It has recently come to my attention that the Pennsylvania State Police (PSP) is conducting compliance inspections of PA Federal Firearms Licensees (FFLs) without warrants. Unlike the federal law provision found in 18 U.S.C. 923(g)(1)(B)(ii) that provides ATF with the authority to conduct a compliance inspection once every 12 months without a warrant, no similar provision exists in Pennsylvania law. Further, unlike with a Federal Firearms License, where the ATF issues the FFL, in Pennsylvania, it is the county sheriff that issues the Pennsylvania firearms sales license, not the PSP.
Accordingly, the PSP has no authority or jurisdiction, absent a lawfully executed warrant or your consent, to inspect your records or premise. If the PSP comes to your store and demands to review your records, you should immediately inform them that you do not consent to a search of your premise or records and request that they produce a warrant. You should also immediately contact an attorney for representation and anticipate ATF to conduct a compliance inspection in the near future.
If you or a FFL you know is approached by the PSP, you should immediately contact us so that we can ensure your rights are protected. Remember, Rule 1 is never speak with the police and Rule 2 is never consent to a search, even if you believe your records to have been maintained in strict compliance.