Tag Archives: ATF

IG Report: ATF Scraps Drone Program After Wasting $600K on Broken Drones

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, referred to colloquially as the ATF, is a prohibition-era law enforcement division charged with investigating crimes related to the trade of alcohol, tobacco, firearms, and explosives, despite the fact that three of those categories now pertain to clearly-legal products. According to a report by the Department of Justice‘s inspector general, the ATF took cues from the Federal Bureau of Investigation and the National Security Agency and attempted to get in on the surveillance-of-US-citizens business, but gave up after the drones it ordered from contractors at a cost of $600,000 failed to meet advertised technical capabilities, rendering them useless for surveillance missions.

The inspector general’s report stated, “ATF officials told us that they acquired these [unmanned aircraft systems] to provide video surveillance that could integrate with other surveillance platforms and equipment already in use… ATF officials reported that ATF never flew its UAS in support of its operations because TOB testing and pilot training revealed a series of technological limitations with the UAS models it had acquired. In particular, ATF determined the real-time battery capability for one UAS model lasted for only about 20 minutes even though the manufacturer specified its flight time was 45 minutes. ATF determined that the other two models of UAS acquired also were unreliable or unsuitable for surveillance. One UAS program manager told us ATF found that one of its smaller UAS models, which cost nearly $90,000, was too difficult to use reliably in operations. Furthermore, the TOB discovered that a gas-powered UAS model, which cost approximately $315,000 and was specified to fly for up to 2 hours, was never operable due to multiple technical defects.”

The Washington Times notes that the drone program was subsequently scrapped. However, this did not stop the ATF from spending $15,000 more on five additional drones following the cancellation of the program. Those drones were used “to conduct one brief UAS flight in July 2014 to document the aftermath of a Louisiana apartment fire that resulted in the deaths of three residents” before “[ATF officials] became aware that they were required to obtain an FAA COA before operating UAS” leading them to ground “their UAS until they obtained further clarification and guidance on deployment requirements.” The inspector general said that “[ATF] should have communicated its decision to suspend UAS activities across the entire agency” to avoid wasting the additional $15,000 on five more useless drones.

The inspector general concluded, “Although the OIG did not specifically audit ATF’s UAS contracts, we are troubled that the process ATF used to purchase these UAS resulted in ATF spending approximately $600,000 on UAS models it ultimately determined to have significant mechanical and technical problems that rendered them unsuitable to deploy in support of ATF operations. Therefore, we recommend that ATF direct responsible officials to perform a thorough needs analysis regarding the potential UAS capabilities it requires that ensures the best approaches to procure UAS prior to restarting future UAS acquisition activity.”

The report also pointed out the fact that the FBI has used drones in 13 different missions so far, “including search-and-rescue operations, kidnappings, fugitive manhunts, national security missions and anti-drug trafficking interdictions.”

ATF Director Resigns Amid Controversy Over Backdoor Ammo Ban

By CHUCK ROSS

The director of the Bureau of Alcohol, Tobacco, Firearms and Explosives resigned suddenly on Friday while the agency is still reeling from its failed “backdoor ammo ban” of the popular 5.56 M855 bullet.

It is unclear if B. Todd Jones’ departure is at all related to that proposed ban. A statement released by the agency only said that he will resign effective March 31 to pursue opportunities in the private sector. ABC News reported that Jones will take a job in New York City, possibly with a professional sports league.

Whatever the reason for his departure, the 57-year-old Jones leaves the agency on a sour note after the ban attempt.

With backing from the Obama administration, ATF sought to prohibit the sale of the M855 — the so-called “green tip” — out of fear that they pose a risk to police officers since they can pierce bullet-proof vests. Green tips were approved by the ATF in 1986, and have become more popular for use in AR-15 pistols.

The agency offered a comment period from the public, but did not advertise the proposal.

Gun rights groups such as the National Rifle Association and numerous lawmakers pushed back heavily on what was characterized as a “backdoor ammo ban.”

That outcry forced ATF to temporarily table the idea.

But Jones did little to assuage those groups’ fears after the ban was shelved. Last week he told the Senate Appropriations Committee that all 5.56 rounds pose “a challenge for officer safety.”

That statement was interpreted by many as an indication that the Obama administration has plans to ban more than just the M855.

Jones has served as director of the agency since July 31, 2013. He was nominated by President Obama in January of that year after serving as acting director since August 2011.

“ATF employees are hard-working, dedicated individuals who serve the public to make our nation safer every day,” he said in a statement. “I have seen firsthand their extraordinary commitment to combatting violent crime, ridding the streets of criminals, and leveraging all available resources to keep our communities safe.”

Jones will be replaced by current ATF deputy director Thomas Brandon. He’s been with the agency since October 2011.

“Throughout his tenure as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Todd Jones has cemented his reputation as an exemplary leader, a consummate professional, and an outstanding public servant,” Attorney General Eric Holder said in a statement.

Holder also said that Jones “has made bold changes, advanced forward-looking policies, and taken innovative steps to strengthen ATF’s investigative capabilities—including ballistic imaging technology that recently played a critical role in the investigation of the shooting of two police officers.”

Update: ATF Calls Ammunition Ban ‘Publishing Error’

In February, we reported that the ATF was banning a popular ammunition, M855, calling it “armor piercing.” That rule change, the ATF said in a statement, was due to a “publishing error.”

Here is the full statement:

On Feb. 13, 2015, ATF released for public comment a proposed framework, including legal and technical analysis, to guide its determination on what ammunition is “primarily intended for sporting purposes” for purposes of granting exemptions to the Gun Control Act’s prohibition on Armor Piecing Ammunition. This proposed framework is posted for public comment only; no final decisions have been made as to its adoption. Media reports have noted that the 2014 ATF Regulation Guide published online does not contain a listing of the exemptions for Armor Piercing Ammunition, and concluding that the absence of this listing indicates these exemptions have been rescinded. Please be advised that ATF has not rescinded any Armor Piercing Ammunition exemption, and the fact they are not listed in the 2014 online edition of the regulations, was an error, which has no legal impact on the validity of the exemptions. The existing exemptions for armor piercing ammunition, which apply to 5.56 mm (.223) SS 109 and M855 projectiles (identified by a green coating on the projectile tip), and the U.S .30-06 M2AP projectile (identified by a black coating on the projectile tip), remain in effect. The listing of Armor Piercing Ammunition exemptions can be found in the 2005 ATF Regulation Guide on page 166, which is posted here. The 2014 Regulation Guide will be corrected in PDF format to include the listing of Armor Piercing Ammunition exemptions and posted shortly. The e-book/iBook version of the Regulation Guide will be corrected in the near future. ATF apologizes for any confusion caused by this publishing error.

According to The Blaze, “Despite this correction, several observers noted that the ATF is still considering a ban of this popular ammunition, as outlined in their proposed framework.”

Apparently, the ATF is strongly considering a new stance that would get rid of a decades-old exemption that allowed the sale of the M855. They are currently taking public comments on this proposal.

 

Update: The ATF shelves the ammo ban.

CORRECTION: Ammunition ban would be on 5.56mm green tip bullets

A previous report stated .223 ammunition rounds were to be considered armor piercing by the ATF, however, this was not totally true. Rather, .223 rounds would not be considered armor piercing rounds, but the 5.56mm green tip bullets used in both SS109 and M855 cartridges could be placed in the category of armor piercing rounds.

Upon further reading on the subject, these 5.56mm rounds were exempt from classification in the amendment to the GCA made in 1986, because handguns which could handle this type of ammunition were not commercially available. These rounds are commonly used in AR-style rifles as well as AR-style handguns, of which the handguns have become more widely available in recent years.

The ATF recognizes this ammo type can be used for “sporting purposes” such as for target shooting or hunting, as it is generally more accurate. The main concern lies with handguns which can consecutively fire more than one round without reloading, such as revolvers and semi-automatic handguns. The ATF concludes the types of handguns which use this type of ammunition are not primarily used for sporting purposes, and the ban would be on ammunition which would be able to be fired from these types of handguns.

However, any cartridges, 5.56mm or not, which are meant to be fired from a single-shot handgun, a handgun which can “break-open” or is a “bolt action handgun,” will continue to be exempt from armor piercing status as they are recognized as being used for sporting purposes. Handguns which do not accept a single cartridge manually and accept in its place a magazine or other ammunition feeding device will not be recognized as for use in sporting purposes either.

Finally, the ATF writes, “ammunition that was previously exempted as ‘primarily intended to be used for sporting purposes,’ specifically 5.56mm constituent projectiles of SS109 and M855 cartridges, will again be regulated as “‘armor piercing ammunition.'”

As a writer for Truth in Media, I apologize for the previous article on this subject where I stated AR-style rifles would be “rendered obsolete.” This in incorrect and I take full responsibility for my mistake. I will continue to strive for the truth behind stories from around the world. Again, I apologize for my mistake.

ATF could ban .223 ammunition by reclassification

This article has a correction. Please click HERE to read.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has released a plan which would reclassify the popular .223 (M855) round as an armor piercing round.

This particular ammo type is most commonly used in all AR-15 style rifles, and if the ammo were to be reclassified, these firearms would be rendered obsolete without the proper ammo.

Reclassification of the .223 round as an armor piercing round would effectively ban sales of the round to all civilians under the Gun Control Act of 1968. The GCA says any ammo “primarily intended to be used for sporting purposes,” is the only ammo allowed to be sold to the general public. The ATF defines armor piercing rounds, though, as any ammo which is meant to penetrate body armor and was manufactured for military or police use.

However, the GCA was amended in 1986 to allow exceptions in the original Act. The amended Act, therefore, allows armor piercing rounds to be sold to”government agencies,” as well as “for testing or experimentation authorized by the Attorney General.” 

The NRA Institute for Legislative Action though, is calling the new ban a “continuation of Obama’s use of his executive authority to impose gun control restrictions and bypass Congress.”

The NRA-ILA also said by definition, the .223 (M855) round cannot be classified as armor piercing because the law lists a number of metals, such as tungsten alloy, steel, or even depleted uranium, which are used in the cores of armor piercing rounds. The .223 (M855) round however has a traditional lead core with a steel tip, and “therefore should never be considered ‘armor piercing,'” according to the NRA-ILA.

The ATF has said they will accept comments on the new framework for 30 days, and the comments will be taken into consideration for the final draft of the framework.

 

This article has a correction. Please click HERE to read.

New E-mail Revealed DEA, ATF Plan To Monitor Gun Show Attendees

According to a newly disclosed e-mail, the DEA and ATF collaborated on plans to monitor gun show attendees with automatic license plate readers.

The e-mail was released by the ACLU through the Freedom of Information Act.

The email, which is from April 2006 states the “DEA Phoenix Division Office is working closely with ATF on attacking the guns going to [redacted] and the gun shows, to include programs/operation with LPRs at the gun shows.”

According to the ACLU, “The government redacted the rest of the email, but when we received this document we concluded that these agencies used license plate readers to collect information about law-abiding citizens attending gun shows. An automatic license plate reader cannot distinguish between people transporting illegal guns and those transporting legal guns, or no guns at all; it only documents the presence of any car driving to the event. Mere attendance at a gun show, it appeared, would have been enough to have one’s presence noted in a DEA database.”

The ACLU asked the DEA about this project, and they claim it was never implemented. “We were certainly glad to hear them say this, as we had rationally, based on the scrap of information left unredacted in the document, concluded that gun show monitoring was underway,” explained the ACLU in a blog post.

This isn’t the first time the government’s license plate collection plans were revealed by the ACLU.

According to heavily redacted documents obtained through Freedom of Information Act requests, the DEA has gathered as many as 343 million records in the National License Plate Recognition program, reported Derrick Broze for BenSwann.com.

 

Exclusive: Air Force Vet/Firearms Expert Sentenced to Prison

 

Arnold's Air Force service record was spotless. He was considered one of the military's best marksmen and one of the Air Force's best firearms instructors.
Tim Arnold served his country for 20 years and executed many top secret missions. Now he must serve time in prison.

WASHINGTON, October 10, 2014–Former firearms instructor and decorated Air Force veteran Timothy Arnold stood for sentencing before Chief Judge Lisa Godbey Wood on October 9, 2014 at the United States District Court of Southern Georgia. Arnold received a sentence of 22 months behind bars and a fine of $168,000 for what many people close to the case believe is the result of a highly unethical investigation without merit.

Advised to not speak in his own defense at the trial, Arnold gave this statement at his Thursday morning sentencing, “I think it is very obvious how much I love this country. During my 20 years in the military, I was given missions and tasks that I did not agree with, but I did them. I do not agree with this guilty verdict, but I believe in this country. I will continue to do the same thing I have always done, and that is live with integrity. Preserving my reputation and my honor means more to me than it probably does to the average person. Now that I have lost my cherished Second Amendment rights, I have also lost the way I make my living. I must focus on protecting and providing for my wife and our little daughter…” Arnold choked up, unable to finish his statement.

Tim Arnold served his country for 20 years and executed many top secret missions. Now he must serve time in prison.
Arnold’s Air Force service record was spotless. He was considered one of the military’s best marksmen and one of the Air Force’s best firearms instructors.

As previously reported on BenSwann.com, Arnold’s charges included conversion (embezzlement,) manufacturing firearms, and illegally dealing firearms. According to multiple affidavits by other agents and witnesses, lead investigator Special Agent Wendell Palmer assembled no true elements of crime but broke multiple Air Force Policy Directives. Most damaging to Arnold’s case were the gross misrepresentations the witnesses say Palmer applied to their unsigned statements used during the trial. Palmer also confiscated personal firearms, records, and other property without providing a receipt. When his superior, Colonel Kristine Blackwell, was asked to intervene, she reportedly turned her back and laughed.

Alarmed by this “less than professional” investigation, many fellow agents and members of law enforcement interviewed by Palmer registered official complaints with the Air Force Inspector General (IG) before Arnold’s case went to trial. This information was not disclosed to the judge or the jury. It is unclear whether or not the IG has responded to the complaints of its OSI agents by opening an investigation of its own. One complaint stated, “I am extremely concerned for what I believe to be a misstatement of facts, improper evidence accounting procedures, and unsubstantiated allegations.”

Palmer declared to multiple witnesses during interviews that he believed Arnold was manufacturing fully automatic and silenced weapons and abusing the government credit card to do so. “I did not feel this information was correct, and felt it was inappropriate for Palmer to make such a statement during an ongoing investigation,” said a fellow agent. Another complainant said, “Upon reading Palmer’s documentation of my interview, I wish I had insisted on doing so (providing a written statement) as he took significant liberty with information I provided and did not account for important details I made sure to convey.” In simple terms, it appears Arnold was framed—but for a crime that didn’t exist.

A Congressional inquiry into this matter was originally requested through Rep. Jack Kingston’s (R-GA) office in 2011, but it was Rep. Carol Shea-Porter (D-NH) who actually opened one this year.

Arnold has 30 days to report to the Bureau of Prisons and begin his sentence. Congress has 30 days to get something done about it.

A Bill by Rep. Jim Sensenbrenner Could Finally Eliminate The ATF

A bill proposed by U.S. Representative Jim Sensenbrenner would eliminate the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Sensenbrenner cited operational failure, as well as service overlap as reasons why the ATF should be eliminated: “By absorbing the ATF into existing law enforcement entities, we can preserve the areas where the ATF adds value for substantially less taxpayer money,” the Wisconsin Republican told the Milwaukee Journal Sentinel. “While searching for its mission, the ATF has been plagued by decades of high-profile blunders…We cannot afford to ignore clear changes that will greatly enhance the government’s efficiency,” added Sensenbrenner.

Those high-profile blunders include botched undercover storefront stings where the agency used people with mental disabilities to promote operations and then arrested them; opened storefronts by schools and churches, boosting their arrest numbers and penalties; attracted juveniles with free video games and alcohol; paid inflated prices for guns, prompting people to buy new guns and quickly sell them to agents for a profit; allowed armed felons to leave their fake stores; and openly bought stolen goods, spurring burglaries in surrounding neighborhoods.

One of those stings took place in Milwaukee’s Riverwest neighborhood. The store was burglarized, and an agent’s machine gun was stolen and never recovered.

Another operational failure was “Operation Fast and Furious,” where agents in Phoenix stood by as thousands of assault rifles passed into the hands of criminals and ended up at murder scenes, including one where a U.S. border guard was killed.

A new Government Accountability Office report released Wednesday found the ATF trying to redefine itself while struggling with high employee turnover and problems tracking its criminal investigations.

This isn’t the first time that dissolving the ATF has been considered.

The GAO report is just the latest in a series of documents and studies going back more than two decades that are critical of the agency’s overlap with other law enforcement.

At least two of those reports have called for the ATF to be dissolved and its responsibility folded into other federal agencies. According to the Milwaukee Journal Sentinel, dissolving the ATF, which received $12 billion from Congress between 2003 and 2013, has bipartisan support.

According to Sensenbrenner, the ATF’s duties could be absorbed by the FBI, which has a sounder and more capable structure.

Firearms Applications Increase 380%, Swamp ATF Registration System

 

Much to the chagrin of gun control advocates everywhere,  a surge of firearm applications has overwhelmed the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

Between 2005 and 2013, firearms act-related applications skyrocketed by more than 380 percent to 200,000.

 

According to the USA Today, the ATF said it was temporarily suspending parts of its computerized system to shore up capacity in part to process the required registration and transfer of National Firearms Act covered weapons, which also include silencers, short-barreled shotguns, short-barreled rifles and some explosive devices.

 

In an April 16 memo from ATF Deputy Assistant Director Marvin Richardson, the surge contributed to a 70,000-application backlog, requiring the ATF to hire 15 additional people and to reassign 15 existing employees to combat the backlog.

 

“We have seen dramatic, unprecedented … growth in the firearms and ammunition industry as the direct result of consumer demand for our products in the last five years,” the National Shooting Sports Foundation, the gun industry’s trade association, said on its website. “Not surprisingly, growth has placed added demand on the (ATF’s) Office of Enforcement Programs and Services. Today, the office simply does not have the funding or personnel it needs to serve the industry and, by extension, our customers.”

 

According to ATF records, a total of 512,790 machine guns were registered across the country in 2014, more than 571,000 silencers, 2.2 million so-called destructive devices, which include grenades and other explosives, 137,201 short-barreled rifles and 131,951 short-barreled shotguns.

 

The automated system launched last year and grew from 673 users last year to 10,000 today.

BREAKING: Obama Signs Two New Executive Orders On Gun Control

It was reported a few days ago that President Obama was meeting secretly with America’s top mayors to announce executive action on gun control. According to Kristin Tate, one of our reporters, “As you may remember, Obama failed to pass gun control measures through the Senate last spring. Most notably, the president was pushing for background checks for gun purchases.”

Today Obama made good on his promise to push for more gun control.

Rather than wait for Congress to pass new laws Obama bypassed them today. The two executive orders were announced at the same time the new Alcohol, Tobacco, and Firearms (ATF) director Todd Jones was sworn in. Jones has been upheld by Senate republicans until recently. The ATF will be the enforcer of Obama’s two new executive orders.

The first order seeks to close a loophole, which allows felons and others who would be otherwise prohibited from owning firearms to bypass the law by registering their firearms with a trust or corporation. This would exempt them from having to complete a background check. It also forces anyone associated with a trust or corporation to complete a background.

The second order signed by Obama seeks to prohibit military-grade weapons from entering into America by keeping private entities from re-importing guns that the US previously sent to foreign allies. Currently, a law already requires U.S. government approval before these weapons can be re-imported. The White House says that more than 250,000 weapons have been brought back to America since 2005. Under the new executive order this practice will no longer be allowed. The weapons sent to foreign countries will have to remain there.

Is Obama overstepping his authority by enforcing laws through an agency rather than have Congress pass them?

-Let us know what you think in the comments below.