NFA Gun Trust Lawyer Blog
In response to 41P we have asked others to send and inquiry to their local police to determine if ATF’s proposed changed to the CLEO signature would make a difference in the policy to provide or not to provide signatures on Form 1 or Form 4 applications. Below is the type of response we are looking for to provide in future comments to the ATF. If you have received a response from your local police department, please print a copy of your inquiry, the response and draft a short verified statement telling your story . Sign it under penalty of perjury and then send it to us to be submitted in additional comments that are being prepared.
Response from Orlando Police Orlando-police-letter.pdf
Tuesday, October 22, 2013 2:25 PM Dear Mr. Myers:
Orlando Police Chief Rooney is out of town on agency business; he asked me to respond on his behalf to your inquiry about proposed changes to the ATF Form 4.
Your communique suggests that ATF believes the language change will make local chiefs and sheriffs more inclined to sign the Form 4.
The current language requires the chief law enforcement officer to certify that he or she has no information indicating that the person to whom the firearm will be transferred will use the firearm for anything other than a lawful purpose.
The proposed change would have the chief law enforcement officer instead certify that:
(1) The prints and photo provided with the form belong to the person responsible; and
(2) The chief law enforcement officer has no information to indicate that receipt or possession of the subject firearm violates state or local law.
Unfortunately, we do not believe the proposed language amendment will change our position with respect to whether the Orlando Police Chief should execute these forms for firearms transfers. It remains our position that the local law enforcement chief executive officer should not be involved in, or liable for, individual firearms transfers.
Sincerely,
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Lee Ann Freeman Police Legal Advisor Orlando Police Department P.O. Box 913 Orlando, Florida 32802-0913 407.246.2356 407.246.3889 Telefax