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
Is that the same way as in Social Security Numbers were not to be used as Identification numbers? ;)
Waco style comes to mind !
“an NRA member as “refusing to cooperate.” “?
Get a search or arrest warrant or get the hell off MY property.
How’s that for uncooperative?
In Border States, BATFE Asks: “May We See Your Guns?”
Sure. As soon as you show me your warrant.
The only answer that an American can or should give to that question from a Government agent.
Not to drone on and on about quaint little concepts like our Constitutional rights and all, but IIRC, back when they started those sobriety check points, one of the main objections was that people were being searched without probable cause.
It was another case of the erosion of our rights – it was decided that the enforcement of DWI laws was more important.
It used to be that the government couldn’t just randomly decide to search persons on the street or search people’s homes for no damn good reason.
So what’s the justification here?
Here's my lawyer's number, goodbye.
The BATF seems to be on a fishing expedition. They are asking for consent searches because they don't have enough info for a warrant. The key to consent searches is that the subject has to say yes.
I would be interested to see if they could get a warrant. Even if they went warrant shopping they probably wouldn't stand up in court later.
Step 1. Grab video camera and begin recording the entire encounter.
Step 2. Demand to see credentials and WRITE DOWN the names of all involved.
Step 3. Demand, do not ask, DEMAND to see a duly constituted Warrant.
Step 4. If no Warrant is produced order, do NOT ask, the BATFE thugs off your property with a stern warning not to return without said Warrant.
Step 5. Note license plates of all vehicles involved.
Step 6. Upload video of encounter to Youtube along with a written narrative including the names of the alleged ATFE agents involved.
Step 7. Notify your local Sheriff of the ATF activities and DEMAND that the Sheriff require written permission before the ATFE can engage in ANY such activities in the future.
Step 8. Retain counsel. Make copies of videos and written records and give them to said Counsel.
That'll do for a start.
My answer would contain only two.
What other word besides "no"?
L
I would add, if questioned it would be wise to record the interview with the knowledge of the BATFE agent or to take notes at the time of the “interview”.
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Anyone that lets them in without a warrant is stupid. Also they should video tape them from the time they answer the door to the time they leave.
Your Warrent?
Your authority?
You’re tresspassing!
My a$$?
SO many many possibilities....
So what would happen if you tell them to bugger off?
Don’t forget to send copies to friends and family.
how about this answer, yes as soon as the zero provides a voluntary copy of his certificate of live birth?
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In theory that would probably be VERY cool; but I wonder if that would be construed as a “failure to cooperate by a right-wing extremist”, a further excuse to be “pigeonholed” as a resistor. Some wouldn’t care about that. Others might think that would basically make you “one of the first” to get a visit from Hussein’s “basij”.
Welcome to FR, ewp! Glad to have you here.
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