HB277 Passed by Senate today

[InterstateGuns]

Class 3 stuff has to (that is until this is signed) be approved by the state before paperwork could be sent off to the ATF.
State approval time used to take 3 to 4 weeks some time ago. About a year ago it became 2 months to process. Now recently I have heard 6 months to process.

If I am being told correctly, forms would go straight to the ATF for approval of signed.
In other words, it should cut the time down on getting a can in say 7 to 8 months versus a year.

Thanks! Guess its time to go silent.

 

[sportsbud]

So do we know if Aug 15 is the official start date? I have to say that was the main reason why i held off on getting any NFA was the state requirements..

 

[JNieman]

No effective date was written into the bill text that was just signed.

http://www.statescape.com/resources/Effective_dates/effective_dates.aspx

If an effective date is not within the bill text, the bill will always become effective on August 15 of the year that the bill passed the Legislature (in 2012, this date changes to August 1). This rule also applies to bills that pass into law without the Governor’s signature. For special sessions, the bill would become effective 60 days after adjournment of the special session.

http://louisiana.gov/Government/Legislative_Branch/#effective_date

Effective Date of Laws
All laws enacted during a regular session of the legislature take effect on August fifteenth of the year in which the regular session is held. All laws enacted during an extraordinary session of the legislature take effect on the sixtieth day after final adjournment of the extraordinary session in which they were enacted. All laws are published prior to passage in the official journal of the state. However, any bill may specify an earlier or later effective date.

That's my uneducated, google-fu estimate without knowing anything more specific or exceptional about this particular law.

 

[sportsbud]

No effective date was written into the bill text that was just signed.

http://www.statescape.com/resources/Effective_dates/effective_dates.aspx


http://louisiana.gov/Government/Legislative_Branch/#effective_date


That's my uneducated, google-fu estimate without knowing anything more specific or exceptional about this particular law.

Hmm... looks like that would be the answer thank you!

 

[JWG223]

So do we know if Aug 15 is the official start date? I have to say that was the main reason why i held off on getting any NFA was the state requirements..

They used to be transparent. Couple of weeks added, tops. Now, it's ridiculous. Like waiting for the federal approval twice.

 

[Freedombyforce]

They used to be transparent. Couple of weeks added, tops. Now, it's ridiculous. Like waiting for the federal approval twice.

It took 4 months starting in Jan 2013 to get my SBR Paperwork back from LA. It has taken 5 months for my local Class3 dealer to get his LA paperwork back for my suppressor so i still have to go through that whole process again. Ive got 2 more cans on order so this bill is a welcome sight. On a can, LA will end up adding 8 to 10 months to the entire process. I spoke with the CCW division of LA today to complain a bit more, and she told me about this bill, so they are aware of it and welcome the paperwork reduction. The big issue is that the class 3 paperwork goes into the same pile as the CCW permit paperwork, and as you know everyone in the friggin state deceided they needed a gun ammo and a cc permit.

 

[airrick]

If I want to send off a Form 1 right now, should I just go straight to the ATF? By the time the ATF looks at the paperwork August will have passed and LA will no longer have a state registration requirement.
Or do I still need to send the LA paperwork and have this bill be in effect before I even get the paper work back.

 

[JNieman]

If I want to send off a Form 1 right now, should I just go straight to the ATF? By the time the ATF looks at the paperwork August will have passed and LA will no longer have a state registration requirement.
Or do I still need to send the LA paperwork and have this bill be in effect before I even get the paper work back.

Good question!

 

[jgreco15]

If I want to send off a Form 1 right now, should I just go straight to the ATF? By the time the ATF looks at the paperwork August will have passed and LA will no longer have a state registration requirement.
Or do I still need to send the LA paperwork and have this bill be in effect before I even get the paper work back.

My guess is that you could send it off now and not have to worry about state. When you send your form 1 or 4 into ATF, it goes into pending status and then sits in a stack until its time for the examiner to check it. When the examiner gets to it, it is called the "final review" period. If you were to send in a Form 1 without state paperwork (before this bill) and your forms came up for final review, your forms would be put into "problem status" for the missing state approval and you would be notified via letter. I think that if you submitted a F1 today, August 15 would come before your form 1 was up for final review status. Then again, this is just speculation, as is the Aug 15 date.

If I were sending off a F1 or F4 now, I would do it without the state paperwork.

My real question is what happens to the current state registration? I know it won't disapprear but can we remove an item from the state registry without removing it from the ATF registration?

 

[HawkDriver]

I am a Class 3 FFL/SOT in Shreveport. I spoke with both Ms. Wyndie in the Louisiana State Police, Concealed Handgun Unit (they process the Apps to Register and Transfer) and the Louisiana Examiner at ATF yesterday. According to LSP, the implementation date of the
revised law will be August 15. Any forms that are in the possession of LSP prior to that date WILL BE processed. When I spoke with Ms. Siviero at ATF, she was unaware of any pending legislation to repeal the need for the duplicate state forms. She asked that I send
her an email with the details, to which I did. She then spoke with her supervisor and was made aware that they are tracking this. ATF
is currently waiting for state validation and implementation, August 15. My current wait times at LSP have grown from less than a
week to between 5-6 weeks. You can wait till August and send your forms straight to ATF, or you can send them to LSP and save
approximately a week or 2. As for what happens to the state registration database, good question.

 

[JNieman]

Thanks for that follow up, HawkDriver, I was about to shoot a text to another FFL/SOT when I saw this thread bumped.

What's your opinion on what happens if you send a Form 1 or Form 4 off right now, to the ATF without State approval? My personal plan is to include a cover letter like normal, including my contact info and request to contact me if there are any problems, and include a reference to the new LA law, and maybe print out the text of the bill with passage details. I just figure it never hurts to be thorough.

 

[HawkDriver]

JNieman,
I can’t answer that. As anal, I mean meticulous, as some of the ATF examiners are, you may get caught up in a situation of Form 1/4 signed prior to August 15 and no application to transfer/register was sent in. They then could require you to go back and get the state approval even though you are now past the magic date. Keep in mind this all speculation. You very well could send it in without, be put in the back of the line and by the time they get to you its November and you’re good. When dealing with both Louisiana as well as Federal bureaucracy, it might get a little confusing between now and August 15.

 

[MURFYLEE]

I decided to send them both at the same time, last week I sent my state paper work to lsp and also sent the form 1 for an SBR, thinking it will be past August 15 before it goes for final review, I'm still waiting on state paperwork for 2 cans. 1 in January and 1 in march

 

[dixiejarhead]

I'm waiting until august 15th.

 

[Lafsnguy]

HB 277 signed by Jindal today.

http://gov.louisiana.gov/index.cfm?md=newsroom&tmp=detail&articleID=4110

 

[JNieman]

I'm waiting until august 15th.

Ended up just doing the same, here. I went to ask around with some more legally experienced folk, and just realized that if I had to ask, I may as well just wait. Another couple months ain't gonna kill me.

 

[dixiejarhead]

Ended up just doing the same, here. I went to ask around with some more legally experienced folk, and just realized that if I had to ask, I may as well just wait. Another couple months ain't gonna kill me.

Figured it just gives me more time to get the form 1's ready and the money orders set aside to mail all in at once....

Got one 5320.20 to do, and four form 1's

 

[JWG223]

So as a worst-case, if you sent in RIGHT NOW without the state form, you would be placed in error status and then you would send in the state form and in a month or so, have your can (after error status, this is typically the timeframe after correction?)

With 6-9 month approval times, and 5 month state-form times, this would cut total process time to 7-10 months, if true, unless I have misunderstood things, as by the time you are in error status and a month or so from approval, you will have your state form in hand if the 5 month trend is correct, which for me, it has been a tiny bit less.

 

[dixiejarhead]

I would just wait until aug 15th to mail it and that way you only deal with the atf wait. No extra reason for them to delay you...

 

[Lafsnguy]

I've put in a call to the NFA branch to see what they say regarding the limbo between today and august 15th. I'll post back if they give me a call back.