ExecutiveOrdersEO
MemoMemorandumObama · D

Presidential Memorandum

Tracing of Firearms in Connection With Criminal Investigations

This memorandum directs all federal law enforcement agencies to trace every firearm recovered during criminal investigations through ATF's tracing system, with implementing deadlines over 90 days. It aims to improve investigative capabilities and aggregate intelligence on gun trafficking patterns by ensuring complete data submission.

Federal Register Open PDF 78 FR 4301

Impact dates

  1. Each Federal law enforcement agency submits report to Attorney General affirming operational protocols reflect requirements

  2. Federal law enforcement agencies ensure operational protocols reflect requirement to trace recovered firearms through ATF

  3. ATF issues guidance to Federal law enforcement agencies on submitting firearms trace requests

Key directives

  • Federal law enforcement agencies shall ensure all firearms recovered after memorandum date in criminal investigations and taken into Federal custody are traced through ATF at earliest time practicable
  • Federal agencies encouraged to trace firearms recovered prior to memorandum date, to extent practicable
  • ATF will issue guidance to Federal law enforcement agencies on submitting trace requests within 30 days
  • Federal law enforcement agencies shall ensure operational protocols reflect tracing requirement within 60 days
  • Each Federal law enforcement agency shall submit compliance report to Attorney General within 90 days
  • Attorney General authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum takes effect; Federal agencies must begin tracing all firearms recovered after this date

Near term (90d)

  • ATF issues guidance (30 days)
  • Agencies update operational protocols (60 days)
  • Agencies submit compliance reports to Attorney General (90 days)

Long term

  • Improved aggregate firearms trafficking intelligence
  • Enhanced cross-jurisdictional crime-solving capabilities

Risks & tensions

  • Enforcement relies on self-reporting compliance without specified consequences for non-compliance
  • 'Earliest time practicable' and 'to the extent practicable' create discretionary loopholes
  • Resource strain on ATF if trace request volume increases substantially
  • Does not mandate state/local participation, only encourages it
Presidential Memorandum: Tracing of Firearms in Connection With Criminal Investigations · Executive Orders