Posted on 12/15/2020 2:15:06 PM PST by voicereason
As many in the Firearms Community are aware, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raided Polymer80, Inc last week and since then, there is at least one report of a customer being visited by ATF and forced to surrender their “P80.” Given what appears to be ATF’s active enforcement of its interpretive jiggery-pokery, ever changing interpretations of the Gun Control Act and implementing regulations, it is important that any individual confronted by ATF regarding this newly minted interpretation, advise the agent that he/she is surrendering the items under protest, that you do not consent to the forfeiture or destruction of your property, and that you require a property receipt from ATF. Be aware that the agent may attempt to have you sign an ATF 3400.1 Form – Consent to Forfeiture or Destruction of Property and Waiver of Notice – which you should NOT sign under ANY circumstance. In the event that they ask you to sign an ATF 3400.1, inform them that the only ATF form you are willing to sign is an ATF 3400.23 – Receipt of Property and Other Items, as the ATF 3400.23 does not contain language, wherein you agree to the forfeiture/destruction of your property.
You should also attempt to take photos of your items, so you can prove the condition they were in when taken by ATF, as well as, find any receipts or other information relative to your purchase of the items. It would also be prudent to separately document your experience of the encounter in writing – such as the location, date, and time of your interaction with the ATF agent(s), the names or other identifying information (ID #, contact number, business card, etc.) of all ATF agents or persons you spoke with, the details of all discussions, and any other information they told or provided you. You should also demand a copy of the executed ATF 3400.23. If they tell you that they’ll mail you a copy, in addition to requesting that they do, you should take a photo of the executed form with your phone. After compiling all these documents and information, you should place them in a safe place.
So that there can be no misunderstanding on ATF’s part, I would strongly recommend sending a letter, consistent with the below, to the ATF Agent that took your item(s), because, in the event ATF elects to institute a forfeiture action, they are required to serve you with a copy and in that event, you should immediately contact an attorney, if you wish to challenge ATF’s ability to forfeit your property.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Dear Agent :
As I informed you on when you took my (hereinafter “items”), I surrendered them under protest as I understand ATF contends that my continued possession of those items would result in my arrest and prosecution. As I dispute ATF’s contention and authority in this matter, I am only surrendering my items to preclude my arrest and prosecution. I do not consent to the destruction of my items nor do I consent to forfeiture of my items. I assert all of my rights pursuant to the U.S. Constitution and all applicable federal laws.
In the event ATF’s newly minted interpretation is enjoined or is deemed unlawful by a court of law, I expect ATF to immediately return my items, at no cost to me, and expect that ATF will not cause any damage or harm to them, while in its possession.
Thanking you for you time and assistance in this matter, I am
Yours Truly,
If your rights have been violated by ATF or another federal administrative agency, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
As I understand it, they not only need a warrant—they MUST have the county Sheriff with them.
USconcealcarry.com isn’t allowed in my state of Washington, the state insurance commissioner calls it ‘murder insurance’.
I sold all mine and made a healthy profit.
Open the door. Hopefully you have a screen door so they don’t just press in.
Start coughing uncontrollably.
“I have a fever and am supposed to be on quarantine for my Covid. You need to go away.”
Or just post a CDC Notice of Quarantine on the front door.
DO NOT ENTER
QUARANTINE HOUSE
CONFIRMED CASES OF COVID-19
Do not enter under penalty of Herr Fauci.
Funny
We have that on our house...
It’s “the law” when you are selling a home in California during the Plandemic
Or you could show them your incident report where your boat capsized and you lost your entire gun collection and all your parts.
Every.
Single.
Thing.
And make certain the ‘warrant’ is signed by a court of competent authority. That varies from state to state, check with a local attorney to find out which courts have that authority in your state.
I had one, but I SUCK as a machinist and ruined it. So I did what a good liberal would do, I recycled it. I’m sure it’s been turned into soda cans by now.
don’t bother knocking.
I think “Build Back Better” should be about us building better guns.
I’m sure that the good honest people of the ATF with 16 guns drawn at my head will give me some time to break down my weapon. I mean they gave Randy Weavers wife and son a running start before they slaughter them!
I like USCCA, but what’s the latest on the Kayla Giles case? This lawyer who worked for USCCA before has been picking away at USCCA now for some time. He says that the USCCA unethically refused to cover her costs.
https://lawofselfdefense.com/uscca-sued-in-federal-court-refused-to-cover-platinum-member/
Too complicated..... just mention that maybe while possibly boating, or surfing, or kayaking or, swimming I may or may not have lost something.... I’ll get back to you once I can remember....
I wonder if they will start going to the homes of people who bought “Fuel filter” or “Solvent trap” supressors? I saw one a guy bought online from Walmart that didn’t even need to be drilled out. Came with a short piece of plastic tubing in the box, I guess that is to make it legal. I was really surprised at the quality for 25 bucks and being purchased from Walmart online.
So are all those that own AR15s going to surrender them under protest? At his point I wonder what is the purpose of the 2nd amendment? How is it supposed to protect us from tyranny?
The other obvious thing is that when your lawyer says something, you didn’t.
The miracle of the crass.
As Hobbes said, "The law without the sword is but words."
It's actually fake "murder insurance."
Real murder insurance is called "qualified immunity." Ask Ron Horiuchi.
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