Less than one-third of guns and ammunition taken by the federal government are done through criminal forfeitures. During the Biden administration, criminal forfeitures of guns and ammunition nearly doubled, while administrative forfeitures and civil forfeitures were essentially level. The chart shown was obtained from the Department of Justice (DOJ). It lists the three types of forfeitures for the last five fiscal years. The federal fiscal year is the time period used for budget purposes, running from October 1 to September 30 each year. The five years covered span most of the four years of the Biden administration.
Here is a short description of the three types of forfeiture listed. They are derived from longer definitions posted at the DOJ.
- Judicial Criminal Forfeiture – the procedure by which property is forfeited by a person as part of a criminal conviction. The connection between the crime and the property must be established by a preponderance of the evidence. This type of forfeiture occurs when a claimant contests the forfeiture. This type of forfeiture accounts for 31% of the federal forfeitures of guns and ammunition.
- Civil Judicial Forfeiture – the procedure by which property alleged to be derived from or used to commit an offense is forfeited to the government. No criminal conviction is required, but a court has to find a preponderance of the evidence, presented by the government, links the property to criminal activity. This type of forfeiture amounts to about two percent of the forfeitures of guns and ammunition.
- Administrative Forfeiture – the procedure by which property is forfeited without a case being filed in federal court. This occurs when no one contests the forfeiture of the assets. The seizure of the property is required to be based on probable cause. This type of forfeiture is the most common at about two-thirds of the federal forfeitures of guns and ammunition.
It is likely the judicial-criminal and administrative forfeiture of firearms and ammunition will be reduced during the President Trump administration. FY21 ran from October 1, 2020 to September 30, 2021. The first four months were during the first Trump administration. Much of the last eight months happened as the Biden administration found its footing and changed the direction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The FY21 number of Judicial-criminal firearms and guns was 8,482. The number increased over the next three years to 16,858, very close to double. There was very little change in the other two types of forfeiture.
The doubling of judicial-criminal forfeitures during the Biden administration likely occurred because of the “zero-tolerance” anti-Second Amendment policy of the Biden administration. Acts that would not have been considered criminal or would not have been prosecuted before the Biden administration were vigorously prosecuted during the Biden administration.
The Trump administration has already put plans into effect to transfer or cut 1000 ATF agents. The ATF has about 2,600 agents. Removing a thousand ATF agents from the ATF means the ability of the ATF to infringe on Second Amendment rights will be greatly reduced. The change in focus of the ATF, away from paperwork errors and toward violent criminals, will probably mean a smaller number of more important cases.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
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