Comments on: ATF Agent Stops Gun Sale Because He Says He Smelled Marijuana

By: .40 cal Booger

.40 cal Booger — Wed, 13 Mar 2024 19:47:52 +0000

“Hey ATF IOI. I think you smell like pot. That makes you a danger so makes me fear for the safety of my employees and my self. So to protect us from you, you may not come in”

By: .40 cal Booger

.40 cal Booger — Wed, 13 Mar 2024 11:45:57 +0000

In reply to .40 cal Booger.

and… not to forget this IOI person was not law enforcement ATF.

Think about this …. that an ordinary person off the street with zero authority could walk into a gun store and order the store not to sell you a gun because they think they smell pot on ya.

That’s what this was. This ATF IOI idiot had zero authority for that action just like that ordinary person off the street would have zero authority for doing that to you. This is a ‘bean counter’, their authority only encompasses ‘bean counting’ not law enforcement or ‘I think’.

By: .40 cal Booger

.40 cal Booger — Tue, 12 Mar 2024 15:37:23 +0000

1. The ATF does not have authority to order the FFL to not sell a gun to a person because the ATF thinks they smell something. They need actual proof the person actually did use pot, this is not a traffic stop and the conditions of conducting commerce do not qualify for ‘I think’ logic here. It could have been anything the ATF smelled, there are lots of things that smell like pot even a combination of firearms cleaning ‘solutions’ have produced a smell like pot. It could have been the person had been around a medical pot user and the smell got on them. It could have been anything, even some mixtures of actual tobacco.

2. It is not within ATF authority to stop commerce at the point of sale without justifiable probable cause that can be articulated for a warrant or court order or that justifies arrest/detention. The fact this ATF person did not pursue arrest/detention means it did not rise to a level of probable cause.

3. Even if the person was a medical pot user and had used pot this ATF idiot had no authority to intervene based upon ‘smell’ as such is too subjective to constitue probable cause in this application.

This is a blatant government tyrannical violation of more than just the 2A, it was also a violation of this person’s 4A rights because ‘I think I smell’ is not probable cause.

By: Dude

Dude — Tue, 12 Mar 2024 14:17:58 +0000

“Neither would he disclose whether the IOI’s actions were within ATF’s policy and procedures.”

Do they have the legal authority to do what they just did?