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hi I'm attorney Joshua Prince chief counsel at the firearms industry consulting group a division of Prince Law Offices PC today I want to discuss ATF compliance inspections too many Federal Firearms licensees it's that dreaded day when ATF shows up to conduct what's called a compliance inspection but it doesn't need to be that way while this video is not intended to be a comprehensive review of everything that you should know or anticipate during a compliance inspection it is designed to notify you of a couple key issues that we're seeing throughout the United States in relation to compliance inspections first it's important to understand the purpose of a compliance inspection the purpose simply put is to ensure you're the licensees compliance with federal law and regulation it's also important to understand the limitations on a compliance inspection and when ATF is permitted to conduct a compliance inspection under the law ATF may conduct a compliance inspection once a year during your stated business hours without a warrant while it's questionable whether such as constitutional the US Supreme Court previously held that the law permitting ATF to search your records absent a warrant was constitutional the reason I say it's questionable is that the court relied heavily upon ATF's practices and procedures at the time which are no longer applicable therefore it draws into question as to whether the court would so rule in that fashion today if a proper challenge was brought also that challenge was a facial challenge and not an as-applied challenge therefore I tell all my clients that you should never consent to any compliance inspection or any other search of your records absent a warrant now it's important to understand what records ATF is permitted to review ATF is only permitted to ensure your compliance with federal law and regulation therefore if your state additionally requires you to maintain forms or their forms of record you are not required to disclose those to ATF and my advice would be that you not disclose those records ATF can only ensure your compliance with federal law and regulation in that vein that means records that generally you will have to disclose or your acquisition and disposition records any executed four four seven threes and multiple handgun sale forms while there are a couple other federal forms that a licensee would have to disclose because they're not as applicable across the United States and are more limited we'll do a separate video reviewing those different records and how to properly maintain them also it's important to understand that all your records must be maintained on your premises you can never remove your records from your premises unless you have a court order directing you to do so in that vein if in Iowa or an industry operations inspector ever asks you for original copies of four for seven threes or your acquisition and disposition record you should respectfully decline if they require a copy of a particular 4473 you should simply provide them a copy not the original only if you're provided a court records should you ever disclose or excuse me a court order should you ever disclose an original copy of a four four seventy three or any other federal record that you're required to maintain another issue that we unfortunately see every once in a while is the what I've termed the problematic Iowa every once in a while you will see an industry operations inspector who prior to even meeting the licensee will come into that compliance inspection believing that that licensee has already violated the law it's unfortunate there are some industry operations inspectors that as soon as they get a badge they get a chip on their shoulder it's important to understand that you should always consult with counsel if you do have a situation where have a problematic industry operations inspector it's also important to understand what you must provide and what the law says you must provide ATF access to or simply those federal forms that you are required to maintain you are not required to provide ATF with electricity fax machines email photo copiers or anything beyond the scope of simply those records that you're required to maintain under federal law and regulation again if you do have a situation with a problematic Iowa always discuss such with counsel immediately so that it can be rectified in a quick fashion I hope that you've enjoyed this video we would greatly appreciate any comments if you'd place them below also if you like this video please subscribe to our station as we'll be producing more videos to provide Federal Firearms licensees with the information that they need to ensure their compliance under federal law and regulation Thanks