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Name: People v. Wilmshurst
Case #: C050103
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/08/2007
Summary

Firearms records appellant was required to keep under federal law and the results of a federal regulatory inspection of appellant’s home, pursuant to issuance of a federal license for importing weapons, did not violate his privilege against self-incrimination and could be included in the affidavit for a search warrant. Here, a federal firearms official performing a compliance inspection in connection with appellant’s federal license for importing weapons discovered weapons illegal under California law and reported her findings to California firearms officials. In turn, they sought a warrant on the basis of this information. Appellant claims that the information he provided to obtain the license could not be used in criminal prosecution but the court found that the statutes at issue here were essentially noncriminal and regulatory rather than involving a group that is inherently suspect of criminal activities, such as gambling or membership in a Communist organization. Further, the court found that federal gun legislation does preempt state regulation of firearms and registration under the Federal Gun Control Act expressly state that issuance of a federal license does not permit possession of weapons proscribed by the state.