ATF gunwalking scandal
Background
Background
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ATF gunwalking operations were, in part, a response to longstanding criticism of the bureau for focusing on relatively minor gun violations while failing to target high\-level gun smuggling figures. U.S. firearms laws currently govern the possession and transfer of firearms and provide penalties for the violation of such laws. "Gun trafficking", although not defined by statute, essentially includes the movement or diversion of firearms from legal to illegal markets. A 2009 [GAO](/wiki/United_States_Government_Accountability_Office "United States Government Accountability Office") report on efforts to combat [arms trafficking](/wiki/Arms_trafficking "Arms trafficking") to Mexico notes that straw purchasing is not in itself illegal, although it is illegal to provide false information in connection with a purchase.

Four federal statutes govern U.S. commerce of firearms domestically and internationally. Many states supplement these federal statutes and have firearms laws of their own that are stricter. For example, some states require permits to obtain firearms and impose a waiting period for firearm transfers. Domestic commerce and importations into the United States are generally regulated under the [National Firearms Act of 1934](/wiki/National_Firearms_Act_of_1934 "National Firearms Act of 1934") (NFA) and the [Gun Control Act of 1968](/wiki/Gun_Control_Act_of_1968 "Gun Control Act of 1968") (GCA). The exportation of firearms from the United States is regulated by the Arms Export Control Act of 1976 and, to a lesser extent, the [Export Administration Regulations](/wiki/Export_Administration_Regulations "Export Administration Regulations") (EAR).

Defendants are often prosecuted and convicted under provisions of statutes such as the GCA that make it unlawful for certain persons to be in possession of firearms, govern the transaction process of obtaining firearms (e.g., [straw purchases](/wiki/Straw_purchase "Straw purchase")), and contain penalties for the use of a firearm in a crime of violence or a drug trafficking crime, or penalties for knowingly or fraudulently smuggling goods that would be contrary to U.S. law and regulation.

In a 2012 case in [San Juan, Texas](/wiki/San_Juan%2C_Texas "San Juan, Texas"), under existing 1968 Gun Control Act provisions on straw purchasing ([Title 18](/wiki/Title_18_of_the_United_States_Code "Title 18 of the United States Code") [United States Code](/wiki/United_States_Code "United States Code"), Section 924(a)(1\)(A)), straw purchaser Taisa Garcia received 33 months and buyer Marco Villalobos received 46 months, plus two years supervision after release.["Two San Juan residents get federal prison time for firearms straw purchases"](https://archive.today/20130210164904/http://www.yourvalleyvoice.com/news/article_57879c14-420f-11e1-8e85-001871e3ce6c.html), YourValleyVoice.com, McAllen Texas, January 18, 2012\. In another Texas gun trafficking case, Oscar Bravo Hernandez received a sentence of 84 months for buying and sending to Mexico at least 55 firearms from a ring of nine straw purchasers who received sentences from 51 months for the most involved down to three years probation for the least involved.

According to twenty\-year ATF veteran Jay Wachtel, letting guns "walk" has been a practice done in a controlled manner that involved surveillance and eventual seizure of the weapons. "The idea was that you would follow it long enough until you were sure you had enough probable cause" to initiate an arrest, Wachtel said. According to ATF field agents involved in Operation Fast and Furious, a part of Project Gunrunner, "ATF agents were trained to interdict guns and prevent criminals from obtaining them" and not to allow guns to walk and then disappear. ATF agents assigned to Phoenix from other districts to work on Fast and Furious were critical of the operation.


How effective are U.S. firearms laws in preventing gun trafficking?