Posted: 5/16/2006 10:30:19 PM EDT
| I do not know what to do. I purchased a m10 and now the sheriff says thet the artical is going to be ammended and, he also says it is not legal to own a mg in michigan at tis time. |
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What Sheriff, what County? Print this out from the DOJ ATF and tell the Sheriff MG's are legal in Michigan and you simply want to excercise your federal gun rights. home.comcast.net/~sessa7106/DOJATFDROLETMG.pdf |
| He said its illegal and that there is going to be an amendment to the opinion and that is what he is waiting for. I live in battle creek cal hune county. now I will try my police chief. Mr buzz of thanks for the letter maby it will help. agein sorry for the spelling |
He's an ass..move on to the Sheriif, or form a corp...he isn't obligated to sign!! "It is my opinion, therefore, that a person in Michigan may only possess a machine gun if it was lawfully possessed before May 19, 1986, and is properly registered under federal law. A person in Michigan may only transfer possession of a machine gun if authorized to do so by the federal Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. MIKE COX Attorney General" Taken from Here Seems pretty cut and dry!! |
you need to remind the dumb ass that he`s there to uphold the law not interpret it and thats what hes doing, he`s denying your rights based on his opinion |
I'm in BC as well. Don't look to the Chief for help. He isn't exactly gun friendly. If you go in armed with the opinion itself with appropriate portions highlighted, he might go for it. Battle Creek has had quite a few shootings, and guns are a bit of a hot button in the city. A lot of the sheep are bleating for them to be "taken off the street." Trying to get FA in Calhoun County let alone Battle Creek is going to be like pulling teeth from a chicken. The only way the chief is going to sign is if you suck a dick in public. |
| You don't have to get it from a Sheriff you can get one through a Metropolitan Police Department Chief, the County Prosecutor, or even the Chief Justice of your county. If none of the above work you can file a "Show Cause" motion with the county court asking the Sheriff to show cause as to why you are denied your right to a registered machinegun. However, first thing I would do would be to retain an attorney (a general practice solo-practioner) who could write up a very well worded and strong letter on your behalf to your Sheriff requesting again his approval. That way you'll have a nicely worded letter citing the Attorney General's opinion and some case law on the NFA registration. |
| You might want to let Mr. Al Byum(sp?)know that this needs his attention, not the attention of his (sarcasm)most friendly(sarcasm) prosecuting attourny John Hallacy. Byum doesnt think for himself in these situations(or any for that matter), he lets Hallacy do all the thiking. I have had to deal with both of them on several occasions about my CPL(but thats a whole different can of worms) and Hallacy makes all the calls. You might also want to ask John or Al to produce the information they have about the amendment, or let them know that untill they do you will still be sending them BOTH letters asking for the signature. Oh yea and dont worry about playing the" dont forget that I vote" card because Byum is just riding out his time and adding to his pention and doesnt really give a shit about the County. But the bottom line is that it is their choice to sign or not, so play your cards how you see fit. Just my ranting $.02 |
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Better let him know you'll be contact Mr. Cox. Also, just because he thinks there may be an ammendment to the law, he has to go by what is the law now... Idiot. Call Cox's office and or get an attorney to place a call or two. He has no legal right to do what he is doing. let us know and post pics. |
| The thing you need to remember is that he has no obligation to sign...he can refuse for any reason he wishes....or no reason at all. The fact he cited a really crappy reason is definately worth trying to shake things up a bit but at the end of the day he cannot be forced to sign. There is no such thing as a "Shall Sign" law for a form 4.....at least not here. |
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In the future if we get lucky enough to have a pro gun legislature and Governor the time would be right to draft pro-NFA legislation which would repeal the old laws and make all NFA legal and would include SHALL SIGN language. At least those are my thoughts. In regards to the CLEO sign off it's best to draft a little statement saying "I the CLEO Barny Fife refuse to sign Bust Off's form 4 for MAC 10 machine gun this day of 5/19/06 signed Barny Fife. Then move down the list of officials that can sign. If they refuse draft another statement and have them sign that one. In the end if you exhaust all signers and you have all these statements as proof then you may sue BATFE to force the transfer. Sucks but it is one resolution. The other has been mentioned. Get a trust or corp setup and bypass Sheriff Barny Fife and the rest of the BS like photo's, prints sign off etc. |