The report noted that ATF was  working to establish a unit to identify and respond to criminal violations  involving the Internet and other new computer technology and worked  with other federal law-enforcement agencies to establish enforcement  mechanisms to prevent prohibited individuals from obtaining firearms  through the Internet and to make sure both FFLs and nonlicensed sellers  follow existing law when conducting sales through the Internet. The  report outlined the extent to which federal law regulates the sale of  firearms via the Internet, which is not treated as legally distinct from sales  not facilitated by the Internet. Licensed and  nonlicensed sellers use the Internet to facilitate firearm sales in a variety  of ways. ATF Developed an Internet Investigations Center to Help Identify Individuals Unlawfully Transferring Firearms Using the Internet

According to ATF officials, in 2012 the agency created a national center  for Internet-related investigations, now known as the Internet  Investigations Center (Center). The Center has access to a  variety of tools to facilitate Internet investigations. Much of the Center’s  software that is used to analyze online content for investigations is free  and open source. ATF officials stated that the Center investigates buyers and sellers who  use the Internet to facilitate illegal firearms transactions. ATF officials with the Center also noted that investigations might involve  both the Surface Web and the Dark Web. For example, to identify an  anonymous user on the Dark Web, the Center works to establish the  user’s “digital footprint” on the Surface Web. The report highlighted several key findings about how  firearm transactions are facilitated by the Internet. Within the report, ATF detailed a market analysis of  firearms transactions, including Surface Web and Dark Web  marketplaces. Firearms transactions that occur on the Dark Web are  more likely to be conducted in person or via the mail or common carrier,  versus through an FFL. Based on a review of DOJ Office of Inspector General documentation and  our own observations during an FFL inspection, we determined that,  during these inspections, ATF performs an inventory of the FFL’s firearms and checks it against the  FFL’s inventory to ensure that firearm transactions reconcile with the  firearm inventory;  reviews the FFL’s records of background checks for purchases  processed through NICS;  checks the prior year’s Firearms Transaction Record forms, which  document acquisition and disposition information that ATF uses to  trace firearms involved in crimes; and  reviews sales records to ensure that the FFL has recorded  appropriate tax information. As noted above, private sales among  nonlicensed individuals who are residents of the same state are not  subject to record-keeping or background-check requirements, so ATF  does not have a means by which to monitor these sales as they take  place. Agents Purchased Two Firearms on the Dark Web, but Covert Attempts to Illegally Purchase Firearms on the Surface Web Were Unsuccessful Agents Successfully Purchased Two Firearms on the Dark Web

Our agents successfully purchased two firearms from sellers we located  on a Dark Web marketplace as a result of seven total attempts. In  the seven attempts, our agents did not disclose any information indicating  they were prohibited from possessing a firearm. Specifically, private  sellers on Surface Web gun forums and in classified ads were unwilling to  sell a firearm to our agents that self-identified as being prohibited from  possessing a firearm. In our 72 attempts to purchase firearms from  private sellers on the Surface Web, 56 sellers refused to complete a  transaction once we revealed that either the shipping address was across  state lines or that we were prohibited by law from owning firearms. In these 56 attempts, 29 sellers refused because they would  not ship a firearm and 27 refused after we presented the scenario. Furthermore, in five of these attempts, the accounts we set up on several  forums were frozen by the websites, which prevented us from using them  after we disclosed our prohibited status or requested interstate shipment  and attempted to make a purchase. The results of our attempts on the Surface Web are summarized in  figure 5. ATF provided technical comments, which we  incorporated as appropriate. In both Dark Web and Surface Web  testing, the agents contacted sellers that posted ads online, and  attempted to complete firearm purchases. Methodology for Dark Web Covert Testing

Agents also accessed firearm advertisements on a Dark Web  marketplace and attempted to purchase firearms or firearm components  from nonlicensed private sellers. However, due to investigative decisions, we only employed 72 attempts. Appendix II: Examples of Illegal Firearms Sales Facilitated by the Internet

As noted above, the Bureau of Alcohol, Tobacco, Firearms and  Explosives (ATF) does not track statistics on firearm enforcement actions  that involve illegal transactions facilitated by the Internet. The individual and an  undercover agent completed the transaction and the individual was  immediately arrested.
Why GAO Did This Study

The current federal legal framework governing buying and selling of firearms does not specifically address the use of the Internet to facilitate these transactions. Additionally, private transactions involving the most-common types of firearms between individuals who are not licensed to commercially sell weapons and who are residents of the same state, including transactions facilitated by the Internet, are generally not subject to federal background-check requirements.
Congressional requesters asked that GAO assess the extent to which ATF is enforcing existing laws and investigate whether online private sellers sell firearms to people who are not allowed or eligible to possess a firearm. This report describes (1) techniques ATF uses to investigate and enforce generally applicable firearm laws in instances where the firearm or firearm-component transaction is facilitated by the Internet and (2) results of GAO's undercover attempts to buy firearms on the Dark Web and Surface Web.
GAO analyzed documents and interviewed officials to identify actions ATF has taken to prohibit illegal firearm transactions. GAO also attempted to purchase firearms from Dark Web and Surface Web marketplaces. The results of the testing are illustrative and nongeneralizable.

What GAO Found

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for investigating criminal and regulatory violations of firearms statutes and regulations that govern firearms transactions, including sales that are facilitated by the Internet. Two components of the Internet may be used to facilitate Internet firearm sales: the Surface Web and the Dark Web. The Surface Web is searchable with standard web search engines. The Dark Web contains content that has been intentionally concealed and requires specific computer software to gain access. ATF created the Internet Investigations Center (Center) to investigate buyers and sellers who use the Internet to facilitate illegal firearms transactions. The Center uses several tools to provide investigative support to ATF, which has resulted in the arrests of individuals using the Internet to facilitate illegal firearm purchases. ATF officials with the Center also noted that investigations might involve both the Surface Web and the Dark Web. For example, to identify an anonymous user on the Dark Web, the Center works to establish a user's “digital footprint” on the Surface Web.
In 2016, the Center also issued a report about Internet firearm transactions. This and other ATF reports highlighted the following about Internet-facilitated firearm transactions:
The relative anonymity of the Internet makes it an ideal means for prohibited individuals to obtain illegal firearms.
The more anonymity employed by a firearms purchaser, the greater the likelihood that the transaction violates federal law.
Firearm transactions that occur on the Dark Web are more likely to be completed in person or via the mail or common carrier, versus through a Federal Firearm Licensee.
GAO agents attempted to purchase firearms from Dark Web and Surface Web marketplaces. Agents made seven attempts to purchase firearms on the Dark Web. In these attempts, agents did not disclose any information about whether they were prohibited from possessing a firearm. Of these seven attempts, two on a Dark Web marketplace were successful. Specifically, GAO agents purchased and received an AR-15 rifle and an Uzi that the seller said was modified so that it would fire automatically. GAO provided referral letters to applicable law-enforcement agencies for these purchases to inform any ongoing investigations.
Tests performed on the Surface Web demonstrated that private sellers GAO contacted on gun forums and other classified ads were unwilling to sell a firearm to an individual who appeared to be prohibited from possessing a firearm. Of the 72 attempts agents made to purchase firearms on the Surface Web, 56 sellers refused to complete a transaction: 29 sellers stated they would not ship a firearm and 27 refused after the disclosure of the undercover identities' stated prohibited status. Furthermore, in 5 of these 72 attempts, the accounts GAO set up were frozen by the websites, which prevented the agents from using the forums and attempting to make a purchase.

What GAO Recommends

GAO is not making recommendations in this report. ATF provided technical comments, which GAO incorporated as appropriate.