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I LIVE IN TEXAS. I...

I LIVE IN TEXAS. I CONSENTED TO A VOLUNTARY SEARCH BY SHERIFF'S OFFICE 2 WEEKS AGO AS THEY STATED THEY RECEIVED A COMPLAINT ABOUT DRUG USE AT MY HOME. IT WAS REDICULOUS AND I LET 4 OFFICERS SEARCH MY HOUSE. OF COURSE, THEY FOUND NOTHING BUT THE LEAD OFFICER SAW MY 30.06 WHICH I WAS CUSTOMIZING AND IT HAD A CHOPPED BARREL. THE GUN NEVER LEAVES MY HOUSE AND HAS NOT BEEN SHOT IN OVER A YEAR. I WANTED TO SHORTEN THE LENGTH IN INTERVALS AND TARGET AND RECORD ACCURACY LOSS AND THEN WRITE AND ARTICLE. THE OFFICER TOLD ME I COULD OFFER UP THE GUN AND IT WOULD BE DESTROYED OR I COULD BE ARRESTED. I GAVE UP THE GUN. IS THIS ALL LEGAL? THANKS. xxxxx xxxxxx, CORSICANA, TX


ps - I AM 60 YRS OLD AND RETIRED FROM CHILD PROTECTIVE SERVICES.  PERFECTLY CLEAN RECORD, VETERAN US NAVY, CORRECTIONAL OFFICER FOR 3 YEARS WHILE IN SCHOOL.  BS IN PSYCHOLOGY 6 YRS AGO.

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Answered in 26 minutes by:
10/22/2013
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,580
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the National Firearms Act, a rifle with a barrel less than 16 inches must be registered with ATF as a short barrel rifle. If your gun was less than 16 inches then it had to be on the National Firearms Registration and Transfer Records and in order to get the gun off of the registry you have to replace the barrel with one of appropriate length.

If the barrel was over 16 inches, you need to get a local attorney and file a petition in court for return of your rifle or at least get the attorney to negotiate for return with the agreement they can keep the short barrel and you will add a legal length barrel to the receiver.




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Law Educator, Esq.
Category: Criminal Law
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Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Customer reply replied 4 years ago

It's been a while since this question but can you elaborate any more about a voluntary search and what police are and are not supposed to do? They were not here for a gun complaint. Can they just do whatever they want?

Thank you for your response.

On a voluntary search they can search anywhere they choose where any contraband or weapon can be hidden, which means they have pretty much no limitations at all. Once you give them permission, they can do what they choose. If you told them you changed your mind and to stop, they have to stop and get a warrant to continue searching.
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