA firearms as they are all "dangerous or unusual" and therefore outside the scope of Heller. Sadly, they would probably win on that point.
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  9. #8
    Distinguished Member AFJuvat's Avatar
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    Form 1 (E-File)
    Submitted: 5/31/16
    Approved: 12/19/16
    203 days

    Form 4 (Paper)
    Submitted: 6/23/16
    Check Cashed: 6/28/16
    Approved: 4/3/17
    Stamp Received: 4/11/17
    280 Days

    Form 1 (E-file)
    Submitted: 7/5/16
    Approved: 4/11/17
    281 Days
    Last edited by AFJuvat; 04-11-2017 at 04:11 PM.
    To speak without thinking is to shoot without aiming.

    “There are no dangerous weapons; there are only dangerous men.”

  10. #9
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    Quote Originally Posted by BrianB View Post
    All waiting periods (that I know of) will let you pay the dealer for the gun and be the lawful owner of the gun, but not take possession. I had to do a waiting period for my first handgun purchase back when I was 21 and I paid for and was the lawful owner of the gun, even though I could not take possession of it.

    And the SBR thing only works out the way you illustrated when the "receiver" is the lower. For guns where the receiver is the part with the barrel in it, and for guns where the barrel is pretty inconvenient to change (e.g. HK94, HK91) then for all practical purposes you may not take possession of the firearm in any way until it is approved.

    As you pointed out, with the can it is very cleanly a complete prohibition until approved - as it would be for machine guns, most AOW's, destructive devices, etc.

    The only way they could escape the issue would be to argue that you have no constitutional right to any NFA firearms as they are all "dangerous or unusual" and therefore outside the scope of Heller. Sadly, they would probably win on that point.
    Yes. When I got my can from DSC, they said that by the law, it was mine the minute I paid for it. Hence I could visit and shoot it to my heart's content. Just couldn't take it home til the stamp came back.
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