Sheriff wants to conduct their own bankground check

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jrinne0430

New member
I sent a copy of my C&R ffl renewal application (as per ATF requirements) to the sheriff's office. I received a call from them and they want my DOB so they can run their own background check:confused:

As far as I am concerned, I have fulfilled my requirements by sending them a copy of the C&R FFL. Has anyone run across this prior?
 
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2ndsojourn

New member
If you've already bought guns in the past and had background checks done, what are your concerns? If you have a carry permit, same thing. If you presently don't have a cary permit and wish to get one in the future, or wish to renew, you're going to need his cooperation, right?
*shrugs* If any of the above applies, what's to lose?
 
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jrinne0430

New member
If you've already bought guns in the past and had background checks done, what are your concerns? If you have a carry permit, same thing. If you presently don't have a cary permit and wish to get one in the future, or wish to renew, you're going to need his cooperation, right?
*shrugs* If any of the above applies, what's to lose?
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My concerns are why would they need one? The ATF runs my background when I apply/renew. Why submit to additional checks when they are not relevant? I also have a carry permit and unless I do something that prohibits me from having one,
you're going to need his cooperation, right?
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I will not need their cooperation. I, as the sheriff, needs only to follow the law. By the way, they do have my SS# as it is on my renewal form.

Has anyone run across this before?
 
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Steve in PA

New member
Don't give him anything. You fulfilled the requirement of sending him the paper work you were supposed. All he is entitled to is the notification. If he does anything else, that's on him. But I would not give him any info beyond that which is required with the C & R License.
 
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jrinne0430

New member
Don't give him anything. You fulfilled the requirement of sending him the paper work you were supposed. All he is entitled to is the notification. If he does anything else, that's on him. But I would not give him any info beyond that which is required with the C & R License.
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This is what I planned but was wondering if anyone else has ever ran across this before. Though the sheriff is new (elected about 1yr ago), we have already run across behavior issues with his deputies. Unless it is required by law, which I cannot find anything that states that I must submit to the county's background check, I don't plan on providing the additional information. The sheriff does not approve or deny my C&R FFL.
 
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49willys

New member
Seems I heard you can turn c and r papers into your local chief of police instead of the county sheriff.I just applied and haven`t heard back yet but it seems it said right on the application.
 
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jrinne0430

New member
Seems I heard you can turn c and r papers into your local chief of police instead of the county sheriff.I just applied and haven`t heard back yet but it seems it said right on the application.
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You submit a copy of the application and C&R FFL to the CLEO. Mine just happens to be the sheriff. I have not heard of a county required to run their own checks, and unless there is a law requiring it, I will not provide the additional information. I feel that unless there is a "specific" reason or requirement, then don't submit to unnecessary demands.
 
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Sharkbite

New member
Does the application require him to "sign off" on it or is it just a notification?

If you dont need his signature then dont bother with his background check. If on the other hand he has to sign any kind of approval for you to get your C & R... You might be stuck going along
 
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jrinne0430

New member
No sign off required, just supply them with a copy. As you may sense, I feel any additional requirement a step toward infringement.
 
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Cheapshooter

New member
Line 9 of the form includes your DOB. He can get it from there if he wants to fun his own background check.
You don't have to give him any further information. Unless there is a city, county, or state law requiring it.
Possibly it is just a formality he goes through, possibly his way of harassing C&R license holders.
One thing to think about though. The reason the BATF requires you to send a copy of your application to the CLEO is so he can contact them with his opposition to you having the license. So if you don't give him what he already has, will he take it one step further, and request the BATF deny your license.
 
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Cheapshooter

New member
My bad, didn't even remember that even though I just filled mine out, and sent it in last week.

As you mentioned this is a newly elected sheriff. Possibly just his idea of doing his job. If so, your job is working to make him a one term sheriff.
Also, is it possible that it is a newly enacted local law. Did you ask when they called if it a requirement backed by law?
I guess you can just ignore them, and hope they just forget about it. Not contact the BATF informing them you are not cooperating with him causing the BATF to delay, or deny your license.
 
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bedbugbilly

New member
i know nothing about any of this but it seems that if the sheriff wants the OP's DOB . . and it's not a requirement for him to run a background check (sorry, I'm somewhat of a "rebel") . . . I'm sure the OP probably has a Driver's License for the state he lives in? I mean, the Sheriff has the OP's name, his address, etc - how hard is it to "run" he OP and get the DOB?

This sounds like more of an "ego trip" for the Sheriff to make folks jump through hoops that aren't required. There are a lot of good LE officers out there . . . and there are some that shouldn't be . . just like any other profession. Just how many times is it necessary to run a person's background check if it's already been run for the C & R and the CCW?

Sometimes one term as Sheriff is enough . . . and I can't believe if he is doing this to folks who have followed all the rules that are required . . . that somewhere down the line he's going to do a "job" on the morale of those who have to work under him.
 
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chiefr

New member
Like most posters said, you send your CLEO a copy. The CLEO can be the city Chief of PD, or the Sheriff if you live in the county.

This is what an ATF agent explained to me:
If whoever the CLEO is, if they have a problem with you having a FFL, the CLEO needs to notify the ATF. IE: If the applicant is under investigation l
locally or some other state/local issue unbeknown to the Feds or ATF.

Otherwise the ATF will give you the license.
At every renewal from your initial license, you will have to send a copy of your renewal to the CLEO. I always attach a cover letter.
 
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Doc Hoy

New member
I am a professor of Human Resource Management

Asking a person for their DOB exposes the requester to charges of discrimination under ADEA of 67.

I know this is not an employment situation but even so, if a grievant can convince the EEOC that he or she was discriminated against because of age, it makes the requesters day quite busy providing proof there was no discrimination. The EEOC office's decision to take the case has a lot to do with how busy they are.

Persons who need age information are far better advised to ask if the applicant meets age requirements rather than asking the persons age.

As an example, I worked for a construction company in a position in which I hired CDL truck drivers. There was a chance that the drivers might need to cross state lines. The DOT required that all CDL drivers crossing state lines had to be at least 21 years of age. This means that the driver was statutorially required to be 21 years of age. That fact made it a BFOQ that CDL drivers had to be 21. But instead of asking for their date of birth, I told them that drivers had to be 21 and merely asked them if they met that criterion.

Getting a background check is not something that is protected by ADEA 67. SO EEOC would not likely move against the Sheriff for asking. But in making that determination, the EEOC goes to the alleged aggrieving organization and ruins their day with documentation requests. I handled four cases while I was employed at the construction company. Every one of them went no further than the investigation stage. And every one of them occupied hundreds of man hours providing documentation proving the complaint was unfounded.

In order to remain on good terms with the Sheriff, I would provide the information they request.

My point is they are not in a strong position in asking the question unless (as has been said before) there is some statute over which the Sheriff has jurisdiction which requires it.
 
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jrinne0430

New member
This is what an ATF agent explained to me:
If whoever the CLEO is, if they have a problem with you having a FFL, the CLEO needs to notify the ATF. IE: If the applicant is under investigation l
locally or some other state/local issue unbeknown to the Feds or ATF.
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I never spoke with the shreiff's office, they just left me a phone message. In the message, I was informed that they (the sheriffs office) wants my DOB so they can run their own background check on me. The ATF will be performing this check when they received my application. Unless there is a requirement for this (and after reading VA Code 18.2-308.2:2 it does not appear so), then this is a type of harrassment, infringement, etc that the dept is tyring to implement, regardless if it is done by ignorance to the law or willfully. I will try to get some clarity from the AG's office and progun law firm on this matter.
 
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