Search Warrent

[Daniella1945]

What is the name of your state (only U.S. law)? Ohio
I own a house with my partner, we each have a half share, Recently he inadvertenly checked or didn't check the box on an applicantion as to whether he ever had a felony conviction many years ago
He wanted to purchase a firearm to go target practicing at a range.
They wouldn't sell him the firearm because they found out he had a convition like 30 years ago
The other day the ATF came out to question him and we think they might get a search warrant any day to search the house for firearms What will they do? will they damage and break all my things I have stored in boxes like china and crystal by throwing them on the floor and so on?
what can I expect and do?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio
I own a house with my partner, we each have a half share, Recently he inadvertenly checked or didn't check the box on an applicantion as to whether he ever had a felony conviction many years ago
He wanted to purchase a firearm to go target practicing at a range.
They wouldn't sell him the firearm because they found out he had a convition like 30 years ago
The other day the ATF came out to question him and we think they might get a search warrant any day to search the house for firearms What will they do? will they damage and break all my things I have stored in boxes like china and crystal by throwing them on the floor and so on?
what can I expect and do?

Expect that your home will be searched in any place that a gun can fit. Expect that if a gun is found, your partner will be arrested and charged with a felony (weapons under disability).

 

[Daniella1945]

Expect that your home will be searched in any place that a gun can fit. Expect that if a gun is found, your partner will be arrested and charged with a felony (weapons under disability).

There are no guns here to find, it is how much damage can they do to my things? and exactly what do they do

 

[justalayman]

Expect that your home will be searched in any place that a gun can fit. Expect that if a gun is found, your partner will be arrested and charged with a felony (weapons under disability).

I would expect he will be arrested anyway.

https://www.atf.gov/file/61446/download


question 11.c have you ever been convicted in any court of a felony or other crime for which the judge could have imprisoned you for more than 1 year, even if you received a lesser sentence, including probation.


then we have 18 USC §922

(a) It shall be unlawful—

(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

then in the signature section is specifically states: I understand that a person that answers yes to any of the questions 11.b through 11.k is prohibited from purchasing a firearm.


the penalty is up to 5 years in prison and or fines.

 

[Daniella1945]

There are no guns here to find, it is how much damage can they do to my things? and exactly what do they do

HE IS 80 YEARS OLD AND VERY FORGETFUL, He didn't notice the question or just checked all of them and realy didn't read it quite thoroughly, so under those circumstances can we still lose our house?

 

[Daniella1945]

HE IS 80 YEARS OLD AND VERY FORGETFUL, He didn't notice the question or just checked all of them and realy didn't read it quite thoroughly, so under those circumstances can we still lose our house?

I will just write under this post from now on

 

[Just Blue]

HE IS 80 YEARS OLD AND VERY FORGETFUL, He didn't notice the question or just checked all of them and realy didn't read it quite thoroughly, so under those circumstances can we still lose our house?

Why does your 80 year old partner who is very forgetful need a firearm?

 

[Ohiogal]

HE IS 80 YEARS OLD AND VERY FORGETFUL, He didn't notice the question or just checked all of them and realy didn't read it quite thoroughly, so under those circumstances can we still lose our house?

Why would you think you would lose your house? Your house was not used in a commission of a crime. And if he is 80 years old and "very forgetful" he may end up being declared incompetent.

 

[CdwJava]

No, they are not going to toss everything on the floor and break it. It makes for entertaining TV, but not part of real life searches. If they were to break anything, they'd be paying for it. IF they get a search warrant (and that's a big IF), they will search - as was mentioned - anyplace a firearm might fit. However, I don't know that they will have the requisite probable cause to get the search warrant based upon his attempt to purchase one as they would have to somehow convince a judge that it is very likely he already HAS one in violation of state law (or federal, on the off-off-off chance the ATF got involved).

I doubt there is too much to worry about, but, if they get a warrant, they will search, find no firearm, and then they may pursue charges against your significant other. At his age that is doubtful, but, it is possible.