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Posted: 10/30/2016 7:01:41 PM EDT
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So, filed my first post-41F Form 1, and it's turned into a mess, as I was afraid of.
I used SilencerShop's state-level CLEO info, that BigWaylon also listed in his "How To" thread. Filled it out, along with all the RPQ forms, and mailed the CLEO copies to chief of Washington State Patrol. Got a letter in the mail last week, from my local sheriff, stating that WSP emailed them a copy of my Form 1, and that I need to file a new form, listing local sheriff as my CLEO, because they have jurisdiction over my trust's address, and need to deliver it to them in person, with valid photo ID so that they can complete the required background check?! WA has no laws that are above and beyond federal law. Simply states "registered according to federal law" is allowed. I followed federal law, have a letter acknowledging I notified chief of WSP, so now what? I don't see how I am required to do anything, but wait for ATF to send me my stamp. Any thoughts? I dont really feel like cancelling my application and starting over, when I followed the instructions to the letter on the first go-round. 
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You nailed it. I wouldn't give them a thing, you already followed the law perfectly in my opinion. The letter they sent you even further solidifies that you notified them. Kick back and wait for the stamp.  Exactly. Notification was made. Instruction (2)(g) clearly lists the Head of State Police as a valid CLEO. |
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Exactly. Notification was made. Instruction (2)(g) clearly lists the Head of State Police as a valid CLEO. Quoted:
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You nailed it. I wouldn't give them a thing, you already followed the law perfectly in my opinion. The letter they sent you even further solidifies that you notified them. Kick back and wait for the stamp. Exactly. Notification was made. Instruction (2)(g) clearly lists the Head of State Police as a valid CLEO. Yeah, my only real concern is I have a Wolverine and Sandman-S inbound. I might just list local sheriff as CLEO and drop forms off in person, if it doesn't cost extra, I really don't care what they do with the forms. ATF says "No action required" on their copy, if they want to go above-and-beyond, so be it. I think part of the issue is that NFA in my area is slim-to-none, so they might not even know they don't have to "approve" anymore, and can just round-file the forms. We'll see. Sure as hell don't want to resubmit though. 
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The photo ID and BG check statement is why I wouldn't go see them. You can go drop the forms off if you with local CLEO if you want, but that should be the end of the convo.
And I'm not sure what you'd specifically be concerned about. You followed the law, they had no idea how to deal with it. |
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True. I just dont know what (if any) the repercussions could be if WSP keeps forwarding Form 1/4 to my CLEO. Can they call ATF and say anything? Seems to me ATF would just tell them "Thats how the law is written" and be the end of it? That's all I could see them saying. The ATF published an open letter to CLEO regarding 41F. The forms themselves list some of the possible CLEO, and gives them instructions on what to do. Wonder what all the SS customers' experiences are so far 
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The problem is the CLEO is allowed to tell ATF to deny if there is reason.
My CLEO that has signed my forms for years has always required a local background check. If you don't do the BC he wouldn't sign. I don't know exactly how or for what reason a CLEO could call in a denial, but the entire premise of the signature was that the CLEO was signing that they didn't have reason to deny you. If you not submitting to a local BC is reason enough for them to send a denial, they might be able to do so. You are correct that you have done everything you are supposed to as required by ATF, but that may not be good enough for your local dept, and they may have the ability to get your app denied if you don't play by their rules Again, I want to emphasise that I don't know what justification the local authority has to have, but I'd be willing to bet they have a way of interuptting the process if they feel something is amiss. |
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The problem is the CLEO is allowed to tell ATF to deny if there is reason. My CLEO that has signed my forms for years has always required a local background check. If you don't do the BC he wouldn't sign. I don't know exactly how or for what reason a CLEO could call in a denial, but the entire premise of the signature was that the CLEO was signing that they didn't have reason to deny you. If you not submitting to a local BC is reason enough for them to send a denial, they might be able to do so. You are correct that you have done everything you are supposed to as required by ATF, but that may not be good enough for your local dept, and they may have the ability to get your app denied if you don't play by their rules Again, I want to emphasise that I don't know what justification the local authority has to have, but I'd be willing to bet they have a way of interuptting the process if they feel something is amiss. Read the actual Form 4 instructions to law enforcement, other than the notation about possession being contrary to state or local law, it's all about whether the applicant is under indictment for a felony, convicted felon, convicted of domestic abuse, drug abuser, etc... Nothing about "I don't want them to have it" or "they didn't get my permission first (unless the permission is codified in state law)". |
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Quoted:
Read the actual Form 4 instructions to law enforcement, other than the notation about possession being contrary to state or local law, it's all about whether the applicant is under indictment for a felony, convicted felon, convicted of domestic abuse, drug abuser, etc... Nothing about "I don't want them to have it" or "they didn't get my permission first (unless the permission is codified in state law)". Yup. The CLEO is supposed to contact the ATF directly if they have information that would disqualify the applicant from possessing or making the firearm. That's doesn't mean the CLEO is supposed to put the applicant through hoops to prove that they are not ineligible to possess or make the firearm. The ATF is going to do the check anyway, so once again the CLEO sign off/notification concept is an archaic redundancy. |
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