CLEO predicament

[Ericpwp]

Here is my predicament…

I’m new to NFA reason being the CLEO signoff was not going to happen. 42f rolled around and I saw an opportunity. I submitted a form 1 for an SBR, sending the required copy to the local CLEO tracked by USPS. A few days later I received the CLEO copy back with a vague note stating they do not process these, with the suggestion I take it to county.

So, has my obligation been fulfilled? Should I pursue it further with the department as a courtesy? Should I contact the county? Do I need to bring this up with the BATF?

What say you INGO?

 

[Dog1]

Seems like to me you did what you were supposed to do-

The Department has revised the regulations in 27 CFR 479.62 and 479.84 to require the applicant orresponsible persons to submit (mail or deliver) a completed copy of the application (Form 1, 4, or 5) ora completed copy of Form 5320.23 (National Firearms Act (NFA) Responsible Person Questionnaire),respectively, to the chief law enforcement officer of the locality in which the applicant or responsibleperson is located. In the case of a trust, this is considered located at the primary location where thefirearm will be maintained. In addition, the “responsible persons” associated with a trust should eachsubmit documentation to their CLEO having jurisdiction where the responsible person is located.

 

[masterdekoy]

Did you send this to the Chief of Police for your city? Seems like he is telling you to send to the the County Sheriff... Are you sure you sent it to the correct person for your address?

 

[ROLEXrifleman]

You did your part. The chief is the one who is in the dark. There is nothing for him to process and what he does with the copy you are required to send isn't your problem. Keep it with the note and go on your merry way.

 

[Ericpwp]

Seems like to me you did what you were supposed to do-

That was kind of my take.

Did you send this to the Chief of Police for your city? Seems like he is telling you to send to the the County Sheriff... Are you sure you sent it to the correct person for your address?

Yes, addressed to the Chief of Police. The note was from someone in his office. I live within the municipality and I put his name on the form as the CLEO. I don't want to have to amend it or anything.

 

[Ericpwp]

You did your part. The chief is the one who is in the dark. There is nothing for him to process and what he does with the copy you are required to send isn't your problem. Keep it with the note and go on your merry way.

I was going to keep the note with the form and the envelope it was sent in.

 

[masterdekoy]

That was kind of my take.


Yes, addressed to the Chief of Police. The note was from someone in his office. I live within the municipality and I put his name on the form as the CLEO. I don't want to have to amend it or anything.

Imwould think you did your part... I'm not a lawyer though.

 

[Ericpwp]

Thanks for all the input. Besides, I think the Sheriff is a bit handcuffed at the moment.
https://www.indianagunowners.com/fo...rtage-mayor-lake-county-sheriff-indicted.html

 

[gamecrimez]

Thanks for all the input. Besides, I think the Sheriff is a bit handcuffed at the moment.
https://www.indianagunowners.com/fo...rtage-mayor-lake-county-sheriff-indicted.html

Ya I don't think he will be signing off on anything anytime soon other than maybe a plea agreement.

 

[DanVoils]

Every time I see CLEO I think of this. I remember the TV commercials.

 

[actaeon277]

Maybe you should notify the Feds, that local won't handle it, and county is a bit... "tied up" at the moment.

 

[Anima mundi]

Maybe you should notify the Feds, that local won't handle it, and county is a bit... "tied up" at the moment.

I would ditto this. Contact your local ATF office and see what they have to say about it. Chances are they'd say you're good to go since you've done your part federally. It seems to me like the ball should be in the chief's court at this point.

 

[Reverend Dreed]

I am not a lawyer so my input is meaningless but my understanding is that the county sheriff is the CLEO. I got this impression from the batfe while filing for my 03 ffl .

 

[Cameramonkey]

Thanks for all the input. Besides, I think the Sheriff is a bit handcuffed at the moment.
https://www.indianagunowners.com/fo...rtage-mayor-lake-county-sheriff-indicted.html

SOMEBODY has to be the Sheriff, even if its an interim. Send it anyway?

Since its a trust, isnt it a "notify" only and not an approval required?

 

[M67]

You made an effort/attempt at notification.

To me, your obligation is fulfilled

 

[Ericpwp]

From ATF FAQ

The chief law enforcement officer is the local chief of police, county sheriff, head of the State police, State or local district attorney or prosecutor.

Since 41f there is no requirement for signature, only notification, trust or individual.

 

[Cameramonkey]

From ATF FAQ

Since 41f there is no requirement for signature, only notification, trust or individual.

IANAL but I'd say if you submitted to the head of the LEO that comes when you call 911, you are good. keep your receipt that shows they essentially ignored you and if you are concerned also submit to the Sheriff. It cant hurt, can it? Not like whoever is in charge can deny you.

 

[DanVoils]

IANAL but I'd say if you submitted to the head of the LEO that comes when you call 911, you are good. keep your receipt that shows they essentially ignored you and if you are concerned also submit to the Sheriff. It cant hurt, can it? Not like whoever is in charge can deny you.

I agree that you did what was required and should proceed.

 

[Ericpwp]

Thanks for the input guys.

So off-topic, here's another story from this adventure.

I sent the two copies in Priority Mail envelopes with the free tracking on election day. One a mile away, and the other in Georgia, they both were scheduled to arrive on Thursday. I check the tracking on Thursday. The CLEO got his and the BATF copy is delayed in shipping. Great. Friday is Veteran's Day, so the wheels aren't turning at USPS.

I sign into my Discover Card account to see if by chance I had been charged. No, but I see that I had a strange $.60 charge pending from an unknown entity in Ohio. I was like CRAP this is the last thing I need. I'm going to have to cancel my card and it is going to screw up the NFA form. So I sit on it.

I check the tracking a few times on Saturday and it gets to the BATF. I am also keeping an eye on the pending charge on my account (I cannot flag the charge via online until it posts). BAM, a $1.00 pending charge at a Home Depot in Georgia, now I know I've been compromised.

The last time my Discover Card was compromised they used it at Home Depot. I saw a feeler charge. Then they bought 4 generators at two Home Depots and paid a delivery service to pick them up in-store.

I'm looking all over the web trying to find out how long it will take the BATF to charge my card. I'm coming back with the impression that they do not sit on it. I will give it until Monday before I cancel the card.

Monday rolls around. I am constantly looking at my account to see any changes. None of the charges are coming out of pending, and no new charges.

Finally I see one from the BATF. I immediately call discover and flag the charges telling them the BATF one is okay. They take care of everything and I get a new card overnighted.

I can't prove my card was compromised via the USPS, but the timing was very suspect. Discover really didn't want all those details. They will probably just write it off as a loss.

What a ride! Now I wait.

 

[tbhausen]

The things I'd love to do to people like that aren't fit for printing here.