NATIONALLY RECOGNIZED FEDERAL LAWYERS
How ATF Investigates Illegal Firearms Trafficking and Smuggling
|Last Updated on: 21st September 2023, 11:13 pm
How ATF Investigates Illegal Firearms Trafficking and Smuggling
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the main federal agency responsible for enforcing laws related to the illegal trafficking and smuggling of firearms in the United States[3]. ATF uses a variety of investigative techniques and partnerships to try to stop the flow of illegally obtained guns across state and international borders.
Background on Firearms Trafficking
Firearms trafficking occurs when people illegally buy guns in the U.S. and then smuggle them to other locations to sell or distribute[1]. This could mean smuggling guns across state lines or international borders. Some examples of firearms trafficking include:
- Smuggling guns from the U.S. across the Mexican border to sell to drug cartels
- Smuggling guns from states with looser gun laws to states with stricter laws
- Straw purchases – when someone who can legally buy a gun does so on behalf of someone who can’t legally buy one
ATF agents work hard to detect, investigate, and stop all forms of illegal gun trafficking. This helps reduce gun violence and keeps guns out of the hands of criminals.
Investigative Techniques
ATF agents use many techniques to uncover firearms trafficking operations:
Undercover Operations
Agents go undercover to infiltrate suspected trafficking rings. This allows them to gather evidence and identify key players in the organization.
Surveillance
ATF monitors suspected traffickers through both physical and electronic surveillance. This includes watching their activities in person, monitoring their phones and online communications, and tracking their movements.
Informants
Developing informants within criminal groups provides inside information on trafficking schemes. Informants may receive leniency on charges in exchange for cooperating.
Trace Data
ATF traces guns recovered at crime scenes to identify patterns and track the movement of firearms. This can reveal sources of trafficked guns and how they are distributed.
Ballistics Testing
ATF laboratories conduct ballistics tests on recovered guns and bullets. This links seized guns to other crimes to help identify trafficking networks.
Records and Documents
Agents review records such as gun dealer inventories, multiple sales reports, and suspicious transaction records to detect potential straw purchases or illegal transfers.
Partnerships
ATF works jointly with local and state law enforcement, as well as agencies like ICE, FBI, and DEA to maximize resources and intelligence.
Investigating Straw Purchasing
A major focus for ATF is investigating and preventing straw purchases. Straw purchasing is when someone who can legally purchase a firearm does so on behalf of someone who cannot legally buy one[4]. This commonly occurs when a person with a clean background buys guns for a convicted felon or international smuggler.
ATF agents use many strategies to combat straw purchasing:
- Monitoring sales records from licensed gun dealers to identify suspicious purchases
- Partnering with gun dealers to identify potential straw purchases
- Tracing guns recovered at crime scenes back to original purchaser
- Undercover storefront operations to catch illegal transactions
- Surveillance of potential straw purchasers
- Reviewing multiple sales reports and suspicious activity reports
ATF works to prosecute both straw purchasers and the real recipients of the trafficked guns. Straw purchasing penalties can include up to 10 years in prison and $250,000 in fines[5].
Combating International Gun Trafficking
A major priority for ATF is disrupting the smuggling of guns across the U.S. border into Mexico. Mexican drug cartels often use straw purchasers to buy guns in border states like Texas, Arizona, and California[1]. ATF uses many strategies to combat this:
- Industry Operations Investigators inspect gun dealers near the border to ensure compliance
- Border Liaison Officers coordinate intelligence sharing with Mexican authorities
- Training for Mexican law enforcement on tracing trafficked guns
- Partnerships with ICE, CBP, and Mexican agencies
- Undercover storefronts near borders to interdict illegal sales
ATF also works to disrupt smuggling to other countries like Canada and Central America. They share trace data and intelligence to support international partners in stopping firearms trafficking.
Preventing Interstate Trafficking
In addition to international borders, ATF works to prevent trafficking across state lines within the U.S[4]. For example, traffickers may transport guns from states with looser laws like Florida or Georgia to more restrictive states like New York or New Jersey.
To combat interstate gun trafficking, ATF:
- Partners with local law enforcement through initiatives like Project Safe Neighborhoods
- Analyzes trace data to identify key source and destination locations
- Conducts undercover storefront operations in source states
- Traces guns used in crimes back to original out of state purchaser
- Targets interstate gun trafficking rings through joint investigations with state and local partners
ATF shares intelligence and resources to empower local agencies to stop illegal interstate gun sales and transfers.
Trafficking Trends and Data
A crucial part of ATF’s anti-trafficking efforts is analyzing data to uncover patterns and trends. Some key statistics from ATF reports:
- Around 70% of guns recovered in Mexico are traced back to the United States[6]
- The time from original sale to recovery in crime is a strong trafficking indicator – with over 50% of trafficked guns recovered within 3 years of purchase[5]
- California, Texas, Arizona and Florida are top source states for trafficked guns to Mexico[6]
- High volume purchases and short time-to-crime periods can indicate straw purchasing and trafficking[4]
ATF uses this data to target enforcement efforts. They also produce intelligence reports and assessments to drive policy and cooperation[4][5].
Results and Impact
ATF trafficking investigations have produced significant results:
- From 2019-2021, ATF recommended 8,701 cases for prosecution involving illegal firearms trafficking[3]
- ATF efforts contributed to a 73% decline in firearms trafficking to Mexico from 2011 to 2020[6]
- In 2021, a Texas trafficker received 25 years in prison for smuggling guns to Mexico[3]
- A 3-year ATF investigation broke up a major New York to Florida trafficking ring in 2022[3]
While illegal firearms trafficking remains an issue, ATF’s investigative strategies continue to disrupt supply chains and put traffickers behind bars.
Conclusion
Stemming the flow of illegally trafficked firearms is a major priority for ATF. Using solid investigative techniques and strong partnerships, ATF works relentlessly to identify trafficking networks, arrest violators, and reduce gun violence. Continued resourcing and support for ATF’s anti-trafficking efforts is critical to protecting public safety in America.
Sources
- Anti-Firearms Trafficking Campaign – ATF
- Guide to Investigating Illegal Firearms Trafficking | Office of Justice Programs
- What We Do | Bureau of Alcohol, Tobacco, Firearms and Explosives – ATF
- Firearms Trafficking: U.S. Efforts to Disrupt Gun Smuggling into Mexico Would Benefit from Additional Data and Analysis
- Justice Department Announces Publication of Second Volume of National Firearms Commerce and Trafficking Assessment
- FACT SHEET: Biden-Harris Administration’s Ongoing Efforts to Stem Firearms Trafficking to Mexico | The White House