Quoted: As far as I know the ATF does not have exclusive rights to search your premises just because you have NFA items.
I believe they still have to have some kind of basis before they go hassling citizens, could be mistaken, but as far as I was told, they could not just show up, it might be a good idea to help them or comply, but you can make them go get a warrant (I believe, I BELIEVE, I am capable of error, and I'd wait for a second opinion.) |
You're correct: NFA ownership has no bearing on your rights, including LE's right of access to your home.
But there are many circumstances under which LE can gain legal access to a home without a warrant, or get the info needed to get a warrant.
Examples: After a fire or burglary ... or, since you are in SC, the ever-popular post-hurricane check. Doesn't matter if you're home or not.
Then there is the "nosy neighbor" who sees you loading gun cases into your car and dials 911, "for the children," because in
her mind, even carrying a gun in a case is "brandishing a weapon."
We've had incidents here where paramedics responding to an ambulance call have noticed the contents of the house, reported it to LE and warrants were issued.
IMHO, the bottom line is that today, your rights against search-and-seizure are as compromised as the Second Amendment.
Now with Probable Cause, and given the tedious legal nature of NFA items if they were to get the impression that your NFA items were being handled and used by people not approved or allowed to handle them, that might be different. But again, without them having a picture, that's a pretty hard thing to prove, all they can do is probably question you, anyway.
Which brings up the question to me and I've pondered this before, but never voiced it, technically if you're the only person legally eligible to possess that firearm, is letting someone do mag dumps or fire an AOW or SBS at the range violation of Federal Law?
If your present, but someone other than yourself is handling it and they wanted to bust you, could they?
Thanks again. |
You can let
anyone* handle or shoot your NFA items
as long as you are present -- that way, they never leave your control, and thus remain in your possession. Just don't wander off to the clubhouse, or make a trip to the 7-Eleven, and leave your NFA toys on the line.
The
* is the exception that applies to all firearms, not just NFA: You cannot let
known convicted felons shoot, or even handle, a firearm. By law, they are not supposed to even
touch a firearm.
The "known" part is important because you are not required to do Brady checks before letting others handle or shoot your guns. On the other hand, if your loser brother-in-law just finished a five-year stretch at San Quentin, you should reasonably be aware of that fact, and deny him access to the firearms.
HTH.