28 C.F.R. § 0.131

Specific functions

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The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall:

(a) Operate laboratories in support of Bureau activities; provide, with or without cost, technical and scientific assistance, including expert testimony, to Federal, State, or local agencies; and make available the services of the laboratories to foreign law enforcement agencies and courts under procedures agreed upon by the Secretary of State and the Attorney General;

(b) Operate the National Explosives Licensing Center to review applications for explosives licenses and permits; determine the eligibility of applicants; issue licenses and permits on approved explosives applications; coordinate with field offices the inspection of applicants, licensees, and permittees; and maintain an explosives license and permit database;

(c) Operate the National Firearms Licensing Center to review applications for firearms licenses; determine the eligibility of applicants; issue licenses on approved firearms applications; coordinate with field offices the inspection of applicants and licensees; and maintain a firearms license database;

(d) Maintain and operate the National Firearms Registration and Transfer Record (NFRTR), pursuant to section 5841 of the Internal Revenue Code of 1986, 26 U.S.C. 5841, as a registry of all National Firearms Act (NFA) firearms in the United States that are not in the possession or under the control of the United States;

(e) Maintain and operate the Arson and Explosives National Repository, a national repository of information on incidents involving arson and the suspected criminal misuse of explosives, under 18 U.S.C. 846(b);

(f) Maintain and operate the National Tracing Center to process requests from Federal, State, local, and foreign law enforcement agencies for the tracing of crime guns; and collect and analyze trace data, out-of-business records, reports of firearms stolen or lost from the inventories of licensees or interstate shipments, and multiple sales reports contained in the Firearms Tracing System (FTS), under 18 U.S.C. chapter 44;

(g) Establish, maintain and operate an Explosives Training and Research Facility to train Federal, State, and local law enforcement officers to investigate bombings and explosions, properly handle, utilize, and dispose of explosives materials and devices, train canines as explosives detection canines, and conduct research on explosives, as authorized by section 1114 of the Homeland Security Act of 2002;

(h) Pay awards for information or assistance and pay for the purchase of evidence or information as authorized by 28 U.S.C. 524;

(i) Subject to applicable statutory restrictions on the disclosure of records of information:

(1) Release information obtained by the Bureau and Bureau investigative reports to Federal, State, and local officials engaged in the enforcement of laws related to alcohol, tobacco, arson, firearms, and explosives offenses;

(2) Release information obtained by Bureau and Bureau investigative reports to Federal, State, and local prosecutors, and State licensing boards, engaged in the institution and prosecution of cases before courts and licensing boards related to alcohol, tobacco, arson, firearms and explosives offenses;

(3) Authorize the testimony of Bureau officials in response to subpoenas or demands issued by the prosecution in Federal, State, or local criminal cases involving offenses under the jurisdiction of the Bureau; and

(4) Except as provided in paragraph (i)(1) of this section, authorize all other production of information or testimony of Bureau officials in response to subpoenas or demands of courts or other authorities as governed by subpart B of part 16 of this chapter.

Notes of Decisions

Cited in 15 cases, 1976–2020 · leading case: United States v. Juv. Male (Kenneth C.),defendant-Appellant, 241 F.3d 684 (9th Cir. 2001).

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United States v. Juv. Male (Kenneth C.),defendant-Appellant, 241 F.3d 684 (9th Cir. 2001). · cites it 7× “At the time the government filed its brief in this court, it also filed in the district court an affidavit signed by Mr.”

United States v. Ruel Antonio Wallace, 213 F.3d 1216 (9th Cir. 2000). · cites it 3× “This argument fails because 28 C.F.R. § 0.131 allows a United States Attorney to designate an assistant U.”

United States v. Angelo D., 88 F.3d 856 (10th Cir. 1996). · cites it 2× “” The government next draws our attention to 28 C.F.R. § 0.131 which further provides: Each U.”

United States v. Stephen Goot, 894 F.2d 231 (7th Cir. 1990). “”); see also 28 C.F.R. § 0.131 (1988) (“Each U.S. Attorney is authorized to designate any Assistant U.”

Ron Peterson Firearms, LLC v. Jones, 760 F.3d 1147 (10th Cir. 2014). “See 28 C.F.R. § 0.131 (f) (“[ATF] *1161 shall .”

Nat'l Shooting Sports Found., Inc. v. Melson, 840 F. Supp. 2d 310 (D.D.C. 2012). · cites it 2× “§ 599A; 28 C.F.R. § 0.131 . FFLs create and maintain records on all firearms transactions, including the name, age, and residence of firearms buyers.”

Cew Props. v. U.S. Dep't of Just., 979 F.3d 1271 (10th Cir. 2020). “§ 923 (a); 28 C.F.R. § 0.131 . The Act and its implementing regulations establish rules that licensees must follow.”

In the Matter of the Grand Jury Subpoena of Jean Ford v. United States, 756 F.2d 249 (2d Cir. 1985). “Furthermore, if the disqualification of one government attorney could serve as the predicate for the disqualification of the entire United States Attorney’s Office, the administration of justice would be irreparably damaged. Indeed, federal regulations expressly provide for the…”

United States v. Elijah Dewayne Smith, 532 F.2d 158 (10th Cir. 1976). “See 28 CFR Section 0.131. There was evidence in the present case that the U.”

United States v. Male Juv., 148 F.3d 468 (5th Cir. 1998). · cites it 2× “In that case, however, the United States Attorney was absent from the office on the date that the certification was signed, and he had expressly designated, in writing, the AUSA who signed the certification to serve as Acting United States Attorney in his absence in accordance…”

United States v. Dorfman, 542 F. Supp. 402 (N.D. Ill. 1982). · cites it 2× “For his part, defendant Dorfman relies upon a regulation of the Department of Justice found in 28 C.F.R. § 0.131 (1981) (effective July 25, 1979, 44 Fed.”

In re Grand Jury Proceedings, 882 F. Supp. 1165 (D. Mass. 1995). · cites it 7× “28 C.F.R. § 0.131 (1969). Some time thereafter, the Attorney General amended this regulation to provide for such delegation should a United States Attorney recuse himself in a particular investigation or proceeding.”

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