Received letter today from BATFE regarding purchase from Diversified Machine

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  • rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,248
    Harford County
    Let's not get distracted from the fact that there is no legitimate reason for suppressors to be regulated at all. It's all ridiculous ********.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    Huh, it's almost like what I said earlier in the thread was exactly correct, and people were in denial about what a form 1 actually does. What a shock.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,840
    Bel Air
    Huh, it's almost like what I said earlier in the thread was exactly correct, and people were in denial about what a form 1 actually does. What a shock.

    I’m with you. I can’t fathom how a form 1’er could get dinged.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,426
    variable
    There's 2 other gun lawyers on YouTube that are have clients in the same boat that are saying that they spoke to the ATF and that clients with approved form 1s are not the target of the investigation in YouTube videos so I guess we will see where this goes but reddit have several people claiming to have spoken to the local atf field office with them saying approved form 1s are good and not a problem. So we will see where this goes.

    What a shock. Left hand doesn't know what right hand is doing.
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,588
    God's Country
    I’ve had my lawer draw up a letter stating I’m a form 1 holder and the items I purchased from DM were done so legally. The’ll probably never respond to that letter.

    I found out that a a friend of a close friend who lives in PA got a letter too. This was a strange coincidence as I was discussing the letter with my friend a few weeks ago then this other guy he knows through work mentioned he got a letter too. He put the two of us in contact with one another figuring we might want to compare notes.

    His lawyer is apparently representing over 60 people who have all received letters. Many of his clients are not form 1 holders. He explained that he was told by this lawyer that he is recommending to his clients who ARE form 1 holders to just sit tight and so not respond to the letter.

    His explanation was that it appears that the ATF field office in Flint really acted alone here and that lawyers across the country are getting contradictory information from various field offices. This lawyer had apparently personally spoken sever ATF officials including the office in Washington State. And while that office maintains that all purchased items are contraband, it does not appear to be a firm consensus within the agency’s higher ups. It appears that this issue is now just beginning to work it’s way up through the ATF’s legal department. He also said that his lawyer had spoken to someone at ATF who claimed a follow up letter would be going out at some time, with more clarification, but no comment on when that might occur.

    So who the hell knows where this is going.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,063
    I’ve had my lawer draw up a letter stating I’m a form 1 holder and the items I purchased from DM were done so legally. The’ll probably never respond to that letter.

    I found out that a a friend of a close friend who lives in PA got a letter too. This was a strange coincidence as I was discussing the letter with my friend a few weeks ago then this other guy he knows through work mentioned he got a letter too. He put the two of us in contact with one another figuring we might want to compare notes.

    His lawyer is apparently representing over 60 people who have all received letters. Many of his clients are not form 1 holders. He explained that he was told by this lawyer that he is recommending to his clients who ARE form 1 holders to just sit tight and so not respond to the letter.

    His explanation was that it appears that the ATF field office in Flint really acted alone here and that lawyers across the country are getting contradictory information from various field offices. This lawyer had apparently personally spoken sever ATF officials including the office in Washington State. And while that office maintains that all purchased items are contraband, it does not appear to be a firm consensus within the agency’s higher ups. It appears that this issue is now just beginning to work it’s way up through the ATF’s legal department. He also said that his lawyer had spoken to someone at ATF who claimed a follow up letter would be going out at some time, with more clarification, but no comment on when that might occur.

    So who the hell knows where this is going.

    To quote Sir Albert G. There seems to be "no controlling authority"...

    At this point, I'd let them come. You have representation.

    Thanks for the update J.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,840
    Bel Air
    I’m not sure if I ever bought anything there. If so, I just bought threaded tubes. SDTA sells threaded tubes as barrel shrouds. I did not get a letter. If there was a number I’d have called and asked to get an official letter that anything I had violated the law.
     
    IANAL
    ToolAA has council and an approved Form 1 prior to his purchase from DM. Contrary to Erwos' "I told you so", logic says The BATFE has nothing to stand on here.
    I mentioned many pages ago that I recently bought a kit from Quiet Bore. They required a copy of my tax stamp to fulfill the order and even engraved my tube. What is different?
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,588
    God's Country
    Quiet Bore has told the ATF that their components are silencer parts and DM didn’t? Maybe?


    I think what may be occurring behind the scenes here is this:

    If the ATF had a case against DM, it is based on their determination that everything sold by DM was a silencer part, and thus sold illegally. What happens to the purchasers of those parts was the after thought. The ATF probably does not have the manpower nor the desire to hunt down and start knocking in doors of 10-20 thousand purchasers, especially ones who have Form-1’s. This is the dilemma that the Flint office has inadvertently created for the entire agency. By openly accepting Form-1 holders as legal creators of NFA items, they weaken their case against DM. Logically, if the Form-1 holder is the creator, then DM was not creating and selling suppressors. If they win their case against DM then they have to knowingly look the other way regarding those of us who purchased suppressor parts from DM, all be it, unknowingly.

    I guess it’s popcorn time.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,063
    I think what may be occurring behind the scenes here is this:

    If the ATF had a case against DM, it is based on their determination that everything sold by DM was a silencer part, and thus sold illegally. What happens to the purchasers of those parts was the after thought. The ATF probably does not have the manpower nor the desire to hunt down and start knocking in doors of 10-20 thousand purchasers, especially ones who have Form-1’s. This is the dilemma that the Flint office has inadvertently created for the entire agency. By openly accepting Form-1 holders as legal creators of NFA items, they weaken their case against DM. Logically, if the Form-1 holder is the creator, then DM was not creating and selling suppressors. If they win their case against DM then they have to knowingly look the other way regarding those of us who purchased suppressor parts from DM, all be it, unknowingly.

    I guess it’s popcorn time.

    Ultimately, I feel the courts will say they can't have it both ways.
     

    Vatreni4Life

    Active Member
    Sep 24, 2021
    122
    HoCo
    I figured I would post this here to see if anyone else has received one of these letters recently from BATFE. I realize this is in open forum but my intention is to at least help others be aware of the situation.

    b1ce646a15a9361c478c2568e2743e2d.jpg




    For the record I did purchase parts from Diversified Machine to complete a Form 1 suppressor. Once I received my stamp sometime in 2017 I ordered the parts. I had the tube Engraved at a local dealer and finished my assembly thereafter. All done totally by the book.

    I’m just trying to figure out the best method to respond. Send them a copy of my stamp and a photo of the suppressor? I guess if I need to pay my lawyer to send an official letter I could if it seems like it’s worth it.


    Edit 12/30/21

    I’ve decided I’m going to reach out to an attorney and see if crafting simple response letter makes sense. If anyone else who is a member here in good community standing, and has received one of these letters AND had the proper NFA authorization to own these parts, pm me and we’ll chat response strategy in private.
    Seems like you did it by the book... don’t make any sense to me. Lawyer up
     

    traveller

    The one with two L
    Nov 26, 2010
    18,426
    variable
    IANAL
    I mentioned many pages ago that I recently bought a kit from Quiet Bore. They required a copy of my tax stamp to fulfill the order and even engraved my tube. What is different?

    Two possibilities:

    - QB holds a SOT stamp as manufacturer of NFA items, is allowed to own the parts and has a process in place that requires an approved Form1 before they transfer parts to the ultimate 'maker' of the completed item.

    - ATF hasn't gotten around to raiding QB yet.
     

    ToolAA

    Ultimate Member
    MDS Supporter
    Jun 17, 2016
    10,588
    God's Country
    I just stumbled onto this Reddit post about the former owner of Diversified Machine. It looks like he was either found guilty of a crime or plead guilty. Apparently his sentencing hearing was tomorrow.

    He went missing on Monday and was found dead in his pickup. Looks like suicide by CO poisoning.



    73a573a023d856b27ab56bc603695007.png


    Posting here but I have been unable to corroborate or verify this story at this time.


    Sent from my iPhone using Tapatalk
     

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