US. Department of Justice Bureau of Alcohol, Totacco, Firearms and Explosives esr Law Enforcement Partners Lar writing this lewer to ask for your assistance in addressing an emerging ooblem thatthe Bureau of ‘Alcohol, Tobacco, Firearms and Explosives (ATF), Los Angeles Field Division has identified. Our ‘conzem is that Ia enforcement officers are purchasing and then selling firearms in possible violation of | Federal Inv. T urge you to pass on the attached "Law Enforcement Advisory” to eductte yout aw enforcement officers about the requirements for obtaining a Federal Freams License (FFL) before engaging inthe business of buying and selling firearms. It is our goal to educate, not investigate, to ensure law enforcement officials comply with federal law in order to avoid unnecessary public embarrassment to themselves and your DepartmentAgency. Recently, ATF has discovered that some law eaforcement officers who do not have an FFL. ate purchasing “of roster firearms (California Law retits FL sales of these frearms to law enforcement Only) and reselling those firearms to non-law enforcement entities for a profit. When a fear is recovered at crime sene, a trace is typically conducted. When an “ff roste”irearm is traced, it reveals the officeragent’s name asthe original purchaser. In some instances, ATF has discovered officers who prchased more than 100 “ff roster firearms that were subsequently rasfered to non-law enforcement individuals. Such transactions potentially constiate violations of federal firearms laws, ta include dealing firearms without a FFL, and lying on a federal firearms form when purchasing seid firearm also known as “straw purchasing” When presented with compelling evidence of flagrant violations of federal firearms las, ATF is obligated to conduc a riminal investigation. ATE believes with your support, educating is the most effective way 10 stor the growing trend of law enfercement officials engaging inthe business of unlicensed firearms dealings. In addition, ATF can prove imperson training to answer any questions or concerns you or your kw enforcement personnel ‘may have about federal firearms las Pleas understand ATF’s primary postion isto educate and stop future occurrences to prevent these types ‘of investigations. Feel re to reach out to my Division Counsel or me to request in-person taining, or for further information andor answers to any questions or concems at 818-265-2500, ‘Thank you for yout ‘understanding, time, and tention to this extremely important mater. Sincerely, God. Neda pone Special Agent in Charge ‘Los Angeles Field DivisionUS. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Los Angeles Field Division Mareh-2017 “ieee AW ENFORCEMENT ADVISORY***** ‘The Bureau of Alcotol, Tobacco, Firearms and Explosives (ATF) is responsible for enforcement ofthe Federal firearms laws and as prt ofthat duty, ATF licenses those persons lawfully eatin in firearms nd Prevents unlicensed dealing in violation of Federal la, We Seek the cooperative efor of the general publi in fulfilling ths mandate, ‘Federal firearms laws provide that “deaee” in firearms includes persons engagtdin the business of buying, and selling firearms ct wholesale and real. See 18 USC. § 921(a\11). A person engages in business a5, dealer in firearms by devoting time, ateation, and labor to dealing in fears a a regular couse of tede ‘or business withthe principal objective of livebood and profit through the repestive purchase and resale of firearms. For eximple, per 18 US.C. § ¥2I(@)(21XC), a law enforcement official who regularly squires “of roster firearms and sell or disposes of them fora profit is engaging in the business a5, a dealer of frearmsand must be licensed. In addition, Tie 18, United States Code, Sections 922(aX6) and 924(2(1\(), provide that ts unlawf, for any person to make a fae statement on a Firearms Transaction Record, ATF Form 4473, when ‘acquiring a firearm from a Federal firearms licensee, For example, tis unlawful to knowingly mistepresen that you are the trasfeee-buyer ofa iearm when you acquit a irearm withthe intent to sell or otkerise «spose of that firearm to someone else, even ifthe subsequent transfer is processed through a Federal firearms licensee. Youare not the actual transferee-buyer o or, or on behalf of, ny other person, unless he firearm is ‘A person convicted of unlawfully engaging in the business of desing in firearms without license i subject. to imprisonment for rt more than five (S) years andor a fine a upto $250,000, ‘Any person convicted of making a false statement 1 a Federal frearms licensee when acquiring fitearm ‘may be imprisoned fer up to ten (10) years fr violating Section 922(a)(6), or five (3) years for violating ‘Section 924(a(1(A) andor a fine up o $250,000. ‘Ifyou have any questins concerning engaging in the business asa dealer, please contact this office at (818) 265-2500