I have one answer for you, switch to another FFL. If your FFL cannot even figure out what is and is not regulated, it is time to move on. The rest of it is just an additional headache.
Everything else is going to an IP here from this point on. What they are sitting on is regulated, so whether they file it or someone else files it, either way I'll be waiting, its just a matter of how much I want to pay in double transfer fees. I'm still waiting for a call back to ensure they actually filed my April app.