For ATF CLEO Notification, does it matter which CLEO?

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  • calicojack

    American Sporting Rifle
    MDS Supporter
    May 29, 2018
    5,425
    Cuba on the Chesapeake
    Looking the the ATF definition of CLEO, I am kind of scratching my head. I have at least three CLEOs that have jurisdiction where I live. Can I choose which CLEO to notify? Do I have to pick the closest one to my address? This is what ATF states:

    "f. Law Enforcement Notification. The transferee must provide a copy of the Form 4 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the transferee's address shown in item 2a of the Form 4. In addition, if the transferee is other than an individual, a copy of the ATF 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor."

    Heck, they even throw in "local district attorney or prosecutor" as an option.

    Does it matter which one I pick?

    [EDIT] Actually applies to C&R as well.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,600
    SoMD / West PA
    Constitutionally, the county sheriff is the CLEO

    Everyone else are wanna-be's.

    For NFA, you gotta get MSP approval anyway.
     

    rsideout

    Senior Member
    MDS Supporter
    Dec 11, 2009
    6,746
    MD - Capital Region
    Looking the the ATF definition of CLEO, I am kind of scratching my head. I have at least three CLEOs that have jurisdiction where I live. Can I choose which CLEO to notify? Do I have to pick the closest one to my address? This is what ATF states:

    "f. Law Enforcement Notification. The transferee must provide a copy of the Form 4 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the transferee's address shown in item 2a of the Form 4. In addition, if the transferee is other than an individual, a copy of the ATF 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor."

    Heck, they even throw in "local district attorney or prosecutor" as an option.

    Does it matter which one I pick?

    [EDIT] Actually applies to C&R as well.

    Where do you live? I'm in MoCo and I've used the the county Sheriff for my last 8 or 12 stamps. Prior to that I always used the head of MSP in Pikesville. But since they removed the requirement to get MSP approval, I've used the local Sheriff, and never had a problem.

    Edit:
    I went back and looked at some of my older F4 files. I also had Maryland State Police, Licensing Division - Firearms Registration Section, Co. William M. Pallozzi, Secretary of State Police, on a bunch of F4s. Including some after it changed to just notification. So either one will work. Sheriff or MSP. For my C&R License renewals, I have always listed the county sheriff.
     
    Last edited:

    calicojack

    American Sporting Rifle
    MDS Supporter
    May 29, 2018
    5,425
    Cuba on the Chesapeake
    Where do you live? I'm in MoCo and I've used the the county Sheriff for my last 8 or 12 stamps. Prior to that I always used the head of MSP in Pikesville. But since they remove the requirement to get MSP approval, I've used the local Sheriff, and never had a problem.

    I am in MoCo and there is County Police, County Sherriff, and of course State Police. I have always assumed that it did not matter which one of these you pick - but it has occurred to me that it would not hurt to ask.

    OBTW - the "last 8 or 12 stamps'? :bowdown:
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,093
    I thought it was just notification and no longer approval. It's been a while.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,849
    Bel Air
    How does this work for eForm 1’s? I’m getting ready to drop a few bucks.

    I don’t recall CLEO sign-off on my last stamps. I remember distinctly because my mom bought me a machine gun.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,739
    Columbia
    Looking the the ATF definition of CLEO, I am kind of scratching my head. I have at least three CLEOs that have jurisdiction where I live. Can I choose which CLEO to notify? Do I have to pick the closest one to my address? This is what ATF states:

    "f. Law Enforcement Notification. The transferee must provide a copy of the Form 4 to the chief law enforcement officer (CLEO) who has jurisdiction over the area of the transferee's address shown in item 2a of the Form 4. In addition, if the transferee is other than an individual, a copy of the ATF 5320.23, National Firearms Act (NFA) Responsible Person Questionnaire, completed by each responsible person must be provided to their respective chief law enforcement officer. The chief law enforcement officer is considered to be the Chief of Police; the Sheriff; the Head of the State Police; or a State or local district attorney or prosecutor."

    Heck, they even throw in "local district attorney or prosecutor" as an option.

    Does it matter which one I pick?

    [EDIT] Actually applies to C&R as well.

    I would say it depends where you are. in Howard County, the chief of police is the CLEO of the county.
    In more rural counties it will most likely be the sheriff.
    Back when you had to get a CLEO sign off in a county like Howard where they wouldn't sign it, you would send it to the state police.
    Now it's just a notification so I don't think it matters as much. You probably can just notify MSP and be done with it.
    Constitutionally, the county sheriff is the CLEO

    Everyone else are wanna-be's.

    For NFA, you gotta get MSP approval anyway.
    No CLEO approval needed, local or MSP.
     

    calicojack

    American Sporting Rifle
    MDS Supporter
    May 29, 2018
    5,425
    Cuba on the Chesapeake
    I thought it was just notification and no longer approval. It's been a while.

    It is notification and not approval. I was just wondering if in the case of having more than one CLEO, which one do you pick, or does it matter? So in MoCo, we have County Police, County Sherriff, and State Police. Does it matter which one I notify?
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,093
    It is notification and not approval. I was just wondering if in the case of having more than one CLEO, which one do you pick, or does it matter? So in MoCo, we have County Police, County Sherriff, and State Police. Does it matter which one I notify?

    Deleted
     
    Last edited:

    woodline

    Ultimate Member
    MDS Supporter
    Jan 8, 2017
    1,947
    IIRC, mine always went to the state bc back then, the sheriff refused to sign off on NFAs. But, since we're talking notify only, I'm not sure. Can the sheriff deny at that point?
    I am not aware of any CLEOs having direct say in the NFA approval process anymore. The main thrust of the Obama era rule change was to trade removing CLEO sign off (aka interference) on NFA approvals for making every responsible party in a trust do their background checks. CLEO still gets notified so they can make your life miserable if they want to or something. Not sure any case law where CLEO approval or notification has benefitted public safety, but controllers gotta control.

    While I firmly believe the NFA is unconstitutional, that specific rule change (41F) could have been worse. For instance, I know there were several counties in Virginia where the CLEO wouldn’t sign off on anything, de facto banning NFA items unless you used a trust. Trusts bypassed CLEO approval, but lots of folks seemed to want to file as individuals anyway.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,093
    I am not aware of any CLEOs having direct say in the NFA approval process anymore. The main thrust of the Obama era rule change was to trade removing CLEO sign off (aka interference) on NFA approvals for making every responsible party in a trust do their background checks. CLEO still gets notified so they can make your life miserable if they want to or something. Not sure any case law where CLEO approval or notification has benefitted public safety, but controllers gotta control.

    While I firmly believe the NFA is unconstitutional, that specific rule change (41F) could have been worse. For instance, I know there were several counties in Virginia where the CLEO wouldn’t sign off on anything, de facto banning NFA items unless you used a trust. Trusts bypassed CLEO approval, but lots of folks seemed to want to file as individuals anyway.

    It's all coming back to me now. This was one of the reasons I went trust. I haven't done any NFAs since the 2014(?) changes.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    Just send it to the Chief of Police.

    This. I put Colonel Woodrow W. Jones III, Secretary/Superintendent on my form 1 in Nov.

    1201 Reisterstown Road
    Pikesville, MD 21208
    410.653.4219

    https://mdsp.maryland.gov/Organization/Pages/OfficeoftheSuperintendent.aspx

    IIRC, mine always went to the state bc back then, the sheriff refused to sign off on NFAs. But, since we're talking notify only, I'm not sure. Can the sheriff deny at that point?

    State police is still what most people use and there is no NFA sign off any more.

    I am not aware of any CLEOs having direct say in the NFA approval process anymore. The main thrust of the Obama era rule change was to trade removing CLEO sign off (aka interference) on NFA approvals for making every responsible party in a trust do their background checks.

    Also this.

    The only issue people run into when they put Secretary of state police that it changes (people retire), and the person filling out the form did not check. A few people put Colonel William M. Pallozzi, on it and got denied.

    My advice is don't overthink your form 1. Don't put strange, novel, or clever "More correct" things on it. The hammer that sticks out gets nailed. Go with what works. That includes clever serial or model numbers. If its in the drop down, approximately correct, pick it. People do get delayed and denied because of small details "pending research". If you put some kind of novel shit on there like a Sheriff they no one else puts, you could be pending research while they check.
     

    IMBLITZVT

    Ultimate Member
    Apr 20, 2009
    3,799
    Catonsville, MD
    You can use the local or the state CLEO, it does not matter. Pick one and mail it... job done, don't give it a second thought. I am sure they will open the mail and toss it in the trash. No one cares. Pick one, write it on, send a copy and never think about it again.
     

    Ecestu

    Ultimate Member
    Dec 11, 2016
    1,472
    Just curious, but can you just forward the CLEO the approval email? I wouldn't want a piece of paper with my address and a specific NFA item just floating around the waste basket.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    Just curious, but can you just forward the CLEO the approval email? I wouldn't want a piece of paper with my address and a specific NFA item just floating around the waste basket.
    No. You must fill that section out on the Form 1. If you leave it blank, or put the wrong person, they will deny you. There was a thread a while back, people put the old head of the MDSP (who retired), not the new head, and got denied.
     

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