Department of the Treasury Bureau of Alcohol, Tobacco and Firearms Washington, D.C. 20226 Mr. .......... .............. .............. Dear Mr. .......... This is in response to your recent follow-up inquiry to our May 5, 1992 letter about law enforcement officers in the State of Kentucky having authority to execute the law enforcement certification on Part 3 of ATF Form 4, application for Taxpaid Transfer and Registration of Firearm. State and local officials are not legally obligated to execute the certification on the Form 4, even if the transferee is qualified to receive the firearm and has no criminal history. In Steele v. National Firearms Act Branch, et al., No. 82-2013-Civ.-ARONOVITZ, (S.D. Fla. Dec. 6, 1985), the court held that the sole burden imposed by 27 CFR section 179.85 is upon the transferee to obtain the certification and that no requirement is imposed on any law enforcement officer by virtue of the regulation. The court noted that action by a law enforcement officer in this regard is purely discretionary, and that the officer may certify the transfer or may refuse to do so. As you know, the provisions of 27 C.F.R. 179.85 require 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 be acceptable to the Director." In several instances, judges have been to be acceptable certifying officials if they preside over courts of general jurisdiction having original jurisdiction in all civil and criminal matters, and if they have jurisdiction over the district where the transferee resides. Therefore, you may wish to check with the judges in your area. In order to determine the jurisdiction of the State criminal court judge, it is necessary to get an overview of the court system in Kentucky. The Constitution of Kentucky, sections 110-113, provides for the establishment of a Supreme Court, court of Appeals, circuit court, and district court. The Supreme Court and Court of appeals have appellate jurisdiction only. Ky. Const. Paras. 110 and 111. Therefore, judges from these courts would not be acceptable as certifying officials on ATF Form 4. The circuit court is a court of general jurisdiction; it has original jurisdiction of all cases not exclusively vested in some other court. KY. REV. STAT. ANN. Para 23A.010 (Baldwin 1991). Thus, a circuit court judge would be an acceptable certifying official. Finally, the district court is a court of limited jurisdiction, with original jurisdiction over civil cases which do not exceed $4,000 and over misdemeanor criminal violations. However, the district court does have concurrent jurisdiction with the circuit court over felony cases. KY. REV. STAT, Ann. Paras. 24A.110-24A.130 (Baldwin 1991). Therefore, a district court judge would also be an acceptable certifying official. Accordingly, if the State criminal court judge in question is a district court judge or a circuit court judge, he or she would be an acceptable certifying official. However as previously stated, to be acceptable, a certifying official must also have jurisdiction over the place where the transferee resides. We trust this has been responsive to your request. Sincerely. [signed] Wayne Miller Chief, National Firearms Act Branch