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Silver Bullet member
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Discussion Starter · #1 ·

I am reposting this from the Machine Gun forum, as it will be of interest to most people interested in RKBA:




Governor Parnell signed HB 319 into law today, which makes CLEO signatures on ATF Form 4 mandatory within 30 days for all applications submitted by qualified applicants.

The relevant text:

Sec. 18.65.810. Execution of federal firearms forms. (a) The chief
administrative officer of a municipal police department for a person who resides in the
municipality and the head of the Alaska state troopers for a person who resides in the
state but does not reside in a municipality with a police department shall execute
within 30 days federal firearms forms required to be submitted by the person as a
transferee of a firearm if the person is qualified under state law to possess the firearm.

Alaska now becomes, to my knowledge, the first "shall issue" state, with respect to NFA weapon transfers.

Kudos to Representative Mike Hawker who sponsored this law, and Governor Parnell who signed it! It's great to live in the most gun-friendly state in the Union!!
 

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Diamond with Oak Clusters Bullet Member
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I don't understand the law. Does it apply only to class 3 weapons ??? or to any weapon ??

In Kentucky, the transferee of a weapon - other than a class 3 one - does not need the any one to sign off on it.
 

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Gold bullet with Oak Clusters member
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I'm sorry but I read it three times and I haven't got a clue what it says. Is it god or bad, more or less hassle for form 4 holders.
 

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Silver Bullet member
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Discussion Starter · #5 ·
A completed BATFE Form 4 that is also signed by the Chief Law Enforcement Officer of an applicant's town of residence is required before ATF will process an NFA transfer, machine gun, SBR, etc.

That is required by the federal National Firearms Act. The problem is that there is no way to force a CLEO to sign a Form 4....it is entirely discretionary under federal law. So many people who want to purchase a machine gun in states where such possession is otherwise legal are unable to buy the gun simply because the police chief hates private ownership of NFA weapons. The situation is analgous to the "May-Issue" CCW permit problem.

This law in AK makes the signature of the CLEO mandatory within 30 days of submission of the application for signature, unless specific legally defined reasons to deny the application exist.

Hope this helps clear up any confusion.
 

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Good Luck. Tennessee passed a similar law in 2003. Public Chaper 275, TCA 39-17-1361.


“The sheriff or chief of police of the city of residence of a person purchasing any firearm, defined by the National Firearms Act, 26 U.S.C. § 5845 et seq., shall execute within fifteen (15) business days of any request all documents required to be submitted by the purchaser if the purchaser is not prohibited from possessing firearms pursuant to § 39-17-1316."

I've had to file a lawsuit to force my sheriff to execute my documents. He says the law is unconstitutional.


https://docs.google.com/fileview?id...zMtNTgyMS00Y2YyLTg2YWItYWMwMmE3ZTk3OTcw&hl=en
 

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Discussion Starter · #8 ·
Your sheriff is demonstrating his ignorance of how our countries legal and political systems work. Printz v United States is the SCOTUS opinion from 1997 in which the court held that those portions of the Brady Act which mandated that local officials comply with a federal mandate was unconstitutional, as the commandeering of local officials by the feds violated the 10th Amendment.

Your sheriff's error in your case stems from the fact that he is commanded to perform a duty not by federal law, but by a state statute. He doesn't have a constitutional leg to stand on. Make sure he pays the legal fees you incurred in obtaining your writ of mandamus that compelled him to perform his statutory duty.

If you get a chance to needle him about this matter, you might suggest to him that you hope he trains his deputies to a higher standard of knowledge about constitutional law, especially as it pertains to individual liberties and the Bill of Rights, than he personally has demonstrated.
 

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He is a former assistant district attorney and has worked for the state of tennessee for a long time in law enforcement.

I'm aware that his reliance on the cases he mentions in his brief are in error. As you state, those cases decided that the federal gov could not force the sheriff to execute the documents but in this case it is the state who is mandating the execution. With a liberal Attorney General who does not believe he has an obligation to execute and a supreme court which is solidly liberal I'll probably lose and make some bad case law.
 

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Ibelieve the original intent of having a cleo sign off first was to ensure that the person had not violated any state law that would have prevented him from owning a class three weapon. BUT as others have noted, a left wing Cleo could refuse to sign because of his politcal beliefs rather than for a legitimate reason.
 

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Diamond with Oak Clusters Bullet Member
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if I recall correctly, applications from a corporation, trust, etc are not required to have any signature from Cleo.

I was told this when I picked up my first class 3 item. The city police chief is known for refusing to sign. I was offered this as an avenue. However, the County Sheriff will sigh them without any problems.
 

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Trusts do not have a CLEO signoff or provisons for photos or fingerprinting. The reason why is the weapon is not being transfered to a person. I'd like this weapon in my name as an individual only.
 

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Good on You, Expert! Get the word out there!

"El Jefe De Los ametralladoras Alaska"!
 

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Discussion Starter · #14 ·
LOL, Ak_milsurp!

I don't think you have anything to worry about, kiwkrnu. A writ of mandamus is specifically issued for just such a situation, that is when a public official has a clearly defined statutory duty and fails to perform said duty. You have a clearly worded statute that explicitly establishes a duty on the part of the sheriff.....I don't think the sheriff has a chance in front of the judge, no matter what his legal background. And the sheriff knows this. If the Sheriff brings up Printz v US, then you now know exactly how to respond.

Personally, if the guy is a lawyer, then I think he is bluffing you.....he will cave as soon as you file for the writ. Be sure to address the waste of taxpayer's money with your local elected representative who appropriates the budget for the Sheriff's Dept.....Those thousands of dollars wasted by the county to pay for your attorney's fees will no doubt engender a conversation with the Sheriff come next budget time.
 

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You may not understand, I'm pro se. I have petitioned for the writ of mandate. He has motioned for dismissal and answered the petition. He is a former assistant district attorney who is, of course, represented by the county attorney. The case is being heard by another former assistant district attorney.

my petition for writ of mandate 9-20-10

sheriff's motion to dismiss 9-29-10

sheriff's answer to complaint 10-1-10

Hearing for the motion to dismiss is on 10-18-10. I'm writing my memorandum of law against it.
 

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Diamond with Oak Clusters Bullet Member
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Trusts do not have a CLEO signoff or provisons for photos or fingerprinting. The reason why is the weapon is not being transfered to a person. I'd like this weapon in my name as an individual only.
But it is a lot easier to transfer ownership of a trust or a corporation than to transfer ownership of the firearms itself.
 

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I hope you notified the press that the sheriff and his buddies have scoffed at the law that was put on the books by the legislature.
 

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The Squeaky wheel gets the grease! Keep on it! THe Sheriff is hoping you will go away....
 

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It is too expensive for me to keep being the squeaky wheel, $1300 for the court of appeals plus depositions and everything else. I have two other cases pending which are more important. I did what I could and notified everyone who could help, but got nowhere.
 
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