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Arson - Overview of Technical and Legal Considerations in Utilizing the 1968 Gun Control Act and the 1970 Organized Crime Control Act in the Federal Prosecution of Arson Crimes

NCJ Number
83840
Date Published
1981
Length
46 pages
Annotation
The Bureau of Alcohol, Tobacco, and Firearms (ATF) occupies a unique position in Federal law enforcement to address certain types of arson-related crimes.
Abstract
ATF is committed to providing Federal assistance to State and local authorities in combating arson crimes. The ATF's enforcement approach is directed toward the investigation of arson-for-profit schemes when the target of the arson incident relates to industrial or commercial activities and the perpetrators are suspected of being members of organized crime, white-collar criminals, members of arson rings, or violent criminals. Efforts are also directed toward providing assistance to State and local authorities who are experiencing a significant arson problem, especially when the magnitude extends beyond the resource capability of such authorities. ATF's participation is predicated on the fact that a violation of Title II of the Gun Control Act of 1968 or Title XI of the Organized Crime Control Act of 1970 has occurred or is suspected. The Gun Control Act requires that various 'destructive devices' be registered with the Secretary of the Treasury in order to be legally possessed. Since such devices are frequently used by arsonists, the ATF has clear mandate to exercise jurisdiction. Similarly, the Organized Crime Control Act provides criminal sanctions against those individuals charged with the destruction of certain types of property by the use of explosives. Accordingly, this type of crime falls within the purview of ATF's explosives jurisdiction. Thirteen appendixes, diagrams, and 56 footnotes are provided.