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Wednesday, 25 July 2012 20:00

NFA Firearms and 4th Amendment: BATFE Searches

There is much concern and confusion regarding the perceived loss of rights or privacy by private, civilian owners of NFA firearms. While an FFL/SOT is subject to inspections by BATFE, private citizens are not subject to the same scrutiny.

The confusion on this issue seems to stem from the false assumption NFA firearm ownership requires a Class 3 license. It does not. A private citizen may obtain permission to own silencers, short barrel rifles/shotguns, machine guns, etc without a Class 3 license–whether that private citizen uses a gun trust or not.

An article by the Colorado-based Rocky Mountain Gun Owners explains the distinction between how an FFL/SOT is subject to BATFE searches while private citizens are not. I’ve provided an excerpt below:

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.

Arsenal Attorneys offers the Arsenal Gun Trust to help you own NFA firearms lawfully and safely. Our solution is based on your personal situation and state law. We helps clients maintain control over their firearms, reduce the legal risk and stress of handling NFA firearms, and create a firearms estate plan for your entire gun collection–all of which are benefits of the Arsenal Gun Trust.

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Arsenal Attorneys

Arsenal Attorneys is a nationwide law practice with offices in Fairfax, Virginia near Washington, DC and in Rocklin, California near Sacramento. We serve large and small clients, often remotely. Depending on the client's location, our services include estate planning, civil litigation, criminal defense, business law, landlord-tenant disputes, real estate, and firearms regulations. Our team of attorneys is licensed to serve clients in over 30 states. Contact us today to discuss your goals.

 

 

 

 

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