Bureau of Alcohol, Tobacco and Firearms
Within the United States Department of Justice, The Bureau of Alcohol, Tobacco and Firearms (ATF) is a federal law enforcement organization. They regulate illegal alcohol/tobacco production and “federal offenses involving the unlawful use, manufacture and possession of firearms and explosives”. In this paper, I will give a brief overview of the ATF’s history including firearm regulations and Montana state laws in purchasing a firearm.
“ATF is the youngest tax-collecting Treasury agency, separated from the Internal Revenue Service by Treasury Department” -ATF The Bureau of Alcohol, Tobacco and Firearms has traveled a long road of over 200 years with many obstacles to get to where they are today. Beginning with the creation of the Constitution, the United States Treasury used a system of taxes on imported spirits to help pay off lingering Revolutionary War debt. Although the import tax became abolished within 2 years, other taxes took its place off and on until 1862. Congress had created the Office of Internal Revenue (OIR) by Act 1 July 1862. The OIR began charging taxes on distilled alcohol and tobacco products which we still see today. The people began to rebel against these new taxes which lead to the government creating tax collectors. Tax collecting is still seen today and tax evading is a federal offence. In 1875, the Civil Service reforms act came into action. Agency frauds began to take place and millions of distilled spirit tax dollar money was being stolen as a result of the “Whiskey Ring”. The “Whiskey Ring” scandal between government agents, politicians, whiskey distillers and distributors was quickly quieted by the raids of secret agents. Over 3$ million dollars in revenue was recovered. By 1920 the Prohibition Unit enforces a nation-wide ban on the “manufacturing, sale or transportation of intoxicating liquors for beverage purposes”. This ban experienced many difficulties. The Unit became elevated to bureau status in 1927 within the department which lead to Elliot Ness charging Al Capone with tax evasion and over 5,000 prohibition violations. Once the Twenty-Fifth Amendment was passed Prohibition was appealed. Franklin Roosevelt then created the Federation Alcohol Control Association (FACA). This branch only lasted 20 months but was quickly replaced by the Federal Alcohol Administration (FAA) leaving the Department of Treasury to once again regulate alcohol and tobacco. Although Prohibition was over, the side effects left its mark. Justice’s Prohibition merged into Alcohol Tax Unit (ATU) which created the foundation for the Bureau of Alcohol, Tobacco and Firearms (ATF). Due to organized crime during Prohibition, the National Firearms Act was passed in 1934 but only lasted 4 short years before it became renamed as the Federal Firearms Act in 1938. The “firearms program” fell to the ATU to deal with. The ATU was used to managing controversial industries. As the Miscellaneous Tax Unit crumbled, Congress created the Internal Revenue Service (IRS) we know today. The IRS renamed the ATU the Alcohol and Tobacco Tax Diversion. The Alcohol and Tobacco Tax Diversion lasted until 1968 with the passage of gun control. With this, the responsibility of explosives, forced the IRS to rename the Alcohol and Tobacco Tax Diversion to the ATF in 1972.
Firearms have become a widely controversial issue today. The Firearms Technical Branch (FTB) of the ATF provides technical support to the ATF, other federal agencies, state and local law enforcement, firearms industry, congress and the general public. the FTB provides classifications on illegal and new firearms with their extensive databases and reference collections. Also, background on firearms legal in the United States, The Firearms Technical Branch gives firearms testimony to US Department of Justice, state prosecutors office, DA offices and military courts. These testimonies include the origin of the firearm, relating firearms and the firearms industry. “The mission of the Firearms Technology Branch is to serve as ATF’s technical authority relating to firearms and their classification under Federal laws, to respond to law enforcement agencies requests to test, evaluate, and provide expert testimony on firearms and ammunition, and to provide technical services to the firearms industry and other members of the public.” -ATF FTB
“The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.” -Montana State Constitution Purchase of firearms in Montana does not require a permit of purchase, registration of firearm, licensing of owners or permit to carry unless concealed carry of handguns within city-limits. “Open carry of a weapon is generally allowed by any person who is not otherwise prohibited from doing so under federal or state law.” -NRA Montana
To purchase a firearm in Montana, there is no law requiring background checks because all transfers are one directly through the FBI which enforces federal purchaser prohibitions. A social security number, date of birth, state of residency and drivers license is required upon purchase in the state of Montana.
http://www.atf.gov/content/about/our-history
"Our History." Home. US Department of Justice, n.d. Web. 29 May 2014.
http://en.wikipedia.org/wiki/Bureau_of_Alcohol,_Tobacco,_Firearms_and_Explosives
"Bureau of Alcohol, Tobacco, Firearms and Explosives." Wikipedia. Wikimedia Foundation, 26 May 2014. Web. 29 May 2014.
http://www.justice.gov/jmd/2013summary/pdf/fy13-atf-bud-summary.pdf
Krouse, William J. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Budget and Operations. Washington, D.C.: Congressional Research Service, Library of Congress, 2009. Web.
https://www.atf.gov/kids/about/history/index.html
"ATF for Kids - Our History." ATF for Kids - Our History. Department of Justice, n.d. Web. 29 May 2014.
http://smartgunlaws.org/background-checks-in-montana/
"Law Center to Prevent Gun Violence – Gun Law Information Experts." Law Center to Prevent Gun Violence RSS. Something in the Universe, n.d. Web. 30 May 2014.
Within the United States Department of Justice, The Bureau of Alcohol, Tobacco and Firearms (ATF) is a federal law enforcement organization. They regulate illegal alcohol/tobacco production and “federal offenses involving the unlawful use, manufacture and possession of firearms and explosives”. In this paper, I will give a brief overview of the ATF’s history including firearm regulations and Montana state laws in purchasing a firearm.
“ATF is the youngest tax-collecting Treasury agency, separated from the Internal Revenue Service by Treasury Department” -ATF The Bureau of Alcohol, Tobacco and Firearms has traveled a long road of over 200 years with many obstacles to get to where they are today. Beginning with the creation of the Constitution, the United States Treasury used a system of taxes on imported spirits to help pay off lingering Revolutionary War debt. Although the import tax became abolished within 2 years, other taxes took its place off and on until 1862. Congress had created the Office of Internal Revenue (OIR) by Act 1 July 1862. The OIR began charging taxes on distilled alcohol and tobacco products which we still see today. The people began to rebel against these new taxes which lead to the government creating tax collectors. Tax collecting is still seen today and tax evading is a federal offence. In 1875, the Civil Service reforms act came into action. Agency frauds began to take place and millions of distilled spirit tax dollar money was being stolen as a result of the “Whiskey Ring”. The “Whiskey Ring” scandal between government agents, politicians, whiskey distillers and distributors was quickly quieted by the raids of secret agents. Over 3$ million dollars in revenue was recovered. By 1920 the Prohibition Unit enforces a nation-wide ban on the “manufacturing, sale or transportation of intoxicating liquors for beverage purposes”. This ban experienced many difficulties. The Unit became elevated to bureau status in 1927 within the department which lead to Elliot Ness charging Al Capone with tax evasion and over 5,000 prohibition violations. Once the Twenty-Fifth Amendment was passed Prohibition was appealed. Franklin Roosevelt then created the Federation Alcohol Control Association (FACA). This branch only lasted 20 months but was quickly replaced by the Federal Alcohol Administration (FAA) leaving the Department of Treasury to once again regulate alcohol and tobacco. Although Prohibition was over, the side effects left its mark. Justice’s Prohibition merged into Alcohol Tax Unit (ATU) which created the foundation for the Bureau of Alcohol, Tobacco and Firearms (ATF). Due to organized crime during Prohibition, the National Firearms Act was passed in 1934 but only lasted 4 short years before it became renamed as the Federal Firearms Act in 1938. The “firearms program” fell to the ATU to deal with. The ATU was used to managing controversial industries. As the Miscellaneous Tax Unit crumbled, Congress created the Internal Revenue Service (IRS) we know today. The IRS renamed the ATU the Alcohol and Tobacco Tax Diversion. The Alcohol and Tobacco Tax Diversion lasted until 1968 with the passage of gun control. With this, the responsibility of explosives, forced the IRS to rename the Alcohol and Tobacco Tax Diversion to the ATF in 1972.
Firearms have become a widely controversial issue today. The Firearms Technical Branch (FTB) of the ATF provides technical support to the ATF, other federal agencies, state and local law enforcement, firearms industry, congress and the general public. the FTB provides classifications on illegal and new firearms with their extensive databases and reference collections. Also, background on firearms legal in the United States, The Firearms Technical Branch gives firearms testimony to US Department of Justice, state prosecutors office, DA offices and military courts. These testimonies include the origin of the firearm, relating firearms and the firearms industry. “The mission of the Firearms Technology Branch is to serve as ATF’s technical authority relating to firearms and their classification under Federal laws, to respond to law enforcement agencies requests to test, evaluate, and provide expert testimony on firearms and ammunition, and to provide technical services to the firearms industry and other members of the public.” -ATF FTB
“The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.” -Montana State Constitution Purchase of firearms in Montana does not require a permit of purchase, registration of firearm, licensing of owners or permit to carry unless concealed carry of handguns within city-limits. “Open carry of a weapon is generally allowed by any person who is not otherwise prohibited from doing so under federal or state law.” -NRA Montana
To purchase a firearm in Montana, there is no law requiring background checks because all transfers are one directly through the FBI which enforces federal purchaser prohibitions. A social security number, date of birth, state of residency and drivers license is required upon purchase in the state of Montana.
http://www.atf.gov/content/about/our-history
"Our History." Home. US Department of Justice, n.d. Web. 29 May 2014.
http://en.wikipedia.org/wiki/Bureau_of_Alcohol,_Tobacco,_Firearms_and_Explosives
"Bureau of Alcohol, Tobacco, Firearms and Explosives." Wikipedia. Wikimedia Foundation, 26 May 2014. Web. 29 May 2014.
http://www.justice.gov/jmd/2013summary/pdf/fy13-atf-bud-summary.pdf
Krouse, William J. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Budget and Operations. Washington, D.C.: Congressional Research Service, Library of Congress, 2009. Web.
https://www.atf.gov/kids/about/history/index.html
"ATF for Kids - Our History." ATF for Kids - Our History. Department of Justice, n.d. Web. 29 May 2014.
http://smartgunlaws.org/background-checks-in-montana/
"Law Center to Prevent Gun Violence – Gun Law Information Experts." Law Center to Prevent Gun Violence RSS. Something in the Universe, n.d. Web. 30 May 2014.