file the paperwork that WILL be denied, and put up with what could be substantial annoyance from the whole process. Likewise for finding a CLEO to sign off the deal.
I applaud your efforts... Bypass the CLEO BS and incorporate. You get past one more hurdle that way. While you're getting a lot of attention here, you will soon find that we gunnies talk a good game, and we're especially good at critiquing the work of others on internet forums, but we don't often follow through. I have direct experience with this. :banghead: Ongoing, in fact.
I also submit to you that likely what ATF will do is not 'deny' your transfer, but simply not respond to your transfer. That avoids a pesky court defeat. What's more, the law (statutory) gives them complete discretion with regard to how much time they take to approve or deny a form. Unfortunately, again, for us, they not actually required to ever "deny" the transfer. They literally may keep re-cycling the form to the bottom of the stack.
"but you can get an old expensive one" argument's stupidity into sharp relief
I don't mean to be insulting, so please don't take it that way. However, the world is divided into 2 groups.
1: Us.
2: Them.
You, are thinking like us. You
have to think like them. The court will use any and all means necessary -by rule- to resolve a case without addressing a single constitutional issue. This is a "double edged sword" when you throw a "kitchen sink" case at the court, you give them more avenues out of reviewing the case on the grounds you want them to review it on. You have to look at a few court cases in detail and follow them through. You'll probably notice a pattern develop, or two. one is that more often than not, the government wins. Another is that the court will go to extreme measures to see that the government wins. You must think about your case like a court judge will, not how _we_ think your case should be presented. A judge will dive into the NFA law, have his clerks find transferrable M16 lowers and M4 uppers and report back, he will then issue a dismissal because you are able to procure a non prohibited arm of the same type.
<rant>
besides, the whole platform stinks anyway
</rant>
If you attempt to transfer something which didn't exist pre 5/19/86, you undercut this argument. So do you want the M4 or do you want to challenge the restrictions?