End the War on Freedom

James H. Jeffries, III at Gun Owners Foundation - good general advice for dealing with fedgoons, with special information relavant to Federal Firearms License (FFL) holders dealing with the BATFE.

BATF operates under the rationale of requiring you to comply with the law. I operate under the rationale of requiring BATF to comply with the law. I required this of BATF as a federal prosecutor for almost 30 years, and I require it as a private citizen and as a lawyer. You should require it as an FFL.

A non-licensee has no legal duty whatsoever to talk to or otherwise cooperate with a BATF agent (or any other governmental official). It is a sad commentary on our times and the state of our federal government (and especially BATF) that the appropriate legal advice from a defense lawyer to a non-licensee confronted by a federal or state law enforcement officer can be capsulized in a single sentence called RULE ONE: Silence is golden; or what part of "no" don't you understand? If you are an FFL, however, additional considerations come into play.

...

The Raid.

This is an event which means you are in deep, serious. It is the execution of a judicially-issued search and seizure warrant (and occasionally also an arrest warrant) by BATF special agents, frequently accompanied by agents of other federal or local agencies, on premises owned, occupied or inhabited by you.

When a raid team shows up at your premises and announces (usually by breaking down your door, sometimes by killing your dogs and throwing flash bang grenades at your women and children) that they have a federal search warrant, you must instantly do several things. You must first of all mentally assimilate the fact that they are law officers rather than a rampaging motorcycle gang (which they often resemble in both appearance and behavior). Having identified them as law rather than outlaw, you must freeze in place in a non-threatening posture and attempt to stabilize the situation until some of their law-enforcement adrenalin (the most dangerous drug on the street) has bled off. If only a search warrant is involved, you must then recover your wits sufficiently to do the following:

(A) Try to note and record the identities of as many participants as possible, by name, agency, badge number, and physical description.

(B) Ask for a copy of the warrant.

(C) Disable -- not unplug, disable -- your telephones and fax machines.

(D) Gather your family, children and pets and leave the premises.

(E) Call your lawyer.

You may be prevented from doing some or all of the above things by legally illiterate agents, but that will simply lay the foundation for your own day in court.

A federal search warrant authorizes only the search of a specified premises and only the seizure of specifically described items. Corollary to the execution of a warrant, the law permits the agents to make a forcible entry if that becomes necessary after knocking and announcing their identity and purpose, to control the premises, and to take reasonable precautions for their own safety -- such as a pat down for weapons of those persons present and assigning an agent to watch over and accompany anyone moving about on the premises. The law authorizes the agents to prevent the destruction of evidence or contraband and it protects them against being assaulted or interfered with. It is a serious federal crime to assault a federal officer or to obstruct execution of the warrant. Don't turn a possible later indictment into a sure one. Never assist the raiding party in locating the items described in the warrant. They have the right to search, but not the right to find. Do not open locked compartments, safes or rooms for them or provide them with keys or combinations. Do not talk to the raiding officers other than to request identification and a copy of the warrant. Resist the compulsion to show what a good guy you are; these are not your friends and they are not there to help you.

A search warrant does not authorize agents to arrest you or anyone else on the premises (although assaulting the agents or forcibly interfering with the execution of the warrant will justify a warrantless arrest) and it does not authorize them to handcuff you, restrict you to a particular place or prevent you from leaving.

You have a perfect right to leave the premises and should do so immediately. If you are physically prevented from leaving, you have just been falsely arrested in violation of the Fourth Amendment and will have your recovery later in court as well as taking some of the other retaliatory measures promised above. You must get yourself and your family out of the house for several reasons:

(A) to avoid the personal insult, humiliation, provocation and indignities which many agents seem to enjoy;

(B) to avoid a potential life-threatening situation; and

(C) to avoid creating evidence against yourself (RULE ONE). There is no useful purpose your remaining on the premises can serve; if the agents are going to plant evidence or destroy property, they will do it whether or not you are present.

You will need as much information about identities, badge numbers and descriptions as you can manage in the minutes before you leave. These will be useful later when you assert or defend your rights. But they are not a reason to delay leaving the premises promptly. You are legally entitled to a copy of the warrant, but do not remain on the premises if you are refused.

You should disable your telephones and fax machines before leaving in order to prevent the agents from illegally seizing evidence (calls and faxes) which might come in while they are on the premises. Such items did not exist when the warrant was signed and cannot possibly be covered by the warrant. Their seizure will probably therefore be illegal; but it is better to prevent such seizures from even happening. If you are physically prevented from disabling your own property, go somewhere else and place incoming calls to all your lines and keep the circuits open.

Now, call your lawyer.

Another possiblity, though a dangerous one, is to shoot, shovel, and shut up.

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