National Tracing Center
The National Tracing Center (NTC) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the sole firearms tracing facility in the United States. It provides information to provide federal, state and local law enforcement agencies with suspects for firearm crime investigations, detect suspected firearms traffickers, and track the intrastate and international movement of firearms. Congressional restrictions are in place to prevent the release of firearms trace information to anyone other than law enforcement agencies, however, this restriction does not apply to participating foreign countries or agencies. The only restriction is by Memorandum of Understanding (MOU) signed by the agency receiving eTrace software.
The NTC is located on a 10-acre (40,000 m2) secure site in Martinsburg, W.Va. This facility also houses ATF's Violent Crime Analysis Branch, Firearms Technology Branch, Firearms Testing Range, Brady Operations Branch, ATF's Gun Vault Collection, the Federal Explosives Licensing Center, Imports Branch, NFA Branch, and will soon house the Federal Firearms Licensing Center.[1]
History
- History of Out-of-Business Record Systems
Before 1991, ATF kept the Out-of-Business records in paper hard copy filed at the Out-of-Business Records Center. In 1991, they began a major project to microfilm the paper records and destroy the hard copy. This project not only included the licensee's "Bound Book" (Acquisition/Disposition records), but also every ATF Form 4473, which contains name, address, height, weight, race, date of birth, place of birth, and driver's license number (or other ID). (GAO Report T-GGD-96-104, 04/25/96)
- Computer Assisted Retrieval System (CARS)
In 1992, ATF began creating a computerized "index" (based on firearm serial number and dealer license number) to the microfilmed Out-of-Business records. Data was originally captured on minicomputers and transferred to a mainframe computer database. The retrieval system, called "CARS" (Computer Assisted Retrieval System), was disclosed in a 1995 letter to Tanya K. Metaksa of the NRA. By 2000, ATF revealed they had indexed 100 million such records, with over 300 million additional records scheduled to be added over the following two years. (Commerce in Firearms, ATF, 2000) Over 400 million firearm transaction records were to be indexed by 2002 – about twice the total estimated number of firearms in the United States at that time.
(Notwithstanding the conclusions of the Government Accounting Office in 1996 that this system complied with legislative restrictions, this combination of automated and manual retrieval of individual sales records is a de facto system of registration of firearms, firearm owners and firearm transaction specifically prohibited by 18 U.S.C. 926(a).)
- Microfilm Retrieval System (MRS)
By March, 2004, ATF acknowledged the existence of their advanced automated Microfilm Retrieval System (MRS) containing information on 380 million firearms with an additional 1 million firearms added per month. This system had been enlarged from the previous system (CARS) to contain not only firearm serial numbers, but the manufacturer and importer as well. Additional data fields have been added to help identify specific firearms. (April Pattavina, 2005)
More recently (since at least 2005), ATF has been converting microfilmed dealer out-of-business records to "digital images". It is not clear whether this is a digitized "picture" file of the microfilm, or a digital record of each individual acquisition/disposition. (Regardless of the storage method, and whether access to the detail A/D record is automated or manual, this system is precisely a system of registration of firearms, firearm owners and firearm transactions specifically prohibited by 18 U.S.C. 926(a).)
In a paper presented to the United Nations Institute for Disarmament Research in Geneva, Switzerland, published in 2003, Gary L. Thomas, Chief, Firearms Programs Division, ATF, discussed the planned digitization of Out-of-Business dealer, importer, and manufacturer records, mentioned the projected cost, and noted it would not require any legislative or regulatory changes. Shortly thereafter, the digitization project appeared in the Congressional Appropriations Bill.
From the 2005 Appropriations Bill:
"Conversion of Records. The conferees recognize the need for ATF to complete the conversion of tens of thousands of existing Federal firearms dealer out-of-business records from film to digital images at the ATF National Tracing Center. Once the out-of-business records are fully converted, search time for these records will be reduced significantly. The conference agreement includes $4,200,000 for the ATF to hire additional contract personnel to continue the conversion and integration of records."
However, since 1979, Appropriations Bills specifically prohibited centralizing these same records:
"Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees:"
In the 2008 Appropriations Bill, the Tiahrt Amendment further restricted the disclosure of data from the Firearms Tracing System.
Definition of ATF Firearms Terms
"Crime Gun: Any firearm that is illegally possessed, used in crime, or suspected to have been used in crime. An abandoned firearm may also be categorized as a crime gun if it is suspected it was used in a crime or illegally possessed. Under this definition, most, but not all, traced firearms are crime guns. (However, ATF refers to all traced firearms as "crime guns" whether involved in a crime or not) Firearms trace data, however, are limited and may be biased by several factors:
• traced firearms are generally recovered by law enforcement, and they may not be representative of firearms possessed and used by criminals;
• there remains significant variation over time and from jurisdiction to jurisdiction as to "when, why, and how" a firearm is recovered and selected to be traced; and
• a substantial percentage of recovered firearms cannot be successfully traced for several reasons....".[2]
Suspect Gun: A suspect gun is a firearm that has not been recovered by law enforcement but is suspected to be involved in criminal activity. It is flagged in the Firearms Tracing System (FTS) so that if and when it is recovered and traced by a law enforcement agency, the criminal investigations can be coordinated. A few of ATF's own examples: individuals purchasing large quantities of firearms (including collectors of older firearms rarely used in crime), and dealers with "improper" record keeping. ATF frequently refers to these firearms as "Crime Guns", but this is misleading. Most were traced by Law Enforcement for some other reason. Some were traced because they were innocently carried in a car. Others were traced because they were found in an apartment house where an unrelated crime occurred. Other firearms, particularly from Mexican sources, were traced simply because mere possession is a crime in Mexico. If ATF (or the police) take guns into custody from a collector (even if completely innocent), the guns are traced. Other sources of innocent traces include gun "buy-back" schemes and guns voluntarily turned in to the police from estates and other sources. By state law, New York and Connecticut require tracing of all firearms.
Time to Crime: The period of time (measured in days) between a firearm's retail sale and law enforcement's recovery of the firearm in connection with a crime. (ATF notes it can be the time between the first retail sale and the trace or law enforcement possession. It may have no connection to any crime).
Firearms Theft: Federal firearms licensees (FFL) are required to report the theft or loss of firearms in their inventory to ATF so that if and when they are recovered and traced by a law enforcement agency, the criminal investigations can be coordinated. It is not known if ATF's database includes stolen firearms from the National Crime Information Center (NCIC) program.
Interstate Theft: Interstate carriers can voluntarily report the theft or loss of firearms in transit so that if and when they are recovered and traced by a law enforcement agency, the criminal investigations can be coordinated.
Obliterated Serial Number: Allows law enforcement agencies to submit firearms trace requests with partial serial numbers from crime guns recovered with obliterated serial numbers in order to identify the crime gun and develop investigative leads. This results in false (erroneous) traces.
International Tracing: ATF traces firearms for foreign law enforcement agencies to provide suspects for investigative leads, detect suspected firearms traffickers and to suggest international arms trafficking routes. More than 50 countries annually submit trace requests to the NTC, and over 30 have direct access through eTrace.
Out-Of-Business Records: When an FFL discontinues business, the FFL must send their firearms transactions records to the NTC. The NTC receives an average of 1.2 million out-of-business records per month and is the only repository for these records within the United States.
Multiple Sales Program: When an FFL sells two or more handguns to the same purchaser within five consecutive business days the FFL is required to submit a report of multiple sales to the NTC. The NTC receives an average of 140,000 reports of multiple sales from licensees each year. These reports, when cross referenced with firearms trace information for recovered crime guns, can be an important indicator in detecting illegal firearms trafficking.
Record Search Requests: By searching the out-of-business FFL records, the NTC can assist law enforcement agencies investigating the theft of firearms to obtain firearms serial numbers. This is conducted when the owner has no record of the firearm serial number and the FFL from whom the owner purchased the firearm is now out of business.
Certified Trace Requests: The NTC certifies firearms trace records and FFL out-of-business records for ATF and U.S. prosecutors for criminal court purposes. All information is validated for accuracy.
Demand Project: The NTC sends certified demand letters to non-compliant FFLs who repeatedly fail to respond to firearms trace requests within the required timeframe, and to FFLs who repeatedly sell firearms with short time-to-crime traces. (The time-to-crime is the period of time between the sale of a firearm and the use of that firearm in a crime.) Location
