MARICOPA COUNTY SHERIFF'S OFFICE AZ-MOU W-SIGN.PDF
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BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
MEMORANDUM OF UNDERSTANDING REGARDING THE
eTRACE INTERNET BASED FIREARM TRACING APPLICATION
Memorandum of Understanding
between the
MARICOPA COUNTY SHERIFF'S OFFICE
and the
Bureau of Alcohol, Tobacco, Firearms and Explosives
Article I. Purpose and Authority
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) would like to extend their on-
going commitment to the law enforcement community by providing participating agencies with a
paperless firearm trace submission system and trace analysis module that is readily accessible
through a connection to the World Wide Web (Internet). This application, known as eTrace,
provides the necessary utilities for submitting, retrieving, storing and querying firearms trace
related information relative to your jurisdiction. The firearms tracing process is a valuable service
offered by ATF to the global law enforcement community. Information acquired through the
firearm tracing process can be utilized to solve individual cases, to maximize the investigative
information available for use in identifying potential illegal firearms traffickers, and to supplement
the analysis of crime gun trends and trafficking patterns.
Law Enforcement agencies that make a commitment to comprehensive crime gun tracing will be
provided with an information platform for developing the best investigative strategies for the
reduction of firearms-related crime and violence. ATF has made a concerted effort to leverage
existing information technology to better assist law enforcement agencies in the investigation of
illicit firearms trafficking as well as the interdiction of firearm sources to juveniles, youth offenders
and other prohibited persons. This Memorandum of Understanding (MOU) is intended to
formalize a partnership between the participating agencies with regard to policy and procedures
relative to the access and utilization of eTrace services.
The parties enter into this MOU pursuant to 31 U.S.C. § 6305; the E-Government Act of 2002,
Public Law No. 107-347; and the Government Paperwork Elimination Act of 1998 (GPEA), Public
Law No. 105-277.
Article II. Background
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a law enforcement
organization within the United States Department of Justice with unique responsibilities dedicated
to reducing violent crime and protecting the public. ATF enforces the Federal laws and regulations
relating to alcohol, tobacco, firearms, explosives and arson by working directly and in cooperation
with others to:
• Suppress and prevent crime and violence through enforcement, regulation, and
community outreach
• Support and assist federal, state, local, and international law enforcement.
• Provide innovative training programs in support of criminal and regulatory enforcement
functions
• Ensure fair and proper revenue collection. Provide fair and effective industry regulation
ATF recognizes the role that firearms play in violent crimes and pursues an integrated enforcement
and regulatory strategy. Investigative priorities focus on armed violent offenders and career
criminals, narcotics traffickers, narco-terrorists, violent gangs, and domestic and international
arms traffickers.
Sections 924(c) and (e) of Title 18 of the United States Code provide mandatory and enhanced
sentencing guidelines for armed career criminals and narcotics traffickers as well as other
dangerous armed criminals.
As part of ATF’s unique enforcement powers the Congress of the United States has provided ATF
with two federal sentencing laws that mandate minimum mandatory sentences for defendants
convicted of offenses relating to the possession of a firearm in violation of the Gun Control Act of
1968. Under Title 18, United States Code, Section 924(c), defendants convicted of possessing a
firearm during the commission of an offense defined as a federal crime of violence or a drug
trafficking crime shall receive an additional 5 years imprisonment added to the punishment for the
original offense. Under Title 18, United States Code, Section 924(e), a defendant convicted of
illegally possessing a firearm in violation of Section 922 (g) who has three previous convictions
for an offense defined as a violent felony or as a serious drug trafficking offense shall be
imprisoned not less than 15 years.
ATF uses these statutes to target, investigate and recommend prosecution of these offenders to
reduce the level of violent crime and enhance public safety. ATF also strives to increase State and
local awareness of available Federal prosecution under these statutes. For more information about
the use of these statutes please contact your local ATF office.
Article III. Scope
The purpose of this MOU is to establish an interagency agreement governing the access and
utilization of eTrace. In addition, the MOU will designate a primary and alternate point of contact
within your agency. The agency point of contact will be charged with ensuring adherence to the
MOU between the Bureau and the client agency users. The MOU will require the designated
agency point of contact to identify individuals from their respective agency who will require
system access, to periodically validate the list of users, and to notify the National Tracing Center
immediately in the event that it becomes necessary to revoke or suspend a user’s account.
Article IV. Interagency Communications
The participating law enforcement entity and the Bureau of Alcohol, Tobacco, Firearms and
Explosives agree that a principal point of contact within each organization shall coordinate all
communications and tasks under this MOU. The designated points of contact (POC) shall be as
follows:
ATF Field Division Name:
Phoenix Field Division
Address:
40 N Central Avenue
Suite 1000
Phoenix, Arizona 85004
Participating Law Enforcement Agency Name: MARICOPA COUNTY SHERIFF'S OFFICE
Agency Address:
550 W JACKSON ST
PHOENIX, AZ 85003
Article V. Responsibilities and Procedures
In becoming an approved user of the eTrace application, the involved parties hereby
acknowledge and accept the following responsibilities and procedures:
A. Responsibilities of the participating Law Enforcement Agency
The Participating Law Enforcement Agency shall:
1. Appoint a primary and alternate point of contact within your agency. The above
appointed individuals will be responsible for creating and maintaining a list of all
personnel within your department that will require access to eTrace.
2. The designated POC(s) within your agency will be responsible for signing as the
Designated Law Enforcement Agency Primary Point of Contact and Alternate Point
of Contact on page three of this MOU.
Designated ATF Contact
Alternate ATF Contact
Name:
Darrell Smith
Title:
Crime Gun Intelligence Coordinator
Phone #:
(602) 809-0794
Designated Law Enforcement
Agency Primary POC
Designated Law Enforcement Agency
Alternate POC
Name:
STEPHEN FAX
DAVID ARMSTRONG
Title:
DETECTIVE SERGEANT
DETECTIVE
Phone #:
(602) 8768521
(602) 876-3814
Email
Address:
S_FAX@MCSO.MARICOPA.GOV D_ARMSTRONG@MCSO.MARICOPA.GOV
Date of
Birth:
On File
On File
Signature:
Date:
3. The designated POC(s) will immediately notify the ATF National Tracing Center via
eTrace in the event that an individual’s eTrace account needs to be suspended or
revoked for any number of reasons, to include (but not limited to): employee transfer,
retirement, or release from employment.
4. Once this MOU and relative attachments have been completed and signed by all
involved parties, the original copies should either be mailed to the ATF National
Tracing Center at the address below, or scanned and emailed to
eTraceAdmin@atf.gov.
Bureau of Alcohol, Tobacco, Firearms and Explosives
National Tracing Center Division
244 Needy Road
Martinsburg, WV 25401
Attn: eTrace Customer Service Group
Phone: (800) 788-7133, ext. 01540
eMail: eTraceAdmin@atf.gov
B. Responsibilities of the Bureau of Alcohol, Tobacco, Firearms and Explosives:
The appointed ATF Field Division representatives shall:
1. Coordinate all communications and tasks listed under this MOU and serve as a liaison
between the participating law enforcement agency and the National Tracing Center
Division.
The ATF National Tracing Center (NTC) Division shall:
1. Upon receipt of this signed MOU, send an e-mail which will provide detailed
instructions on the process of requesting and receiving an eTrace user account.
2. Review all applications for eTrace access in a timely manner and facilitate the
provisioning of accounts to include relative user identifiers and passwords. Once
accounts are activated, each individual user will receive an e-mail containing their
account information.
3. Upon receipt of a request for account revocation, the NTC will immediately
deactivate the said user account.
Article VI. Conditions
• Both ATF and the participating law enforcement agency acknowledge their understanding
that the eTrace application is intended “FOR OFFICIAL LAW ENFORCEMENT USE
ONLY”. The federal government may monitor and audit usage of this system, and all
persons are hereby notified that use of this system constitutes consent to such monitoring
and auditing. Unauthorized attempts to upload information and/or change information on
these web sites are strictly prohibited and are subject to prosecution under the Computer
Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sections1001 and 1030.
• The parties acknowledge that the eTrace application will only be accessed and utilized
from your official duty station and/or alternate task force locations. However, under
isolated and stringent circumstances eTrace can be accessed from an alternate location,
specifically in furtherance of Law Enforcement activities.
• The parties agree that premature disclosure of certain firearms trace information can
reasonably be expected to interfere with pending or prospective law enforcement
proceedings. This law enforcement sensitive information includes data that can link a
traced firearm to: the location of a crime; the Federal firearms licensee; retail purchaser or
possessor of a traced firearm; or to firearms trafficking patterns involving a traced firearm.
It is agreed that the law enforcement sensitive firearms trace information generated
pursuant to this agreement shall not be disclosed to a third party without the consent of
both parties of this agreement, subject to State and Federal law. The parties agree to notify
all other parties to the MOU prior to the release of any sensitive firearms trace information
to a third party under State or Federal law. The parties acknowledge that trace data may
only be utilized for law enforcement purposes. Through Public Law 112–55, 125 STAT.
552 (November 18, 2011), Congress enacted restrictions regarding the further
dissemination of firearm trace data outside of law enforcement. The participating law
enforcement agency and any contractors working on their behalf must adhere by these
disclosure restrictions. ATF recommends that these restrictions are discussed with the
participating law enforcement agency’s legal counsel prior to any data-sharing.
• IT IS FURTHER AGREED THAT PRIOR TO THE INITIATION OF ANY
INDEPENDENT FIREARMS TRAFFICKING INVESTIGATIONS BY THE
PARTICIPATING LAW ENFORCEMENT AGENCY (BASED ON FIREARM
TRACING DATA OBTAINED VIA ETRACE), THE INTELLIGENCE GROUP AT
THE ABOVE REFERENCED ATF FIELD DIVISION WILL BE CONTACTED.
This critical step will not only allow for the further collaboration of valuable
investigative information, but will also assist in ensuring the effectiveness and overall
safety of investigating officers.
• It is understood that any report or trace result generated through the use of eTrace does
not constitute a fulfillment of the Interstate Nexus requirement in any Federal, State or
Administrative legal process or litigation. That expert testimony or Interstate Nexus
determination is made through trained experts who must be contacted at the local ATF
Field Office or Field Division Directorate.
• The parties agree that a ‘crime gun’ is defined as “any firearm that is illegally possessed,
used in a crime, or suspected by law enforcement officials of having been used in a crime”.
• The parties agree that the ATF, National Tracing Center will be designated as the central
recipient of all information entered into the eTrace application relative to crime gun
recoveries. The participating law enforcement agency agrees to make every effort to
provide complete and accurate firearm trace-related information to include: recovery
location, possessor information and associated individuals. Law Enforcement agencies
that make a commitment to comprehensive crime gun tracing will be provided an
information platform for developing the best local investigative strategies for their
community in the reduction of firearm related crime and violence.
Article VII. Conclusion
It is the intent of the signatories that this MOU ensures coordination, cooperation and the mutual
conduct of enforcement and research activities relative to the eTrace application. The result of
this mutual cooperation and coordination will be the successful prosecution of illegal firearm
crimes in State and Federal jurisdictions as well as the development of an accurate picture of the
illegal firearms market and the inception of new strategies to effectively interrupt this market and
impact the rate of firearm related violence.
This MOU is effective upon the date of the last signature by the authorized representative of the
parties and shall remain in effect for an unspecified time period, wherein the authorized point of
contact maintains that position within the participating agency, unless terminated earlier in writing
by either party. Amendments to this MOU are effective upon the date of the last signature on the
Amendment, by the authorized representative of the parties. This MOU may be amended or
modified only by written agreement. Parties to this MOU may terminate their participation at any
time upon written notification of their intent to withdraw to all other parties in the MOU.
Termination of the MOU by either party will result in the revocation of all eTrace accounts
established under this agreement.
In witness whereof, the parties have hereunto executed this MOU.
Maricopa County Sheriff’s Office
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF), Phoenix Field
Division
___________________________________
___________________________________
Jerry Sheridan
Date
A.J. Gibes
Date
Sheriff
Special Agent in Charge
(ATF - Special Agent in Charge or designee)
Maricopa County Board of Supervisors
___________________________________
Kate Brophy McGee,
Date
Chair of the Board
ATTEST:
___________________________________
Juanita Garza,
Date
Clerk of the Board
___________________________________
Deputy County Attorney
Date