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TJH3781 · October 6, 2011, 07:49 PM

ATF was not part of the Justice Department until recent times. It was a separate Bureau under the IRS until the early 1970's when it became it's own agency. After 9/11, at least part of it, Firearms & Explosives were transferred to Homeland Security which is under the Justice Department. I am not positive, but I believe the regulatory & tax elements remain with the Treasury.

Succinctly, Congress writes the laws & then assigns regulatory & enfocement authority to an agency. Congress can change the assignment anytime it wants & could shift Firearms & Explosives to the FBI if it so desired. The problem with a switch is that the receiving agency will want the authority, but may reject the empolyees. This could be of concern as the BATFE agents would need to meet FBI hiring standards before they would be accepted as Special Agents. They would probably have to go through another application process & meet FBI hiring standards to be transferred.

Another transfer problem reared it's ugly head when the old Bureau of Narcotics & Dangerous Drugs, a Treasury Agency, was disolved & became DEA under the Justice Department. This resulted in DEA having jurisdiction in the US, but Customs had jurisdiction over smuggling. Just like in Fast & Furious, DEA wanted to follow the load from the border, but Customs would seize it for the stats.

October 6, 2011, 07:49 PM	#20
TJH3781 Senior Member Join Date: June 17, 2009 Location: Rockford IL Posts: 149	ATF was not part of the Justice Department until recent times. It was a separate Bureau under the IRS until the early 1970's when it became it's own agency. After 9/11, at least part of it, Firearms & Explosives were transferred to Homeland Security which is under the Justice Department. I am not positive, but I believe the regulatory & tax elements remain with the Treasury. Succinctly, Congress writes the laws & then assigns regulatory & enfocement authority to an agency. Congress can change the assignment anytime it wants & could shift Firearms & Explosives to the FBI if it so desired. The problem with a switch is that the receiving agency will want the authority, but may reject the empolyees. This could be of concern as the BATFE agents would need to meet FBI hiring standards before they would be accepted as Special Agents. They would probably have to go through another application process & meet FBI hiring standards to be transferred. Another transfer problem reared it's ugly head when the old Bureau of Narcotics & Dangerous Drugs, a Treasury Agency, was disolved & became DEA under the Justice Department. This resulted in DEA having jurisdiction in the US, but Customs had jurisdiction over smuggling. Just like in Fast & Furious, DEA wanted to follow the load from the border, but Customs would seize it for the stats.