exam 2 Flashcards
(239 cards)
1
Q
What is relief from a firearms disability ?
A
allowing a person who is otherwise prohibited from possessing, receiving, shipping or transporting firearms, to possess, receive, ship or transport firearms or ammunition
2
Q
Since 1992 Congress has, through appropriations restrictions done what?/
A
prohibited ATF from investigating or acting upon relief applications, except where the applicant is a corporation.
3
Q
What is “engaging in the business”?
A
Requires a “regular course of trade or business”
Requires a “principal objective of livelihood and profit”
4
Q
John Doe has a full-time job but wants to sell and trade firearms on weekends from a detached garage on his property. Would John Doe need a Federal license to do so?
A
Yes, if he is regularly engaged in buying and selling for profit.
5
Q
John Doe has a full-time job but wants to sell and trade firearms on weekends from a detached garage on his property. What type of license would John Doe need?
A
Dealers license (Type 01).
6
Q
Jane Smith is a World War I scholar who collects firearms manufactured between 1916 and 1922. Must Jane Smith apply for a license to collect such firearms?
A
Collectors may apply for a license to collect curios and relics, but they are not required to. However, without a license, Jane Smith would not be exempt from interstate controls applicable to nonlicensees.
7
Q
By what term do we refer to individuals possessing the power to direct the management and policies of the corporation or partnership?
A
Responsible Persons
8
Q
John Doe has his firearms license revoked for falsifying records to cover up “off paper” sales of firearms. If John Doe reapplies for a firearms license, does ATF have grounds to deny issuance of the license?
A
Yes, based on the applicant’s prior willful violations
9
Q
What if John Doe is the sole responsible person of JD, Inc., would ATF investigate his relief of disability as an applicant for a firearms license?
A
Courts have allowed willful violations of responsible persons to be attributed to a corporate applicant
10
Q
Mary Smith has been convicted of a misdemeanor crime of domestic violence (MCDV). Because she knows she would be ineligible for a license if she answers “yes” to question 26.E., she answers “no.” Are there grounds to deny the application?
A
Yes, this would be false statement as to a material fact.
11
Q
What if, knowing she is not eligible for a license, Mary Smith has her son, Mark Smith, apply for the license so she can buy and sell firearms. Are there grounds to deny the application?
A
Yes, the failure to disclose Mary Smith as the applicant and/or responsible person would be a failure to disclose material information.
12
Q
Can an applicant obtain a license to operate at a flea market?
A
If the flea market is a permanent location with spaces akin to a retail space, yes. If it does not have those features, no.
13
Q
Can an applicant apply for a license to conduct business primarily at gun shows?
A
Yes, a license may be issued where an applicant intends to conduct most firearms activity at gun shows if at least some activity is conducted at the licensed premises and records can be found and inspected at the licensed location.
14
Q
What type of state and local laws might be relevant to operating a firearms business?
A
Zoning
Occupational licenses
Sales tax
15
Q
Why was the Brady Act passed?
A
following the assassination attempt of President Reagan that left James Brady his press secretary with permanent disabilities
16
Q
For the secure storage must there be a device for each firearm?
A
No, the certification is only that devices be available
17
Q
Are there any exceptions?
A
Yes, when unavailable due to theft or backorder
18
Q
ATF has issued a Notice of Proposed Rulemaking that include manufacturers and importers to be required to comply with what?
A
the Secure Gun Storage or Safety Device provisions of 18 U.S.C. §922(z)
19
Q
What is a “willful” violation for purposes of revoking a firearms license?
A
Purposeful disregard of, or plain indifference to, a known obligation of the GCA or its regulations
20
Q
Is a “willful” violation for the revocation of a firearms license the same as a “willful” violation for criminal prosecution?
A
No, for criminal prosecution the defendant must know his/her conduct is unlawful (the Bryan standard). No bad purpose is required for license revocation.
21
Q
How can we establish a licensee acted “willfully”?
A
Prior notice (ROVs, warning conference)
Licensee statements
Nature of violation inherently willful
Attempts to conceal/cover-up violation
22
Q
What if the violations that resulted in ATF taking a licensing action were committed by an employee, not the licensee himself?
A
A licensee is responsible for the acts of agents or employees in connection with the business. 52
23
Q
John Dealer is indicted for a felony while holding a firearms license. Is the license subject to revocation before conviction?
A
A licensee indicted for a crime punishable by a term exceeding one year may continue operations under the existing license until any conviction becomes final.
24
Q
John Dealer is indicted for a felony while a responsible person of John’s Guns, Inc. May John continue to operate the business?
A
No, As the license is held by the corporation, not John (the RP), the exception for licensees does not apply, and John would not be able to ship, transport, possess, or receive firearms or ammunition personally or for the business.
25
What if John Dealer is convicted of a felony offense during the term of a license could he apply for relief?
Although 27 CFR §478.144(i)(1) provides a licensee may seek relief of disabilities within 30 days of becoming disabled, the appropriations restrictions on ATF eliminated the ability of licensees who are not corporations to seek relief.
55
26
What type of activity constitutes a “transfer” of a firearm for which a NICS check is required?
Sales
Pawn redemption
Return of a consignment firearm
Good rule of thumb –if a 4473 is required, a NICS check is required 63
27
Who can execute a search warrant?
Whoever is authorized.
28
Can third parties help on executing a search warrant?
Yes, so long as they are necessary to assist with the execution of the warrant (e.g., Facebook personnel). Media cannot participate.
29
What if you notice a material mistake in the search warrant like in Groh? What do you do?
Stop searching. Freeze the scene.
| Get a new warrant
30
Where are the authorities of an ATF special agent listed in the U.S. Code?
18 U.S.C. §3051
31
Can a Federal search warrant expire?
Yes. 14 days from date of issuance (or whatever the warrant says). Tracker is 10 days.
32
What if PC no longer exists for the search location but you have your warrant?
Do not execute!
33
At what time can you execute a search warrant, generally?
Daytime: 6 a.m. –10 p.m., local time.
34
Can a magistrate in the Southern District of Georgia issue a SW to search a house in Jacksonville, FL?
NO…unless it is related to terrorism with a connection to the issuing district.
35
Can a Judge in Brunswick sign an email search warrant where the target is located in Jacksonville, but has communicated with you in Brunswick via email about shipping firearms?
Yes.
36
Can no-knock warrants be acquired?
Yes if you demonstrate good cause
37
What do you leave at the search location?
Copy of the search warrant with attachments (not the affidavit!), inventory of and receipt for items seized. Do a post-search video and lock up!
38
Can you restrain persons with handcuffs at a search location?
Yes, but not beyond the completion of the search (unless arrested).
39
Who can request a Federal search warrant?
Federal law enforcement officer and an attorney for the U.S. Government.
40
Who can issue a Federal search warrant?
Federal magistrate judge, any Article III judge (district, circuit, Supreme Court), and a state judge of record if no Federal judge is available (virtually impossible situation).
41
What are the primary purposes of the GCA?
1. Keep firearms out of the hands of persons who are potentially irresponsible or dangerous to society
2. To enable states to more effectively control firearms traffic within their borders
42
Who are fully prohibited persons?
1. Felons and high misdemeanants
2. fugitives from justice
3. drug users
4. adjudicated mentally defectives or committed to a mental institution
5. Illegal aliens
6. Dishonorably discharged
7. Persons who renounced citizenship
8. Domestic Violence order of Protection
9. Convicted of MCDV
10. Persons employed for prohibited persons
43
What is 922(g)(1)?
Prohibited status for being convicted of a felony
44
Actual vs. Constructive possession
Active: holding or on their person
Constructive: Exercising dominion or control over the object
45
Sole vs. joint possession
Sole: one person in possession
Joint: 2 or more people possess
46
Is it unlawful for a Non-prohibited person to possess armor piercing ammunition?
No
47
What is 18 USC 924(e)?
Sentence enhancement
48
How do you prove drug user status?
* Criminal record of drug use (see 27 CFR 478.11 definition)
* Observing the person use the drugs
* Physical evidence on the person –track marks
* Finding and seizing drugs and drug paraphernalia
* Blood, hair, or urine analysis
* Admissions/confessions
* Medical records**
* OR any combination of the above
49
•
| Can a defendant be convicted of §922(g) even if the Government does not introduce a firearm at trial?
Yes. [U.S. v. Abernathy, 277 F.3d 1048 (8thCir. 2002) (5 witnesses testified that the defendant possessed the firearm.)]
50
Would a defendant constructively possess a firearm he took to a gun shop for repair?
Yes. [U.S. v. Horodner, 993 F.2d 191 (9th Cir. 1993)]
51
Felon A and not-prohibited person B occupied a motel room. Firearm in a plastic bag was found under the mattress with the felon’s fingerprints on the bag. Is Felon A in constructive possession?
Yes. [U.S. v. Huffhines, 967 F.2d 314
52
Prohibited defendant possesses the only key to a padlocked walk-in refrigerator loaded with firearms and ammunition. 922(g) violation?
Yes. The court cited other cases that possession of keys to cars, dwellings, and motel rooms was similar to possession of contraband located inside. [U.S. v. Piwowar, 492 F.3d 953 (8th Cir. 2007)]
53
Felon possessed drugs and firearm in girlfriend’s bedroom. She testifies that drugs/gun were his. Police found his clothing, DVD’s, time slips, and DNA on bed sheets. 922(g)(1) violation?
Yes. [U.S. v. Kent, 531 F.3d 642 (8th Cir. 2008)]
54
Firearm was found on the passenger floorboard inside a vehicle driven by a prohibited driver. Driver claimed the firearm was in passenger’s possession, not his. 922(g) violation?
Yes. Court found that the driver is held to higher level of accountability for a vehicle’s contents.
[U.S. v. Walker, 545 F.3d 1081 (D.C. Cir. 2008)]
55
55
What is ammunition under the GCA?
```
A)cartridge cases
(B)primers
(C)bullets, or
(D)propellant power…
… designed for use in any firearm.
```
56
Can you prove interstate nexus if you don’t have the firearm?
Yes, if the nexus expert can identify the firearm from a photo or witness.
57
How many 922(g) charges can be brought?
| Same felon possessed a different firearm in his car.
Different firearm, different location = 2nd count.
58
How many 922(g) charges can be brought? felon has a firearm in his home for 365 days, a different firearm in his car and another firearm at his business
Different firearm, different locations = 3rd count.
59
How many 922(g) charges could be brought felon possessed the same gun in his home, car, and business?
Same gun, different locations = 1, unless possession was lost in between.
60
Is a ‘bona fide’ gift a straw purchase?
No
61
What is the definition of a school zone?
in or on the grounds of a public, parochial or private school or within 1000 ft from those grounds
62
How long does a licensee have to report the theft or loss of a firearm from their inventory?
48 hours
63
What is 924(a)(1)(A)?
False statement made in the required records
64
Can a FFL delay entry or place conditions during an inspection?
No, refusal is grounds for revocation
65
What is the most common type of FFL?
Type 01/02 Dealer, pawnbroker, gunsmiths
66
T or F? It is generally lawful for any person other than a licensee to transport into or receive in a state any firearm purchased or otherwise obtained outside that state?
True
67
What type of trafficking is when a Licensee fails to record the receipt and disposition of trafficked firearms?
Off-Book
68
What are the 2 general types of traffickers?
1. Non-licensees
| 2. Licensees
69
What is a method of keeping records in which receipts are properly recorded, but licensees falsify dispositions?
Dummy Out
70
What are some indicators of trafficking by an FFL you might find in the required records of an FFL?
Discrepancies in A & D and their actual inventory
71
What are several indicators of trafficking by an individual you might find in the required records of an FFL?
1. Frequent purchases
2. Out of character purchases
3. Bad or unusual ID's
4. Multiple sales to someone who lives far from the FFL
72
How many Federal districts are located around the country?
94
73
The judicial districts fall under how many judicial courts?
12
74
What does Brady require?
| .
LEOs turn over all exculpatory evidence
75
What is a Special Agent's obligation under Brady?
It is a special agent’s obligation to provide the information to the AUSA.
76
What is the ATF’s national enforcement strategy, as well as it’s business model used to further the ATF mission?
Frontline
77
What does each office (Criminal Enforcement & Industry Operations) conduct yearly that is intelligence driven?
Domain Assesment
78
What are the 2 types of intelligence?
1. Tactical
| 2. Strategic
79
What is the product resulting from the collection, processing, integration, evaluation, analysis and interpretation of available information concerning individuals or activities suspected of being known to be criminal in nature?
Intelligence
80
What type of intelligence is short term?
Tactical
81
What type of intelligence is long term?
Strategic
82
What is Criminal intelligence information?
Information obtained from investigative records and other sources, reasonably indicating, past, current or impending criminal activity
83
What type of criminal information is not associated with an actual open investigation?
Criminal intelligence information
84
What is defined as information from investigative records and other sources developed during the course of an actual open investigation?
Criminal investigation information
85
What is ATF’s national (Headquarters) intelligence component?
Office of Strategic Intelligence and Information
86
What is the headquarters intelligence entity focused on bureau-wide operations?
OSII
87
What is the field division intelligence component?
Crime Gun Intelligence Centers (CGIC)
88
What groups are located within each of the ATF’s 25 field divisions and had the mission to provide direct support to the field and act as a liaison to OSII?
CGIC
89
Who are the primary intelligence resource for the CGIC?
Intelligence Research Specialists (IRS)
90
What is the sharing of limited investigative information among Federal, state, local, and tribal LE entities in order to identify targets of common investigative interest/activity, reduce duplicative efforts, expand investigative scope and minimize blue on blue events?
Deconfliction
91
What is the DOJ mandated primary deconfliction system to be used in all active cases?
DICE
92
What are also known as historical toll records?
Call Detail Records (CDR)
93
What type of subscriber and billing information can you receive from cellular data?
1. Subscriber or user name
2. Billing Party
3. Address
4. Activation date and/or cancellation date
5. Associated telephone numbers
6. Means of payment
7. Service subscribed and type of device
8. Customer notes
94
What is another name for Stingray/Hailstorm that assist with the identification of and/or approximate the location of suspect handset?
Cell site simulator technology
95
What is a device which captures outgoing data that is reansmitted from the target phone?
Pen Register
96
What device captures the incoming data to the target phone that identifies the originating number?
Trap & trace
97
International (global) system for mobile communication?
GSM
98
How many months of records should you consider requesting when asking for CDR from a carrier?
6 months
99
A grand jury subpoena may be used to obtain what phone media?
1. Subscriber information
| 2. Call detail records without cell site data
100
A court order may be used to obtain what phone media?
1. Subscriber and billing information
2. call detail records without cell site data
3. Tower dump information
101
A search warrant can be used to obtain what phone media?
1. subscriber and billing info
2. call detail records including historical cell site data
3. content of communications
use of cell site simulator technology
102
What provides a list of identified users of telephones?
Pen-Link subscriber reports
103
What identifies the number of telephone calls between the target telephone number and any telephone number called to/from the target telephone number?
Pen-Link frequency report
104
What is used to compare 2 or more target telephone numbers with the same investigation?
Pen-Link common calls reports
105
What details each telephone call with associated cellular data?
Pen-Link calls report with cell towers
106
What is used to compare calling activity of 2 or more separate cellular towers to identify potential target telephone numbers?
Pen-Link cell tower comparison report
107
In many instances what apps may be difficult, or even unlikely, to be able to obtain communicated data unless the phone is recovered and assessed ?
Encryption apps such as WhatsApp, Telegram, Signal and Wire
108
What is the display and manipulation of imagery, satellite, photography and maps with data gleaned from various sources to assist in investigations, illuminate patterns or as visual aids for agents and/or decision makers?
Geospatial Data
109
What can be obtained from social media content?
Various levels of open source information are usually available for subjects and/or associates (Unsecure/secure)
110
What can be used as an option to gain additional information from social media?
Friending or following
111
Who mission is it to provide support to ATF through the acquisition, examination and presentation of data from digital devices using sound forensic methodologies and best practices?
Digital Forensic Branch (DFB)
112
What provides advanced mobile device exploitation and unlock services?
Advanced mobile device support (AMDS)
113
What supreme court case held that police can no longer search a cellular telephone incident to arrest?
Riley v. California
114
What are the 2 methods to lawfully search an electronic device?
Search warrant or consent
115
What mode should a cell phone be placed in when seized?
Airplane Mode
116
What must be ensured prior to seizing and/or searching a device?
Legal authority
117
What should you document when seizing a device?
1. Device connections/network connections
2. Photograph device location, state (on/off) and visible identifiers
3. any connected devices
4. alterations to device
118
What should not be preformed when seizing a device because it could lead to wiping?
Keystrokes
119
What are unique from the firearm left on every cartridge case each time it’s fired?
Imprints
120
What is the program manager by ATF that automated the imagining of the unique identifiers of cartridge cases fired from firearms and stores the digital images into a database?
The National Integrated Ballistic Information Network (NIBIN)
121
What networks mission is to reduce firearms violence by identifying; investigating and prosecuting shooters?
NIBIN
122
What is a key component with respect to the Crime Gun Intelligence strategy?
NIBIN
123
When did the science of forensic ballistic comparison originate?
The 1920s
124
What FBI technology came out in the 1990s to import digitized images into a database and compared those images with other images entered?
DrugFire
125
What ATF system was introduced in the 1990s that focused on the imaging and automatic regional searching of bullets?
Integrated Ballistic Identification System (IBIS)
126
Which 1990s technology was not an automated system?
DrugFire
127
What year did the ATFs NIBIN program start?
1999
128
What NIBIN confirmation must have microscopic confirmation by a firearms examiner?
NIBIN Hit
129
What is the technology provided by Ultra Electronics Forensic Technology Inc., b which cartridge case are imaged and correlated against a regional database?
IBIS
130
What is the cartridge case acquisition station that captures highly detailed images of cartridge cases to include the breech face firing pin impression on the primer, and ejector markings?
BRASSTRAX
131
What is the digital imaging of various firearms related markings present in cartridge cases into IBIS?
ACQUISTION
132
What is the analysis station where correlation reviews are preformed?
MATCHPOINT
133
what is the automated comparison of acquired digital images using an algorithm that is designed to provide the analyst with a list of candidates ranked by correlation score from high to low?
CORRELATION
134
What is an unconfirmed potential link between at least 2 pieces of firearms related Ballistic evidence based on correlation review of the digital images (using MATCHPOINT)?
NIBIN LEAD
135
What is when 2 or more firearms related ballistic evidence acquisitions have been confirmed as a match by firearms examiner (the forensic expert)?
NIBIN HIT
136
What are the 4 critical steps of NIBIN?
1. Comprehensive collection
2. timely turnaround
3. Investigative follow-up
4. Feedback
137
What NIBIN confirmation is necessary (usually for court purposes) l, a firearms examiner will have to make a positive microscopic comparison in order to confirm the match and generat the report?
NIBIN HIT
138
In order to prioritize the workload how should criteria be considered?
1. Last is first
2. Worst is first
3. Shortest time between the incident and a likely match
4. Recovered firearms
5. Multiple firearms
139
T of F? NIBIN can be used to corroborate/exonerate witnesses?
True
140
What must be conducted within 3 business days of the seizure in orde to timely submit casings to NIBIN?
Test-fires
141
What is a location at which IBIS technology is present?
A NIBIN site
142
What serves as the official ATF NIBIN training center?
NIBIN National Correlation and Training Center (NNCTC)
143
Pursuant to the NIBIN acquistion and correlation review what 3 listed outcomes are possible?
1. No match to an existing NIBIN entry identified
2. NIBIN LEAD
3. NIBIN HIT
144
What’s purpose is to provide an avenue for comprehensive collection of ATF and state and local successes in which NIBIN and CGI are utilized?
I-NIBIN
145
What is considered to be success in regards to NIBIN and CGI?
Disruption
146
Robberies and burglaries against FFLs require what type of response?
Immediate and aggressive
147
T or F? Field divisions are required to investigate ALL burglaries and robberies from FFLs, unless approved by the SAC?
True
148
When must firearms stolen from an FFL be notified to the monitored case program (MCP)?
1. Stolen using violence
| 2. Multiple cases from same group w/ same MO
149
How long do FFLs have to report incidents to the ATF of theft, loss, missing inventory?
48 hours
150
The decision to investigate what thefts are at discretion of the SAC of the affected field division?
1. Interstate theft
2. Loss from inventory
3. Loss (missing) not discovered during an inspection
151
What are the mandatory protocols for FFL burglaries?
1. Immediately respond to the FFL
2. Cooridnate with state and local LE
3. Assess the scene and report general information back to first line supervisor
4. Notify industry operations
152
What are the initial steps of a successful FFL burglary/robbery investigation?
1. Protect the crime scene
2. Initial interviews of victim/witnesses
3. Crime scene processing to determine the presence of physical evidence
4. Follow up investigation
153
After a FFL burglary/robbery who should be interviewed?
1. All employees
| 2. Other FFLs in the area
154
What are the 4 layers of the internet
1. Surface/commercial web
2. Private web
3. Deep web
4. Dark Net/Web
155
In internet investigations there will often be online undercover contact with the subject and the case that may be initiated through the use of what?
Open source intelligence (OSINT)
156
What are the 2 distinct going dark challenges?
Real time
| Data at rest
157
Sales on the dark net offer a high degree of what?
Anonymity
158
Historically what has there been a substantial amount of on the dark net?
Law enforcement presence
159
What can destroy an online investigation?
the identification and cross-contamination of using ATF Network device
160
Who is not permitted to have undercover contact with suspects?
Non-1811 personnel such as IRS and IOI's
161
What are issued pursuant to 18 U.S.C 2703 to third party providers to instruct them to maintain information contained in the particular account for a period of 90 days?
Preservation letters
162
When should you issue a preservation letter?
the beginning of your investigation, after every significant post, and before any subpoenas, orders, or search warrants
163
When you send a legal process to a company for electronic information, you must also include what?
the non-disclosure order
164
who conducts and coordinates multijurisdictional operations and provides investigative direction to disrupt and dismantle online criminal activity within enforcement and regulatory jurisdiction to the ATF?
The internet investigations center (IIC)
165
Whose mission is it to apply advanced forensic computer technology to retrieve information of probative value that is stored or transmitted in binary from?
Digital Forensic Branch (DFB)
166
Whose mission is to accurately and efficiently conduct firearms tracing and manage associated programs and processes for international, Federal, state and local law enforcement agencies to provide investigative leads?
National Tracing Center
167
What are the 3 branches of the NTC?
1. Firearms Tracing Branch
2. Law Enforcement Support Branch
3. Tracing operations and record management
168
What are the 3 different types of Federal Firearms Licenses?
1. Dealers
2. Manufacturers
3. Importers
169
T or F? Brady applies to both handguns and long guns?
True
170
How old must you be to apply for a FFL?
21 years old
171
Can an 20 year old who is the sole corporation officer apply for an FFL?
-Yes, it is an exemption
172
Does the NFA apply to Federal, local, and state gov't actors?
No they are all exempt
173
Could an individual charged with a high misdemeanor carry a firearm under the GCA if they are a gov't actor?
Yes while in the act of performing their duties
174
If the FFL is aware of or encourages the use of a straw purchaser so they can make the sale which false statement violation should be charged?
922(a) (6) instead of 924(a)(1)(A)
175
In order to qualify as a 924(e) the defendant must
1. violate 922(g)
2. have 3 previous convictions of violent felonies or serious drug offenses
3. committed on different occasions
176
What is a 922(o)?
Unregistered machine guns
177
What are the mandatory minimums for 924(c) for possessing, using or carrying?
5 Years
178
What are the mandatory minimums for 924(c) for brandishing?
7 years
179
What are the mandatory minimums for 924(c) for discharging?
10 years
180
What are the mandatory minimums for 924(c) when the defendant has a prior 924(c) charge?
25 years
181
What are the mandatory minimums for 924(c) if the firearm involved is a short-barreled shotgun? what if second 924(c) offense?
10 years
| 25 years
182
What are the mandatory minimums for 924(c) if the firearm is a machinegun, destructive device, or equipped with a silencer? what is they have a prior 924(c) conviction?
- 30 years
| - mandatory life
183
What is an NFA form 1?
Application to make and register a firearm
184
What is NFA form 4?
Application for tax paid transfer of Firearm
185
What is the tax price for NFA form 4? What about AOW?
- $200
| - $5
186
what is 922(d)?
Transfer to prohibited persons
187
can someone with 3 separate prohibited person statuses
| (i.e. felon, drug user, fugitive) be charged for each status?
Yes
188
Prohibited Persons is there a violation? If so, how do you prove it?
1. Felon possessed a Colt revolver.
2. Alien possessed a silencer.
3. Dishonorably discharged soldier possessed a bomb.
4. Wife beater possessed a pellet gun.
5. Felon possessed a black powder rifle.
6. Illegal alien U.S. soldier possessed a rifle while serving in Iraq.
1. Yes
2. Yes
3. Yes
4. No, pellet gun not a firearm
5. No black powder is not a firearm
6. No
189
What is the primary goal of every firearms trafficking investigation?
To protect public safety & reduce violent crime by stopping the trafficking as soon as possible.
190
How is firearms trafficking stopped as soon as possible?
1. Investigation and arrest
2. Interdiction and deterrence
3. Public outreach and education
191
How is firearms trafficking facilitated?
By:
1. Straw purchasing
2. Corrupt dealers
3. Theft from gun stores
4. Sales through unlicensed dealers
192
What is the movement of a firearm out of lawful commerce and into the illegal marketplace, through an illegal method or an illegal purpose?
Firearms diversion
193
What is the unlawful diversion done for the purpose of profit, power or prestige, in the furtherance of other criminal acts or terrorism?
Firearms trafficking
194
What is any firearm that is illegally possessed, used in a crime, or suspected to have been used in a crime. Including firearms found abandoned if it was suspected to be used in a crime or illegally possessed?
Crime gun
195
What is the tracking of recovered crime gun’s history, from its source (manufactorer/importer) through the chain of distribution (wholesaler/retailer), to the first purchaser of the firearm?
Firearms trace
196
What is the period of time (measured in days) between a firearm’s acquisition from a retail market and LE’s recovery of that firearm during use, or suspected use, in a crime?
Time to crime
197
What can make a firearm easier to trace?
A short time to crime
198
What is the area where firearms traffickers have easy access to large numbers of firearms they can readily acquire and transport to other locations for unlawful resale and/or transfer to the criminal element/prohibited persons/ juveniles?
Source area
199
What is an area where firearms acquired in a source area are unlawfully marketed and/or transferred to the criminal element/prohibited persons/juveniles?
Market Area
200
What is the acquisition of a firearm from a federally licensed firearms dealer by an inidividual, done for the purpose of concealing the identity of the true intended receiver of the firearm?
Straw purchase
201
Who is an individual who engages in the business of selling firearms, for livelihood and profit, without having a license to do so ?
Unlicensed dealer
202
What is a unrecovered firearm that is suspected to have been illegally trafficker or diverted?
Suspect gun
203
What is the program maintained by ATF’s National Tracing Center that contains identifying information relative to firearms suspected of being illegally trafficked but have not been recovered of their investigations
Firearms Recovery Notification Program
204
What is a market source of used firearms that may be legal or illegal?
Secondary source markets
205
What are some examples of secondary sources?
1. Gun shows
2. Flea markets
3. Pawnshops
4. Internet auction sites
5. Private sales/transfers
206
T or F? Generally FFLs cannot sell firearms at a flea market (unless it’s their licensed premises)?
True
207
What can ruin an internet firearms trafficking case?
Use of a non attributable device (a ATF registered device)
208
T or F? Most FFL violations are felonies?
False. Most are misdemeanors.
209
What is the most common FFL criminal violation?
Allowing or facilitating straw purchase to increase their sales or “off paper” sales
210
What trends are based on firearms laws between countries, political differences and regime changes, conflicts/uprisings and narcotic trafficking routes?
International firearms trafficking
211
What requires prior approval (verbal) from a first line supervisor for a SA to attend ?
Gun shows
212
What are the 2 types of firearms transfers
1. Uncontrolled
| 2. Gov’t controlled
213
If an FFL contacts ATF about suspicious activity what must they be advised?
That they are not obligated to make the sale, they must use their best judgement to follow the law
214
The use of what inventory in furtherance of a controlled delivery requires written SAC approval?
Use of Props
215
Who certifies Prop inventory?
FATD
216
What relies primarily on the effectiveness of identification and self-reporting of the most critical or sensitive investigations?
Monitored Case program
217
The initial case summary must be submitted within how many business days to the MCP?
5
218
For domestic firearms trafficking what cumaltive total of more than how many firearms? How many NFA firearms?
- 50
| - 10 NFA
219
What is not a new policing model but rather an integrated enhancement strategy that can significantly contribute to public safety?
Intelligence led policing (ILP)
220
What are 3 subcomponents f the NIBIN process?
1. intelligence
2. Investigation
3. Prosecution
221
Test fired cartridges may also be known as what?
Known exemplars
222
When must test fire be completed for NIBIN?
Within 72 hrs (3 days)
223
What is 18 USC 922(a)(1)(A)?
Dealing in firearms without a license “principal objective of livelihood and profit”
224
What is 18 USC 922(a)(6)?
Providing false information (material fact) to an FFL during the acquisition of a firearm “lie and buy”
225
What is 18 USC 924(a)(1)(A)?
Making false statements regarding information required to be kept in an FFL’s record
226
What is 18 USC 922(e)?
Failure to declare a firearm to the common carrier (airplane,bus,train,ship)
Used for firearms traffickers
227
What is 18 USC 922(j)?
Possession of a stolen firearm
228
what is 18 USC 922(k)?
Possession of a firearm with an obliterated serial number
229
What is 18 USC 924(o)?
Conspriacy to use or carry a firearm during an in relation to a crime of violence or drug trafficking crime; or in furtherance of those crimes
(Guns to cartels)
230
What is 18 USC 371?
Conspiracy by 2 or more persons to commits a Federal violation
231
What is 18 USC 554?
Smuggling a firearm or ammunition out of the United States contrary to any law
232
What is 18 USC 2778?
Arms Export Control Act
233
T or F? FFLs cannot be documented informants?
True
234
In order to investigate a corrupt FFL you need approval from who?
Written approval from the SAC
235
Who must an FFL report stolen firearms too?
Local PD and ATF
236
What equipment is used to extract data from cellular devices?
Cellbrite
237
What type of ATF case do we use the NTC for?
Firearms trafficking
238
What are the 2 main functions of the grand jury?
1) serve as an investigative body
| 2) issue indictments charging defendants with violations
239
What is the Grand Jury Secrecy Rule 6(e)?
All matters occurring before the grand jury are secret unless you’re on the 6(e) list
