MilSpec 1911 Silencer (new this forum)

[StockGlock23]

I am planning on buying a MilSpec 1911 and I would like to eventually get a silencer for it. I have looked at a few different companies and am not sure what to look for or what to expect as far as performance. I understand that it will not be totally silent.

What brands do most of you suggest? What ammo would most benefit this type of add on? I understand that there will be a large cost and the transfer fee is a couple hundred dollars. Also I understand that there is a waiting period.

Also have any of you ever been turned down? If the local Sheriff does not want individuals in his county owning one can he do that regardless of having a clean record?

[UZIFORME]

Contact a dealer in your area, and they should know if your chief or sheriff signs the forms for NFA transfers.

If not then one can form or join a corporation or LLC. This bypasses the CLEO permission.

[agalb]

CLEO SIGNATURE

Is not "permission".

The CLEO is making 2 statements:

1. Posession of the item is NOT unlawful in the jurisdiction.

2. The applicant is not a prohibited person.

If your CLEO refuses to sign, you can take legal action. However, the easy route is with the LLC incorporation.

[UZIFORME]

You can take all the legal action you want, but the CLEO can not be forced to comply. The ATF set it up that way so the local point of Law Enf. contact had first refusal.

[StockGlock23]

Originally posted by UZIFORME
You can take all the legal action you want, but the CLEO can not be forced to comply. The ATF set it up that way so the local point of Law Enf. contact had first refusal.



This is how I understood it. He right now is not signing for any class 3 weapons so I wonder if silencers are on that list too.

[agalb]

Originally posted by UZIFORME
You can take all the legal action you want, but the CLEO can not be forced to comply. The ATF set it up that way so the local point of Law Enf. contact had first refusal.

This is not correct. If you are not prohibited, and there are no local laws prohibiting posession of the item, the CLEO must sign. I realize some don't, and that hardly anyone pushes the issue, but that is the truth of it. It is not and was never intended to be "first refusal".

[trakker45]

Originally posted by agalb
This is not correct. If you are not prohibited, and there are no local laws prohibiting posession of the item, the CLEO must sign. I realize some don't, and that hardly anyone pushes the issue, but that is the truth of it. It is not and was never intended to be "first refusal".

You are incorrect, sir. If the CLEO had to sign, as you suggest, then why does the ATF specify other persons who can sign if the CLEO refuses? (judge, prosecutor, etc.) It's printed right there on the form four. It's purely discretionary, and the only thing to do when a CLEO refuses is to ask someone else to sign, or form a company and bypass the signature requirement.

[agalb]

OK, fine, I led you here, if you don't want to drink, that's your business..........

[trakker45]

Look, I am not trying to start trouble or call anyone stupid. I will agree with you that SOMEONE has to sign off. However, the CLEO can refuse to sign, and there is nothing you can do about it. You simply must move on to the next person, and if everyone refuses to sign, then you contact the ATF and tell them about your problem. You can read about this precise issue on James Bardwell's website:

http://www.titleii.com/BardwellOLD/nfa_faq.txt

I think Mr. Bardwell offer very concise and well-reasoned advice on this issue, and I agree with his position that although the CLEO "technically" is required to sign, (yes, I said it- he or she is SUPPOSED to sign if you are not prohibited from owning the gun, silencer, etc.) in reality, he or she can refuse to sign, and you are SOL, because neither the ATF nor a judge is going to issue an order directing the CLEO to sign. Okay, I am done with this.

[r2kba]

Originally posted by agalb
OK, fine, I led you here, if you don't want to drink, that's your business..........

CLEO is NOT required to sign NFA documents by Federal Law. Please stop telling people this. The only time they ARE is if theres a state law requiring it.

[agalb]

There is certainly a great deal of confusion on this subject, and considering the nature of the process, that is not surprising. If a CLEO refuses to sign, is documented as such, and the applicant continues in this manner through the list of acceptable signers without obtaining a signature, the applicant could take legal action.

To my knowledge, when this has happened before, the cases have been unsuccessful because the applicant did not ask everyone on the list. Assuming that the list was exhausted and no signature obtained, and legal action taken, a signature WOULD be demanded by the court.

Very simply, there is no legal reason (other than a prohibited applicant or possession of the item being unlawful) for someone who is authorized to sign a transfer to refuse to sign it. I can’t make it simpler than this.

[trakker45]

Originally posted by agalb
Very simply, there is no legal reason (other than a prohibited applicant or possession of the item being unlawful) for someone who is authorized to sign a transfer to refuse to sign it. I can’t make it simpler than this.

No LEGAL reason, perhaps. But that doesn't change the fact that a sheriff who decides he is not going to sign under any circumstances cannot be forced to do so. Look, a state or federal judge is not going to issue an order telling a public official to do something that they are not required to do under state or federal law. The sheriff would simply continue to refuse to sign, and the judge would end up looking like an ass. So it's never gonna happen, mark my words. If your CLEO won't sign, don't waste your time taking him to court. Believe me, a judge will invent a reason not to issue the order because he/she knows how it will end....

[UZIFORME]

Often the people who yell the loudest to make thier point are the ones who have the least valuable thing to say.

[John@JCDLESales]

And I Will ALWAYS Believe A Man That Spends 9-5 Everyday In A Courtroom :) "There Are Those Who Know And Those Who Know Those Who Know" ;Y