HOME

TheInfoList



OR:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as ATF, is a domestic
law enforcement agency A law enforcement agency (LEA) is any government agency responsible for law enforcement within a specific jurisdiction through the employment and deployment of law enforcement officers and their resources. The most common type of law enforcement ...
within the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
. Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of
firearm A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originate ...
s and
explosive An explosive (or explosive material) is a reactive substance that contains a great amount of potential energy that can produce an explosion if released suddenly, usually accompanied by the production of light, heat, sound, and pressure. An ex ...
s; acts of
arson Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercr ...
and
bomb A bomb is an explosive weapon that uses the exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-transmitted mechan ...
ings; and illegal trafficking and
tax evasion Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to red ...
of
alcohol Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...
and
tobacco Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ...
products. ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in
interstate commerce The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
. Many of 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 Project Safe Neighborhoods (PSN) is a national initiative by the United States Department of Justice with the help of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to reduce gun violence in the United States. The project's aim is to ...
. ATF operates a unique fire research laboratory in
Beltsville, Maryland Beltsville is a census-designated place (CDP) in northern Prince George's County, Maryland, United States. The community was named for Truman Belt, a local landowner. The 2020 census counted 20,133 residents. Beltsville includes the unincorporate ...
, where full-scale mock-ups of criminal arson can be reconstructed. ATF had 5,285 employees and an annual budget of almost $1.5 billion in 2021. ATF has received criticism over its handling of the investigation leading up to the Ruby Ridge standoff and the
Waco siege The Waco siege, also known as the Waco massacre, was the siege by US federal government and Texas state law enforcement officials of a compound belonging to the religious cult known as the Branch Davidians, between February 28 and April 19, 1993 ...
.


History

ATF was formerly part of the
United States Department of the Treasury The Department of the Treasury (USDT) is the Treasury, national treasury and finance department of the federal government of the United States. It is one of 15 current United States federal executive departments, U.S. government departments. ...
, 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" and the
Bureau of Prohibition The Bureau of Prohibition (or Prohibition Unit) was the United States federal law enforcement agency with the responsibility of investigating the possession, distribution, consumption, and trafficking of alcohol and alcoholic beverages in the Unit ...
, 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 The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
in 1933. When the
Volstead Act The National Prohibition Act, known informally as the Volstead Act, was an act of the 66th United States Congress designed to execute the 18th Amendment (ratified January 1919) which established the prohibition of alcoholic drinks. The Anti- ...
, which established
Prohibition in the United States The Prohibition era was the period from 1920 to 1933 when the United States prohibited the production, importation, transportation, and sale of alcoholic beverages. The alcohol industry was curtailed by a succession of state legislatures, an ...
, was
repeal A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law ...
ed 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 Eliot Ness (April 19, 1903 – May 16, 1957) was an American Bureau of Prohibition, Prohibition agent known for his efforts to bring down Al Capone while enforcing Prohibition in the United States, Prohibition in Chicago. He was leader of a team ...
and several members of The Untouchables, who had worked for the Prohibition Bureau while the
Volstead Act The National Prohibition Act, known informally as the Volstead Act, was an act of the 66th United States Congress designed to execute the 18th Amendment (ratified January 1919) which established the prohibition of alcoholic drinks. The Anti- ...
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 The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
" (IRS), 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. 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 Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war a ...
on the World Trade Center and
the Pentagon The Pentagon is the headquarters building of the United States Department of Defense, in Arlington County, Virginia, across the Potomac River from Washington, D.C. The building was constructed on an accelerated schedule during World War II. As ...
on September 11, 2001, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
signed into law the
Homeland Security Act of 2002 The Homeland Security Act (HSA) of 2002 () was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. The act passed the U.S. Senate by a vote of ...
. In addition to the creation of the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior, home, or public security ministries in other countries. Its missions invol ...
, the law shifted ATF from the Department of the Treasury to the
Department of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. The agency's name was changed to Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, the agency still was referred to as "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 The Alcohol and Tobacco Tax and Trade Bureau, statutorily named the Tax and Trade Bureau and frequently shortened to TTB, is a bureau of the United States Department of the Treasury, which regulates and collects taxes on trade and imports of alc ...
(TTB), which remained within the Treasury Department. 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." Cover and pages 19–23 The Subcommittee received evidence that ATF primarily devoted its firearms enforcement efforts to the apprehension, upon technical ''
malum prohibitum ''Malum prohibitum'' (plural ''mala prohibita'', literal translation: "wrong s or becauseprohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is e ...
'' 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 was submitted estimating that 75 percent of ATF gun prosecutions were aimed at ordinary citizens with no criminal intent. The
Firearm Owners Protection Act The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968. Federal firearms law reform Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and ...
of 1986 addressed some of the abuses noted in the 1982 Senate Judiciary Subcommittee report.


Ruby Ridge Siege controversy

The Ruby Ridge standoff 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's court date was changed to the day after his original day but Weaver was not notified, and did not appear. 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. 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. At his later trial, the gun charges were determined to be
entrapment Entrapment is a practice in which a law enforcement agent or an agent of the state induces a person to commit a crime that the person would have otherwise been unlikely or unwilling to commit.''Sloane'' (1990) 49 A Crim R 270. See also agent prov ...
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. The Ruby Ridge incident has become a lightning rod for legal activists within the gun rights community.


Rodney King riots

On May 1, 1992, 50 ATF agents were summoned upon to provide extra support for local police departments in
Los Angeles County Los Angeles County, officially the County of Los Angeles and sometimes abbreviated as LA County, is the most populous county in the United States, with 9,663,345 residents estimated in 2023. Its population is greater than that of 40 individua ...
in response to the ongoing
Rodney King riots The 1992 Los Angeles riots were a series of riots and civil disturbances that occurred in Los Angeles County, California, United States, during April and May 1992. Unrest began in South Los Angeles, South Central Los Angeles on April 29, after ...
. The next day, 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 warrant A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...
s for looted firearms. During the riots, a total of 4,690 firearms were looted and stolen; over the next 10 days, ATF recovered fewer than 200 firearms.


Waco Siege controversy

ATF was involved in the
Waco Siege The Waco siege, also known as the Waco massacre, was the siege by US federal government and Texas state law enforcement officials of a compound belonging to the religious cult known as the Branch Davidians, between February 28 and April 19, 1993 ...
against the
Branch Davidian The Branch Davidians (or the General Association of Branch Davidian Seventh-day Adventists, or the Branch Seventh-day Adventists) are a religious sect founded in 1955 by Benjamin Roden. They regard themselves as a continuation of the General A ...
religious sect near
Waco, Texas Waco ( ) is a city in and the county seat of McLennan County, Texas, United States. It is situated along the Brazos River and Interstate 35, I-35, halfway between Dallas and Austin, Texas, Austin. The city had a U.S. census estimated 2024 popul ...
, 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.


Domestic terrorism towards ATF

Timothy McVeigh Timothy James McVeigh (April 23, 1968 – June 11, 2001) was an American domestic terrorist who masterminded and perpetrated the Oklahoma City bombing on April 19, 1995. The bombing itself killed 167 people (including 19 children), injured ...
cited Ruby Ridge and Waco Siege as his motivation for the
Oklahoma City Bombing The Oklahoma City bombing was a domestic terrorist truck bombing of the Alfred P. Murrah Federal Building in Oklahoma City, United States, on April 19, 1995. The bombing remains the deadliest act of domestic terrorism in U.S. history. Perpetr ...
, which took place on April 19, 1995, exactly two years after the end of the Waco Siege. 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 The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
(FBI), and the
Drug Enforcement Administration The Drug Enforcement Administration (DEA) is a Federal law enforcement in the United States, United States federal law enforcement agency under the U.S. Department of Justice tasked with combating illicit Illegal drug trade, drug trafficking a ...
(DEA). He regarded the presence of additional law enforcement agencies, such as the
Secret Service A secret service is a government agency, intelligence agency, or the activities of a government agency, concerned with the gathering of intelligence data. The tasks and powers of a secret service can vary greatly from one country to another. For i ...
or the
U.S. Marshals Service The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the U.S. federal judiciary. It is an agency of the U.S. Department of Jus ...
, as a bonus. 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

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. Following the attacks on September 11, 2001, 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 ATF in 2009, lifting the government restrictions. The associations maintain their own restrictions, and rocketry is also regulated by the
Federal Aviation Administration The Federal Aviation Administration (FAA) is a Federal government of the United States, U.S. federal government agency within the United States Department of Transportation, U.S. Department of Transportation that regulates civil aviation in t ...
(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 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 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 the
National Rifle Association The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent Gun politics in the United States, gun rights ...
(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 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 In the United States, Office of Inspector General (OIG) is a generic term for the oversight division of a List of federal agencies in the United States, federal or state agency aimed at preventing inefficient or unlawful operations within their p ...
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. 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 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 The AK-47, officially known as the Avtomat Kalashnikova (; also known as the Kalashnikov or just AK), is an assault rifle that is chambered for the 7.62×39mm cartridge. Developed in the Soviet Union by Russian small-arms designer Mikhail Kala ...
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 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 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 Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician serving as the U.S. representative for California's 48th congressional district. He represented the 50th congressional district from 2021 to 2023. A memb ...
(R-CA), chairman of the House Committee on Oversight and Government Reform, sent a letter to 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. In 2015, a proposal by 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 is the branch of ATF used to dispose of firearms forfeited to ATF. The report also stated that 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.


Director confirmation controversy

In 2006, the
National Rifle Association The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent Gun politics in the United States, gun rights ...
(NRA) lobbied
U.S. Representative The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of th ...
F. James Sensenbrenner to add a provision to the Patriot Act reauthorization that requires
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
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 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 ATF's Denver Field 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 The National Fraternal Order of Police (FOP) is a fraternal organization consisting of sworn law enforcement officers in the United States. It reports a membership of over 355,000 members organized in 2,100 local chapters (lodges), state lodge ...
president Chuck Canterbury (nominated by Donald Trump) and former ATF agent David Chipman (nominated by Joe Biden). 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. Jones was the only successful Senate-approved appointment until the Senate confirmed
Steve Dettelbach Steven Michael Dettelbach (born November 29, 1965) is an American lawyer who served as the eighth director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from 2022 to 2025. He was the United States attorney for the Northern D ...
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.


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 Project Safe Neighborhoods (PSN) is a national initiative by the United States Department of Justice with the help of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to reduce gun violence in the United States. The project's aim is to ...
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.https://www.ncjrs.gov/pdffiles1/nij/grants/226686.pdf pages 62–64 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. An outgrowth of the Project Safe Neighborhoods framework was the creation of
Violent Crime Impact Teams Violent Crime Impact Teams (VCIT) in the United States work proactively to identify, disrupt, arrest and prosecute the most violent criminals through innovative technology, analytical investigative resources and an integrated federal, state and ...
which worked proactively to identify, disrupt,
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
and
prosecute A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
the most violent criminals through innovative technology, analytical investigative resources and an integrated federal,
state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
and local
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
enforcement Enforcement is the proper execution of the process of ensuring compliance with laws, regulations, rules, standards, and social norms. Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations. En ...
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.


Personnel

ATF, as a bureau, consists of several different groups that each have their own respective role, commanded by a director.
Special Agent In the United States, a special agent is an official title used to refer to certain investigators or detectives of federal, military, tribal, or state agencies who primarily serve in criminal investigatory positions. Additionally, some special ...
s 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 . Specifically, ATF Special Agents have lead investigative authority on any
federal crime In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prose ...
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. Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel. Industry Operations Investigators (IOIs) 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. 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 The Federal Law Enforcement Training Centers (FLETC; pronounced ) is a law enforcement training school under the United States Department of Homeland Security, serving 105 federal law enforcement agencies within the United States federal governm ...
(FLETC) in
Glynco, Georgia Glynco is an area in Glynn County, Georgia located on the northwestern edge of Brunswick, Georgia. Glynco is a portmanteau of the words "Glynn County". History In 1942, the Naval Air Station Glynco was established on the area now known as Glynco. ...
. 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. The second part of training 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 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 is mandatory in order for the newly hired IOI to maintain their employment.


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.


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 carbine The M4 carbine (officially Carbine, Caliber 5.56 mm, M4) is a 5.56×45mm NATO assault rifle developed in the United States during the 1980s. It is a shortened version of the M16A2 assault rifle. The M4 is extensively used by the US mi ...
s and other firearms.


Organization

ATF is organized as follows: * 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

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 the Caribbean.


Regulation of firearms

ATF is responsible for regulating
firearm A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originate ...
commerce in the United States. The bureau issues
federal firearms license 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 the interstate and intrastate sale of ...
s (FFL) to sellers and conducts firearms licensee inspections. The bureau is also involved in programs aimed at reducing
gun violence in the United States Gun violence is a term of political, economic and sociological interest referring to the tens of thousands of annual firearms-related deaths and injuries occurring in the United States. In 2016, a U.S. male aged 15–24 was 70 times more likely ...
, 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. 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 ATF in the Senate. Steven Dettelbach became the second in July 2022 after being nominated by President Joe Biden.


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.


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 183,000 bullets and casings into the database, resulting in over 5,200 matches that provided investigative leads.


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: ''Unnumbered rows denote acting directors.'' Table notes


Criticism

Some media outlets have criticized ATF, even going so far as to call for the abolition of the agency. One such criticism leveled by ''
Reason Reason is the capacity of consciously applying logic by drawing valid conclusions from new or existing information, with the aim of seeking the truth. It is associated with such characteristically human activities as philosophy, religion, scien ...
'' magazine's J.D. Tuccille stated, "The nicest thing you can say about 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, 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 the 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 ATF, but that ATF is not held to the same standards that they hold FFLs, "You have to wonder what 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." ATF has also received criticism involving financial corruption. In 2021, a whistleblower informed the public that ATF had given a 25% monetary bonus to at least 94 of its employees. The benefit is known as Law Enforcement Availability Pay, or Leap, and that the increase was reserved for "criminal investigators," who are on call and expected to work unscheduled additional hours. It was noted by the whistleblower that many administrative officials were receiving this benefit, despite not being classified as criminal investigators.


See also

*
Title 27 of the Code of Federal Regulations CFR Title 27 – Alcohol, Tobacco Products and Firearms is one of 50 titles composing the United States Code of Federal Regulations (CFR) and contains the principal set of rules and regulations issued by federal agencies regarding alcohol, tobacco ...
* ATF gunwalking scandal * Center for Intelligence and Security Studies *
Diplomatic Security Service The Diplomatic Security Service (DSS) is the principal Specialist law enforcement agency, law enforcement and security agency of the United States Department of State (DOS). Its primary mission is to protect diplomatic assets, personnel, and info ...
(DSS) *
Drug Enforcement Administration The Drug Enforcement Administration (DEA) is a Federal law enforcement in the United States, United States federal law enforcement agency under the U.S. Department of Justice tasked with combating illicit Illegal drug trade, drug trafficking a ...
(DEA) *
Immigration and Customs Enforcement The United States Immigration and Customs Enforcement (ICE; ) is a federal law enforcement agency under the United States Department of Homeland Security. ICE's stated mission is to protect the United States from transnational crime and ille ...
(ICE) * List of ATF Controversies *
List of United States federal law enforcement agencies The federal government of the United States empowers a wide range of federal law enforcement agencies (informally known as the "Feds") to maintain law and public order related to matters affecting the country as a whole. While the majority of ...
* '' Under and Alone''


References


Further reading

*


External links

*
Bureau of Alcohol, Tobacco, Firearms and Explosives
in the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the government gazette, official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every wee ...
'' * {{DEFAULTSORT:Bureau Of Alcohol, Tobacco, Firearms And Explosives 1972 establishments in the United States Government agencies established in 1972 Organizations based in Washington, D.C. Alcohol agencies Alcohol law in the United States