Thread: C&R audit?
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Old December 30, 2011, 11:23 AM   #13
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 1,524
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firewrench044 ...so when he appied for his C&R the computor flagged him, and he was audited when they could get to it (low priority )( 8 months after he received his C&R )...
I would bet the "flag"(whatever that means) and the audit are two distinctly different unrelated events. ATF doesn't give you eight months notice of a compliance inspection.

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he had to produce all C&R guns and paper work had to be in order...
There is no requirement for an 03FFL to even let ATF in the front door. ATF regs clearly allow for the C&R licensee to bring his bound book only to the local ATF office for the compliance inspection.

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amx4080 ...When folks I'm talking to ask about the C&R, most are really worried that if you have a C&R you'd be the first to have your guns confiscated if it ever really comes to that. My answer is to stop being paranoid, because if it ever really comes to that, we've all got much bigger problems to deal with.
This.


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'courte
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Note that since a C&R holder is assumed to carry on his collecting activity from his house, not a public place of business, any search will require a warrant.
Is there a ruling that allows them to do that? I've always wondered if there was ever a fight over what constitutes reasonable search for a regulatory agency.
When you apply for any Federal Firearms License you agree in your application that you will allow ATF to conduct inspections or audits to insure compliance with Federal law. C&R licensees differ in that they can do they audit at the ATF office. All other FFL compliance inspections are done only at the licensed premises.

A search warrant is needed if ATF has cause to believe a crime has been committed and can convince a judge of that. Whether the collecting activity occurs at the licensees home or a place of business has no bearing on the search warrant.....ATF will get a search warrant to cover every location where they suspect criminal activity has occured.

A compliance inspection or audit is NOT a search of the licensees sock drawer. For a C&R all they can require you to show them is your bound book. If you get snooty with them and they discover ANY errors...remember that ATF considers ANY and ALL errors or ommissions as "willful" violations. whether the IOI will write up your mistakes as a violation is his choice.

At my last compliance inspection the IOI took great interest in those persons who acquired multiple firearms on the same day....didn't matter if they had a C&R or not. Since he cannot take the actual 4473's i had to make copies of those transactions.

So to those C&R's who think they fly under the ATF radar when they buy a dozen Mosin Nagants in one transaction, keep only the nicest one and sell the rest......ATF knows and keeps records. (so be careful that you don't run the risk of dealing with out an 01FFL)
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