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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 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 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.[2] The ATF has received criticism over the Ruby Ridge controversy,[3] the Waco siege controversy[4] and others.

Bureau of Alcohol, Tobacco, Firearms and Explosives
The ATF's seal
An ATF agent's badge
The ATF's flag
Common nameAlcohol, Tobacco and Firearms
AbbreviationATF
Agency overview
FormedJuly 1, 1972; 50 years ago (1972-07-01)[1]
Preceding agency
  • IRS Alcohol, Tobacco, and Firearms Division
Employees5,285 (2021)[2]
Annual budgetUS$~1.5 billion (2021)[2]
Jurisdictional structure
Federal agencyUnited States
Operations jurisdictionUnited States
General nature
Operational structure
HeadquartersAriel Rios Federal Building, Washington, D.C.
Agency executive
Parent agency
Website
www.atf.gov

History

 
The seal of the ATF when it was a part of the U.S. treasury department

The ATF was formerly part of the United States Department of the Treasury, having been formed in 1886 as the "Revenue Laboratory" within the Treasury Department's Bureau of Internal Revenue. The history of ATF can be subsequently traced to the time of the revenuers or "revenoors"[5] 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, 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 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),[6] and the ATU was given the additional responsibility of enforcing federal tobacco tax laws. At this time, the name of the ATU 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 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, 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 a new era where federal firearms and explosives laws addressing violent crime became the primary mission of the agency.[7] However, taxation and other alcohol issues remained priorities as 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 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.[8] The agency's name was changed to Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, 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 the Treasury Department.[9] These changes took effect January 24, 2003.

Activities

1972–2000

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 is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally, legally, and practically reprehensible."[10]: 20  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".[10] In hearings before ATF's Appropriations Subcommittee, testimony was submitted estimating that 75 percent of ATF gun prosecutions were aimed at ordinary citizens with no criminal intent.[10] The Firearm Owners Protection Act of 1986 addressed some of the abuses noted in the 1982 Senate Judiciary Subcommittee report.

Ruby Ridge Siege controversy

The Ruby Ridge Siege began in June 1990. Randy Weaver sold two unregistered short barrel shotguns to Kenneth Fadeley, an ATF informant. This transaction 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 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.[11] At his later trial, the gun charges were determined to be entrapment and Weaver 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 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 the mishandling of intelligence at the USMS and FBI headquarters.[12] 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 the riots, a total of 4,690 firearms were looted and stolen; over the next 10 days, ATF recovered few more than 200 firearms.[13]

Waco Siege controversy

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 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 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 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.[14]

Domestic terrorism towards ATF

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.[15] McVeigh's criterion for attack sites 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.[16] Until the September 11, 2001, attacks, 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.

2000–present

 
Initial flag of ATF as part of the U.S. Department of Justice; the Latin scroll was later replaced with one bearing the agency's name.

The ATF was criticized for poor planning leading up to a shootout at Stevenson Ranch, California, in 2001, which resulted in the immediate deaths of a deputy sheriff as well as the suspect, and the later suicide of ATF agent Jeff Ryan.[17][18]

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 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).[19][20][21]

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 the Richmond area to reduce straw purchases for criminals.[22]: 10  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."[22]: 19  A gun salesman testified that he was singled out for harassment by two ATF agents.[22]: 28  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."[22]: 38  A private investigator said 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."[22]: 41  The purchasers were compelled by an ATF letter to appear at ATF offices to explain and justify their purchases. ATF stated this was 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.[22]

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 a 59-month audit period between 2002 and 2007.[23]

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."[24] According to the Justice Department's Office of the Inspector General, "ATF told 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."[25] 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.[26][27][28][29][30] Many of these same guns are being recovered from crime scenes in Arizona[31] and throughout Mexico,[32] which 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.[33] ATF denied the transfers were promotions.[34]

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 the bureau is retaliating but declined to comment about Cefalu's case.[35][36]

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.[37]

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."[38] The NFAD 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.[38]

Director confirmation controversy

In 2006, 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.[39]) After that, the NRA lobbied against and effectively blocked all but one presidential nominee[39][40][41][42] until 2022.[43]

In 2007, President George W. Bush nominated Mike Sullivan for 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.[44][45] The NRA strongly opposed Traver's nomination.[46]

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).[47]

B. Todd Jones was nominated by President Barack Obama and confirmed by the Senate as permanent ATF director on July 31, 2013, serving until March 31, 2015.[39][48] 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 the Democrats to confirm.[43]

Violent crime

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.[49] This number had risen to over 12,000 prosecutions in FY 2007.[50] The annual FBI Uniform Crime Report (UCR) demonstrated that from 2001 to 2010, 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.[50] 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 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.[51] 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,[52] for an average of 1.2 cases per agent per year.

Personnel

ATF, as 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 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 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 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.[53] Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel.

Industry Operations Investigators (IOIs)[54] are the backbone of 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 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.[54]

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 the Special Agents and who are not officially part of the ATF roster.

Training

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 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.[55]

The second part of training is the Special Agent Basic Training (SABT), which is conducted at FLETC. The SABT for special agent trainees is a demanding and intensive training program that 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 a class of 24 student trainees.[55]

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 is mandatory in order for the newly hired IOI to maintain their employment.[56]

Special Response Teams

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.[57]

Firearms

Members of ATF special agent ranks are issued 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.[58]

Organization

The ATF is organized as follows:[59]

  • Director
    • Chief of Staff
    • Chief Counsel
  • Deputy Director (Chief Operating Officer)
    • Office of Field Operations
    • Office of Human Resources and Professional Development
    • Office of Management
    • Office of Enforcement Programs and Services
    • Office of Professional Responsibility and Security Operations
    • Office of Public and Governmental Affairs
    • Office of Science and Technology
    • Office of Strategic Intelligence and Information

Field divisions

The ATF has 26 field offices 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, Salt Lake City, 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, and in the Caribbean.[60]

Regulation of firearms

 
ATF investigators display weapons seized for violations of the Gun Control Act.

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 the Youth Crime Gun Interdiction Initiative, which expanded tracing of firearms recovered by law enforcement and the ongoing Comprehensive Crime Gun Tracing Initiative.[61] ATF also provides support to state and local investigators through the National Integrated Ballistic Identification Network (NIBIN) program.

In 2006, Congress made the ATF head subject to Senate confirmation; since then, only one nominee has not been blocked from heading the ATF in the Senate.[62]

Firearms tracing

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 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 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.[63]

Firearms ballistic tracing

ATF provides investigative support to its partners through 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 184,000 bullets and casings into the database, resulting in over 5,200 matches that provided investigative leads.[63]

Regulation of explosives

With the passage of the Organized Crime Control Act (OCCA) in 1970, ATF took over 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 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 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.

Directors

A list of ATF directors since becoming a Bureau on July 1, 1972:[citation needed]

  • 1970–1978: Rex D. Davis (b. 1924 – d. 2008)[7] (Prior to the establishment of ATF as an independent bureau within the Treasury Department in 1972, from 1970 to 1972, Davis headed its predecessor, the ATF division of the IRS, and oversaw its transition to an independent bureau.)
  • 1979–1982: G. R. Dickerson
  • 1982–1993: Stephen Higgins (b. 1938)
  • 1993–1999: John Magaw (b. 1935)
  • 1999–2004: Bradley A. Buckles (b. 1949)
  • 2004: Edgar A. Domenech (1st time—acting)
  • 2004–2006: Carl Truscott (b. 1957)
  • 2006: Edgar A. Domenech (2nd time—acting)
  • 2006–2009: Michael Sullivan (acting) (b. 1954)
  • 2009: Ronald "Ronnie" A. Carter (acting)
  • 2009–2011: Kenneth E. Melson (acting) (b. ~ 1948)
  • 2011–2015: B. Todd Jones[37] (acting 2011–2013; b. 1957)
  • April 1, 2015 – April 30, 2019: Thomas Brandon (ATF Deputy Director, Acting Director)[37][64]
  • May 1, 2019 – June 3, 2021: Regina Lombardo (ATF Deputy Director, Acting Director)[64]
  • June 4, 2021 – April 25, 2022: Marvin Richardson (ATF Deputy Director, Acting Director)[65]
  • April 25, 2022 – July 13, 2022: Gary M. Restaino (U.S. Attorney for the District of Arizona, Acting Director)[66]
  • July 13, 2022–Present: Steve Dettelbach (b. 1965) [67]

Criticism

Some media outlets have criticized 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,[68] and its setting up mentally disabled youths to take the fall during gun-and-drug stings.[69] After those abuses of individual rights and public trust, 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."[70]

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 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 the consequences would be a bit more serious than a single arrest and then business as usual despite a tut-tutting reprimand."[70]

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 its employees.[71] 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.[72] It was noted by the whistleblower that administrative officials were receiving this benefit, despite not being classified as criminal investigators.[73]

While the ATF is prohibited by law from having a gun registry, critics have noted that the ATF still maintains a gun registry.[74][75] Critics argue that documents obtained through FOIA requests found that the ATF "is maintaining a digital, searchable, centralized registry of guns and gun owners in violation of various federal prohibitions."[76][77] The critics also note that the ATF processed and digitized 50,000,000 records of gun dealers who went out of business in FY 2021.[78][79]

See also

References

  1. ^ "History of ATF". Bureau of Alcohol, Tobacco, Firearms and Explosives. 2009. Retrieved May 2, 2009.
  2. ^ a b c "Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)". The United States Department of Justice. Retrieved September 14, 2022.
  3. ^ "CITING RUBY RIDGE, SPECTER CALLS FOR ABOLITION OF ATF". The Washington Post. October 24, 1995.
  4. ^ "Official Says ATF Made Mistakes at Waco, Has Since Reformed". Associated Press. October 31, 1995.
  5. ^ . Atf.gov. Archived from the original on July 28, 2012. Retrieved June 17, 2012.
  6. ^ As early as the year 1918, however, the Bureau of Internal Revenue had begun using the name "Internal Revenue Service" on at least one tax form. See Form 1040, Individual Income Tax Return for year 1918, as republished in historical documents section of Publication 1796 (Rev. Feb. 2007), Internal Revenue Service, U.S. Department of the Treasury. Form 1040s for years 1918, 1919, and 1920 bore the name "Internal Revenue Service". For the tax years 1921 through 1928, the name was dropped, then was re-added for the 1929 tax year.
  7. ^ a b Holley, Joe (January 11, 2008). "Rex Davis, 83; ATF Ex-Chief, Moonshiners' Foe". The Washington Post. p. B07. Retrieved May 4, 2009.
  8. ^ "Move to Justice Dept. Brings ATF New Focus". Washington Post. January 23, 2003. from the original on March 11, 2023. Retrieved March 11, 2023.
  9. ^ "History". TTBGov. November 18, 2015. from the original on March 11, 2023. Retrieved March 11, 2023.
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Further reading

  • Moore, Jim (2001) [1997]. Very Special Agents: The Inside Story of America's Most Controversial Law Enforcement Agency—the Bureau of Alcohol, Tobacco, and Firearms (reprint, illustrated ed.). University of Illinois Press. p. 384. ISBN 978-0-252-07025-9. OCLC 123148330.

External links

bureau, alcohol, tobacco, firearms, explosives, redirects, here, other, uses, disambiguation, batf, redirects, here, gene, batf, gene, former, indian, taskforce, bangalore, agenda, task, force, batfe, commonly, referred, domestic, enforcement, agency, within, . ATF redirects here For other uses see ATF disambiguation BATF redirects here For the gene see BATF gene For the former Indian taskforce see Bangalore Agenda Task Force 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 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 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 2 The ATF has received criticism over the Ruby Ridge controversy 3 the Waco siege controversy 4 and others Bureau of Alcohol Tobacco Firearms and ExplosivesThe ATF s sealAn ATF agent s badgeThe ATF s flagCommon nameAlcohol Tobacco and FirearmsAbbreviationATFAgency overviewFormedJuly 1 1972 50 years ago 1972 07 01 1 Preceding agencyIRS Alcohol Tobacco and Firearms DivisionEmployees5 285 2021 2 Annual budgetUS 1 5 billion 2021 2 Jurisdictional structureFederal agencyUnited StatesOperations jurisdictionUnited StatesGeneral natureFederal law enforcementOperational structureHeadquartersAriel Rios Federal Building Washington D C Agency executiveSteve Dettelbach DirectorParent agencyDepartment of Justice 2003 present Department of the Treasury 1972 2003 Websitewww wbr atf wbr gov Contents 1 History 1 1 Activities 1 1 1 1972 2000 1 2 Ruby Ridge Siege controversy 1 3 Waco Siege controversy 1 4 Domestic terrorism towards ATF 1 4 1 2000 present 1 5 Director confirmation controversy 1 6 Violent crime 2 Personnel 3 Training 4 Special Response Teams 5 Firearms 6 Organization 6 1 Field divisions 7 Regulation of firearms 7 1 Firearms tracing 7 2 Firearms ballistic tracing 8 Regulation of explosives 9 Directors 10 Criticism 11 See also 12 References 13 Further reading 14 External linksHistory Edit The seal of the ATF when it was a part of the U S treasury department The ATF was formerly part of the United States Department of the Treasury having been formed in 1886 as the Revenue Laboratory within the Treasury Department s Bureau of Internal Revenue The history of ATF can be subsequently traced to the time of the revenuers or revenoors 5 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 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 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 6 and the ATU was given the additional responsibility of enforcing federal tobacco tax laws At this time the name of the ATU 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 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 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 a new era where federal firearms and explosives laws addressing violent crime became the primary mission of the agency 7 However taxation and other alcohol issues remained priorities as 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 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 8 The agency s name was changed to Bureau of Alcohol Tobacco Firearms and Explosives However 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 the Treasury Department 9 These changes took effect January 24 2003 Activities Edit 1972 2000 Edit 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 is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally legally and practically reprehensible 10 20 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 10 In hearings before ATF s Appropriations Subcommittee testimony was submitted estimating that 75 percent of ATF gun prosecutions were aimed at ordinary citizens with no criminal intent 10 The Firearm Owners Protection Act of 1986 addressed some of the abuses noted in the 1982 Senate Judiciary Subcommittee report Ruby Ridge Siege controversy Edit Main article Ruby Ridge The Ruby Ridge Siege began in June 1990 Randy Weaver sold two unregistered short barrel shotguns to Kenneth Fadeley an ATF informant This transaction 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 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 11 At his later trial the gun charges were determined to be entrapment and Weaver 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 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 the mishandling of intelligence at the USMS and FBI headquarters 12 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 the riots a total of 4 690 firearms were looted and stolen over the next 10 days ATF recovered few more than 200 firearms 13 Waco Siege controversy Edit Main article Waco Siege 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 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 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 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 14 Domestic terrorism towards ATF Edit Main article Oklahoma City Bombing 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 15 McVeigh s criterion for attack sites 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 16 Until the September 11 2001 attacks 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 2000 present Edit Initial flag of ATF as part of the U S Department of Justice the Latin scroll was later replaced with one bearing the agency s name The ATF was criticized for poor planning leading up to a shootout at Stevenson Ranch California in 2001 which resulted in the immediate deaths of a deputy sheriff as well as the suspect and the later suicide of ATF agent Jeff Ryan 17 18 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 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 19 20 21 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 the Richmond area to reduce straw purchases for criminals 22 10 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 22 19 A gun salesman testified that he was singled out for harassment by two ATF agents 22 28 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 22 38 A private investigator said 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 22 41 The purchasers were compelled by an ATF letter to appear at ATF offices to explain and justify their purchases ATF stated this was 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 22 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 a 59 month audit period between 2002 and 2007 23 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 24 According to the Justice Department s Office of the Inspector General ATF told 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 25 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 26 27 28 29 30 Many of these same guns are being recovered from crime scenes in Arizona 31 and throughout Mexico 32 which 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 33 ATF denied the transfers were promotions 34 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 the bureau is retaliating but declined to comment about Cefalu s case 35 36 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 37 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 38 The NFAD 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 38 Director confirmation controversy Edit In 2006 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 39 After that the NRA lobbied against and effectively blocked all but one presidential nominee 39 40 41 42 until 2022 43 In 2007 President George W Bush nominated Mike Sullivan for 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 44 45 The NRA strongly opposed Traver s nomination 46 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 47 B Todd Jones was nominated by President Barack Obama and confirmed by the Senate as permanent ATF director on July 31 2013 serving until March 31 2015 39 48 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 the Democrats to confirm 43 Violent crime Edit 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 49 This number had risen to over 12 000 prosecutions in FY 2007 50 The annual FBI Uniform Crime Report UCR demonstrated that from 2001 to 2010 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 50 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 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 51 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 52 for an average of 1 2 cases per agent per year Personnel EditATF as 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 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 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 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 53 Special Agents currently comprise around 2 400 of the Agency s approximately 5 000 personnel Industry Operations Investigators IOIs 54 are the backbone of 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 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 54 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 the Special Agents and who are not officially part of the ATF roster Training EditBasic 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 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 55 The second part of training is the Special Agent Basic Training SABT which is conducted at FLETC The SABT for special agent trainees is a demanding and intensive training program that 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 a class of 24 student trainees 55 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 is mandatory in order for the newly hired IOI to maintain their employment 56 Special Response Teams EditATF 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 57 Firearms EditMembers of ATF special agent ranks are issued 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 58 Organization EditThe ATF is organized as follows 59 Director Chief of Staff Chief Counsel Deputy Director Chief Operating Officer Office of Field Operations Office of Human Resources and Professional Development Office of Management Office of Enforcement Programs and Services Office of Professional Responsibility and Security Operations Office of Public and Governmental Affairs Office of Science and Technology Office of Strategic Intelligence and InformationField divisions Edit The ATF has 26 field offices 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 Salt Lake City 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 and in the Caribbean 60 Regulation of firearms Edit ATF investigators display weapons seized for violations of the Gun Control Act 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 the Youth Crime Gun Interdiction Initiative which expanded tracing of firearms recovered by law enforcement and the ongoing Comprehensive Crime Gun Tracing Initiative 61 ATF also provides support to state and local investigators through the National Integrated Ballistic Identification Network NIBIN program In 2006 Congress made the ATF head subject to Senate confirmation since then only one nominee has not been blocked from heading the ATF in the Senate 62 Firearms tracing Edit 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 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 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 63 Firearms ballistic tracing Edit ATF provides investigative support to its partners through 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 184 000 bullets and casings into the database resulting in over 5 200 matches that provided investigative leads 63 Regulation of explosives EditWith the passage of the Organized Crime Control Act OCCA in 1970 ATF took over 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 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 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 Directors EditA list of ATF directors since becoming a Bureau on July 1 1972 citation needed 1970 1978 Rex D Davis b 1924 d 2008 7 Prior to the establishment of ATF as an independent bureau within the Treasury Department in 1972 from 1970 to 1972 Davis headed its predecessor the ATF division of the IRS and oversaw its transition to an independent bureau 1979 1982 G R Dickerson 1982 1993 Stephen Higgins b 1938 1993 1999 John Magaw b 1935 1999 2004 Bradley A Buckles b 1949 2004 Edgar A Domenech 1st time acting 2004 2006 Carl Truscott b 1957 2006 Edgar A Domenech 2nd time acting 2006 2009 Michael Sullivan acting b 1954 2009 Ronald Ronnie A Carter acting 2009 2011 Kenneth E Melson acting b 1948 2011 2015 B Todd Jones 37 acting 2011 2013 b 1957 April 1 2015 April 30 2019 Thomas Brandon ATF Deputy Director Acting Director 37 64 May 1 2019 June 3 2021 Regina Lombardo ATF Deputy Director Acting Director 64 June 4 2021 April 25 2022 Marvin Richardson ATF Deputy Director Acting Director 65 April 25 2022 July 13 2022 Gary M Restaino U S Attorney for the District of Arizona Acting Director 66 July 13 2022 Present Steve Dettelbach b 1965 67 Criticism EditSome media outlets have criticized 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 68 and its setting up mentally disabled youths to take the fall during gun and drug stings 69 After those abuses of individual rights and public trust 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 70 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 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 the consequences would be a bit more serious than a single arrest and then business as usual despite a tut tutting reprimand 70 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 its employees 71 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 72 It was noted by the whistleblower that administrative officials were receiving this benefit despite not being classified as criminal investigators 73 While the ATF is prohibited by law from having a gun registry critics have noted that the ATF still maintains a gun registry 74 75 Critics argue that documents obtained through FOIA requests found that the ATF is maintaining a digital searchable centralized registry of guns and gun owners in violation of various federal prohibitions 76 77 The critics also note that the ATF processed and digitized 50 000 000 records of gun dealers who went out of business in FY 2021 78 79 See also Edit United States portal Politics portalTitle 27 of the Code of Federal Regulations ATF gunwalking scandal Center for Intelligence and Security Studies Diplomatic Security Service DSS Drug Enforcement Administration DEA Immigration and Customs Enforcement ICE List of United States federal law enforcement agencies Under and AloneReferences Edit History of ATF Bureau of Alcohol Tobacco Firearms and Explosives 2009 Retrieved May 2 2009 a b c Bureau of Alcohol Tobacco Firearms and Explosives ATF The United States Department of Justice Retrieved September 14 2022 CITING RUBY RIDGE SPECTER CALLS FOR ABOLITION OF ATF The Washington Post October 24 1995 Official Says ATF Made Mistakes at Waco Has Since Reformed Associated Press October 31 1995 History of ATF from Oxford University Press Inc 1789 1998 U S Atf gov Archived from the original on July 28 2012 Retrieved June 17 2012 As early as the year 1918 however the Bureau of Internal Revenue had begun using the name Internal Revenue Service on at least one tax form See Form 1040 Individual Income Tax Return for year 1918 as republished in historical documents section of Publication 1796 Rev Feb 2007 Internal Revenue Service U S Department of the Treasury Form 1040s for years 1918 1919 and 1920 bore the name Internal Revenue Service For the tax years 1921 through 1928 the name was dropped then was re added for the 1929 tax year a b Holley Joe January 11 2008 Rex Davis 83 ATF Ex Chief Moonshiners Foe The Washington Post p B07 Retrieved May 4 2009 Move to Justice Dept Brings ATF New Focus Washington Post January 23 2003 Archived from the original on March 11 2023 Retrieved March 11 2023 History TTBGov November 18 2015 Archived from the original on March 11 2023 Retrieved March 11 2023 a b c Committee on the Judiciary Subcommittee on the Constitution February 1982 The Right to Keep and Bear Arms Report of the Subcommittee on the Constitution of the Committee on the Judiciary United States Senate Ninety seventh Congress Second Session PDF constitution org U S Government Archived PDF from the original on July 12 2020 Retrieved December 13 2021 a href Template Cite web html title Template Cite web cite web a CS1 maint uses authors parameter link Cover and pages 19 23 Ruby Ridge Report of the Senate Subcommittee on Terrorism Technology and Government Information 1995 It was later established that these rumors were unfounded D O J Office of Professional Responsibility Ruby Ridge Task Force Report PDF U S Department of Justice June 10 1994 Archived from the original PDF on April 21 2009 Retrieved April 30 2009 Civil Disorder What Do We Know How Should We Prepare PDF Police Foundation April 1993 p 46 2 Agents Suspended in Waco Raid Are Reinstated The New York Times Associated Press December 25 1994 Retrieved November 5 2021 See McVeigh Remorseless About Bombing newswire release Associated Press 2001 03 29 reposted at Cult Education Institute accessed July 4 2015 Michel Lou Dan Herbeck 2001 American Terrorist Scientific American Vol 284 p 167 Bibcode 2001SciAm 284f 28D doi 10 1038 scientificamerican0601 28 ISBN 978 0 06 039407 3 PMID 11396336 SHUSTER BETH RICCARDI NICHOLAS December 19 2001 Antonovich Is Critical of ATF Over Shootout Los Angeles Times Local ATF agent Jeff Ryan was haunted by LA shooting plagued by PTSD before taking his life October 14 2012 Westerfield Mike 2014 Make Rockets Down to Earth Rocket Science Maker Media p 58 ISBN 978 1 4571 8631 8 Brown Patricia Leigh October 14 2006 A Cult of Backyard Rocketeers Keeps the Solid Fuel Burning The New York Times Sullivan Jack March 6 2003 Hobbyists Complain About New ATF Rules a b c d e f Committee on the Judiciary Subcommittee on Crime Terrorism and Homeland Security February 2006 Bureau of Alcohol Tobacco Firearms and Explosives BATFE Gun Show Enforcement Hearing house gov U S Government Retrieved July 1 2011 a href Template Cite web html title Template Cite web cite web a CS1 maint uses authors parameter link U S Department of Justice Office of the Inspector General Audit Division September 2008 The Bureau of Alcohol Tobacco Firearms and Explosive s Controls Over Its Weapons Laptop Computers and Other Sensitive Property PDF justice gov U S Government Retrieved January 21 2011 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Ross Brian RICHARD ESPOSITO JOSEPH RHEE May 2008 ATF Phoenix Gun Dealer Supplied Mexican Drug Cartels ABC News Retrieved February 14 2011 U S DOJ November 2010 Review of ATF s Project Gunrunner PDF U S Department of Justice Office of the Inspector General Evaluation and Inspections Division U S Department of Justice Office of the Inspector General Evaluation and Inspections Division Retrieved January 29 2012 US v Avila Indictment PDF U S Department of Justice U S Department of Justice 2011 Archived from the original PDF on February 6 2011 Retrieved February 14 2011 US v Flores Indictment PDF U S Department of Justice U S Department of Justice 2011 Archived from the original PDF on February 20 2011 Retrieved February 14 2011 US v Broome Indictment PDF U S Department of Justice U S Department of Justice 2011 Archived from the original PDF on February 20 2011 Retrieved February 14 2011 US v Aguilar Indictment PDF U S Department of Justice U S Department of Justice 2011 Archived from the original PDF on February 20 2011 Retrieved February 14 2011 US v Abarca Indictment PDF U S Department of Justice U S Department of Justice 2011 Archived from the original PDF on February 20 2011 Retrieved February 14 2011 Gliha Lori July 1 2011 Weapons linked to controversial ATF strategy found in Valley crimes KNXV TV ABC15 com KNXV TV ABC15 com Archived from the original on July 3 2011 Retrieved July 1 2011 Fast and Furious Investigation PDF BATFE U S Department of Justice 2011 Archived from the original PDF on February 20 2011 Retrieved February 14 2011 Serrano Richard August 16 2011 ATF promotes supervisors in controversial gun operation Los Angeles Times Retrieved August 21 2011 Serrano Richard August 17 2011 ATF denies it promoted Fast and Furious supervisors Los Angeles Times Retrieved August 21 2011 O Reilly Bill June 30 2011 ATF Whistleblower Speaks Out About Botched Gun Operation Fox News Fox News Retrieved July 1 2011 Lott Maxim June 27 2011 Project Gunrunner Whistleblower Says ATF Sent Him Termination Notice Fox News Fox News Retrieved July 1 2011 a b c Date Jack Levine Mike March 20 2015 ATF Director B Todd Jones Stepping Down After Nearly 4 Years on Job ABC News Archived from the original on March 20 2015 Retrieved November 19 2021 a b Audit of the Bureau of Alcohol Tobacco Firearms and Explosives Firearm Disposal Practices a b c Horwitz Sari July 31 2013 Senate confirms ATF director The Washington Post Retrieved June 25 2014 Yager Jordy June 18 2013 Sen Durbin pressures gun lobby with threat to move ATF authority to FBI The Hill Capitol Hill Publishing Retrieved June 25 2014 Serrano Richard A July 11 2013 ATF nominee faces obstacles to confirmation Los Angeles Times Retrieved June 25 2014 Gangitano Alex April 11 2022 Biden nominates Steve Dettelbach for top guns post The Hill Retrieved April 18 2022 The Senate has confirmed only one ATF nominee in 2013 since the position required confirmation from the chamber a b Thrush Glenn July 12 2022 Senate Confirms Biden s Pick to Direct A T F The New York Times ISSN 0362 4331 Retrieved July 13 2022 Puschak Evan December 26 2012 ATF Handicapped by Laws and a Lack of Leader NBC Universal Retrieved January 7 2013 Lavoie Denise October 13 2008 ATF Director s Confirmation Blocked by GOP USA Today Associated Press Retrieved January 7 2013 Skiba Katherine February 16 2011 Gun Lobby Stands Firm in Opposing Obama s ATF Nominee Chicago Gang Fighter Called Wrong Choice To Head Agency Chicago Tribune Retrieved January 7 2012 Thrush Glenn Benner Katie April 11 2022 Biden Names Former Federal Prosecutor to Lead A T F The New York Times ISSN 0362 4331 Retrieved April 18 2022 If confirmed Mr Dettelbach would become only the second permanent director in the past 15 years of the A T F ATF Announces B Todd Jones to Depart Press release Bureau of Alcohol Tobacco Firearms and Explosives March 20 2015 Archived from the original on September 10 2015 Bureau of Justice Assistance Re Direct PDF Ojp usdoj gov Archived from the original PDF on March 4 2012 Retrieved June 17 2012 a b https www ncjrs gov pdffiles1 nij grants 226686 pdf pages 62 64 TRAC Detail Reports Transactional Records Access Clearinghouse Syracuse University Retrieved June 17 2012 TRAC Detail Reports Transactional Records Access Clearinghouse Retrieved June 17 2012 Prison sentences which initially rose have now fallen Transactional Records Access Clearinghouse Syracuse University Retrieved May 18 2009 a b Becoming an Industry Operations Investigator Bureau of Alcohol Tobacco Firearms and Explosives www atf gov Retrieved December 18 2022 a b Special Agent Training Bureau of Alcohol Tobacco Firearms and Explosives Retrieved May 17 2017 This article incorporates text from this source which is in the public domain Industry Operations Investigator Training Bureau of Alcohol Tobacco Firearms and Explosives www atf gov Retrieved September 20 2018 Special response teams ATF Special Response Teams FACT SHEET ATF gov Retrieved June 25 2021 Organization Structure Bureau of Alcohol Tobacco Firearms and Explosives ATF Retrieved October 8 2016 ATF Field Divisions Bureau of Alcohol Tobacco Firearms and Explosives Retrieved December 26 2018 ATF Snapshot 2006 Bureau of Alcohol Tobacco Firearms and Explosives Archived from the original on December 3 2009 Thrush Glenn Hakim Danny McIntire Mike May 2 2021 How the A T F Key to Biden s Gun Plan Became an N R A Whipping Boy The New York Times ISSN 0362 4331 Retrieved May 3 2021 a b ATF Snapshot 2008 Bureau of Alcohol Tobacco Firearms and Explosives Archived from the original on November 10 2010 a b Attorney General Appoints Regina Lombardo Acting Deputy Director of the Bureau of Alcohol Tobacco Firearms and Explosives Office of Public Affairs U S Department of Justice April 24 2019 Retrieved June 10 2019 Executive Staff Bureau of Alcohol Tobacco Firearms and Explosives www atf gov Retrieved September 10 2021 Executive Staff Bureau of Alcohol Tobacco Firearms and Explosives www atf gov Retrieved June 18 2022 ATFHQ July 13 2022 ATF welcomes our newly confirmed Director Steven Dettelbach Tweet via Twitter Riggs Mike September 30 2011 Operation Fast and Furious Is Just the Tip of the Iceberg reason com Reason Retrieved November 1 2022 Gillespie Nick December 9 2013 Unbelievable ATF Using Mentally Disabled Teens to Run Drug and Gun Stings reason com Reason Retrieved November 1 2022 a b Tuccille J D October 31 2022 ATF Enforcer of Gun Laws Lost Thousands of Firearms Firearm Parts to Thieves reason com Reason Retrieved November 1 2022 Whistleblower claims Bureau of Alcohol Tobacco Firearms and Explosives personnel were improperly paid bonuses reserved for criminal investigators CBS News October 5 2021 Whistleblower claims Bureau of Alcohol Tobacco Firearms and Explosives personnel were improperly paid bonuses reserved for criminal investigators CBS News October 5 2021 Whistleblower claims Bureau of Alcohol Tobacco Firearms and Explosives personnel were improperly paid bonuses reserved for criminal investigators CBS News October 5 2021 Gun rights group s ATF report accuses agency of making illegal gun registry as Cruz takes aim in Senate Fox News May 24 2022 ATF s Illegal Gun Owner Registry PDF Retrieved February 13 2023 Gun rights group s ATF report accuses agency of making illegal gun registry as Cruz takes aim in Senate Fox News May 24 2022 ATF s Illegal Gun Owner Registry PDF Retrieved February 13 2023 Gun rights group s ATF report accuses agency of making illegal gun registry as Cruz takes aim in Senate Fox News May 24 2022 ATF s Illegal Gun Owner Registry PDF Retrieved February 13 2023 Further reading EditMoore Jim 2001 1997 Very Special Agents The Inside Story of America s Most Controversial Law Enforcement Agency the Bureau of Alcohol Tobacco and Firearms reprint illustrated ed University of Illinois Press p 384 ISBN 978 0 252 07025 9 OCLC 123148330 External links EditOfficial website Bureau of Alcohol Tobacco Firearms and Explosives in the Federal Register Bureau of Alcohol Tobacco Firearms and Explosives at the Wayback Machine archived January 17 1998 Retrieved from https en wikipedia org w index php title Bureau of Alcohol Tobacco Firearms and Explosives amp oldid 1150859802, wikipedia, wiki, book, books, library,

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