Luzerne County sheriff to sign off on federal applications for firearms

[Steve in PA]

From today's Citizen's Voice.

http://www.citizensvoice.com/site/ne...d=571464&rfi=6

Luzerne County sheriff to sign off on federal applications for firearms

BY CHRIS LYNETT
STAFF WRITER
06/30/2008

Within the next four weeks, Luzerne County Sheriff Michael Savokinas will begin to sign off on federal applications for machine guns, short barrel shotguns and silencers.

Savokinas said he intends to make the background checks, required as part of the application to purchase the arms, as uniform and rigorous as possible. It will also allow law enforcement to check for poor personal judgment such as a problem with alcohol or a poor temper. The sheriff’s approval will be a compliment to checks performed by the Bureau of Alcohol, Tobacco and Firearms and the FBI.

According to Savokinas, ATF has the final say, regardless of what local law enforcement may recommend.

“If they fail (the background check) through our agency, they can appeal to the federal government,” he said.

However, the sheriff’s sign-off for federal applications means there will be greater local input into the process.

Chris Scoda, owner of Advanced Arms in Pittston, which sells a range of firearms including machine guns, says that the local check offers another level of security.

County residents need the signature of their local police chief, the district attorney or the commander of state police. Scoda said the current system has created a sort of “patchwork” of processes where each department has its own sets of procedures and checks.

The National Firearms Act of 1934 established Title II firearms, which include machine guns, short barrel rifles and shotguns, modified pistols and silencers, and placed a $200 tax on the sale of all of these weapons. Since then, a series of laws and court decisions have created further regulation of these types of firearms. However, nothing prohibits sale to qualified individuals.

On Thursday, the Supreme Court struck down Washington, D.C.’s ban on handguns, reaffirming that the Constitution guarantees the right to own firearms.

“Dealers and individuals in the county, if they pass the background check, should be allowed to own these weapons,” Savokinas said.

“In order to have lawful transfer, there are federal forms with specific information about you” and the firearm that have to be filled out, Scoda said..

“People who go through this process are legitimate,” he continued. “They are putting out information out there — fingerprints, their photograph and tax documents.”

According to Scoda, the firearms that require federal documentation are expensive and highly sought after. Since Firearm Owners Protection Act of 1986 ended the manufacturing of machine guns, except for those made for military and law enforcement, their prices have skyrocketed making them unattractive to criminals.

Savokinas said his checks would ensure the firearms are in safe hands.

“If we think the guy is a bad individual, we will talk to the local police” and make sure that he or she is capable of safely owning such a weapon, he said.

[ungawa]

Sheriff's approval?

Sheriff's "decision" can be appealed to ATF?

Fingerprints, photographs, and tax documents?

There's some convolution in there...

[73cj5]

Advanced Arms in Pittston, which sells a range of firearms including machine guns



Did Chris get his 07???

[danp]

I'll have to update our database!

[danp]

People in the permit department had no idea what I was talking about when I called to ask. This may not have made it's way down the chain yet.

[JayBell]

Originally Posted by ungawa

Sheriff's approval?

Sheriff's "decision" can be appealed to ATF?

Fingerprints, photographs, and tax documents?

There's some convolution in there...

unfortunately, it IS up to the Sheriff to "approve" signing the forms.

they cant really be appealed anyplace if he doesn't sign, PA is not a MUST SIGN state like Tennesee

I dont see nay convolution, he properly stated that you are placing your fingerprints, photos, AND truthfully stated that the forms are TAX documents, just like a 1040...its a private tax document showing you paid a tax for the item.

[Dave in PA]

“Dealers and individuals in the county, if they pass the background check, should be allowed to own these weapons,” Savokinas said.

This is the way it should be, not only for Title II stuff, but carrying across state lines and such.

[GunLawyer001]

The article had some errors, but was pretty good as reporting goes.

As pointed out here, there's no appeal from a CLEO's decision not to sign, but there are ways around him, including the creation of corps/LLC's, or finding one of the other qualified signers.

Also, although NFA weapons are now correctly referred to as "Title II" firearms, that didn't happen in 1934; it was the 1968 Gun Control Act which established Title I guns and re-codified the NFA as Title II.

Overall, I was impressed with the article, especially since most reporters just say that machineguns are illegal for civilians to own.

[knight0334]

I'm not sure what the sign-off atmosphere was before - but it looks at least the sheriff is doing it now so long as you pass the standard procedures for a LTCF.

I guess thats not too bad if that department refused to sign-off before.

[ungawa]

Originally Posted by JayBell

unfortunately, it IS up to the Sheriff to "approve" signing the forms.

they cant really be appealed anyplace if he doesn't sign, PA is not a MUST SIGN state like Tennesee

I dont see nay convolution, he properly stated that you are placing your fingerprints, photos, AND truthfully stated that the forms are TAX documents, just like a 1040...its a private tax document showing you paid a tax for the item.

It's probably a matter of semantics, but my understanding is that the Sheriff is supposed to certify that there's nothing illegal about possession by you or in the locale, not provide his approval. Of course, the Sheriff can do whatever he wants in these matters it seems.

I am aware Form 4s etc. are considered tax documents. The context of the statement in the article suggested you are supplying tax documents to be investigated as part of a background check.

And, there is no appeal to the ATF if the Sheriff does not approve that I know of.

That's why I said the statements seemed convoluted. Not being argumentative, just clarifying what I meant.