Class 3 Weapon Owners - Warrantless Searches

            There is a commonly held belief that the Bureau of Alcohol, Tobacco, and Firearms (BATF) can conduct warrantless searches of the homes of people who own weapons regulated by the National Firearms Act (NFA) or class 3 weapons.  This is a misconception that is likely confused with the BATF’s right to conduct certain warrantless searches of individuals that hold a Federal Firearms License (FFL). 

            The Fourth Amendment to the United States Constitution protects citizens from warrantless or unreasonable searches.  To search one’s home, the Fourth Amendment requires a state or federal official to obtain a judicially sanctioned search warrant that is supported by probable cause.  Obtaining an NFA regulated weapon does not result in an automatic surrender of one’s Fourth Amendment rights, and it does not provide the BATF with the right to search one’s home without a warrant.  However, upon request by a BATF agent, the owner of an NFA weapon is required to produce the registration paperwork that was used to obtain the weapon (e.g., Form 4).  See 26 U.S.C. § 5841(e) (2012).  The situation is different for someone who holds a Federal Firearms License.  Numerous restrictions and duties are imposed on FFL holders, including: the BATF’s right to examine the inventory and records of an FFL holder’s business or location where the NFA weapons are kept (even if that location is a home).  See 18 U.S.C. § 923(g) (2012).  For a more in-depth look at the laws regulating NFA firearms, one should read 26 U.S.C. Chapter 53.