SABT 2 I Inspection & other Entries 09-03

Question 0

2 Explain what constitutes an FFL’s refusal to permit entry and inspection and the proper response of an ATF employee when refused the rights of entry and inspection.

Answer 0

1 In the course of a reasonable criminal inv of a person other than Licensee (S/A)
2 not more than once a 12 month period to ensure compliance with record keeping requirements, or at any time with respect to records to trace a FA involved in a Criminal Inv. (S/A)
3 determine the disposition of one or more specific FA in a Bona Fide criminal inv. (S/A)

• Force not permitted
• IOI does not have seizure authority agents do per 18 USC section 3051
• Agents can seize evidence in plain view
• Refusal to allow entry would support recommending revocation of license

Question 1

1 Id the provisions of Law that permit ATF employees to enter Federal FA licensee premises for official purposes

Answer 1

• 18USC 923g)(1)
• set forth the statutory authority for entry on to a Licensee premises
• Provides for reasonable cause warrant, annual inspections, entries to trace FA, and entries to conduct inv on persons other than licensee.

Question 2

3 Id what remedies are ava to an ATF employee who has been refused the right to enter and or inspect an FFL’s premises.

Answer 2

• Refusal can get an Magistrate inspection warrant(dont need P/C), not a criminal warrant
• If the FFL still refuse, can be charged with contempt of court and US Marshals will lock him up.

Question 3

4 ID the element of a legally sufficient consent to inspect or search an FFL’s premises and or seize inventory, record or other evdence

Answer 3

• Once a year
• Reasonable Criminal Inv or person (other than licensee)
• Trace FA related to criminal Inv
• Authority to enter during business hours to conduct inspection Authorized by Section 923(g)(1)(B)

Question 4

5 Id the proper methods of cooperations between Industry Operations and Criminal Enforcement as to FFL inspections and investigations

Answer 4

• SA in charge of the execution of Warrant
• Agents can bring IOI if searching a FFL, cant bring the press
• Relating to Annual insp Agents doing Crim Inv of Licensee may not ask IOI to conduct a compliance inspection of that licensee.
• Any such request inspection would not be compliance inspection auth by section 923(g)(1)(B) and evidence obtained could be suppressed as illegally obtained
• cannot use IOI to get PC for a SW but can to help u search a building

Question 5

Reasonable Clause Warrant

Answer 5

If we believe any violation of Gun control act (never use) chap 44 has occurred

Involved the sIssuance and Execution of reasonable cause warrants to search a Licensee premises when

Question 6

Licensee attempts to Delay Inspection

Answer 6

-Licensee may attempt to delay entry and inspection by
1 Challenging Agent or IOI Rights to enter
2 Asking to call the Licensee Attorney Prior to entry
-Reasonable request for delay may be honored but the law is on our side