 ATF Indianapolis – SDIN – (317) 287-3500 – Evansville SO 8 counties in SE Indiana covered by ATF Louisville  ATF Merrillville – NDIN – (219) 755-6310.

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Presentation transcript:

 ATF Indianapolis – SDIN – (317) – Evansville SO 8 counties in SE Indiana covered by ATF Louisville  ATF Merrillville – NDIN – (219) – 12 counties in NW Indiana  ATF Fort Wayne – NDIN – (260) – 20 counties in NE Indiana  ATF is responsible for enforcing the federal firearms, arson and explosives laws and regulating the firearms and explosives industry.  ATF works in conjunction with the United States Attorney’s Office  Considerations for prosecution – politics, resources, penalties  Adopted style cases – who (state or fed) can get more time  ATF – Protect our communities from violent crime, investigate the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and criminal bombings.  Key part of ATF success is our partnerships with state and local agencies.

 PROHIBITED PERSON – possession of firearm or ammunition by a prohibited person  18 USC 922(g) – punishable by up to 10 years imprisonment. Pursuant to 18 USC 924(e), may receive minimum sentence of 15 years without parole if offender has 3 or more prior convictions for a felony crime of violence (burglary, arson, extortion, assault..) or a serious drug crime (manufacture, distribution or intent to do same).  9 categories of prohibited person –  Felon  Drug user or addict  Alien (illegally or unlawfully in the US)  Adjudicated mental defective  Person subject to a domestic restraining order  Person convicted of misdemeanor domestic violence  Fugitive from justice  Person dishonorably discharged from military  Person who has renounced their citizenship  ELEMENTS – knowingly possessed the firearm, firearm has affected interstate or foreign commerce.

 18 USC 924(c) – use, carry or possess a firearm in relation to or in furtherance of a federal drug felony or crime of violence. At least 5 years imprisonment up to life or death. Sentences vary depending on type of firearm and type of use (carry, brandish, discharge)  18 USC 922(u) – theft of firearms from a licensed firearms dealer – up to 10 years  18 USC 922(j) – possession of stolen firearms – up to 10 years  18 USC 922(k) – possession of firearm with obliterated SN – up to 5 years  18 USC 922(d) – provide a firearm to a prohibited person – up to 10 years  18 USC 922(a)(1)(A) – engaging in the business of dealing in firearms without a Federal Firearms License (FFL) – up to 5 years  18 USC 922(a)(6) – Lying and buying, providing false information to a FFL – 5 years most common example straw purchasing  26 USC 5861 violations – relate to the unlawful possession, transfer and manufacture of machineguns, silencers, destructive devices, short barrel rifles and shotguns and any other weapons. Tax implications with the registration of these firearms Not illegal to own a machinegun that was properly registered prior to 5/86 Up to 10 years

 18 USC 1951 – Hobbs Act Cases – robbery of a business that has an affect on interstate commerce, often used in conjunction with 18 USC 924(c). Examples – drug store/gas station robberies.  TRACING of FIREARMS – every firearm taken into LE custody should be traced through ATF for possible connection to other criminal activity and to provide investigative leads. Can be done on line or call local ATF office.  NIBIN – National Integrated Ballistics Identification Network – ISP Lab, Marion County Crime Lab Administered by ATF, run by state and local LE agencies Examine firearms projectiles and shell casings in order to provide investigative leads in shooting incidents. Test fire seized firearms for comparison to recovered shell casings Link shooting incidents  FOLLOW THE GUN through tracing and NIBIN

 EXPLOSIVES – criminal use of explosives, prohibited persons similar to firearms possession (terrorism – FBI), 18 USC 842 EEO – render safe explosive devices, device determinations, expert testimony in court. 1 based in Indianapolis CES/SABT – identify, handle and destroy explosives. 1 in each IN office Both work with other Federal, State and Local Bomb Squads  ARSON/FIRE INVESTIGATION – use of fire to damage or destroy building/vehicle that affects interstate commerce 18 USC 844 Certified Fire Investigator – ATF SA who specializes in fire/arson investigation Work with local and state arson units. 1 in Merrillville, 1 in Indy  ATF National Response Team – investigate major fire/explosives incidents Can respond within 24 hours of request Request through local ATF office Considerations for activation - $ amount of property damage, loss of life, local resources, mostly for commercial properties