There are a number of nasty rumors circulating about once the purchase of a silencer is brought into the conversation. Not the least of which is the ATF now has sudden, unrestricted access to search your home, since you own a silencer.
This rumor is totally UNTRUE! At no point before, during, or after the silencer purchase do you ever sign a form that forfeits your 4th Amendment right. The 4th Amendment notes:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the things to be seized.
This quotation is easily verified from the government archives at http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html. In summary, your silencer purchase does not give the ATF, or other law enforcement agencies, the right to enter your home unless accompanied by a warrant, signed by a judge who deems probable cause. Of course, they can enter your home if you give them permission to do so.
However, there are still individuals who assert that the back side of Form 4 – the one you fill out to verify your eligibility to purchase a silencer with your name, address, and sheriff’s signature – states the ATF has now been given permission to enter and search your home. The text on the back of Form 4 reads:
There are no statements, or phrases, regarding search and seizure. Your 4th Amendment rights remain intact. Do not let rumors, or innuendo, keep you from purchasing the hottest firearm accessory on the market. For more information or to place an order, give us a call today!