Broadcast Correction Re: Class III Weapon & Inspection
email us at: RadioFreeRedoubt@yahoo.com
… I knew it was coming, as soon as I listened to the broadcast =)
JJS,
I enjoy your show and just finished listening to the Episode 22 podcast. At one point early in the broadcast, you mention the legality of shotguns with barrels less than 18” and note the requirement of a $200 NFA tax stamp for possession. I understand it was just used as an example of an increasingly meddlesome government, but I want to correct a minor misconception of Class 3 firearms ownership. The ATF being able to usurp your Fourth Amendment rights and conduct “administrative inspections” is simply not true for private owners who have NFA items (SBSs, SBRs, suppressors, etc.) transferred to their possession on an ATF Form 4. For such a search, legally the ATF would need a warrant. I believe you may be confusing private owners with FFL dealers or SOT manufacturers (http://www.rmgo.org/bardwell-faq-on-nfa-weapons/nfa-weapons-and-the-4th-amendment) who are subject to inspections by ATF. This is a common misconception, and one that I used to also believe true. Like I said, I enjoy your show and wanted to provide constructive feedback to reinforce your credibility in future broadcasts. God Bless.
W. _______________________
W.,
You are absolutely correct! I misspoke. I have two friends who are class III dealers, and the unannounced “inspections” pertain to dealers. Not simply because someone one owns an NFA (National Firearms Act) weapon. Thanks for pointing that out. We gotta look out for each other, because as you keenly stated, it’s a credibility issue. Good stuff.
God Bless
JJS
email us at: RadioFreeRedoubt@yahoo.com
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