The Fourth Amendment to the United States Constitution guarantees the people's right to be free from unreasonable searches and seizures, which often -- but not always -- means that government agents must have a warrant to search and seize your person and property. It does apply to licensed C&R collectors as well, although as most C&R licensees are home-based there is no requirement for stating “hours of operation” and, therefore, the ATF will call to make an appointment. The point of the article is that owning an NFA item does NOT make those illegal things legal things. I’ve read speculation that this scandal would conceivably result in dismantling the ATF, long overdue. Arrest Warrants and Third Parties Arrest warrants allow a law enforcement officer to enter a residence in order to arrest a suspect for a crime. Let’s just make this crystal clear. No yeah I gotcha there. Enter your email address to receive notifications of new posts. So if you scroll while the page is loading you may see them, but then they disappear. If anyone purchased a “Buy, Build, Shoot” kit from them they will probably be hearing from the ATF … Ever. The question is, if some armchair Authoritarian in the justice system decides AR15’s or whatever the tax stamp covers is no longer legal, they have your name and address, so they don’t have to guess if you’re a criminal or not in case of confiscation. If they have an arrest warrant, you should likewise not do anything to interfere with their execution of the warrant. pretending to be: democrat with a golden heart. I am thinking in these terms as a direct result of “Truth about guns” article dealing with “illegal backdoor registry”. It is not a good idea to restrict the police from searching if they demand to search your house or office even if they do not have an warrant to do so, since they can use force with impunity and later on justify the search under Section 165. Meanwhile, this is how it REALLY works out in the real world: Allowing government agencies to continue to access this data does not seem aligned with a sense of freedom. For instance, if it’s an Uzi or a Mac-10, it’s a single stamp “machine gun” no matter what the barrel length is and whether or not it has a stock. Despite the fact that antis try to twist Miller more than a double-helix (and sadly succeed) the ruling would have been very pro-gun. And they need a warrant to go in without your permission. Or even a friendly request — “oh hello sir, we understand you own an NFA item. May we inspect it?”. I was just quoting the former fed. The ATF agent that conducted my interview for my home FFL said that they typically call to make an appointment specifically so they don’t waste their time coming when you’re not home. The singular point of the article was supposed to be that there is no waiver of rights by owning NFA goodies. Purchasing a NFA firearm does not require you to give up any constitutional rights such as the fourth amendment right to be free from searches and seizures. * The inspection is limited to the area of the home you explicitly define as the the FFL business area (e.g. Sections 8-18 of the Police and Criminal Evidence Act 1984 (PACE), gives the police statutory protection to enter and search your premises for evidence. These comments stem from the belief that NFA ownership means the ATF is legally allowed to stop by and enter your home at any random time for a no-warrant-or-notification-needed “NFA inspection,” and that you’re obligated to comply. People who talk to the police under such stressful circumstances rarely do themselves any favors. As a general rule, the police must obtain a search warrant before they can enter and search your home. Atf has become a rogue agency you have to right to an attorney use it. The scope of the inspection is still only the bound book and the firearms therein…. The purpose of a search warrant is to protect an individual’s privacy interests in his or her home so that law enforcement cannot come and enter the property. Again, this does NOT mean the ATF, IRS, or any other Federal agency won’t abuse its power and do illegal things to people. It cost him over $700 I legal fees to accomplish what should have been guaranteed by law. You called the ATF and said, "You sold my friend's car, wasn't that illegal?" And anything seized during an illegal search cannot be used as evidence in court. Past criminal record of the defendant. Having a warrant to search your home gives police the broadest right to conduct a search. regardless of source of corruption right, left, middle, doesn’t matter. The blockquote tag wasn’t closed out with a /blockquote at the end, from what I could tell. Yes, the ATF has kicked down doors due to specific interest in criminal activity of somebody (or the wrong address “LOL”), but while the concept of the “NFA Inspection” isn’t unbelievable as, yeah, the ATF does insane crap and could kick down your door for no dang reason, there’s no evidence that NFA ownership alone has ever led to anything of the sort. When this happens, the new owner needs to log it into his C&R “bound book” just like a $60 Moisin Nagant he bought from Century Arms. Sorry, your blog cannot share posts by email. Bringing this back to the NFA, if a C&R licensee owned NFA items personally or via a trust, they wouldn’t be allowed as part of the inspection anyway since they aren’t C&R (Curious & Relics) and therefore wouldn’t be in the licensee’s bound book as part of the collection. I don’t see any reason to believe machine guns are treated any differently from any other NFA item for this purpose. The ATF has to do work unlike NFA items which are a short click away so why would I want to make it easy for them? If you like, I’ll be more than happy to detail how to prevent most of this garbage on the web. Reason 1: Firearm Tracing. Oh right, from us. Search Local Fugitives. “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear commonly used, non-automatic arms, shall not be infringed.”. But they spend way more than $200 to process that paperwork. I also want to add to your comment. One of the most common myths that I hear about owning NFA items involves the supposed ability of ATF officers to search your home at any time of the day or night without the need for a warrant. I have two items and had been informed of this. shh, jeez “Mike” we’re just using our ‘fake’ names today. 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