Adopted at the 119th Annual Conference

San Diego, CA
October 3, 2012

Support for ATF Requirement to Report Multiple Sales of Long Guns
Submitted by: Firearms Committee
FC.030.a12

WHEREAS, the ATF in August 2011 required Federal Firearms Licensees in Arizona, California, New Mexico and Texas, to submit reports of multiple sales or other dispositions to an unlicensed individual of two or more rifles within five consecutive business days having the following characteristics: (1) semiautomatic; (2) a caliber greater than .22 (including .223/5.56 mm); and (3) the ability to accept detachable magazines; and

WHEREAS, the program was being implemented to assist in investigating and combating the illegal movement of firearms along and across the Southwest border; and

WHEREAS, The Gun Control Act (GCA) of 1968 requires federal firearms licensees (FFLs) to report multiple sales of handguns to the same purchaser [18 U.S.C. § 923(g)(3)]. The sale of two or more handguns must be reported if they occur at the same time, or within five business days of each other. The report must be filed with ATF no later than the close of business on the day the multiple sales or other disposition took place and includes information that identifies the purchaser and the firearms purchased. By law, a copy of this handgun multiple sale report must be provided to designated state or local law enforcement agencies. These reports provide ATF with potential intelligence and almost real-time investigative leads that can indicate illegal firearms trafficking. ATF began requiring the FFLs to report the multiple transactions in 1975. The federal statute that codified the multiple sales of handguns reporting requirement went into effect in 1986; and

WHEREAS, Mexican law enforcement officials have reported that certain types of rifles are regularly being used to commit violent crimes in Mexico. These rifles typically include AK-47 and AR-15 variants with detachable magazines; and

WHEREAS, ATF has capitalized on the investigative leads generated from this reporting requirement by referring over 100 defendants for prosecution, in approximately 28 cases, during the first eight-months of the program; and

WHEREAS, by requiring the reporting of multiple sales of the specified rifles, this requirement has provided significant investigative leads to law enforcement in pursuing firearms trafficking to Mexico and in the United States; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police duly assembled at it 119th Annual Conference in San Diego, California, calls upon Congress to support the ATF Multiple Sales Reporting requirements as currently enacted.