Quoted:
Unless I'm misunderstanding the questions, couldn't you just get a trust if your CLEO won't sign?

941.26(3): "This section does not apply to the sale, possession, modification, use, or transportation of weapons under sub. (1g) (a) or (1m) to or by any person duly authorized by the chief of police of any city or the sheriff of any county. .

Quoted:


I got three emails asking me to comment/talk about this, so here goes.

1. I have personally been in contact with the WI AG's office. As per a source there, the ATF contacted the state of WI about the old law on the books. Previously, Peggy Lautenschlager said that everything was fine as it was, leave things, be, etc. I've been able to obtain a copy of her email to ATF about that for verification. Unfortunately, our new AG, Van Hollen, respects the law as it's written and informed ATF that the law should be enforced when he was contacted.

2. ATF then immediately started demanding CLEO signoffs for all MGs. ATF has chosen to ignore the pistol caliber exemption, the scientific purposes exemption, and all other exemptions. Interestingly, this law does NOT exempt SOT holders (dealers, etc.). ATF also will not recognize a CLEO demonstration letter as a sign off letter for a post-86 dealer sample when a SOT buys one for a demo to a WI PD agency.

3. This procedure change does NOT ban trusts and corps from getting MGs. It DOES mean that trusts and corps must get sign-offs like standard transfers.

4. In subsequent conversations between the AG's office and the ATF, our AG's office informed the ATF that WI law requires AUTHORIZATION BEYOND A CLEO SIGNOFF. To our AG's office, "certification" is NOT "authorization." "Authorization" is essentially PERMISSION letter. Thus, in WI, MG ownership is now a MAY-ISSUE situation. In practical purposes, my clients had to get the standard sign-off AND A LETTER AUTHORIZING POSSESSION from their CLEO.

5. WI law says that authorization can come from ANY sheriff or chief of police in WI. PERIOD. So while that means that you can get authorization from any city or county in the state, it also means that you can't seek out a judge or DA or even the AG. ATF rules require a CLEO signoff from YOUR CLEO (county sheriff or city chief of police) or FA, judge, etc. This means the following:

a. Non-SOT: Sign-off must come from your chief of police, county sheriff, DA, judge, etc. Additional authorization must come from any county sheriff or any chief of police in the state. The easiest way is to have your CLEO sign-off AND write the permission letter. A copy of this letter must be sent with submission of your ATF paperwork. In plain english, you can shop around for "authorization" but can't shop around for the CLEO signoff.

b. SOT: No sign-off necessary. However, you must still have authorization from any chief of police or any county sheriff in the state. A copy of this letter must be submitted with the papers sent to ATF for the transfer. In plain english, a SOT can shop for an authorization letter.

c. Reality: ATF refuses to recognize the "any" in WI law. They still demand that the authorization come from your specific chief of police or county sheriff, in effect making them the only people that can sign for a MG in WI.

6. I have no idea and cannot answer questions as to how this affects those who got a MG under the old procedures without an authorization letter. Do NOT tell me that you have a MG without a letter. I do not want to know and can't help you sell your MG because I can't get a letter from Milwaukee or Milwaukee County either. Admitting that you have a MG that was, for all intents and purposes, approved in violation of the law is probably a legally unsound idea.

7. Some of my clients have been approaching elected officials to get this fixed. Unfortunately, especially with the (now-ended) recalls, most didn't want to get anywhere near this situation. More unfortunate, one of the more interested officials was successfully recalled last Tuesday. One client in particular is working to set up a meeting between him, me, a second affected* SOT, and a state official to get this fixed. Unfortunately, most elected officials don't want to get anywhere near this due to potential political fallout.

*Both I and this other SOT have been unable to receive new MGs (and my business is all but shuttered) since the legal chance in 02/2011.

8. This law does NOT affect other NFA weapons- just MGs. Suppressors, SBRs, SBSes, AOWs, and DDs are all fine to buy without a signoff or permission letter SO LONG AS they only fire one shot per pull of the trigger. Dual registrations (one-tax guns, DD/MGs, etc.) will be treated as MGs.

9. I cannot speak to how this effects manufacturers- they may not be able to build post-samples without permission letters. Or, at the moment of completion, the gun may be illegitimate in the eyes of the ATF without a letter. As for importers... Uhm... I have NO idea.  

10. Waukesha County is granting authorization (permission) letters to Waukesha County residents who are willing to do a home inspection. You must have deadbolts on the outer doors, a safe, a door chime (a ding or buss is audible when an outer door is opened), and they like to see an alarm and a deadbolt on the room with the safe. (I do not know if the alarm and the deadbolt on the room with the safe are mandatory or not; my MG clients all have those so it wasn't an issue.) Individual Milwaukee County and Racine County municipalities will sign, but the County Sheriffs will not. I cannot speak to other counties, as I can't get in new MGs to bother checking in with those CLEOs.

At this point, the whole thing has been a goddamned disaster. I'm at the point of throwing in the towel for another line of work that is not so utterly at the whim of a government official needing something to do that day to justify their position.

Mike
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