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Thread: Need help proving that SBR ownership is legal to TX CLEO

  1. #1
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    Need help proving that SBR ownership is legal to TX CLEO

    Hello,

    I've got a MK18 project all ready to go, fingerprints done, engraved, forms filled out, all I'm waiting on is a CLEO signature. My CLEO has absolutely NO knowledge of NFA weapons or the procedure to procure them. I dropped forms off with him earlier this week and he gave me a call this morning telling me he can't sign the forms because the Form 1 says in the CLEO signoff field that:

    I have no information that Possession of the Firearm described in Item 4 on the Front of this Form would place the maker in Violation of State or Local Law.
    The problem is that Texas state law says that a rifle with a barrel under 16" is illegal. I know that when you register it as a short-barreled rifle it is allowed, but knowing it isn't going to help me convince me CLEO. Does anyone know where I can find a statute that clearly states that an approved Form 1 renders SBR ownership legal in Texas?

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    Last edited by Reagans Rascals; 04-19-12 at 11:42.
    When you can't make them see the light, make them feel the heat.. - Ronald Reagan

    smoke and drink and screw..that's what I was born to do.. - Steel Panther

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    Quote Originally Posted by Reagans Rascals View Post
    This plus eleventy. I just started the trust process because I don't want to deal with CLEO.

    It's best to blame my misspelled words on autocorrect.

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    I understand that the trust is the way to go for a lot of people, but right now I really don't need advice on which route to take, my questions are specifically about CLEO signoffs and legal issues. I've done it before and had zero problems. Quite frankly I don't know anyone I trust enough to start an NFA trust with and the very few people I do know have no interest or have tendencies or legal histories that wouldn't make me feel comfortable with sharing my shit with them.

    Anyway, back to my question.
    Last edited by Mahk; 04-19-12 at 11:57.

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    Quote Originally Posted by Mahk View Post
    I understand that the trust is the way to go for a lot of people, but right now I really don't need advice on which route to take, my questions are specifically about CLEO signoffs and legal issues. I've done it before and had zero problems. Quite frankly I don't know anyone I trust enough to start an NFA trust with and the very few people I do know have no interest or have tendencies or legal histories that wouldn't make me feel comfortable with sharing my shit with them.

    Anyway, back to my question.
    what are you talking about?

    You don't have to start a trust with anyone... its you making it... you choose if you want to add someone to it or not... you don't have to add anyone if you don't want to, you can have it just be in your name, and your name only

    Obviously you haven't done it in the same area you are now otherwise that CLEO would have signed off just like he did before, and it seems like he is either incompetent or just flat out lazy and not willing to do his job... either way I don't see you convincing that individual sign it, you need to find someone else.
    Last edited by Reagans Rascals; 04-19-12 at 12:02.
    When you can't make them see the light, make them feel the heat.. - Ronald Reagan

    smoke and drink and screw..that's what I was born to do.. - Steel Panther

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    Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

    ...

    (3) a short-barrel firearm;

    ...

    (c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

    Tex. Pen. Code Sec. 46.05 (a)(3), (b).

    Read the statute. It is right there.

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    Since you don't want to go the Trust route try another CLEO-

    http://www.atf.gov/publications/down...f-p-5300-4.pdf
    Page 188, question/answer M18


    You could probably get some help swaying him or another CLEO if you could find the Texas laws that allow SBRs or get a Texas firearms lawyer to write the letter and state the legality of it.

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    Quote Originally Posted by TriumphRat675 View Post
    Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

    ...

    (3) a short-barrel firearm;

    ...

    (c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.

    Tex. Pen. Code Sec. 46.05 (a)(3), (b).

    Read the statute. It is right there.
    I spoke with him about this and he started explaining the defense to prosecution until finally I said "I understand that I can still be arrested" to which he replied "Okay, I'll get in touch with you."

    I already have this weapon engraved with my info and everything, ready to go. If this guy ends up being what holds me up due to him not wanting to sign "just 'cause" I'm going to be irate. I never would have thought in a million years that I'd have to go through this shit with a CLEO in Lubbock, Texas.

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    Got the situation resolved. Turns out my local Sheriff signs them off as long as you pass a background check. Gonna just go over there and give them a couple copies of the Form 1 instead of waiting around for the police chief to decide when to tell me no.

    Thanks guys.

  10. #10
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    Please make sure you do some research first. I may be off base, since I don't go to CLEO's or anybody else.

    If you reside within the city limits, then you must use the Chief of Police. If you live outside of city limits or un-incorporated areas you then go to the sheriff.

    Again, I may be wrong about this, but this is how I understand it.

    Q: If the chief law enforcement official whose jurisdiction includes the proposed transferee’s residence refuses to sign the “law enforcement certification,” will the signature of an official in another jurisdiction be acceptable?
    No. But see “What law enforcement officials’ certifications on an application to transfer or make an NFA weapon are acceptable to ATF?” for the list of acceptable chief law enforcement officers


    Quote Originally Posted by Mahk View Post
    Got the situation resolved. Turns out my local Sheriff signs them off as long as you pass a background check. Gonna just go over there and give them a couple copies of the Form 1 instead of waiting around for the police chief to decide when to tell me no.

    Thanks guys.



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