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What can the ATF do?

Mr. LoboMr. Lobo Member Posts: 538 ✭✭✭
edited February 2002 in General Discussion
I just finished the post about the "BATF visit" wanting to see the SKS. It seemed that we have 2 different opinions on if the ATF can come into your home if you have a C&R license. I have just finished the paperwork and will throw it away if it gives anybody an open door policy into my home. Let's come to agreement on if they can or can't come in. Thanks, Jim

Comments

  • mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    I think the ATF will do anything they want to and then make up some bogus justification later. They may not have the RIGHT, but they've got the POWER! Mudge the cynical
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
  • soopsoop Member Posts: 4,633
    edited November -1
    Straight from the BATF book178.23 Right of entry and examination.(a)Exept as provided in paragraph(b)any ATF officer,when there is reasonable cause to believe a violation of the Act has occurredaand that evidenceof the violationmay be found on the premises of any licenced manufacturer,licenced importer,licenced dealer,or 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 licenced 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 or stored by such licensee under this part and(2)Any inventory of firearms or amunition kept or stored by any licenced manufacture,licenced importer,or licenced dealer at such premises or any firearms curios or relics or ammunition kept or stored by any licenced collector at such premises.It then states in (3)(c)Any ATF officer without having reasonable cause to believe a violation of the Act has occured 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 licenced collector for the purpose of inspecting or examining the records,documents,firearms,and amunition referred to in paragraph(a) of this section (1)for ensuring compliance with the recordkeeping requirments of this part not more than once duing any 12 month period or (2)when such inspection or examination may be required for determining the disposition of one or more particular firearm in the course of bona fide criminal investigation.At the election of the licenced collector,the annual inspection permit by this paragraph shall be performed at the ATF office responsible for conducting such inspection in closest proximity to the collectors premises.
  • Mr. LoboMr. Lobo Member Posts: 538 ✭✭✭
    edited November -1
    Thanks for the info! So much for the C&R.
  • idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    I have a blank C&R application sitting on my desk. I was reading this information a few weeks ago and this is exactly why the application is blank. I thought it would be great to be able to bypass a dealer and enjoy the convenience of receiving C&R rifles at my own home. Not anymore. It is reminiscent of my NY CCW. You have to list all handguns on the license and the location where they are stored. Needless to say, all handguns that I purchased in NY have been sold/traded. I parted with some loved ones but I feel a little more comfortable now even though it is merely a false sense of security.
  • jo-danjo-dan Member Posts: 57 ✭✭
    edited November -1
    Lobo,I had a C&R for about 15 years and recentlygave it up, although I had never been inspected in that entire time, just the thought of them coming in was a littlediscomforting to me. Having to put everything in the "bound book" is also aslight pain in the butt, and seeing how Ilive in NJ, I didn't want any evidencelaying around that could be used against me.It was a hard decision, but looking back,I'm glad I gave the license back. Onlyproblem now is $15 NCIC check here in NJ,But if you drive to Pa and buy there, it's only $4 or $5.good luckjoe
  • Mr. LoboMr. Lobo Member Posts: 538 ✭✭✭
    edited November -1
    Doesn't it seem strange that we are all hesitant to give our government access to our private areas? I do not believe that anyone here is a felon or a "bad guy" with something to hide. We are not scared of what they will find. We just don't want them snooping around in our homes. It just seems like we should be able to trust our own government. But with the restrictions our government has put on firearms along with other stories of citizen abuse I think the trust in government gone. Please don't get me wrong I am proud to be an American and will fight to keep our freedom. It just saddens me to not be able to trust my fellow Americans. Thanks to all who responded!Jim
  • whiteclouderwhiteclouder Member Posts: 10,574 ✭✭✭
    edited November -1
    You guys are being unreasonable about this. The statute states specifically, a warrant is needed and it will be served during business hours. That is MORE consideration than you will get from a county sheriff or city cop if they think you're growing pot or running a meth lab. They will wait until dark to hit you then. And as is the case with firearms violations, they need a warrant.Don't fool yourselves. If your government wants to see what's in your house, they can look and you can't stop them. To think otherwise is so much macho bluff and bluster that will make orphans of your children.Cold dead fingers, my *. 99 percent will turn over like a puppy.Clouder..
  • thesupermonkeythesupermonkey Member Posts: 3,905 ✭✭
    edited November -1
    Well yah, but we'll growl alot when we do!
  • Mr. LoboMr. Lobo Member Posts: 538 ✭✭✭
    edited November -1
    whiteclouder,I agree with your last statement. We are real tough guys here on our computers...Just don't push too hard or???Jim
  • whiteclouderwhiteclouder Member Posts: 10,574 ✭✭✭
    edited November -1
    Monkeys don't growl. More a simian simper.Clouder..
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