ATF Form 1 (SBR) "Disapproval" Question (out of state)

[nikonmike5]

My apologies if this is the wrong place. I'm guessing most FFLs here are CA based (I'm out of state) but honestly could not think of a better place to ask. Hoping either an out of state FFL, or a CA one with knowledge in these matters, can point me in the right direction.

I submitted a Form 1 for a SBR build about 8 months ago. Heard back recently from ATF that it was "disapproved" due to "open background." I don't know what this means or who I can follow up with. Based on limited info I found on the web, it suggests that the FBI background check was not completed in a timely manner. But don't know if that's true.

Just for reference, I got a NFA item a few months prior to starting the paperwork on this item. And no, I don't have any legal matters pending or that took place.

I did call the ATF #, sounded like a call center type deal. He said to submit my question online using "ask an expert." I did that a couple of weeks ago but have not heard back. Not even a confirmation or status email.

What does the open background status mean? What's the recourse or next step I can take short of getting a lawyer to look into it (guessing write a letter to the ATF)?

Really appreciate it!
(and if there's a more appropriate subforum, mods please don't hesitate to move this)

[superhondaz50]

ATF NFA background checks can be open for 88 (I think) days. If they have not closed/completed it by then it automatically is a denial. No fault of yours just the .gov being .gov. You will get refunded your $200 and will need to restart the process. The refund can take a while from what I've heard.

[nikonmike5]

Thank you. I got the refund within a week or so, no concerns there. So all I can do is roll the dice again and go through the process again?

[superhondaz50]

Originally Posted by nikonmike5

Thank you. I got the refund within a week or so, no concerns there. So all I can do is roll the dice again and go through the process again?

Yep, send it again and hope for the best.

[nikonmike5]

Thanks again. I’ll report back in a year!

[sigstroker]

Is it a braced pistol? You might get it free.

[medicdubs96]

From what I understand there has been a turf war recently between the FBI & ATF over the background checks. I'm told the FBI has been slow rolling the BG checks that are for the ATF. The 88 day thing is a federal law or regulation.

As said above Re-submnit it, thats about all you can do.

[nikonmike5]

Just want to circle back on this thread and thank you folks for the advice received.

I resubmitted the application and had it approved within 6 weeks. If it wasn't for the info provided here I would have probably gotten a lawyer and made bigger mess of this than it needed to be.