Law Enforcement's Power: Ccf Permits And Objections

can chief law enforcement object to ccf permit

The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor. Effective July 13, 2016, the final rule 'Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm' amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement official (CLEO) and instead adds a CLEO notification requirement.

Characteristics Values
Chief law enforcement officer Local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor
Requirement for certification Eliminated as of July 13, 2016
New requirement CLEO notification

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The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor

The chief law enforcement officer is required to sign the law enforcement certification on ATF Form 1 or ATF Form 4. However, as of July 13, 2016, the regulations were amended to eliminate the requirement for a certification signed by a chief law enforcement officer and instead added a CLEO notification requirement.

Prior to the submission of the application to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.

If the chief law enforcement official whose jurisdiction includes the proposed transferee's residence refuses to sign the "law enforcement certification", the signature of an official in another jurisdiction will not be acceptable.

lawshun

The chief law enforcement officer is not required to sign the law enforcement certification on ATF Form 1 or ATF Form 4

The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.

Prior to the submission of the ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.

The regulations also provide that certifications of other officials are appropriate if found in a particular case to be acceptable to the Director. Examples of other officials who have been accepted in specific situations include state attorneys general and judges of state courts having authority to conduct jury trials in felony cases.

lawshun

The final rule amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement officer and instead adds a CLEO notification requirement

Prior to the submission of the ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.

This rule came into effect on July 13, 2016, and is titled "Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm".

lawshun

All applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, to the chief law enforcement officer of the locality

The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.

As of 13 July 2016, the final rule "Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm" amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement officer (CLEO). Instead, a CLEO notification requirement has been added.

Prior to the submission of the ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.

If the chief law enforcement official whose jurisdiction includes the proposed transferee's residence refuses to sign the "law enforcement certification", the signature of an official in another jurisdiction will not be acceptable.

lawshun

Certifications by the local chief of police, sheriff of the county, head of the state police, or state or local district attorney or prosecutor are acceptable

The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor. Certifications by these officials are acceptable.

However, since July 13, 2016, the requirement for a certification signed by a chief law enforcement officer (CLEO) has been eliminated. Instead, a CLEO notification requirement has been added. Before submitting an application, all applicants/transferees and responsible persons must forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.

The regulations also provide that certifications of other officials are appropriate if found in a particular case to be acceptable to the Director. Examples of other officials who have been accepted in specific situations include state attorneys general and judges of state courts with the authority to conduct jury trials in felony cases.

Frequently asked questions

No. Since July 13, 2016, the chief law enforcement officer (CLEO) is no longer required to sign a certification.

The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.

Prior to submitting an application, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.

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