Search This Blog

Saturday, May 31, 2025

Bureau of Alcohol, Tobacco, Firearms and Explosives

Bureau of Alcohol, Tobacco, Firearms and Explosives
ATF Seal
ATF Seal
 
ATF agent badge
ATF agent badge
 
ATF Flag
ATF Flag
 
Common nameAlcohol, Tobacco and Firearms
AbbreviationATF
Agency overview
FormedJuly 1, 1972; 52 years ago
Preceding agency
  • IRS Alcohol, Tobacco, and Firearms Division
Employees5,285 (2021)
Annual budgetApprox. US$1.5 billion (2021)
Jurisdictional structure
Federal agencyUnited States
Operations jurisdictionUnited States
General nature
Operational structure
HeadquartersAriel Rios Federal Building, Washington, D.C.
Agency executive
Parent agency
Website
atf.gov

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as 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.

ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. 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.

ATF operates a unique fire research laboratory in Beltsville, Maryland, 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.

History

The seal of ATF when it was a part of the U.S. Department of the Treasury

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" 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When the Volstead Act, which established Prohibition in the United States, was repealed in December 1933, the Unit was transferred from the Department of Justice back to the Department of the Treasury, where it became the Alcohol Tax Unit (ATU) of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), 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 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. 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 (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." 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". 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 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 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 in response to the ongoing Rodney King riots. 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 warrants 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 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.

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. 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. 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.

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 (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 (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 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 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 (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 (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.) 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 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 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 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. 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 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.

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. 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 (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.

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 carbines 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 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. 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.

Violence Against Women Act

 
Violence Against Women Act
Great Seal of the United States
Long titleAn Act to Control and Prevent Crime
Acronyms (colloquial)VAWA
Enacted bythe 103rd United States Congress
Citations
Public lawPub. L. 103–322
Statutes at Large108 Stat. 1796
Codification
Titles amended42 U.S.C.
U.S.C. sections created42 U.S.C. ch. 136 (originally expired on February 15, 2019, reauthorized on March 15, 2022)
Legislative history
  • Introduced in the House as H.R. 3355 by Jack Brooks (DTX) on October 26, 1993
  • Committee consideration by House Judiciary
  • Passed the House on November 3, 1993 (voice vote)
  • Passed the Senate on November 19, 1993 (95–4, in lieu of S. 1607)
  • Reported by the joint conference committee on August 10 and 21, 1994; agreed to by the House on August 21, 1994 (235–195) and by the Senate on August 25, 1994 (61–38)
  • Signed into law by President Bill Clinton on September 13, 1994
Major amendments
VAWA was reauthorized on March 15, 2022, by President Joe Biden
United States Supreme Court cases

The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV of the Violent Crime Control and Law Enforcement Act, H.R. 3355) signed by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and the prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose not to prosecute cases. The Act also established the Office on Violence Against Women within the U.S. Department of Justice.

The bill was introduced by Representative Jack Brooks (D-TX) in 1994 and gained support from a broad coalition of advocacy groups. The act passed through both houses of the U.S. Congress with bipartisan support in 1994; however, House Republicans attempted to cut the act's funding the following year. In the 2000 U.S. Supreme Court case United States v. Morrison, a sharply divided court struck down the VAWA provision allowing women the right to sue the accused in federal court. By a 5–4 majority, the Court overturned the provision as exceeding the federal government's powers under the Commerce Clause.

VAWA was reauthorized by bipartisan majorities in Congress in 2000 and again in December 2005. The Act's 2012 renewal was opposed by conservative Republicans, who objected to extending the Act's protections to same-sex couples and to provisions allowing battered undocumented immigrants to claim temporary visas, but it was reauthorized in 2013 after a long legislative battle. As a result of the United States federal government shutdown of 2018–2019, the Act expired on December 21, 2018. It was temporarily reinstated via a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. The U.S. House of Representatives passed a bill reauthorizing VAWA in April 2019 that includes new provisions protecting transgender victims and banning individuals convicted of domestic abuse from purchasing firearms. In an attempt to reach a bipartisan agreement, Senators Joni Ernst (R-IA) and Dianne Feinstein (D-CA) led months of negotiation talks that came to a halt in November 2019. Senator Ernst said she planned to introduce a new version of the bill, and hoped it would pass in the Senate. VAWA was reauthorized on March 15, 2022, by President Joe Biden.

In 2024, the Supreme Court ruled 8–1 in United States v. Rahimi to uphold the law's domestic violence restraining order which restricts firearm possession for people convicted of domestic abuse.

Background

The World Conference on Human Rights, held in Vienna, Austria, in 1993, and the Declaration on the Elimination of Violence Against Women in the same year, concluded that civil society and governments have acknowledged that domestic violence is a public health policy and human rights concern. In the United States, according to the National Intimate Partner Sexual Violence Survey of 2010, 1 in 6 women suffered some kind of sexual violence induced by their intimate partner during the course of their lives.

However, as late as 1970–1990, domestic violence was regarded as a private matter and sometimes was ignored by the police. According to Zorza in Criminal Law of Misdemeanor Domestic Violence, 1970–1990, "throughout the 1970s and early 1980s, officers believed and were taught that domestic violence was a private matter, ill suited to public intervention." Unfortunately, the arrest did not deter and punish abusers. The results of three studies, conducted in Omaha, Charlotte, and Milwaukee, indicated that arrest alone did not deter abusers.

The Violence Against Women Act was developed and passed as a result of extensive grassroots efforts in the late 1980s and early 1990s. Advocates for the battered women's movement included sexual assault advocates, individuals from victim services, law enforcement agencies, prosecutors' offices, the courts, and the private bar. They urged Congress to adopt significant legislation to address domestic and sexual violence.

The Violence Against Women Act established new offenses and penalties for the violation of a protection order or stalking in which an abuser crossed a state line to injure or harass another, or forced a victim to cross a state line under duress and then physically harmed the victim in the course of a violent crime.

One of the greatest successes of VAWA is its emphasis on a coordinated community response to domestic violence, sex dating violence, sexual assault, and stalking; courts, law enforcement, prosecutors, victim services, and the private bar currently work together in a coordinated effort that did not exist before at the state and local levels. VAWA also supports the work of community-based organizations which are engaged in work to end domestic violence, dating violence, sexual assault, and stalking, particularly those groups that provide culturally and linguistically specific services. Additionally, VAWA provides specific support for work with tribes and tribal organizations to end domestic violence, dating violence, sexual assault, and stalking against Native American women. In December 2022, the Violence Against Women Act was amended to include Native Hawaiian survivors of gender-based violence and Native Hawaiian organizations in grant funding.

Many grant programs authorized in VAWA have been funded by the U.S. Congress. The following grant programs, which are administered primarily through the Office on Violence Against Women in the U.S. Department of Justice, have received appropriations from Congress:

  • STOP Grants (State Formula Grants)
  • Transitional Housing Grants
  • Grants to Encourage Arrest and Enforce Protection Orders
  • Court Training and Improvement Grants
  • Research on Violence Against Native American Women
  • National Tribal Sex Offender Registry
  • Stalker Reduction Database
  • Federal Victim Assistants
  • Sexual Assault Services Program
  • Services for Rural Victims
  • Civil Legal Assistance for Victims
  • Elder Abuse Grant Program
  • Protections and Services for Disabled Victims
  • Combating Abuse in Public Housing
  • National Resource Center on Workplace Responses
  • Violence on College Campuses Grants
  • Safe Havens Project
  • Engaging Men and Youth in Prevention

The American Civil Liberties Union (ACLU) had originally expressed concerns about the Act, saying that the increased penalties were rash, that the increased pretrial detention was "repugnant" to the U.S. Constitution, that the mandatory HIV testing of those only charged but not convicted was an infringement of a citizen's right to privacy, and that the edict for automatic payment of full restitution was non-judicious (see their paper: "Analysis of Major Civil Liberties Abuses in the Crime Bill Conference Report as Passed by the House and the Senate", dated September 29, 1994). In 2005, the ACLU had, however, enthusiastically supported reauthorization of VAWA on the condition that the "unconstitutional DNA provision" be removed. That provision would have allowed law enforcement to take DNA samples from arrestees or from those who had simply been stopped by police without the permission of a court.

The ACLU, in its July 27, 2005 'Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act of 2005, S. 1197' stated that "VAWA is one of the most effective pieces of legislation enacted to end domestic violence, dating violence, sexual assault, and stalking. It has dramatically improved the law enforcement response to violence against women and has provided critical services necessary to support women in their struggle to overcome abusive situations".

Some activists opposed the bill. Janice Shaw Crouse, a senior fellow at the Christian Concerned Women for America's Beverly LaHaye Institute, called the Act a "boondoggle" which "ends up creating a climate of suspicion where all men are feared or viewed as violent and all women are viewed as victims". She described the Act in 2012 as creating a "climate of false accusations, rush to judgment and hidden agendas" and criticized it for failing to address the factors identified by the Centers for Disease Control and Prevention as leading to violent, abusive behavior. Conservative activist Phyllis Schlafly denounced VAWA as a tool to "fill feminist coffers" and argued that the Act promoted "divorce, breakup of marriage and hatred of men".

In 2000, the Supreme Court of the United States held part of VAWA unconstitutional on federalism grounds in United States v. Morrison. That decision invalidated only the civil remedy provision of VAWA. The provisions providing program funding were unaffected.

In 2005, the reauthorization of VAWA (as HR3402) defined what population benefited under the term of "Underserved Populations" described as "Populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age) and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services as appropriate". The reauthorization also "Amends the Omnibus Crime Control and Safe Streets Act of 1968" to "prohibit officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense."

In 2011, the law expired. In 2012 the law was up for reauthorization in Congress. Different versions of the legislation were passed along party lines in the Senate and House, with the Republican-sponsored House version favoring the reduction of services to undocumented immigrants and LGBT individuals. Another area of contention was the provision of the law giving Native American tribal authorities jurisdiction over sex crimes involving non-Native Americans on tribal lands. By repealing a portion of the 1978 Oliphant v. Suquamish ruling, such a provision could alter the constitutional balance between federal, state, and tribal power. Historically Congress has not allowed tribal governments to exercise criminal jurisdiction over non-tribal members. The two bills were pending reconciliation, and a final bill did not reach the President's desk before the end of the year, temporarily ending the coverage of the Act after 18 years, as the 112th Congress adjourned.

2012–13 legislative battle and reauthorization

Senate vote on Violence Against Women Reauthorization Act of 2013
  Both yes
  One yes, one no
  Both no

When a bill reauthorizing the act was introduced in 2012, it was opposed by conservative Republicans, who objected to extending the Act's protections to same-sex couples and to provisions allowing battered foreigners residing in the country illegally to claim temporary visas, also known as U visas. The U visa is restricted to 10,000 applicants annually whereas the number of applicants far exceeds these 10,000 for each fiscal year. In order to be considered for the U visa, one of the requirements for immigrant women is that they need to cooperate in the detention of the abuser. Studies show that 30 to 50% of immigrant women are suffering from physical violence and 62% experience physical or psychological abuse in contrast to only 21% of citizens in the United States.

In April 2012, the Senate voted to reauthorize the Violence Against Women Act, and the House subsequently passed its own measure (omitting provisions of the Senate bill that would protect gays, Native Americans living in reservations, and immigrants who are victims of domestic violence). Reconciliation of the two bills was stymied by procedural measures, leaving the re-authorization in question. The Senate's 2012 re-authorization of VAWA was not brought up for a vote in the House.

In 2013, the question of jurisdiction over offenses in Native American country continued to be at issue over the question of whether defendants who are not tribal members would be treated fairly by tribal courts or afforded constitutional guarantees.

On February 12, 2013, the Senate passed an extension of the Violence Against Women Act by a vote of 78–22. The measure went to the House of Representatives where jurisdiction of tribal courts and inclusion of same-sex couples were expected to be at issue. Possible solutions advanced were permitting either removal or appeal to federal courts by non-tribal defendants. The Senate had tacked on the Trafficking Victims Protection Act which is another bone of contention due to a clause which requires provision of reproductive health services to victims of sex trafficking.

House vote on Violence Against Women Reauthorization Act of 2013
  Democratic aye
  Republican aye
  Abstention or no representative seated
  Republican no

On February 28, 2013, in a 286–138 vote, the House passed the Senate's all-inclusive version of the bill. House Republicans had previously hoped to pass their own version of the measure—one that substantially weakened the bill's protections for certain categories. The stripped-down version, which allowed only limited protection for LGBT and Native Americans, was rejected 257 to 166. The renewed act expanded federal protections to gay, lesbian, and transgender individuals, Native Americans and immigrants.

On March 7, 2013, President Barack Obama signed the Violence Against Women Reauthorization Act of 2013.

New provisions in the Reauthorization of VAWA 2013

Protection for Native Americans:

Prior to the 2013 passing of VAWA, Native American women who were the victims of non-Native American assault were not covered by the law. The Oliphant v. Suquamish Indian Tribe case from 1978 was overturned by provisions added to the new VAWA 2013, which also makes it possible for non-Native Americans to be prosecuted in tribal courts for domestic or dating violence perpetrated against Native Americans.

Protection of same sex couples:

LGBTQ people experience domestic abuse at the same 25%–33% rate as other members of the community. VAWA 2013 develops programs and laws to protect the rights of LGBTQ people who have been the victims of IPV (intimate partner violence). LGBTQ victims are expressly included in two important VAWA grant programs by the act. It is now against the law for LGBTQ people to be dismissed from shelters or other VAWA-funded services because of their sexual orientation or gender identity, according to a non-discrimination clause in VAWA.

Protection of victims of human trafficking:

Each year, 50,000 individuals are reportedly trafficked into the US, according to the Trafficking Victims Protection Act of 2000. Occasionally, victims of trafficking experience the same forms of abuse as those who have experienced violence from an intimate partner: physical and sexual violence, financial control, threats, intimidation, and restriction on freedom of movement.

Protection for Immigrant Victims of IPV (intimate partner violence):

Neither the number of U Visas nor the government's interest in studying crime in immigrant communities increased as a result of VAWA 2013. Based on data provided by Migration Policy Institute, 18.9 million (12%) of all women in the United States are immigrants. The number of immigrants who have been victims of IPV is unknown because national studies haven't been conducted to look at this issue in immigrant communities.

After passage

A total of 138 House Republicans voted against the version of the act that became law. However, several, including Steve King (R-Iowa), Bill Johnson (R-Ohio), Tim Walberg (R-Michigan), Vicky Hartzler (R-Missouri), Keith Rothfus (R-Pennsylvania), and Tim Murphy (R-Pennsylvania), claimed to have voted in favor of the act. Some have called this claim disingenuous because the group only voted in favor of a GOP proposed alternative version of the bill that did not contain provisions intended to protect gays, lesbians and transgender individuals, Native Americans and undocumented immigrants.

Reauthorizations

VAWA was reauthorized by bipartisan majorities in Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act of 2000 (H.R. 3244), and again in December 2005, and signed by President George W. Bush. The Act's 2012 renewal was opposed by conservative Republicans, who objected to extending the Act's protections to same-sex couples and to provisions allowing battered undocumented immigrants to claim temporary visas. Ultimately, VAWA was again reauthorized in 2013, after a long legislative battle throughout 2012–2013.

On September 12, 2013, at an event marking the 19th anniversary of the bill, Vice President Joe Biden criticized the Republicans who slowed the passage of the reauthorization of the act as being "this sort of Neanderthal crowd".

As a result of the United States federal government shutdown of 2018–2019, the Violence Against Women Act expired on December 21, 2018. It was temporarily reauthorized by a short-term spending bill on January 25, 2019, but expired again on February 15, 2019.

On April 4, 2019, the reauthorization act passed in the House by a vote of 263–158, this time including "closing the boyfriend loophole". All Democrats voting were joined by 33 Republicans voted for passage. New York Representative Elise Stefanik said Democrats "...have refused to work with Republicans in a meaningful way," adding, "the House bill will do nothing but 'collect dust' in the GOP-controlled Senate. The bill has indeed been ignored by the Senate."

On December 9, 2019, following the firearm murder of a Houston police officer on duty by a boyfriend who had been abusive towards his girlfriend, Houston Police Chief Art Acevedo criticized Senators Mitch McConnell (R-KY), Ted Cruz (R-TX) and John Cornyn (R-TX) for preventing a vote on the VAWA reauthorization. Acevedo said "I don't want to hear about how much they care about lives and the sanctity of lives yet, we all know in law enforcement that one of the biggest reasons that the Senate and Mitch McConnell and John Cornyn and Ted Cruz and others are not getting into a room and having a conference committee with the House and getting the Violence Against Women's Act (passed) is because the NRA doesn't like the fact that we want to take firearms out of the hands of boyfriends that abuse their girlfriends. And who killed our sergeant? A boyfriend abusing his girlfriend. So you're either here for women and children and our daughters and our sisters and our aunts, or you're here for the NRA."

In a follow-up interview with CNN, Acevedo said his criticism of Senators Cruz, Cornyn and McConnell was not political, because "death is not political—you see, death is final." He challenged Senator Cruz to directly answer whether he supports closing the boyfriend loophole, and said that failing to address it would put the Senators "on the wrong side of history". Senator Cornyn said that Acevedo was "mistaken" in invoking the VAWA.

On March 15, 2022, President Joe Biden signed the reauthorization of VAWA into law as part of the Consolidated Appropriations Act of 2022 (H.R. 2471); it is called the Violence Against Women Act Reauthorization Act of 2022. The reauthorization act does not include provisions to "close the boyfriend loophole". However, it did include funding the Ensuring Forensic Health Care for all Act (EFCA) to fund support for generalist forensic nurse training.

Programs and services

The Violence Against Women laws provided programs and services, including:

  • Federal rape shield law.
  • Community violence prevention programs.
  • Protections for victims who are evicted from their homes because of events related to domestic violence or stalking.
  • Funding for victim assistance services, like rape crisis centers and hotlines.
  • Programs to meet the needs of immigrant women and women of different races or ethnicities.
  • Programs and services for victims with disabilities.
  • Legal aid for survivors of domestic violence.

Restraining orders

Restraining order granted to a Wisconsin woman against her abuser, noting the nationwide applicability of the order under Full Faith and Credit

When a victim is the beneficiary of an order of protection, per VAWA it was generally enforceable nationwide under the terms of full faith and credit. Although the order may be granted only in a specific state, full faith and credit requires that it be enforced in other states as though the order was granted in their states.18 U.S.C. § 2265 Part of the law's restraining orders included the ability to enforce domestic violence protection orders which barred people subject to family violence protection orders from having firearms.

Persons who are covered under VAWA immigration provisions

VAWA allows for the possibility that certain individuals who might not otherwise be eligible for immigration benefits may petition for US permanent residency on the grounds of a close relationship with a US citizen or permanent resident who has been abusing them. The following persons are eligible to benefit from the immigration provisions of VAWA:

  • A wife or husband who has been abused by a U.S. citizen or permanent resident (Green Card holder) spouse. The petition will also cover the petitioner's children under age 21.
  • A child abused by a U.S. citizen or permanent resident parent. The petition can be filed by an abused child or by her parent on the child's behalf.
  • A parent who has been abused by a U.S. citizen child who is at least 21 years old.

Coverage of male victims

Although the title of the Act and the titles of its sections refer to victims of domestic violence as women, the operative text is gender-neutral, providing coverage for male victims as well. Individual organizations have not been successful in using VAWA to provide equal coverage for men. The law has twice been amended in attempts to address this situation. The 2005 reauthorization added a non-exclusivity provision clarifying that the title should not be construed to prohibit male victims from receiving services under the Act. The 2013 reauthorization added a non-discrimination provision that prohibits organizations receiving funding under the Act from discriminating on the basis of sex, although the law allows an exception for "sex segregation or sex-specific programming" when it is deemed to be "necessary to the essential operations of a program." Jan Brown, the Founder and Executive Director of the Domestic Abuse Helpline for Men and Women contends that the Act may not be sufficient to ensure equal access to services.

College VAWA Reporting

According to the Clery Act, colleges are required to federally report certain categories of crimes, including those covered under the Violence Against Women Act (VAWA). Among these crimes, the most frequently reported on campuses are stalking, followed by domestic violence, and dating violence.

Criticism

The prison abolition movement has been critical of VAWA for its focus on policing, surveillance, and incarceration, particularly mandatory incarceration requirements, and the disproportionate number of people of color who have been arrested and incarcerated using VAWA provisions. Notable people who have criticized aspects of the VAWA include Victoria Law, Beth Richie, Gina Dent, Olúfẹ́mi O. Táíwò, and Angela Davis.

Official federal government groups that have developed, being established by President Barack Obama, in relation to the Violence Against Women Act include the White House Council on Women and Girls and the White House Task Force to Protect Students from Sexual Assault. The ultimate aims of both groups are to help improve and/or protect the well-being and safety of women and girls in the United States.

Intellectual courage

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Intellectu...