Leaked Document Shows ATF Spying on Gun Buyers Through NICS ~ VIDEO

National Instant Criminal Background Check System NICS
National Instant Criminal Background Check System NICS

WASHINGTON, D.C.-(Ammoland.com)- According to an ATF document leaked to AmmoLand News, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) can legally obtain information from the National Instant Criminal Background Check System (NICS) for civil or criminal enforcement.

The monitoring of NICS isn’t for prohibited people. It is for monitoring people that are not prohibited from buying a firearm, but the ATF suspects MIGHT be committing a crime in the future. Someone buying too many guns in the ATF’s or FBI’s eyes could be placed on the list. The person being monitored will NOT be notified of the surveillance. The object of the monitoring is to “catch people who are committing straw purchases or similar crimes.”

According to 28CFR 25.9, NICS keeps some records from a transaction for ten years. This information includes the date/time of the sale and the FFL information. The FBI destroys personal information from those still open requests (no denied/approved) within 90 days. Our sources inside the FBI report the data is deleted on day 88. If the sale is approved, the information will be destroyed within 24 hours of the NICS request being returned. The FBI will keep the records of a denied sale forever. The ATF is notified of every denied sale, and those records are kept in the ATF NICS Referral (ANR) database for the ATF to follow up.

The ATF employee that initiates a NICS Audit Log Request must list all legal violations they suspect the target is committing. They also must provide “detailed information about why” the suspect is under investigation. Even though the form is not an affidavit, the ATF employee must write it like they are writing an affidavit. The requestor must email the form to the ATF NICS Representative.



The ATF NICS Representative will review the request and decide to approve or deny the monitoring of NICS information on the target. They will then forward the information to the NICS Section Liaison Specialist, whose only job is to forward the request to the NICS Legal Analysis Team (LAT) for review.

The LAT will approve the request and set up the monitoring/surveillance on the citizen.

The document says the requestor can be a “Special Agent, Industry Operations Investigator (IOI), Intelligence Research Specialist, Intelligence Analyst, etc.” The NICS monitoring is only supposed to be used for civil or criminal enforcement. IOIs are strictly prohibited from doing either enforcement activity. They are not on the law enforcement side of the ATF. They are on the industry side of the agency. If an IOI suspects a criminal or civil violation, the investigator is supposed to fill out a “Suspicious Activities Report.”

The IOI will then notify the ATF’s Gun Crime Intelligence Center or state or local law enforcement. The IOI does not investigate crimes. It is unclear why they would need NICS monitoring capabilities as that falls outside anything that they would need to complete their job. The ATF is strictly prohibited from using the annual inspection as a cover for a criminal or civil investigation.

The job of the IOIs is to make sure all the FFL’s paperwork is in order and to answer any questions they may have for the ATF. The IOIs being listed as an authorized requestor group could signify that some in the ATF do not realize that the ATF is made up of a regulatory side and a law enforcement division. It also could be an oversight of the person writing the document.

Gun Owners of America has been given the document and is filing a freedom of information act (FOIA) to get more information about those being monitored by the ATF through NICS.



About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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PAF145
PAF145
18 days ago

B.A.T.F.E—dirty since Ruby Ridge

KK
KK
19 days ago

Not surprised at all.
The New Nazi Party has seized power.
Gun owners are now DOMESTIC TERRORISTS.
. . . a threat to government power and control.

Knute
Knute
19 days ago

What? The BATF… crooked? Well, color me shocked!
There’s a reason that this article leads with the Eye of Horus…
“The Dramatic Origin – A Story of Betrayal and Murder”…. and it just goes downhill from there:https://www.ancient-origins.net/artifacts-other-artifacts/eye-horus-0011014

Deplorable Bill
Deplorable Bill
19 days ago

Tyranny, nothing less.

Arm up and carry on

Tionico
Tionico
20 days ago

so WHO i ssurprised about thi? Da gummit have the stance that ANYONE buying a gun for any reason is suspect. One more excuse to surveil innocents.

Abolishing the BATF is the proper prescription for this malady.

Rogue
Rogue
20 days ago

If you own or buy a gun some agency of the federal government already has a file on you somewhere. It may not be legal to single out gun owners simply for exercising a Constitutionally guaranteed right but in today’s political environment where there is no accountability for elite lawbreakers anything is possible.

Doug G.
Doug G.
20 days ago

You know what I read in all of this? Bureaucracy. And a big one at that. There are checker’s for the checker’s and every entity has it’s own fiefdom, budget and desire to grow bigger with more and more power. SMH. How do we stop this train wreck from happening when every part of it is in motion towards the wreck? Not one word in the Constitution says we should have an ATF to harass gun owners and dealers. Then you look at this small fuster cluck of bosses and minions and I have to wonder, How did such a… Read more »

USMC0351Grunt
USMC0351Grunt
19 days ago
Reply to  Doug G.

Like finding the cure for cancer, we must find the cure for citizen apathy,

Knute
Knute
18 days ago
Reply to  USMC0351Grunt

The only way I’ve found is to wake up the sheep, one person at a time. But it’s a double whammy, because then you get one more man, AND one less sheep. We gain one and they lose one.
Like killing cancer cells, but one at a time. We are the white blood cells of the sovereign United States!

uncle dudley
uncle dudley
20 days ago

I wonder who has the authority to decide that someone is buying too many firearms and how many is too many? Do they have a crystal ball that shows them someone will commit a crime in the future because they bought too many guns? What if I came into a pile of money winning a lottery and went and bought every gun I had on my wish list, do I become a future criminal because I used my second amendment right. Big brother has gotten out of hand with their operations and departments, the government needs to be cut back… Read more »

Tionico
Tionico
20 days ago
Reply to  uncle dudley

thi actually happened wiht a man in Jackson COUnty Oregon some years back. Big tax return coming, he’d been scheming for months what he would buy had them picked out, then bought them. SOme supe at his state job had a burr under his saddle blanket for the chap, reported to local sheriff, they learnd of his gun purchases from a local FFL, SWAT raid at oh dark thirty, took him away for “psych eval”. The shrinks released hm in a few hours, saying he’s fine. Took months to gt his guns back, they’d trashed his house, neighbours freaked out….… Read more »

CourageousLion
CourageousLion
20 days ago

What a wonderful job to have! First requirement is that you have to be a psychopathic control freak willing to cage or murder people for really bad acts! Like cutting off a shotgun barrel, or having a rifle with a barrel length shorter then some psychopathic control freak polytickshun elite said you can have, or for having a weapon that fires more then one round with the pull of a trigger, or putting a vertical grip on a handgun, or or or or…gee, and where does SHALL NOT BE INFRINGED come in? Or where is the VICTIM in ANY of… Read more »

Last edited 20 days ago by CourageousLion
CourageousLion
CourageousLion
20 days ago
Reply to  CourageousLion

Randy and I at his house in Bergman Arkansas. I heard first hand from the mouth of the VICTIM about Ruby Ridge Idaho at my dinner table. His story is one reason I have a vehement hatred for the people who run “our” government.

Randy-Weaver-600-minus911.png
jukk0u
jukk0u
20 days ago
Reply to  CourageousLion

Holy smokes, brother. Either RWis a shrimp or you’re one big corn fed dude.

RoyD
RoyD
20 days ago
Reply to  jukk0u

Randy is on the smaller side. Talked to him and his daughter Sara at a gun show in OKC on 1-9-99. I talked to him for about ten minutes and her for about 20 minutes. Very nice people.

I am looking at my copy of “The federal siege at Ruby Ridge” that Sara wrote a short note in and they both signed it that day.

pigpen51
pigpen51
19 days ago
Reply to  CourageousLion

I am not one of those Timothy McVeigh types, but neither do I completely condemn his reasoning. That he was responsible for the death of many innocents is a sad thing. Also the fact that there was much more to the thing than we read in the newspapers is a sad thing. I have never forgiven the many abuses of the government that have been done to those who were simply trying to live a life of freedom. From Randy W. and his family, to the Branch Davidians, to the Bundy’s and that whole mess, I won’t forget what the… Read more »

191145
191145
18 days ago
Reply to  pigpen51

P’s & Q’s, is from “watch your pints and quarts dear” .
Old English quote from waaaaaaay back .

Last edited 18 days ago by 191145
Dave in Fairfax
Editor
Dave in Fairfax
18 days ago
Reply to  191145

191145,

A nice way of saying last call. My Dad, from London, used to brew his own, said US beer didn’t have a taste he could tolerate. I prefer Stout, Porter or 1/2 and 1/2. And who doesn’t like a 20 oz pint?

JSNMGC
JSNMGC
20 days ago
Reply to  CourageousLion

Herb:

https://www.c-span.org/video/?67014-1/ruby-ridge-investigation-day-2

None of the “red state” LEOs did anything to help Weaver. The state police (not sure about other agencies) assisted the BATFE.

JSNMGC
JSNMGC
20 days ago
Reply to  JSNMGC

Prior to the attack on the Weavers, government employees began exagerating how dangerous Randy Weaver was and this fed into the posturing by the government. During his testimony to the Senate committee, Herb Byerly testfied that the Boundary County (Idaho) Sheriff, Bruce Whitaker provided information that indicated Weaver was dangerous.

JSNMGC
JSNMGC
19 days ago
Reply to  CourageousLion

CourageousLion, If you haven’t watched the Ruby Ridge Senate meetings on C-SPAN, I highly recommend spending the time. The testimony of the confidential informant was interesting as was the logic of the BATFE and U.S. Marshals Service personnel regarding why the Weaver case was given so much priority over other cases. Lon Horiuchi pleaded the 5th and didn’t tesitify, but the other 8 FBI snipers testified. Each one of them indicated they would have shot, even without the “can and should” rules of engagement (that the FBI later concluded were unconstitutional). They indicated that they believed the helipcopter (that most… Read more »

JIAZ
JIAZ
20 days ago

ATFE

“Alcohol” is legal.
“Tobacco” is legal.
“Firearms” are legal.
Crimes involving “Explosives” can more than adequately be investigated by the FBI.

Defund and dissolve this behemoth of a taxpayer burden.

Ryben Flynn
Ryben Flynn
20 days ago
Reply to  JIAZ

Fireworks are considered explosives by the ATF, yet they are legal up to a certain size. Classification is 1.4G (consumer grade) and not regulated at the Federal level, but may be at the State level.
1.3G are Professional grade and require a FEL.

Tionico
Tionico
20 days ago
Reply to  Ryben Flynn

BATFE sill regulate quantities of “consumer grade” stuff. I know, I”m involved wiht a licensed pyro and we have rules imposed by BATFE. Even for the sparklers!! Nothing for the snakes, though. I mean the kind that don’t come in boxes.

Oh, and BATF regs dictate WHO can actually transport “reportable quantities” of these toy. Must have HazMat endorsement on your driving license, requires a full background check, costs ninety bux and takes six weeks, and is a joke compared to the BGC the state run for my Mother May I Card. Ridiculous. So ilet my HazMat ticket lapse.

Neanderthal75
Neanderthal75
19 days ago
Reply to  Ryben Flynn

If that’s the case, and I’m taking you at your word, concerning the classifications why is there no news of arrests for the last year a riot in Portland and Seattle where commercial grade fireworks were used against police officers? What is a

Cheers from the oil patch in Central Wyoming

swmft
swmft
20 days ago
Reply to  JIAZ

it was formed under 21st amendment tax and control , amendment went away still have the control freaks depending on wording in ruling on new yak could be first nail in f of atf

Frdmftr
Frdmftr
20 days ago
Reply to  swmft

‘Scuse-moi, but the 21st Amendment repeals the 18th (Prohibition) Amendment.

Neanderthal75
Neanderthal75
19 days ago
Reply to  Frdmftr

And I must add at your notification of fact, that the 21st amendment is proof that God did not abandon us after all!

Vino veritas!

Cheers from the oil patch in Central Wyoming

Laddyboy
Laddyboy
20 days ago

One must remember that the “atf/batf/eatfb” was formed ILLEGALLY by a director in the “irs”. CONGRESS did NOT form the ATF!!!
This alone makes EVERYTHING the “atf” does ILLEGAL and ANTI-CONSTITUTIONAL!!!!!!! The ATF MUST BE dismantled!!!

Henry Bowman
Henry Bowman
20 days ago
Reply to  Laddyboy

Thanks, Laddyboy, for that data point! I thought the BATF was formed by the NFA or FFA back in ’34. I stand corrected! Is there more info about this little bit of treason?

Dave in Fairfax
Editor
Dave in Fairfax
20 days ago
Reply to  Henry Bowman

Henry, Why yes there is. This came from the REAL Wild Bill. Good to hear from you again. Who or What is the BATF by Dan Meador. B.A.T.F. from I.R.S. On June 6, 1972 Acting Secretary of the Treasury, Charles E. Walker signed Treasury Order Number 120-01 which establishes the Bureau of Alcohol, Tobacco, and Firearms. He did this with the stroke of his PEN citing, “by virtue of the authority vested in me as Secretary of the Treasury, including the authority in Reorganization Plan No. 26 of 1950.” He ordered the, “transfer, as specified herein, the functions, powers and… Read more »

Henry Bowman
Henry Bowman
20 days ago

I’m not surprised to see the source material came from the legendary Bill Cooper. So legendary and effective in fighting tyranny that they had to murder him.
Thanks, Dave!
BTW I am right in the middle of moving state-to-state and so with all I have going on, my checking in will be sporadic and infrequent. Soon enough I’ll be back regularly. If others are able, my advice to everyone is GET OUT OF THE CITIES. Bad stuff inbound!

musicman44mag
musicman44mag
20 days ago
Reply to  Henry Bowman

Good advice. I learned that years ago but had to work somewhere. Now I am retired and can take my pension and retirement anywhere and the city is not it. Anything over 10,000 people is too much. Smaller than that and you don’t really have enough support from the bigger stores, bigger than that and then you have the crime factor. You need to know who your neighbors are. I love a small town.

Henry Bowman
Henry Bowman
20 days ago
Reply to  musicman44mag

I’m not comfortable even in a small town, lived in a small town for some years after leaving Gary IN about 20 years ago. I am moving to the literal wilderness with some fellow ex-LE guys & gals. Yes, a prepper community. What I see coming will impact even very small towns, it’s just that they’ll be impacted after the cities are burned out and nothing is left for the mobs to loot. My neighbors will be Yogi, Boo-boo, Smokey, Bambi and Woody. So it’s OK… I’ll be making bulk purchases through an LLC as a front for the community.… Read more »

Neanderthal75
Neanderthal75
19 days ago
Reply to  Henry Bowman

Like the man said, just because you’re paranoid does not necessarily mean that there isn’t someone out to really get you! Keeping one’s head on a swivel is a must when out and about my one’s lonesome. Keeping personal information about where you live, how to get there, and what it takes in fuel to get there are all need to know items. I’m trying to get out of Dodge myself, and I live in a town of 400 people 40 miles north the nearest joint with a real grocery store and that includes a Wally world. The bottom line… Read more »

Henry Bowman
Henry Bowman
19 days ago
Reply to  Neanderthal75

I’ll be more than 55 miles from the nearest Wokemart. I’d say that’s pretty far from civilization, considering they try to put a store in every town of more than a couple hundred people. Nearest town only rates a Dollar General. Still woke, but not anti-2A woke like Wokemart!

WOKEmart - Walmart.png
Frdmftr
Frdmftr
20 days ago
Reply to  Henry Bowman

And when youdo, don’t bring the city attitudes with you.

Henry Bowman
Henry Bowman
20 days ago
Reply to  Frdmftr

Mister, I never had a city attitude. I’ve been a hardcore conservative since I was 15, and I moved out of Gary to get away from leftists and their stinkin’ thinkin!

Dave in Fairfax
Editor
Dave in Fairfax
19 days ago
Reply to  Frdmftr

Frdmftr,

You haven’t been paying much attention to who-is-who on the board. It strikes me that you don’t know where the handle comes from. Go do a search and read the book.

Tionico
Tionico
20 days ago
Reply to  Henry Bowman

read a piece just yesterday detailing how a lot of “influential” people are on a binge buying up smaller islands where they can totally control and own everythig. Gates, thekinyun, heads of the media like FB, Twitter, etc. THEY all know the mess they’ve been brewig for a long tie is finally getting ready to bust out. They are taking care of their own assets….. its a small club and WE ain’t in it. (not that any of US would enjoy their company…..

Henry Bowman
Henry Bowman
19 days ago
Reply to  Tionico

God willing, a few groups of former Tier 1 operators has a conplan for making sure NONE of these tyrannical traitors successfully make it out of the country. Call them the “100 Heads Life & Casualty Company”.
PUNISHMENT IS DUE.

Dave in Fairfax
Editor
Dave in Fairfax
19 days ago
Reply to  Henry Bowman

Henry,
That was our plan until this latest issue. I REALLY wanted an attached cave system.
I was just re-reading the book the other day.

Neanderthal75
Neanderthal75
19 days ago

Okay Dave, I’ll bite! Since the foundation of the ATF is constitutionally illegal, and is by statute illegal, the two for mentioned aspects being quite different from one another, considering the number of high-profile lawyers who are at the end of the day egotists, who love to get their names flashed in the headlines and on TV, how is it that not a single one of them have brought suit to disband the ATF? Why have no attorneys General from the several States bothered to file suits stipulating to a violation of the 10th amendment, in addition to the violation… Read more »

Knute
Knute
19 days ago
Reply to  Neanderthal75

Is it because all attorneys are employees of the British Crown, and that is why they have the Royal Title of “Esq” (Esquire) after their name? Didn’t you ever wonder what that Esq. was? I did, all the way back to watching Bugs Bunny… “Esq.” as a small child. It’s a title of Nobility, and as a Title, that’s why it’s capitalized. Proper names and titles get capitalized, like “King” or Prime Minister”. I asked a lot of WHY questions as a child. Drove all the adults crazy. They eventually just admitted they didn’t know. So, I had to figure… Read more »

Last edited 19 days ago by Knute
Dave in Fairfax
Editor
Dave in Fairfax
19 days ago
Reply to  Neanderthal75

Neander,

Is joke, right?
Why would they want to?
Since everything is covered by the other commenters I won’t beat that dead horse. It’s much like the question of, “Since Congress critters can be brought before their peers to answer for their betrayls of oath, why aren’t they?”

Knute
Knute
18 days ago

That reminds me of a joke going around, back when Clinton was the President.
A US Marshall was bragging to a group that they are the only ones with the power to arrest absolutely anyone… “Even the President of the United States!”
A voice from the back of the room asks: “Why aren’t you doing your job?” 🙂

Boris Badenov
Boris Badenov
19 days ago

So, please correct me if I’m wrong, a Presidential EO could send them all packing.

Stag
Stag
19 days ago
Reply to  Boris Badenov

Yes.

swmft
swmft
20 days ago

one more case of atf violating the law

Henry Bowman
Henry Bowman
20 days ago
Reply to  swmft

Half the fun of being the gov’t is getting to break the laws you pass/enforce.

Neanderthal75
Neanderthal75
19 days ago
Reply to  Henry Bowman

Henry, they’re not bothering with laws anymore, nor even the pretense of laws! Executive orders, statue changes, rule changes, and their favorite tool to do whatever they want: redefining long-established terms to whatever meaning they desire, and they can change those meetings as many times as they want! Just remember during the primary for the Democratic candidacy for the presidency, every single person on that stage agreed with Francis O’Rourke when he declared loudly and proudly “Hell yes we’re coming to take your AR-15’s and your AK’s away from you…” and the rest of the candidates added that that “was… Read more »

Henry Bowman
Henry Bowman
19 days ago
Reply to  Neanderthal75

Yes, I agree. The hour is late…

Knute
Knute
18 days ago
Reply to  Neanderthal75

The idea of redefining words to mean whatever you want them to mean has been around at lleast since George Orwell. For almost a century now. “War is Peace”, “Freedom is Slavery”, etc. He called it; “Doublespeak”, or; on a deeper level; “Double Think”.