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ATF Inspection, but no license?
- Thread starter jhammer
- Start date
It might simply be a mistake. BATFE does often inspect the business premises of applicants for a dealers' FFL, and applicants for manufacturer's licenses. But they are not authorized to inspect the premises of the holder of or applicant for a collector's license.
The presumpiton under the law is that a collector carries on his activity in his own home, not in a place of business. They are authorized to look at a collector's bound book, but the collector can take his book to their office. They can ask to inspect the book at the home, but cannot require it and cannot inspect (i.e., search) the home without a warrant. I would query very closely any effort by BATFE to "inspect" my home under any pretext, unless they can obtain a warrant. Your friend might want to tell BATFE that he will refer their request to his attorney, if they persist, then actually hire an attorney. It will cost some money but the loss of a serious collection to some anti-gun zealot with a badge will be much more costly.
Jim
The presumpiton under the law is that a collector carries on his activity in his own home, not in a place of business. They are authorized to look at a collector's bound book, but the collector can take his book to their office. They can ask to inspect the book at the home, but cannot require it and cannot inspect (i.e., search) the home without a warrant. I would query very closely any effort by BATFE to "inspect" my home under any pretext, unless they can obtain a warrant. Your friend might want to tell BATFE that he will refer their request to his attorney, if they persist, then actually hire an attorney. It will cost some money but the loss of a serious collection to some anti-gun zealot with a badge will be much more costly.
Jim
Thanks for the info! I'll be sure to pass the info along! I was kind of confused when he said he was getting inspected and he didn't have a license yet. I don't believe they made a mistake as far as being an 01 inspection because he said that he was told that "it was a C&R inspection so it would be quick." But they may believe he has the license already. He jokes about not wanting the license anymore, but if he's serious I wouldn't blame him. LOL
johnwilliamson062
Moderator
I was thinking about this and I would bet your buddy filled out the form wrong and applied for a 01 FFL. He probably filled out something indicating it was not for a business and now the ATFE wants to know what is up.