Holy shit...and now the site is completely down, so I can't check to see if I got rejected too (even though I only submitted it a couple of weeks ago).

My agent was TC as well. got declined.

Let us know what some of you hear on the phone calls, I cannot call before I go to work but this just ruined my day completely.

Damn, my stamp was issued Sunday, May 24th by none other than Ted Clutter. The Ted is unmistakable, the last name looks like a C-L_????. No matter what it is, this sucks balls. I am one paycheck away from submitting another, but I think I will hold off. I wonder if our AG issued the states opinion (quietly) and the feds shut the door on us? Maybe RanB or Dogfish have heard something?

So when I email them should I mention that I'm doing a 5320.20 or whatever form it's called for out of state travel and that if be finishing it at that time? Or is that grey area stuff not to mention?

Same rejection letter / reason last night by the same TEC. sigh.


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Just called they it looks like his phone is going directly to voice mail. What's the right next step? Resubmit?

-Joel

I wouldn't mention that yet, wait and see what his explanation is for these denials first.


It looks like he's out of the office today, of course...

I have a missed call from 7777 as well....my form was approved in march.....

For the slow people (me) --- a form 1 is for making an NFA item, and you were making SBRs?
I thought that was still illegal in WA because manufacturing was omitted from the SBR bill?

I understand and agree that the feds should mind their own business, but how were you planning to comply with state law?
Finish the build outside of WA?

(I'm not accusing anyone of anything, just trying to catch up on what is going on)

Subsection 1 of RCW 9.41.190 clearly states that the manufacture of a SBR is unlawful. So if you stopped reading there, then yes, making an SBR via a Form 1 would appear to still be illegal under the RCW. But if you continue reading, Subsection 2 clearly states that it is not unlawful to acquire an SBR in accordance with federal law. Because acquiring an SBR via your own build on an approved Form 1 is in accordance with federal law, there should be no issue with compliance with the RCW.

What is clear, however, is that Subsection 1 and Subsection 2 are in conflict with one another insofar as the acquisition of an SBR is concerned. Subsection 2 should have explicitly included "manufacture" in addition to possess, transport, acquire, and transfer. That, and Subsection 1 should have been amended to exclude SBRs, so that it is left to deal only with SBSs and MGs, thereby leaving SBRs to Subsection 2.

EDIT: In other words, the SBR bill that passed was sloppily crafted, and as a result LE has the ability to selectively apply certain provisions in the RCW. FYI, I (and others) saw this coming: http://waguns.org/viewtopic.php?f=41&t=51187.

Link to RCW: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.190

Thanks for the explanation.

By "acquiring" and "own build", you mean acquiring a lower and then building an SBR from it?
So the ATF is coming up with their own interpretation of WA's "manufacture" definition?

(edit) just noticed section 1 also mentions "or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle."



Yep, noticed that when I read it when it was first passed. Unfortunate.

Just gave them a call. Ted is out of the office, like previously mentioned. The receptionist told me to just call back tomorrow for Ted, I suggest we all do the same. The number is 304-616-4500

Precisely...although I wouldn't rule out the possibility that the state AG quietly provided an opinion to DOJ, and that's why BATFE is now reversing course on Form 1 applications.

I suspect that we have been burned by another stupid request for an opinion letter from the ATF, similar to the sig brace situation... If you ask them enough times whether it's illegal or not and point out flaws in the law, eventually they're going to say yes.

I'm assuming that other agents won't be able to tell us why Ted Clutter rejected our forms, right? What a joke... I have two SLR-104URs that are not of any use to me in their current configuration...

The ATF also has a VERY specific definition for words like "make" and "maker" vs "manufacturer."

Filing a Form 1 deems you a "maker" not a "manufacturer." Therefore anyone in WA filing a Form 1 was not violating the law. That is why these rejections are horse shit.

By the way - my Form 1 wasn't rejected...it's still pending. It was submitted 5/10/15.