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Really? What precludes the BATF from doing what they did?
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I guess you don't distinguish between the words "shouldn't" and "can't." I chose "shouldn't" carefully, because it's my opinion. The BATF has, unfortunately, very wide-ranging investigative authority, and my belief is that their investigative activities should be confined to actual crimes, not to imaginary ones such as the one I cited. What they did is no different in a substantive sense from the cop who pulls over a black driver for driving a flashy car through the "wrong" neighborhood.