<\/p>\n\n\n\n
<\/div><\/div><\/div><\/div><\/div><\/div><\/div>View this post on Instagram<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/a>A post shared by Anthony Cabassa (@informedwithanthony)<\/a><\/p><\/div><\/blockquote> \n\n\n\n
<\/p>\n\n\n\n
By Lee Williams<\/a><\/strong><\/p>\n\n\n\n
The homeowner was alerted there were trespassers on his property by motion detectors outside his front door. A live video feed from his doorbell camera showed three armed men wearing tactical vests, t-shirts and jeans. Two appeared to be ATF agents. The third was a Delaware State Police trooper. None wore body cameras.<\/p>\n\n\n\n
The homeowner, who did not want his name used in this story, is a small businessman \u2013 a law-abiding citizen who even ATF acknowledged had done nothing wrong. He went to his front door hesitantly. He left his doorbell camera running to record the encounter.<\/p>\n\n\n\n
The homeowner confronted the three men before they reached the door. \u201cCan I help you?\u201d he asked, stepping onto the porch.<\/p>\n\n\n\n
The older ATF agent told him they were assigned to a task force investigating straw purchases. A straw purchase \u2013 a federal felony \u2013 occurs when someone buys a firearm on behalf of another person, who is unable to legally purchase a firearm themselves.<\/p>\n\n\n\n
The agent said they were verifying that people who bought multiple firearms still had the guns in their possession. The homeowner had bought seven firearms since January 2022.<\/p>\n\n\n\n
He asked the men for identification, which the agents and trooper produced. They admitted they did not have a search warrant. The doorbell camera recorded what happened next.<\/p>\n\n\n\n
Agent 1 \u2013 \u201cAll I\u2019m doing is verifying that you have it, you got two different purchases. If you have them, I\u2019m out of here. That\u2019s how quick it is. Yeah. Do you have them with you by any chance?\u201d<\/p>\n\n\n\n
Homeowner \u2013 \u201cThey\u2019re in my safe.\u201d<\/p>\n\n\n\n
Agent 1 \u2013 \u201cIf you can unload them and bring them out. We can go out to your foyer here, check them out, write the serial numbers and we\u2019re out of here.\u201d<\/p>\n\n\n\n
Homeowner \u2013 \u201cThat\u2019s it?\u201d<\/p>\n\n\n\n
Agent 1 \u2013 \u201cYep.\u201d<\/p>\n\n\n\n
Agent 2 \u2013 \u201cThat\u2019s it. It will take five seconds.\u201d<\/p>\n\n\n\n
Trooper \u2013 \u201cThe reason we\u2019re out here is obviously gun violence is at an uptick. We want to make sure \u2013 we\u2019ve been having a lot of issues with straw purchases. One of the things, indicators we get is someone making a large gun purchase, and then a lot of times we\u2019ve been there and \u2018Oh, those guns got taken.\u2019\u201d<\/p>\n\n\n\n
Agent 1 \u2013 \u201cThe idea is that when you purchase more than two guns at a time it generates a multiple sales report and it comes to us and we have to check them out. That\u2019s all that is. You did nothing wrong \u2013 absolutely zero. I noticed you were stopped in Philly though with one of your guns?\u201d<\/p>\n\n\n\n
Trooper \u2013 \u201cWe\u2019ll wait if you feel more comfortable.\u201d<\/p>\n\n\n\n
Homeowner \u2013 \u201cI\u2019m okay. I just \u2013 I didn\u2019t expect\u2026\u201d<\/p>\n\n\n\n
Agent 1 \u2013 \u201cOh no. It just came up. We came here, look, I\u2019m telling you. There\u2019s an email from the federal side saying can you make sure this guy\u2019s got his guns. If you recently purchased a whole bunch of guns, if we can look at them and just scratch them off\u2026\u201d<\/p>\n\n\n\n
Homeowner \u2013 \u201cI have them all.\u201d<\/p>\n\n\n\n
Agent 2 \u2013 \u201cWe can look at them and write which ones you just bought, so we can save a trip from coming back. We\u2019ll confirm that you have them.\u201d<\/p>\n\n\n\n
The homeowner agreed to get the firearms, closed the front door while the agents remained on the front porch, unaware they were being recorded.<\/p>\n\n\n\n
Trooper \u2013 \u201cHe doesn\u2019t believe we\u2019re cops.\u201d<\/p>\n\n\n\n
Agent 1 \u2013 \u201cI don\u2019t blame him.\u201d<\/p>\n\n\n\n
The homeowner retrieved one rifle. The agent checked the serial number off of his list. The homeowner asked if he still needed to retrieve the rest of the firearms. The agents said it wasn\u2019t necessary to see any more. They apologized for the inconvenience, wished the homeowner a good night and left.<\/p>\n\n\n\n
Invasion of privacy<\/strong><\/p>\n\n\n\n
Looking back, the homeowner believes he was coerced into giving his consent for what was legally a search of his property, even though no enforcement action was taken against him.<\/p>\n\n\n\n
Since the ATF agents did not have a search warrant \u2013 they lacked probable cause to obtain one \u2013 they had to rely upon extracting consent from the homeowner.<\/p>\n\n\n\n
When the courts consider consent, they look at its voluntariness \u2013 whether consent was freely given or coerced. They also consider whether the defendant knew he had a right to refuse. Other factors like the time of day and the officers\u2019 demeanor and uniforms can also be considered by the court.<\/p>\n\n\n\n
They pushed hard. They were clearly in a hurry, and the threat they might have to return was menacing.<\/p>\n\n\n\n
\u201cI was embarrassed,\u201d the homeowner said. \u201cMy neighbors saw the whole thing \u2013 guys in these police vests standing in my yard. I was really uncomfortable. I felt really confused, like I was in some way being accused of something even though I didn\u2019t commit a crime. It was quite embarrassing. I knew they couldn\u2019t come in, but I didn\u2019t know what to do. I didn\u2019t want to get put on some watch list. We just got new gun laws here.<\/a> I didn\u2019t want them coming back again. I felt like they were invading my privacy.\u201d<\/p>\n\n\n\n
No comment<\/strong><\/p>\n\n\n\n
The Resident Agent in Charge of ATF\u2019s Wilmington, Delaware field office did not return calls seeking comment for this story.<\/p>\n\n\n\n
Similarly, public information officers at both ATF\u2019s Baltimore Field Division and Washington D.C. headquarters did not return calls or emails seeking comment. This lack of accountability is certainly nothing new for the ATF<\/a>.<\/p>\n\n\n\n
Delaware State Police was also unwilling to discuss this investigation.<\/p>\n\n\n\n
Neither Delaware State Police PIO supervisor Sgt. India Sturgis nor Superintendent Col. Melissa Zebley were willing to be interviewed for this story.<\/p>\n\n\n\n
Delaware State Police Superintendent Col. Melissa Zebley. (Photo courtesy DSP).<\/strong><\/p>\n\n\n\n
\u201cIt sounds like your questions would be more appropriately suited for ATF. Please contact them with questions that you have about straw purchases of firearms,\u201d Sgt. Sturgis said in an email.<\/p>\n\n\n\n
The only insight into ATF\u2019s surprise home inspections was in a Washington Post story published July 22, 2021<\/a>, in which Attorney General Merrick Garland announced that the Biden-Harris administration was targeting straw purchasers.<\/p>\n\n\n\n
SEE ALSO: Suppressor Myth #2 \u2013 Owning a Silencer Allows the Government to Search Your House<\/a><\/h2>\n\n\n\n
\u201cGoing forward, officials said, U.S. attorney\u2019s offices and ATF agents will seek to prosecute more straw purchases \u2014 focusing not only on major cities, but also the neighboring towns and states that supply many of the guns used in crimes, including along the Interstate 95 corridor and in Indiana, Nevada and Arizona,\u201d the story states.<\/p>\n\n\n\n
Delaware is part of the I-95 corridor. The interstate bisects the state\u2019s most populous county.<\/p>\n\n\n\n
Takeaways<\/strong><\/p>\n\n\n\n
Delaware State Police have a proven lack of respect for the Second Amendment. They were once caught maintaining a secret list of gun owners<\/a>, even though state law required them to destroy firearm records after 60 days. They used the list to illegally thwart at least one firearm purchase. Pairing one of their troopers with the ATF was bound to produce a host of constitutional violations. It was only a matter of time.<\/p>\n\n\n\n
These types of warrantless investigations are known as \u201cknock and talks.\u201d They\u2019re usually a tool reserved for narcotics detectives and they\u2019ve always been constitutionally suspect. Police rely upon verbal skills and their powers of persuasion to convince a homeowner to waive their Fourth Amendment rights and let them in. Unlike this case, there\u2019s usually no record of what the cops told the homeowner in order to gain access to the home.<\/p>\n\n\n\n
To be clear, if the ATF agents had probable cause to believe this homeowner was actually a straw purchaser, they could have petitioned the court for a search warrant. They didn\u2019t have a shred of probable cause in this case. In fact, all they had was an internal email stating \u201cmake sure this guy\u2019s got his guns.\u201d <\/p>\n\n\n\n
This homeowner lives in an upscale, affluent neighborhood \u2013 a factor that certainly played a role in the agents\u2019 plans. They were counting on the homeowner to let them in quickly, rather than risk a neighbor seeing three LEOs in tactical vests milling around in his front yard.<\/p>\n\n\n\n
The fact that neither the ATF nor the Delaware State Police were willing to answer questions, much less defend the actions of their officers, speaks volumes, too. Both agencies mistakenly believe that if they ignore difficult questions they\u2019ll go away.<\/p>\n\n\n\n
Best practices<\/strong><\/p>\n\n\n\n
The best person to stop a straw purchase is a well-trained gun dealer. John Clark of FFL Consultants<\/a> has trained hundreds of gun dealers.<\/p>\n\n\n\n
Clark and business partner John Bocker crisscross the country to help dealers fight back against Biden\u2019s war on guns. Their mantra is: \u201cGet it right the first time.\u201d<\/p>\n\n\n\n
\u201cStraw purchases are something we teach all of our FFLs to monitor for,\u201d Clark said. \u201cIf someone wants to buy seven Hi-Point handguns, they should ask why someone wants seven of the cheapest handguns they sell.\u201d<\/p>\n\n\n\n
\u201cThe Golden Rule is this \u2013 buy a gun and keep it for at least a year. That will keep you out of the sights of the ATF and law enforcement,\u201d he said. \u201cIf you\u2019re buying and selling on the side, you should get licensed.\u201d<\/p>\n\n\n\n
Clark was asked about this case \u2013 two federal agents and a state trooper wearing tactical vests.<\/p>\n\n\n\n
\u201cThey could have been a little bit more inconspicuous,\u201d he said. \u201cBut that\u2019s the feds.\u201d<\/p>\n\n\n\n
Did you like this story? It comes courtesy of the Second Amendment Foundation\u2019s Investigative Journalism Project. Thank them today with a tax-deductible donation<\/a>! <\/em><\/strong><\/p>\n\n\n\n
***Buy and Sell on GunsAmerica!<\/a>***<\/h2>\n","protected":false},"excerpt":{"rendered":"
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