DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Washington, DC 20226 NOV 10 1992 CC-41,456 FE:TGF Dear Mr Bardwell: Your letter to Mr. Vince Galbraith, an attorney with the Bureau of Alcohol, Tobacco and Firearms (ATF) in San Francisco, California, has been forwarded to this office for response. You indicated that you are having difficulty finding officials in the State of Colorado who are willing to sign the law enforcement certification for Tax Paid Transfer and Registration of Firearm. You ask that ATF designate other officials whose signatures would be acceptable pursuant to 27 C.F.R. section 179.85. You also ask whether Colorado State court judges and certain Federal officials are acceptable certifying officials. The National Firearms Act (NFA), 26 U.S.C. Chapter 53, provides that NFA weapons may not be transferred except upon an application approved by the Secretary of the Treasury. 26 U.S.C. section 5812. Regulations implementing the statute are found at 27 C.F.R. Part 179. Section 179.84 provides, in part, that no firearm may be transferred in the United States unless an application, Form 4, has been filed with and approved by the Director of ATF. 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 - 2 - Mr. James O. Bardwell 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. The regulation specifically provides for certification by the local chief of police, sheriff, head of the State police, State or district attorney, or prosecutor. Section 179.85 also provides that ATF may in a particular case accept the certificate of an official other than those specified in the regulation. In several instances, judges have been found 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. Colorado State court judges meeting the foregoing criteria would be acceptable certifying officials. None of the Federal officials listed in your letter are authorized by their agencies to execute the law enforcement certification on ATF Form 4. We are aware of no other Federal officials who permit their employees to sign such certifications. Should you have further questions concerning this matter, do not hesitate to contact me. Sincerely yours, Wayne Miller Chief, National Firearms Act Branch