L&P Question...sorry guys

[JWarren]

I just wanted to get a quick answer to a question that came to me while driving to an appointment today.


In the fairly near future, I'll be doing paperwork for one of two eventual NFA purchases/builds.

I know about the process with the forms, but one thing came to mind. When getting CLEO sign-off (if you go that route), which one do you get?

Where I would be registering, we have the County Sheriff (who I am assuming is the correct one) and we also have the City Police Chief. Does Sheriff trump Police Chief? I was thinking so since the City is IN the County and the Sheriff has jurisdiction in the city as well (I assume).


Anyone have a clear answer to this for a NFA newbie?


-- John

 

[mp510]

Pretty sure that you could go to either the police chief or the sherriff. You are probably better off first going to the one who is more likely to sign.

Personally, I use a trust, and don't need to worry about fingerprints, photographs, or CLEO sign-offs.

 

[Titan6]

I guess part of the answer depends upon wether you are in MS or LA. I think this is a valid legal question and not a political question that got L and P closed.

 

[JWarren]

Thanks guys.


Titan,

It would be in MS. While I have MS and LA on my location, I am actually a MS resident. I just live on the line and have property and interests in both states.


Thanks again, guys. I haven't decided on the Trust or CLEO path yet. It's really not an issue with the CLEO- whoever he may be. Thank God some places are still VERY RKBA-friendly. Either would sign likely.


-- John

 

[wdlsguy]

John, regarding your police chief and your sheriff, either one can sign.

 

[strat81]

Here in Nebraska, we have local police departments (if your city is big enough) and county sheriffs. I live within city limits, so I send the local police chief my C&R FFL info.

This questions comes up a lot... I think people worry too much. I think the .gov would have a real hard time getting you convicted of a charge about circumventing certain laws if you had "Chief Johnson" sign your stuff, PD or sheriff.

 

[mnrivrat]

Sometimes it depends on wether you have a city or rural address. City address uses the police chief and the rural address uses the Sheriff.

 

[CDignition]

Trust it up and don't worry over Nazi cops trying to be all powerful. Also skips the Fingerprints and Background Check.

 

[wdlsguy]

... The chief law enforcement officer is considered to be the Chief of Police for the transferee's city or town of residence; the Sheriff for the transferee's county of residence; the Head of the State Police for the transferee's State of residence; a State or local district attorney or prosecutor having jurisdiction in the transferee's area of residence; or another person whose certification is acceptable to the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives. If someone has specific delegated authority to sign on behalf of the Chief of Police, Sheriff, etc., this fact must be noted by printing the Chief's, Sheriff's, or other authorized official's name and title, followed by the word "by" and the full signature and title of the delegated person. ...

http://www.atf.gov/forms/pdfs/f53204.pdf

 

[WeedWhacker]

As CDignition stated, a living trust is something you should ask your dealer about. I presume one could simply type up a letter with the required legal jargon, but software packages are available to hash out the body of the letter should you so choose - Quicken's WillMaker is one, IIRC.

No CLEO signatures/permission required.

 

[mp510]

Trust it up and don't worry over Nazi cops trying to be all powerful. Also skips the Fingerprints and Background Check.

Knowing that it's very likely that he could get the CLEO signoff in his area, I would recommend that he go that route, since it is a whole lot easier to ensure that you as an individual remain legally eligible. If you use a trust or a Corp/llc, you will need to take steps that make sure that the instrument remains binding. If the corp lapses, or the trust becomes invalid, the gun becomes contraband subject to seizure. However if your CLEO won't sign, or you don't think he'll sign, or you want other family or friends to have access to the firearm (as corporate officers or trustees), consider one of the business entity routes.