Law Enforcement agents from the ATF and Delaware State Police showed up in tactical gear on a supposedly “routine visit” wishing to “verify” a homeowner’s weapons purchases. The agents did not have a warrant, and the homeowner was not a suspect to any crime.
The homeowner, who wishes to remain anonymous at this time, was alerted by motion detectors that there were trespassers on his property just outside his front door. A live video feed from his doorbell camera showed three armed men wearing tactical vests, t-shirts and jeans. One man appeared to be an ATF agent. Another armed Delaware State Police trooper was on the porch with the ATF agent while another Delaware State Police trooper took a position just off the porch. None wore body cameras.
The homeowner, a law abiding small businessman, was rightfully skeptical of agents showing up at his door unannounced when he was not a suspect in any crime. He stepped onto the porch and allowed his camera to continue recording.
While it is not illegal to purchase multiple firearms at one time, the ATF agent said they were investigating straw purchases. A straw purchase is when someone buys a firearm for someone else who may not buy one legally. The agent said they were verifying multiple gun purchases. The Delaware cop added that “the reason we’re out here is obviously gun violence is at an uptick… we’ve been having a lot of issues with straw purchases.” The implication was that the man had committed a crime by making a multiple “gun purchase” of two firearms.
Invasion of privacy
In hindsight the homeowner thinks he was coerced into giving his consent for what was an illegal a search of his property. Since the ATF agents did not have a search warrant and lacked probable cause to obtain one they had to rely on the consent of the homeowner.
Federal agents “just following orders” intrude on law abiding gun owner at home.
Courts consider consent as either voluntary or coerced. They also consider whether the defendant knew he had a right to refuse. Other factors considered by the court could be the time of day, agent demeanor and whether the agents appeared in uniform or not.
“I was embarrassed,” the homeowner said. “My neighbors saw the whole thing – 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’t commit a crime. It was quite embarrassing. I knew they couldn’t come in, but I didn’t know what to do. I didn’t want to get put on some watch list. We just got new gun laws here. I didn’t want them coming back again. I felt like they were invading my privacy.”
No comment
Delaware State Police Superintendent Col. Melissa Zebley was not willing to be interviewed. In addition the Agent in Charge of ATF’s Wilmington, Delaware field office did not return calls from Armed American News seeking comment for this story.
Public information officers at both ATF’s 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. Delaware State Police was also unwilling to discuss the investigation.
And this is just the latest tale of federal agents seeking gun owner information. Just last week the FBI had contacted several Missouri county Sheriffs informing them the federal agency plans to show up and “audit” concealed weapon permit holders in August.
The FBI in a letter stated the audit would include “onsite review” of concealed weapon permit holders. The Missouri Attorney General responded with a terse letter of trespass notice.
Michael Reed is Publisher of The Standard newspaper, print and online, and TheStandardSC YouTube channel where many video reports may be found. Please share freely and donate to The Standard on this page to assure the continued availability of news that is ignored too often by the dominant media.
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