Updated Form 4 sign-off (suppressor)...Answered affirmative

[maxnobknee]

Somehow I missed this, as pointed out in the comments Ohio passed a shall sign requirement for CLEOs:

http://codes.ohio.gov/orc/311.43" onclick="window.open(this.href);return false;

311.43 Certification by a chief law enforcement officer.
(A) As used in this section:

(1) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of an application to make or transfer a firearm.

(2) "Chief law enforcement officer" means any official the bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm.

(3) "Concealed handgun license" has the same meaning as in section 2923.11 of the Revised Code.

(B) A resident of this state may submit to the sheriff of the county in which the resident resides or to the sheriff of any county adjacent to the county in which the resident resides any federal form that requires a law enforcement certification by a chief law enforcement officer.

(C) The sheriff shall accept and process the certification in the same manner as an application for a concealed handgun license is processed under section 2923.125 of the Revised Code, including the requirement for a background check, except as follows:

(1) If a resident of this state submits one or more federal forms, the sheriff shall charge the resident no more than the applicable fee described in division (B)(1)(a) of section 2923.125 of the Revised Code, without regard to how many federal forms are submitted at the same time.

(2) If a resident of this state submits one or more federal forms and currently has a concealed handgun license or the sheriff has previously approved a federal form for that resident, the sheriff shall charge the resident no more than the applicable fee described in division (F)(4) of section 2923.125 of the Revised Code, without regard to how many federal forms are submitted at the same time.

Added by 130th General Assembly File No. TBD, HB 234, §1, eff. 3/23/2015.




Anybody have any luck with Form 4 (suppressor transfer) LEO sign-off's in Clermont County? Looks like the ATF is looking at modifying the LLC and Trust option to include the local Chief Law Enforcement officer sign-off. I know at one time Sheriff Rodenberg wouldn't sign them but since Ohio legalized them for hunting I was hoping he had reconsidered. Thanks for your help in advance.

[pirateguy191]

I don't think has a choice as of March last year.

[ArmedAviator]

Since March 2015, local LEOs must sign off if there's no legal reason not to.

[maxnobknee]

Can you direct me to the appropriate citation in ORC...calling them tomorrow and want to be prepared.

[maxnobknee]

Here is the only reference I could find:

http://codes.ohio.gov/orc/1533.04" onclick="window.open(this.href);return false;

1533.04 Use of suppressor.
(A) A person who holds a valid hunting license issued under this chapter and who hunts game birds or wild quadrupeds may use a suppressor attached to a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code while hunting, provided that the person is authorized to possess the suppressor under state and federal laws and has registered the suppressor in accordance with the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5841, et seq., as amended.

(B) As used in this section, "suppressor" means any device used for diminishing the sound of any shot, bullet, or projectile that is discharged from a gun that is authorized to be used for hunting by section 1533.16 of the Revised Code.

[JustaShooter]

Can you direct me to the appropriate citation in ORC...calling them tomorrow and want to be prepared.

See ORC 311.43

http://codes.ohio.gov/orc/311.43" onclick="window.open(this.href);return false;

311.43 Certification by a chief law enforcement officer.

(A) As used in this section:

(1) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of an application to make or transfer a firearm.

(2) "Chief law enforcement officer" means any official the bureau of alcohol, tobacco, firearms, and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm.

(3) "Concealed handgun license" has the same meaning as in section 2923.11 of the Revised Code.

(B) A resident of this state may submit to the sheriff of the county in which the resident resides or to the sheriff of any county adjacent to the county in which the resident resides any federal form that requires a law enforcement certification by a chief law enforcement officer.

(C) The sheriff shall accept and process the certification in the same manner as an application for a concealed handgun license is processed under section 2923.125 of the Revised Code, including the requirement for a background check, except as follows:

(1) If a resident of this state submits one or more federal forms, the sheriff shall charge the resident no more than the applicable fee described in division (B)(1)(a) of section 2923.125 of the Revised Code, without regard to how many federal forms are submitted at the same time.

(2) If a resident of this state submits one or more federal forms and currently has a concealed handgun license or the sheriff has previously approved a federal form for that resident, the sheriff shall charge the resident no more than the applicable fee described in division (F)(4) of section 2923.125 of the Revised Code, without regard to how many federal forms are submitted at the same time.

[maxnobknee]

Thanks everyone!!!!

[SeanC]

You make the application using the ordinary CCW application from the AG's website. There's a new section to be completed for CLEO certifications.

Interestingly, the new Obama executive orders will most likely change "CLEO Certification" to "CLEO Notification," reducing the administrative burden on both BATFE and local LEOs. So unless there's a pressing need, you might wait until that goes into effect.

[djthomas]

Interestingly, the new Obama executive orders will most likely change "CLEO Certification" to "CLEO Notification," reducing the administrative burden on both BATFE and local LEOs. So unless there's a pressing need, you might wait until that goes into effect.

My one concern with that is that the ATF is requiring applicants to disclose their tax forms to local government officials, where presumably these will become public record absent some statute to the contrary. At the very least diligent departments will enter the data into some database or generate a log entry, both of which are likely subject to public records requests. I'm not an Ohio public records expert but there's nothing special about sending an elected official a letter containing a copy of a tax form ... in the eyes of the law it's just correspondence. No different than writing a letter of complaint to the sheriff. Filed away and subject to public inspection.

Just wait til the Plain Dealer learns that they can send every CLEO in the state a public records request asking for copies of all such notifications. John Doe bought three machine guns, here are the serial numbers and descriptions of each, along with the address where the firearm is primarily stored.

At the very least our next firearms bill must include some language about how the information contained within is not a public record. In an ideal world it would include a statutory requirement that the sheriff promptly dispose of any such notification sent to him without copying, disseminating, indexing, or otherwise retaining any information contained on the form. IMHO our legislators need to get on this one right quick.

Personally I see this particular provision being mired in court challenges for a while. The ATF claims that its not violating the taxpayer protection laws because the taxpayer is the one making the disclosure, not the ATF. But that completely ignores the fact that the form is being sent under the direct orders of the ATF as a condition of approval.

[MikeB]

On the Franklin County Sheriff's CCW website it says:

CCW Applications and ATF Form 4 submissions are accepted by appointment only. To schedule an appointment, schedule online at http://fcsoccw.checkappointments.com" onclick="window.open(this.href);return false;. Emergency Applications do not need appointments.

So, they are only signing Form 4's? I don't recall the law that was passed being limited to any particular form, did I miss something?

[SeanC]

Interestingly, the new Obama executive orders will most likely change "CLEO Certification" to "CLEO Notification," reducing the administrative burden on both BATFE and local LEOs. So unless there's a pressing need, you might wait until that goes into effect.

My one concern with that is that the ATF is requiring applicants to disclose their tax forms to local government officials, where presumably these will become public record absent some statute to the contrary. At the very least diligent departments will enter the data into some database or generate a log entry, both of which are likely subject to public records requests. I'm not an Ohio public records expert but there's nothing special about sending an elected official a letter containing a copy of a tax form ... in the eyes of the law it's just correspondence. No different than writing a letter of complaint to the sheriff. Filed away and subject to public inspection.

Just wait til the Plain Dealer learns that they can send every CLEO in the state a public records request asking for copies of all such notifications. John Doe bought three machine guns, here are the serial numbers and descriptions of each, along with the address where the firearm is primarily stored.

At the very least our next firearms bill must include some language about how the information contained within is not a public record. In an ideal world it would include a statutory requirement that the sheriff promptly dispose of any such notification sent to him without copying, disseminating, indexing, or otherwise retaining any information contained on the form. IMHO our legislators need to get on this one right quick.

Personally I see this particular provision being mired in court challenges for a while. The ATF claims that its not violating the taxpayer protection laws because the taxpayer is the one making the disclosure, not the ATF. But that completely ignores the fact that the form is being sent under the direct orders of the ATF as a condition of approval.

Very astute observation.

[JustaShooter]

On the Franklin County Sheriff's CCW website it says:

CCW Applications and ATF Form 4 submissions are accepted by appointment only. To schedule an appointment, schedule online at http://fcsoccw.checkappointments.com" onclick="window.open(this.href);return false;. Emergency Applications do not need appointments.

So, they are only signing Form 4's? I don't recall the law that was passed being limited to any particular form, did I miss something?

Nope, you haven't missed anything, your recollection is accurate.

[FormerNavy]

On the Franklin County Sheriff's CCW website it says:

CCW Applications and ATF Form 4 submissions are accepted by appointment only. To schedule an appointment, schedule online at http://fcsoccw.checkappointments.com" onclick="window.open(this.href);return false;. Emergency Applications do not need appointments.

So, they are only signing Form 4's? I don't recall the law that was passed being limited to any particular form, did I miss something?

Nope, you haven't missed anything, your recollection is accurate.

I suspect it's a mis-statement by the Sheriff's office because I would imagine Form 4's are more common and well known...