Legal Question in Real Estate Law in Pennsylvania
I currently hold a federal firearms license. It is a class 3 license that lets me purchase antique and collectible firearms as a collector. I can't use my license to make a profit. I contacted the BATFE and I meet the requirements to upgrade my license to a normal business type license. The problem comes from my state "Pennsylvania". In order to buy and sell firearms in my state I also have to acquire a state license. Once I get this license I give up all search and seizure rights to the "premises". My question is my property is made up of two deed's. One has my home and the other a steel garage. Being my business would be selling online only the BATFE has no problem with me having the business in the garage. But PA law uses the term "premises" as far as unwarranted searches go. So If I get the license on the garage with it's own address and deed could the state police search my home without a warrant because the two buildings are fairly close together (about 150 feet). They also share utilities and my mortgage has a lien on both deeds. Legally would the house be considered the same "premises" or would it be separate. Thanks for any input.
1 Answer from Attorneys
My guess is they would try to search both. Now whether that would stand up in court who knows.
Smart thing to do is to rent a very small store and make that the premises.
{John}