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Cleo Sign-off Question


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#1 Lancer

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Posted 22 April 2004 - 05:30 PM

Does anyone know if a City Prosecutor is an acceptable CLEO to the BATFE? I'm unsure because he prosecutes only misdemeanors. He arraigns felony charges in municipal court and then they are turned over to the County Prosecutor. In Ohio I don't think we have anyone with the title "District Attorney".

Anyone have an opinion?

Thanks, Lancer
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#2 LSU Tiger

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Posted 22 April 2004 - 05:38 PM

Here, our CLEO is the Sherriff since his jurisdiction covers the entire Parish (county).
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#3 DC Chris

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Posted 22 April 2004 - 06:51 PM

I don't think a local (city) prosecutor would cut it,but I could be wrong. In my state, the local officials do not have the authority (Maryland) to do this. A state prosecutor might be a better bet, but it really comes down to Ohio's gun laws and process for controlled firearms.

Your state police should have a firearms licensing division for concealed carry, etc. I would start there with making some phone calls. Typically these are staffed by Sargents (or above) who are quite helpful.

If your state requires a background check for NFA items, they should take the form, take your money, certify that they have no reason why you should not own the firearm and return it to you. In Maryland, this takes three to four weeks.

Funny you said that because I just got my form four signoff yesterday. Its already on the way to Chicago for my WH 1928.

Good Luck. Phil might have some better answers with respect to Ohio than I do.

Chris.

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#4 hawksnest

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Posted 22 April 2004 - 07:04 PM

The City prosecutor is not a district attorney. In Ohio the County Prosecutor is the equilivent of "Local District Attorney". Other CLEO are the County Sheriff and the Chief of Police. Must be in your city, town or county of residence. I don't know if a City Prosecutor is "another person acceptable to the Director, Bureau of Alcohol...".
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#5 Lancer

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Posted 22 April 2004 - 07:54 PM

My local Cheif of Police has a standing policy of not signing for anyone. The City Prosecutor has told me he would sign if BATFE would accept it. The Sheriff has signed in the past, but all where police officers. Not sure about him.
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#6 Z3BigDaddy

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Posted 22 April 2004 - 08:18 PM

Sorry bout that... Not elected is he?.... Our sheriff here does a two day turn around on sigs, and they have the electronic, read no ink, fingerprint machine... Just did the pics once and it popped out four print cards for me.... I have to admit all my paperwork went flawlessly, and was very quick at every point. Hearing stories like yours makes me just that much more thankful for where I live... Your guy is basically deciding he is not going to allow you your legal "right" just because... What a fookin joke....
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#7 catnipman

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Posted 22 April 2004 - 11:28 PM

I believe the NFA allows several types of corporate entities to own machineguns, and when such is the case, a CLEO signoff and fingerprinting are not required for the transferee.

In Colorado, for example, the simplest qualifying entity is the LLC, which has most of the advantages of a corporation, but very few of the disadvantages.

For example, in Colorado, I could establish "Catnipman Military Antique Investments, LLC" to own machineguns. The cost to establish such an entity is $50.00, and the annual cost to keep it alive is $10.00, and everything can be done via the web and paid with a credit card. Totally convenient!

I belive you could also have an associated C&R FFL in the name of this entity, in which case, transfer of C&R weapons can be made directly to the corporate entity without extra transfers to Class III dealers.

The transferee still uses Form 4 and pays the tax, but a huge amount of the red tape is eliminated this way.
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#8 John Jr

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Posted 22 April 2004 - 11:47 PM

Good points catnipman. People should take notice

Jr
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#9 Arthur Fliegenheimer

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Posted 23 April 2004 - 12:01 AM

That is the route Massachusetts resident Robert Silvers is taking with his two dozen plus NFA weapons.
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#10 SecondAmend

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Posted 23 April 2004 - 06:42 AM

I believe there was a thread concerning this topic on the Subguns NFA discussion forum not too long ago. If I recall, there was someone who had authoritive evidence that the signing authority (in their case it was a judge) had to have felony level jurisdiction. From your information, your city prosecutor appears to lack that level hence the authority. On the other hand, who knows what the ATFE will accept or deny. After all, they are the government and they are there to help you.
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#11 LSU Tiger

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Posted 23 April 2004 - 06:53 PM

We had a case here a few years back, where a doctor was denied the CLEO sign off. He was in good standing, with a clean record. Well, the good doctor sued the Sherriff's office for defamation of character and won! ohmy.gif Now, as long as you have a clean record, no problems. biggrin.gif
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#12 Bruce L

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Posted 23 April 2004 - 07:24 PM

The definition of Law Enforcement Certification on the form 4 instructions include "a state or [/I]LOCAL[I](emphasis added) district attorney or prosecutor having jurisdiction in the tranferee's are of residence.

IMHO, a city prosecutor would be included in this definition, assuming you reside within the PJ over which he/she has jurisdiction.

Just my 2 cents.
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#13 Lancer

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Posted 30 April 2004 - 09:29 PM

This is just a kind of happy ending for this thread. My Sheriff has indicated that he is willing to sign for me. biggrin.gif Thanks to all for your opinions.

Anyone got a Colt for sale? smile.gif

Lancer
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