Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports Page: 4 of 6
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CRS-4
Multiple Handgun Sales Reports. Federal law requires FFLs to report to the
Attorney General (AG) whenever they transfer more than one handgun (pistol or revolver)
to any nonlicensee within five consecutive business days.10 The FFL must also forward
this information to either the state police or local law enforcement agency that has
jurisdiction in the area where the transfer occurred.11 Furthermore, except for information
pertaining to persons prohibited from possessing firearms, federal law prohibits state or
local law enforcement agencies from disclosing those records to any person or entity, and
requires those records be destroyed within 20 days of receipt, so that those records cannot
be used as a registry of firearms or firearms owners.12 At the end of every six-month
period, the state or local law enforcement agency is required to certify to the AG that the
record nondisclosure and destruction requirements were complied with.
Operational Limits on Illegal Firearms Trafficking Indicators. ATF
analyzes firearm trace data, multiple handgun sales reports, and firearms-trafficking
investigative data to more effectively target armed violent criminals and gun traffickers
for prosecution. By aggregating these data, ATF analysts are often able to discern
regional illegal firearms trafficking trends and patterns. Working with contract researchers
at Northeastern University, ATF developed indicators of illegal firearms trafficking:13
" multiple crime guns traced to an FFL or first retail purchaser;
" short time-to-crime for crime guns traced to an FFL or first retail
purchaser;
" incomplete trace results, due to an unresponsive FFL or other causes;
" significant or frequently reported firearms losses or thefts by an FFL;
" frequent multiple sales of handguns by an FFL or multiple purchases of
firearms by a non-licensee, combined with crime gun traces; and
" recovery of firearms with obliterated serial numbers.
In February 2000, ATF reported that a small number of FFLs accounted for a large
percentage of successfully traced "crime guns."14 ATF reported further that (1) out of
83,200 FFLs, about 1,020 had 10 or more firearms that were traced back to them in 1998;
(2) while those FFLs only represented about 1.2% of licensed retail dealers, they
accounted for more than 50% of traces to retail dealers in that year; and (3) less than 1%
of retail dealers, about 330 FFLs, had 25 or more firearms traced back to them.5 By
concentrating their enforcement and regulatory actions on this small percentage of FFLs,
ATF sought to prevent the further diversion of firearms into illegal channels of commerce.
10 18 U.S.C. 923(g)(3).
" Ibid.
12 Section 7 of H.R. 5005 (discussed below) would repeal the multiple handgun reporting
requirement to state and local law enforcement.
13 U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Commerce in
Firearms in the United States, (Feb. 2000), p. 22.
14 Ibid.
15 Ibid.
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Krouse, William J. Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports, report, June 16, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc807678/m1/4/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.