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« Self defense against terrorist attack | Main | DC handgun ban stricken by DC Circuit »

Calif court supresses result of search based on NFA inspection

Posted by David Hardy · 8 March 2007 07:03 PM

Story here. Sounds as if the ATF inspectors checked his title II inventory, noticed he had non-NFA guns banned under the CA ban on "assault weapons," and alerted State authorities.

The court noted that there are statutory immunities regarding NFA information (put in place to prevent an argument that the amended NFA requires self-incrimination, as the Supremes had held the original NFA did require), and that (I think, the article is unclear) that includes information uncovered during inspection of an NFA dealer's inventory and records.

· National Firearms Act

Comments

No criminal conviction, but I wonder if he got the 500 guns back.

Posted by: Keith R at March 9, 2007 07:53 AM

The "assault" weapons are still contraband.

If he now admits they are his, they may be usable as evidence again.

I would suggest moving out of state, and then suing for return of the NFA inventory.

Posted by: Kristopher at March 9, 2007 03:20 PM

"Assault" weapons owned (and presumably registered) in CA before a certain date are grandfathered.

Posted by: Ninth Stage at March 9, 2007 08:27 PM

Ninth Stage, I bought an SKS in Ca. that they now want surrendered and it isn't an assault weapon. Fortunately I didn't live there when I bought it and I don't live there now. Nor will I ever.

I was born there and escaped. I now live in America.

Posted by: straightarrow at March 12, 2007 11:23 PM

The ATF agent who violated federal law (that was the wording used in the linked article anyway) needs to be put in jail.

Posted by: Mark at March 16, 2007 09:31 AM

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