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Posted: 2/21/2014 12:29:40 PM EDT
Greetings,
Anyone on this board had issues with CLEO sign off in New Kent?
thanks!
Link Posted: 2/21/2014 12:38:26 PM EDT
[#1]
Link Posted: 2/21/2014 1:11:49 PM EDT
[#2]
Have you actually called the NKSO to ask?
Link Posted: 2/24/2014 5:34:48 AM EDT
[#3]
Quoted:
Have you actually called the NKSO to ask?
View Quote


um, Yep sure have.    In addition to the archived thread above I have heard that an acquaintance mentioned he had difficulties and went the trust route in that county.  I have done a bit of phone tag for the last few days with them and I haven't heard back from the Sheriff himself, but his subordinate mentioned something to the effect of the Sheriff wasn't fond of suppressors.  I sent in a more formal request via email in addition to phoning in, will update with his reply.
Link Posted: 3/5/2014 11:39:36 AM EDT
[#4]
UPDATE:
After extensive phone tag I sent an email request to the Sheriff asking for fingerprinting/paperwork for this.  My email read:

Sheriff F.W. Howard Jr.
12001 Courthouse Cir.
P.O. Box 186
New Kent, VA 23124
Dear Sheriff Howard:
I am in the process of purchasing a suppressor and would like to formally request an appointment to have the required preliminary ATF paperwork processed by you and your department.  As I am sure you are aware, the ATF requires both fingerprinting and the chief local law enforcement officer of my home residence (in this case, you) to sign off on the Application for Tax paid Transfer and registration of Firearm forms before they can process my paperwork for this suppressor.  This certification requirement for CLEOs simply reads that the signer has “no information that the transferee will use the firearm or device described for other than lawful purposes” and that you “have no information that the receipt or possession of the firearm or device … would …place the transferee in violation of state law.”  As I am sure you can tell, I have a clean record, am a Virginia Concealed Carry permit holder who has taken multiple firearm safety classes and am not legally precluded in any way from completing this transaction and taking possession of this item (a .22 rimfire suppressor).  Thank you for your cooperation and I appreciate you taking the time out of your busy schedule to assist me with completing the ATF/NFA paperwork in a timely fashion.
Sincerely,
XXXXr
View Quote




Within minutes I got a call from a very nice Lt. Carter who set up an appointment for me later the next week.  After taking a half day off of work to go into the NK Courthouse last week (so much security that you'd think they had nuke launch codes, I64 must pay great ticket dividends) and doing the whole metal detector thing, getting fingerprinted, having my license run and all of that fun pick up the can oriented stuff, I got a call from the NK Sheriff's Office today.  Sheriff's secretary said that my background check was fine but because the Sheriff had "no knowledge of me he wasn't comfortable signing off".  I explained that the Sheriff legally didn't have to personally know me, that it wasn't a character reference, and repeated the language of the form stated that the CLEO was signing "“no information that the transferee will use the firearm or device described for other than lawful purposes” and that you “have no information that the receipt or possession of the firearm or device …4 would …place the transferee in violation of state law.”  

She put me on hold so I could talk to the Sheriff myself.  Sheriff repeated that he didn't know me so he wouldn't sign, and told me to get ATF squared away and THEN talk to him (and we know it doesn't work that way, it HAS to be the other way around).  I told him that local CLEO must sign before ATF processes, and repeated that his signature was only to vouch that he had “no information that the transferee will use the firearm or device described for other than lawful purposes” and that you “have no information that the receipt or possession of the firearm or device … would …place the transferee in violation of state law.”  I asked if he had information to the contrary of that statement, and he said he did not, but wouldn't sign off.  I then asked him if he was willing to put a denial in writing, as he was an elected official who knows that this is a fully lawful and legitimate transaction and that if he didn't sign he was basically blocking the same.  Sheriff refused to put the denial in writing and told me to try the Commonwealth's Attorney instead.  I asked if the CA ever signed off, and he said he didn't know of him ever doing that.  I also mentioned to the Sheriff that in the future it would be helpful if he would tell folks UP FRONT that he refused to sign these before
they spent a half day getting fingerprinted at his office, he told me he'd "take it under advisement".  At this point I am waiting to hear back from the Commonwealth's Attorney, but the Asst. CA told me in seven years he had never seen anyone sign off on one in New Kent.

Will update once I hear from the Commonwealth's Atty on this, and if not, will obviously go the trust route, and btw, the Sheriff ran UNOPPOSED last election.  I am sure hoping that isn't the case next go round.

TL/DR:  Sheriff Howard in New Kent is no friend of the 2nd Amendment, go the trust route if you live in New Kent and want NFA stuff.
Link Posted: 3/5/2014 12:23:10 PM EDT
[#5]


Discussion ForumsJump to Quoted PostQuote History
Quoted:


I then asked him if he was willing to put a denial in writing, as he was an elected official who knows that this is a fully lawful and legitimate transaction and that if he didn't sign he was basically blocking the same.  Sheriff refused to put the denial in writing and told me to try the Commonwealth's Attorney instead.  





View Quote



I got mine (denial) in writing!  (Goochland) Of course, this was in 1998.  I didn't go the trust route until '06 or so, and by then MGs were out of my price range.  I'm now waiting on my 10th NFA item.





 
Link Posted: 3/5/2014 12:40:55 PM EDT
[#6]
OP-

You need to send a letter to our local paper (New Kent/Charles City Chronicle) and make the public aware of this type of situation.  With as conservative as this county is, I would think the people would be very concerned that their sheriff doesn't fully support Second Amendment ideals.
Link Posted: 3/5/2014 12:48:13 PM EDT
[#7]
Tipsovr,

That is the eventual plan.  Although the county is VERY pro gun, nfa stuff is a rare bird here and I doubt it gets much traction with folks, but I will try.  Gotta love an elected official who refuses to sign off on a lawful transaction for no legit reason.
thanks!
Link Posted: 3/5/2014 6:38:33 PM EDT
[#8]
Maybe now it's a matter of principal... but why not just do a trust?  I live in VA, I did a trust, and I did not need a signature from anyone.  Has the law changed?
Link Posted: 3/6/2014 5:17:29 AM EDT
[#9]
CLEO sign off (where they will actually do their jobs and etc) is simply cheaper, but yes I am looking into forming a trust now.
Link Posted: 3/6/2014 7:46:09 AM EDT
[#10]
Update: I  just got off the phone with the Commonwealth's Attorney (the other person ATF allow to sign off for this) who told me he had a longstanding agreement with the Sheriff that they wouldn't sign these forms.  Although the phrase "Assassin's tool" was used in the conversation, the Com Atty did seem to be a halfway decent guy (hunter who admitted to not liking target shooting with centerfire rifles because of noise/recoil) , but will not budge on his longstanding agreement with the Sheriff to blockade this stuff (he mentioned the Sheriff was "nervous" about civilian concealed carry as well).  Commonwealth's atty said that they have never had a crime committed with a suppressor, and that he had never fired one or been near one when it was used.  I told him I would invite him over when I get my paperwork/suppressor in hand so he could see how they work if he desired. I think Hollywood is to blame for the fear of these things.  Off to Trustville I go.
Link Posted: 3/6/2014 9:11:57 AM EDT
[#11]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


Update: I  just got off the phone with the Commonwealth's Attorney (the other person ATF allow to sign off for this) who told me he had a longstanding agreement with the Sheriff that they wouldn't sign these forms.  Although the phrase "Assassin's tool" was used in the conversation, the Com Atty did seem to be a halfway decent guy (hunter who admitted to not liking target shooting with centerfire rifles because of noise/recoil) , but will not budge on his longstanding agreement with the Sheriff to blockade this stuff (he mentioned the Sheriff was "nervous" about civilian concealed carry as well).  Commonwealth's atty said that they have never had a crime committed with a suppressor, and that he had never fired one or been near one when it was used.  I told him I would invite him over when I get my paperwork/suppressor in hand so he could try one out if he desired. Off to Trustville I go.
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Ha, when I called the State Police (where I was referred in my rejection), they basically told me to 'get bent'.
 
Link Posted: 3/6/2014 9:21:04 AM EDT
[#12]
Quoted:
Quoted:
.
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Ha, when I called the State Police (where I was referred in my rejection), they basically told me to 'get bent'.


 
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Ah public "servants"!  Pick up that can citizen!
Link Posted: 3/7/2014 5:08:36 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Update: I  just got off the phone with the Commonwealth's Attorney (the other person ATF allow to sign off for this) who told me he had a longstanding agreement with the Sheriff that they wouldn't sign these forms.  Although the phrase "Assassin's tool" was used in the conversation, the Com Atty did seem to be a halfway decent guy (hunter who admitted to not liking target shooting with centerfire rifles because of noise/recoil) , but will not budge on his longstanding agreement with the Sheriff to blockade this stuff (he mentioned the Sheriff was "nervous" about civilian concealed carry as well).  Commonwealth's atty said that they have never had a crime committed with a suppressor, and that he had never fired one or been near one when it was used. I told him I would invite him over when I get my paperwork/suppressor in hand so he could see how they work if he desired. I think Hollywood is to blame for the fear of these things.  Off to Trustville I go.
View Quote


When he and the sheriff refused to sign, did you shrug and tell them that you'd just get them in 1/3 the time, without fingerprints or photos, instead?
Link Posted: 3/7/2014 5:15:11 AM EDT
[#14]
Why are you doing this instead of........wait for it......a trust?
Link Posted: 3/7/2014 5:16:49 AM EDT
[#15]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


Why are you doing this instead of........wait for it......a trust?
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I would prefer to have mine individually, it just wasn't going to happen.



 
Link Posted: 3/7/2014 5:42:58 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


When he and the sheriff refused to sign, did you shrug and tell them that you'd just get them in 1/3 the time, without fingerprints or photos, instead?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Update: I  just got off the phone with the Commonwealth's Attorney (the other person ATF allow to sign off for this) who told me he had a longstanding agreement with the Sheriff that they wouldn't sign these forms.  Although the phrase "Assassin's tool" was used in the conversation, the Com Atty did seem to be a halfway decent guy (hunter who admitted to not liking target shooting with centerfire rifles because of noise/recoil) , but will not budge on his longstanding agreement with the Sheriff to blockade this stuff (he mentioned the Sheriff was "nervous" about civilian concealed carry as well).  Commonwealth's atty said that they have never had a crime committed with a suppressor, and that he had never fired one or been near one when it was used. I told him I would invite him over when I get my paperwork/suppressor in hand so he could see how they work if he desired. I think Hollywood is to blame for the fear of these things.  Off to Trustville I go.


When he and the sheriff refused to sign, did you shrug and tell them that you'd just get them in 1/3 the time, without fingerprints or photos, instead?



not my exact wording but yes.  To paraphrase they both repeated that they didn't want their signatures on federal forms of this sort in case something bad happened later down the road.

Good thing they don't work for the DMV I guess.
Link Posted: 3/7/2014 5:45:48 AM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Why are you doing this instead of........wait for it......a trust?
View Quote



Because well, 'Merica, in other words because there is no valid reason for them to deny this to me and it costs $0 (although my wasted time certainly has racked up quite the tab).  Sadly there is no legal compulsion (no "shall issue" wording) for them to follow up on these, but yes I am getting a trust having exhausted the local options and having bugged everyone possible in my local gov on the issue.
Link Posted: 3/7/2014 7:42:12 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


not my exact wording but yes.  To paraphrase they both repeated that they didn't want their signatures on federal forms of this sort in case something bad happened later down the road.

Good thing they don't work for the DMV I guess.
View Quote


LE agencies worry and hand-wring about all sorts of things that are not actual liabilities, and then cavalierly ignore things that are in fact huge liabilities. It's really kind of baffling. They're almost as bad as doctors in that regard.
Link Posted: 3/7/2014 7:53:06 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


LE agencies worry and hand-wring about all sorts of things that are not actual liabilities, and then cavalierly ignore things that are in fact huge liabilities. It's really kind of baffling. They're almost as bad as doctors in that regard.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:


not my exact wording but yes.  To paraphrase they both repeated that they didn't want their signatures on federal forms of this sort in case something bad happened later down the road.

Good thing they don't work for the DMV I guess.


LE agencies worry and hand-wring about all sorts of things that are not actual liabilities, and then cavalierly ignore things that are in fact huge liabilities. It's really kind of baffling. They're almost as bad as doctors in that regard.



You guys need to quote this shit for posterity. DBrowne nailed it on the fuckin' head.
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