ATF: Data on Black Market, Straw Purchases, Key to Stopping Illegal Firearm Sales

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) just published its first comprehensive report on firearms trafficking in the United States in over two decades.

It is the third volume of a four-volume series on firearms trafficking.

Attorney General Merrick Garland ordered the report which examined nearly 10,000 closed ATF firearm trafficking investigations that were conducted in 2017 through 2021. It studied what weapons were being trafficked and who was doing the trafficking.

“The report finds that the flood of illegal guns into our communities is increasingly driven by individuals who sell guns without a license, and who do not conduct background checks on their sales. As the report indicates, these black-market guns are often found at crime scenes,” said Attorney General Garland while announcing the results.

ATF Findings
The report found that nearly 230,000 firearms were trafficked in 7,779 cases in the period analyzed.

About 40 percent came through black market sales, where shadow dealers often use loopholes to avoid background checks. Another 40 percent came through straw purchases, when someone buys a gun for someone who legally cannot buy it themselves.  

Online sales amounted to about seven percent of illegal sales, while gun shows and flea markets accounted for about three percent.

“Individuals illegally engaged in the business of unlicensed firearms dealing are contributing more and more to the flow of firearms into the black market, where we know that felons, gang members and other violent offenders often get their guns,” said ATF Director Steven Dettelbach. “Americans need this data to understand this threat.”

In nearly 58 percent of cases, five or fewer firearms were trafficked. The average was 16 firearms trafficked per investigation. People who got them through unlicensed dealers bought 20 weapons on average, compared to 11 guns for straw buyers. 

Nearly 56 percent of firearms trafficked were handguns, while rifles accounted for nearly 19 percent. However, weapons of all types including machineguns, machinegun parts, silencers, and silencer parts were trafficked.

In almost 60 percent of cases, the recipients of trafficked firearms were people with a prior felony conviction.

In nearly 25 percent of cases, the trafficked firearms were used to commit additional crimes, including more than 260 murders and more than 220 attempted murders.

 "The data shows, therefore, that those who illegally traffic firearms whether it’s out of a trunk, at a gun show or online are responsible for real violence in this nation," said  Director Dettelbach. "In short, you can't illegally help to arm violent people and not be responsible for the violence that follows.”

Loophole Rule

The Biden Administration is likely to use the report to gain support for a rule that would require thousands more gun sellers to get licensed and run background checks.

While DOJ says it’s aimed at sellers who are in the business of selling firearms, gun rights groups say it could ensnare regular people who sometimes sell their own firearms.


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