Post 41F, are you doing the NFA dance? - Page 2
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Thread: Post 41F, are you doing the NFA dance?

  1. #11
    Distinguished Member 7.62Kolectr's Avatar
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    Quote Originally Posted by Rvrctyrngr View Post
    2 copies Form 4
    2 copies 5320.23 Responsible Persons
    2 fingerprint cards per responsible person
    2 photos per responsible person

    The new form 4 has an extra copy for the local CLEO.
    Why two photos and two prints of only one is required from ATF?
    Are the police keeping my pics and prints for some reason?
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  2. #12
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    Quote Originally Posted by 7.62Kolectr View Post
    Why two photos and two prints of only one is required from ATF?
    Are the police keeping my pics and prints for some reason?
    From what I gather the second copy of everything is also for the ATF. RCR is basically saying the ATF sends you back a third copy of your Form 4 with personal information (photo/SSN, etc...) redacted. The only thing the CLEOs get is your name and address.

    That being said, the six month destruction period gives me a little hope. I might step up on some suppressor purchases.

    SBRs, not so much.
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  3. #13
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by 7.62Kolectr View Post
    Why two photos and two prints of only one is required from ATF?
    Are the police keeping my pics and prints for some reason?
    One for the form 4s, one for the 5320.23s. They go different places at NFA Branch.
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  5. #14
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by Rvrctyrngr View Post
    2 copies Form 4
    2 copies 5320.23 Responsible Persons
    2 fingerprint cards per responsible person
    2 photos per responsible person

    The new form 4 has an extra copy for the local CLEO.
    I was discussing only what needs to go to the CLEO along with the letter - not what needs to go to ATF.
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  6. #15
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by BrianB View Post
    I was discussing only what needs to go to the CLEO along with the letter - not what needs to go to ATF.
    Ah. Sorry, Brian.

    All that needs to go to the CLEO is that third copy of the Form 4.
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  7. #16
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by Rvrctyrngr View Post
    Ah. Sorry, Brian.

    All that needs to go to the CLEO is that third copy of the Form 4.
    According to the Form 4 instructions "if the transferee is other than an individual, a copy of the Form 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each responsible person must be provided to their respective chief law enforcement officer" as well.
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  8. #17
    Distinguished Member TitleIIToyLover's Avatar
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    All LEAs were sent an open letter by ATF concerning the change from CLEO signature to CLEO notification.

    I will see If I can find a copy and post it here.

    https://www.atf.gov/file/105796/download

    It is my personal opinion that the CLEO must destroy the notification immediately, if they have no reason to believe that the applicant(s) are prohibited "persons," or risk violation 790.335.
    Last edited by TitleIIToyLover; 09-07-2016 at 09:13 PM.
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  9. #18
    Distinguished Member TitleIIToyLover's Avatar
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    I was originally under the impression that the CLEO copy of the Form 1 did not require a photo, but after just reviewing the instruction on the new (May 2016) version, I now think you also need to attach a photo to the CLEO copy.

    On the new 5320.23, the picture box one the CLEO copy is grayed out and does not say to attach a picture.

    Is there still a benefit to the trust... not requiring a picture to be sent with the CLEO notification?

    I'm so confused.

    For those here who understand the prohibitions for DAVID, could a CLEO run you though DAVID just to get your picture without PC - just based upon the notification?
    Last edited by TitleIIToyLover; 09-07-2016 at 09:42 PM.
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  10. #19
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    Quote Originally Posted by TitleIIToyLover View Post
    All LEAs were sent an open letter by ATF concerning the change from CLEO signature to CLEO notification.

    I will see If I can find a copy and post it here.

    https://www.atf.gov/file/105796/download

    It is my personal opinion that the CLEO must destroy the notification immediately, if they have no reason to believe that the applicant(s) are prohibited "persons," or risk violation 790.335.
    How do we ensure compliance with this?
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  11. #20
    Distinguished Member TitleIIToyLover's Avatar
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    Quote Originally Posted by pod View Post
    How do we ensure compliance with this?
    First, go to your CLEO's LEA and ask for any public records concerning the ATF NFA notification policy. If there is not a published policy, ask to see the appropriate person and discuss the ATF notification process and how you think it relates to 790.335. Look at the funny look on the other person's face. Document you discussion.

    Submit a Form 1 and send the local CLEO the notification. Wait 9 months and do a FOIA or simply a public records request for anything to do with yourself and your notification. See what pops.

    Now in reality, I figure the CLEO is going to do whatever they want to do and you will never know how they handle your notification, but it is fun to fantasize about we the people having oversight over our public officials.

    My new sheriff elect has stated on the local talk radio station, that he is in favor of gun registration. I speculate that no opportunity will go to waste.

    Just me thinking out loud.
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