ATF Inspections & Licensee Premises

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Questions and Answers

What is the primary statute that allows ATF to enter onto Federal firearms licensees' premises?

18 U.S.C. Section 923(g)(1) (correct)

Title 18 U.S.C. Section 922(g)(1)

Title 18 U.S.C. Section 924(g)(1)

18 U.S.C. Section 923(g)(2)

What is the purpose of ATF's right of entry and inspection authority over a Federal firearms licensee's premises?

To provide general understanding and oversight of FFL premises (correct)

To revoke licenses without notice

To conduct background checks on licensees

To seize inventory and records without a warrant

Who owns the records maintained by Federal firearms licensees, such as A&D and 4473?

The Federal Government

The Industry Operations

The ATF

The Licensee (correct)

Under what circumstances can ATF examine records without a warrant?

For specific purposes under 18 U.S.C.§ 923(g)(1)(B) Signup and view all the answers

When should a search warrant be sought for FFL premises?

When there is reasonable cause Signup and view all the answers

What is the proper response of an ATF employee when refused the right of entry and inspection?

To leave the premises and seek a search warrant Signup and view all the answers

What constitutes legally sufficient consent to inspect or search an FFL's premises?

A written consent form signed by the licensee Signup and view all the answers

What is the purpose of the cooperation between Industry Operations and Criminal Enforcement as to FFL inspections and investigations?

To share intelligence and resources Signup and view all the answers

According to Section 923(g)(1)(A), who can obtain a warrant from a U.S. magistrate judge?

A special agent or Industry Operations Investigator Signup and view all the answers

Under what condition can ATF employees enter a licensee's premises to speak to an FFL?

With the consent of an authorized person Signup and view all the answers

What is the standard of evidence required for a reasonable cause warrant?

Reasonable cause Signup and view all the answers

What is an advantage of consent searches?

It saves time and effort Signup and view all the answers

What is a disadvantage of consent searches?

The Government has the burden of proving the legality of the search Signup and view all the answers

What is the purpose of a reasonable cause warrant?

To inspect and examine records and documents Signup and view all the answers

What is recommended when obtaining consent?

Written consent is recommended Signup and view all the answers

Who must approve the application for a reasonable cause warrant?

The Assistant United States Attorney Signup and view all the answers

What should be included in the affidavit for a reasonable cause warrant?

All known facts, including hearsay and information from credible sources Signup and view all the answers

What is the purpose of the 'One Bureau' concept?

To work together to a greater degree Signup and view all the answers

What is the consequence of a licensee refusing to permit entry and inspection with a reasonable cause warrant?

Referral to the U.S. Attorney's Office for further enforcement action Signup and view all the answers

When can Industry Operations Investigators assist Criminal Enforcement?

During compliance inspections Signup and view all the answers

What should agents or Industry Operations Investigators do if they are in doubt about an inspection?

Seek guidance from ATF Division Counsel Signup and view all the answers

What is included in the definition of 'places of storage'?

Places within the licensed premises, such as gun safes and cabinets, and storage places off-site Signup and view all the answers

When is a search warrant required?

When the purpose is to seize items Signup and view all the answers

Under what circumstances can entry and inspection be made without a reasonable cause warrant?

In the course of a reasonable criminal investigation of a person other than the licensee Signup and view all the answers

Who should review the application and affidavit for a reasonable cause warrant?

ATF counsel and the Assistant United States Attorney Signup and view all the answers

What is a consequence of refusing consent?

The subject obtains an advantage Signup and view all the answers

What is the role of the Assistant United States Attorney in the process of obtaining a reasonable cause warrant?

To approve the application for the warrant Signup and view all the answers

What is a requirement for consent?

It must be voluntary Signup and view all the answers

How often can a licensee's premises be inspected for compliance with the record keeping requirements of the GCA?

Once during a 12-month period Signup and view all the answers

What is required for an Industry Operations Investigator to enter a licensee's premises?

The condition stated in the statute Signup and view all the answers

What is the consequence of a licensee refusing to permit entry and inspection?

Revocation of the license Signup and view all the answers

Who may seek a Rule 41 search warrant?

Special agents Signup and view all the answers

What is the underlying basis for a Rule 41 search warrant?

Probable cause to believe a crime has been committed Signup and view all the answers

Can a Rule 41 search warrant include evidence beyond records and firearms?

Yes, it can include computers and other relevant documents Signup and view all the answers

Who is in charge of the execution of a Rule 41 search warrant?

Criminal Enforcement personnel Signup and view all the answers

What is the role of Industry Operations Investigators in the execution of a Rule 41 search warrant?

They may assist the execution of the warrant, but should not enter until the premises have been secured Signup and view all the answers

What is the procedure for demanding entry and inspection?

The special agent or Industry Operations Investigator should identify themselves, state their purpose, and demand immediate, unconditional entry Signup and view all the answers

What should be done if a licensee refuses to permit entry and inspection?

The special agent or Industry Operations Investigator should refer the refusal to their supervisor and ATF counsel for consideration of obtaining an administrative or criminal search warrant Signup and view all the answers

Study Notes

Inspections and Other Entries of Licensee Premises

The purpose of this lesson is to provide trainees a general understanding of ATF's right of entry and inspection authority over a Federal firearms licensee's premises.

Authority for Inspections

Title 18 U.S.C. Section 923(g)(1) is the primary statute allowing for entry onto Federal firearms licensees' (FFL) premises.
ATF has a right to examine records maintained by licensees with a reasonable cause warrant, without a warrant for specific purposes, or with a criminal search warrant.

Reasonable Cause Warrants

18 U.S.C. § 923(g)(1)(A) allows for the issuance and execution of reasonable cause warrants.
A warrant may be obtained from a U.S. magistrate judge when there is reasonable cause to believe a violation of Chapter 44 has occurred, and evidence thereof may be found on the licensee's premises.
Reasonable cause is a lesser standard of evidence than probable cause, but the exact definition is unclear.

Application for a Reasonable Cause Warrant

An affidavit must be prepared by a special agent or Industry Operations Investigator, approved by an Assistant United States Attorney (AUSA), and sworn to before a U.S. magistrate.
The affidavit should set forth the authority to inspect, authority to obtain a warrant where the right of inspection is denied, and the facts relating to the denial in the present case.

Refusal of Entry and Inspection

Refusal to permit entry and inspection when ATF has obtained a reasonable cause warrant can be the basis for further enforcement action.
If a licensee refuses to allow entry with a reasonable cause warrant, the matter should be referred to the U.S. Attorney's Office for a Rule 41 search warrant if probable cause can be established.

Section 923(g)(1)(B) Entries

This section provides for entry and inspection and examination of inventory and records without reasonable cause or warrant under three circumstances:
- In the course of a reasonable criminal investigation of a person other than the licensee.
- For ensuring compliance with the record-keeping requirements of the GCA once during a 12-month period.
- 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.

Principles Common to All 923(g) Entries

Forcible entry is not permitted to effect these entries.
None of these entries expressly authorizes an Industry Operations Investigator to make an unconsented seizure of documents or property.

Criminal Search Warrants

Governed by Rule 41, F.R.Cr.P.
Only special agents may seek Rule 41 search warrants.
The underlying basis for the Rule 41 warrant is probable cause to believe that a crime has been committed, and there is evidence, fruits, or instrumentality of a crime on the premises to be searched.

ATF employees may enter a licensee's premises to speak to an FFL, inspect, examine, or search documents, records, or items with the consent of an authorized person.
Advantages to consent searches include not needing probable cause, less time and effort, and a less confrontational approach.
Disadvantages include the burden of proving the legality of the search and tipping off the subject.

Cooperation between Criminal Enforcement and Industry Operations

Agents and Industry Operations Investigators will work together to a greater degree than previously.
Referrals between CE and IO should continue, and each may act upon information furnished by the other.
If in doubt, ATF Division Counsel should be consulted.

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Description

Learn about the ATF's right of entry and inspection authority over a Federal firearms licensee's premises. Identify when ATF may enter a licensee's premises to conduct an inspection.