The Supreme Court, IIRC, has already ruled that failure to act on such an application is not a denial.
BTW, the information is in the original article by "Pro Gun New Hampshire", which was defending HR 2640 and the NRA.
The matter before the court was whether, or not Congress had effectively denied the provision for remedy, which the Republican Congress blessed. The Court simply said that Congress's failure to fund the remedy effectively scratched out that section of law providing for it. In this case, HR2640, remedy is provided through state court action if the state fails to act and the state court can't deny the remedy, w/o losing fed funds. That's weak, but the person seeking remedy is doing so, because they screwed up in the first place, or went dagerous due to mental defect.