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Legislative Frameworks
United States
In the United States, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforces the Federal firearms laws and regulates the firearms industry. The firearms regulatory scheme controls the interstate sale, transfer, delivery, manufacture, import, and export of firearms, including controls on those not eligible to possess firearms. Each state also has laws relating to the receipt, possession, and transfer of firearms. The federal system is designed to support states to better enforce their own laws. The following is a brief overview of the firearms jurisdictions of the U.S. agencies contributing to this document, and the statutes and penalties that they enforce:
Bureau of Alcohol, Tobacco, Firearms and Explosives
ATF enforces the provisions of the National Firearms Act (1934), the Gun Control Act (1968), and the Arms Export Control Act (1976). These laws collectively regulate the interstate and foreign movement of firearms and ammunition by regulating the firearms industry and those who are licensed to make, deal in, import, or export firearms. FFLs are required to undergo a criminal background check, and background checks are performed for those purchasing or receiving firearms from FFLs. Additionally, regulations under the Gun Control Act establish guidelines for the conduct of business by FFLs, including recordkeeping requirements, inspections, and requirements relating to the safe storage of firearms. ATF also issues permits for the permanent importation of firearms.
Immigration and Customs Enforcement
Section 127.4 of the Arms Export Control Act (codified as amended at 22 U.S.C. § 2778), gives U.S. Immigration and Customs Enforcement (ICE) sole authority for investigation of any export or attempted export of defense articles (to include small arms) or technical data. The maximum penalty for a violation of this law is a $1,000,000 fine or imprisonment up to ten years, or both. ICE conducts numerous investigations each year under this authority, and works closely with Canadian law enforcement agencies through the U.S. Attaché offices in Canada.
Customs and Border Protection- Office of Field Operations
Various provisions of Titles 18 and Title 19 of the United States Code grant CBP seizure authority related to smuggling (Title 19) and general law enforcement (Title 18).
