How ATF Investigates Online Firearms Trafficking and Sales

The internet has made it easier than ever for people to buy and sell firearms online. But with this convenience also comes new challenges for law enforcement agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to monitor and investigate potential illegal activity. In this article, we’ll look at how ATF tackles the complex issue of online firearms trafficking and sales.

Monitoring the Surface Web and Dark Web

ATF’s Internet Investigations Center monitors both the open Surface Web as well as the Dark Web for potential illegal firearm transactions. The Dark Web refers to encrypted online content that sits on top of the regular internet and requires special software to access. The anonymity of the Dark Web makes it appealing for criminal activities, including the illegal sale of firearms.

ATF agents use investigative tools and techniques to uncover leads and build cases against those using the internet for illegal firearm purchases. This involves a combination of undercover work, surveillance, intelligence gathering, and collaborating with other law enforcement agencies.

Undercover Operations

ATF conducts undercover operations to catch criminals in the act of illegally trafficking firearms online. In one case, ATF agents responded to an online ad selling machine guns and silencers. Posing as buyers, the agents purchased several illegal machine guns that were shipped disguised as auto parts. Through further investigation and cooperation with other agencies like U.S. Customs, ATF identified the seller as an Argentinean national who had been illegally exporting firearms for years.

In another undercover operation, ATF agents purchased Glock auto sear devices, known as “Glock switches,” from a seller in Asia. These devices convert semi-automatic Glock pistols into fully-automatic weapons. The seller was found to have imported and sold hundreds of the illegal devices.

Tracing Firearms

When illegal firearms are recovered at crime scenes, ATF can trace their origin through a process called “firearm tracing.” eTrace is an online tracing system that helps identify potential traffickers and criminal networks. Law enforcement agencies can enter details like serial numbers, dates, and associated individuals to see where the gun originated and how it reached the crime scene.

Tracing the path of guns is crucial for building cases against illegal firearm sellers and quickly tracking down suspects before they can do more harm. The data in eTrace also helps ATF identify broader patterns and trends in the illegal firearms market.

Monitoring Multiple Sales

FFLs (federal firearms licensees) are required to report multiple handgun sales to the same buyer within 5 days. This helps ATF identify suspicious purchasing behavior that could indicate gun trafficking. Recently, reporting requirements were expanded to certain types of semi-automatic rifles in border states like California, Arizona, New Mexico, and Texas.

FFLs must fill out ATF Form 3310.4 reporting the details of multiple sales transactions. This information feeds into ATF databases to help agents link buyers and sellers involved in trafficking networks.

Monitoring Gun Shows and Flea Markets

Gun shows and flea markets are places where private sellers can engage in firearms transactions without conducting background checks. ATF keeps a close eye on these events, inspecting vendors for federal firearms licensing and looking for illegal dealing and trafficking.

In one case, a joint operation between ATF and local law enforcement targeted illegal firearm sales at a series of Ohio gun shows. Over 100 people were arrested on state and federal charges. Many were gang members purchasing firearms to sell on the streets.

Prosecuting Firearms Violations

When ATF uncovers clear violations of federal firearms laws, they work with prosecutors to build cases for charging and convicting offenders. Depending on the circumstances, individuals can face either civil penalties or criminal prosecution.

ATF agents and attorneys determine the best course of action based on factors like how many guns were trafficked, the suspect’s criminal history, their level of cooperation, and whether violence was involved. Charges can range from dealing firearms without a license to smuggling to providing false information on firearm transaction records.

Working with Online Platforms

ATF partners with online gun marketplaces and social media platforms to curb illegal firearm sales. When ATF notifies them of posts illegally advertising firearms, sites like Facebook and Instagram quickly remove them. Some platforms use AI and natural language processing to automatically flag suspicious posts.

However, ATF’s ability to inspect inventory and records of online firearm sellers is limited compared to brick-and-mortar shops. Legislation has been proposed to extend ATF’s oversight authority to the online space, but has faced pushback from industry groups like the NRA.

Preventing Prohibited Persons from Obtaining Guns

A key part of ATF’s mission is preventing dangerous individuals like felons, domestic abusers, and the mentally ill from obtaining firearms. While prohibited in law, gaps and loopholes in the current system make this difficult to fully enforce.

For example, incomplete state and federal data means many background checks don’t identify people who should be blocked from buying guns. And unlicensed private sellers aren’t required to run background checks at all. New legislation aimed at universal background checks could strengthen ATF’s ability to keep firearms away from prohibited people.

Regulating Homemade and 3D Printed Guns

Another emerging challenge is untraceable “ghost guns” manufactured from parts and kits at home. They don’t have serial numbers, making it nearly impossible for ATF to trace them if they’re found at crime scenes.

3D printed guns made from plastic, which can evade metal detectors, pose similar issues. ATF is still developing strategies and regulations to combat these new frontiers in undetectable, untraceable weapons.

Limitations on ATF’s Authority

Despite ATF’s efforts, investigating online gun trafficking faces inherent challenges. ATF’s jurisdiction only applies to instances where a commercial seller is involved. Private sales fall outside their regulatory authority, even though illegal dealing may be occurring under the table.

ATF is also barred from creating a searchable database of gun sales records, which could help analyze trafficking patterns. And they have no power to impose new regulations, only enforce existing federal laws. Passing stronger legislation could expand ATF’s tools and oversight capabilities.

The Path Ahead

Stemming the flow of illegal firearms is crucial for public safety, but extremely difficult given the scale and complexity of the online marketplace. ATF will need more resources, cooperation with law enforcement partners, coordination with online platforms, and potentially new laws to make further headway.

But by leveraging intelligence gathering, tracing data, undercover operations, and prosecution, ATF provides an important check against the most dangerous abuses of firearms trafficking online. Their work takes countless illegal guns off the streets and helps prevent them from being used in future crimes.