Purchasing a Silencer- Your Rights are Still Protected
July 30, 2013
There’s a nasty little rumor which tends to make its way around when silencers are brought into the conversation. It’s unfortunate, but many people believe that upon owning a silencer, the ATF suddenly has unrestricted access to search their home.
This rumor is UNTRUE! At no point before, during, or after the purchase do you sign any form which forfeits your 4th amendment right. The 4th amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the things to be seized.
This quotation can be verified from the government archives at //www.archives.gov/exhibits/charters/bill_of_rights_transcript.html. To sum it up, just because you purchase a silencer, the ATF or other law enforcement agencies may not enter your home unless accompanied by a warrant signed by a judge and issued with a probable cause. That being said, they may enter if you have given them permission to do so.
Even still, we’ve heard arguments that the fine print on the back side of the Form 4- the form you fill out which states your name and address and contains the sheriff’s signature- states that the ATF now has permission to enter and search your home. The text on the back of the Form 4 reads as such:
(Click on the picture to enlarge it)
There are no statements regarding search and seizure. Your rights remain intact. Don’t let rumors keep you from buying a silencer. For more information or to place an order, give us a call today!