Form 1 SBR "disapproved" because AW are Illegal in MD??

[Dogabutila]

This is some shit. I got a trust so I could efile form 1's for SBR's.

 

[drfroglegs]

SWO, you get an answer yet?

Didnt see anything on the wait time thread, so who else is resubmitted in the pipeline after disapproval? I resumbitted 12/10. froglegs?

Yeah, I resubmitted the day it was disapproved (12/09). In fact, Ted told me to resubmit with the requested documents.

I immediately resubmitted and attached the document Cpl Edwards sent me, then emailed him that I had resubmitted and asked him to review it.

I have sent him 2 emails since then asking for him to review my case to no avail. He is ignoring me (likely) and is probably waiting on everyone else's dis/approval to clear things up.

I'm hoping when he gets his head out of his ass he will approve everyone that's waiting now and go back and approve my reapplication?

One can wish, right?

 

[aaronn]

I have a few clients with Form 1s that they're assuming will be disapproved. When they start coming back we'll discuss legal options.

 

[OrbitalEllipses]

I have a few clients with Form 1s that they're assuming will be disapproved. When they start coming back we'll discuss legal options.

 

[drfroglegs]

I'll definitely keep everyone posted on my status too.. I may send Ted another email this week asking him if he received my previous email and can provide me with an update.

 

[bobthefisher]

Yeah, I resubmitted the day it was disapproved (12/09). In fact, Ted told me to resubmit with the requested documents.

I immediately resubmitted and attached the document Cpl Edwards sent me, then emailed him that I had resubmitted and asked him to review it.

I have sent him 2 emails since then asking for him to review my case to no avail. He is ignoring me (likely) and is probably waiting on everyone else's dis/approval to clear things up.

I'm hoping when he gets his head out of his ass he will approve everyone that's waiting now and go back and approve my reapplication?

One can wish, right?

Unfortunately, I had already attached that MSP SBR/SBS advisory, which CPL Edwards suggested, with my eForm Form 1 (Ruger 10/22), along with a very detailed cover letter back in October. All of that, and it still got disapproved. Sadly, I don't think that attached advisory is going to make any difference. Jason Dickens disapproved my form and has yet to return any of my phone calls or respond to me via email. It also appears that MSP is out of the loop on this one, as they've been consistent within their SBR interpretation/definition since they released that advisory.

This has to be the workings of higher ups in the ATF or like others have said, the MD attorneys general's office. Frosh may not be the AG yet, but as AG-elect, he can sure write some nasty and threatening letters to the ATF. The man is rabid anti-gun, so I wouldn't put it past him for a second.

 

[dgtaurus]

After reading this thread I called to check on mine and they said I'm still pending. I thought I might be denied. Mine went pending Oct. 15, it's a Spikes lower, and I bought it in Sept. 2014. My overall length was written as 31" and I didn't write AR-15 anywhere on my paper submission. Hopefully it doesn't get sent back. What are the exact things that are sending them back?

 

[drfroglegs]

After reading this thread I called to check on mine and they said I'm still pending. I thought I might be denied. Mine went pending Oct. 15, it's a Spikes lower, and I bought it in Sept. 2014. My overall length was written as 31" and I didn't write AR-15 anywhere on my paper submission. Hopefully it doesn't get sent back. What are the exact things that are sending them back?

ATF is now considering (based on their comments) making an SBR the creation of a "banned assault rifle" while MSP has explicitly stated that SBR's are classified as pistols and thus cannot be banned or labeled as "assault rifles."

That's where we stand right now... Nothing has changed with MSP, we simply think the ATF has changed their stance based on something that has happened either internally or with the attorney general elect?

 

[SWO Daddy]

After reading this thread I called to check on mine and they said I'm still pending. I thought I might be denied. Mine went pending Oct. 15, it's a Spikes lower, and I bought it in Sept. 2014. My overall length was written as 31" and I didn't write AR-15 anywhere on my paper submission. Hopefully it doesn't get sent back. What are the exact things that are sending them back?

You probably have a little ways to go still. That might work to your advantage.

 

[bobthefisher]

Just got some strait answers from the ATF, however it's a long explanation of what happened so stand by.

 

[pitpawten]

standing by curious to hear what you find

Even more curious to find out what this "straight answer" thing is that the ATF supposedly provided

 

[erwos]

Just got some strait answers from the ATF, however it's a long explanation of what happened so stand by.

F5. F5. F5. F5. F5. F5. F5. F5. F5. F5. F5. F5. F5. F5.

 

[drfroglegs]

Just got some strait answers from the ATF, however it's a long explanation of what happened so stand by.

come on man, you're killing me..

 

[bobthefisher]

LOL starting new thread... it's a big one!

 

[bobthefisher]

Check it and be prepared to pull your jaw off the floor.

http://www.mdshooters.com/showthread.php?p=3559593#post3559593

 

[drfroglegs]

Check it and be prepared to pull your jaw off the floor.

http://www.mdshooters.com/showthread.php?p=3559593#post3559593

Awesome, I updated the OP to redirect everyone to your post. Thanks for digging deeper, Ted has not replied to any of my forms of contact.. Nice to see Jason is at least answering your call!

 

[dgtaurus]

Please forgive me if I'm not following this correctly. So in order to get our Form 1's moving the ATF has requested that we A. Need to provide proof that MDSPLD is the authority concerning the interpretation of MD gun laws and B. They have signed off on us having SBR's. ?

 

[drfroglegs]

Please forgive me if I'm not following this correctly. So in order to get our Form 1's moving the ATF has requested that we A. Need to provide proof that MDSPLD is the authority concerning the interpretation of MD gun laws and B. They have signed off on us having SBR's. ?

The MSP licensing has said it is legal. They are questioning if they have the legal authority to make that decision. That's where we are at now.

Follow the other thread, we're keeping that one updated.

 

[pitpawten]

So I'll ask here because its not related directly to the ATF's most recent request for info in the other thread.

What is it exactly that was stated was good to go by MSP in their most recent posting?

Did it hinge on when the receiver was purchased?
Was it tied to the # of features?
Was it tied to OAL?
A mixture of all 3 maybe?

MSP have flip-flopped several times IIRC, so just want to make sure I'm up to speed on what MSP says is ok at this point in time.

 

[Lex Armarum]

There's nothing in any of the state or federal laws that say SBR's are illegal. MSP's advisory is already a very strict interpretation of the law. What we're seeing now is a bunch of stall tactics by either some higher ranking officials at the ATF or the MD government. At this point it seems the ATF examiners want something in writing by the state government (e.g. AG Office) as to cover their lame asses. We'll just have to wait and see, but so far no one at the ATF is talking.

Actually, Maryland law states that SBRs are illegal to possess unless registered in accordance with federal law.

Maryland law says that SBRs are legal to possess so long as the firearm is registered in accordance with federal law. Maryland law does not require a person to register an SBR with the State. Therefore, the State is agnostic with regard to what type of upper one places on an AR-15 receiver so long as the receiver was legally purchased in the State (in other words, the State's official record concerning the particular classification of a purchased receiver is unchanged regardless of the configuration). With regard to copy cat weapons, so long as your SBR does not fall within that category and the lower was legally purchased and registered in accordance with all applicable laws, I fail to see the problem. However, reasonable minds will disagree on this issue.

Mediocre attorneys. I gotta love em'. There are far too many of them and a lot of them sit in OGC offices in local, state, and federal government bureaucracies.

Perhaps a letter from an attorney to the ATF specifying an alternate legal path to approving SBRs would help the matter. Maybe not.

I am afraid or suspect that part of the reason the ATF suddenly started denying SBR apps to Maryland residents is that the POTUS and his henchmen, post-election, decided to scrap any pretense of bipartisan politics and begin ratcheting up gun control initiatives under the radar. One could secure an SBR pre-election. Afterall, he's gone full libtard emperor on everything else, why not guns as well? You may not be able to jump this hurdle at all if this change in policy is coming from Executive Branch leadership.