Here in the U.S. our Constitution prohibits the government from performing searches of people’s homes with first having probable cause to believe that a crime has been committed and a warrant to search their home that has been signed by a judge. Const. Amend. IV.
As part of getting an FFL, you effectively waive that right; the ATFE can drop by the address on the license, unscheduled, for inspection, and if you don’t let them in, your FFL we be immediately rescinded, and nearly any judge will approve a search warrant for that location over the phone in minutes.
We could do the same for individual owners, just like dealers, and there would be supporting precedent. (But, it would certainly be subject to judicial (including SCOTUS) review.)
That kind of regulation wouldn’t even survive a 9th Circuit en banc. Existing law governing industry is not “supporting precedent” to force private citizens to waive one right just to enjoy another in their own home.
Here in the U.S. our Constitution prohibits the government from performing searches of people’s homes with first having probable cause to believe that a crime has been committed and a warrant to search their home that has been signed by a judge. Const. Amend. IV.
As part of getting an FFL, you effectively waive that right; the ATFE can drop by the address on the license, unscheduled, for inspection, and if you don’t let them in, your FFL we be immediately rescinded, and nearly any judge will approve a search warrant for that location over the phone in minutes.
We could do the same for individual owners, just like dealers, and there would be supporting precedent. (But, it would certainly be subject to judicial (including SCOTUS) review.)
That kind of regulation wouldn’t even survive a 9th Circuit en banc. Existing law governing industry is not “supporting precedent” to force private citizens to waive one right just to enjoy another in their own home.