Sheriff retains copy?

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  • 052.5GT

    Plinker
    Rating - 0%
    0   0   0
    Jan 21, 2009
    131
    16
    Columbus
    I am wondering if it is legal for the Sheriff or whoever you LEO signature is on your 5320-4 is allowed to keep a copy of your form 4 when they sign it. What are they allowed to use this for if allowed to keep a copy. Without it being an approved form, what good is it to them?
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
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    Technically the Form 4 is a tax document, and thus is private. Problem is, the LEO has to sign it, and there is nothing in the law keeping them from retaining a copy as part of signing the form. There's really nothing they can use it for unless they are keeping some kind of local "registry" to know what people have.

    If the rule change goes into effect removing the LEO signature, you'll still have to send them a copy to notify them, like you do when you apply for an FFL. Some LEO's will probably keep the info, some will recycle it... who knows.
     

    xryan.jacksonx

    Sharpshooter
    Rating - 100%
    2   0   0
    Jun 3, 2012
    313
    18
    Technically the Form 4 is a tax document, and thus is private. Problem is, the LEO has to sign it, and there is nothing in the law keeping them from retaining a copy as part of signing the form. There's really nothing they can use it for unless they are keeping some kind of local "registry" to know what people have.

    If the rule change goes into effect removing the LEO signature, you'll still have to send them a copy to notify them, like you do when you apply for an FFL. Some LEO's will probably keep the info, some will recycle it... who knows.


    I know the stamp and approved form are tax documents, but I'm not sure that a form that hasn't been submitted yet would qualify. There is no tax due from you and no tax has been collected yet. If it would fall under the category of tax documentation, then I think you could have a case for them to not retain it. That said, they could probably still write your name and address down for their records.
     

    052.5GT

    Plinker
    Rating - 0%
    0   0   0
    Jan 21, 2009
    131
    16
    Columbus
    Thanks for the input.

    I was informed they copy it and keep it on file because the county prosecutor had asked one time what someone had applied for, they had current domestic dispute charges filed on them, and the sheriffs dept could not tell them. From then on they have been copying and keeping it filed. I thought that the prosecutor could request this from the ATF if needed.
     
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