NFA Guide: What you need to know about Class III firearms

[QuarkMartial]

I've got a question about the CLEO signoff. I've been wanting to build a SBR 9mm AR for a long time now, and I just started to price things out because I was under the impression that the CLEO would have to sign off on the forms no matter what (provided I pass all the bg checks and such), which would save me the trouble of making a trust for one NFA firearm.

I found the following law:

§39-17-1361. Execution of documents by sheriff or chief of police. —

The sheriff or chief of police of the city of residence of a person purchasing any firearm, defined by the National Firearms Act, 26 U.S.C. § 5845 et seq., shall execute within fifteen (15) business days of any request all documents required to be submitted by the purchaser if the purchaser is not prohibited from possessing firearms pursuant to § 39-17-1316.

Which seems to say that the CLEO has to sign off on my Form 1 within 15 days, no matter what, since I'm not a prohibited person.

Is this true, or can the CLEO still "play hardball" with me? Should I still go with the trust?

[Hero Gear]

You are correct, technically a CLEO should/shall sign off on your form unless they can provide documented reasons why you are not legally qualified to own an NFA item.

The fact that you dated the Sheriff's little sister 20 years ago, and didn't call her after she gave it up on prom night doesnt give him a legal reason to not sign your application. (but you should have called her...lol)

Keep in mind that the CLEO is not the approving authority, so unless he turns up REAL evidence that precludes you from ownership, he really doesnt have a choice in signing.

Now, we both know that there are some CLEOs that are less than supportive of the NFA process.
If you find yourself in this situation, the NFA trust may get your process started with less of a PITA factor.

The trust will bypass the CLEO signature, but I think there is another much more valuable aspects by going this route.
The trust allows you to add family members, corporate officers, and friends to the list of authorizes users of your NFA items.
Want to let you Dad use your suppressor? no problem!
Want your best friend to come pick up your full auto M16 and take it to the range? good to go!

So, look at both routes and decide which one is best for your situation.
*I know there are a ton of NFA owners that have secured the CLEO signature in Shelby County, so you should be good to go if you choose this route.

[Gun Trust Lawyer, David G]

While most of your statements are correct. A trust does not allow you to add corporate members. A NFA trust can allow you to add co-trustees which are authorized to use and purchase Title II firearms.

Other benefits of the trust are protecting your family from issues like constructive possession and inadvertently transferring a NFA item. The NFA defines a transfer to include "loaning" so technically when you go to the range and let your friend use an item restricted by the NFA you are violating the law and risk forfeiture, 10 years in jail, and monetary damages of up to $250,000 (depending on the type of ownership).

A trust can also deal with incapacity and death. The problem with most trusts is they instruct the trustee's to do illegal things under the NFA, provide little or no guidance for the Settlors, trustees, or beneficiaries, and make most of the things we want to do with the NFA firearms a violation of the duties of a trustee under the trust's terms. If you are going to use a Trust you should consider a trust created for NFA specific items.

You are correct, technically a CLEO should/shall sign off on your form unless they can provide documented reasons why you are not legally qualified to own an NFA item.


The trust will bypass the CLEO signature, but I think there is another much more valuable aspects by going this route.
The trust allows you to add family members, corporate officers, and friends to the list of authorizes users of your NFA items.