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prebans
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Posted: 1/16/2012 9:37:11 PM
[Last Edit: 1/16/2012 9:47:18 PM by prebans]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
After a long battle with ATF, they've finally agreed to END THE CLEO SIGNOFF REQUIREMENT. This started in the late 1990s with the now-semi-inactive 1934 Group and today with the NFATCA. While this will NOT help us with machine guns in Wisconsin, everything else will be fair game!

So what's left before this happens?

1. New forms need to be designed by OMB.

2. The new rules need to be published in the Federal Register.

Here's food for thought- there are TEN EXAMINERS who handle the ENTIRE UNITED STATES. This not only includes civilians, but also police department and other governmental transfers. Think a 6-7 month wait is bad now? This change will make WI's CCW wait look like child's play! (And do you expect this administration to put more money into more examiners for civilian transfers..? Governmental-dedicated, sure–– but for us??!)

My recommendation - no matter what you're buying/building - is to start your paperwork ASAP. There's no way to know when OMB will get those new forms out or when the new rules will be published in the Federal Register.

Final thought- this is going to increase the demand of and for NFA weapons and probably of host guns- not just MP5 semis for guys to drop sears into, but also things like popular-to-SBR items (i.e. Draco, etc). If there's something you want, I'd give serious thought to getting it handled sooner versus later.

FYI,

Mike
prebans
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Posted: 1/16/2012 9:39:37 PM
[Last Edit: 1/16/2012 9:45:37 PM by prebans]
Okay, so the most important notice is out of the way. The next notice comes down to the CLEO signoff's replacement. Reliable word is that it will be replaced with mandatory notification of the CLEO. I suspect that one copy of your Form whatever will go to the CLEO while two will go to ATF (as normal). However, as this rule hasn't been finalized, so no one really knows how they'll do it.

This will apply equally to trusts and corps. So while it gets around the signoff issue entirely, now the CLEOs will know who has what and where in their areas.

Now we REALLY need to fix WI's MG law.

Mike
NewDaddy
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Posted: 1/16/2012 9:50:39 PM
Where's the link to this great news?
DarkNite
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Posted: 1/16/2012 10:05:17 PM
Didn't need a CLEO sign off before. The news isn't so great.
prebans
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Posted: 1/16/2012 10:20:20 PM
Originally Posted By NewDaddy:
Where's the link to this great news?


This information comes directly from Jeff Zimba, one of the editors of Small Arms Review, who got it from Jeff Follider of the NFATCA (National Firearms Act Trade & Collectors Association). I consider Mr. Zimba, Mr. Follider, and the NFATCA all to be reliable sources.

Mr. Zimba posted this on Subguns here.

Originally Posted By DarkNite:
Didn't need a CLEO sign off before. The news isn't so great.


This is good news for those who want to have their firearms in their own names instead of owning through a third party entity. It also doesn't mean that those who want multiple owners can't do trusts or corps- it just makes life easier for those who want personal ownership.

And as a proponent of NFA firearms ownership, I see more potential owners as a GREAT thing!

Mike
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Posted: 1/16/2012 10:21:13 PM
ok, I am late to the conversation I am thinking about buying NFA in a year or so, maybe a S&W M76 9mm ....what is so messed up about WI Machine gun laws ?
Bill2k1
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Posted: 1/16/2012 10:26:18 PM
The CLEO signature was a major factor in my not wanting to get a suppressor. I didn't want to go through the hassle of forming a trust. I guess I need to start saving my pennies, maybe next year I will jump in.
prebans
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Posted: 1/16/2012 10:48:00 PM
Originally Posted By PATRIOT590A1:
ok, I am late to the conversation I am thinking about buying NFA in a year or so, maybe a S&W M76 9mm ....what is so messed up about WI Machine gun laws ?


Under WI law, you must have authorization of a sheriff or chief of police to own a MG.

Mike
NAM
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Posted: 1/16/2012 11:24:31 PM
[Last Edit: 1/16/2012 11:29:35 PM by NAM]
Originally Posted By prebans:
Originally Posted By PATRIOT590A1:
ok, I am late to the conversation I am thinking about buying NFA in a year or so, maybe a S&W M76 9mm ....what is so messed up about WI Machine gun laws ?


Under WI law, you must have authorization of a sheriff or chief of police to own a MG.

Mike


....in ATF's opinion. For many decades, the law was not interpreted in this way. Recently, ATF changed their interpretation based on feedback received from JB Van Hollen.

IIRC. Am I wrong? Basically, a practice that has been going on for well over a decade, was arbitrarily decided to be null and void.

Exceptions. Sections 941.25 and 941.26 shall not prohibit or interfere with the manufacture for, and sale of, machine guns to the military forces or the peace officers of the United States or of any political subdivision thereof, or the transportation required for that purpose; the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive.

For many years, this simply meant that machineguns adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive, required the stated CLEO approval. Now, they have re-defined this section, and/or decided to ignore it.

IMHO, IANAL.
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Russ68
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Posted: 1/16/2012 11:25:33 PM
I have used a trust in the past and will continue to do so in the future. Even with the CLEO sign off gone, I still see the trust/LLC/Corp route preferable to individual. IMHO
prebans
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Posted: 1/16/2012 11:30:38 PM
[Last Edit: 1/16/2012 11:34:40 PM by prebans]
Originally Posted By NAM:
Originally Posted By prebans:
Originally Posted By PATRIOT590A1:
ok, I am late to the conversation I am thinking about buying NFA in a year or so, maybe a S&W M76 9mm ....what is so messed up about WI Machine gun laws ?


Under WI law, you must have authorization of a sheriff or chief of police to own a MG.

Mike


....in ATF's opinion. For many decades, the law was not interpreted in this way. Recently, ATF changed their interpretation based on feedback received from JB Van Hollen.

IIRC. Am I wrong? Basically, a practice that has been going on for well over a decade, was arbitrarily decided to be null and void.


Eeugh..... Uhrm..... As much as it pains me to say it, it depends how you look at it.

Your are correct that WI's MG law was not enforced for years. I can't say well over a decade, as I remember a very short period where it cropped up and then quickly was laid to rest by - of all people - Peggy Lautenschlager (sp). We all thought it went away and was done for good. Then ATF reviewed all 50 states' laws (NC MG transfers are all but completely shut off right now) and asked JB about the law. Unlike Peggy, he insisted that it be enforced. Here we sit.

So is it a legitimate law on the books? Yes. But was it also officially, and with official sanction, ignored? Yes as well. While we can hoot and holler about ATF, they're only following the state law as ordered by our own AG, JB. Unfortunately, this one is on us and it needs to be fixed at the state level.

As for the reading of the law, I think we can all agree that it is written poorly. It shouldn't be in there in the first place. But our reading vs whoever's reading is of little consequence when our own AG says "this is how we view the law and it is to be enforced."

This NEEDS to be fixed legislatively, and I suspect it would be by now if it wasn't for these goddamned democrats and their record-setting temper tantrums.

Mike
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Posted: 1/16/2012 11:48:45 PM
Originally Posted By prebans:
As for the reading of the law, I think we can all agree that it is written poorly. It shouldn't be in there in the first place. But our reading vs whoever's reading is of little consequence when our own AG says "this is how we view the law and it is to be enforced."

This NEEDS to be fixed legislatively, and I suspect it would be by now if it wasn't for these goddamned democrats and their record-setting temper tantrums.

Mike


Agreed. The law is a bastardized, rewritten version of the Uniform Machinegun Act, which Wisconsin added in 1947.

Yep....that's right, it's part of a law from 1947. I think we need to update WI machinegun laws to reflect the current federal laws....you know.... for the children.

I really feel bad for those folks that purchased MG's while they did not live in the state, and eventually imported them to the state on a 5320.20. Them, and those that purchased MGs as an LLC/trust/etc that did not require an LEO signoff. Technically, they do not have a "written approval".

Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
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par0thead151
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Posted: 1/17/2012 8:36:50 AM
this recent development has made me even happier that ii went the trust route...
DarkNite
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Posted: 1/17/2012 8:50:22 AM
Originally Posted By Russ68:
I have used a trust in the past and will continue to do so in the future. Even with the CLEO sign off gone, I still see the trust/LLC/Corp route preferable to individual. IMHO


Me, too. It's just that increased times will effect everyone and it's not like the wait times were short to begin with.

prebans
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Posted: 1/17/2012 9:25:55 AM
Originally Posted By NAM:
Originally Posted By prebans:
As for the reading of the law, I think we can all agree that it is written poorly. It shouldn't be in there in the first place. But our reading vs whoever's reading is of little consequence when our own AG says "this is how we view the law and it is to be enforced."

This NEEDS to be fixed legislatively, and I suspect it would be by now if it wasn't for these goddamned democrats and their record-setting temper tantrums.

Mike


Agreed. The law is a bastardized, rewritten version of the Uniform Machinegun Act, which Wisconsin added in 1947.

Yep....that's right, it's part of a law from 1947. I think we need to update WI machinegun laws to reflect the current federal laws....you know.... for the children.

I really feel bad for those folks that purchased MG's while they did not live in the state, and eventually imported them to the state on a 5320.20. Them, and those that purchased MGs as an LLC/trust/etc that did not require an LEO signoff. Technically, they do not have a "written approval".



Actually, the problem is deeper than that. The WI AG holds that "authorization" (the law's words) and "certification" (the words on the Form 1/4/5) are NOT the same thing.

Sign-offs no longer work in WI. Now only does one need a sign-off, but one needs a letter of authorization.

Even people with sign-offs aren't in compliance unless they essentially have a may-issue "authorization" in some form or another.

Mike
NAM
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Posted: 1/17/2012 9:34:00 AM
Originally Posted By prebans:
Actually, the problem is deeper than that. The WI AG holds that "authorization" (the law's words) and "certification" (the words on the Form 1/4/5) are NOT the same thing.

Sign-offs no longer work in WI. Now only does one need a sign-off, but one needs a letter of authorization.

Even people with sign-offs aren't in compliance unless they essentially have a may-issue "authorization" in some form or another.

Mike


Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
tbk1: "We don't allow generalized bashing, except against the French."
CoC #11: Some animals are more equal than others.
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Posted: 1/17/2012 10:49:16 AM

Originally Posted By prebans:


Now we REALLY need to fix WI's MG law.

Mike

Mike

When I got my form 1 signed last month, the Sheriff told me that the Law has been fixed. According to him the AG of WI ruled that the CLEO can not refuse to sign NFA form for arbitrary reasons.
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Posted: 1/17/2012 1:22:41 PM
Any reason to buy more nfa is a good one!
prebans
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Posted: 1/17/2012 6:02:04 PM
Originally Posted By gene_wi:

Originally Posted By prebans:


Now we REALLY need to fix WI's MG law.

Mike

Mike

When I got my form 1 signed last month, the Sheriff told me that the Law has been fixed. According to him the AG of WI ruled that the CLEO can not refuse to sign NFA form for arbitrary reasons.


CLEOs can't refuse to sign the Form for arbitrary reasons, but the need for something additional beyond the sign off for a MG remains. (At least, this is what ATF told me this morning bacause of yet another MG transfer getting %$#@! up.)

Mike
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Posted: 1/17/2012 6:02:43 PM
Originally Posted By NAM:
Originally Posted By prebans:
Actually, the problem is deeper than that. The WI AG holds that "authorization" (the law's words) and "certification" (the words on the Form 1/4/5) are NOT the same thing.

Sign-offs no longer work in WI. Now only does one need a sign-off, but one needs a letter of authorization.

Even people with sign-offs aren't in compliance unless they essentially have a may-issue "authorization" in some form or another.

Mike




...just had a MG transfer kicked back–– going to another SOT–– for lack of "authorization."

Mike
NAM
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Posted: 1/17/2012 6:37:00 PM
Originally Posted By prebans:
Originally Posted By NAM:



...just had a MG transfer kicked back–– going to another SOT–– for lack of "authorization."

Mike


Don't doubt you one bit. Was just exclaiming my disgust.
Isaiah 16:11 "Wherefore my bowels shall sound like an harp"
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CoC #11: Some animals are more equal than others.
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Posted: 1/18/2012 1:05:33 AM
I wish they would do away with the MG ban, not the ownership but the manufacture and importation of new ones.
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Posted: 1/18/2012 1:15:44 AM
Originally Posted By Nightwolf357:
I wish they would do away with the MG ban, not the ownership but the manufacture and importation of new ones.


I'd kill for the ability to lawfully Form 1 my own M60.

Mike
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Posted: 1/19/2012 8:45:52 PM
Originally Posted By prebans:
Originally Posted By Nightwolf357:
I wish they would do away with the MG ban, not the ownership but the manufacture and importation of new ones.


I'd kill for the ability to lawfully Form 1 my own M60.

Mike


Mike, if I thought killin' was the way to get it done I'd be on board, too...
Please dont take it personally, the ad hominem is simply my favorite fallacy...
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Posted: 1/19/2012 9:54:08 PM
Originally Posted By NewDaddy:
Where's the link to this great news?


The link is this thread: if prebans said it, it's the truth.
prebans
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Posted: 1/19/2012 10:47:42 PM
[Last Edit: 1/19/2012 10:48:32 PM by prebans]
Originally Posted By BIGNICK1:
Originally Posted By NewDaddy:
Where's the link to this great news?


The link is this thread: if prebans said it, it's the truth.


Uhm.....



I've been very wrong before. The only reason I'm trumpeting this one is due to the sources.

Mike
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