What if the ATF comes to your house?

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I'm not saying that you don't have a right to refuse to talk to them, or a right to slam the door in their faces.

What I am saying is that there are times when standing on those rights is stupid and likely to get you more difficulty. A search under a warrant, like a tax audit, is a very unpleasant and troublesome event and one to be avoided if it's practical.

One of those times might be when the agents come to your house and ask to see a specific, recently purchased gun or two.

The original question was "What do I do when that happens?"

Some of you seem to think that the questioner (the person who asked the original question in this thread) is an idiot, that he isn't capable of controlling himself enough to show them the guns and stop. I don't assume that.

I once read a book, written for people who had been arrested, which said that the criminal justice system is like a big industrial machine, full of gears and belts and sharp corners. And that once the machine grabs you, you don't know how it will deal with you or how you will look at the end of it. So it's best to get loose from it as quickly as possible.

There were never truer words spoken. Sometimes it's best to just be polite and comply.

And as to the Ed McMahon comment, about every other week I see a case where the first time a victim finds out that his house has been burglarized or his car stolen is when the police call to ask "Is this person supposed to be (driving your car, pawning your stuff, etc.)?" I had one today, actually. So it is entirely believable that ATFE agents or police officers would be there to return property.

And finally, sometimes it's plain jackassery. If the agents are there to recover stolen guns, what kind of jerk are you to refuse?

Sure, there are plenty of times when I might slam the door. But to give that as the blanket, every time response is foolish.
 
Do NOT lie.
Do NOT tell the truth.
Do NOT say a damn thing.
The 5th Amendment is your friend. They are not.

All they have to do is "mis-remember" what you said, and they have you on lying to a Fed LEO.
All you have to do is make a tiny mistake or even restate yourself, and they have you.

ATF: "What is your favorite color?"
YOU: "Blue. No yel-- Auuuuuuuugh!"
ATF: "Sir, you are under arrest."

Do NOT consent to a search or even talking to them inside your house. They are like vampires, once invited in you can't get them out. If they have a warrant, then you stand aside, but you do not consent.

Even if they have a warrant, they may ask for consent first, because you have fewer rights after you consent than you do under a search warrant.

If you have a silencer, full auto etc. I believe they have they right to inspect. Keep these items separately and NEVER allow them further access to your home.

YMMV. Consult an attorney, and have one on speed dial.

This advise is intended for entertainment purposes only.
 
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I've bought guns since 1979 and I own about 10 right now. Live in South Florida, have a CCW and am merely a collector/range shooter. I've never been visited by any LEO regarding my guns or even learned about anyone I know ever incurring that experience. Have things changed on this issue or was I just unaware that an LEO visit was a possibility all along for someone who buys a gun? If so, I guess that I must have missed that meeting. Out of touch, I guess. Or just lucky, depending on what's really going on.
 
#1 rule when dealing with the Feds. Get names, business cards are great for that and DO NOT LIE. ABOUT ANYTHING. Decline to answer if you want, tell them to come back with a warrant if you so insist. ANYTHING. BUT DO NOT LIE.
 
Whatever you do, DON'T LIE. Generally you have the right to refuse to answer their questions- which is fine and well if you choose to take that route. However, don't try to make a fib to the feds.

+1! that would be called "obstruction of justice", and while I am not a lawyer, I believe carries more liabilty than any trumped up weapons charge.

Be polite, ask for the warrant, and tell them you are happy to cooperate once they produce it. What you believe is legal and what they interpret as out of the oridnary may be completely different. Many have a lot of guns. Many people also stock a lot of ammo. All may be perfectly legal, purchased soley for personal use & enjoyment. However; opening such a mancave with all that hardware to anyone, feds or otherwise, could be a very uncomfortable feeling. It also might not be that difficult for a witchhunt to find a spare parts bin with a recently replaced sear (maybe because it finally wore down to the point of an occasional double), or any combination of items they view as potentially capable of producing a violating weapon. Maybe you picked up a pre-ban SKS & lawfully converted it to detachable mags, then sold it. You still have a few detachable 30 round mags, and a more recent post-ban SKS with the factory fixed mag. Could they make the case you planned to modify because of the existance of the 30 rounders? I don't know, but I would not volunteer finding out. Get the warrant & stay safe. If you are obeying the law you have no worries.
 
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Just to say it. You can confess, give evidence, and even be recorded without a miranda warning. Miranda only comes into play AFTER you have been arrested. If ATF comes to your house, and asks questions, everything you say, EVERYTHING is admissible in court.
 
"...atf does not make friendly visits and they will have a warrant, and they will enter and search..."

Uh... they often start out as "friendly." I suppose that you've never heard the phrase "knock and talk?"

Remember: Reasonable suspicion is a building block for probable cause.

I gotta' go with their past history. BATFE has the worst reputation among all Federal law enforcement, and if you've been paying attention lately, you'll know that their reputation is well earned.

How could Waco and Ruby Ridge have been forgotten so quickly?

http://www.thegangmovie.com/
 
One of those times might be when the agents come to your house and ask to see a specific, recently purchased gun or two.

No. Not at all. Not even a little tiny bit. There is no possible good that can come from consenting to this nonsense, they should not be doing it in the first place and they have no business asking to see your firearms. It's outlandish.

So it is entirely believable that ATFE agents or police officers would be there to return property.

That's hilarious. ATF going around giving people guns door-to-door.

Whatever you do, DON'T LIE.

Exactly. And more to the point, don't put yourself in a position where you need to! In other words, keep your mouth shut. The police can and often will lie to you. Unless you sit them down and swear them in they have very little obligation to tell suspects the truth. They can make up all kinds of stories, and they don't need to tell suspects what they're actually there for. It's perfectly legitimate and they do it all the time. But particularly when the federales are involved, YOU cannot lie to THEM--it's a crime in itself.

Is that fair? Not even a little bit. But thankfully you have this thing called the Bill of Rights on your side. Use it!

If the agents are there to recover stolen guns, what kind of jerk are you to refuse?

The kind of jerk who would really wonder why the FEDS are there instead of APD. There may be times when you know the officers and they're local boys when you can trust each other under certain parameters. (Though truth be told my local guys rarely try to pull this kind of nonsense--they operate with warrants and record all their interviews) But when FEDS are at your door asking for consent to search, the ONLY POSSIBLE SANE RESPONSE is to politely refuse and get counsel NOW. They're not friendly. They're not your friend. They're certainly not OUR friends. Their track record dealing with gun owners is a parade of horrors, as most people on this forum know. Now in some alternate universe it would have been great if they hadn't set out to wage war against us, but those bridges are burnt and if any gun owner trusts them now he has only himself to blame for what happens.

So it's best to get loose from it as quickly as possible.

That's another trick. They will imply that if the suspect cooperates he'll be free momentarily. Don't be stupid enough to fall for it!
 
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Suppose you see a car drive up on the sidewalk and kill some school children. The car drives off. You got the license number but when asked by the police for help you refuse, saying that you won't talk without a lawyer present! The killer gets away. Now don't you feel good about that?

That's not a search or seizure. We're talking about consenting to searches here, not giving the license plate of a felon to the cops. There's a MONUMENTAL difference.
 
they came to my house once, I had been living in a house for about a year before I started making any firearms purchases using that address, evidently the person that lived there before me was not allowed to have guns and they thought he was stilll living there so they came to check it out.
 
be cooperative. Always be cooperative. Be honest, be nice, don't lie, etc.

Just remember that being cooperative, nice, honest, etc. does NOT mean you have to answer all of their questions or let them in without a warrant. Or, hell, you don't have to do anything at all. Just answering the door, assuring them that everything is fine or deferring to legal council, and wishing them a nice day is enough.

Agent: "We have suspicion that there are stolen weapons on these premises."

You: "That odd. I'm the only one here. No stolen guns here that I personally know of."

Agent: "Do you own any guns, sir? Do you mind if we take a look just to clear things up and so we don't have to worry about coming back here?"

You: "Sir, I appreciate the concern, but you'd only be wasting your time."

Agent: "So you DO own guns? Let us in, please? Just real quick, so we can say that we check everything out and be on our way."

You: "Sir, I never did answer that question, and I do not feel comfortable answering it or any other questions. I also don't feel like letting you in right now. Maybe you could just give me your card and I'll get back to you on that when I'm more available."

or...

Agent: "Sir-"

you: "Warrant?"

Agent: "No sir. We-"

You: "I'm sorry to seem rude, but I'm in the middle of something right now. Have a good day. Maybe you can call me later and see if we could maybe talk about this when I'm more available."
 
What I am saying is that there are times when standing on those rights is stupid and likely to get you more difficulty. A search under a warrant, like a tax audit, is a very unpleasant and troublesome event and one to be avoided if it's practical.
But an uncontrolled, pretextual fishing expedition under circumstances you can't POSSIBLY know the truth of, much less control, is to be WELCOMED?

Allowing a warrantless search or talking to the police without counsel is like picking up hitchhikers. Not every hitchhiker is a serial killer... but SOME of them are.

Those cops at your door are under ZERO obligation to tell you the truth. They may be there for the reasons they state. On the other hand, they may be there for UTTERLY different reasons. If you can read minds and know why they're REALLY there, you shouldn't be wasting your time collecting guns. With that ability, you'd have enough money... and power to be collecting countries.
 
MG
I think that is one of the most intelligent points made yet. As potential targets from the federal gov. simpley due to gun ownership people need to have a plan for dealing with this situation beyond slamming the door in their face and getting your front door wrecked by a Hooligan bar.
My thought would be to have a family member make a call to the Co. Sheriff and ask for a deputy on some que that your home is being visited by a Fed. Police Agency.
Not all S.O.'s are going to stand up for locals but some will and at least you have a witness if somebody is tossing your house without cause.
I would think a lot of Sheriffs would be a little pissed about that happening to one of their constituants .
 
Have things changed on this issue or was I just unaware that an LEO visit was a possibility all along for someone who buys a gun? If so, I guess that I must have missed that meeting. Out of touch, I guess. Or just lucky, depending on what's really going on.

Yes, things have changed, especially on the border states.

What is happening with, apparently, some regularity is agents visiting folks who made multiple handgun purchases.

They claim to be making sure those multiple handgun purchases are not being moved over into Mexico.

It's being reported often enough by folks living in Texas that people are starting to ask what to do.

So far I've only heard of these visits being kicked off by the multiple handgun purchase form.
 
I had two AFT agents show up at my doorstep earlier this year. They flashed badges and asked if they could come in to ask me a few questions. I let them in and we went into the den and sat down. They then asked me to give them info about every firearm I had ever purchased. They wanted the when, where and how much for every gun I owned. When I got to my Cobra Patriot, they asked to see it. It was in my truck ,so we went outside and I retrieved it for them. They compared the serial # to a piece of paper they had and then finally explained what was going on. They said they had a partial serial number from a gun used in a crime and it partially matched my gun. When they saw it wasnt the gun used in the crime, they shook my hand and thanked me and left.
 
They then asked me to give them info about every firearm I had ever purchased. They wanted the when, where and how much for every gun I owned.

And that right there is the problem. They came in the door knowing they were looking for one specific gun, yet got you to come clean on all kinds of unrelated stuff.

With no warrant, and your cooperation, anything that came up in the conversation could have been used against you.

There was no upside for you in this situation at all.
 
I have held on to the receipts of every firearms purchase for seven years, and if it's sold before seven years then i write the name and phone # of the purchaser on the back of the receipt along with date of sale. I hold on to those for seven years after sale.
 
It's 100 percent in the context of the questioning.

I've only been asked about my guns by a LEO once. I'd earlier in the week made a stolen handgun report for insurance. I saw the officer and the Chief at the C-store on my way back from getting a replacement.

The officer asked if I'd replaced it, told him yep and asked if he wanted to see it. We spent the next half hour BSing guns and he later ended up buying a Browning HP like the one I got!
 
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