ATF Conduct Surprise Inspection at Man’s Home without Warrant VIDEO

Bought multiple pistols before and might again. No visits. I prob don’t tick off enough boxes for a visit.

That said and serious question…

If the atf shows up without a warrant. Knocks on the door asking to talk and I flat out ignore them. Yes, I’m home. Yes, they know I’m home and don’t respond to the knock or doorbell. But just keep watching tv or whatever.

What can they really do?
Shoot your dog
 
I still think there is more to the story here, the guy they visited was stopped by police in Philadelphia, maybe he was there on business, visiting family or friends, etc. (and had a gun with him for protection, which is not unusual) but, depending on circumstances/where he was in Philadelphia when he was stopped, it may have raised the flag about possible straw purchases.
 
Most of the less shitty agents tend to be a little more tactful about it, though, not coming loaded for bear for what 99.9% of the time is a non issue.
No argument there. Being a badge-heavy Richard on its own isn't against the law. It is stupid and counter-productive in the long run. If he has a long enough career, eventually he'll pull that crap on the wrong guy.
 
Just wondering, if someone in this situation has an FFL03 or other license, would this obligate them to get ATF in to see the guns anyway? Or, only for applicable guns (like C&R bought with the license)?

No it wouldn't.

Yes, only applicable to C&R guns bought under the 03 license.

You can arrange the time and place for your 03 book/firearms to be examined, it doesn't have to be at your home address, and they don't just show up out of the blue.
Obligatory pedentry:

There is no such thing as buying guns "under your 03 license".

The term is "while licensed", which makes any C&R acquired or disposed of while licensed subject to C&R rules, and they must be entered in your A&D log.

If you have a C&R 03 license, any C&R firearms you acquire or dispose of must be logged.
 
Definiton of "search"
  1. In Law: The examination of a person or property, as by a law enforcement officer, for the purpose of discovering evidence of a crime.

Their illegal "search" started the instant that they selected this guy for examination for which they had no probable cause to do so. Having no probable cause, they did not seek nor obtain a warrant to justify their presence at the man's property.

It was an illegal, intimidation driven fishing expedition.
I agree with you about the intent, but I think you're conflating 4A and 5A law.

The intimidating nature of three armed agents wearing body armor would make a reasonable person believe that he was not free to go, making him "seized" under 4A case law.

They intimidated him into giving up his 5A right against self incrimination, but he could have stopped that with a simple, "No thanks. Have a good day."
 
99.9% of these forms are ignored by the ATF.

However, it is a great idea if you are getting a shitload of handguns at once to have the dealer include a note/memo with this, to make them more likely to ignore you. For example if you just inherited an estate or picked up your friends confiscated guns, it looks less suspicious that way if it's explained already.
Someone might know this but I assume a call to the FFL for some background on the transaction normally takes place before they go out?

ATF guy “anything weird about blank”
FFL. “ …..”

Not sure probably cause is needed for them to go to your house and attempt to inspect what you have. You saying no and then knocking the door down and stomping out your goldfish would be the warrant and probable cause part
 
They can f*** off.

There is no Federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF.


rephrased for clarity.
Sbr’s are regulated and registered. ATF can inspect them at will, if I understand correctly.
If they show up like in the op, are you obligated to show and tell on the spot?
 
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"Hold on one second, just want to make sure my camera is getting this since you gentlemen in jeans, tshirts and vests don't seem to be wearing any cameras for my lawyer to later subpoena the footage or in this case, lack therof. May I just take a quick look at your warrant? Oh, you don't have one? Got it. No problem. As soon as you come back with a warrant and notify me of the crime you seem to think I am guilty of committing, and as soon as I can take a look at said warrant, I'll be more than happy to comply with all lawful requests. Until then, you're tresspassing on my private property, violating my 4th and 5th amendment rights and I'd like you to leave before I call the real police."
 
Many people do not know about the multiple gun sale registry.
 
Obligatory pedentry:

There is no such thing as buying guns "under your 03 license".

The term is "while licensed", which makes any C&R acquired or disposed of while licensed subject to C&R rules, and they must be entered in your A&D log.

If you have a C&R 03 license, any C&R firearms you acquire or dispose of must be logged.

Yes, correct, and that's what I've been doing even though I never presented the license during a transaction.
 
rephrased for clarity.
Sbr’s are regulated and registered. ATF can inspect them at will, if I understand correctly.
If they show up like in the op, are you obligated to show and tell on the spot?
This is often repeated, and always incorrect.

The ATF will never come to the residence of a non-licensee (that is, a regular owner, not a FFL dealer/manufacturer) to randomly "inspect" NFA firearms, and has no authority to enter a non-licensee's residence for any purpose without a warrant. The whole "inspection" thing is a myth, likely originating from the fact that FFLs are subject to ATF inspection during their announced business hours.
 
This is often repeated, and always incorrect.

The ATF will never come to the residence of a non-licensee (that is, a regular owner, not a FFL dealer/manufacturer) to randomly "inspect" NFA firearms, and has no authority to enter a non-licensee's residence for any purpose without a warrant. The whole "inspection" thing is a myth, likely originating from the fact that FFLs are subject to ATF inspection during their announced business hours.
And Type 03 FFLs (Curios & Relics) are not subject to on-premises inspections at all, unless they chose it. At the licensee's option, they can have the inspection done at the nearest ATF headquarters.

Naturally that's going to be a bound book inspection only, because the ATF doesn't want you hauling your collection into the federal building.

Even then, 03 cruffflers can only be asked for an inspection once per calendar year. Any 03 inspection at all is so rare that it's newsworthy when it happens. Mostly they happen when an ambition young agent who doesn't know about the different rules, intimidates a collector who doesn't understand his rights.
 
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