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Old June 8, 2011, 09:55 AM   #7
The Law
Join Date: February 20, 2007
Location: Las Vegas, NV
Posts: 73
I'm an FFL and the statements above are nonsense. Where on earth do you guys get this stuff?

An ATF compliance inspection is not a search and is limited to the licensees bound book, 4473's, Multiple Sale of Handgun reports and his firearm inventory. It IS NOT a search but an inspection. The IOI cannot go and search your sock drawer, your doghouse or your daughters closet. They sit down at your dining table and compare the bound book vs 4473's vs your inventory. That's it.

If you ARE served with a search warrant it is because probable cause was presented to a judge who signed for it.
I think we are in agreement regarding the inspection.

However, 18 USC Section 923(g)(1)(A) states, in pertinent part:

The Attorney General, when he has reasonable cause to believe a violation of this chapter has occurred and that evidence thereof may be found on such premises, may, upon demonstrating such cause before a Federal magistrate judge and securing from such magistrate judge a warrant authorizing entry...
You will note that the standard is NOT "probable cause" but rather "reasonable cause." This was a by-product of FOPA. Hence, the warrant standard for an FFL is in fact marginally relaxed.
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