FBI Carried Out Warrantless Monitoring on Man Who Posted Guns for Sale on Facebook

A Texan man who used Facebook to announce the sale of his personal firearms came under warrantless surveillance by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). After conducting an investigation, the ATF found no evidence of any illegal activity. Nonetheless, they shared his information with the FBI, which led to his monitoring for at least six months.

According to internal documents reviewed by The Epoch Times, two ATF special agents interviewed the Hispanic man, who openly admitted to "advertising" his personal firearms for sale on Facebook. He explained that he had a habit of purchasing new guns, tinkering with them, losing interest, and subsequently selling them, but he never made a profit from these transactions.

Eric Olson, a lawyer for Gun Owners of America (GOA), expressed surprise that the ATF failed to identify any illegal actions during their investigation. The records obtained through GOA's Freedom of Information Act (FOIA) lawsuit against the ATF and FBI were heavily redacted, obscuring significant portions of information.

The ATF confirmed that the man was placed under FBI daily monitoring in 2021 for "suspected violations" of federal laws related to straw purchasing and dealing guns without a license. This revelation is part of an ongoing series uncovering a secret program between the ATF and FBI using the National Instant Criminal Background Check System (NICS) to monitor individuals based on mere "potential" violations of the law.

Each suspect submitted by the ATF to the FBI's "NICS Monitoring Services" undergoes a manual check for firearm sales every day for a period of 30 to 180 days, with the option to renew the surveillance indefinitely. The man's current monitoring status remains unknown.

The redacted records do not specify how the ATF became interested in the suspect, leaving uncertainty about whether his Facebook posts triggered the investigation. The ATF declined to comment on whether Facebook provides tips to the agency about gun-related posts.

While Facebook permits licensed gun stores and online dealers to sell firearms and ammunition on its platform, private individuals are prohibited from engaging in such transactions. However, Mr. Olson pointed out that Facebook's policies do not make the activity a crime, even if it is disallowed on the platform.

Despite the ATF agents appearing to exonerate the man in their report regarding straw purchasing, they highlighted that he admitted to falsifying his address on the background check form (4473) completed for the NICS system. Although lying on this form could result in a potential 10-year prison term for perjury, the man was not prosecuted for providing the incorrect address.

Overall, the man's explanation of his activities aligns with federal law, which permits occasional sales, exchanges, or purchases of firearms for personal collections or hobbies without requiring an ATF license. He was open about his firearm-related activities and used his credit card to make gun purchases.

According to Mr. Olson, the man is similar to others with limited resources but a strong interest in collecting new items related to their hobbies. He compared this to people who buy and sell art, guitars, cars, designer clothes, or jewelry as they explore new interests and finance their hobbies by occasionally selling items from their collections.