Color of Law Stated: an application must still be complete, and no court in the State of Ohio will make a sheriff sign an incomplete application.
Yet Sheriffs are not All doing the same. Some Sign off without a Serial Number Present, some don't. The big reason I believe is because I made the Sheriff Process my Customers Forms. You see he refused to Sign as my Customer lived within City Limits. He told him he refused as he lived in the City and wasn't required to sign. I sent him back with a print out of the new law, which showed the Sheriff was Required. All the CLEO Signature does is show the Buyer is Not in the Local System, and gives the CLEO the Power to Prevent a Normal Transfer. It's been used that way for years. I'm just looking for an Attorney to see if their is Legal way to Prevent the Serial Number from being Listed as it is Not Required for an Ohio CHL License. The new Law (311.43) states;
(C) The sheriff shall accept and process the certification in the same manner as an application for a concealed handgun license is processed under section 2923.125 of the Revised Code, including the requirement for a background check, except as follows:
Nothing there requires a Serial Number. The Sheriffs are creating their Own Data Base which I think is Illegal?

I have no information indicating that the transferee will use the firearm or device described on this application for other than lawful purposes. I have no information that possession of the firearm described in item 4 on the front of this form would place the transferee in violation of State or local law.

26 USC 5812
(a) Application
A firearm shall not be transferred unless
(1) the transferor of the firearm has filed with the Secretary a written application, in duplicate, for the transfer and registration of the firearm to the transferee on the application form prescribed by the Secretary;
(2) any tax payable on the transfer is paid as evidenced by the proper stamp affixed to the original application form;
(3) the transferee is identified in the application form in such manner as the Secretary may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph;
(4) the transferor of the firearm is identified in the application form in such manner as the Secretary may by regulations prescribe;
(5) the firearm is identified in the application form in such manner as the Secretary may by regulations prescribe; and
(6) the application form shows that the Secretary has approved the transfer and the registration of the firearm to the transferee. Applications shall be denied if the transfer, receipt, or possession of the firearm would place the transferee in violation of law.
(b) Transfer of possession
The transferee of a firearm shall not take possession of the firearm unless the Secretary has approved the transfer and registration of the firearm to the transferee as required by subsection (a) of this section.

Try and take a car title to the BMV that was notarized but without the mileage filled out. Some may take it, most will not. Legally, they should not accept it at all.

Just because some are allowing it does not make it right nor legal.

***

How can he agree to the firearm described in item 4 without having all of the relevant information in section 4? It even says...."Description of Firearm (Complete items a through i)" So the "firearm described in item 4" is everything in "a through i." How can you fail to see that logic? Just because not all require it doesn't mean it's right.

I understand how NFA forms Work. Been doing this since 1997, so let me ask it in a different way as it seems interpreted wrong.
I am asking why a Serial Number is required Before the CLEO Signs off on the Form. I know the Form has to Show the Serial number, but only before it is Submitted to the NFA Branch. Maybe that is why I didn't understand why I was getting such screwy answers. As for anyone who mentioned that the Form must be Complete, I agree it must be Complete before the NFA Branch gets it, but "WHY" is a Serial Number required Before the Sheriff signs off?
How's that Worts? Any real Lawyers here in the Field care to answer?
Thanks. again.

I understand how NFA forms Work. Been doing this since 1997 ...

Alright folks. Here's the Deal. The Sheriff Refusing to Sign a Form 4 with just the "Serial Number" left out, will sign all the SBR's,SBS's, DD'S & Silencer forms all day long. He Won't sign off for a Machine gun until it lists the Serial Number. Apparently he doesn't like us having them anymore? Change of mind? Not sure. What is really amazing, is this particular Sheriff used to sign off on a Blank Form 4 Before he was required to! One possible reason I heard is, I told them he had to sign for someone living inside City Limits [311.43] instead of sending them to their Chief of Police. So it seems he didn't like being told what to do. Hope this clears it all up. Thanks in Advance.............

Just for kicks and giggles, let's look at some auto titles which notaries public will sign. What about one with a blank line for the amount paid, so the transferee can lowball the price and pay less sales tax? What about ones with the transferee's information missing so it can be transferred to a third person without the middle-man purchaser ever taking title, even though the seller never had any contact or communication with the third party? Or what about the the notary who signs the jurat on a title that has been already signed (allegedly) by the transferror, when the transferee says, "Don't worry, I watched him sign it!" It's all fun and games until the notary gets caught in the middle of a fraudulent transaction and is suddenly sweating bullets. I've seen stuff like this happen many times, and the notary - who was usually just doing a favor for a friend - is now worrying about the possibility of criminal charges.

The Notary is notarizing your signature, nothing else...how could they possibly verify any of the other information on the Vehicle Title ??

Bill