Justice Department Announces ATF’s Publication of Final Volume of National Firearms Commerce and Trafficking Assessment

Source: United States Department of Justice

The Justice Department today released the ATF’s publication of Protecting America from Trafficked Firearms: NFCTA Updates, New Analysis, and Policy Recommendations , the fourth and final volume of the National Firearms Commerce and Trafficking Assessment (NFCTA). This landmark series represents the most thorough research, analysis, and examination ever of firearms commerce and how firearms enter illegal markets and fall into the wrong hands.

In April 2021, President Biden and Attorney General Merrick B. Garland directed the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to lead a research group in conducting a comprehensive study of criminal gun trafficking — defined as the intentional movement of firearms into the illegal market for a criminal purpose or possession. This directive acknowledged the urgent need for data-driven strategies to curb gun violence and illegal gun trafficking across the nation.

Volume IV, compiled after years of research by leading experts from both law enforcement and academia, delivers updated findings and trends that highlight how firearms reach criminal actors. It also underscores the critical role ATF and its partners play in disrupting these networks through its cutting-edge Crime Gun Intelligence — the free tools ATF provides to state, local, Tribal and federal law enforcement partners to help them prevent shootings, catch shooters, and break shooting cycles.

“This final volume of the NFCTA concludes the most comprehensive look at America’s crime gun data in over two decades and confirms that ATF’s advanced intelligence tools are vital to helping law enforcement nationwide solve gun crimes and take shooters off the streets,” said Attorney General Garland. “Expanded use of ATF’s crime gun tracing and National Integrated Ballistic Information Network has provided more investigative leads than ever on violent gun crimes, enhanced strategic intelligence on violent gangs, and improved the apprehension and prosecution of violent criminals. This report reminds us of the importance of our work, and I am grateful to the extraordinary professionals of the ATF who put their lives on the line to help keep our communities safe.”

“From conducting enhanced background checks to stopping firearms trafficking by cartels, the Department has prioritized addressing the most significant drivers of violent crime and identifying emerging threats to our communities,” said Deputy Attorney General Lisa Monaco. “This report is further evidence that to continue our historic progress against violent crime, we need to bring more crime gun intelligence to more law enforcement agencies, in more jurisdictions, more quickly than ever before.”

“At ATF, we know that we cannot successfully address the threat of gun violence in this nation without the best and most current information about the problem,” said ATF Director Steven Dettelbach. “For that reason, it is a privilege to announce Volume IV of the National Firearms Commerce and Trafficking Assessment (NFCTA): Protecting America from Trafficked Firearms: NFCTA Updates, New Analysis, and Policy Recommendations. This independent expert report is an unprecedented, data-driven analysis critical to fighting violent crime. At its core, Vol. IV helps anyone who looks at the facts to identify how criminals get their guns, what type of guns they seek, and where and how often they use them. While this report is a repository of invaluable information, the report’s most significant finding is that background checks are a crucial tool to help prevent felons, traffickers, and other dangerous people from arming themselves and hurting others. While the decision about whether to expand background checks is certainly up to policy makers, this report’s immense data and expert analysis shows conclusively that background checks save lives — period.”

Volume IV’s key highlights include:

  • Surge in Privately Made Firearms (PMFs). Between 2017 and 2023, 92,702 suspected PMFs — untraceable “ghost guns” that are obtained without background checks and do not contain serial numbers — were recovered and reported. The number of PMFs recovered in crimes surged nearly 1,600% (from 1,629 to 27,490) with nearly 1,700 connected homicides and over 4,000 linked to other violent crimes. Miscellaneous firearms are predominantly firearm frames and receivers manufactured and sold before being assembled into an operational firearm. Between 2000 and 2022, annual miscellaneous firearms manufacturing increased nearly 6,600% with the bulk of this growth taking place in the last 10 years. Miscellaneous firearm manufacturing then decreased by 36% between 2022 and 2023.
  • Rise Machinegun Conversion Devices. Recoveries of deadly machinegun conversion devices (MCDs), which are small, easily concealed devices that transform a semi-automatic firearm into an illegal machinegun in seconds, increased 784% between 2019 and 2023. In September 2024, the Deputy Attorney General launched a department-wide ANTI-MCD Task Force, which is chaired by ATF and a U.S. Attorney. The Task Force is a concerted effort to address this problem.
  • ATF’s Crime Gun Intelligence Tools Help Police to Save Lives and their Use Should be Expanded and Fully Funded. ATF’s advanced intelligence tools — including ballistics evidence processing linking disparate shootings using the National Integrated Ballistic Information Network (NIBIN) and crime gun tracing (eTrace) — are pivotal in helping law enforcement nationwide solve gun crimes and take shooters off the streets before they kill again:
    • Crime Gun Tracing: From 2017 to 2023, crime gun trace requests have increased by 52%. Of the nearly 1.3 million trace requests between 2022 and 2023, nearly 56% had a different purchaser than the possessor and 46% required the use of “out-of-business” records. This emphasizes the need to prevent firearms trafficking networks, which often begin with purchases in the legal market.
    • Ballistics Evidence: As of December 2023, ATF’s NIBIN included 6.5 million entries of ballistic evidence, generating over 1,060,000 investigative leads provided to ATF’s federal, state, local, Tribal, territorial, and international law enforcement partners. In recent years, the number of leads provided has been over 200,000 annually.
    • Time to Crime (TTC) Decreased by 30%: The median TTC decreased almost 31% from 2017 (4.2 years) to 2023 (2.9 years). Crime guns associated with a short TTC are an indicator of firearm trafficking. Thus, the evidence supports that as lawful firearms sales have increased, so has illegal gun trafficking.
    • Multiple Shootings: Between 2019 and 2023, of the more than 828,000 pistols recovered and traced, NIBIN identified that 14% were used in more than one shooting, representing 191,313 different shooting events. Moreover, most of these crime guns had a first shooting within three years from their last known purchase, indicating that violent gun offenders were more quickly using firearms diverted from lawful commerce in shootings.
    • Stolen Firearms: Nearly 1.1 million firearms were reported stolen between 2019 and 2023, with thefts from private citizens accounting for 95% of these reports. Pistols reported stolen from a federal firearms licensee or an interstate shipment present a dangerous trend: they were used in a shooting more than one year faster than non-stolen pistols. The median time to first shooting for stolen pistols was 258 days.
    • Multiple Sales: From 2017 to 2023, there was a 102% increase in crime guns being traced to a multiple sale transaction, meaning, in just five years, it became twice as common for a multiple firearm sale to include a gun later recovered at a crime scene.
  • Firearms Trafficking Across the Southern Border and Supporting ATF’s Efforts to Fight ItVolume IV also highlights firearms trafficking trends from the United States to Mexico, showing a 63% increase tracing of crime guns recovered in Mexico between 2017 and 2023.
    • Source States: Although crime guns recovered in Mexico increasingly originate from all states, in 2023, the majority of traced firearms recovered in Mexico came from Texas (43%), Arizona (22%), and California (9%).
    • Cartels are Arming Themselves Through U.S. Trafficking Channels: Five United States to Mexico pipelines accounted for 32% of all recovered crime guns traced to a purchaser. The Arizona to Sonora pipeline was the most dominant, followed by Texas to Tamaulipas, Texas to Nuevo León, Texas to Chihuahua, and Texas to Guanajuato. 82% of traced Mexico crime guns were recovered in a state with a dominant presence of both or either the Sinaloa or Jalisco New Generation Cartels.
    • Successful Interdictions can have an Impact, if Properly Funded: Between 2017 and 2021, ATF initiated 1,011 investigations of firearms trafficking from the United States to Mexico in which 1,082 crime guns were recovered and traced to a purchaser. Nearly 92% of these crime guns were recovered in the United State, prior to diversion to Mexico. In 2023, ATF Southbound interdictions rose 86% from the prior year. As this report makes clear, increased resources could help ATF expand its operational efforts along the border.
  • Firearms Manufacturing and SalesVolume IV highlights trends in manufacturing and sales of firearms, including:  
    • Firearm Production Far Outpaced Population Growth: Between 2000 and 2023, the number of firearms manufactured per 100,000 people increased by 113%, while the United States population grew by only 19%.
    • Growth in Silencers: The manufacturing of firearm suppressors rose by over 8,000% between 2000 and 2023. Silencers now account from 83% of all National Firearms Act-regulated manufacturing.
    • Over 100-Million Firearms Sold from FFL’s Alone: Based on the estimated minimum sales volume, between 2017 and 2023, federal licensees transferred at least 106,763,004 firearms to the public.
  • Recommendations for Action. Volume IV underscores the urgent need for action to curb firearms trafficking trends, including by:
    • Expand Background Checks: Expanded background checks would save lives. Data clearly shows that such checks limit the opportunities dangerous, prohibited persons have to acquire firearms. There are several means by which this could be accomplished, including increasing ATF’s funding to investigate illegal trafficking accomplished by those not completing currently required background checks, prosecuting and securing appropriate sentences for unlicensed dealers who violate current laws, or examining federal and state-level background check laws to assess their effectiveness and the need for their expansion.
    • Enhanced Accountability in Law Enforcement Firearm Resales: Law enforcement agencies should evaluate their discretionary resale practices, which too often result in firearms being used in subsequent crimes — with over 25,000 firearms previously in the possession of law enforcement ending up at crime scenes between 2019 and 2023 alone. In considering whether to adopt a mandatory destruction policy, such as the one recommended by the International Association of Chiefs of Police, law enforcement agencies should consider distinguishing policies that allow law enforcement officers to purchase their issued service weapons versus policies governing the sale of weapons to the general public.
    • Strengthen and Expand ATF’s Crime Gun Intelligence: As of 2024, eTrace and NIBIN were used by approximately 55% and 67% of law enforcement agencies nationwide, respectively. Funding expanded and comprehensive the use of ATF’s eTrace and NIBIN tools by ATF and its partner law enforcement agencies will provide more investigative leads on violent gun crimes, enhanced strategic intelligence on violent gangs and other criminally active groups, and improve the apprehension and prosecution of violent gun criminals. Increased funding would improve these results by allowing ATF to provide law enforcement a single, automated platform with these tools.  

In April 2024, the Department issued Volume III of the NFCTA, Firearm Trafficking Investigations, which examines 9,708 closed ATF firearm trafficking investigations initiated between CY 2017 and 2021.

In February 2023, the Department issued Volume II of the NFCTA, Crime Gun Intelligence and Analysis, which presents and analyzes data on crime guns (firearms used in crime) recovered between 2017 and 2021. The analysis reinforces the critical importance of ATF’s unique crime gun tracing authority and highlights the value of data from ATF’s NIBIN program.

In May 2022, the Department issued Volume I of the NFCTAFirearms in Commerce, which presents and analyzes data collected by ATF and other federal agencies related to the manufacture, exportation, and importation of firearms.

To produce the NFCTA, the ATF assembled and led a team of independent subject experts from current and former law enforcement, academia, and related fields. Although ATF issues a variety of public and law enforcement reports and bulletins regarding firearm commerce, trafficking, and related issues every year, it has not undertaken a joint academic study close to the scale of the NFCTA in more than 20 years.

Justice Department Secures Agreement with Vermont School District to Remedy Race-Based Harassment of Students

Source: United States Department of Justice Criminal Division

The Justice Department today announced a settlement agreement with the Elmore-Morristown Unified Union School District (EMUU) in Vermont to resolve its investigation into allegations that the district failed to adequately respond to student-on-student racial harassment.

The investigation, conducted jointly by the Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the District of Vermont, concluded that the district did not appropriately respond to serious and widespread harassment of Black and biracial students by their peers, primarily at Peoples Academy Middle Level. Harassed students endured frequent slurs and racist imagery, and a hostile environment where the use of the N-word and displays of confederate flags and Nazi symbols and salutes were commonplace.

“Racial harassment makes students feel unsafe, deprives them of a supportive educational environment and violates the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “In the 21st century, no student should be subjected to racial slurs, Nazi salutes or other racially-charged hostilities. This agreement provides sound strategies for preventing and addressing racial harassment. We look forward to the district demonstrating to its students that racial bullying and harassment have no place in its schools.”

“This settlement represents an important step towards ensuring that students of the Elmore-Morristown Unified Union School District are able to attend school without the fear of racial harassment,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “The measures set forth in the settlement will help guide the school district towards swift and appropriate responses should any instances of racial bullying or harassment occur. In addition, all Vermont school administrators must take note. The U.S. Attorney’s Office is committed to ensuring that our schools are free from racial harassment and will take action if school districts are not addressing this destructive behavior.”

The department opened its investigation in December 2023 under Title IV of the Civil Rights Act of 1964. The department reviewed records and complaints from three school years, beginning with the 2021-22 school year, and interviewed administrators, teachers and parents.

The district cooperated fully throughout the investigation and has already implemented some improvements, including adoption of a central reporting system it plans to use to track harassment incidents and ensure victims of repeated harassment are not overlooked.

Under the agreement, EMUU will:

  • Revise its anti-harassment policies and procedures to clarify that they cover conduct that is not directly aimed at a specific student but contributes to a hostile environment;
  • Annually conduct multifaceted campus climate assessments, including listening sessions with student groups, and take responsive action to address identified concerns; and
  • Educate students and train employees on the district’s policies and procedures for addressing race-based harassment.

Protecting the constitutional rights of public-school students is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available at www.justive.gov/crt/ and additional information about the Civil Rights Division’s Educational Opportunities Section’s work is available at www.justice.gov/crt/educational-opportunities-section. Information about the District of Vermont’s Civil Rights Program is available at www.justice.gov/usao-vt/civil-rights-program.

To report a possible civil rights violation, please visit www.civilrights.justice.gov/.

Security News: Justice Department Announces Tribal Resources Section as New Name for Indian Resources Section in the Environment and Natural Resources Division

Source: United States Department of Justice 2

The Justice Department has renamed the Indian Resources Section of the Environment and Natural Resources Division to the Tribal Resources Section. The new name better reflects the nature of the section’s work because it typically works with representatives of tribal governments rather than individual members of tribes.

The Section was originally established in 1975 by Attorney General Edward H. Levi to focus the federal government’s efforts in protecting Tribal sovereignty. The Tribal Resources Section will continue that work, including by protecting almost 60 million acres of lands held in trust for Tribes and individual Indian lands, as well as the rights and resources associated with those lands.

The Section also defends challenges to decisions made by the Secretary of the Interior on behalf of Tribes. This litigation often involves complex historical disputes, some of which date back to the early days of the United States. 

Justice Department Files Voting Rights Suit Against City of Hazleton, Pennsylvania

Source: United States Department of Justice

The Justice Department announced today that it has filed a lawsuit against the City of Hazleton, Pennsylvania, to challenge the city council’s at-large method of election.

The lawsuit alleges that the city’s current at-large method of electing city council members results in Hispanic citizens having less opportunity than other members of the electorate to participate in the political process and to elect candidates of choice, in violation of Section 2 of the Voting Rights Act. Hispanic voting-age citizens make up more than 40% of the city’s electorate. Hispanic-preferred candidates have run for the city council and routinely lose, despite the county’s sizeable Hispanic citizen population.

“The Voting Rights Act is an important tool to ensure that underrepresented citizens have an equal opportunity to choose their elected officials,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring that all citizens have an equal opportunity to participate in the democratic process and elect candidates of choice. We look forward to working with officials to achieve a more perfect union by bringing Hazleton, Pennsylvania, into compliance with the Voting Rights Act.”

“The Hispanic population is a growing and important population in the City of Hazelton, and those citizens should have the ability to choose candidates that represent their interests,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “This complaint demonstrates my office’s commitment to partner with the Justice Department to enforce civil rights statutes like the Voting Rights Act.”

The complaint, filed in the U.S. District Court for the Middle District of Pennsylvania, alleges that changing the method of election can create opportunities for Hispanic voters to elect candidates of their choice to the Hazleton City Council. For example, by electing councilmembers from single-member districts, Hispanic voters would have an opportunity to elect at least two members of the five-member city council. The lawsuit seeks a federal court order implementing a new method of electing the Hazleton City Council.

The Justice Department looks forward to continued discussions with the City of Hazleton toward resolution of this matter.

The Civil Rights Division’s Voting Section, working with U.S. Attorneys’ Offices, enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, National Voter Registration Act, Help America Vote Act, Civil Rights Acts and the Uniformed and Overseas Citizens Absentee Voting Act.

More information about voting and elections is available at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section. Complaints about possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931.

Justice Department Secures Third Settlement with a Non-Depository Mortgage Company to Resolve Redlining Claims in Miami

Source: United States Department of Justice Criminal Division

The Justice Department announced today that The Mortgage Firm, Inc. (The Mortgage Firm) agreed to pay $1.75 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black and Hispanic neighborhoods in the Miami-Fort Lauderdale-West Palm Beach, Florida, Metropolitan Statistical Area (Miami MSA).

Redlining is an illegal practice by which lenders avoid providing credit services to individuals living in communities of color because of the race, color or national origin of residents in those communities.

“Non-depository institutions, including mortgage companies, are now originating a higher share of loans to homebuyers than banks and credit unions,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “With this trend comes the obligation to ensure full compliance with our federal laws that prohibit redlining. By denying predominantly Black and Hispanic neighborhoods in the greater Miami area access to credit, The Mortgage Firm violated the law, denied communities equal access to credit and exacerbated the racial wealth gap. This settlement will provide impacted communities in Miami with expanded access to homeownership, and makes clear that no matter the type of financial institution — bank, credit union or mortgage company — the department is committed to rooting out redlining across the country.”

“Our efforts to protect everyone’s civil rights is never ending,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “The unlawful practice of lending discrimination is not merely a thing of the past, but persists in this country, to include within the Southern District of Florida. Our office is fully committed in ensuring that every person living in the Southern District of Florida, to include residents in predominantly Black and Hispanic neighborhoods, can achieve the American dream of building wealth through home ownership. We will continue to work with the Civil Rights Division to hold those lenders accountable who engage in unlawful discriminatory practices in our diverse district.”

The Mortgage Firm is a non-depository mortgage company headquartered in Altamonte Springs, Florida. The complaint, filed today in the Southern District of Florida, alleges that The Mortgage Firm violated the Fair Housing Act and Equal Credit Opportunity Act by failing to provide equal access to mortgage lending services to majority- and high-Black and Hispanic neighborhoods in the Miami MSA and discouraging people seeking credit in those communities from obtaining home loans. The Mortgage Firm located its offices in predominantly white neighborhoods and took inadequate steps to market to and develop referral networks within Black and Hispanic neighborhoods. As a result, The Mortgage Firm generated mortgage loan applications in predominantly Black and Hispanic neighborhoods in the Miami MSA at rates far below peer institutions.    

The proposed consent order, which awaits court approval, would require The Mortgage Firm to:

  • Conduct a Community Credit Needs Assessment to identify the credit needs of residents of predominantly Black and Hispanic neighborhoods in the Miami MSA and to consider the results of that assessment to develop future loan programs, marketing campaigns and outreach efforts.
  • Provide $1.75 million for a loan subsidy program to offer affordable home purchase, refinance and home improvement loans in predominantly Black and Hispanic neighborhoods in the Miami MSA. The program may provide lower interest rates, down payment assistance, closing cost assistance or payment of initial mortgage insurance premiums.
  • Conduct a detailed assessment of its fair lending program in the Miami MSA, specifically as it relates to fair lending obligations and lending in predominantly Black and Hispanic neighborhoods.
  • Enhance its fair lending training and staffing to ensure equal access to credit is provided across The Mortgage Firm’s market area, including by maintaining a Director of Community Lending.
  • Expand its outreach and advertising efforts by maintaining an office location in a majority-Black and Hispanic neighborhood in Miami-Dade County, translating its website into Spanish and requiring all of its loan officers in the Miami MSA to engage in marketing to majority-Black and Hispanic neighborhoods.
  • Bolster connections with the community and build referral sources in predominately Black and Hispanic neighborhoods by providing four outreach events per year, six financial education seminars per year and partnering with one or more community partner to increase access to credit in predominately Black and Hispanic neighborhoods in the Miami MSA.

The Justice Department opened this investigation into The Mortgage Firm’s lending practices after receiving a referral from the Consumer Financial Protection Bureau. This settlement marks the Justice Department’s 16th redlining settlement under the Combating Redlining Initiative, and the third non-depository institution to reach a redlining settlement with the department. Non-depository lenders, which are not traditional banks and do not provide typical banking services, engage in mortgage lending and now make the majority of mortgages in this country. Under the Combating Redlining Initiative, the department has secured over $153 million in relief for communities of color that have been the victims of lending discrimination. This historic amount of relief is expected to generate over $1 billion in investment to address unequal access to credit in communities of color across the country.

A copy of the complaint and proposed consent order, as well as information about the Justice Department’s fair lending enforcement work, can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.