Being the proponent of firearms rights that I am, you’ll normally catch me complaining about the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) and their ridiculous unchecked rules regarding firearms on a federal level. However, I’ll leave the 2nd Amendment arguments to rest for now while we wait for Parker vs. District of Columbia to be argued and decided.
So if we’re ignoring any 2nd Amendment issues, what other possible areas of The Constitution issues could the BATFE be violating? Believe it or not, they also violate the 4th Amendment. This of applies even with the assuming the Bureau is a legitimate agency in the first place.
The stunning thing with the situation is that the BATFE isn’t bypassing the 4th Amendment by means of no-knock warrants or agents using off handed tactics – they outright think they can outright enter an establishment who has a Federal Firearms License because of their rules.
Here’s the excerpt in question. If you wish to verify, it’s 27CFR478.23 paragraph (b):
Any ATF officer, without having reasonable cause to believe a
violation of the Act has occurred or that evidence of the violation may
be found and without demonstrating such cause before a Federal
magistrate or obtaining from the magistrate a warrant authorizing entry,
may enter during business hours the premises, including places of
storage, of any licensed manufacturer, licensed importer, or licensed
dealer for the purpose of inspecting or examining the records,
documents, ammunition and firearms referred to in paragraph (a) of this
section:
(1) In the course of a reasonable inquiry during the course of a
criminal investigation of a person or persons other than the licensee,
(2) For insuring compliance with the recordkeeping requirements of
this part:
(i) Not more than once during any 12-month period, or
(ii) At any time with respect to records relating to a firearm
involved in a criminal investigation that is traced to the licensee, or
(3) When such inspection or examination may be required for
determining the disposition of one or more particular firearms in the
course of a bona fide criminal investigation.
Excuse me? I’m not sure where the BATFE can get off telling me that they don’t have to abide by the 4th Amendment. Can someone tell me why this hasn’t been challenged yet? You can’t get any more blatant than the above.