User Panel
Posted: 5/26/2017 5:50:00 PM EDT
So, got a suppressor and was out today, small town, and went by the sheriff's office to drop off the notification. I use a trust. I asked for a receipt for confirmation and they refused. They claim that I have to give them a photo and the sheriff must sign and approve. I explained a couple of times the rule change and that it is a notification only and that photos and prints only go to the ATF. The sheriff does not sign or approve, it is a notification only.
The deputies claim that their "federal guy" told them that they still have to have all that. As I understand it, that is no longer the case. I said fine, I will just mail it in with a return receipt and that way you have the notice and I will not have to worry about it. They wanted me to come in another day to speak with the sheriff about it. I said no, I will just mail it and that will meet my obligation. No confrontation. I just want to make sure that I am correct. |
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Should have emailed them, then you would have confirmation via your sent email.
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You are correct but why not meet with the Chief and bring a copy of the new ATF regulations in an attempt to educate him...
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You are correct but why not meet with the Chief and bring a copy of the new ATF regulations in an attempt to educate him... View Quote I understand that they probably deal with this so little that they do not know about the changes, so, I got to inform them and will follow up with additional information. I just wanted to verify that I was correct and had not missed something, somehow. |
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So, got a suppressor and was out today, small town, and went by the sheriff's office to drop off the notification. I use a trust. I asked for a receipt for confirmation and they refused. They claim that I have to give them a photo and the sheriff must sign and approve. I explained a couple of times the rule change and that it is a notification only and that photos and prints only go to the ATF. The sheriff does not sign or approve, it is a notification only. View Quote This is why you drop it in the mail and forgetaboutit, preferably to a higher authority like AG or State Police. But since you want a FTF, instead of arguing/explaining to them, just show the the instructions on the form. |
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Yep, just notify and be done with it. View Quote Someone doesn't know the new rules. Our new atty general has arrest powers and was kicking back people notifying them via silencershop purchases. They said they weren't the correct agency for this even though they are the highest CLEO in the state . Some are resending them to their sheriff, most aren't. They were notified and that's good enough. Guess they figured it out as they haven't sent my latest back. |
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Thanks for sharing your experience. i will Mail my info in rather than drop off in person to avoid the local sheriffs liberal gun grabbing BS.
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This Someone doesn't know the new rules. Our new atty general has arrest powers and was kicking back people notifying them via silencershop purchases. They said they weren't the correct agency for this even though they are the highest CLEO in the state . Some are resending them to their sheriff, most aren't. They were notified and that's good enough. Guess they figured it out as they haven't sent my latest back. View Quote |
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Yea I sent mine one for a form 1 after looking at my only silencer shop purchase at the time and seeing that's where they were sending them. I got a call from his office from a woman that was saying they asked the atf and that I should send it to my local chief of police. I asked about the forms coming from silencer shop and said that they legally were an option and she claimed she hadn't seen the ones from them and said they were mailing mine back to me. I don't really care as they were notified. I actually asked silencer shop about it when I did another purchase from them and they said their legal people had given them a list and that's what they were going to continue to use. The funny thing is neither of my form 4's from them have had their reasonable person stuff forwarded to me. View Quote |
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I've gotten several calls from Sheriffs asking me what they were supposed to do with the forms........
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You have to cause them to be delivered to the CLEO, that's all. You don't have to have a discussion.
May I suggest: 1) Putting them in an envelope with a stamp. 2) Leaving them at the front desk. 3) Mailing them with a bunch of other unrelated nonsensical printouts so they will never discern the related documents from the rest. 4) Entirely enclose them in a welded steel block, or alternatively a wooden block, where they are not visible and it is not obvious anything could be enclosed. Probably just go with one. |
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Just mail the notification to the local yokel with a confirmation of delivery
done |
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There is no requirement to maintain proof of notification. I would not waste my time/money with unnecessary things, like arguing with uninformed people.
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Gee, just put them in an envelope, pick a name, your locql sheriff, and fergitit! NFA says notify.thats what you did!
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The problem with not obtaining proof of notification is:
You are compelled to follow Federal Law. How do you prove you have done it, if it ever comes into question? After explaining this up the chain of command, my local CLEO made copies of all pages, and stamped them with the department stamp, and the date. Maybe not all are as cooperative as mine. That I am required to do this, and the fact that they can take it out of my hands, never even look at the pages, and drop them directly into the shredder -is too stupid for further comment. |
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The problem with not obtaining proof of notification is: You are compelled to follow Federal Law. How do you prove you have done it, if it ever comes into question?.... View Quote View All Quotes View All Quotes Quoted:
The problem with not obtaining proof of notification is: You are compelled to follow Federal Law. How do you prove you have done it, if it ever comes into question?.... No federal law requires ANYONE to have "proof of notification"......so there is no need to prove you have done it. If it makes you feel better then mail it Certified Mail, Return Receipt Requested. In fact, there's not even a requirement for the CLEO to keep or file the Form 4 CLEO copies he gets. He can trash them immediately. After explaining this up the chain of command, my local CLEO made copies of all pages, and stamped them with the department stamp, and the date.
Maybe not all are as cooperative as mine. That I am required to do this, and the fact that they can take it out of my hands, never even look at the pages, and drop them directly into the shredder -is too stupid for further comment. |
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You're correct. Send it requiring a signature. Keep the printout saying who signed. All good.
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Just for the sake of discussion, a delivery receipt does not prove WHAT was delivered. You could have sent the sheriff a birthday card. Or maybe a campaign contribution.
If you dig really really deep into Florida code, the CLEO is required to keep the notification on file for a specified time period. It is public record. The length of the retention period is subject to interpretation... RETENTION: a) Record copy. Retain until obsolete, superseded, or administrative value is lost. |
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It doesn't matter to you if the CLEO retains it or not. It doesn't matter if have proof of delivery either.
Just drop it in the mail to your favorite jurisdictional CLEO and you're done with this part. |
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It doesn't matter to you if the CLEO retains it or not. It doesn't matter if have proof of delivery either. Just drop it in the mail to your favorite jurisdictional CLEO and you're done with this part. View Quote |
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The problem with not obtaining proof of notification is: You are compelled to follow Federal Law. How do you prove you have done it, if it ever comes into question? View Quote So, if they visit your home and you have all the unsent forms laying around, or they find them in your garbage or whatever, then so be it. Otherwise, doesn't really matter. |
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It matters to me in principle. The retention of the record is in direct conflict with F. S. 790.335. View Quote |
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That's a valid point and an interesting law. File a complaint with FDLE if you believe they're retaining the forms, and follow up with the AG's office. Do you know if anyone's been prosecuted under 790.335? View Quote ETA: Sorry for getting technical about Florida statutes and code. I forgot I was not on the Florida hometown forum where I usually post. My bad! |
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Its a federal law, not state law, if they want to keep them indefinitely or come vistit you it doesn't matter. you sent them. You don't have the form I your possession, you mailed it.
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All you have to do is notify. There's no requirement that you document your notification. If you mail it in you've done your part.
If they kick it back saying they're not the right agency, well, you've still satisfied the law. |
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You are compelled to follow Federal Law. How do you prove you have done it, if it ever comes into question? View Quote |
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Before I mail it, I make a copy of the signed form and a copy of the addressed and stamped envelope. I'm not too worried they will try to prove I didn't drop it in the mail slot.
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Other than having two photographs what does that supposedly prove? View Quote But it demonstrates an intent to comply with the notification requirement, costs very little (copies, not photographs ) and it is probably a good idea to keep a copy of everything you submitted anyway so no significant additional burden. |
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The irony here is the major FFLs who are doing F1/F4s on behalf of folks are doing none of this recordkeeping.
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Or you could not do that, and if questioned make that stuff up years later. View Quote Like someone said above, a return receipt really doesn't prove anything either, except that you mailed something, including, but not limited to, a happy birthday card. If you really want irrefutable "proof", I suppose you could go down to your local LEO's office and ask for a signed receipt. Unfortunately, I live in a major metro area so it's not like I can come on down to play checkers and set-a-spell with the local version of Andy and Barney while they sign the receipt. Nope, Miami-Dade will happily keep you waiting. I can pretty much guarantee that. I work, so that's not how I'd like to spend a morning or afternoon...or entire day if you get ahold of the wrong person. Choices, choices. Of course your mileage may vary. |
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I suppose, if they come to your door, you could ask them to wait a minute while you type up a quick envelope. View Quote Wow, all those Silencer Shop customers are at such risk since they do not any such "proof". |
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I guess that might also come with a no-knock at 0400. So better have it made in advance and keep it taped to your front door just in case. Wow, all those Silencer Shop customers are at such risk since they do not any such "proof". View Quote Never said anyone was at risk. I just posted what I do. No need to get the panties bunched over it---just disregard if it makes you unhappy. |
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I suppose, if they come to your door, you could ask them to wait a minute while you type up a quick envelope. Like someone said above, a return receipt really doesn't prove anything either, except that you mailed something, including, but not limited to, a happy birthday card. If you really want irrefutable "proof", I suppose you could go down to your local LEO's office and ask for a signed receipt. Unfortunately, I live in a major metro area so it's not like I can come on down to play checkers and set-a-spell with the local version of Andy and Barney while they sign the receipt. Nope, Miami-Dade will happily keep you waiting. I can pretty much guarantee that. I work, so that's not how I'd like to spend a morning or afternoon...or entire day if you get ahold of the wrong person. Choices, choices. Of course your mileage may vary. View Quote |
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Silencer Shop notifies state AG. That probably qualifies, and at that level they either know what to do with it, or they are big enough that the notification will get lost in the bureaucracy.
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Yes, because that happens...all the time...over CLEO notifications... View Quote But one thing is for sure, you and browntown tom are worse than a bunch of squabbling old hens. lol |
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OP, it apparently is the norm for LE to know absolutely nothing about NFA. Last week, I contacted my State Police in effort to avoid the cluster of my last CLEO notification with Local Sheriff. They were clueless and sent me in a circular chase referring me to department after department all not knowing what I was talking about. I just wanted to know which department to note "Attention To" on my notification. My last dealing with the sheriff was when a signature was required. He initially thought what I was asking was illegal. He consulted with multiple authorities and finally reluctantly signed with the attitude he was "going out on a limb". The entire NFA process for SBR and suppressors is utterly ridiculous.
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If anything I'd just take any letter or note that they sent back to you and use it as proof that they were notified.
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