U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 40A— BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES

28 U.S.C. § 599A

Bureau of alcohol, tobacco, firearms, and Explosives 11 So in original. Probably should be “Bureau of Alcohol, Tobacco, Firearms, and Explosives”.

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(a)Establishment.—(1)In general.—There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the “Bureau”).(2)Director.—There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle 22 See References in Text note below. referred to as the “Director”). The Director shall be appointed by the President, by and with the advice and consent of the Senate 33 So in original. Probably should be followed by a comma. and shall perform such functions as the Attorney General shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of title V 44 So in original. Probably should be title “5”., United States Code, for positions at level III of the Executive Schedule.(3)Coordination.—The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions.(4)Performance of transferred functions.—The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section.(b)Responsibilities.—Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating—(1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws;(2) the functions transferred by subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act); and(3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General.(c)Transfer of authorities, functions, personnel, and assets to the Department of Justice.—(1)In general.—Subject to paragraph (2),2 but notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, which shall be maintained as a distinct entity within the Department of Justice, including the related functions of the Secretary of the Treasury.(3) 55 So in original. There is no par. (2). Building prospectus.—Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a).(Added and amended Pub. L. 109–162, title XI, § 1187(b), (c)(1), Jan. 5, 2006, 119 Stat. 3127; Pub. L. 109–177, title V, § 504, Mar. 9, 2006, 120 Stat. 247.)Editorial NotesReferences in Text

This subtitle, referred to in subsec. (a)(2), meant subtitle B (§§ 1111–1115) of title XI of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2274, when subsec. (a) was originally included in section 1111 of Pub. L. 107–296. See Codification note below. There are no subtitles in this title of the Code. Subtitle B of title XI of Pub. L. 107–296 enacted part B (§ 531 et seq.) of subchapter XI of chapter 1 of Title 6, Domestic Security, and section 3051 of Title 18, Crimes and Criminal Procedure, amended section 2006 of this title, sections 8D and 9 of the Inspector General Act of 1978, Pub. L. 95–452, formerly set out in the Appendix to Title 5, Government Organization and Employees (see 5 U.S.C. 412, 422), section 1445–3 of Title 7, Agriculture, section 1701 of Title 8, Aliens and Nationality, section 2223b of Title 15, Commerce and Trade, sections 841 to 847, 921 to 923, 925, 926, 1261, 1952, 2341, 2343, and 2346 of Title 18, sections 6103 and 7801 of Title 26, Internal Revenue Code, sections 713 and 9705 of Title 31, Money and Finance, sections 12281 and 50102 of Title 34, Crime Control and Law Enforcement, sections 80303 and 80304 of Title 49, Transportation, and provisions set out as a note under section 921 of Title 18. For complete classification of subtitle B to the Code, see Tables.

Subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act), referred to in subsec. (b)(2), is section 1111(c) of Pub. L. 107–296, title XI, Nov. 25, 2002, 116 Stat. 2275, which was classified to section 531(c) of Title 6, Domestic Security, prior to transfer of subsec. (c)(1), (3) of such section to subsec. (c)(1), (3) of this section.

Paragraph (2), referred to in subsec. (c)(1), meant paragraph (2) of section 1111(c) of Pub. L. 107–296, when subsec. (c)(1) of this section was originally included in section 1111 of Pub. L. 107–296. See Codification note below. Section 1111(c)(2) of Pub. L. 107–296 is classified to section 531(c)(2) of Title 6, Domestic Security.

Codification

The section catchline and text of subsecs. (a) to (c)(1), (3) of section 1111 of Pub. L. 107–296, formerly classified to section 531 of Title 6, Domestic Security, which were transferred to this chapter, redesignated as this section, and amended by Pub. L. 109–162, § 1187(b), (c)(1), were based on Pub. L. 107–296, title XI, § 1111(a)–(c)(1), (3), Nov. 25, 2002, 116 Stat. 2274, 2275.

Amendments

2006—Pub. L. 109–162, § 1187(b), (c)(1)(A), transferred the section catchline and subsecs. (a) to (c)(1), (3) of section 1111 of Pub. L. 107–296 to this chapter, redesignated them as this section, and substituted “alcohol, tobacco, firearms” for “Alcohol, Tobacco, Firearms” in the section catchline. See Codification note above.

Subsec. (a)(2). Pub. L. 109–177, which directed amendment of second sentence of “section 1111(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 531(a)(2))” by substituting “President, by and with the advice and consent of the Senate” for “Attorney General” the first time appearing, was executed to this section to reflect the probable intent of Congress in light of the transfer of subsec. (a) of section 1111 of the Homeland Security Act of 2002 to this section by Pub. L. 109–162, § 1187(b). See Amendment and Codification notes above.

Subsec. (b)(2). Pub. L. 109–162, § 1187(c)(1)(B), inserted “of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act)” after “subsection (c)”.

Notes of Decisions
Cited in 19 cases (9 in the last 5 years), 2008–2025 · leading case: Mock v. Garland, 75 F.4th 563 (5th Cir. 2023).
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Mock v. Garland, 75 F.4th 563 (5th Cir. 2023). “§ 7801 (a)(2), 28 U.S.C.§ 599A(b)(1), (c)(1), and 28 C.F.”
McCutchen v. United States, 14 F.4th 1355 (Fed. Cir. 2021). “2135 , 2274–75; 28 U.S.C. § 599A(c)(1). The Attorney General has delegated relevant authority to ATF.”
Akins v. United States, 82 Fed. Cl. 619 (Fed. Cl. 2008). “28 U.S.C. § 599A(b)(l). One of the Federal firearms laws that ATF is authorized to enforce is 18 U.”
Nat'l Shooting Sports Found., Inc. v. Melson, 840 F. Supp. 2d 310 (D.D.C. 2012). “§ 928 (g)(1); 28 U.S.C. § 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.”
Best Loan Co. v. Herbert, 601 F. Supp. 2d 749 (E.D. Va. 2009). “See 28 U.S.C. § 599A (delegating *754 authority to the Director of ATF to enforce federal firearms laws); 27 C.”
The Modern Sportsman, LLC v. United States (Fed. Cl. 2019). · cites it 2× “§§ 7801 (a)(2)(A), 7805(a), 28 U.S.C. § 599A(b)(1), 28 C.F.R. § 0.130 (a)(1)–(2)).”
Randy Dale Sixta, Appellant, vs. Lincoln Cnty. Sheriff’s Off., Respondent (Minn. Ct. App. 2025). · cites it 2× “See 28 U.S.C. § 599A(b)(1) (2024); 28 C.F.R. § 0.”
Michael v. U.S. Dep't of Just. (D.D.C. 2018). “See 28 U.S.C. § 599A; see 28 U.S.C. § 531 , et seq.”
Doe v. Biden (Fed. Cir. 2022). “2135 , 2275 (codified as amended at 28 U.S.C. § 599A(c)(1)). The Attorney General has, in turn, delegated to the Director of ATF the authority to “adminis- ter .”
United States v. Zerak Brown (8th Cir. 2023). “See 28 U.S.C. § 599A(b)(1). To be sure, he was also conducting a state investigation, but an officer -5- can be “engaged in the performance of official [federal] duties” while simultaneously fulfilling state duties.”
Lane v. United States (N.D. Tex. 2020). “§§ 7801 (a)(2)(A), 7805(a); 28 U.S.C. § 599A(b)(1); 28 C.F.R. § 0.130 (a)(1)–(2).”
Kansas, State of v. United States Attorney Gen. (D. Kan. 2024). “See 28 U.S.C. §§ 599A(b)(1), (c)(1); 28 C.F.R.”
Show all 19 citing cases →
— 28 U.S.C. § 599A(b)(1) — 10 cases
Mock v. Garland, 75 F.4th 563 (5th Cir. 2023). “§ 7801 (a)(2), 28 U.S.C.§ 599A(b)(1), (c)(1), and 28 C.F.”
The Modern Sportsman, LLC v. United States (Fed. Cl. 2019). “§§ 7801 (a)(2)(A), 7805(a), 28 U.S.C. § 599A(b)(1), 28 C.F.R. § 0.130 (a)(1)–(2)).”
Randy Dale Sixta, Appellant, vs. Lincoln Cnty. Sheriff’s Off., Respondent (Minn. Ct. App. 2025). “See 28 U.S.C. § 599A(b)(1) (2024); 28 C.F.R. § 0.”
United States v. Zerak Brown (8th Cir. 2023). “See 28 U.S.C. § 599A(b)(1). To be sure, he was also conducting a state investigation, but an officer -5- can be “engaged in the performance of official [federal] duties” while simultaneously fulfilling state duties.”
Lane v. United States (N.D. Tex. 2020). “§§ 7801 (a)(2)(A), 7805(a); 28 U.S.C. § 599A(b)(1); 28 C.F.R. § 0.130 (a)(1)–(2).”
— 28 U.S.C. § 599A(b)(l) — 1 case
Akins v. United States, 82 Fed. Cl. 619 (Fed. Cl. 2008). “28 U.S.C. § 599A(b)(l). One of the Federal firearms laws that ATF is authorized to enforce is 18 U.”
— 28 U.S.C. § 599A(c)(1) — 4 cases
McCutchen v. United States, 14 F.4th 1355 (Fed. Cir. 2021). “2135 , 2274–75; 28 U.S.C. § 599A(c)(1). The Attorney General has delegated relevant authority to ATF.”
Doe v. Biden (Fed. Cir. 2022). “2135 , 2275 (codified as amended at 28 U.S.C. § 599A(c)(1)). The Attorney General has, in turn, delegated to the Director of ATF the authority to “adminis- ter .”
Nonimmigrant Aliens & Firearms Disabilities Under the Gun Control Act (OLC 2011).
Firearms Disabilities of Nonimmigrant Aliens Under the Gun Control Act (OLC 2011).
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