Who is the ATF and What do they do?

In this episode we discuss  my recent inspection by the ATF as well as the ATF and what they do.
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Transcript

0:17

Well, welcome to the lead sheet podcast. My name is Jeff Dowdell and I'm a licensed firearm dealer for the last 13 years. I'm passionate about our second minute rights. And in this podcast, we talk about all things related to the second amendment, as well as I might throw in a sports story or something that's going on in their current environment. Well, today is Saturday, March 20th, 2021. And it's been a pretty good week. This week Not a whole lot. Went on. But the interesting thing is, is that this week. And this is where I want to talk about a little bit was on Monday. I got inspected by the ATF. That wasn't a surprise. They, they called me and let me know that they were coming in. But I thought I want to just talk a little bit about that and then talk about the ATF and really who are they in? What are they. What do they do? So I've been an FFL. I said for 13 years now, I think I'm right at 13 years and I wasn't. I've been inspected. I think this was about the fourth time I've been inspected. I was inspected three times during the eight years of the Obama administration. And I was inspected. Wasn't inspected anytime, any at all, during the Trump administration. And now at the. Beginning of the Biden administration. I have already been inspected one time. So I don't know about it if it's a conspiracy, but it's surely I don't think it's a coincidence that The inspections have, have heated up now with the new administration. But I did want to say that. And all the times we've been inspected, the inspectors I have from the ATF had been great. I've heard horror stories out there from other eight. FFLs that what their inspections were like. And mine have always been very pleasant, very professional. They don't really seem to be out to get me. They're doing their job. They're very thorough. It it's a little nerve wracking. As you go through and they're trying to you know, make sure everything ties together and that you've done all your bookkeeping appropriately. I make mistakes. They catch those mistakes. I'm waiting on the final report from this inspection. All my other reports of there've been some discrepancies, but it's all. Dates are my problem. I have a horrible time with, With dates and either. Recording the right date. Forgetting to put down the date. Those types of things, or just validating that all the boxes got checked on the floor. And everything like that. In terms of all my IMC, no showing what's come in, what's gone out, tying together. Never had any issue with that. But they do go through it and it's a little, you know, little nerve wracking whenever they find something. And they start questioning you about it and you have to. Recall back you. To what may have. Caused you to enter something the way you did, or what transpired during this particular transaction? I mean this inspection, she went back. To my very first bound book from 2008. And it was, this was about my. Tent. 11th transaction that I've ever done. And we'll live. We were trying to figure out and it looked like I had missed something. And we finally realized what I'd done and it made sense to her. And I was able to explain it, but that's typically what goes on. They're they're they don't come in there. Guns ablazing, they don't kick down my door. They she did call ahead of time and they can make an appointment. The others have just shown up at my door. And typically I'm not home and they leave their card. I call them. And then we schedule appointments. Since I do have a day job, I usually have to take a day off to sit here. And go through there. Help them go through the paperwork. This took about three hours today, but this on Monday, but it was, you know, relatively painless. But Yeah, who is the ATF and what are they responsible for? You know, the second amendment community is typically a pro gun. I mean pro gun obviously, but pro law enforcement. But they have a lot of disdain for the ATF. And I think part of that goes back from the convoluted history of the ATF and their beginnings is tax collectors. Since the time of Jesus tax players. Tax collectors have had. You know, just the disdain of public of the public fall upon them. But also, you know, the ATF has been consumed in various scandals, including Ruby Ridge Waco. One of my. Favorites fast and furious. Plus. You know, they're seen as, as being a rogue agency geisha. You know, some level of unconstitutional monitoring and investigation of gun ownership. But you know, how did they come? And, and and what is a, this agency that is the Bureau of alcohol tobacco. Firearms and explosives. All responsible for them. What do they do? I mean, that is a. Odd combination of things to put into a law enforcement agency. But it goes back to you know, 1789. We had our new constitution. We started texting alcohol to help pay off the tax from the revolutionary war. Eventually these new taxes were abolished and new ones. Put in their place. And by 1862, Congress had created the office of the internal revenue. That oversaw taxes on distilled spirits and tobacco. And by 1863 tax evasion or organized crime. Activity has become so widespread that Congress authorized the hiring of three detectives to investigate alcohol tax leaders. This act was the first coordinated effort between tax collection and law enforcement, and they see three detectives are the forerunners to today's ATF agent. January 19, 1999, Congress ratified the 18th amendment banning the manufacturer sale and transport of alcoholic beverages. However, there was no provision for any type of law enforcement. On October 28, 1999, Congress passed the Volstead. Brohill. Prohibition enforcement act, which delegated the responsibility for politicing the 18th amendment to the commissioner of internal revenue department of the treasury. Both legislations become effective on January 16th, 1920. The prohibition unit is then created to enforce a national prohibition act from 1920 to 1926. Men and women were hired to serve as prohibition agents and they were often referred to as dry agents by the public. General Andrews of world war. One thing is soon appointed to be the assistant secretary of the treasury in charge of the prohibition in may of 1925. He reorganized the prohibition unit into the Bureau of prohibition and began to pray. Professionalize the service building a VR Are veritable army to fight organized crime. When prohibition ended with the passage of the 21st amendment, after three years under the department of justice, the federal Parisian prohibition Bureau and successor, the alcohol beverage unit or abolished and their function records, their function records and personnel transfer back to the us department of treasury the new alcohol taxi unit faces many problems, corrupt, local authorities. Can not be reformed of night. And the public's acceptance of liquor were racquets result in lackluster prosecutors, complacent Jerry's and lenient judges. In spite of all the increased ankle increasing, organized crime activities, All tax unit sees as many as distilleries and the first few months after its creation. When revive support for the public and the hard work of the unit slowly began to pay off the unit managed shut down and dismantle large organized crime, liquor, Synagis, and the attitude of prosecutors, juries and courts began to change. The new commission of the alcohol tax unit, the enforcement of the national firearms act is announced and becomes effective in ninth, 1941. So now here's the first step where we go from enforcing alcohol laws to farm laws. And to me it's still not clear. Have this related in terms of their enforcement. But at that point in time, I think it was because there really weren't many firearm laws and that they didn't really justify. Creating an entire new unit to enforce farm laws. And so they just stuck it on these guys that were responsible for enforcing alcohol laws. But after they had SAS nations of president Kennedy, attorney general, Robert Kennedy, Dr. Martin Luther King, the gun control act is passed and imposes even stricter licensing and regulation on the farm industry establishes new categories of farm offenses and prohibits the sale of firearms and ammunition Stellan and certain other prohibited person. It also impose the first federal jurisdiction over destructed devices, including bombs, mines, grenades. And other similar devices, Congress reorganized with the alcohol. Alcohol Tax unit into the alcohol tobacco tax division. And they've got delegates them too. Then the enforcement of the gun control act. So now we start to see, it's really starting to Meld together in terms of, of how this unit's coming together, but it's still really, to me makes no sense about how these functions were determined. The treasury department or two. Two 21 in July, 1972. Said that the functions powers and duties relating to the alcohol tobacco, firearms and explosives were transferred from the internal revenue service again, tax collection to the Bureau of alcohol, tobacco, and firearms. This was the birth of the ATF under the director rec Davis. The ATF becomes an independent Bureau on July one, 1972. Reporting directly to the universe, us department of treasury office of enforcement, tariff, and trade affairs and operations. ATS. Diction increases their new legislation, such as the gun control act of 1968. Title. Eighth seven onto this crime control and safe street act in 1968. And title 11 of the organized crime control act of 1970. So then we're going to kind of jump ahead now in time to the the Brady handgun, handgun, handgun violence prevention act 1993. But Brady law required a federal farm license to initiate criminal background checks prior to selling firearms to unlicensed individuals. So the impact of the Brady law was the ATF and the FBI font jointly implemented the permanent provisions of the Brady law that became effective in 1988. ATF two primary responsibility are to investigate criminal violations of the law and to regulate and inspect federal firearms licenses. So now here is where they're getting into the act of investigating those of us that sell hand guns, except for a brief period during the prohibition era ATF in his person or bureaus. Functions within the us department of treasury for more than 200 years in January of 2003, ATS functions and responsibilities were finally transferred to the department of justice. So. Let's just walk through there, there are different areas of responsibility, alcohol and tobacco. So I'm I'm, this is right from their website, ATS, alcohol and tobacco enforcement programs. Purpose is to target, identify and dismantle criminal enterprises with ties to violent crime that traffic illicit liquor or contrarian tobacco and interstate commerce seize and deny their access to assets and funds and prevent their encroachment into the legitimate alcohol or tobacco industry. Firearms ATF recognizes the role that farm play in violent crimes and pursue an integrated regulatory and enforcement strategy. Investigates priorities. Focus on armed violent offenders and career criminals, narcotic traffickers, narco terrorists, violent gangs, and domestic and international arm traffickers. Section nine 24 C and E. The title 18 in the United States code provide mandatory and enhancing sentencing guidelines for armed career criminals in narcotics traffickers, as well as other dangerous criminals. ATF uses. These statutes to target, investigate and recommend persecution prosecution of these offenders to reduce the level of violent crime enhance public safety. ATF also strives to increase state and local awareness of. Of federal prosecution under these statutes to curb the illegal use of farms and enforced the federal farm laws. ATF uses issues, firearms, licenses, and ducks, farm life, and three qualification and compliance inspections. In addition to aiding the enforcement of federal requirements for gun purchases compliance inspections of existing licensees focus on assisting law enforcement to identify and apprehend criminals The inspections also help improve the likelihood that crime gun traces will be successful since inspectors educate licensees and proper record keeping and business practices. Explosives ATF is dedicated to preventing terrorism. We're using violent crime involving a criminal misuse of explosives and prohibiting the public by enforcing laws and regulations governing the explosive industry, ATF investigates and prevents crimes that involve the unlawful nine extra sale and possession and use of explosives. So. Overall they're there. Responsibilities include licensing training. Data collection. When it comes to firearms and explosives. So on top of having mixed responsibilities, like I said, with licensing regulating enforcement, there are different than any other law enforcement agency offload. They have like a ripe. And I think the reason I say that they're different is that most agencies aren't out there. Regulating. They're just enforcing the law and going after criminals and they're not. Regulating and issuing in interpreting statutes. Which is part of what the. ATS problem is also, they have a a ripe. A history of controversy, including Ruby Ridge, Waco, and fast and furious. And all of these, you know, they overstep their authority, skirted constitutional rights. And unnecessarily escalated the situation. This is typical of how they operate and thus, that's why there's such some ill feelings toward the agency. And then when you get to our second amendment, All told there are over 220,000 farm laws and regulations on the books at the state and federal level. Many of these contradict each other, or written with a lot of room for interpretation. And the ATF then. Expanses. Bye. Creating very vague interpretations of their own of how they're going to enforce these regulations. So gun owners, gun dealers are easy prey for a corrupt. In law with agency that wants to twist his arms outside the bounds of law. And this they've had the history of doing this. And that is why everybody. When the ATF comes in, But you do have to be suspect because they can interpret their laws. And they're, they're constantly going back and forth in terms of their interpretation, the pistol brace for recent issues with the pistol brace have been very telling of that, of these types of practices where they want. Granted approval to manufacturers. Pistol braces, and then they quickly. We send those into that. They were now. Prohibited devices. So while we support our law enforcement and we continue to do so, and I support the law enforcement acts of the ATF. We still have to be prepared to call them out when they step out of line, because they. Are on the front. Of protecting and defending our second amendment and they can be very dangerous in terms of prohibiting our second amendment or infringing upon it, I guess. And so I thought it was important to just kind of sit down and spend a little time talking about the ATF. I'm going to probably delve into there. Some of the controversy they've had in some other episodes especially fast and furious. Place my This is as a FFL because. One of the things that I have to do as an FFL is I have to report multiple rifle transfers. Two people. If they happen within a five day period, And that is all a result of fast and furious. They said because they were accusing dealers on the border States, Texas being one. Of illegally transferring firearms, multiple firearms. Two people that were taking them out into Mexico and giving them over to the, to the drug cartels. When in fact. It was the ATF. Themselves. Delivering these weapons over and they created the crisis very much like our own border pride crisis that we're having today. They lost track of the weapons and, and such. So, and, but then they wanted to blame. Gun dealers for it. So again, there's a little special place in my heart for fast and furious. So we'll dig into that someday. But thanks for listening. And I appreciate all you that listen. Follow this podcast on any of your FA players. Click the like button. Share it with others. Check out my show note. All my social media is in there. Follow me there, reach out and contact me. And y'all have a great week.