Multiple Sales Reporting
In August 2011, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) initiated the Multiple Sales Reporting (MSR) requirement for certain rifles. MSR requires federal firearms licensees (FFL), specifically dealers and pawnbrokers, in Arizona, California, New Mexico and Texas to submit reports of multiple sales or other dispositions to an unlicensed individual of two or more rifles within five consecutive business days having the following characteristics: (1) semiautomatic; (2) a caliber greater than .22 (including .223/5.56 mm); and (3) the ability to accept detachable magazines. The National Tracing Center advised FFLs in the four border states that the program was being implemented to assist in investigating and combating the illegal movement of firearms along and across the Southwest border.
The Gun Control Act (GCA) of 1968 requires federal firearms licensees (FFLs) to report multiple sales of handguns to the same purchaser [18 U.S.C. § 923(g)(3)]. The sale of two or more handguns must be reported if they occur at the same time, or within five business days of each other. The report must be filed with ATF no later than the close of business on the day the multiple sales or other disposition took place and includes information that identifies the purchaser and the firearms purchased. By law, a copy of this handgun multiple sale report must be provided to designated state or local law enforcement agencies. These reports provide ATF with potential intelligence and almost real-time investigative leads that can indicate illegal firearms trafficking. ATF began requiring the FFLs to report the multiple transactions in 1975. The federal statute that codified the multiple sales of handguns reporting requirement went into effect in 1986.
No similar law exists for other firearms, specifically long-guns, regardless of the caliber, gauge, or suitability for sporting purposes. As a result, individuals can purchase dozens of rifles at one time without ATF being informed of the sale. At the time the multiple sale reporting requirement was debated in Congress, handguns, not rifles, were considered far more likely to be diverted for illicit purposes within the United States.
ATF has long used multiple sales information to detect, investigate and prevent firearms trafficking. ATF views the recovery of one or more firearms that were part of a multiple purchase as an indicator of firearms trafficking, particularly if one of the firearms was recovered a short time after the multiple sale occurred (known as a short time-to-crime).
While handguns remain popular as crime guns in the United States, Mexican law enforcement officials have reported that certain types of rifles are regularly being used to commit violent crimes in Mexico. These rifles typically include AK-47 and AR-15 variants with detachable magazines.
By requiring the reporting of multiple sales of the specified rifles, this requirement has provided significant investigative leads to law enforcement in pursuing firearms trafficking to Mexico and in the United States. Reports of multiple sales or other dispositions are used to discern patterns in the purchase of firearms that may indicate the interstate trafficking of illegal firearms. The information is used to determine if the buyer (transferee) is involved in an unlawful activity, such as straw purchases. Specifically, this information provides leads on illegal firearms traffickers who provide firearms to Mexican drug cartels and others who use firearms to commit violent crime. In the initial analysis of ATF data, it appears MSR is also having a deterrent effect on illicit purchasing.
ATF is not creating a database of gun owners. ATF is using the information from the multiple sales forms to generate investigative leads. If firearms listed on MSR forms are not part of a criminal investigation within two years, the purchaser information is purged. As a matter of course, any information reported by FFLs to ATF that is not a part of the information request, is immediately purged from the system by ATF personnel.
Based on reporting of multiple sales of handguns, ATF estimates each one-page report takes an FFL 12 minutes to complete. ATF estimates the average wage for a firearms sales clerk is $11 per hour. The estimated annual time allotment per FFL is about 90 minutes to complete the forms. The estimated annual financial cost per FFL is $16.
Initially, ATF identified approximately 8,500 potential FFL respondents in the applicable states, and estimated that only 30 percent, or approximately 2,500 FFLs, conduct transactions that require reporting under the program.
ATF has seen several benefits that are the direct result of this data collection. First, collection and analysis of this data has resulted in substantive investigative leads that yield viable cases for federal prosecution. Second, collection of the requested information has given ATF the ability to more readily identify and interdict firearms trafficking networks. As opposed to tracing data, MSR data allows for more timely identification and contact with potential straw purchasers and traffickers. This enables ATF to disrupt, dismantle, arrest, and prosecute firearms traffickers earlier during the life of the criminal conspiracy. Last, this program has had a deterrent and disruptive effect on firearms trafficking networks. Forcing trafficking organizations to expand their networks and/or change buying patterns has given ATF agents more opportunities to infiltrate, investigate and disrupt these criminal conspiracies.
For more information about ATF go to www.atf.gov.