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If ATF Comes A Knocking, Only Surrender Your 80% Frame or Receiver Under Protest!
Prince Law Office ^ | 12/14/2020 | Joshua Prince, Esq.

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.


TOPICS: Miscellaneous
KEYWORDS: atf; banglist; firearm; guncontrol
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To: Basket_of_Deplorables

As I understand it, they not only need a warrant—they MUST have the county Sheriff with them.


21 posted on 12/15/2020 2:47:55 PM PST by ridesthemiles ( )
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To: Basket_of_Deplorables

USconcealcarry.com isn’t allowed in my state of Washington, the state insurance commissioner calls it ‘murder insurance’.


22 posted on 12/15/2020 2:51:28 PM PST by PROCON (Molon Labe)
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To: Vendome

I sold all mine and made a healthy profit.


23 posted on 12/15/2020 2:52:10 PM PST by GreyHoundSailor
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To: voicereason

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.


24 posted on 12/15/2020 2:52:32 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: Jewbacca

Funny

We have that on our house...

It’s “the law” when you are selling a home in California during the Plandemic


25 posted on 12/15/2020 2:54:00 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: voicereason

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.


26 posted on 12/15/2020 2:58:15 PM PST by calljack (Sometimes your worst nightmare is just a start.)
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To: Jewbacca




Really cut back on unwanted visitors.

Would work on ATF, too.
27 posted on 12/15/2020 3:00:42 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: 2aProtectsTheRest

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.


28 posted on 12/15/2020 3:01:32 PM PST by curious7
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To: voicereason

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.


29 posted on 12/15/2020 3:11:44 PM PST by Hardastarboard (Don't wish your enemy ill; plan it.)
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To: voicereason

don’t bother knocking.


30 posted on 12/15/2020 3:15:03 PM PST by semaj (Death to Traitors)
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To: lapsus calami

I think “Build Back Better” should be about us building better guns.


31 posted on 12/15/2020 3:15:43 PM PST by Wilhelm Tell (True or False? This is not a tag line.)
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To: voicereason

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!


32 posted on 12/15/2020 3:18:42 PM PST by The MAGA-Deplorian (It is the Trump way! It is the only way!)
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To: Basket_of_Deplorables

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/


33 posted on 12/15/2020 3:36:13 PM PST by familyop
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To: voicereason

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....


34 posted on 12/15/2020 3:39:26 PM PST by Lockbox
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To: voicereason

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.


35 posted on 12/15/2020 3:40:53 PM PST by WilliamOrby
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To: voicereason

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?


36 posted on 12/15/2020 3:46:35 PM PST by precisionshootist (uic)
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To: 2aProtectsTheRest

The other obvious thing is that when your lawyer says something, you didn’t.


37 posted on 12/15/2020 4:01:09 PM PST by grumpygresh (Civil disobedience by jury nullification. )
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To: eyeamok
I must have missed that class in scholastic philosophy where putting a bunch of items in one box that can be sold separately transubstantiates them into a firearm under Federal law.

The miracle of the crass.

38 posted on 12/15/2020 4:15:34 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: precisionshootist
At his point I wonder what is the purpose of the 2nd amendment? How is it supposed to protect us from tyranny?

As Hobbes said, "The law without the sword is but words."

39 posted on 12/15/2020 4:16:50 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: PROCON
USconcealcarry.com isn’t allowed in my state of Washington, the state insurance commissioner calls it ‘murder insurance’.

It's actually fake "murder insurance."

Real murder insurance is called "qualified immunity." Ask Ron Horiuchi.

40 posted on 12/15/2020 4:22:25 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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