Call from ATF to check some of my guns

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  • Harrisracing

    Well-Known Member
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    25   0   0
    Jan 28, 2013
    795
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    Lafayette, LA
    I would label this as bad advice. Or incomplete at best. My suggestion would be to help them with the assistance of a lawyer. He has the complete picture. You do not so you do not know how what you might say will affect the big picture. And the police lie if they need to in order to get information. That's perfectly legal. It's not the norm that the feds want to check out a gun because they are bored. If there's something more to it, they'd better provide more than "hey, we're in town and wanted to catch up...btw, bring your guns so we can see them."

    Good advice. Now that I have re-read this, I agree that they have a reason to be calling the OP. They usually don't go willy-nilly to Academy and pull a random name to see who still has the firearm. A gun trace usually leads them from the manufacturer down the list of FFL's to the first transferee, but that usually means they have possession of the firearm already. In my case, they definitely had the firearm(s) confiscated from a previous place.
     

    escknx

    Member
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    0   0   0
    Apr 14, 2018
    13
    1
    Kenner LA
    They may knock on your door and ask if they can look at your firearms and write down model/serial number of all your firearms during the interview.
    You can say yes or no but they "May" return if your answer is no. Talk to a Good Attorney if you have any legal questions.
    What type of interview? I'm not doing any class 3 sot neither manufacturing any nfl items here to be interviewed.
    I could let him in any day, cause ATF won't be able to find cleaner and more law abiding guy than me.
    All I want is to not let them do anything over their jurisdiction and at the same time get my tax stamps in timely manner.
     

    themcfarland

    tactical hangover
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    58   0   0
    Dec 6, 2008
    4,653
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    Destrehan
    There can be nothing good from the ATF calling you.. They are not, will not ever be your friends.. It is their SOLE job to find bad guys, and to if needed, build cases of activity.. There IS nothing you are compelled to do, other than obey a warrant if personally served..
    I suggest, you change whatever behavior you might have been doing that from whatever perspective you need to take. looks bad. Something flagged you..
    I also suggest you consider having a lawyer number handy and have previously established an agreement and have a plan in place with a friend or family member to set in motion that lawyer if you were to be detained for anything.

    law enforcement may mislead, lie and even entrap you in the investigation.. There is never a point in which they are going to be doing you a favor.. PERIOD>

    good luck
     

    Gator 45/70

    Well-Known Member
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    31   0   0
    There can be nothing good from the ATF calling you.. They are not, will not ever be your friends.. It is their SOLE job to find bad guys, and to if needed, build cases of activity.. There IS nothing you are compelled to do, other than obey a warrant if personally served..
    I suggest, you change whatever behavior you might have been doing that from whatever perspective you need to take. looks bad. Something flagged you..
    I also suggest you consider having a lawyer number handy and have previously established an agreement and have a plan in place with a friend or family member to set in motion that lawyer if you were to be detained for anything.

    law enforcement may mislead, lie and even entrap you in the investigation.. There is never a point in which they are going to be doing you a favor.. PERIOD>

    good luck

    Thinking this dude's goose is cooked?
     

    noob

    enthusiast
    Silver Member
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    41   0   0
    Mar 18, 2008
    4,284
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    New Orleans
    Was at a shop with my brother in Dallas, a couple came in and asked if they had any AR lowers. They said yes, he said he would buy them ALL!!! Literally did 22 lowers under one guys name and another 20 or so on his wife's.

    Next time my brother went to the shop, the gun shop guys told him that that couple had a visit from the ATF. They knocked on his door to check if they guy still had them. They wanted to make sure he wasn't trying to be a "manufacturer" and sell them off after completing builds.
     

    Bangswitch

    Well-Known Member
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    1   0   0
    Jan 10, 2019
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    a location near you
    Was at a shop with my brother in Dallas, a couple came in and asked if they had any AR lowers. They said yes, he said he would buy them ALL!!! Literally did 22 lowers under one guys name and another 20 or so on his wife's.

    Next time my brother went to the shop, the gun shop guys told him that that couple had a visit from the ATF. They knocked on his door to check if they guy still had them. They wanted to make sure he wasn't trying to be a "manufacturer" and sell them off after completing builds.

    Stand by for some front porch lawyering:

    It’s not illegal to buy tons of guns or gun parts.

    Its not illegal to occasionally sell some stuff.

    Any time the ATF comes fishing like that, you should politely send them bending shoe leather.

    Answer as few questions as you can while being polite. There is no need to be a dick. But you don’t want to give them any information that would help them get a warrant. Just because you are a good guy and don’t break the law doesn’t mean they can’t make a mess of your life.

    Do not lie. I repeat do not lie. To be safe, never answer anything with an unequivocal yes or no. Unless you have no doubts even then, *to my knowledge* or *not to my knowledge* kind of answers are less dangerous.

    And most importantly call a lawyer and pay for real advice.
     

    thperez1972

    ESSAYONS
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    10   0   0
    Dec 28, 2015
    5,710
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    Baton Rouge, LA
    Was at a shop with my brother in Dallas, a couple came in and asked if they had any AR lowers. They said yes, he said he would buy them ALL!!! Literally did 22 lowers under one guys name and another 20 or so on his wife's.

    Next time my brother went to the shop, the gun shop guys told him that that couple had a visit from the ATF. They knocked on his door to check if they guy still had them. They wanted to make sure he wasn't trying to be a "manufacturer" and sell them off after completing builds.

    When a firearm is bought, the check is done and an approval code sent before the firearms are even listed on the form. That form is maintained in the store and, unless the store goes out of business, kept at the store. Is there a number of firearms bought at one time above which the purchase is to be reported to the feds? I didn't think there was. And if there wasn't what could have lead to the feds knowing about the number of firearms purchased?
     

    LACamper

    oldbie
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    4   0   0
    Jun 3, 2007
    8,629
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    Metairie, LA
    When a firearm is bought, the check is done and an approval code sent before the firearms are even listed on the form. That form is maintained in the store and, unless the store goes out of business, kept at the store. Is there a number of firearms bought at one time above which the purchase is to be reported to the feds? I didn't think there was. And if there wasn't what could have lead to the feds knowing about the number of firearms purchased?

    I'd bet an employee called it in....
     

    Nathan Hale

    Well-Known Member
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    0   0   0
    Apr 10, 2014
    336
    18
    Louisiana
    Do you have contact info for the individual who contacted you? If so, retain counsel, if you can afford it, and have your attorney contact him/her. If you don't know who contacted you, have your attorney contact the ATF anyway. Put them on notice that you have counsel; have him invoke your 4th and 5th amendment rights.

    If you don't or can't retain counsel, do not consent to a search and do not answer any questions.
    (As an aside, remember, it is a crime to lie to a federal agent. Even if you are innocent of any wrong doing and you tell the truth in response to a question, if you have answered a question, a case can possibly be made against you that you are lying. Even if you beat the rap, you won't beat the ride.)

    They either have probable cause or they don't. (Probable cause is needed for a warrant.) Invoking or exercising a right does not create probable cause; otherwise, it wouldn't be a right. If you consent, they are going to come in and search. If you don't consent and they have probable cause, they will leave, get a warrant, come back and come in and search. So you are really no worse off (except you won't know when they are coming and they may be a bit more brusque since you stood on your rights.) If you deny consent, and they don't have PC, they will leave and not come back unless and until they do. In the U.S.A. a person has no legal obligation to prove he is not breaking the law; the burden is on the govt to prove someone has broken the law. Refusing to prove you didn't break the law is not a crime.

    I am writing this assuming you do NOT have any tax stamped NFA items or a FFL of any type; if you do, you have already waived your 4th amendment rights and given consent to enter you premises. If so you are in a different position.

    If you have done anything illegal, you are NOT going to talk yourself out of an arrest.

    Good luck.
     

    Bigchillin83

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    94   0   1
    Feb 27, 2012
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    Livingston
    about 15 years ago my brother ran into a lot of money, long story short he bought every glock the made in pairs with consecutive serial numbers in 9,45... think there was 14 of them he bought at once... My buddy at jims told him they would contact him.. well about 3 days later the atf did contact him and ask if they could talk to him, he of course said sure, they came by the next day and didn't even ask to see them just asked what his intention's were with buying that many and if he still had them, He told me they were just making sure he wasn't buying and feeding the street market... He said 10mins and they was gone..
     

    Bangswitch

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    1   0   0
    Jan 10, 2019
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    a location near you
    about 15 years ago my brother ran into a lot of money, long story short he bought every glock the made in pairs with consecutive serial numbers in 9,45... think there was 14 of them he bought at once... My buddy at jims told him they would contact him.. well about 3 days later the atf did contact him and ask if they could talk to him, he of course said sure, they came by the next day and didn't even ask to see them just asked what his intention's were with buying that many and if he still had them, He told me they were just making sure he wasn't buying and feeding the street market... He said 10mins and they was gone..
    There was a gun writer who got a visit after some purchases. I’d quote the article but my memory ain’t what it should be. Same deal if memory serves me. I think there is a reporting requirement once you’ve exceeded some many ‘firearms’ at once. Similar to depositing more than 10k in a bank.
     
    Last edited:

    Gator 45/70

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    31   0   0
    There was a gun writer who got a visit after some purchases. I’d quote the article but my memory ain’t what it should be. Same deal if memory serves me. I think there is a reporting requirement once you’ve exceeded some many ‘firearms’ at once. Similar to depositing more than 10k in a bank.

    Not only the bank,Any legit business has to report you for the 10,000K cash if you put that much down and its not a check,Extra paperwork for them!
     

    JBP55

    La. CHP Instructor #409
    Premium Member
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    338   0   0
    Apr 15, 2008
    16,999
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    Walker
    I think there is a reporting requirement once you’ve exceeded some many ‘firearms’ at once. Similar to depositing more than 10k in a bank.

    Two firearms at once or two firearms in one week from your FFL. If the BATFE Agents come to talk to you they will know every Date, Time, Location of these transactions because they were reported on another form.
     

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