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Sorry, but this is pure BS. All your CLEO needs to sign off on is that you are legal to own an NFA item.
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Yes. It is pure BS. There is no part of the GCA of 1934, or federal regs that mentions a CLEO signoff... this is an ATF MANDATED regulation. It's nice when they can not only create their own regs... but enforce them at the same time. That is why you should all send your donation to The 1934 Group which is suing the ATF to have the CLEO Signoff requirement removed.
If this is true you should simply verify your ID and tell him to either have your CLEO sign off or you'll get a writ of mandamus which simply forces him to do his friggin job.
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Sorry. That won't work. In as much as there is no mention of a CLEO Signoff requirement in the federal code. There is also no regulation that REQUIRES your CLEO to sign the form.... nice how that works isn't it?[rolleyes] My CLEO refused to sign and I ended up forming a non-profit corporation and registering my cans to the corp. This bypassed the need for the CLEO signoff, fingerprints, photo's, etc. I won't delve into the pro's/con's of corp vs. private ownership here. Needless to say it was my last option to obtain Class III toys legally.
Personal interviews are not called for to get a form 4 CLEO signoff. [pyro]
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Again, much agreed. But the CLEO is kind of holding the "magic pen" on this one. If he wants you to hop on one foot and dance like a monkey before he'll sign your form.... well.....
Just be friendly, appreciative if he signs your form. Politely dissappointed (and make your dissappointment known) if he won't... remember... in most places... Sheriff's are an ELECTED official. Politely remind him of that.
Then... go over his head. Ask the county prosecutor. A trial judge with juridstiction over your area. A state judge. The cheif of the state police. The way the NFA Branch people of the ATF explained it to me, it can be any official who has jurisdiction over where you live and has the power to arrest someone, or have them jailed for more than a year (so no traffic court judges, small claims court judges, etc.) Basically what the ATF wants: An official who can do two things 1) Run a background check on you and make sure you have a clean record; 2) Certify that the photo's and fingerprint cards you are submitting with the Form 4 are really yours. That's all the ATF really wants to know.
Try:
- City Police Chief
- County Sheriff
- County Prosecutor
- State Police Chief
- County Court Judge
- Stae Court Judge
- State Attorney General
If they refuse ask them to formally refuse in writing. Collect these refusals and send them to the ATF. Then, according to federal law, they MUST supply you with a list of other officials who's signature would "be acceptable to the Director of ATF." If no one on the list they provide you with will sign then start asking Federal officials if they will sign.
- Director of local FBI Field Office
- Director of local US Marshalls Office
While the ATF WILL NOT specifically direct you to a federal official that will sign your form. If you go out and obtain the signature of a federal official the ATF MAY (emphasis on MAY) accept that as a CLEO signature. They are not required to accept it but it has been known to work in the past.
OK. Enough typing for me.... Good luck!