CONSTITUTIONAL LAW-SEARCH AND SEIZURE-WARRANTLESS INSPECTION IN ENFORCEMENT OF FEDERAL GUN CONTROL ACT IS CONSTITUTIONAL UNDER THE FOURTH AMENDMENT

• NCJ Number: 7491
• Journal: Mississippi Law Journal Volume: 43 Issue: 4 Dated: (1972) Pages: 562-567
• Author(s): W B WICKER
• Date Published: 1972
• Length: 6 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

HISTORY LEADING UP TO THE SUPREME COURT DECISION OF UNITED STATES V. BISWELL.

Abstract

THE COURT NOTED THAT THERE IS AN INHERENT PUBLIC INTEREST IN EFFECTIVE CONTROL OF FIREARMS TRAFFIC AND WARRANTLESS, UNANNOUNCED INSPECTIONS ARE NECESSARY TO ACHIEVE THE GOALS OF THE STATUTE (THE GUN CONTROL ACT OF 1968). THE COURT ALSO SAID THAT WHERE A BUSINESSMAN CHOOSES TO DEAL IN A HEAVILY REGULATED INDUSTRY, HE IS HELD TO BE INFORMED AS TO THE NECESSITY, EXPECTABILITY, AND LIMITS OF GOVERNMENTAL INSPECTIONS. UNDER SUCH REGULATORY STATUTES, THE DEALER'S RIGHT OF PRIVACY IS NOT UNJUSTIFIABLY INTERFERED WITH BY INSPECTIONS PERFORMED WITHOUT A WARRANT. THEREFORE, THE COURT CONCLUDED THAT WHERE AN URGENT FEDERAL INTEREST IS INVOLVED AND THE INTERFERENCE WITH PRIVACY IS NOT UND WARRANTLESS INSPECTION MAY BE AUTHORIZED BY A STATUTE NARROWLY LIMITED IN TIME, PLACE, AND SCOPE WITHOUT OFFENDING THE PROTECTION AFFORDED BY THE FOURTH AMENDMENT. (AUTHOR ABSTRACT).