Posted on 06/21/2009 7:00:52 AM PDT by HotLead61
Friday, June 19, 2009
NRA-ILA has recently received several calls from NRA members in border states who have been visited or called by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. In some cases, agents have asked to enter these people's homes, and requested serial numbers of all firearms the members possess.
In each case, the agents were making inquiries based on the number of firearms these NRA members had recently bought, and in some cases the agents said they were asking because the members had bought types of guns that are frequently recovered in Mexico.
This kind of questioning may or may not be part of a legitimate criminal investigation. For example, when BATFE traces a gun seized after use in a crime, manufacturers' and dealers' records will normally lead to the first retail buyer of that gun, and investigators will have to interview the buyer to find out how the gun ended up in criminal hands. But in other cases, the questioning may simply be based on information in dealers' records, with agents trying to "profile" potentially suspicious purchases.
On the other hand, some of the agents have used heavy-handed tactics. One reportedly demanded that a gun owner return home early from a business trip, while another threatened to "report" an NRA member as "refusing to cooperate." That kind of behavior is outrageous and unprofessional.
Whether agents act appropriately or not, concerned gun owners should remember that all constitutional protections apply. Answering questions in this type of investigation is generally an individual choice. Most importantly, there are only a few relatively rare exceptions to the general Fourth Amendment requirement that law enforcement officials need a warrant to enter a home without the residents' consent. There is nothing wrong with politely, but firmly, asserting your rights.
If BATFE contacts you and you have any question about how to respond, you may want to consult a local attorney. NRA members may also call NRA-ILA's Office of Legislative Counsel at (703) 267-1161 for further information. Whether contacting a local attorney or NRA, be sure to provide as many details as possible, including the date, time, and location, agent's name, and specific questions asked.
Copyright 2009, National Rifle Association of America, Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes. 11250 Waples Mill Road, Fairfax, VA 22030 800-392-8683
Great answer!
A way to avoid these nosy BATF thugs is to purchase your firearms from private parties....no paper trail.
If asked this question by the BATF, I think my likely answer would be, “only after I’m outta ammo.”
...and how hard is it to find a Clinton/Obama appointed federal judge to sign the "no-knock, ram-the-door, shoot-the-dog, handcuff-the-kids, seize-the-weapons warrant"?
- Records indicated the suspect has been purchasing many assault weapons and ammunition.
- The suspect frequently posts comments on a right-wing hate website.
<slipperyslope>
- Suspect refused to cooperate with and was rude to the BATFE case worker.
- Suspect refused to establish his "need" for the weapons and ammunition and has refused a voluntary "safety audit" of his weapons....."
</tinfoil>
That's how they avoid your Constitutional rights, by the unspoken threat of a raid - with a warrant of course.
So the warrant can't be a civil visit, you have proven your animosity and you must be met with force with the warrant.
Somehow I don't think that is the intent of the warrant rule.....
May I see your warrant?
ATF census?
Videotape...
That is the answer, do you have a warrant? If not, hit the road.
Denying agent’s access sans any other fact is insufficient probable cause to get a search warrant. Of course in Obama nation, that would probably not apply. So, how about this answer, yes as soon as the zero provides a voluntary copy of his certificate of live birth? At least that would get it to the courts in a supression hearing.
Vince
bookmark
Damn Pixies!
I would say ... what guns ... I don’t own any firearms.
“BATFE Asks: “May We See Your Guns?”
No. No you may not.
Officer, certainly, but only when you have probable cause to believe that a crime has been committed, AND THEN COME BACK WITH A WARRANT.
Umm not to be “Old fashioned” here, but what the H*ll happened to the concept of Probable Cause?
Since when do they have the right to randomly search people’s homes under this vague reasoning?
I would also add that if the agents refuse your attempt to record the interview then I would tell them that nothing is happening till your lawyer is able to join you for the interview.
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