ATF and Suppressors

T

tank1949

Moderator
I do not know if this is true or not. An acquaintance informed me that if I legally purchase a suppressor, then ATF agents can come into my home w/o a warrant. I try my best to stay within the law, but society is becoming chaotic. I do not want law officials on my property w/o a warrant. Some bureaucrat could and would use anything against me. Pensacola is in a concealed carry state. But, that could change.
 
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This is a common urban legend, and it's utterly false. The ATF has no special power to enter your home without a warrant. You do not surrender any such rights by completing a Form 4.

As far as I can tell, this comes from the language that lets them conduct inspections on licensed dealers. It does not apply to end-users.
 
First, let me give the disclaimer that I am not aware exactly what the suppressor regs say. I don't own one, or a full auto arm and am not a lawyer, so my advice is worth what you're paying for it. :D

My understanding is that there is a required "compliance inspection" for certain NFA items. This is a check to see that you still have the item their paperwork says you have, AND that you have the paperwork on it (tax stamp, etc) that you are required to have. It might be yearly, I don't know.

This is a scheduled meeting between you and the agent(s) doing the check. They will make an appointment with you, to coordinate the time and place.

Now, technically, they will be visiting you without a warrant. THIS IS ALLOWED, as you are inviting them, they don't need a warrant.

They are not allowed to show up unannounced, in the middle of the night, or any other time, and ransack your property, its not a criminal investigation (for which they would need a search warrant, or your permission) its an administrative check, and you do have the right to refuse them entry to your property.

You will have to produce the item and your paperwork, but it doesn't have to be in your home, if you don't want it to be.

You're not giving up your rights when you get an NFA item, but you are required to play by the ATF's rules, and you are agreeing to do so as part of the application process.

If I've got any of this wrong, please feel free to correct and enlighten me.
 
I always get critical legal advice by asking strangers on the Internet......

Caveat Emptor is even more important today than it was a year ago.



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44AMP, I think you are confusing dealer inspections with private ownership.

The ATF can require you to prove registration of your NFA items, but they don't do scheduled inspections for private NFA owners.
 
I've owned suppressor's and other Class 3 NFA items for many years. I've never been contacted by anyone at the BATFE about doing any type of inspection.
But, I also keep all of my paperwork, trust, and tax stamps locked in a safe place, as well as keep several copies of the stamps in my range and hunting bags so that I have them with me when I'm hunting or shooting.
 
"...can inspect FFLs..." An FFL is a dealer's licence.
"...a required "compliance inspection"..." I believe that without the unelected civil servants at the ATF making an appointment with you that'd violate your Constitutional rights. If you're going to play with NFA stuff, it's up to you to know the laws and your rights. However, getting legal advice on an Internet forum isn't advised either.
 
T. O'Heir "...can inspect FFLs..." An FFL is a dealer's licence.
"...a required "compliance inspection"..." I believe that without the unelected civil servants at the ATF making an appointment with you that'd violate your Constitutional rights.
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Wrong. What you believe isn't grounded in facts. You fail to understand the difference between a search warrant required for a criminal investigation vs the requirement for the licensee to make his firearms records available for inspection....a requirement the FFL agreed to.

What requires a search warrant:
§478.23 Right of entry and examination.
(a) Except as provided in paragraph (b), any ATF officer, when there is reasonable cause to believe a violation of the Act has occurred and that evidence of the violation may be found on the premises of any licensed manufacturer, licensed importer, licensed dealer, or licensed collector, may, upon demonstrating such cause before a Federal magistrate and obtaining from the magistrate a warrant authorizing entry, enter during business hours (or, in the case of a licensed collector, the hours of operation) the premises, including places of storage, of any such licensee for the purpose of inspecting or examining:

(1) Any records or documents required to be kept by such licensee under this part and

(2) Any inventory of firearms or ammunition kept or stored by any licensed manufacturer, licensed importer, or licensed dealer at such premises or any firearms curios or relics or ammunition kept or stored by any licensed collector at such premises.
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When there is no suspicion of a criminal act, such as inspecting the FFL's records:

(b) Any ATF officer, without having reasonable cause to believe a violation of the Act has occurred or that evidence of the violation may be found and without demonstrating such cause before a Federal magistrate or obtaining from the magistrate a warrant authorizing entry, may enter during business hours the premises, including places of storage, of any licensed manufacturer, licensed importer, or licensed dealer for the purpose of inspecting or examining the records, documents, ammunition and firearms referred to in paragraph (a) of this section:

(1) In the course of a reasonable inquiry during the course of a criminal investigation of a person or persons other than the licensee,

(2) For insuring compliance with the recordkeeping requirements of this part:

(i) Not more than once during any 12-month period, or

(ii) At any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee, or

(3) When such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation.
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The FFL agrees to abide by all Federal laws and ATF regulations.....so if he doesn't want ATF coming to inspect his firearms records.....don't get an FFL.;)





For 03FFL's Collectors of Curios and Relics can choose to meet ATF away from their licensed premises for a compliance inspection, but must allow entry if for a criminal investigation:
(c) Any ATF officer, without having reasonable cause to believe a violation of the Act has occurred or that evidence of the violation may be found and without demonstrating such cause before a Federal magistrate or obtaining from the magistrate a warrant authorizing entry, may enter during hours of operation the premises, including places of storage, of any licensed collector for the purpose of inspecting or examining the records, documents, firearms, and ammunition referred to in paragraph (a) of this section (1) for ensuring compliance with the recordkeeping requirements of this part not more than once during any 12-month period or (2) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation. At the election of the licensed collector, the annual inspection permitted by this paragraph shall be performed at the ATF office responsible for conducting such inspection in closest proximity to the collectors premises.
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Typically a search warrant is to seize evidence of criminal acts. Since a compliance inspection is not the same as a criminal investigation, the ATF cannot seize the dealers records. If the inspection of the records indicate the dealer is/has committed criminal acts, the IOI will contact an enforcement officer to get a search warrant enabling seizure of evidence:
(d) The inspections and examinations provided by this section do not authorize an ATF officer to seize any records or documents other than those records or documents constituting material evidence of a violation of law. If an ATF officer seizes such records or documents, copies shall be provided the licensee within a reasonable time.

[T.D. ATF-270, 53 FR 10492, Mar. 31, 1988, as amended by T.D. ATF-363, 60 FR 17450, Apr. 6, 1995]
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