When an individual applies to the ATF to have an NFA firearm titled in his own name, the individual is required to provide the ATF with fingerprints, passport photographs, and a certificate on the ATF’s form from the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or other person approved by the ATF stating that the certifying official is satisfied that the fingerprints and photograph accompanying the application are those of the applicant and that no information indicating that possession of the NFA firearm by the applicant would violate State or local law or that the applicant will use the firearm for other than lawful purposes. 27 C.F.R. §§ 479.63, 479.85. For various reasons, many Chief Law Enforcement Officers (CLEOs) refuse to complete the certificate required by the ATF, thereby obstructing the individual’s attempt to own and enjoy NFA firearms. However, when the applicant is an NFA gun trust, rather than an individual, no fingerprints, photographs, or certificate from any State or local certifying official is required. See id.
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