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Gun Trafficking and White House-Directed

DOJ-ATF Report



April  26,  2021

On April 7, 2021, the White House announced that it has directed the Department of Justice (DOJ) to
issue an annual report on firearms trafficking, similar to a report that the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) previously released in 2000. That report, Following the Gun: Enforcing
Federal Laws Against Firearms Traffickers, was based on a survey of 1,530 criminal investigations
conducted by ATF from July 1996 to December 1998. It followed a 1999 report on ATF's Youth Crime
Gun Interdiction Initiative (YCGII), which was based on firearms trace data. Both prior reports explored
questions regarding the nature of gun trafficking in the United States and shed light on the unlawful flow
of firearms from jurisdictions with less restrictive firearms laws to jurisdictions with more restrictive
firearms laws. Some of ATF's assertions about high-volume, organized gun trafficking proved debatable
and the use of trace data in civil lawsuits controversial. Congress responded by limiting the release of
unfiltered trace data and prohibiting certain lawsuits against gun dealers.


Trace Data and Related Legislation

The Gun Control Act of 1968 (GCA, 18 U.S.C. §@921-931) is the principal statute regulating interstate
firearms commerce in the United States. The purpose of the GCA is to assist federal, state, and local law
enforcement in ongoing efforts to reduce crime and violence. Congress constructed the GCA to allow
state and local governments to regulate firearms more strictly within their own borders, albeit subject to
certain constitutional limitations under the Second Amendment. Hence, one condition of a federal
firearms license, which permits the holder to engage in interstate firearms commerce, is that a federal
firearms licensee (FFL) must comply with both federal and state law.
In 1996, the Clinton Administration launched the YCGII to stop traffickers, who were unlawfully
supplying firearms to juveniles (age 17 and younger) and youth (age 18 to 24), through comprehensive
firearms tracing and analysis. By FY2004, YCGII had expanded to more than 60 cities. For FY2005, the
George W. Bush Administration requested and received funding to expand Project Safe Neighborhoods
(PSN) and YCGII to 80 cities, yet ATF dropped the YCGII program in FY2005 and began promoting the
PSN  program as part of its broader integrated violence reduction strategy. For the years 1997 through
2000, ATF published YCGII reports that included data on firearm traces by participating cities.

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