41P signed and passed

[Ramsker]

In accordance with the instructions provided on Form 5320.23, a certification for eachresponsible person completed by the local chief of police, sheriff of the county, headof the State police, State or local district attorney or prosecutor, or such other personwhose certification may in a particular case be acceptable to the Director. Thecertification for each responsible person must be completed by the CLEO who hasjurisdiction over the area in which the responsible person resides. The certificationmust state that the official is satisfied that the fingerprints and photograph accompanying the application are those of the responsible person and that the certifying official has no information indicating that receipt or possession of the firearm by the responsible person would be in violation of State or local law.




This is in both the section for proposed changes for form 1s and form 4s, pages 16 to 23. I can't find form 5320.23, but this is saying that although CLEO certification is gone, the FPs and the photo have to be certified and that there is "no information" the responsible person (s) can posses the firearm. This CLEARLY indicates to me that the FPs and photos have to be signed off on by CLEO and in doing so they have to ensure there isn't any reason the person on the Form 5320.23 can possess a firearm. This means 1; there is no law in that area not permitting it, and 2; the individual doesn't have anything in their background. So, CLEO sign off and CLEO background before any CLEO worth his weight is going to sign (of have anyone else) sign off on this.

BAM!!! CLEO sign off paradox again. Anyone see Denver Sheriffs office doing this? Hold your breath and stomp your foot.

Am I the only one that reads this section this way? NFA Trust guy?

Wasn't that just a restatement of the "proposed" amendments . . . but not what was in the final ruling? Maybe I am incorrect there. Still digesting.

EDIT: Pretty sure that was just a rehash of the original proposed amendments and that the final rule threw that out.

P. 4: "The goal of this final rule is to ensure that the identification and background checkrequirements apply equally to individuals, trusts, and legal entities. To lessen potentialcompliance burdens for the public and law enforcement, DOJ has revised the final rule toeliminate the requirement for a certification signed by a chief law enforcement officer (CLEO)and instead require CLEO notification."

P. 69: "As previously stated, in response to the concerns expressed by commenters, the final rule will no longer include a CLEO certification provision; instead, the final rule will include a CLEO / notification provision that will require applicants simply to notify the CLEO in writing of the application in accordance with the language of the final regulation."

P. 123 "As indicated in section IV.C.l the Department has replaced the CLEO certification requirement with a CLEO notification requirement. This change renders moot many of the hypothetical questions submitted by commenters, including those that focus on jurisdictions in which obtaining CLEO certification is hindered for "political" reasons."