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Title II weapons

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Title II weapons , or NFA firearms , are designations of certain weapons under the United States National Firearms Act (NFA).

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110-448: These are weapons requiring a Type 01 Federal Firearms License (FFL) as well as a Class 3 Special Occupation Tax (SOT) to sell, and an ATF Form 4 (transfer of registration) with $ 200 tax stamp to purchase. Also a Type 07 FFL (manufacturer) with a Class 2 Special Occupation Tax is qualified to manufacture, purchase and sell. The restrictions apply to certain firearms , explosive munitions, and other devices which are federally regulated by

220-547: A $ 200 tax on manufacture or certain transfers of an NFA firearm, and a requirement for registration under the NFA. Generally, for the manufacture of NFA items, ATF Form 5320-1 must be submitted to the ATF. For the transfer of a NFA item from a person or entity lawfully entitled to transfer it (Class 3 dealer) to oneself, or an entity ( Gun Trust or LLC ), the ATF Form 5320-4 must be submitted to

330-612: A 59-month audit period between 2002 and 2007. In May 2008, William Newell, Special Agent in charge of the Phoenix ATF Office, said: "When 90 percent-plus of the firearms recovered from these violent drug cartels are from a U.S. source, we have a responsibility to do everything we can to stem the illegal flow of these firearms to these thugs." According to the Justice Department's Office of the Inspector General, "ATF told

440-479: A bureau, consists of several different groups that each have their own respective role, commanded by a director. Special Agents are empowered to conduct criminal investigations, defend the United States against international and domestic terrorism, and work with state and local police officers to reduce violent crime on a national level. ATF Special Agents may carry firearms, serve warrants and subpoenas issued under

550-440: A cadre of approximately 150 highly trained explosive experts known as Certified Explosives Specialists (CES). ATF/CES Agents are trained as experts regarding Improvised Explosive Devices (IED's), as well as commercial explosives. ATF Agents work closely with state and local Bomb Disposal Units (bomb squads) within the United States. A list of ATF directors since becoming a Bureau on July 1, 1972: Some media outlets have criticized

660-461: A class of 24 student trainees. Industry Operations Investigator Basic Training (IOIBT) is a comprehensive 10-week program designed to train newly hired industry operations investigators (IOI) in the basic knowledge, skills, and abilities they need to effectively conduct inspections of firearms and explosives licensees and permittees, as well as provide assistance to other Federal, State, and local law enforcement agencies. Successful completion of IOIBT

770-463: A detailed series of Single Scope Background Investigations (SSBI). ATF Special Agents consistently rank at the top or near the top of all federal agencies in cases referred for prosecution, arrests made, and average time per defendant on an annual basis. Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel. Industry Operations Investigators (IOIs) are the backbone of

880-818: A division of the FBI in 1933. When the Volstead Act , which established Prohibition in the United States , was repealed in December 1933, the Unit was transferred from the Department of Justice back to the Department of the Treasury, where it became the Alcohol Tax Unit (ATU) of the Bureau of Internal Revenue. Special Agent Eliot Ness and several members of The Untouchables , who had worked for

990-400: A firearm or explosive, as well as investigative authority over regulatory referrals and cigarette smuggling . All ATF Special Agents require a Top Secret (TS) security clearance, and in many instances, need a higher level, TS/SCI/SAP (Top Secret/Sensitive Compartmented Information/Special Access Programs) clearance. In order to get a security clearance, all potential ATF Special Agents must pass

1100-417: A fraction of said activity had occurred at a gun store instead, the store would have promptly and swiftly been shut down by the ATF, but that the ATF is not held to the same standards that they hold FFL's, "You have to wonder what the ATF would say about a private facility that was ripped off for years on end by its own staffers and still failed to implement serious security measures after the fact. I expect that

1210-492: A handgun with a rifled barrel. This umbrella definition includes many improvised firearms ("zip guns") and disguised firearms. Examples include wallet guns , cane guns , knife guns and pen guns . An AOW can be transferred to non-prohibited persons with a $ 5 BATF stamp as opposed to the $ 200 stamp required for machine guns and short-barreled rifles. AOW is a complex and often misunderstood category of NFA firearms. Less obvious examples of AOW devices include: An antique firearm

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1320-476: A machine gun, and any combination of parts intended to make a machine gun, is legally defined as a machine gun. For example, according to the ATF, "A Glock Switch is a part which was designed and intended for use in converting a semi-automatic Glock pistol into a machine gun; therefore, it is a "machine gun" as defined in 26 U.S.C. 5845(b)." Open-bolt firearms made after 1982 are considered machine guns due to ease of conversion. Parts that can be used to convert

1430-413: A manual safety was added to meet import requirements). Certain other modifications, such as period sporterisations, are arguably C&R qualified as they represent the gun culture of the period. An example would be a Lee–Enfield or 98K Mauser military rifle that had been converted into a continental style sporter before World War II. These common conversions occurred more than 50 years ago, and represent

1540-414: A new era where federal firearms and explosives laws addressing violent crime became the primary mission of the agency. However, taxation and other alcohol issues remained priorities as the ATF collected billions of dollars in alcohol and tobacco taxes, and undertook major revisions of the federal wine labeling regulations relating to use of appellations of origin and varietal designations on wine labels. In

1650-466: A pilot program that ATF was planning to apply throughout the country. In Pittsburgh, Pennsylvania, ATF agents visited a gun show's customers' homes a week after the show, demanding to see the buyers' guns or sale paperwork and arresting those who could not—or would not—comply. A September 2008 report by the Justice Department's Office of the Inspector General determined that 76 firearms and 418 laptop computers were lost, stolen, or missing from ATF, after

1760-498: A registry of firearms sales in an ATF-approved Bound Book, or a computerized equivalent using ATF-approved software. Licensed dealers must also maintain file copies of Form 4473 or eForm 4473 "Firearms Transaction Record" documents, for a period of not less than 20 years after the date of sale or disposition. When retiring or otherwise relinquishing a license, these records are sent to the ATF's out-of-business Records Center. Licensed collectors are not required to send their records to

1870-490: A semi-automatic firearm to fully automatic capability are regulated as machine guns and must be registered and tax paid under the NFA. The U.S. military issued kits T17 and T18 to convert the M1 carbine to an M2, capable of fully automatic fire; these kits are legally "machine guns". A short-barreled shotgun (SBS) is defined as: (1) a shotgun having a smoothbore barrel or barrels of less than 18 inches [46 cm] in length; (2)

1980-558: A special occupational tax of $ 500 per year if gross revenues do not exceed $ 500,000, and $ 1,000 if revenues exceed $ 500,000. International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the manufacture, export, import, or transfer of defense-related articles and services on the United States Munitions List (USML), which includes most all firearms components. In general,

2090-643: A sub-type of special interest to collectors. Federal law defines guns manufactured in or before 1898 with unconventional firing mechanisms (such as percussion, flintlock and other combustion methods typically considered "black powder"), or cartridge firearms that have uncommon and not readily available ammo types (.30-40 Krag, .30 Mauser, .44 Russian, etc) as "antique" (26 USC §5845(G)), (27 CFR §478.11) and they are generally unregulated in federal law. They may be bought and sold across state lines without an FFL. The only exceptions are short-barreled rifles, short barreled shotguns, and machine guns , which are regulated under

2200-651: A unique fire research laboratory in Beltsville, Maryland , where full-scale mock-ups of criminal arson can be reconstructed. The ATF had 5,285 employees and an annual budget of almost $ 1.5 billion in 2021. The ATF has received criticism over its handling of the Ruby Ridge siege, the Waco siege and other incidents. The ATF was formerly part of the United States Department of the Treasury , having been formed in 1886 as

2310-456: A weapon are also exempt. Examples of non-weapon large bore firearms include: Fireworks are non-weapon explosive ordnance. Flare launchers are normally exempt as they are signalling devices, not weapons; however, possession of a flare launcher and anti-personnel ammunition for it puts it in the DD category as it is then considered to be a weapon. The legal term silencer, also known as a "suppressor",

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2420-410: A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length [...] A rifle is a firearm designed to be fired from the shoulder and fire one bullet at a time through a rifled barrel. An SBR need not retain a shoulder stock after modification. ATF regards pistols with shoulder stocks as redesigned to be fired from

2530-433: A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches [66 cm] or a barrel or barrels of less than 18 inches in length [...] It must be intended to be fired from the shoulder one shell of shot (pellets) or one projectile at a time. A short-barreled rifle (SBR) is defined as: (3) a rifle having a rifled barrel or barrels of less than 16 inches [41 cm] in length; (4)

2640-565: Is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally, legally, and practically reprehensible." The Subcommittee received evidence that ATF primarily devoted its firearms enforcement efforts to the apprehension, upon technical malum prohibitum charges, of individuals who lack all criminal intent and knowledge. Evidence received demonstrated that ATF agents tended to concentrate upon collector's items rather than "criminal street guns". In hearings before ATF's Appropriations Subcommittee, testimony

2750-512: Is artificially inflating ATF's eTrace statistics of U.S. origin guns seized in Mexico. One gun is alleged to be the weapon used by a Mexican national to murder Customs and Border Protection Agent Brian Terry on December 14, 2010. ATF and DOJ denied all allegations. After appearing at a Congressional Hearing, three supervisors of Fast and Furious (William G. McMahon, Newell, and David Voth) were reported as being transferred and promoted by ATF. ATF denied

2860-482: Is associated with firearms intended for sporting use or as offensive or defensive weapons." To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories: C&R firearms include most manually operated and semi-automatic firearms used by a military force prior to 1974. This includes most firearms used by the warring nations in World War I and World War II . However,

2970-421: Is defined as "any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts ... intended for use in assembling or fabricating a firearm silencer." "Any other weapon" is a "catch-all" category. An AOW is defined as "any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive," other than

3080-491: Is either a muzzle loader, uses non-fixed ammunition (such as pinfire cartridges ), or custom ammunition not commercially produced (such as conversion cartridges). Note that ATF has not defined "commercial production" for quantities of ammunition to qualify as "readily available". The ownership of Title II weapons is not illegal, but is heavily regulated at both the State and Federal level. Numerous federal restrictions are imposed on

3190-459: Is especially important for collectors of pistols and revolvers since they may not otherwise be acquired outside a collector's state of residence.) Collectors are not considered to be FFL dealers and have no special privileges concerning non-C&R firearms, nor may they "engage in the business" of regularly selling C&R firearms to persons who do not have an FFL. Selling of C&R firearms does not require an FFL transfer across state lines, only if

3300-430: Is excluded from NFA regulation if it is "not likely to be used as a weapon" and is not a machine gun or destructive device. It must have been manufactured before 1899: 18 USC 921 (a)(16). (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (B) any replica of any firearm described in subparagraph (A) if such replica -- (i)

3410-404: Is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained. Any firearm sold as a C&R firearm once changed out of its original configuration cannot be resold as a C&R firearm. In regard to conversions; certain pistols have been approved for sale with added safety conversions (i.e. Polish and Romanian Tokarev pistols , to which

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3520-760: Is mandatory in order for the newly hired IOI to maintain their employment. ATF's Special Response Teams (SRTs) are elite tactical groups that rapidly respond to high-risk law enforcement operations and conduct criminal investigations that lead to the arrests of the most violent criminals in the United States. Their work includes search and arrest warrants, high-risk criminal investigations, undercover operations, surveillance operations, and protective service operations. Team members are specially trained ATF special agents who may serve full or part time. They often serve in various roles such as crisis negotiators, team leaders, tactical operators, snipers, operator medics and canine handlers. Members of ATF special agent ranks are issued

3630-425: Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. Note that a firearm manufactured before 1899 is an antique by nature of production date. A replica is of the same status provided it

3740-521: Is not explosive and that the ATF's regulations were unreasonable. The NAR and TRA won their lawsuit against the ATF in 2009, lifting the government restrictions. The associations maintain their own restrictions, and rocketry is also regulated by the Federal Aviation Administration (FAA). Between May 2004 and August 2005, ATF agents, in conjunction with Virginia state, county, and city police, conducted an operation at eight gun shows in

3850-857: Is subject to prior approval of the Attorney General , and federal registration is required for possession. Generally, a $ 200 tax is imposed upon each transfer or making of any Title II weapon . The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which enforces federal firearms law , refers to such weapons as " NFA firearms ". NFA firearms include machine guns, short-barreled rifles and shotguns, heavy weapons, explosive ordnance, silencers and "any other weapon" (AOW), such as disguised or improvised firearms . Title I weapons, or GCA firearms, are standard rifles, shotguns, and handguns. Explosive devices such as bombs or grenades are regulated as NFA firearms (destructive devices). Explosive materials are not considered NFA firearms; they are regulated under

3960-570: Is the Special Agent Basic Training (SABT), which is conducted at FLETC and covers a wide range of disciplines including firearms and ammunition identification; firearms trafficking; report writing, interviewing techniques; alcohol/tobacco diversion investigations; explosives and fire/arson investigations; firearms and tactical training, close quarter countermeasures; field operations, undercover techniques; and physical conditioning. The SABT consists of approximately 15 weeks of training with

4070-694: Is the branch of the ATF uses to dispose of firearms forfeited to the ATF. The report also stated that the ATF has improved its process to reduce thefts but that it still has not implemented all of the recommendations made by the DOJ. In 2023, federal Judge Reed O'Connor of the Northern District of Texas vacated the Bureau's attempt to expand the definition of a firearm frame or receiver. Judge O'Connor ruled ATF exceeded its statutory authority in attempting to redefine these terms and implement regulations of so-called "readily convertible" or "80% receiver" kits. In 2006,

4180-780: The Glock 19M as their primary duty weapon and are trained in the use of, and issued, certain rifles and shotguns. The ATF Special Response Team (SRT) is armed with Colt M4 carbines and other firearms. The ATF is organized as follows: The ATF has 26 field divisions across the nation in major cities. Those cities are: Atlanta, Baltimore, Boston, Charlotte, Chicago, Columbus (OH), Dallas, Denver, Detroit, Houston, Kansas City (MO), Los Angeles, Louisville, Miami, Nashville, New Orleans, New York City, Newark, Philadelphia, Phoenix, San Francisco, Seattle, St. Paul, Tampa, and Washington, D.C. Also, there are field offices in different countries such as Canada, Mexico, El Salvador, Colombia, Iraq, Lithuania, and in

4290-493: The National Firearms Act of 1934. Unlike C&R guns, antique guns can be re-arsenalized, sporterized, re-barreled, or re-chambered, yet they will still retain their federally exempt status. Even if every part except the receiver is replaced, a pre-1899 "black powder" firearm still qualifies as an antique. FFL holders have been directed not to enter Pre-1899 guns into their Bound Books. FFL holders are required to keep

4400-470: The National Rifle Association (NRA) contracted her to go to Richmond to investigate dozens of complaints by NRA members of "massive law enforcement presence, residence checks, and minority buyers being followed, pulled over and their legally purchased guns seized." The purchasers were compelled by an ATF letter to appear at ATF offices to explain and justify their purchases. ATF stated this was

4510-563: The National Rifle Association (NRA) lobbied U.S. Representative F. James Sensenbrenner to add a provision to the Patriot Act reauthorization that requires Senate confirmation of ATF director nominees. (Prior to that, ATF directors were simply appointed by the administration. ) After that, the NRA lobbied against and effectively blocked all but one presidential nominee until 2022. In 2007, President George W. Bush nominated Mike Sullivan for

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4620-504: The Organized Crime Control Act . A machine gun , as defined in the NFA, is "Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger." The NFA term machine gun refers to all firearms capable of full automatic fire and includes true machine guns, submachine guns, and machine pistols. The frame or receiver of

4730-624: The Youth Crime Gun Interdiction Initiative , which expanded tracing of firearms recovered by law enforcement and the ongoing Comprehensive Crime Gun Tracing Initiative. ATF also provides support to state and local investigators through the National Integrated Ballistic Information Network (NIBIN) program. In 2006, Congress made the ATF head subject to Senate confirmation and, until recently, only one nominee had not been blocked from heading

4840-541: The "Revenue Laboratory" within the Treasury Department's Bureau of Internal Revenue . The history of the ATF can be subsequently traced to the time of the revenuers or "revenoors" and the Bureau of Prohibition , which was formed as a unit of the Bureau of Internal Revenue in 1920. It was made an independent agency within the Treasury Department in 1927, was transferred to the Justice Department in 1930, and became, briefly,

4950-568: The 1938 FFA lacked a provision specifically restricting "prohibited purchasers" as defined in the FFA from purchasing firearms under false pretenses/documentation (i.e. those who would otherwise have been considered "prohibited purchasers" were still able to get away with firearms purchases by providing falsified identity information; since background checks as understood today did not yet exist, convicted felons and other "prohibited purchasers" would still buy firearms unhindered by using fake identification). It

5060-549: The ATF Curios and Relics List, again only if the owner has complied with all federal requirements. Bureau of Alcohol, Tobacco, Firearms and Explosives The Bureau of Alcohol, Tobacco, Firearms and Explosives ( BATFE ), commonly referred to as the ATF , is a domestic law enforcement agency within the United States Department of Justice . Its responsibilities include the investigation and prevention of federal offenses involving

5170-553: The ATF in the Senate. Steven Dettelbach became the second in July 2022 after being nominated by President Joe Biden. ATF's Comprehensive Crime Gun Tracing Initiative is the largest operation of its kind in the world. In FY07, ATF's National Tracing Center processed over 285,000 trace requests on guns for over 6,000 law enforcement agencies in 50 countries. ATF uses a Web-based system, known as eTrace , that provides law enforcement agencies with

5280-403: The ATF regulatory mission. Their work is primarily investigative and routinely involves contact with, and interviews of, individuals from all walks of life and all levels of industry and government. Investigations and inspections pertain to the industries and persons regulated by ATF (e.g., firearms and explosives users, dealers, importers, exporters, manufacturers, wholesalers, etc.); and are under

5390-449: The ATF was officially established as an independent bureau within the Treasury Department on July 1, 1972, this transferred the responsibilities of the ATF division of the IRS to the new Bureau of Alcohol, Tobacco, and Firearms. Rex D. Davis oversaw the transition, becoming the bureau's first director, having headed the division since 1970. During his tenure, Davis shepherded the organization into

5500-702: The ATF when relinquishing their license. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five business day period must be reported to ATF on Form 3310.4 . ATF will approve the application if the applicant: The applicant must also certify that: See TITLE 27 CFR, CHAPTER II, PART 478 – COMMERCE IN FIREARMS AND AMMUNITION, § 478.42 License fees. Destructive device Importers and manufacturers of machine guns, short-barreled rifles and shotguns, and destructive devices must also pay

5610-547: The ATF, even going so far as to call for the abolition of the agency. One such criticism leveled by Reason magazine's J.D. Tuccille stated, "The nicest thing you can say about the ATF is that it's an unserious and unaccountable bureaucracy. Often it's explicitly contemptible, such as during the Fast-and-Furious gun-walking scandal , and its setting up mentally disabled youths to take the fall during gun-and-drug stings. After those abuses of individual rights and public trust,

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5720-406: The ATF. There is a lower, $ 5 transfer tax for weapons that fit in the definition of "Any Other Weapon" (AOW). Any violation of the NFA is a felony punishable by a fine of up to $ 250,000 and up to 10 years in prison, and any firearm involved is forfeit. Of NFA firearms (silencers, machine guns, short barrel rifles, short barrel shotguns, any other weapon (AOW) and destructive devices) machineguns are

5830-451: The Caribbean. ATF is responsible for regulating firearm commerce in the United States. The bureau issues Federal Firearms Licenses (FFL) to sellers and conducts firearms licensee inspections. The bureau is also involved in programs aimed at reducing gun violence in the United States , by targeting and arresting violent offenders who unlawfully possess firearms. ATF was also involved with

5940-649: The Democrats to confirm. Since 2001, ATF agents have recommended over 10,000 felons every year for federal prosecution for firearms possession through the Project Safe Neighborhoods framework. In PSN's first year, 2001–2002, over 7,700 of these cases resulted in convictions with an average sentence of over five years per defendant. This number had risen to over 12,000 prosecutions in FY 2007. The annual FBI Uniform Crime Report (UCR) demonstrated that from 2001 to 2010,

6050-535: The Department of State's Directorate of Defense Trade Controls (DDTC), which interprets and enforces ITAR, requires anyone engaged in such activities, including holders of a federal firearms license, to register annually and submit a fee (no less than $ 2,250 as of 2013). Registration exemptions exist for, among other things, work on unclassified intellectual property, and work or fabrication of an experimental or scientific nature including research and development. As of January 23, 2020, new regulations regarding ITAR are in

6160-713: The FFA. Certain types of firearms, accessories and other weapons are currently restricted under the National Firearms Act ( NFA ). In addition to a current FFL (of whatever "type" is applicable), the ATF requires that business owners who are planning to import, manufacture or deal in restricted materials also pay a Special Occupational Tax, or "SOT" (thereby making the business owner a " Special Occupational Taxpayer "). C&R firearms are defined in Title 27, Code of Federal Regulations , Part 478.11 as those "of special interest to collectors by reason of some quality other than

6270-610: The GCA. There are two categories of destructive devices (DDs): Most commercial shotguns have a bore diameter greater than 1 ⁄ 2 inch, but are exempt due to their "sporting purpose"; however, both the Street Sweeper and USAS-12 shotguns, designed for military or police use, were reclassified as DDs when the ATF determined they were combat shotguns not "generally recognized as particularly suitable for sporting purposes". Devices which are not intended or not likely to be used as

6380-634: The NFA. Any violation of the NFA is a felony punishable by up to 10 years in prison. Per the National Rifle Association's Summary of Gun Control Act of 1968 : Title II of the Gun Control Act of 1968 is a revision of the National Firearms Act of 1934, and pertains to machine guns , short or " sawed -off " shotguns and rifles, and so-called " destructive devices " (including grenades , mortars , rocket launchers , large projectiles , and other heavy ordnance). Acquisition of these weapons

6490-546: The National Integrated Ballistic Information Network (NIBIN), which allows federal, state, and local law enforcement agencies to image and compare crime gun evidence. NIBIN currently has 203 sites. In FY07, NIBIN's 174 partner agencies imaged more than 183,000 bullets and casings into the database, resulting in over 5,200 matches that provided investigative leads. With the passage of the Organized Crime Control Act (OCCA) in 1970, ATF took over

6600-726: The OIG that the 90-percent figure ... could be misleading because it applied only to the small portion of Mexican crime guns that are traced." Under operations "Fast and Furious" , "Too Hot to Handle", and "Wide Receiver", indictments show that the Phoenix ATF Office, over protests from the gun dealers and some ATF agents involved and without notifying Mexican authorities, facilitated the sale of over 2,500 firearms ( AK-47 rifles, FN 5.7mm pistols, and .50 caliber rifles) to traffickers destined for Mexico. Many of these same guns are being recovered from crime scenes in Arizona and throughout Mexico, which

6710-633: The Oklahoma City bombing was the deadliest terrorist attack in the history of the United States, and remains the deadliest incident of domestic terrorism in the country's history. McVeigh was executed for this mass murder by lethal injection on June 11, 2001, at the Federal Correctional Complex in Terre Haute, Indiana. The ATF was criticized for poor planning leading up to a shootout at Stevenson Ranch, California , in 2001, which resulted in

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6820-512: The Prohibition Bureau while the Volstead Act was still in force, were transferred to the ATU. In 1942, responsibility for enforcing federal firearms laws was given to the ATU. In the early 1950s, the Bureau of Internal Revenue was renamed " Internal Revenue Service " (IRS), and the ATU was given the additional responsibility of enforcing federal tobacco tax laws. At this time, the name of the ATU

6930-479: The Richmond area to reduce straw purchases for criminals. In a February 2006 House subcommittee hearing, the show's owner said: "People were approached and discouraged from purchasing guns. Before attempting to purchase, they were interrogated and accused of being in the business without a license, detained in police vehicles, and gun buyer's homes were visited by police, and much more." A gun salesman testified that he

7040-670: The Special Agents and who are not officially part of the ATF roster. Basic special agent training for new hires consists of a two-part training program. The first part is the Criminal Investigator Training Program (CITP) provided by the U.S. Department of Homeland Security's Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia . The CITP provides fundamental training in the techniques, concepts, and methodologies of conducting criminal investigations. Some of

7150-464: The Treasury Department. These changes took effect January 24, 2003. Complaints regarding the techniques used by ATF in their effort to generate firearm cases led to hearings before Congressional committees in the late 1970s and 1980s. At these hearings, evidence was received from citizens who had been charged by ATF, from experts who had studied ATF, and from officials of the bureau itself. A Senate subcommittee report stated, "Based upon these hearings it

7260-583: The Waco raid were reinstated, with full back pay and benefits (with a demotion) despite a Treasury Department report of gross negligence. The incident was removed from their personnel files. Timothy McVeigh cited Ruby Ridge and Waco Siege as his motivation for the Oklahoma City Bombing , which took place on April 19, 1995, exactly two years after the end of the Waco Siege. McVeigh's criterion for attack sites

7370-477: The agency still was referred to as "the ATF" for all purposes. Additionally, the task of collection of federal tax revenue derived from the production of tobacco and alcohol products and the regulatory function related to protecting the public in issues related to the production of alcohol, previously handled by the Bureau of Internal Revenue as well as by ATF, was transferred to the newly established Alcohol and Tobacco Tax and Trade Bureau (TTB), which remained within

7480-462: The authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony 18 U.S.C.   § 3051 . Specifically, ATF Special Agents have lead investigative authority on any federal crime committed with

7590-541: The bureau is retaliating but declined to comment about Cefalu's case. In 2015, a proposal by the ATF to prohibit sales of certain 5.56 x 45mm ammunition was dropped following a negative response from the public and the legislature. In 2022, the DOJ Office of the Inspector General (OIG) conducted an audit which found that "thousands of firearms, firearm parts, and ammunition had been stolen from National Firearms and Ammunition Destruction (NFAD) from 2016 to 2019." The NFAD

7700-413: The cabin, resulting in a shootout that killed US Marshal Bill Degan, Weaver's son Samuel, and Weaver's pet dog. FBI Hostage Rescue Team (HRT) members surrounded the cabin. The next day, HRT sniper Lon Horiuchi fired at Weaver, missing and killing Weaver's wife. A subsequent Department of Justice review and a Congressional hearing raised several questions about the actions of ATF, USMS, USAO, and FBI HRT and

7810-432: The capability to securely and electronically send trace requests, receive trace results, and conduct basic trace analysis in real time. Over 2,000 agencies and more than 17,000 individuals currently use eTrace, including over 33 foreign law enforcement agencies. Gun tracing provides information to federal, state, local, and foreign law enforcement agencies on the history of a firearm from the manufacturer (or importer), through

7920-521: The cases referred by ATF for prosecution each year are for firearms, violent crime, and narcotics offenses. Through the first half of 2011, ATF (with fewer than 2,000 active Special Agents) had recommended 5,203 cases for prosecution. This yields an average of 5.0 cases per agent per year. For comparison, the FBI (with slightly more than 13,000 active Special Agents) had recommended 8,819 cases for prosecution, for an average of 1.2 cases per agent per year. ATF, as

8030-422: The charges if he would become an informant. After Weaver refused to cooperate, ATF passed on false information about Weaver to other agencies that became part of a misleading file that profiled Weaver as having explosive booby traps, tunnels, and bunkers at his home; growing marijuana; having felony convictions; and being a bank robber. At his later trial, the gun charges were determined to be entrapment and Weaver

8140-512: The consequences would be a bit more serious than a single arrest and then business as usual despite a tut-tutting reprimand." The ATF has also received criticism involving financial corruption. In 2021, a whistleblower informed the public that the ATF was giving a 25% monetary bonus to at least 94 of its employees. The benefit is known as law enforcement availability pay, or LEAP, that was only reserved for "criminal investigators" who are on call and expected to work unscheduled, additional hours. It

8250-445: The distribution chain, to the first retail purchaser. This information is used to link suspects to firearms in criminal investigations, identify potential traffickers, and detect in-state, interstate, and international patterns in the sources and types of crime guns. These results are then used to help the courts prosecute the offenders and attempt to clamp down on firearm crime. ATF provides investigative support to its partners through

8360-576: The explosives industry and designated certain arsons and bombings as federal crimes. The Secretary of the Treasury was made responsible for administering the regulatory aspects of the new law, and was given jurisdiction over criminal violations relating to the regulatory controls. These responsibilities were delegated to the ATF division of the IRS. The Secretary and the Attorney General were given concurrent jurisdiction over arson and bombing offenses. Pub.L. 91-452, 84 Stat. 922, October 15, 1970. In 1972,

8470-581: The failings of the National Disposal Branch almost pale by comparison ... the Bureau of Alcohol, Tobacco, Firearms, and Explosives should be abolished, and its employees sent into the world to seek honest jobs in the private sector, if anybody will have them." Tuccille's primary reason for the complaint related to the mishandling of information and even security of firearms that led to the theft and sale of thousands of confiscated firearms by ATF personnel to private parties. Tuccille argued that if even

8580-458: The firearm has a collectible status. The purpose of the C&;R license is to enable a collector to acquire C&R firearms for their personal collection and not to become a firearms dealer. (D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designed for such inspections which

8690-545: The firearm must normally also be in its original configuration to retain the C&R designation. So, for example, an unaltered Mauser Karabiner 98k rifle used by the German Army in World War II is a C&R firearm – but the same rifle "sporterized" with new stock and finish is generally not considered a C&R firearm. There is an ambiguous point in how the license is currently administered, in that some firearms altered by

8800-551: The immediate deaths of a deputy sheriff as well as the suspect, and the later suicide of ATF agent Jeff Ryan. Following the attacks on September 11, 2001, the ATF expanded regulations covering fuels used in amateur rocketry, including ammonium perchlorate composite propellant (APCP). Two rocketry clubs, the National Association of Rocketry (NAR) and the Tripoli Rocketry Association (TRA), argued that APCP

8910-425: The information obtained from the background check, or refuse to accept applications to start the background check process. Some states have passed "Shall-Certify" legislation requiring local law enforcement agencies to process and certify applications for those who pass the initial background check. A few states completely outlaw private citizens from obtaining NFA Title II weapons ("No-Certify"). Federal law imposes

9020-433: The interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968 . The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, commonly known as the "ATF") The federal firearms license was established to and implement the Gun Control Act of 1968 . The 1968 act

9130-539: The jurisdiction of the Gun Control Act, National Firearms Act, Arms Export Control Act, Organized Crime Control Act of 1970, and other Federal firearms and explosives laws and regulations. The remainder of the bureau is personnel in various staff and support roles from office administrative assistants to intelligence analysts, forensic scientists, legal counsel, and technical specialists. Additionally, ATF relies heavily on state and local task force officers to supplement

9240-702: The militaries that issued them have been confirmed by the ATF to retain C&R status, though whether this applies to all such conversions (the examples given by the ATF were the Spanish M1916 Guardia Civil, FR-7, and FR-8 Mausers) also remains ambiguous. However, as long as the receiver (the part of the firearm that is regulated by the ATF) is over 50 years old, the firearm qualifies as a Curio & Relic – ATF states explicitly that, in addition to newer firearms it individually approves, firearms automatically achieve C&R status upon turning 50, provided they are in

9350-693: The mishandling of intelligence at the USMS and FBI headquarters. The Ruby Ridge incident has become a lightning rod for legal activists within the gun rights community. On May 1, 1992, 50 ATF agents were summoned upon to provide extra support for local police departments in Los Angeles County in response to the ongoing Rodney King riots . The next day, the ATF activated its Special Response Team tactical unit to escort firefighters in high-risk areas, pair up with local police in protecting certain establishments, and execute search warrants for looted firearms. During

9460-413: The most restricted. Since 19 May 1986, no new machineguns can be registered for private ownership. A few states, such as New York , Delaware , and California , prohibit ownership of all or certain types of Title II weapons and devices. Most states allow legal ownership if the owner has complied with the federal registration and taxation requirements. A few states only allow possession of NFA firearms on

9570-515: The original configuration. If modified significantly, the 50-year clock resets to the date of modification. (Specific examples are available in the ATF FAQs.) Certain automatic firearms have been designated as C&R firearms, and a C&R may be used to acquire these as well. Collectors may acquire C&R firearms in interstate commerce, e.g., via mail or phone order or the Internet, or in person. (This

9680-415: The ownership of NFA firearms, including an extensive background check initiated by the applicant's local police department or Sheriff's office. In most states, certification of the local background check is discretionary ("May-Certify"), meaning the law enforcement agency charged with initiating the background check may deny certification of the background check either arbitrarily or for reasons unrelated to

9790-642: The position, a U.S. Attorney from Boston with a good reputation, but Republican Sens. Larry Craig and Michael D. Crapo , both from Idaho, blocked his confirmation after complaints from an Idaho firearms dealer. In 2010, President Barack Obama nominated Andrew L. Traver , head of the ATF's Denver division, to fill the top spot, but the Senate never held his confirmation hearings. The NRA strongly opposed Traver's nomination. Subsequent failed nominations included Fraternal Order of Police president Chuck Canterbury (nominated by Donald Trump) and former ATF agent David Chipman (nominated by Joe Biden). B. Todd Jones

9900-627: The reduction of violent crime offenses in United States districts with dedicated Project Safe Neighborhood Agents and United States Attorneys far outperformed the national average. An outgrowth of the Project Safe Neighborhoods framework was the creation of Violent Crime Impact Teams which worked proactively to identify, disrupt, arrest and prosecute the most violent criminals through innovative technology, analytical investigative resources and an integrated federal , state and local law enforcement strategy. Generally, about 90% of

10010-560: The regulation of explosives in the United States, as well as prosecution of persons engaged in criminal acts involving explosives. One of the most notable investigations successfully conducted by ATF agents was the tracing of the vehicle used in the World Trade Center 1993 bombings , which led to the arrest of persons involved in the conspiracy. ATF also enforces provisions of the Safe Explosives Act, passed after 9/11 to restrict

10120-537: The riots, a total of 4,690 firearms were looted and stolen; over the next 10 days, ATF recovered fewer than 200 firearms. The ATF was involved in the Waco Siege against the Branch Davidian religious sect near Waco, Texas , on February 28, 1993. ATF agents, accompanied by the press, conducted a raid to execute a federal search warrant on the sect's compound, known as Mt. Carmel . The Branch Davidians were alerted to

10230-551: The scene and a 51-day stand-off ensued, ending on April 19, 1993, after the complex caught fire. The follow-up investigation revealed the bodies of seventy-six people including twenty children inside the compound. A grand jury found that the deaths were suicides or otherwise caused by people inside the building. Shortly after the raid, the bureau's director, Stephen E. Higgins, retired early from his position. In December 1994, two ATF supervisory agents, Phillip J. Chojnacki and Charles D. Sarabyn, who were suspended for their roles in leading

10340-402: The shoulder. Modern pistols with shoulder stocks and with barrels less than 16 inches (41 cm) long, or overall length under 26 inches (66 cm), are NFA short barrelled rifles. ATF has removed some specified stocked handguns (e.g., original Mauser C96 and Luger utilizing an original shoulder stock) from the NFA as collectors' items ( Curios or Relics List); ATF treats them as pistols under

10450-532: The subjects covered in the training include training in firearms, physical techniques, driving techniques, handcuffing , interviewing, surveillance, crime scene management , photography, basic firearms training, and federal court procedures. The CITP lasts approximately 12 weeks. Each class consists of 48 students, of whom approximately half are ATF trainees. The remaining portion of the CITP class consists of students from other federal agencies. The second part of training

10560-583: The transfers were promotions. In June 2011, Vince Cefalu, an ATF special agent for 24 years who in December 2010 exposed ATF's Project Gunrunner scandal, was notified of his termination. Two days before the termination, Rep. Darrell Issa (R-CA), chairman of the House Committee on Oversight and Government Reform, sent a letter to the ATF warning officials not to retaliate against whistleblowers. Cefalu's dismissal followed allegations that ATF retaliates against whistleblowers. ATF spokesman Drew Wade denied that

10670-517: The unlawful use, manufacture, and possession of firearms and explosives ; acts of arson and bombings ; and illegal trafficking and tax evasion of alcohol and tobacco products. The ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce . Many of the ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods . The ATF operates

10780-446: The upcoming warrant execution, but ATF raid leaders pressed on, despite knowing the advantage of surprise was lost. (ATF Director Steve Higgins had promised Treasury Under Secretary for Enforcement Ron Noble that the Waco raid would be canceled if the ATF undercover agent Robert Rodriguez reported that the element of surprise had been lost.) The resulting exchange of gunfire killed six Davidians and four ATF agents. FBI HRT later took over

10890-470: The use/possession of explosives without a federal license to use them. ATF is considered to be the leading federal agency in most bombings that occur within the U.S., with exception to bombings related to international terrorism (investigated by the FBI). ATF currently trains the U.S. military in evidence recovery procedures after a bombing. All ATF Agents are trained in post-blast investigation; however ATF maintains

11000-605: The wake of the terrorist attack on the World Trade Center and the Pentagon on September 11, 2001, President George W. Bush signed into law the Homeland Security Act of 2002 . In addition to the creation of the Department of Homeland Security , the law shifted ATF from the Department of the Treasury to the Department of Justice . The agency's name was changed to Bureau of Alcohol, Tobacco, Firearms, and Explosives. However,

11110-470: Was acquitted. However, Weaver missed a February 20, 1991, court date because U.S. Probation Officer Richins mistakenly told Weaver that the trial date was March 20, and the US Marshals Service (USMS) was charged with bringing Weaver in. Weaver remained with his family in their mountain top cabin. On August 21, 1992, a USMS surveillance team encountered Weaver, a friend and family members on a trail near

11220-516: Was an update or revision of the Federal Firearms Act of 1938 (FFA), which required all manufacturers and dealers of firearms who ship or receive firearms or ammunition in interstate or foreign commerce to have a license, and forbade them from transferring any firearm or most ammunition to any person interstate unless certain conditions were met. As a practical matter, this did not affect the interstate commerce in firearms or ammunition, because

11330-622: Was changed to the Alcohol and Tobacco Tax Division (ATTD). In 1968, with the passage of the Gun Control Act , the agency changed its name again, this time to the Alcohol, Tobacco, and Firearms Division of the IRS and first began to be referred to by the initials "ATF". In Title XI of the Organized Crime Control Act of 1970, Congress enacted the Explosives Control Act, 18 U.S.C.A. Chapter 40, which provided for close regulation of

11440-450: Was nominated by President Barack Obama and confirmed by the Senate as permanent ATF director on July 31, 2013, serving until March 31, 2015. Jones was the only successful Senate-approved appointment until the Senate confirmed Steve Dettelbach in July 2022. Dettelbach's confirmation required a procedural maneuver to advance his nomination out of Senate Judiciary committee. It passed the evenly-divided Senate due to two Republicans voting with

11550-447: Was noted by the whistleblower that administrative officials were receiving this benefit, despite not being classified as criminal investigators. Curio and Relic Firearms#Collectors of Curio and Relic (C⁘R) Firearms A federal firearms license ( FFL ) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition , or

11660-416: Was recorded and presented to the court. Weaver refused to face his accusers and became a fugitive from justice. He maintained the barrels were a legal length, but after Fadeley took possession, the shotguns were later found to be shorter than allowed by federal law, requiring registration as a short-barreled shotgun and payment of a $ 200 tax. The ATF brought firearms charges against Weaver, but offered to drop

11770-436: Was singled out for harassment by two ATF agents. The owner of a gun shop testified that he thought agents questioned female customers too often. He said that times had changed and more women were shopping for guns, adding: "It seems, however, to be the prevailing opinion for law enforcement at the gun show that any woman who brings a male friend for advice or support must be making a straw purchase." A private investigator said

11880-457: Was submitted estimating that 75 percent of ATF gun prosecutions were aimed at ordinary citizens with no criminal intent. The Firearm Owners Protection Act of 1986 addressed some of the abuses noted in the 1982 Senate Judiciary Subcommittee report. The Ruby Ridge Siege began in June 1990. Randy Weaver sold two unregistered short barrel shotguns to Kenneth Fadeley, an ATF informant. This transaction

11990-651: Was that the target should house at least two of three federal law enforcement agencies : the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA). He regarded the presence of additional law enforcement agencies, such as the Secret Service or the U.S. Marshals Service , as a bonus. Until the September 11, 2001, attacks,

12100-456: Was with the adoption of the Gun Control Act (GCA) in 1968, which repealed most of the FFA, that the lawful interstate trade of firearms was limited almost entirely to persons holding a federal firearms license in the United States. As background checks were available by this time, enforcement of the GCA via the bottleneck provided by background checks and the FFL requirement was more effective than that of

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