Hooray! I'm a Cruffler...I think...?

[Guncrazy45]

About three weeks ago, I filled out an application for a Curio & Relic FFL. Per the instructions, I mailed a copy to the Atlanta BATFE office, and a copy to my local Sheriff's office (my Chief LEO).

Today, I got my Type 03 FFL in the mail, which, I think, makes me a legal purchaser of C&R firearms.

However, about a week ago, my local Sheriff returned the FFL application that I had sent him, with a letter saying that I would need to show up in person and pay a fee for a background check, after which he would send a letter to the BATFE regarding my eligibility for a FFL.

Hmm.

IANAL, but if I recall correctly, the instructions on the CLEO copy of the FFL application informed the CLEO that he was receiving that copy as a mere notification, and that no action was required on his part. It seemed to me that the local background check was entirely optional, and the fact that I hold in my hands a valid FFL just reinforces that.

So...what now? Do I need to follow this up with the Sheriff? I mean, I DID mail him a copy of the FFL application. But if he mails it back to me, is it as if I never sent it? And if he doesn't have that copy, could this cause problems for me later on?

Informed advice is much appreciated.

 

[doubleaes2]

IANAL, but if I recall correctly, the instructions on the CLEO copy of the FFL application informed the CLEO that he was receiving that copy as a mere notification, and that no action was required on his part.

You've done everything that you are supposed to do.

 

[Novus Collectus]

What letter?

The way I see it you have an FFL license and as far as the federal governemnt is concerned you are licensed.

If your state recognises C&R licenses from the feds without requiring any additional licensing from the state, then I would say that you would have no problems unless the letter specifically said you cannot use a license if you received it.
I think your obligation (as far as the feds are concerned) was just to notify the CLEO and that is all. Your state may have a different law though. Call the CLEO anonymously and ask them about it.

 

[Arkie]

Make sure you do not sign the original but just make copies of it and then you can sign the copies to mail out.

I haven't heard of a CLEO sending one back and trying to make you go through a background check and having to pay for it.


All he has to do with it is file it away.

 

[Leatherneck]

However, about a week ago, my local Sheriff returned the FFL application that I had sent him, with a letter saying that I would need to show up in person and pay a fee for a background check, after which he would send a letter to the BATFE regarding my eligibility for a FFL.

Your sheriff doesn't know federal law. No action on his part is required for you to get a type 3 C&R FFL. Federal law only requires you to notify the Chief LEO in your jurisdiction. I would avoid telling him he's an ignoramus, but don't sweat it.

Now comes the fun part: in return for this sage advice, I want you to promise us that you will post on the day you receive your first rifle or handgun via UPS at your own front door. And see if the UPS guy doesn't want to know: "Whatdja' get?"

TC

 

[Technosavant]

Sounds like your sheriff doesn't understand what's going on. It doesn't mean he's an anti-gunner, it just means he doesn't know. That's why I usually include a letter that says something to the effect of "this is for informational purposes as per BATF regulations" or somesuch. The idea is that if he knows you're a miscreant, he'll tell the ATF on his own.

I'd let it drop- methinks he probably didn't remember any of it past lunch, assuming he actually laid his own eyes on that paperwork.

 

[AJ Dual]

It's between you and the ATF. The requirment is ony that you notify the CLEO. The ATF presumably runs the check themselves.

He's probably confused as to what kind of FFL you applied for.

I'd reccomend explaining the difference, and that once he had the copy of the application in his hands, both your obligations were finished. However, at the risk of confusing things further, I'd just let it drop, and go enjoy your 03 FFL.

If he ever follows up, then explain it, otherwise I wouldn't bother. If it's a larger department, it's the secretary, and not even really the Sheriff.

AFAIK, the only reason I can think of for the CLEO notification portion of the C&R FFL is in the rare case that the applicant is the "town hooligan" who may not have a felony in the NCIS, and would pass the ATF check, but the town PD or Sherriff knows that you're not someone who ought to have any FFL.

 

[Sistema1927]

In fact, push come to shove, the fact that the Sheriff contacted you is absolute 100% proof that you notified him when you made your application. Don't take any further action, just file his letter away in the very remote case where the BATF wants to follow-up with you on this.

 

[Chipperman]

...show up in person and pay a fee for a background check

Of course it could be a way to generate more money for his department.

 

[gezzer]

Ignore the sheriff, he is another goverment employee that has no clue what his job is, but it will not effect his paycheck or pension.

 

[ceetee]

For my own information... Are you required to send the Sheriff a copy of the application, or will a simple "I've applied for a C&R FFL" letter be adequate notification?

 

[AJ Dual]

A copy of the application, and a brief cover letter.

I sent the Chief of our local PD this letter.

Dear Chief XYZ,

Per ATF regulations, please find enclosed a copy of my application for a Curio & Relic collectors license. The purpose of your copy is to satisfy the requirment for notification of my municipality of residence's Chief Law Enforcment Officer.

Since this copy is for notification purposes only, no further action is required on your part, or that of the XYZ Police Department.

Thank You.

Mr. AJ Dual
Address
Phone #

I never heard back from them, exactly as I should have. Presumably, they either filed it, or ran a quick lookup on my name, and then tossed it, etc.

 

[Guncrazy45]

Said Leatherneck,

Now comes the fun part: in return for this sage advice, I want you to promise us that you will post on the day you receive your first rifle or handgun via UPS at your own front door. And see if the UPS guy doesn't want to know: "Whatdja' get?"

Everyone's advice is much appreciated, and I promise to post pics of my first purchase. I'll be sending out copies of my FFL on Monday, and should hopefully have something nice in time for Christmas.

Queried Ceetee,

For my own information... Are you required to send the Sheriff a copy of the application, or will a simple "I've applied for a C&R FFL" letter be adequate notification?

A copy of the application must go to your Chief Law Enforcement Officer--if you live in a city, that would be the chief of police; if you live in an unincorporated part of the county (outside the city limits), that would be the County Sheriff.

The application that you get from the BATFE already contains two copies--one for the BATmen, one for the CLEO. Unfortunately, they're not duplicate forms, so you'll need to fill out each separately.