What is purpose of ATF's 'forward trace initiative'?

Gun Rights Examiner ^ | 27 March, 2009 | David Codrea

[marktwain]

A source with firearms industry connections sent me the following ATF Open Letter. My source has always been credible in the past, but I always try to get corroboration. I have attempted to get clarification directly from ATF with no response, so I am attempting to verify it independently. Perhaps you can help.

Here is what I sent ATF:

(The image of the letter did not make it to this post.)

And here is the letter:

OPEN LETTER TO FEDERAL FIREARMS LICENSEES REGARDING ATF’S FORWARD TRACE INITIATIVE

I would like to take this opportunity to describe the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) nationwide forward trace initiative. As you know, Federal law, 18 U.S.C. Chapter 44, requires Federal firearms licensees (FFLs) to maintain and make available certain records for inspection by ATF. Among those required records are the acquisition and disposition (A&D) book and ATF Forms 4473 for sales of firearms to individuals. Verifying this information is critical to our mission of protecting the public as it is the starting point for a FFL retailer accounting for firearms received. Through partnerships with and the continued cooperation of the firearms community, the forward trace initiative was implemented by ATF to ensure firearms are properly accounted for by FFL retailers.

The program focuses on types of firearms that are diverted by the criminal element from legal commerce. ATF Industry Operations Investigators (IOI’s) will visit manufacturers and ask for their assistance by identifying specific firearms makes and models and ask for the name of the distributor to whom they were sold. We then “follow the gun” to the eventual retailer. Any information requested by ATF IOIs as part of this program does not presume any wrongdoing by those firearms industry members contacted but simply will be used as a tool to ensure accountability for firearms received by FFL retailers. Cooperation by the industry with our forward trace requests is voluntary and not considered an ATF inspection under Federal law and regulations.

Industry members supplying any information are requested by ATF not to initiate any action as a result of our inquiry because it could potentially impact any ATF inspection or investigative effort. As always, if a manufacturer, importer or distributor has concerns regarding any retailer they should contact the nearest ATF office for assistance. Our continued open dialogue and partnership with the firearms industry makes for a safer America. "Forward trace initiative"? Is that anything like the "Department of PreCrime"?

I can see several problems with this right off the bat. This opens the door for all kinds of fishing expeditions. And how is a company that depends on compliance (to often arbitrary or unwritten "standards") with ATF for its survival reasonably supposed to be able to refuse "voluntary cooperation"--and then not fear repercussions? How is that not extortion?

Their "continued open dialogue and partnership" notwithstanding, it's not like the agency doesn't have a well-understood and feared reputation for finding paperwork glitches and trying to destroy people's livelihoods.

And it's not like they haven't been doing an end run around Congressional database registry restrictions by accumulating data at the gun store level--for years. When they take the "voluntarily"-provided information with them to the gun store, will the store owner's compliance also be "voluntary"? And how about when the agents show up at your door?

Then understand that agency directives are executed in support of overall goals established by Eric Holder's Justice Department, a wholly-owned subsidiary of "the most anti-gun president in American history." And ask how all this would tie in with their desire to use Mexican drug cartel violence (even though the heavy firepower is coming from Central America) to go after U.S. dealers, and modify U.S. gun laws?

What's going on here? Anything? Will ATF reply and disavow any involvement with the open letter? Is it a hoax?

Inquiring minds want to know.

[marktwain]

It certainly sounds plausible. I know that in the Clinton era ATF agents were going to gun shops in anticipation of the assault weapon ban and illegally copying all the copies of form 4473s that had any firearm that they deemed an "assault weapon" on them.

[Gilbo_3]

being as though the batfags already do these things anyway, my guess would be that if this ‘open letter’ is a real document that its part of the larger sleight-of-hand to distract people from something else...or simply a high bid on the next ‘compromise’...my .02...

[Virginia Ridgerunner]

Whatever it is, I don’t like it!

[Hardastarboard]

It's written in that bureaucratese language that they tend to use, so it's at least plausible. I went to their website briefly and looked, and I didn't find any references to a forward trace initiative, but it's kind of like sneaking into a building - I didn't stay too long.

I'll guarantee you one thing - anything they tell you is "voluntary" won't be for long. And if it really is "voluntary', who will have the courage to tell them no?

[TLI]

This has just got to be real, it has all the classic BS in it...

BS justification opening statement

Verifying this information is critical to our mission of protecting the public as it is the starting point for a FFL retailer accounting for firearms received.

The “activity” that they are justifying…

Any information requested by ATF IOIs as part of this program does not presume any wrongdoing by those firearms industry members contacted but simply will be used as a tool to ensure accountability for firearms received by FFL retailers.

The childish defense of the activity they are trying to justify and claim is not illegal or accountable…

Any information requested by ATF IOIs as part of this program does not presume any wrongdoing by those firearms industry members contacted but simply will be used as a tool to ensure accountability for firearms received by FFL retailers. Cooperation by the industry with our forward trace requests is voluntary and not considered an ATF inspection under Federal law and regulations.

If anyone complains or alerts other authorities to the potential illegal activates of the BATFEces actions they are “helping criminals.”

Industry members supplying any information are requested by ATF not to initiate any action as a result of our inquiry because it could potentially impact any ATF inspection or investigative effort.

Continue to tell them who they need to threaten.

As always, if a manufacturer, importer or distributor has concerns regarding any retailer they should contact the nearest ATF office for assistance.

BS justification closing statement.

Our continued open dialogue and partnership with the firearms industry makes for a safer America.

[catnipman]

I'm a Federally licensed firearms dealer (FFL), and this is almost definitely a hoax. I receive bulletins from the ATF all the time, and while the language sounds convincingly bureaucratic, there are several points that are problematic.

First, the ATF can't just go arbitrarily rooting around in these records. They have to have a specific purpose in initiating a firearms trace of a specific gun related to a specific crime.

Second, the exhortation “requested by ATF not to initiate any action” is pure hokum. The ATF doesn't ever “request” anything. They do however issue regulations and rulings (i.e., orders), all of which are based on Federal law and case law.

Third, a document on official ATF letterhead with the signature of the head of ATF would have been sent, and this could easily have been scanned to prove that it existed. That is, no scanned ATF-letterhead document with signature equals hoax.

That being said, the Obama administration has already officially indicated that it will not enforce certain laws that they do not like. What remains to be seen, is if they start enforcing laws that they make up without first consulting the U.S. legislative branch of our government.

[Condor51]

This is a Hoax.

I get everything issued by the BATF pertaining to anything on firerams - regs, forms, 'reminders', etc - and I didn't get this.

In fact the last thing I got, on 2-19, was the latest State Laws / Firearms Ordinances₍₁₎ along with a cover letter.

(1) I have a C&R Class 03 License. To them its the same as if I was regular Fiream Dealer, so I get 'everything'). The BATF finally put them on a CD instead of publishing those BIG books. Welcome to 2009 BATF ;-)

[TYVets]

Intimidation and Control of the peasants as always.

[yazoo]

How about just sticking to backward traces. A gun used in a crime can legitimately be traced backwards because it is evidence in a crime. Forward trace is a presumption of guilt without due process.