Kerr county Sheriff refuses to sign form 4

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Rottweiler

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Just came from the sheriff's office. Flat out refused to sign a form 4. "Never have, Never will" was the reply:mad:

I can hardly wait til next election day
 
I don't think I'd bother with trying to go up the chain of command... it might be best to just set up a trust.
 
I thought for a county sheriff was higher than a police chief. The sheriff is over the whole county while the chief is over the city or township in their jurisdiction. So then a chief cannot go above a sheriff.

Not saying I'm right but asking.
 
I thought for a county sheriff was higher than a police chief. The sheriff is over the whole county while the chief is over the city or township in their jurisdiction. So then a chief cannot go above a sheriff.

For NFA items, there is no "ranking order". The ATF says you must have the signature of A chief law enforcement official, not THE chief law enforcement official with jurisdiction over your residence or place where the guns are.

In my case I have the head of the Texas State Police (Department of Public Safety we call it here), the Attorney General, county sheriff, a city police chief, and a district attorney that meet the ATF qualifications to sign. So that's 5 choices, there is no "order" they go in. Any one will work.

It's on the forms:

The chief law enforcement officer is considered to be the Chief of Police for the maker’s city or town of residence, the Sheriff for the maker’s county of residence; the Head of the State Police for the maker’s State of residence; a State or local district attorney or prosecutor having jurisdiction in the maker’s area of residence; or another person whose certifcation is acceptable to the Director
 
Okay but if this guy went to the sheriff first that may be his only officer to go to. I live in the county in N. Alabama and the sheriff is the only person with jurisdiction. That's why I asked I've never lived is a situation with a multiple jurisdiction. Thanks though if I ever do, now I know.
 
Okay but if this guy went to the sheriff first that may be his only officer to go to.

There will still be a district attorney covering the area, and the chief of the state police as well as the state attorney/attorney general. That's a minimum of 3 pretty much anywhere you go in the US.

Whether or not those types ever sign is another story. I doubt they would really, but you never know. Technically they count though.
 
I'm not surprised. As someone who grew up in Kerrville I've had less than stellar experiences with law enforcement there, particularly the sheriff's department. Set up your trust and go around them. They once threw me in jail for a burnt out tail light when I was 18. Yeah, there was a bit more to the story, but this is what happens when you have 1 cop for every 5 people under age 65. I'm 10 years removed from Kerr county and haven't had any run ins with law enforcement since, go figure.
 
Guillermo, Yes W.R "Rusty" Hierholzer is the Sheriff. I hadn't thought about getting TSRA or NRA in on this matter. I'm a life member of both of them.

Armoredman, there was no explanation beyond "never have, never will"
 
Eff'im.... The trust is much easier anyway. I never checked it out for myself, but heard that the powers that be in my county don't sign, so I just went with the trust from the start. Depending on the state you may not even need the lawyer.
 
Could have done the trust myself but, I decided to use a lawyer to make sure the trust is done correctly. I really REALLY don't want to end up in jail for something stupid like I filled out the trust incorrectly. Having a legal beagle do it just adds some insurance that everything is correct. Did I mention that going to jail terrifies me beyond words?
 
No offense... (really, I mean that) but if you are that scared, why mess with NFA stuff at all? There are a lot of quirks in law. Anyone who claims to be able to forsee EVERY possible eventuality that could happen is wrong. You send in your Form X; if the ATF approves it, they approve it.

I won't fault anyone for paying for peace of mind, but, assuming it is legal to DIY in your state, I don't think you'll be able to find many (any?) single cases where a lawyer-built trust could hold NFA items better than a Willmaker-built trust.
 
Spoke with a lawyer today. Going the trust route.

After you are done be sure to go speak with the Sheriff again and let him know that you were able to buy NFA firearms anyway and that the only thing he has accomplished by NOT signing is that now he will have NO idea what people are buying :)
 
^^ +1. Then you can print up 10000 campaign flyers that say "Sheriff Rusty refuses to engage with citizens that want to obey the law. He doesn't know who in our county owns machine guns and suppressors and it appears he doesn't want to. Can we trust him to protect us when he won't even protect his own deputies with a little forehand knowledge?"

Seems to me that that would incite the pro-gun and the anti-gun crowds since that sheriff is doing them both a disservice. Anti's will be pissed he's ignoring regulated weapons and pro's will be pissed that he is forcing them to go around him.
 
Not a good idea...

I don't believe I would agitate the situation any further by informing the Sheriff of your intention/move to form a trust. Frankly, too much information, plus placing yourself on the local Sheriff's radar is not the most prudent move at this juncture. In my opinion nothing good could come from such a move, and would most likely make you a target.

From my experience with such matters, the best course of action is win the battles unnoticed, until the war is won; then you can point the stupidity of general(s).

Of course, the entire episode is quite ridiculous on the part of the Sheriff. As a chief law enforcement officer I would prefer to know who has ownership/access to certain types of weapons, as opposed to being clueless. The stupidity of some of these officials never ceases to amaze me!
 
Blackops,

You and I are thinking about the same. The next time the sheriff hears from me is while I'm helping someone get elected.

I've never really gotten very active in the political world. I research candidates stance on certain issues that concern me and vote accordingly, but this one little issue is the proverbial straw that broke this camel's back. I will be getting active in the next sheriff election
 
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