ATF form 4 disapproval

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  • erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,891
    Rockville, MD
    I have a dozen SBRs submitted for this meeting. We have a dedicated examiner, and the expedited form 5 is just a bulk transfer that the examiner approves. I can fill you in on the process.
    There is a part of me that wants to skip work and hit the roster meeting on the 19th just to see how the hell they react to a pile of SBRs being dumped in their lap for the first time.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,859
    Bel Air
    There is a part of me that wants to skip work and hit the roster meeting on the 19th just to see how the hell they react to a pile of SBRs being dumped in their lap for the first time.


    Sounds like a hoot. :lol2:
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    So, I got a call from Sam Cook, who advised me that I need to fax him something saying his approval would have me violating MD law. Especially the Grandfathered items! He tried to tell me they received my paperwork on Oct.3rd, and I advised him, that via the post office, it was Officially Mailed before on Nov. 26th. Which puts it before the Oct.1st deadline. So, is there any info out there I can send off?


    Sent from my iPhone using Tapatalk
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    Just got a disapproval from ATF on a Form 4 of a Daniel Defense MK18, which is measured at >29". The reason stated is "Prohibited by State law--Assault Weapon"


    So, I got a call from Sam Cook, who advised me that I need to fax him something saying his approval would have me violating MD law. Especially the Grandfathered items! He tried to tell me they received my paperwork on Oct.3rd, and I advised him, that via the post office, it was Officially Mailed before on Nov. 26th. Which puts it before the Oct.1st deadline. So, is there any info out there I can send off?

    Also, I called MSP, and Jason Edwards states, "The law is interpreted as ANY RIFLE PURCHASED BEFORE THE OCT.1 DEADLINE CAN BE BUILD INTO ANY CONFIGURATION/LENGTH ONE DESIRES!! THERE IS ABSOLUTELY NO RESTRICTIONS ON ANY WEAPON BEFORE THAT DATE!!!! WE'VE BEEN GETTING AN INFLUX OF PEOPLE WITH THIS PROBLEM AND OUR CAPTAIN WILL BE ADDRESSING THIS ISSUE SOON WITH THE ATF!"


    Sent from my iPhone using Tapatalk
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    So, I got a call from Sam Cook, who advised me that I need to fax him something saying his approval would have me violating MD law. Especially the Grandfathered items! He tried to tell me they received my paperwork on Oct.3rd, and I advised him, that via the post office, it was Officially Mailed before on Nov. 26th. Which puts it before the Oct.1st deadline. So, is there any info out there I can send off?

    Also, I called MSP, and Jason Edwards states, "The law is interpreted as ANY RIFLE PURCHASED BEFORE THE OCT.1 DEADLINE CAN BE BUILD INTO ANY CONFIGURATION/LENGTH ONE DESIRES!! THERE IS ABSOLUTELY NO RESTRICTIONS ON ANY WEAPON BEFORE THAT DATE!!!! WE'VE BEEN GETTING AN INFLUX OF PEOPLE WITH THIS PROBLEM AND OUR CAPTAIN WILL BE ADDRESSING THIS ISSUE SOON WITH THE ATF!"


    Sent from my iPhone using Tapatalk

    Correct. We met with Edwards and another Corporal on Monday to discuss these issues, and will hopefully be seeing some clarification soon. I'm holding off on any litigation right now based on the substance of that meeting, but things need to change.
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    Correct. We met with Edwards and another Corporal on Monday to discuss these issues, and will hopefully be seeing some clarification soon. I'm holding off on any litigation right now based on the substance of that meeting, but things need to change.


    I also called Bak the ATF, and they realized I sent the form 1's to Atlanta 1st, and they sent them to WV, who didn't get them until AFTER the 1st of Oct.. However, the OTHER guy (not the *******), told me, "Faxing my paperwork of the dates of purchases for my items is All they'll need!" :-) so I'll be faxing shortly! I also told them, that State law supersedes Federal in a matter like this, therefore, if MD is telling you "Grandfathered rifles can be any length, Marylanders should not be having this problem.".


    Sent from my iPhone using Tapatalk
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,140
    DPR of MoCo
    I also called Bak the ATF, and they realized I sent the form 1's to Atlanta 1st, and they sent them to WV, who didn't get them until AFTER the 1st of Oct.. However, the OTHER guy (not the *******), told me, "Faxing my paperwork of the dates of purchases for my items is All they'll need!" :-) so I'll be faxing shortly! I also told them, that State law supersedes Federal in a matter like this, therefore, if MD is telling you "Grandfathered rifles can be any length, Marylanders should not be having this problem.".


    Sent from my iPhone using Tapatalk

    I'd love to see that in writing...my grandfathered lower shouldn't be limited to 29" OAL even if the ATF received the paperwork tomorrow. I already had the lower.
     

    armed ferret

    Banned
    BANNED!!!
    Sep 23, 2008
    7,943
    McDoogal's
    not to mention, i still have yet to build on a couple lowers i purchased nearly 10 damn years ago. how would i prove pre-october possession on something i definitely don't have the receipt for (considering I didn't even think i'd be in MD at any point, let alone have ridiculous shit like this passed)?
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    not to mention, i still have yet to build on a couple lowers i purchased nearly 10 damn years ago. how would i prove pre-october possession on something i definitely don't have the receipt for (considering I didn't even think i'd be in MD at any point, let alone have ridiculous shit like this passed)?

    I wonder if ATF would accept a signed, notarized affidavit that you possessed a firearm legally prior to October 1, 2013.
     

    Devil Dog

    Active Member
    Sep 20, 2013
    587
    I also told them, that State law supersedes Federal in a matter like this, therefore, if MD is telling you "Grandfathered rifles can be any length, Marylanders should not be having this problem.".


    Sent from my iPhone using Tapatalk

    I don't think Maryland law supersedes Federal law (state law rarely does). But Maryland law doesn't forbid you from owning/making the SBR so ATF should approve.

    Sent from my SAMSUNG-SGH-I337 using Tapatalk
     

    HT4

    Dum spiro spero.
    Jan 24, 2012
    2,728
    Bethesda
    Any word on whether I will be caught up in this nonsense with pre-Oct 1 Engage Armament E-4 "factory" SBR's being transferred on form 4's? I still have two of them pending... The good news there, I think, is that lower is on the handgun roster.
     

    HT4

    Dum spiro spero.
    Jan 24, 2012
    2,728
    Bethesda
    I don't think Maryland law supersedes Federal law (state law rarely does). But Maryland law doesn't forbid you from owning/making the SBR so ATF should approve.

    Sent from my SAMSUNG-SGH-I337 using Tapatalk

    It's not superseding federal law... but you must comply with both independently. Failure to comply with either one will queer the deal.
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    I don't think Maryland law supersedes Federal law (state law rarely does). But Maryland law doesn't forbid you from owning/making the SBR so ATF should approve.

    Sent from my SAMSUNG-SGH-I337 using Tapatalk


    The ATF TOLD me it did. That's how a state can say "Yup, it's illegal to own that weapon!" Yet the FEDS say you can. Yet if you're living in THAT state, you can't own it.
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    Well, I about to find out, because I'm going to email, and fax my receipts tomorrow morning, and if all goes as planned, I should have all three of my form 1's back by next week at the latest.
     

    Afdiesel

    Member
    Mar 7, 2013
    70
    Middletown
    State law doesn't supersede federal in this instance. They work in conjunction with each other. There is no federal law banning private ownership nationwide, however each state can impose their own restriction.
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    p.s. KEEP AND COPY ALLLLLLL RECEIPTS AS I HAVE. IVE BEEN DOING SO SINCE THE MID 90's (Thankfully!).
     

    Jakedasnake

    Active Member
    Aug 11, 2012
    252
    State law doesn't supersede federal in this instance. They work in conjunction with each other. There is no federal law banning private ownership nationwide, however each state can impose their own restriction.


    Really? So I guess the ones OK'ing these applications don't know jack, and neither do I? Because even if they don't, I sure do, and that's why they told me to just get them these receipts, and they'll tale care of it.
     

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