HomeMy WebLinkAboutBureau of Alcohol, Tobacco, Firearms and Explosives - MOU - 8.26.2006 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES �o\.
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MEMORANDUM OF UNDERSTANDING REGARDING THE l?
eTRACE INTERNET BASED FIREARM TRACING APPLICATION Vrace
Memorandum of Understanding Co
between the
Waterloo Police Department
and the
Bureau of Alcohol, Tobacco, Firearms and Explosives
Article I. Purpose and Authority
The Bureau of Alcohol,Tobacco,Firearms and Explosives(ATF)would like to extend their on-going
commitment to the law enforcement community by providing participating agencies with a paperless
firearm trace submission system and trace analysis module that is readily accessible through a
connection to the World Wide Web (Internet). This application, known as eTrace, provides the
necessary utilities for submitting, retrieving, storing and querying firearms trace related information
relative to your jurisdiction. The firearms tracing process is a valuable service offered by ATF to the
global law enforcement community. Information acquired through the firearm tracing process can be
utilized to solve individual cases, to maximize the investigative information available for use in
identifying potential illegal firearms traffickers, and to supplement the analysis of crime gun trends
and trafficking patterns.
Law Enforcement agencies that make a commitment to comprehensive crime gun tracing will be
provided with an information platform for developing the best investigative strategies for the reduction
of firearms-related crime and violence. ATF has made a concerted effort to leverage existing
information technology to better assist law enforcement agencies in the investigation of illicit firearms
trafficking as well as the interdiction of firearm sources to juveniles, youth offenders and'other
prohibited persons. This Memorandum of Understanding (MOU) is intended to formalize a
partnership between the participating agencies with regard to policy and procedures relative to the
access and utilization of eTrace services.
The parties enter into this MOU pursuant to 31 U.S.C. §6305;the E-Government Act of 2002,Public
Law No. 107-347;and the Government Paperwork Elimination Act of 1998(GPEA), Public Law No.
105-277.
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Article II. Background
The Bureau of Alcohol, Tobacco,Firearms and Explosives(ATF)is a law enforcement organization
within the United States Department of Justice with unique responsibilities dedicated to reducing
violent crime and protecting the public. ATF enforces the Federal laws and regulations relating to
alcohol,tobacco, firearms,explosives and arson by working directly and in cooperation with others to:
• Suppress and prevent crime and violence through enforcement, regulation, and
community outreach
• Support and assist federal, state, local, and international law enforcement.
• Provide innovative training programs in support of criminal and regulatory enforcement
functions
• Ensure fair and proper revenue collection. Provide fair and effective industry regulation
ATF recognizes the role that firearms play in violent crimes and pursues an integrated enforcement
and regulatory strategy.Investigative priorities focus on armed violent offenders and career criminals,
narcotics traffickers, narco-terrorists, violent gangs, and domestic and international arms traffickers.
Sections 924(c) and (e) of Title 18 of the United States Code provide mandatory and enhanced
sentencing guidelines for armed career criminals and narcotics traffickers as well as other dangerous
armed criminals.
As part of ATF's unique enforcement powers the Congress of the United States has provided ATF
with two federal sentencing laws that mandate minimum mandatory sentences for defendants
convicted of offenses relating to the possession of a firearm in violation of the Gun Control Act of
1968. Under Title 18, United States Code, Section 924(c), defendants convicted of possessing a
firearm during the commission of an offense defined as a federal crime of violence or a drug
trafficking crime shall receive an additional 5 years imprisonment added to the punishment for the
original offense. Under Title 18, United States Code, Section 924(e), a defendant convicted of
illegally possessing a firearm in violation of Section 922(g)who has three previous convictions for an
offense defined as a violent felony or as a serious drug trafficking offense shall be imprisoned not less
than 15 years.
ATF uses these statutes to target,investigate and recommend prosecution of these offenders to reduce
the level of violent crime and enhance public safety. ATF also strives to increase State and local
awareness of available Federal prosecution under these statutes. For more information about the use
of these statutes please contact your local ATF office.
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Article III. Scope
The purpose of this MOU is to establish an interagency agreement governing the access and utilization
of eTrace. In addition, the MOU will designate a primary and alternate point of contact within your
agency. The agency point of contact will be charged with ensuring adherence to the MOU between
the Bureau and the client agency users. The MOU will require the designated agency point of contact
to identify individuals from their respective agency who will require system access, to periodically
validate the list of users, and to notify the National Tracing Center immediately in the event that it
becomes necessary to revoke or suspend a user's account.
Article IV. Interagency Communications
The participating law enforcement entity and the Bureau of Alcohol, Tobacco, Firearms and
Explosives agree that a principal point of contact within each organization shall coordinate all
communications and tasks under this MOU. The designated points of contact (POC) shall be as
follows:
ATF Field Division Name: Kansas City Field Division
Address: 2600 Grand Avenue
Suite 200
Kansas City, Missouri 64108
Designated ATF Contact Alternate ATF Contact
Name: Dan Perrine
Title: Resident Agent in Charge
Phone #: (515) 284-4329
Participating Law Enforcement Agency Name: Waterloo Police Department
Agency Address: 715 Mulberry Street
Waterloo, Iowa 50703
Designated Law Enforcement Designated Law Enforcement
Agency Primary POC Agenev Alternate POC
Name: Brent Cirksena Carol Harris
Title: Lieutenant Office Manager
Phone #: (319) 219-4364 (319) 219-4364
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Article V. Responsibilities and Procedures
In becoming an approved user of the eTrace application, the involved parties hereby acknowledge
and accept the following responsibilities and procedures:
A. Responsibilities of the participating Law Enforcement Agency
The Participating Law Enforcement Agency shall:
1. Appoint a primary and alternate point of contact within your agency. The above appointed
individuals will be responsible for providing and maintaining a list of all personnel within
your department that will require access to eTrace.
2. The designated POC(s) within your agency will be responsible for completing "Attachment
A" (Agency Approved eTrace Users) of this MOU. Any individuals within your agency
who will require access to eTrace must be listed on Attachment A as agency approved
users.
3. The designated POC(s) will immediately notify the ATF National Tracing Center in the
event that an individual's eTrace account needs to be suspended or revoked for any
number of reasons, to include (but not limited to): employee transfer, retirement, or release
from employment. Initial notification for account revocation can be made by contacting the
eTrace Customer Support Group @ (800) 788-7133. However, official notification to the
National Tracing Center must be provided by completing Attachment B of this MOU and
mailing the original copy to the NTC.
4. Once this MOU and relative attachments have been completed and signed by all involved
parties, the original copies should be mailed to the ATF National Tracing Center at the
following address:
Bureau of Alcohol, Tobacco, Firearms and Explosives
National Tracing Center Division
244 Needy Road
Martinsburg, WV 25401
Attn: eTrace Customer Service Group
Phone: (800) 788-7133
B. Responsibilities of the Bureau of Alcohol, Tobacco, Firearms and Explosives:
The appointed ATF Field Division representatives shall:
1. Coordinate all communications and tasks listed under this MOU and serve as a liaison
between the participating law enforcement agency and the National Tracing Center
Division.
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The ATF National Tracing Center (NTC) Division shall:
1. Upon receipt of this signed MOU, initiate a phone call to the designated POC and provide
detailed instructions on the process of requesting and receiving an eTrace user account.
2. Review all applications for eTrace access in a timely manner and facilitate the provisioning
of accounts to include relative user identifiers and passwords. Once accounts are
activated, a representative from the NTC will contact each individual user and provide
them with their account information.
3. Upon receipt of a request for account revocation, the NTC will immediately deactivate the
said user account.
4. Provide the participating law enforcement agency's designated POC and the responsible
ATF Field Division with an annual (or upon request) listing of agency approved eTrace
users for review and auditing purposes.
Article VI. Conditions
• Both ATF and the participating law enforcement agency acknowledge their understanding that
the eTrace application is intended "FOR OFFICIAL LAW ENFORCEMENT USE ONLY".
The federal government may monitor and audit usage of this system, and all persons are
hereby notified that use of this system constitutes consent to such monitoring and auditing.
Unauthorized attempts to upload information and/or change information on these web sites are
strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of
1986 and Title 18 U.S.C. Sections1001 and 1030.
• The parties acknowledge that the eTrace application will only be accessed and utilized from
your official duty station and/or alternate task force locations. However, under isolated and
stringent circumstances eTrace can be accessed from an alternate location, specifically in
furtherance of Law Enforcement activities.
• The parties agree that premature disclosure of certain firearms trace information can
reasonably be expected to interfere with pending or prospective law enforcement proceedings.
This law enforcement sensitive information includes data that can link a traced firearm to:
the location of a crime;the Federal firearms licensee;retail purchaser or possessor of a traced
firearm;or to firearms trafficking patterns involving a traced firearm. It is agreed that the law
enforcement sensitive firearms trace information generated pursuant to this agreement shall
not be disclosed to a third party without the consent of both parties of this agreement, or as
required by a court of law.
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• IT IS FURTHER AGREED THAT PRIOR TO THE INITIATION OF ANY
INDEPENDENT FIREARMS TRAFFICKING INVESTIGATIONS BY THE
PARTICIPATING LAW ENFORCEMENT AGENCY (BASED ON FIREARM
TRACING DATA OBTAINED VIA ETRACE),THE INTELLIGENCE GROUP AT
THE ABOVE REFERENCED ATF FIELD DIVISION WILL BE CONTACTED.
This critical step will not only allow for the further collaboration of valuable
investigative information, but will also assist in ensuring the effectiveness and overall
safety of investigating officers.
• It is understood that any report or trace result generated through the use of eTrace does not
constitute a fulfillment of the Interstate Nexus requirement in any Federal, State or
Administrative legal process or litigation. That expert testimony or Interstate Nexus
determination is made through trained experts who must be contacted at the local ATF
Field Office or Field Division Directorate.
• The parties agree that a`crime gun' is defined as"any firearm that is illegally possessed,used
in a crime, or suspected by law enforcement officials of having been used in a crime".
• The parties agree that the ATF, National Tracing Center will be designated as the central
recipient of all information entered into the eTrace application relative to crime gun recoveries.
The participating law enforcement agency agrees to make every effort to provide complete
and accurate firearm trace-related information to include: recovery location, possessor
information and associated individuals. Law Enforcement agencies that make a commitment
to comprehensive crime gun tracing will be provided an information platform for developing
the best local investigative strategies for their community in the reduction of firearm related
crime and violence.
Article VII. Conclusion
It is the intent of the signatories that this MOU ensures coordination, cooperation and the mutual
conduct of enforcement and research activities relative to the eTrace application. The result of this
mutual cooperation and coordination will be the successful prosecution of illegal firearm crimes in
State and Federal jurisdictions as well as the development of an accurate picture of the illegal firearms
market and the inception of new strategies to effectively interrupt this market and impact the rate of
firearm related violence.
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This MOU is effective upon the date of the last signature by the authorized representative of the
parties and shall remain in effect for an unspecified time period, wherein the authorized point of
contact maintains that position within the participating agency,unless terminated earlier in writing by
either party. Amendments to this MOU are effective upon the date of the last signature on the
Amendment,by the authorized representative of the parties. This MOU may be amended or modified
only by written agreement. Parties to this MOU may terminate their participation at any time upon
written notification of their intent to withdraw to all other parties in the MOU. Termination of the
MOU by either party will result in the revocation of all eTrace accounts established under this
agreement.
In witness whereof, the parties have hereunto executed this MOU.
Signature Date Signature Date
(Chief Law Enforcement Official) (ATF- Special Agent in Charge or designee)
Thomas Jennings Michael B. Boxler
Name Name
Chief of Police Special Agent in Charge
Title Title
Waterloo Police Department Kansas City Field Division
Agency/Department ATF Field Division
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