NFA - Who Can Sign

	NFA - Who Can Sign
	"Live Free or Die"	Secure Online Ordering

NFA - Who Can Sign

Q: Who can sign a BATFE form 1, 4, 5 to transfer a NFA device?

A: In most states it is pretty clear cut. In some states it can be very interesting...

The form 4 states, "... chief law enforcement officer of the organization named below having jurisdiction in the area of residence of.."" This is commonly rumored to be any official who has felony arrest powers.

BATFE has provided some guidance in a reply to a query at:

As you know, Title 27, Code of Federal Regulations section 179.85, requires that the Form 4 transfer application include, "A certificate of the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certificate may in a particular case be acceptable to the Director." To determine if an official other than those mentioned above is authorized to sign the certification, two factors are considered. First, the official must have jurisdiction over the area where the transferee resides. Second, the official muse have access to law enforcement records under State or local law, as he must confirm that no law enforcement information exists that indicates that the transferee may use the firearm for other than lawful purposes. In several cases, ATF's Director has approved certifications from judges who were from the district where the transferee resides, and who presided over courts of general jurisdiction."

In another letter, more guidance is provided at:

Additionally, section 179.85 of the regulations provides, in pertinent part, as follows:

A certificate of the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certificate may in a particular case be acceptable to the Director, shall be completed on each copy of the Form 4 (Firearms). The certificate shall state that the certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that the certifying official has no information indicating that the receipt or possession of the firearm would place the transferee in violation of State or local law or that the transferee will use the firearm for other than lawful purposes.

As a general rule, the following can sign:

Chief of Police for your town

Sheriff for your county

Chief of state police for your state

District Attorney for your area

Prosecutor for your area

State Attorney General for your state

Judges for your state, with some limitations

Head of state Fish & Game Department as CLEO for wildlife issues

Anyone who has been delegated the authority to sign for one of the above

Some state specific ones are:

Alaska State Troopers

Georgia Bureau of Investigation, Director of the GBI Crime Info Center, (404) 244-2605

Vermont State Police

Rumored:

County Corner, in some places, as they have the ability to arrest certain chief law enforcement officers.

Retired federal judges

The above list is not inclusive and it is quite possible others can sign, but it is up the BATFE to determine if someone can sign off. if you know of a position that is not listed above, please pass it on to we can add it.