41f and Persuant Kerfuffle

[HydroAuto]

They have the electronic finger printing at my SOT so i guess that would be good.

The new rules call specifically for FBI cards, part number FD-258 which requires inked prints, so electronic doesn't appear to cut it.
Here's what they look like: http://www.amazon.com/Fingerprint-Cards-Applicant-FD-258-cards/dp/B00AX3LCO2/

Also, I was reading through the ruling again and I found wording that doesn't make sense to me, when compared to the actual rules in the latter part of the document. On p.18-20/248 I found what appears to be stating the ATF's original intent.

Additionally, amendments to§ 479.63, where the applicant is a partnership, company, association, trust, or corporation, proposed to:
1. Provide that the applicant must be identified on the Form 1 application by the name and exact location of the place of business, including the name of the county in which the business is located or, in the case of a trust, the address where the firearm is located. In the case of two or more locations, the address shown must be the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the principal address at which the firearm is located;
2. Require the applicant to attach to the application:
<snip>
• Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them; and
• In accordance with the instructions provided on Form 5320.23, a certification for each responsible person completed by 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 certification may in a particular case be acceptable to the Director. The certification for each responsible person must be completed by the CLEO who has jurisdiction over the area in which the responsible person resides. The certification must state that the official is satisfied that the fingerprints and photograph accompanying the application are those of the responsible person and that the certifying official has no information indicating that possession of the firearm by the responsible person would be in violation of State or local law.

So yes, there was a certification required by CLEO (or acceptable alternative) that the prints/photo are indeed that of the responsible persons, AND not only that, they seem to want the CLEO to certify that it is legal for the applicant to possess the firearm in that jurisdiction. Things could get complicated very quickly with trusts that have people in multiple jurisdictions.

The same appears for transfers (Form 4), per p.21-23/248

Amendments to§ 479.85, where the transferee is a partnership, company, association, trust, or corporation, proposed to:
1. Provide that the transferee must be identified on the Form 4 application by the name and exact location of the place of business, including the name of the county in which the business is located or, in the case of a trust, the address where the firearm is to be located. In the case of two or more locations, the address shown must be the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the principal address at which the firearm is to be located;
2. Require the transferee to attach to the application:
<snip>
• Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them; and
• In accordance with the instructions provided on Form 5320.23, a certification for each responsible person completed by 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 certification may in a particular case be acceptable to the Director. The certification for each responsible person must be completed by the CLEO who has jurisdiction over the area in which the responsible person resides. The certification must state that the official is satisfied that the fingerprints and photograph accompanying the application are those of the responsible person and that the certifying official has no information indicating that receipt or possession of the firearm by the responsible person would be in violation of State or local law.

But in the actual rules section, the whole certification "that the official is satisfied" does NOT appear.

The actual rules on p.243/248 (for a Form 1, non individual) state:

(iv) Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them.

and on p.245/248 (for a Form 4, trust) states regarding which jurisdiction the CLEO notification needs to occur:

if the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.

and on p.246-247/248 (for a Form 4, trust) states regarding the prints:

(b) If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, trust, or corporation, such person shall:
<snip>
(2) Except as provided in paragraph (c) of this section, attach to the application-
<snip>
(iv) Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them.
(c) If the applicant entity has had an application approved as a maker or transferee within the preceding 24 months, and there has been no change to the documentation previously provided, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation had been submitted by form number, serial number, and date approved.

So, the CLEO satisfaction requirement isn't in the rules, and does indeed appear to leave the door open for who can take prints.

 

[nitrousfedlx]

HydroAuto great job scrutinizing that!

 

[albatros43]

The new rules call specifically for FBI cards, part number FD-258 which requires inked prints, so electronic doesn't appear to cut it.
Here's what they look like: http://www.amazon.com/Fingerprint-Cards-Applicant-FD-258-cards/dp/B00AX3LCO2/

Also, I was reading through the ruling again and I found wording that doesn't make sense to me, when compared to the actual rules in the latter part of the document. On p.18-20/248 I found what appears to be stating the ATF's original intent.



So yes, there was a certification required by CLEO (or acceptable alternative) that the prints/photo are indeed that of the responsible persons, AND not only that, they seem to want the CLEO to certify that it is legal for the applicant to possess the firearm in that jurisdiction. Things could get complicated very quickly with trusts that have people in multiple jurisdictions.

The same appears for transfers (Form 4), per p.21-23/248


But in the actual rules section, the whole certification "that the official is satisfied" does NOT appear.

The actual rules on p.243/248 (for a Form 1, non individual) state:


and on p.245/248 (for a Form 4, trust) states regarding which jurisdiction the CLEO notification needs to occur:


and on p.246-247/248 (for a Form 4, trust) states regarding the prints:


So, the CLEO satisfaction requirement isn't in the rules, and does indeed appear to leave the door open for who can take prints.

Translation - buy your crap now