The Bureau of Alcohol and Firearms and Explosives - Essay Example

Tackling the Controversial Issues: How the Bureau of Alcohol, Tobacco, Firearms and Explosives Keeps the Public Safe ThesisThe Bureau of Alcohol, Tobacco, Firearms and Explosives has always tackled the controversial issues such as alcohol and firearm control, smoking bans and explosives limitations, but everything the ATF does is designed to keep the American public safe. The ATF has to balance its regulations in order to protect American citizens and businesses without infringing on rights. The ATF needs to work on some areas, but in general, it is successfully serving and protecting the public. AT F - a History The Bureau of Alcohol, Tobacco, Firearms, and Explosives has been evolving since the late 1700s, when the first Congress enacted a tax on imported spirits to pay for debts incurred during the Revolutionary War. At that time, agents collected taxes through the Department of Treasury. In 1862, by Act of 1, Congress created the Office of Internal Revenue within the Treasury Department. This new office was responsible for collecting taxes on distilled spirits and tobacco products. Congress added enforcement as a component of the ATF in 1863 when it authorized the addition of three detectives for the purpose of preventing, detecting and punishing tax evaders. In 1886, the government established the Revenue laboratory, though at that time it dealt primarily with agricultural issues. The lab has advanced greatly since then, entering its second century with a staff of chemists, document analysts, latent print specialists, and firearms and tool mark examiners. The duties of the office shifted again in 1919 when ratification of the 18th Amendment together with the Volstead Prohibition Enforcement Act outlawed alcohol. Revenue officers, termed "revenoors," were now responsible for investigating "criminal violations of the Internal Revenue law" (ATF online), which included the illegal manufacture of liquors. With the new duties came a new name, the Prohibition Unit. Less than a decade later, on April 1, 1927, the unit became the Bureau of Prohibition. By July 1, 1930, the agency's duties and name changed yet again, when Congress transferred "the penal provisions of the national prohibition Act" (ATF online) to the Department of Justice's new Bureau of Prohibition. This move for the first time put the agency under the Justice Department, and did away with the Treasury Department's Bureau of Prohibition. However, "tax-related and regulatory activities" (ATF online) stayed at the Treasury Department under the new Bureau of Industrial Alcohol. Three years later, on December 5, 1933, the Twenty-first Amendment to the Constitution repealed prohibition, once again changing the focus and duties of the Bureau. To deal with the sudden boom of legal alcohol production and sales, President Franklin Roosevelt created, through the National Industrial Recovery Act, the Federal Alcohol Control Administration (FACA). "The FACA, in cooperation with the Departments of Agriculture and Treasury, endeavored to guide wineries and distilleries under a system based on brewers' voluntary codes of fair competition (ATF Online)." The bureau was once again in the business of regulating. The FACA was to be short-lived; however, as President Roosevelt replaced it less than two years later in August 1935 by signing the Federal Alcohol Administration Act. This Act is still the basis for the agency's functions today, though the ATF has taken on other duties since the Act took effect. In 1934, the prohibition enforcement duties fell to the newly established Alcohol Tax Unit, a division of the Bureau of Internal Revenue, which was still housed in the Department of Treasury. At the same time the FAA, also housed in the Department of Treasury, was responsible for collecting data, establishing license and permit requirements, and defining "the regulations that ensure an open, fair marketplace for the alcohol industry and the consumer (ATF online)." In 1940, the two units merged. Gun-wielding crime lords led to the National Firearms Act in 1934 and the Federal Firearms Act in 1938, both of which attached regulations and taxes to firearms. In the early years following these two acts, tax collection fell to the Miscellaneous Tax Unit, housed in the Bureau of Internal Revenue. Enforcement of these regulations fell to the ATU. The Bureau of Internal Revenue was reorganized in 1952, a move that did away with the Miscellaneous Tax Unit and shifted its duties of collecting firearms and tobacco taxes to the ATU. As part of the reorganization, the Bureau of Internal Revenue became the Internal Revenue Service. The ATU, in gaining new duties, also gained a new name - the Alcohol and Tobacco Tax Division. In 1968, the passage of the Gun Control Act added another component to the Alcohol and Tobacco Tax Division, particularly in the lab, when the act gave the lab responsibility for explosives. With the shift in duties came yet another title change. The division became the Alcohol, Tobacco and Firearms Division. During the years that followed, the ATF's duties remained essentially the same, but many officials felt the division's duties were not appropriate within the IRS and a move was made to separate the ATF from the IRS. On July 1, 1972, Treasury Department Order No. 120-1 took all "functions, powers and duties related to alcohol, tobacco, firearms and explosives" (ATF online) from the IRS and gave them to the ATF. In January 2003, the ATF was once again given a new home when, under the Homeland Security Bill, it transferred to the Department of Justice. With this move, the ATF's duties split, with its enforcement functions going under the Department of Justice and the tax and trade functions remaining in the Treasury Department under the new Alcohol and Tobacco Tax and Trade Bureau. All these changes were reflected in its last renaming to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Duties and Regulations Of the four components monitored by the ATF, there is one underlying theme - money. The bureau's duties began in 1789 when the newly formed Congress began collecting taxes on imported spirits as a way to recover financially from the American Revolution. In 1862, the bureau began collecting taxes on tobacco, as well as maintaining the collection of taxes on alcohol. During the years of prohibition, though alcohol was illegal, the Department continued its collection of taxes on tobacco and enforced prohibition laws. When the 21st Amendment repealed prohibition, the agency returned to collecting taxes, however, with the legalization of alcohol the government was overwhelmed with alcohol producers. In response, it instituted regulations to ensure fair prices and quality products. By the mid-1930s firearms had become a problem, particularly as they pertained to prohibition. Though regulating firearms through permits and licenses offered a new way to collect taxes, it also provided a way to track who was buying firearms - a particularly useful tactic when investigating leaders of organized crime. Since then the ATF has added militias and cults to their sources of interest. The Gun Control Act of 1968 added explosives to the ATF's duties. At that time the lab was primarily affected, though Title XI of the Organized Crime Control Act (1970) "formalized ATF Division explosives expertise (ATF online)." Events such as the Columbine High School shootings and others, including the most recent Virginia Tech shootings have enhanced the idea of gun control and tighter regulations. Similarly, regulations and enforcement of those regulations on explosives have come to the forefront since the September 11 attacks of 2001. Clearly the drivers for the development and evolution of the ATF are economic and social in that they generate revenue and promote social welfare. Regulations - Societal or Economic As stated above, the ATF has a dual role. Nearly all its programs have an economic and social impact. According to ATF online, ATF agents "perform the dual responsibilities of enforcing federal criminal laws and regulating the firearms and explosives industries." The Violent Crime Impact Teams initiative joins ATF agents and resources with local law enforcement agencies to "identify, arrest and prosecute the most violent criminals in designated cities (ATF Online)." In addition to removing the criminals from the street - as of April 6, 2006, the teams had executed more than 9,000 federal and state arrests - the VCITs also remove weapons from the streets. During the same time, agents recovered more than 8,800 firearms. Additionally, in FY 2005, "ATF investigated 1,270 fire and explosives incidents that resulted in the deaths of or injuries to 352 people and property losses in excess of $470 million (ATF online)." Problem solving For each of the ATF's components exists a different problem or set of problems that the government is trying to solve through legislation and regulation. The alcohol debate centers primarily on advertising and its link to underage drinking, though regulations also apply to label content and alcohol strength. With advertising, government officials and lobbyists were concerned that the image alcohol portrayed in advertisements was one of glamour, popularity and success, and that image led the public, particularly young people, to think that consuming alcohol would gain them those attributes. In a policy statement regarding advertising, the ATF noted that "advertisements that prove 'misleading' or 'deceptive' may be cause for agency sanctions." The policy prohibits advertisements that: State that consumption of an alcoholic beverage will enhance athletic prowess, performance, health or conditioning; Depict any individual consuming or about to consume an alcoholic beverage prior to or during an athletic event or activity; Depict a person's consumption of alcohol while he or she is seated in, about to enter, operating or about to operate automobiles or other machinery. (Alcoholism and Drug Abuse Weekly 1995)" As the policy indicates, the ATF is also concerned about the issue of drinking and driving. Other regulations target labeling and alcoholic content, both of which the ATF says is important in producing informed and responsible drinkers. "Prohibiting alcohol content information keeps consumers ignorant of information that could be used in responsible decision making concerning alcohol consumptions and the safety of performing activities such as driving an automobile after drinking (Martin 1992)." In addition to protecting the consumer against quality and health issues, the ATF regulates price and alcohol content in an effort to maintain fair competition among brewers. In 1935, at the end of prohibition, Congress enacted the Federal Alcohol Administration Act (FAAA), which outlined those regulations regarding the "production, distributions, and sale of alcoholic beverages (Martin 1992)." While alcohol was the earliest of the regulatory tasks assigned to the agency that would become the ATF, tobacco was soon to follow and would become another controversial issue. As stated in the historical background of the ATF, the government first regulated tobacco merely for its tax value. However, in the late 1980s and early 1990s, the public became concerned about young people smoking. Policy changes set a minimum age for those wishing to purchase tobacco products and targeted advertisers who, like alcohol advertisers, seemed to be portraying a glamorous lifestyle, particularly for those who smoked cigarettes, and appeared to be targeting young people using hero-styled characters like the famed Marlboro Man or cartoon characters like the Camel mascot, Joe Camel. Several years later an even bigger concern arose when health officials declared smoking a health hazard. Research has linked smoking to such fatal illnesses as lung cancer, emphysema, and chronic bronchitis. In fact, 400,000 Americans die from tobacco-related illnesses every year (Parmet 2006). Officials noted that no one was safe from the hazards of smoking, as second-hand smoke - the smoke released on a smoker's exhale - contains harmful chemicals as well. Such health issues have led to policies prohibiting smoking in a public place. Gun control became an issue during prohibition when members of organized crime families openly carried deadly weapons and quite often displayed their firepower. A public outcry led to the National Firearms Act in 1934 and the Federal Firearms Act in 1938. Even with such bills as the 1968 Gun Control Act, the Organized Crime Control Act of 1970, and the Brady Bill, gun control is still a major issue. In 1993, more than 38,000 Americans died in gun-related incidents. "That's more Americans than die of AIDS, (and) more than were killed during the entire Korean War in the 1950s (Buchsbaum 1994)." Explosives were not nearly as big of an issue before the September 11, 2001 terrorist attacks though the ATF has been enforcing regulations of explosive ingredients, and devices as well as investigating the results of fires and explosions since 1968 with the passage of the Gun Control Act. Regulation has become more stringent in this area in the years following the 9-11 attacks. By the Book The description of the Bureau of Alcohol, Tobacco, and Firearms, as stated on the ATF Web site is "a tax-collecting enforcement and regulatory arm of the U.S. Department of the Treasury." In 2003, that changed when the Homeland Security bill effectively split the agency in two. "The law enforcement functions of the ATF under the Department of the Treasury were transferred to the Department of Justice. The tax and trade functions of ATF will remain in the Treasury Department with the new Alcohol and Tobacco Tax and trade Bureau (ATF online)." However, before and after the split, one thing was constant - the ATF merely enforces regulations set in place by legislation. "ATF cannot enact a law nor can it amend the law (ATF Online)." The ATF can make recommendations to congress through committee hearings and can give insight based on its agents' observations and expertise, but the ATF is not a rule-making agency. In fact, in 1987, the Adolph Coors Company made an application requesting approval for a proposed advertisement and bottle label that stated "contains 4.6 % alcohol by volume." At the time, policy prohibited beer companies from revealing alcoholic content on their labels. Coors asked the ATF to "consider the broader public policy implications of this issue rather than rely on an untested and time-worn statute (Martin)." ATF's response was essentially that its hands were tied because "the agency is charged with the responsibility for administering the statutory provisions of the Federal Alcohol Administration Act as they are written (Martin)." In fact, in several articles consulted regarding all aspects of the ATFs responsibilities, writers noted that legislation is required for any regulation, and much of that legislation comes only after litigation. Once regulations and laws regarding alcohol, tobacco, firearms or explosives are handed down, it is the Bureaus job to ensure those laws are followed. It does this through programs, investigations and initiatives. Violent Crime Impact Teams (VCIT) are a collaborative effort between ATF and local agencies, the aim of which is to "identify, arrest and prosecute the most violent criminals in designated cities (ATF online)." As of April 6, 2006, these teams had affected more than 9,000 federal and state arrests and confiscated more than 8,800 firearms. In 2005, the ATF investigated 1,270 fire and explosives incidents, the result of which was 352 people dead or injured and more than $470 million in property loss. Additionally, the ATF enforces all federal criminal laws relating to alcohol and tobacco diversion and its trafficking. In response to firearm control issues, the ATF provides licenses and performs inspections. By the end of 2005, the ATF had authorized 106,000 federal firearms licensees for commercial firearms dealers. That same year the ATF conducted more than 12,000 firearms licensee inspections, processed 13,236 applications for new firearms licenses and 26,749 applications for license renewals. Additionally its industry operations investigators oversaw the lawful storage of explosive materials through 3,786 inspections. ATF also processed 1,958 applications for new explosives licenses and 1,426 applications for license renewals. Other programs include the National Integrated Ballistic Information Network (NIBIN); Comprehensive Crime Gun Tracing Initiative; Bomb Arson Tracking System; D Fuze; U.S. Bomb Data Center; National Response Team; International Response Team; Explosives and Accelerant Detection Canines; training for state and local law enforcement agencies and National laboratory services. That is the tip of the iceberg as far as what the ATF does. ATF has numerous programs aimed at specific problems like gangs, youth gun safety, and preventing and responding to violent crime. How Are They Doing Surprisingly, most of the criticisms - particularly as they pertain to alcohol and firearms - were of the lack of regulations. Despite the strength and financial backing of the NRA, most Americans would like to see more gun control. "In recent (1994) polls, as many as 82 percent (of Americans) say they want some form of gun control (Buchsbaum 1994)." That was in response to the fact that at that time there was an estimated 211 million firearms in the U.S. That was before Columbine, where "a 15-year-old armed with a 50-round magazine open(ed) fire at his Oregon high school, shooting off the entire magazine in less than one minute in the crowded school cafeteria and kill(ed) four and injure(d) 20 (Blek 1999)." The problem, according to Charles Blek, an attorney and Western Regional Director of the Bell Campaign, is that there is no one who can do anything besides Congress and they consistently buckle to pressure from anti-gun control groups like the NRA. "Unfortunately, there are no federal agencies to which we can turn for regulation of the gun industry. The Bureau of alcohol, Tobacco and Firearms has no warrant to regulate firearm safety and is not empowered to protect us from the dangers of firearm use (Blek 1999)." Kristin Goss, an assistant professor of public-policy studies and political science at Duke University, said the problem is not enough support for the gun-control side of the fight. "Scholars' single-minded focus on the 1.9 percent of American adults who belong to the NRA misses another critical group: the 98.1 percent of Americans who do not," she said. Goss believes the majority of that 98.1 percent are in favor of more gun control. "Surveys show that, unlike the NRA, most Americans - including, in some cases, most gun owners - support modest restrictions on firearms access, such as mandatory training and licensing of handgun owners and the registration of handguns." Of course, the NRA has made their anti-gun-control stance abundantly clear, quite often reciting the second amendment - or at least a portion of it - in its criticism of too much regulation regarding guns. However, in an article on the Second Amendment argument, Blek pokes valid holes in the NRA's defense. "We must challenge and move beyond the mistaken belief that creating responsible gun laws in some manner offends our constitutional rights," he said. He goes on to explain that the "right to bear arms," referred to the states' rights to have well-organized militia, not individuals' rights to bear arms. He said the National Guard has replaced the state militia. As for individuals owning guns, "statistics show that owning a gun actually decreases a person's safety (Buchbaum 1994)." A study conducted in the early 1990s showed that having a gun in the home made it five times more likely that someone in the home would die because of a gun-related injury. The same complaint of not enough regulation or inappropriate regulations applied to the alcohol component of the ATF. Critics and beer sales organizations raised issues in 1995 regarding a policy on advertising that the National Beer Wholesalers Association called "less stringent than the beer industry's own advertising guidelines (Alcoholism & Drug Abuse Weekly 1995)." George A. Hacker, director of the Alcohol Policies Project for the Center for Science in the Public Interest, suggested the task of regulating and labeling alcoholic beverages be removed from the ATF and put under another agency. Labeling was another issue, with some beer and ale companies feeling confined by the limitations imposed on labeling by ATF regulations. Coors even took the ATF to court after the agency refused to approve a new advertisement and label that indicated the beer contained "4.6 % alcohol by volume (Martin 1992)." Coors and other beer companies have complained that they cannot fully inform their consumers about the contents of their beer. ATF's defense was that consumers who knew how much alcohol was in a given beer would seek out the stronger beer. Though the tobacco issue has calmed somewhat since the big tobacco settlement between tobacco manufacturers and the government, some critics say still more legislation is needed. "What we still don't fully appreciate . even while the federal government continues to pursue its own litigation against the tobacco companies, is the role law can and should play in response to all the grim information (about smoking and smoking-related illnesses) (Parmet 2006)." Explosives seems to be the only area that critics say needs less regulation, and most of that criticism comes from legitimate businesses that use explosives in some manner of their business. These business owners say regulations are costing them money. Lon Santis, manager of technical services at the Institute of Makers of Explosives, explained that a proposed rule - commerce in explosives - would cease to identify individual roads, such as low-volume highways, opting to "bundle every road into one category, including quarry roads (Madison 2004)." What that means for legitimate businesses is a reduction of legal magazine storage capacities from 100,000 to 7,000 pounds for those near low-volume highways. "This could cause an operation to move either the road or storage facilities, or dramatically reduce storage capacity," Santis said. Either way, he said it would cost money. Santis argued that the majority of regulations handed down from ATF would result in costs to those being regulated. The only semi-valid response to that is 9-11. Americans are skittish after the 9-11 attacks, the Oklahoma City Bombing and other acts of terrorism; and are calling for the government to do something. Conclusion As with anything, balance is essential for an agency to work. The ATF has numerous responsibilities and could delegate some of those responsibilities better; but the agency appears to be in control. As long as there are Virginia Techs; as long as there are Osama Bin Ladens; as long as there are hospice beds filled with dying smokers; and as long as there are families planting flower-covered crosses on the side of the road in memory of a loved one who was killed in an alcohol-related accident; there will be the need for regulation. The Senate agrees. In its 2002 report on the Treasury and general government appropriations bill, the committee said of the Federal Alcohol Administration Act, "the committee recognizes alcoholic beverages are among the most socially sensitive commodities marketed in the United States. In this connection marketing, labeling and advertising of alcoholic beverages must be accomplished in an environment which fosters fair and healthy competition while protecting the interests of the American consumer. The committee expects that there be no diminution of regulatory and oversight functions in fiscal year 2003 (Senate report 2002)." "Field attaches 'weak' label to ATF policy on advertising." Alcoholism & Drug Abuse Weekly. 1995. Health Source - Consumer Edition. 1 May 2007. http://search.ebscohost.com. ATF Online. About ATF. 2007. http://www.atf.treas.gov/about/mission.htm ATF Online. History. 2007. http://www.atf.treas.gov./about/atfhistory.htm. ATF Online. ATF Snapshot. 2006. http://www.atf.gov/about/snap2006.htm. Blek Jr., Charles L. "Our Second Amendment." Human Rights: Journal of the Section of Individual Rights & Responsibilities. 1999. 1 May 2007. http://search.ebscohost.com. Buchsbaum, Herbert. "Guns R Us." Scholastic Update. 11 February 1994. Donnelly, Sally B. "Can the U.S. Prevent This" Time. 2006. MAS Ultra - School Edition. 1 May 2007. http://search.ebscohost.com. Goss, Kristin A. "The Missing Movement for Gun Control." Chronicle of Higher Education. 2006. Academic Search Premier. 9 May 2007. http://search.ebscohost.com. "Homeland Security Legislation Splits Duties of Bureau of Alcohol Tobacco and Firearms (ATF)." NCADD Washington Report (2003): MasterFILE Premier. 8 May 2007. http://search.ebscohost.com. Late, Michele. "Push under way to renew ban on assault weapons." Nations Health. 2004. Health Source - Consumer Edition. 1 May 2007. http://search.ebscohost.com. Library of Congress. "Senate Report 107-057 Treasury and General Government Appropriation Bill, 2002." 1 May 2007. http://www.ebscohost.com. Madison, Adam. "ATF Explodes With Regulations." Rock Products. 2004. Vol. 107, Issue 5, Pgs. 17-20. 1 May 2007. http://www.rockproducts.com. Martin, Christopher S., Oade Jr., K. Preston, and Ted D. Nirenberg. 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