Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SA > exam 2 > Flashcards

exam 2 Flashcards

1
Q

What is relief from a firearms disability ?

A

allowing a person who is otherwise prohibited from possessing, receiving, shipping or transporting firearms, to possess, receive, ship or transport firearms or ammunition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Since 1992 Congress has, through appropriations restrictions done what?/

A

prohibited ATF from investigating or acting upon relief applications, except where the applicant is a corporation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is “engaging in the business”?

A

Requires a “regular course of trade or business”

Requires a “principal objective of livelihood and profit”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

John Doe has a full-time job but wants to sell and trade firearms on weekends from a detached garage on his property. Would John Doe need a Federal license to do so?

A

Yes, if he is regularly engaged in buying and selling for profit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

John Doe has a full-time job but wants to sell and trade firearms on weekends from a detached garage on his property. What type of license would John Doe need?

A

Dealers license (Type 01).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Jane Smith is a World War I scholar who collects firearms manufactured between 1916 and 1922. Must Jane Smith apply for a license to collect such firearms?

A

Collectors may apply for a license to collect curios and relics, but they are not required to. However, without a license, Jane Smith would not be exempt from interstate controls applicable to nonlicensees.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

By what term do we refer to individuals possessing the power to direct the management and policies of the corporation or partnership?

A

Responsible Persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

John Doe has his firearms license revoked for falsifying records to cover up “off paper” sales of firearms. If John Doe reapplies for a firearms license, does ATF have grounds to deny issuance of the license?

A

Yes, based on the applicant’s prior willful violations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What if John Doe is the sole responsible person of JD, Inc., would ATF investigate his relief of disability as an applicant for a firearms license?

A

Courts have allowed willful violations of responsible persons to be attributed to a corporate applicant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Mary Smith has been convicted of a misdemeanor crime of domestic violence (MCDV). Because she knows she would be ineligible for a license if she answers “yes” to question 26.E., she answers “no.” Are there grounds to deny the application?

A

Yes, this would be false statement as to a material fact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What if, knowing she is not eligible for a license, Mary Smith has her son, Mark Smith, apply for the license so she can buy and sell firearms. Are there grounds to deny the application?

A

Yes, the failure to disclose Mary Smith as the applicant and/or responsible person would be a failure to disclose material information.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Can an applicant obtain a license to operate at a flea market?

A

If the flea market is a permanent location with spaces akin to a retail space, yes. If it does not have those features, no.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Can an applicant apply for a license to conduct business primarily at gun shows?

A

Yes, a license may be issued where an applicant intends to conduct most firearms activity at gun shows if at least some activity is conducted at the licensed premises and records can be found and inspected at the licensed location.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What type of state and local laws might be relevant to operating a firearms business?

A

Zoning
Occupational licenses
Sales tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Why was the Brady Act passed?

A

following the assassination attempt of President Reagan that left James Brady his press secretary with permanent disabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

For the secure storage must there be a device for each firearm?

A

No, the certification is only that devices be available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Are there any exceptions?

A

Yes, when unavailable due to theft or backorder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

ATF has issued a Notice of Proposed Rulemaking that include manufacturers and importers to be required to comply with what?

A

the Secure Gun Storage or Safety Device provisions of 18 U.S.C. §922(z)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a “willful” violation for purposes of revoking a firearms license?

A

Purposeful disregard of, or plain indifference to, a known obligation of the GCA or its regulations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Is a “willful” violation for the revocation of a firearms license the same as a “willful” violation for criminal prosecution?

A

No, for criminal prosecution the defendant must know his/her conduct is unlawful (the Bryan standard). No bad purpose is required for license revocation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How can we establish a licensee acted “willfully”?

A

Prior notice (ROVs, warning conference)
Licensee statements
Nature of violation inherently willful
Attempts to conceal/cover-up violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What if the violations that resulted in ATF taking a licensing action were committed by an employee, not the licensee himself?

A

A licensee is responsible for the acts of agents or employees in connection with the business. 52

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

John Dealer is indicted for a felony while holding a firearms license. Is the license subject to revocation before conviction?

A

A licensee indicted for a crime punishable by a term exceeding one year may continue operations under the existing license until any conviction becomes final.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

John Dealer is indicted for a felony while a responsible person of John’s Guns, Inc. May John continue to operate the business?

A

No, As the license is held by the corporation, not John (the RP), the exception for licensees does not apply, and John would not be able to ship, transport, possess, or receive firearms or ammunition personally or for the business.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What if John Dealer is convicted of a felony offense during the term of a license could he apply for relief?

A

Although 27 CFR §478.144(i)(1) provides a licensee may seek relief of disabilities within 30 days of becoming disabled, the appropriations restrictions on ATF eliminated the ability of licensees who are not corporations to seek relief.
55

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What type of activity constitutes a “transfer” of a firearm for which a NICS check is required?

A

Sales
Pawn redemption
Return of a consignment firearm
Good rule of thumb –if a 4473 is required, a NICS check is required 63

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Who can execute a search warrant?

A

Whoever is authorized.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Can third parties help on executing a search warrant?

A

Yes, so long as they are necessary to assist with the execution of the warrant (e.g., Facebook personnel). Media cannot participate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What if you notice a material mistake in the search warrant like in Groh? What do you do?

A

Stop searching. Freeze the scene.

Get a new warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Where are the authorities of an ATF special agent listed in the U.S. Code?

A

18 U.S.C. §3051

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Can a Federal search warrant expire?

A

Yes. 14 days from date of issuance (or whatever the warrant says). Tracker is 10 days.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What if PC no longer exists for the search location but you have your warrant?

A

Do not execute!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

At what time can you execute a search warrant, generally?

A

Daytime: 6 a.m. –10 p.m., local time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Can a magistrate in the Southern District of Georgia issue a SW to search a house in Jacksonville, FL?

A

NO…unless it is related to terrorism with a connection to the issuing district.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Can a Judge in Brunswick sign an email search warrant where the target is located in Jacksonville, but has communicated with you in Brunswick via email about shipping firearms?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Can no-knock warrants be acquired?

A

Yes if you demonstrate good cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What do you leave at the search location?

A

Copy of the search warrant with attachments (not the affidavit!), inventory of and receipt for items seized. Do a post-search video and lock up!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Can you restrain persons with handcuffs at a search location?

A

Yes, but not beyond the completion of the search (unless arrested).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Who can request a Federal search warrant?

A

Federal law enforcement officer and an attorney for the U.S. Government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Who can issue a Federal search warrant?

A

Federal magistrate judge, any Article III judge (district, circuit, Supreme Court), and a state judge of record if no Federal judge is available (virtually impossible situation).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are the primary purposes of the GCA?

A
  1. Keep firearms out of the hands of persons who are potentially irresponsible or dangerous to society
  2. To enable states to more effectively control firearms traffic within their borders
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Who are fully prohibited persons?

A
  1. Felons and high misdemeanants
  2. fugitives from justice
  3. drug users
  4. adjudicated mentally defectives or committed to a mental institution
  5. Illegal aliens
  6. Dishonorably discharged
  7. Persons who renounced citizenship
  8. Domestic Violence order of Protection
  9. Convicted of MCDV
  10. Persons employed for prohibited persons
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What is 922(g)(1)?

A

Prohibited status for being convicted of a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Actual vs. Constructive possession

A

Active: holding or on their person
Constructive: Exercising dominion or control over the object

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Sole vs. joint possession

A

Sole: one person in possession
Joint: 2 or more people possess

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Is it unlawful for a Non-prohibited person to possess armor piercing ammunition?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What is 18 USC 924(e)?

A

Sentence enhancement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

How do you prove drug user status?

A
  • Criminal record of drug use (see 27 CFR 478.11 definition)
  • Observing the person use the drugs
  • Physical evidence on the person –track marks
  • Finding and seizing drugs and drug paraphernalia
  • Blood, hair, or urine analysis
  • Admissions/confessions
  • Medical records**
  • OR any combination of the above
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

•

Can a defendant be convicted of §922(g) even if the Government does not introduce a firearm at trial?

A

Yes. [U.S. v. Abernathy, 277 F.3d 1048 (8thCir. 2002) (5 witnesses testified that the defendant possessed the firearm.)]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Would a defendant constructively possess a firearm he took to a gun shop for repair?

A

Yes. [U.S. v. Horodner, 993 F.2d 191 (9th Cir. 1993)]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Felon A and not-prohibited person B occupied a motel room. Firearm in a plastic bag was found under the mattress with the felon’s fingerprints on the bag. Is Felon A in constructive possession?

A

Yes. [U.S. v. Huffhines, 967 F.2d 314

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Prohibited defendant possesses the only key to a padlocked walk-in refrigerator loaded with firearms and ammunition. 922(g) violation?

A

Yes. The court cited other cases that possession of keys to cars, dwellings, and motel rooms was similar to possession of contraband located inside. [U.S. v. Piwowar, 492 F.3d 953 (8th Cir. 2007)]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Felon possessed drugs and firearm in girlfriend’s bedroom. She testifies that drugs/gun were his. Police found his clothing, DVD’s, time slips, and DNA on bed sheets. 922(g)(1) violation?

A

Yes. [U.S. v. Kent, 531 F.3d 642 (8th Cir. 2008)]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Firearm was found on the passenger floorboard inside a vehicle driven by a prohibited driver. Driver claimed the firearm was in passenger’s possession, not his. 922(g) violation?

A

Yes. Court found that the driver is held to higher level of accountability for a vehicle’s contents.
[U.S. v. Walker, 545 F.3d 1081 (D.C. Cir. 2008)]
55

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

What is ammunition under the GCA?

A 
A)cartridge cases
(B)primers
(C)bullets, or
(D)propellant power…
… designed for use in any firearm.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Can you prove interstate nexus if you don’t have the firearm?

A

Yes, if the nexus expert can identify the firearm from a photo or witness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

How many 922(g) charges can be brought?

Same felon possessed a different firearm in his car.

A

Different firearm, different location = 2nd count.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

How many 922(g) charges can be brought? felon has a firearm in his home for 365 days, a different firearm in his car and another firearm at his business

A

Different firearm, different locations = 3rd count.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

How many 922(g) charges could be brought felon possessed the same gun in his home, car, and business?

A

Same gun, different locations = 1, unless possession was lost in between.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Is a ‘bona fide’ gift a straw purchase?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

What is the definition of a school zone?

A

in or on the grounds of a public, parochial or private school or within 1000 ft from those grounds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

How long does a licensee have to report the theft or loss of a firearm from their inventory?

A

48 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What is 924(a)(1)(A)?

A

False statement made in the required records

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Can a FFL delay entry or place conditions during an inspection?

A

No, refusal is grounds for revocation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

What is the most common type of FFL?

A

Type 01/02 Dealer, pawnbroker, gunsmiths

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

T or F? It is generally lawful for any person other than a licensee to transport into or receive in a state any firearm purchased or otherwise obtained outside that state?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

What type of trafficking is when a Licensee fails to record the receipt and disposition of trafficked firearms?

A

Off-Book

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

What are the 2 general types of traffickers?

A
  1. Non-licensees

2. Licensees

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

What is a method of keeping records in which receipts are properly recorded, but licensees falsify dispositions?

A

Dummy Out

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

What are some indicators of trafficking by an FFL you might find in the required records of an FFL?

A

Discrepancies in A & D and their actual inventory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

What are several indicators of trafficking by an individual you might find in the required records of an FFL?

A
  1. Frequent purchases
  2. Out of character purchases
  3. Bad or unusual ID’s
  4. Multiple sales to someone who lives far from the FFL
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

How many Federal districts are located around the country?

A

94

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

The judicial districts fall under how many judicial courts?

A

12

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What does Brady require?

.

A

LEOs turn over all exculpatory evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

What is a Special Agent’s obligation under Brady?

A

It is a special agent’s obligation to provide the information to the AUSA.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

What is the ATF’s national enforcement strategy, as well as it’s business model used to further the ATF mission?

A

Frontline

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

What does each office (Criminal Enforcement & Industry Operations) conduct yearly that is intelligence driven?

A

Domain Assesment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

What are the 2 types of intelligence?

A
  1. Tactical

2. Strategic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

What is the product resulting from the collection, processing, integration, evaluation, analysis and interpretation of available information concerning individuals or activities suspected of being known to be criminal in nature?

A

Intelligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

What type of intelligence is short term?

A

Tactical

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

What type of intelligence is long term?

A

Strategic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

What is Criminal intelligence information?

A

Information obtained from investigative records and other sources, reasonably indicating, past, current or impending criminal activity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

What type of criminal information is not associated with an actual open investigation?

A

Criminal intelligence information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

What is defined as information from investigative records and other sources developed during the course of an actual open investigation?

A

Criminal investigation information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
85
Q

What is ATF’s national (Headquarters) intelligence component?

A

Office of Strategic Intelligence and Information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
86
Q

What is the headquarters intelligence entity focused on bureau-wide operations?

A

OSII

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
87
Q

What is the field division intelligence component?

A

Crime Gun Intelligence Centers (CGIC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
88
Q

What groups are located within each of the ATF’s 25 field divisions and had the mission to provide direct support to the field and act as a liaison to OSII?

A

CGIC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
89
Q

Who are the primary intelligence resource for the CGIC?

A

Intelligence Research Specialists (IRS)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
90
Q

What is the sharing of limited investigative information among Federal, state, local, and tribal LE entities in order to identify targets of common investigative interest/activity, reduce duplicative efforts, expand investigative scope and minimize blue on blue events?

A

Deconfliction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
91
Q

What is the DOJ mandated primary deconfliction system to be used in all active cases?

A

DICE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
92
Q

What are also known as historical toll records?

A

Call Detail Records (CDR)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
93
Q

What type of subscriber and billing information can you receive from cellular data?

A
  1. Subscriber or user name
  2. Billing Party
  3. Address
  4. Activation date and/or cancellation date
  5. Associated telephone numbers
  6. Means of payment
  7. Service subscribed and type of device
  8. Customer notes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
94
Q

What is another name for Stingray/Hailstorm that assist with the identification of and/or approximate the location of suspect handset?

A

Cell site simulator technology

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
95
Q

What is a device which captures outgoing data that is reansmitted from the target phone?

A

Pen Register

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
96
Q

What device captures the incoming data to the target phone that identifies the originating number?

A

Trap & trace

97
Q

International (global) system for mobile communication?

A

GSM

98
Q

How many months of records should you consider requesting when asking for CDR from a carrier?

A

6 months

99
Q

A grand jury subpoena may be used to obtain what phone media?

A
  1. Subscriber information

2. Call detail records without cell site data

100
Q

A court order may be used to obtain what phone media?

A
  1. Subscriber and billing information
  2. call detail records without cell site data
  3. Tower dump information
101
Q

A search warrant can be used to obtain what phone media?

A
  1. subscriber and billing info
  2. call detail records including historical cell site data
  3. content of communications
    use of cell site simulator technology
102
Q

What provides a list of identified users of telephones?

A

Pen-Link subscriber reports

103
Q

What identifies the number of telephone calls between the target telephone number and any telephone number called to/from the target telephone number?

A

Pen-Link frequency report

104
Q

What is used to compare 2 or more target telephone numbers with the same investigation?

A

Pen-Link common calls reports

105
Q

What details each telephone call with associated cellular data?

A

Pen-Link calls report with cell towers

106
Q

What is used to compare calling activity of 2 or more separate cellular towers to identify potential target telephone numbers?

A

Pen-Link cell tower comparison report

107
Q

In many instances what apps may be difficult, or even unlikely, to be able to obtain communicated data unless the phone is recovered and assessed ?

A

Encryption apps such as WhatsApp, Telegram, Signal and Wire

108
Q

What is the display and manipulation of imagery, satellite, photography and maps with data gleaned from various sources to assist in investigations, illuminate patterns or as visual aids for agents and/or decision makers?

A

Geospatial Data

109
Q

What can be obtained from social media content?

A

Various levels of open source information are usually available for subjects and/or associates (Unsecure/secure)

110
Q

What can be used as an option to gain additional information from social media?

A

Friending or following

111
Q

Who mission is it to provide support to ATF through the acquisition, examination and presentation of data from digital devices using sound forensic methodologies and best practices?

A

Digital Forensic Branch (DFB)

112
Q

What provides advanced mobile device exploitation and unlock services?

A

Advanced mobile device support (AMDS)

113
Q

What supreme court case held that police can no longer search a cellular telephone incident to arrest?

A

Riley v. California

114
Q

What are the 2 methods to lawfully search an electronic device?

A

Search warrant or consent

115
Q

What mode should a cell phone be placed in when seized?

A

Airplane Mode

116
Q

What must be ensured prior to seizing and/or searching a device?

A

Legal authority

117
Q

What should you document when seizing a device?

A
  1. Device connections/network connections
  2. Photograph device location, state (on/off) and visible identifiers
  3. any connected devices
  4. alterations to device
118
Q

What should not be preformed when seizing a device because it could lead to wiping?

A

Keystrokes

119
Q

What are unique from the firearm left on every cartridge case each time it’s fired?

A

Imprints

120
Q

What is the program manager by ATF that automated the imagining of the unique identifiers of cartridge cases fired from firearms and stores the digital images into a database?

A

The National Integrated Ballistic Information Network (NIBIN)

121
Q

What networks mission is to reduce firearms violence by identifying; investigating and prosecuting shooters?

A

NIBIN

122
Q

What is a key component with respect to the Crime Gun Intelligence strategy?

A

NIBIN

123
Q

When did the science of forensic ballistic comparison originate?

A

The 1920s

124
Q

What FBI technology came out in the 1990s to import digitized images into a database and compared those images with other images entered?

A

DrugFire

125
Q

What ATF system was introduced in the 1990s that focused on the imaging and automatic regional searching of bullets?

A

Integrated Ballistic Identification System (IBIS)

126
Q

Which 1990s technology was not an automated system?

A

DrugFire

127
Q

What year did the ATFs NIBIN program start?

A

1999

128
Q

What NIBIN confirmation must have microscopic confirmation by a firearms examiner?

A

NIBIN Hit

129
Q

What is the technology provided by Ultra Electronics Forensic Technology Inc., b which cartridge case are imaged and correlated against a regional database?

A

IBIS

130
Q

What is the cartridge case acquisition station that captures highly detailed images of cartridge cases to include the breech face firing pin impression on the primer, and ejector markings?

A

BRASSTRAX

131
Q

What is the digital imaging of various firearms related markings present in cartridge cases into IBIS?

A

ACQUISTION

132
Q

What is the analysis station where correlation reviews are preformed?

A

MATCHPOINT

133
Q

what is the automated comparison of acquired digital images using an algorithm that is designed to provide the analyst with a list of candidates ranked by correlation score from high to low?

A

CORRELATION

134
Q

What is an unconfirmed potential link between at least 2 pieces of firearms related Ballistic evidence based on correlation review of the digital images (using MATCHPOINT)?

A

NIBIN LEAD

135
Q

What is when 2 or more firearms related ballistic evidence acquisitions have been confirmed as a match by firearms examiner (the forensic expert)?

A

NIBIN HIT

136
Q

What are the 4 critical steps of NIBIN?

A
  1. Comprehensive collection
  2. timely turnaround
  3. Investigative follow-up
  4. Feedback
137
Q

What NIBIN confirmation is necessary (usually for court purposes) l, a firearms examiner will have to make a positive microscopic comparison in order to confirm the match and generat the report?

A

NIBIN HIT

138
Q

In order to prioritize the workload how should criteria be considered?

A
  1. Last is first
  2. Worst is first
  3. Shortest time between the incident and a likely match
  4. Recovered firearms
  5. Multiple firearms
139
Q

T of F? NIBIN can be used to corroborate/exonerate witnesses?

A

True

140
Q

What must be conducted within 3 business days of the seizure in orde to timely submit casings to NIBIN?

A

Test-fires

141
Q

What is a location at which IBIS technology is present?

A

A NIBIN site

142
Q

What serves as the official ATF NIBIN training center?

A

NIBIN National Correlation and Training Center (NNCTC)

143
Q

Pursuant to the NIBIN acquistion and correlation review what 3 listed outcomes are possible?

A
  1. No match to an existing NIBIN entry identified
  2. NIBIN LEAD
  3. NIBIN HIT
144
Q

What’s purpose is to provide an avenue for comprehensive collection of ATF and state and local successes in which NIBIN and CGI are utilized?

A

I-NIBIN

145
Q

What is considered to be success in regards to NIBIN and CGI?

A

Disruption

146
Q

Robberies and burglaries against FFLs require what type of response?

A

Immediate and aggressive

147
Q

T or F? Field divisions are required to investigate ALL burglaries and robberies from FFLs, unless approved by the SAC?

A

True

148
Q

When must firearms stolen from an FFL be notified to the monitored case program (MCP)?

A
  1. Stolen using violence

2. Multiple cases from same group w/ same MO

149
Q

How long do FFLs have to report incidents to the ATF of theft, loss, missing inventory?

A

48 hours

150
Q

The decision to investigate what thefts are at discretion of the SAC of the affected field division?

A
  1. Interstate theft
  2. Loss from inventory
  3. Loss (missing) not discovered during an inspection
151
Q

What are the mandatory protocols for FFL burglaries?

A
  1. Immediately respond to the FFL
  2. Cooridnate with state and local LE
  3. Assess the scene and report general information back to first line supervisor
  4. Notify industry operations
152
Q

What are the initial steps of a successful FFL burglary/robbery investigation?

A
  1. Protect the crime scene
  2. Initial interviews of victim/witnesses
  3. Crime scene processing to determine the presence of physical evidence
  4. Follow up investigation
153
Q

After a FFL burglary/robbery who should be interviewed?

A
  1. All employees

2. Other FFLs in the area

154
Q

What are the 4 layers of the internet

A
  1. Surface/commercial web
  2. Private web
  3. Deep web
  4. Dark Net/Web
155
Q

In internet investigations there will often be online undercover contact with the subject and the case that may be initiated through the use of what?

A

Open source intelligence (OSINT)

156
Q

What are the 2 distinct going dark challenges?

A

Real time

Data at rest

157
Q

Sales on the dark net offer a high degree of what?

A

Anonymity

158
Q

Historically what has there been a substantial amount of on the dark net?

A

Law enforcement presence

159
Q

What can destroy an online investigation?

A

the identification and cross-contamination of using ATF Network device

160
Q

Who is not permitted to have undercover contact with suspects?

A

Non-1811 personnel such as IRS and IOI’s

161
Q

What are issued pursuant to 18 U.S.C 2703 to third party providers to instruct them to maintain information contained in the particular account for a period of 90 days?

A

Preservation letters

162
Q

When should you issue a preservation letter?

A

the beginning of your investigation, after every significant post, and before any subpoenas, orders, or search warrants

163
Q

When you send a legal process to a company for electronic information, you must also include what?

A

the non-disclosure order

164
Q

who conducts and coordinates multijurisdictional operations and provides investigative direction to disrupt and dismantle online criminal activity within enforcement and regulatory jurisdiction to the ATF?

A

The internet investigations center (IIC)

165
Q

Whose mission is it to apply advanced forensic computer technology to retrieve information of probative value that is stored or transmitted in binary from?

A

Digital Forensic Branch (DFB)

166
Q

Whose mission is to accurately and efficiently conduct firearms tracing and manage associated programs and processes for international, Federal, state and local law enforcement agencies to provide investigative leads?

A

National Tracing Center

167
Q

What are the 3 branches of the NTC?

A
  1. Firearms Tracing Branch
  2. Law Enforcement Support Branch
  3. Tracing operations and record management
168
Q

What are the 3 different types of Federal Firearms Licenses?

A
  1. Dealers
  2. Manufacturers
  3. Importers
169
Q

T or F? Brady applies to both handguns and long guns?

A

True

170
Q

How old must you be to apply for a FFL?

A

21 years old

171
Q

Can an 20 year old who is the sole corporation officer apply for an FFL?

A

-Yes, it is an exemption

172
Q

Does the NFA apply to Federal, local, and state gov’t actors?

A

No they are all exempt

173
Q

Could an individual charged with a high misdemeanor carry a firearm under the GCA if they are a gov’t actor?

A

Yes while in the act of performing their duties

174
Q

If the FFL is aware of or encourages the use of a straw purchaser so they can make the sale which false statement violation should be charged?

A

922(a) (6) instead of 924(a)(1)(A)

175
Q

In order to qualify as a 924(e) the defendant must

A
  1. violate 922(g)
  2. have 3 previous convictions of violent felonies or serious drug offenses
  3. committed on different occasions
176
Q

What is a 922(o)?

A

Unregistered machine guns

177
Q

What are the mandatory minimums for 924(c) for possessing, using or carrying?

A

5 Years

178
Q

What are the mandatory minimums for 924(c) for brandishing?

A

7 years

179
Q

What are the mandatory minimums for 924(c) for discharging?

A

10 years

180
Q

What are the mandatory minimums for 924(c) when the defendant has a prior 924(c) charge?

A

25 years

181
Q

What are the mandatory minimums for 924(c) if the firearm involved is a short-barreled shotgun? what if second 924(c) offense?

A

10 years

25 years

182
Q

What are the mandatory minimums for 924(c) if the firearm is a machinegun, destructive device, or equipped with a silencer? what is they have a prior 924(c) conviction?

A
  • 30 years

- mandatory life

183
Q

What is an NFA form 1?

A

Application to make and register a firearm

184
Q

What is NFA form 4?

A

Application for tax paid transfer of Firearm

185
Q

What is the tax price for NFA form 4? What about AOW?

A
  • $200

- $5

186
Q

what is 922(d)?

A

Transfer to prohibited persons

187
Q

can someone with 3 separate prohibited person statuses

(i.e. felon, drug user, fugitive) be charged for each status?

A

Yes

188
Q

Prohibited Persons is there a violation? If so, how do you prove it?

  1. Felon possessed a Colt revolver.
  2. Alien possessed a silencer.
  3. Dishonorably discharged soldier possessed a bomb.
  4. Wife beater possessed a pellet gun.
  5. Felon possessed a black powder rifle.
  6. Illegal alien U.S. soldier possessed a rifle while serving in Iraq.
A
  1. Yes
  2. Yes
  3. Yes
  4. No, pellet gun not a firearm
  5. No black powder is not a firearm
  6. No
189
Q

What is the primary goal of every firearms trafficking investigation?

A

To protect public safety & reduce violent crime by stopping the trafficking as soon as possible.

190
Q

How is firearms trafficking stopped as soon as possible?

A
  1. Investigation and arrest
  2. Interdiction and deterrence
  3. Public outreach and education
191
Q

How is firearms trafficking facilitated?

A

By:

  1. Straw purchasing
  2. Corrupt dealers
  3. Theft from gun stores
  4. Sales through unlicensed dealers
192
Q

What is the movement of a firearm out of lawful commerce and into the illegal marketplace, through an illegal method or an illegal purpose?

A

Firearms diversion

193
Q

What is the unlawful diversion done for the purpose of profit, power or prestige, in the furtherance of other criminal acts or terrorism?

A

Firearms trafficking

194
Q

What is any firearm that is illegally possessed, used in a crime, or suspected to have been used in a crime. Including firearms found abandoned if it was suspected to be used in a crime or illegally possessed?

A

Crime gun

195
Q

What is the tracking of recovered crime gun’s history, from its source (manufactorer/importer) through the chain of distribution (wholesaler/retailer), to the first purchaser of the firearm?

A

Firearms trace

196
Q

What is the period of time (measured in days) between a firearm’s acquisition from a retail market and LE’s recovery of that firearm during use, or suspected use, in a crime?

A

Time to crime

197
Q

What can make a firearm easier to trace?

A

A short time to crime

198
Q

What is the area where firearms traffickers have easy access to large numbers of firearms they can readily acquire and transport to other locations for unlawful resale and/or transfer to the criminal element/prohibited persons/ juveniles?

A

Source area

199
Q

What is an area where firearms acquired in a source area are unlawfully marketed and/or transferred to the criminal element/prohibited persons/juveniles?

A

Market Area

200
Q

What is the acquisition of a firearm from a federally licensed firearms dealer by an inidividual, done for the purpose of concealing the identity of the true intended receiver of the firearm?

A

Straw purchase

201
Q

Who is an individual who engages in the business of selling firearms, for livelihood and profit, without having a license to do so ?

A

Unlicensed dealer

202
Q

What is a unrecovered firearm that is suspected to have been illegally trafficker or diverted?

A

Suspect gun

203
Q

What is the program maintained by ATF’s National Tracing Center that contains identifying information relative to firearms suspected of being illegally trafficked but have not been recovered of their investigations

A

Firearms Recovery Notification Program

204
Q

What is a market source of used firearms that may be legal or illegal?

A

Secondary source markets

205
Q

What are some examples of secondary sources?

A
  1. Gun shows
  2. Flea markets
  3. Pawnshops
  4. Internet auction sites
  5. Private sales/transfers
206
Q

T or F? Generally FFLs cannot sell firearms at a flea market (unless it’s their licensed premises)?

A

True

207
Q

What can ruin an internet firearms trafficking case?

A

Use of a non attributable device (a ATF registered device)

208
Q

T or F? Most FFL violations are felonies?

A

False. Most are misdemeanors.

209
Q

What is the most common FFL criminal violation?

A

Allowing or facilitating straw purchase to increase their sales or “off paper” sales

210
Q

What trends are based on firearms laws between countries, political differences and regime changes, conflicts/uprisings and narcotic trafficking routes?

A

International firearms trafficking

211
Q

What requires prior approval (verbal) from a first line supervisor for a SA to attend ?

A

Gun shows

212
Q

What are the 2 types of firearms transfers

A
  1. Uncontrolled

2. Gov’t controlled

213
Q

If an FFL contacts ATF about suspicious activity what must they be advised?

A

That they are not obligated to make the sale, they must use their best judgement to follow the law

214
Q

The use of what inventory in furtherance of a controlled delivery requires written SAC approval?

A

Use of Props

215
Q

Who certifies Prop inventory?

A

FATD

216
Q

What relies primarily on the effectiveness of identification and self-reporting of the most critical or sensitive investigations?

A

Monitored Case program

217
Q

The initial case summary must be submitted within how many business days to the MCP?

A

5

218
Q

For domestic firearms trafficking what cumaltive total of more than how many firearms? How many NFA firearms?

A
  • 50

- 10 NFA

219
Q

What is not a new policing model but rather an integrated enhancement strategy that can significantly contribute to public safety?

A

Intelligence led policing (ILP)

220
Q

What are 3 subcomponents f the NIBIN process?

A
  1. intelligence
  2. Investigation
  3. Prosecution
221
Q

Test fired cartridges may also be known as what?

A

Known exemplars

222
Q

When must test fire be completed for NIBIN?

A

Within 72 hrs (3 days)

223
Q

What is 18 USC 922(a)(1)(A)?

A

Dealing in firearms without a license “principal objective of livelihood and profit”

224
Q

What is 18 USC 922(a)(6)?

A

Providing false information (material fact) to an FFL during the acquisition of a firearm “lie and buy”

225
Q

What is 18 USC 924(a)(1)(A)?

A

Making false statements regarding information required to be kept in an FFL’s record

226
Q

What is 18 USC 922(e)?

A

Failure to declare a firearm to the common carrier (airplane,bus,train,ship)

Used for firearms traffickers

227
Q

What is 18 USC 922(j)?

A

Possession of a stolen firearm

228
Q

what is 18 USC 922(k)?

A

Possession of a firearm with an obliterated serial number

229
Q

What is 18 USC 924(o)?

A

Conspriacy to use or carry a firearm during an in relation to a crime of violence or drug trafficking crime; or in furtherance of those crimes

(Guns to cartels)

230
Q

What is 18 USC 371?

A

Conspiracy by 2 or more persons to commits a Federal violation

231
Q

What is 18 USC 554?

A

Smuggling a firearm or ammunition out of the United States contrary to any law

232
Q

What is 18 USC 2778?

A

Arms Export Control Act

233
Q

T or F? FFLs cannot be documented informants?

A

True

234
Q

In order to investigate a corrupt FFL you need approval from who?

A

Written approval from the SAC

235
Q

Who must an FFL report stolen firearms too?

A

Local PD and ATF

236
Q

What equipment is used to extract data from cellular devices?

A

Cellbrite

237
Q

What type of ATF case do we use the NTC for?

A

Firearms trafficking

238
Q

What are the 2 main functions of the grand jury?

A

1) serve as an investigative body

2) issue indictments charging defendants with violations

239
Q

What is the Grand Jury Secrecy Rule 6(e)?

A

All matters occurring before the grand jury are secret unless you’re on the 6(e) list

SA (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions