Guns in America Options for a New Administration Secure 2"Id Amendments Rights, support for the firearms industry and the Violent Gun Crime Fight White Paper Ronald Turk Associate Deputy Director (C00), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 16 NOV 2016 1004 RIF well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Second Amendment to the United States Constitution EXECUTIVE SUMMARY: This paper serves to provide the new President and his administration multiple options regarding the regulation of firearms and the firearms industry, and criminal firearms enforcement specific to ATF. It is apparent that the new administration is looking for ways to reduce regulations and create legislation that promote commerce and defend the second amendment, while increasing the fight against violent firearms crimes across our nation. Three attainable areas of focus are proffered in this paper to meet these goals: 1) Regulatory changes via elimination, reduction or modification; 2) Proposed legislation or Congressional action; 3) Positive steps to take to reduce gun violence. PROPOSED REGULATORY CHANGES FOR CONSIDERATION VIA ELMINATION, REDUCTION or MODIFICATION Regulation Reductions Adjustments 1. Demand Letter 3: Via regulation ATF currently requires Federal Firearms Licensees (FFLs) in several Southwest Border States to record and submit multiple sales records for certain semi-automatic rifles capable of shooting with a detached magazine (although not defined as such by law or regulation, this applies to the sale of more than one rifle commonly referred to as an ?assault? rifles, sold to the same person). This requirement came into effect several years ago in an attempt to curb the flow of rifles from commerce to the criminal element via illegal firearms traffickers into Mexico and South America. There are examples where this regulation has proven effective and may provide a deterrent effect. While well intended, there is limited imperial evidence to show a clear reduction in illegal firearms trafficking. It places a burden on the firearms industry and creates a large backlog of data that ATF is not staffed and equipped to handle in a timely manner. The elimination of Demand Letter 3 would not have a significant detrimental effect towards ATFs criminal enforcement mission. 2. Demand Letter 2: Via regulation ATF currently requires Federal Firearms Licensees (FFLs) across the nation to 3. Armor Piercing Ammunition: ATF has regulatory authority to classify what is and is not armor piercing (AP) ammunition. Several major ammunition manufacturing companies 1005 RIF have had requests pending for years to produce AP ammunition which not intended for use within a handgun and thus potentially lawful under Federal law. Several years ago ATF, in an effort to approve some of these requests also proposed to withdraw the 5.56 "green tip? AP ammo exemption, creating controversy that ultimately staled any AP ammo classification decisions. ATF can easily re-examine the issue and approve most of the pending requests while leaving the 5.56 "green tip" ammunition exemption intact. The rounds being considered for approval are used in hunting sporting firearms and arguably have a valid sporting purpose. Re-importation of certain Department of Defense surplus firearms from foreign countries: The State Department and ATF have worked over the past several years with the Administration on requests for the importation of several military firearms that were once oversees to support allies. There are surplus rifles (M1 carbine rifles) and pistols (M19115) oversees pending importation authority. Neither firearm represents any discernable public safety concern; however there is vast enthusiasm from collectors for vintage military firearms. Importation and sale through the Civilian Marksmanship Program would effectively regulate the lawful transfer of these firearms. Joint effort from the administration, Department of State and ATF could easily reverse past decisions and allow for the safe and legal importation and sale of these firearms. M1 Garand rifles similarly situated have already been approved for importation in the recent past, setting precedence for this to occur. The carbine and pistol were denied in part due to due to perceived potential to be used in crimes. Pending ATF Regulation Regarding FFL Records Retention: ATF Currently has a regulation pending at the Department of Justice to increase the requirements for Federal Firearms Licensees (FFLs) to retain records indefinitely; the current standard is 20 years. The intent is to provide access to records for firearms traces over longer periods oftime. Practically however, crime guns are not frequently recovered with times to crimes from purchase over 20 years old; and older firearms possessed by criminals frequently transfer hands several times are a trace will often not lead to the criminal after so much time has passed. While such an extension is arguably a viable law enforcement intelligence tool, much of the firearms industry is opposed to such a change and its limited value of such data questions the merits for the need to change this longstanding rule. Firearms Industry Proposals to Allow for Interstate sale of firearms at Gun Shows: ATF, based on Department ofJustice input has a longstanding interpretation of 18 U.S.C. that does not allow a Federal Firearms Licensee (FFL) to travel out of state and conduct firearms sales. Many FFLs in the firearms industry would like to be able to travel to other states at venues like a gun show and conduct business. ATF and have interpreted this to be not allowed under the law. However, many legal opinions differ 1006 RIF and think the statute could allow for a more favorable interpretation. Since an FFL has a license, maintains records and conducts background checks for sales, provided they are in compliance with state laws there is no apparent harm or risk to public safety in allowing them to do so. Some in ATF have cited concerns about how FFLs secure their firearms while traveling. While a valid concern, there is no difference in safe storage of firearms between an FFL traveling from one end of Texas to another and an FFL crossing state lines to conduct business. Proposed Legislation and Congressional Action: 1. Silencers: Current Federal law requires ATF to regulate silencers under the National Firearms Act (NFA). This requires a federal tax payment of $200 for each transfer, ATF approval, and entry of the silencer into a national NFA database. In the past several years, opinions about silencers have changes across the US and their use to reduce noise at firearms ranges and applications within the sporting and hunting industry are well recognized. Generally speaking 42 states now allow for silencers to be used for sporting purposes. This wide acceptance of silencers and changes within many states has created a significant demand across the country. ATF has had a significant backlog on silencer applications; despite spending over $1 million annually in overtime and temporary duty expenses, and dedicating over 33 additional full-time and contract positions since 2011 to support NFA processing over the past several years the processing time is now at 8 months. Despite these efforts processing times are still unacceptable to the eyes of many looking to acquire a silencer. The time and effort spent by silencer manufacturers, the public applying for an NFA weapon, and ATF all fall back to an archaic view of silencers from many decades ago. Over the past 10 years, ATF has overaged less than 44 defendants recommended for silencer-related violations for prosecution a year; of those only less than six defendants recommended for prosecution had prior criminal convictions (felons). What these statistics do not show is the very minimal actual use of silencers in criminal shootings. Silencer are not a threat to public safety and should be classified as regular firearm (not NFA) firearms. A change in the Federal Statute would allow for the efficient flow of commerce without excessive oversight and taxation with no detrimental effects. (see attachment 1 for NFA processing and staffing data) 2. 18 U.S.C. 922(0): Current law precludes Federal Firearms Licensees who are registered Special Occupational Taxpayers from transferring machineguns manufactured post 1986 unless they are for export or for law enforcement/government use; and there is no provision for the transfer from one to another. This is detrimental to operating within the small but useful supported industry. A change in the statute to allow for limited approval for to transfer between 1007 RIF each other within this community would have no impact on violent crime. Domestic co- production by is also problematic and could be resolved with a change to the statute. Another option if supported by the Department ofJustice would be to re- institute ATFs ability to provide ?variances? to licensees, and ATF has done in the past, that would adequately provide form transfers within defense industry FFLs and avoid a requirement to change the statute. 3. Need for an ATF Confirmed Director: Since moving from the Treasury to the Justice Department in 2003 ATF has had only one Senate Confirmed Director. The agency needs a presidentially nominated and Senate confirmed Director that has the support and backing of the Administration to lead ATF, for the agency to be fully in with leadership and to maximize the agency?s potential regarding priorities, budgets and support. Crime Gun Reduction Measures Shootings plague many of our nation?s inner cities, and illegal firearms trafficking fuels the criminal element?s ability to obtain and use firearms in violent crimes. ATF has historically been funded minimally and unable to meet the needs to fully execute its violent crime mission. As the primary Federal agency tasked with crime gun prevention and illegal firearms trafficking, there are additional measures ATF can take to reduce gun violence with the support of the administration. As this white paper is primarily focused on regulatory and legislative proposals, the below list is a not exhaustive and does not provide a significant level of details (they are readily available from ATF). These areas of expertise are highlighted to demonstrate proven success in reducing gun violence and demonstrate great potential if resourced pr0perly. 1. Enhance the National integrated Ballistics Information Network (NIBIN): ATF has had great success utilizing leads from the NIBIN system to solve shootings and homicides in many areas of the country. However, funding and resources are not sufficient for the system to reach its potential. State and local Police Chiefs and national police organizations understand the potential the system has and routinely request additional technology and personnel support that ATF cannot always meet. ATF has also established a pilot project with a national correlation center for one-stop analytics of ballistics evidence that has seen much success; with expansion to a national level program the benefits to fighting violent gun crimes would be tremendous. ATF spent approximately $29 million in FY 2016 on the national NIBIN program, taking many of the expenses ?out of hide? from other program areas to keep the system viable but not reaching it?s potential significantly underfunded for the potential this technology and program can have nationally. Additional resources towards NIBIN would have a profound impact on gun violence and would be welcomed by the broad US police community. 1008 RIF 2. Crime Gun Intelligence Centers: ATF has established Crime Gun Intelligence Centers (CGICs) in all 25 Field Division offices across the US. Established as task forces focused on gun violence and illegal firearms trafficking, they have seen great success when staffed and equipped. CGICs take vast data from crime gun traces; and multiple law enforcement data sets to create actionable intelligence leads on individuals committing crimes of violence and/or illegally trafficking firearms. Expanding CGICs across the US would allow ATF and state and local partners to leverage criminal intelligence and reduce gun violence. 3. FFL burglaries: The US averages about a burglary a day at firearm licensees. Stolen firearms from the FFL burglaries quickly enter criminals? hands and often lead to gun violence. ATF places a high priority on solving FFL burglaries and often utilizes world class advanced DNA capabilities to solve these and other crimes. Expanding DNA and other technology capabilities would solve more crimes such as these and enhance public safety. CONCLUSSION There are many regulatory changes that can be made by or through ATF that would have an immediate, positive impact on commerce and industry without significantly hindering ATFs mission. Congress can also act to clarify statutes to remove ATF from unnecessary bureaucratic processes without putting the public at risk. In addition, with additional support focused on violent gun crime ATF can have an even greater positive impact on public safety across our na?on. Attachments: 1. NFA processing and staffing slide Note: The opinions expressed within this white paper are not those of the Bureau of A they are merely the ideas and opinions of this writer after over 27 years of service as an ATF Special Agent, having spent nearly eight of those years as a member of the Senior Executive Service. They are provided to the new administration?s transition team for consideration and not intended to be public. The men and women of A TF are overwhelmingly a fantastic group of hard working civil servants who look to reduce violent crime and ensure public safety. By and large, past proposals were offered by hard working and well-intended employees with public safety thoughts in mind. it is this author?s belief that there is a natural, healthy tension between efforts to gather legitimate criminal intelligence and the right to keep and bear arms. When the agency steers clear of controversial regulations, leaving changes predominantly up to Congress, and focuses on the violent crime fight within the framework established by Congress we are at our best. As the firearms conversations take place over the next few months and 1009 RIF years this paper is offered to provide insight from the ?inside? of A TF on productive ways to limit regulation, protect our second amendments freedoms and focus on ATFs mission to protect our nation. 1010 RIF