What To Do If The ATF Knocks On Your Door?

 

In December, Federal Agents raided one of the largest manufacturers of ghost gun parts.

The raid targeted a Nevada based company called Polymer80.

The company allegedly had been illegally manufacturing and selling firearms.

They are accused of failing to pay taxes, and failing to conduct background checks.

The main focus of the Polymer80 raid is the company’s “Buy Build Shoot Kit.”

This is a kit of firearm parts needed to build a ghost gun.

The company sold the kit online.

The ghost guns sold by the company are also called 80% receivers because they are missing 20% of the parts to be a working firearm.

Unlike a gun purchased at a retail store, ghost guns are usually made by individuals for personal use. (I’ve made them myself and am a big fan of ghost guns.)

They don’t require a Firearms Transaction Record or a background check.

Yet, according to the ATF, the kit sold by Polymer80 meets the definition of a firearm.

They claim the gun needs to have a serial number and can’t be sold to customers who don’t pass a background check.

It is illegal for a prohibited person to own a firearm, whether it is an 80% build or bought from a licensed dealer.

Federal agents seized records and other evidence from the company’s office. But no employees were arrested during the raid.

While this may be one of the first raids of this type, it won’t be the last.

Homemade ghost guns have grown in popularity in recent years.

But our next President has made it clear he wants to take on gun control.

Biden wants to require sellers of gun kits to conduct background checks.

He is also planning to ban the manufacture of assault weapons, which is a made-up term.

As more companies like Polymer80 become the target of the ATF, gun owners will find their information in the hands of Federal Agents.

So, what should you do if the Feds show up at your home?

Here are the most common reasons the ATF could come knocking, and what I would do in that situation (I’m not a lawyer so I’m not providing legal advice here.)

Firearm Tracing.

One reason the ATF may be at your door is when they are tracing a firearm.

What I mean is, when you buy a firearm from an FFL it shows you are the owner of the serialized weapon.

But perhaps you sell the gun in a private party deal.

Then, if the gun shows up at a crime scene you may be the last known owner on record.

In this case, the ATF would want to know who you sold, or gave the weapon to.

This is a pretty routine thing for the ATF.

My point is, I would explain to the Agents that you sold the gun and provide a bill of sale if you have one.

As long as you didn’t do anything illegal the Agents will take the information and move along.

I have no problem with this scenario since you are helping the ATF stop a criminal.

Multiple purchases of firearms.

FFL’s dealers are required to report multiple sales of handguns to the same person.

Maybe you buy a gun for you and your wife. Or you recently came into some money and you want to buy the gun collection you’d always wanted.

There is nothing wrong with buying multiple handguns.

But, the sale of two or more handguns must be reported to the ATF if they occur within five business days of each other.

This is monitored to avoid weapons trafficking and for public safety.

So, if you want to stay off the radar of the ATF, don’t buy a bunch of guns at the same time.

Welfare Check.

Maybe you have an ex-spouse that is looking to cause you a headache.

Whatever the reason, law enforcement conducts welfare checks all the time.

If they come to your door remain calm. If you feel comfortable you can answer their questions.

As I said I’m not a lawyer, but here is what I would do in any of these situations.

Never consent.

If the ATF shows up with a warrant it’s not a good sign. You should stay quiet and not say a word until your lawyer is present.

But, never consent to a voluntary search or seizure. If they ask to look around tell them you don’t feel comfortable with that.

If they want to take possession or confiscate a weapon tell them no unless they have a warrant.

Be polite.

These Agents have a job to do.

If the guy at the gun store where you bought your gun screwed up the paperwork it could be an honest mistake.

Don’t fly off the handle, but don’t waive your rights.

Don’t sign anything.

An Agent may try to have you sign an ATF 3400.1 Form. This form is for Consent to Forfeiture or Destruction of Property and Waiver of Notice.

You do not want to sign this form under any circumstance. You would be giving away your rights to your property.

Never sign anything without consulting a lawyer.

The Polymer80 raid is the beginning of what our next President will be pushing.

Lawmakers are chipping away at gun rights every time they can.

Do your part and vote in elections for those who support the 2nd Amendment.

Also, while you can, still get ghost guns or a gun made before 1899 – since these guns are “off the books.”

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