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ATF Indianapolis – SDIN – (317) 287-3500 – Evansville SO 8 counties in SE Indiana covered by ATF Louisville ATF Merrillville – NDIN – (219) 755-6310 – 12 counties in NW Indiana ATF Fort Wayne – NDIN – (260) 424-4440 – 20 counties in NE Indiana
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ATF Indianapolis – SDIN – (317) 287-3500 – Evansville SO • 8 counties in SE Indiana covered by ATF Louisville • ATF Merrillville – NDIN – (219) 755-6310 – 12 counties in NW Indiana • ATF Fort Wayne – NDIN – (260) 424-4440 – 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