SmarterthanYou
rebel
ATF & U.S. DOJ Plan to Remove CLEO Signature Requirement for NFA Firearms Transfers
According to the National Firearms Act Trade & Collectors Association, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Department of Justice (DOJ) are preparing to remove the often burdensome Chief Law Enforcement Officer (CLEO) signature requirement from Form 1 and Form 4 for NFA firearms. (see article here)
“NFA firearms” are highly regulated devices meeting the specific and somewhat counter-intuitive definition of “firearm” as that term is defined under the federal National Firearms Act (NFA). These “firearms” include machineguns, short-barreled rifles and shotguns, destructive devices, silencers, and “any other weapons,” as that phrase is defined by the NFA. http://nfatca.org/
To lawfully possess any of these devices, one must register it with the federal government. And to make or transfer such devices, one must first submit Forms 1 and 4 to the ATF requesting approval to do so. Under the current requirements, those forms must be signed by the local CLEO where the intended recipient of the NFA firearm resides before ATF can give its approval.
A problem most Americans run into when attempting to make or acquire an NFA firearm is that most CLEOs are not too keen on signing the federal paperwork. Some outright refuse. And there is no way for the individual to compel the CLEO to sign.
In response to this, and as a way to get around a stubborn CLEO, NFA firearm enthusiasts who wanted to acquire these devices have created “NFA Trusts.” Federal law allows for the transfer of an NFA firearm to a trust without a CLEO signature. But NFA Trusts tend to be costly to set up and, if done incorrectly, can expose the trust members to federal criminal prosecution. And even if an individual is able to obtain an NFA firearm directly or through a trust, state laws and restrictions still apply.
Even if a person is the legal registered owner of an NFA firearm and in compliance with federal law, that person may nonetheless be subject to felony criminal prosecution under California law for possession of certain NFA firearms if they do not have a separate California permit. These permits for machineguns, destructive devices, and short-barreled shotguns and rifles, are practically impossible to get unless you are a member of, work closely with, or supply the military, law enforcement, or the entertainment industry. And silencers cannot be possessed by anyone other than certain military, law enforcement, and dealers/manufacturers licensed under the NFA.
The removal of the CLEO signature requirement opens a new door of personal defense options, especially for those Californians who wish to acquire “any other weapons” (AOWs).