Got my denials today on Form 4 SBRs, PO'd pre Oct. 1

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  • vwluv10338

    Active Member
    Jan 13, 2009
    393
    I realllllllllllllly hope they don't screw up my MAC again over the SBR BS. I don't think I could stomach it again
     

    bobthefisher

    Durka ninja
    Aug 18, 2010
    1,214
    Definitely not where you are!
    I thought I read a thread that said the MD related stuff was going to one examiner because of all the Bravo Sierra associated with the MD law. That would only make it worse if numerous examiners are doing this, unless it's approved because they don't know better. :sad20:

    Maybe not.

    Not true. There might me a "lead" examiner for the state of Maryland, but as of right now Jason Dicken, Ted Clutter, and couple others are doing the MD stuff.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Ted Clutter is supervisor at NFA branch. The disapprovals were signed by a "normal" examiner, and then by Clutter, their supervisor. Hopefully this has been resolved, but u have no idea what's going on in Martinsberg.
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    Date of application was June 13.
    Date of denial was December 14.
    6 months, almost to the day.

    Yeah, this sux and is a PITA. I'll update folks on this as I progress.

    I'm pretty slammed at work right now so I'm not sure I'll be able to turn to this until after the New Year (as others have pointed out, these gov guys are probably on leave until then anyway).

    Thanks all!

    6 months on a Form 1 is total BS. Was it a paper submission by any chance?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    I agree-instead of improving-it's gotten worse. Much worse IMO. I have sent in 3 5320.20's for the same address and the same SBR. None of them have ever returned to me.

    As Chad said-a mess.
     

    lamontjb

    Member
    Aug 13, 2014
    32
    Well, I guess I should expect my form 4 to get denied then. ATF cashed my $200 check yesterday and I submitted for an AAC MPW OAL 29.5". I still have hope though...
     

    lamontjb

    Member
    Aug 13, 2014
    32
    Well, I think the interpretation of the dealer was first ATF, then handgun roster... as it has worked for them before on similar firearms. I see that some of the interpretation here is first handgun roster, then ATF. I'm trusting my dealer and will see how it goes. Either way, the next roster board is in Feb and I expect to see it go to the board. Will let you know either way.
     

    lamontjb

    Member
    Aug 13, 2014
    32
    They are going to kick that F4 back.

    ok, I think that's a huge possibility, but are you basing that from the recent kick backs or the fact that the firearm isn't on the handgun roster? because even the recent kick backs were on the handgun roster according to the poster. I'm just looking for some info that says the atf approval is based on the handgun roster. I'm not even arguing the fact that it must eventually be on the roster, just the atf part.

    Oh and I hope your wrong... 99.9% for the reason that I get the firearm sooner than later, .1% so I can say you were wrong ;)

    baby in hand, typing with the other, sorry for any misspelling
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    ok, I think that's a huge possibility, but are you basing that from the recent kick backs or the fact that the firearm isn't on the handgun roster? because even the recent kick backs were on the handgun roster according to the poster. I'm just looking for some info that says the atf approval is based on the handgun roster. I'm not even arguing the fact that it must eventually be on the roster, just the atf part.

    Oh and I hope your wrong... 99.9% for the reason that I get the firearm sooner than later, .1% so I can say you were wrong ;)

    baby in hand, typing with the other, sorry for any misspelling

    Has nothing to do with recent kickbacks.

    A SBR is a handgun per MD Law, therefore ATF will consider that when approving a Form 4. In MD it is ILLEGAL for a dealer to offer for sale ANY handgun to a MD resident that isn't on the MD handgun Roster. A form 4 is a transfer therefore its not legal to do a form 4 for a SBR in MD unless its on the roster. Yes the NFA branch knows about it and will deny it. ATF considers MD and Federal Law when approving Form 1s and Form 4s.

    Your dealer is essentially breaking MD law if they submitted a form 4 that's not on the roster.
     

    lamontjb

    Member
    Aug 13, 2014
    32
    ATF will consider that when approving a Form 4

    I understand the MD laws on SBRs = handguns. I'm asking whether you can reference something that shows the ATF is using the handgun roster as a reference. I'm not disputing that the firearm must eventually be on the handgun roster before it goes home. I'm not even going to dispute the "breaking MD law" part either, but what are you referencing when you say that the ATF will consider the handgun roster? Obviously both need to happen, again, just asking what your reference is to show which must happen first. This would be helpful so I can actually reference something tangible to my dealer besides "the guy on the forums said it, so it must be true". help me out...
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    I understand the MD laws on SBRs = handguns. I'm asking whether you can reference something that shows the ATF is using the handgun roster as a reference. I'm not disputing that the firearm must eventually be on the handgun roster before it goes home. I'm not even going to dispute the "breaking MD law" part either, but what are you referencing when you say that the ATF will consider the handgun roster? Obviously both need to happen, again, just asking what your reference is to show which must happen first. This would be helpful so I can actually reference something tangible to my dealer besides "the guy on the forums said it, so it must be true". help me out...

    MD Law is what you reference. You can't do a 77r or a Form 4 before a handgun is on the roster, to do so is offering it for sale. Its not legal.

    ATF follows MD Law too before approving NFA items. There is no reference, they follow the law. Your dealer should know this.
     

    bobthefisher

    Durka ninja
    Aug 18, 2010
    1,214
    Definitely not where you are!
    ok, I think that's a huge possibility, but are you basing that from the recent kick backs or the fact that the firearm isn't on the handgun roster? because even the recent kick backs were on the handgun roster according to the poster. I'm just looking for some info that says the atf approval is based on the handgun roster. I'm not even arguing the fact that it must eventually be on the roster, just the atf part.

    Oh and I hope your wrong... 99.9% for the reason that I get the firearm sooner than later, .1% so I can say you were wrong ;)

    baby in hand, typing with the other, sorry for any misspelling

    They will with 110% certainty deny that Form 4. This is not only from recent events, but also talking directly with the ATF. If I were you, I would call the the ATF to see if they can put your application on hold, and then make sure your dealer gets that thing on the handgun roster ASAP. I'm not sure when the next meeting is taking place, but if you call up the major industries partners here they'll help you and your dealer figure that out. I believe there was just one here recently (December), so the next one might not be for about another three months, or whenever the board decides to meet again.
     

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