That's some pretty serious crack at 4:48....

Shooting the Biggest Guns Money Can Buy | The Big Sandy Shoot - YouTube

 

Uh, no. Entities (individuals/trusts/corporations) are NOT subject to arbitrary BATFE inspection UNLESS they also are an
FFL or FFL/SOT. If you simply hold stuff on a form4 (or form1) and do not have an FFL, then BATFE has no arbitrary inspection rights. Read the last paragraph below...


NFA Weapons And The 4th Amendment

As to surrendering your 4th amendment (search and seizure) rights, this is definitely true when one gets a Federal Firearms License. The law allows the ATF to inspect your records and inventory once every 12 months without any cause, and at any point during the course of a bona fide criminal investigation (18 U.S.C. sec. 923(g)). They may inspect without warning during business hours. The only modification of the above pertains to the C&R FFL (type 03) where ATF must schedule the inspection, (C&R FFL holders do not have business hours) and they must have the inspection at their office nearest the C&R FFL holders premises, if the holder so requests. ATF may look around the licensed premises for other weapons not on your records. This means they take the position that if your licensed premises are your home they may search it, as part of the annual compliance inspection. The constitutionality of the warrantless "administrative search" of licensees provided for in the Gun Control Act has been upheld by the US Supreme Court, see U.S. v. Biswell, 406 U.S. 311 (1972). Biswell was partially overturned by Congress by 1986 changes to the requirements for a warrant under the GCA, but the administrative search provisions remain.

In addition, if one is also a SOT, ATF claims to have the right to enter onto your business premises, during business hours, to verify compliance with the NFA. Their regulation to that effect is found at 27 CFR sec. 179.22. The regulation is apparently based upon 26 U.S.C. sec. 7606:

7606. Entry of premises for examination of taxable objects.

(a) Entry during day.

The Secretary may enter, in the daytime, any building
or place where any articles or objects subject to tax are
made, produced, or kept, so far as it may be necessary for
the purpose of examining said articles or objects.

(b) Entry at night.

When such premises are open at night, the Secretary may
enter them while so open, in the performance of his official
duties.

(c) Penalties

For penalty for refusal to permit entry or examination, see
section 7342.

26 U.S.C. sec. 7342 provides for the penalty for a refusal to
permit entry under section 7606:

7342. Penalty for refusal to permit entry or examination.

Any owner of any building or place, or person having the
agency or superintendence of the same, who refuses to admit
any officer or employee of the Treasury Department acting
under the authority of section 7606 (relating to entry of
premises for examination of taxable articles) or refuses to
permit him to examine such article or articles, shall, for
every such refusal, forfeit $500.

They claims this right extends to examining your business records, and firearms. This would only apply to your NFA firearms, although they could presumably examine other guns to make sure they were not NFA firearms, and subject to the law. This is not subject to the controls found in the GCA, noted above, as the legal basis for the search is not found there. So they could claim a right to do this sort of search once a month, or once a week. I am not aware of any current abuse of the authority under this section. While the regulation made by ATF only applies this authority to SOT's, the statute itself is not so limited. At least one court case has suggested this power is available to search an FFL holder who is not an SOT. (U.S. v. Palmer, 435 F.2d 653 (1st Cir. 1970)).

As to one who is neither a FFL nor SOT, but only owns weapons regulated under the National Firearms Act, ATF may only compel you to show an agent upon request the registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 U.S.C. sec. 5841(e). They do not have any right to compel you to produce the weapon. As always the Fourth amendment applies, and ATF may not enter your home or other place of storage of the NFA weapon, nor seize the weapon, without a warrant, or without falling under an exception the Supreme Court has created to the operation of the Fourth amendment, or without your consent.

 

Sure, but do you think if the BATFE "suspects" some impropriety with your NFA weapons, they won't get a warrant to do a search at night? Keep believing that.

Where is that doc from? I'd like to read the actual part of the NFA before I buy that argument. From my own experience, the ATF can and does check compliance.

 

Hi Chris,


Certainly, a law enforcement agency showing probable cause can obtain a search warrant and execute a search. Assuming
the worst in these types of cases would most likely result
in having your door kicked down in the middle of the night for their safety (and to put on a show for the local news crews, lol)...

Simple possession of legally registered NFA items (acquired by paying the 1934 "tax") goes not preclude constitutional
rights any more than paying federal income tax to the IRS.


A couple good NFA references:

http://www.atf.gov/publications/down...f-p-5320-8.pdf

This document was actually written by members of the NFA Act Trade and Collectors Association NFATCA and then adopted by the BATF after review.

This FAQ also contains good info (including the snipit above):
FAQ On National Firearms Act Weapons

 

Nice! Thanks for that scoop - that's reassuring. It's been one reason I've held off doing my suppressors and SBR. Much appreciated...

 

Same here. I was always under the impression the you gave up some rights by getting an SBR or suppressed weapon. Good info new guy!

 

Wow....would like to take a trip out there