Agreement
Preamble
The manufacturer parties to the Agreement and the Department of the Treasury, the Department
of Housing and Urban Development, and the undersigned state, city and county parties to the
Agreement enter into this Agreement to reduce the criminal misuse of firearms, combat the
illegal acquisition, possession and trafficking of firearms, reduce the incidence of firearms
accidents, and educate the public on the safe handling and storage of firearms. Furthermore, the
manufacturer parties to the Agreement enter into this Agreement as a continuation of their efforts
to make their firearms as safe as practicable for their customers and the public. Accordingly, in
consideration of the commitments set forth below:
1. The undersigned state, city, and county parties to the Agreement dismiss the
manufacturer parties to the Agreement with prejudice from lawsuits specified in
Appendix A subject to any consent orders entered pursuant to paragraph VIII; and
2. The undersigned state, city and federal parties to the Agreement agree to refrain from
filing suit against the manufacturer parties to the Agreement on an equivalent cause of
action.
The parties agree that this Agreement constitutes the full and complete settlement of any and all
claims that were raised or could have been raised in the subject litigation. The parties agree
further that this Agreement does not constitute an admission of any violation or law, rule or
regulation by the manufacturer parties to the Agreement, or any of their employees. Nothing in
this Agreement shall be construed to be an admission of liability. The adoption of standards for
firearms design and distribution in this Agreement shall not be construed as an admission by the
manufacturer parties to the Agreement that practices they engaged in prior to the execution of
this Agreement were negligent.
I. Safety and design.
A. Each firearm make and model sold by each manufacturer party to this
Agreement shall be attested by ATF or an agreed upon proofing entity
against the following standards. Existing makes and models shall meet
these standards within 60 days of execution of this Agreement unless a
longer period is specified in the standard. New makes and models shall
not be manufactured and sold after the execution of this Agreement
unless they conform to these standards.
1. Standards applicable to all handguns:
a. Second “hidden” serial number. The gun must have both a
visible serial number on the exterior of the frame or receiver, as
well as a second serial number hidden on the interior of frame or
receiver(e.g., under the grips) or visible only with the aid of an
optical instrument.
b. External locking device. As in interim measure, until the
implementation of I.A.1.c, within 60 days of execution of the
Agreement, each firearm shall be supplied with an external
locking device that effectively prevents the operation of the
firearm when locked.
c. Internal locking device. Within 24 months of execution of the
Agreement, each firearm shall have a built-in, on-board locking
system, by which the firearm can only be operated with a key or
combination or other mechanism unique to that gun.
d. Authorized user technology. The manufacturer parties to this
Agreement shall each commit two percent of annual firearms
sales revenues to the development of a technology that
recognizes only authorized users and permits a gun to be used
only by authorized persons. Within 36 months of the date of
execution of this Agreement, this technology shall be
incorporated in all new firearm designs, with the exception of
curios and collectors’ firearms. This requirement does not apply
to existing designs currently in production.
If the eight firearms manufacturers and/or importers with the
largest United States firearms sales volume agree to incorporate
authorized user technology in all firearms, the manufacturer
parties to this Agreement will incorporate authorized user
technology in all firearms.
e. Child safety. Within 12 months of execution of the Agreement,
each firearm shall be designed so that it cannot be readily
operated by a child under the age of 6. Such mechanisms
include: making the trigger pull resistance at least ten pounds in
the double action mode; or designing the firing mechanism so
that an average five year old’s hands would be too small to
operate the gun; or requiring multiple, sequenced actions in order
to fire the gun.
f. Minimum barrel length. Each firearm make and model must
have a barrel length of at least 3:, unless it has an average group
diameter test result of 1.7” or less at seven yards, 3.9” or less at
14 yards, and 6.3” or less at 21 yards. The average group
diameter test result is the arithmetic mean of the results of three
separate trials, each performed on a different sample firearm of
the make and model at issue. For each trial, the firearm shall fire
five rounds at a target from the specified distance and the largest
spread in inches between the center of any of the holes made in a
test target shall be the result of the trial.
g. Performance test: A sample of each firearm make and model
will be test-fired with “proof cartridges” (cartridges loaded to
generate excess pressure as set forth in accepted specifications
for proof cartridges) to ensure the integrity of the material. At
least on cartridge shall be fired from each chamber. Following
this test firing, the firearm will be examined for hairline cracks or
other signs of material failure and will pass this test only if there
are no hairline cracks or other signs of material failure. Each
firearm make and model shall also pass the following
performance test: the gun shall fire 600 rounds, stopping only
every 100 rounds to tighten any loose screws and to clean the
gun (if required by the cleaning schedule recommended in the
manual), or as needed to refill the empty magazine or cylinder to
capacity before continuing. For any gun that loads other than
with a detachable magazine, the tester shall pause every 50
rounds for ten minutes. The tester shall use the ammunition
recommended in the user’s manual, or if none is recommended,
any standard ammunition of the correct caliber in new condition.
A gun shall pass this test if it fires the first 20 rounds without a
malfunction and the full 600 rounds with no more than 6
malfunctions and without any crack or breakage of an operating
part of the gun that increases the danger of injury. Malfunctions
caused by failure to clean and lubricate, or by defective
ammunition, shall not be counted.
h. Drop test. Pass the more rigorous of: (a) the SAAMI Standard
drop test in effect on the date the firearm is sold; or (b) the following
test: The gun shall be test-loaded, set such that it is ready to fire and
dropped onto a steel plate or equivalent material of similar hardness
from a height of one meter from each of the following positions: (1)
normal firing position; (2) upside down; (3) on the grip; (4) on the
muzzle; (5) on either side; and (6) on the exposed hammer or striker
(or, if no exposed hammer or striker, on the rearmost part of the
gun). If the gun is so designed so that its hammer or striker may be
set in other positions, it shall be tested with the hammer or striker in
each such position (but otherwise ready to fire).
2. Additional Standards for pistols:
a. Safety Device. The pistol must have a positive manually
operated safety device as determined by standards related to
imported guns promulgated by ATF.
b. Minimum length and height standards. The pistol’s combined
length and height must not be less than 10” with the height being
at least 4” and the length at least 6”, unless it has an average
group diameter test result of 1.7” or less at seven yards, 3.9” or
less at 14 yards, and 6.3” or less at 21 yards. The average group
diameter test result is the arithmetic mean of the results of three
separate trials, each performed on a different sample firearm of
the make and model at issue. For each trial, the firearm shall fire
five rounds at a target from the specified distance and the largest
spread in inches between the center of any of the holes made in a
test target shall be the result of the trial.
c. Magazine disconnector. Within 12 months of the execution of
the Agreement, each pistol shall have a magazine disconnector
available for those customers who desire the feature.
d. Chamber load indicator. Within 12 months of the execution of
the Agreement, each pistol shall have a chamber load indicator
painted in a prominent, contrasting color or a feature that allows
the operator physically to see the round in the chamber.
e. Large capacity magazines. No pistol make or model designed
after January 1, 2000 shall be able to accept magazines
manufactured prior to September 14, 1994, with a greater than 10
round capacity, and such models shall not be capable fo being
easily modified to accept such magazines. Nor shall ammunition
magazines that are able to accept more than 10 rounds be sold by
the manufacturer parties to this Agreement or their authorized
dealers and distributors. See part II.A.1.h below.
f. Additional safety features. Each pistol must have a firing pin
block or lock.
3. Additional standard for revolvers. Each revolver make and model
must pass a safety test. Each make and model must have a safety feature
which automatically (for double action revolver) or by manual operation
(for a single actin revolver) causes the hammer to retract to a point
where the firing pin does not rest upon the primer of the cartridge. The
safety device must withstand the impact of a weight equal to the weight
of the revolver dropping from a distance of 1 meter in a line parallel to
the barrel upon the rear of the hammer spur, a total of 5 times.
B. Law enforcement and military exception. An exception to a
requirement of paragraph A may be granted for firearms manufactured
or imported for sale to a law enforcement agency or the military if the
law enforcement agency or military organization certifies to the
manufacturer party to this Agreement that the exception is necessary for
official purposes. Where a law enforcement agency authorizes or
requires its officer to purchase firearms individually for official use, an
appropriate certification from the agency will be permitted to apply to
sales to a number of individual officers. The manufacturer party to this
Agreement shall maintain the certification in its records and provide a
copy to the Oversight Commission. Firearms sold to law enforcement or
the military pursuant to this exception which do not comply with the
design standards of this Agreement, will be accompanied by a statement:
1. “On [date], [manufacturer parties to this Agreement] and
[governmental parties to this Agreement] entered into an
Agreement establishing certain design standards for firearms sold
to civilians. Pursuant to that Agreement, we are obligated to
request that you not resell this firearm to civilians. This statement
is not intended to suggest that there are any design flaws with this
firearm, and you remain entitled to dispose of it in any lawful
manner.”
C. Warnings about safe storage and handling. Within 6 months of
execution of this Agreement, manufacturer parties to this Agreement
shall include in the packaging of each firearm sold a warning on risk of
firearms in the home and proper home storage. At a minimum, these
warnings shall state in 14 point type, bold face:
“This handgun is not equipped with a device that fully blocks use
by unauthorized users. More than 200,000 firearms like this one
are stolen from their owners every year in the United States. In
addition, there are more than a thousand suicides each year by
younger children and teenagers who get access to firearms.
Hundreds more die from accidental discharge. It is likely that
many more children sustain serious wounds, or inflict such wounds
accidentally on others. In order to limit the chance of misuse, it is
imperative that you keep this weapon locked in a secure place and
take other steps necessary to limit the possibility of theft or
accident. Failure to take reasonable preventative steps may result
in innocent lives being lost, and in come circumstances may result
in your liability for these deaths.”
D. Illegal firearms. The manufacturer parties to this Agreement shall not
sell firearms that can be readily converted to an illegal firearm, that is, a
weapon designed in a manner so that with a few additional parts and/or
minimal modifications an owner can convert the firearm to an illegal
fully automatic weapon; nor shall the firearms be designed so that they
are resistant to fingerprints.
II. Sales and distribution.
In addition to complying with specific terms, the manufacturer parties to this
Agreement will agree for themselves and as part of any distribution or agency
agreement that they, and their authorized distributors and authorized dealers,
including franchisees, shall commit to a standard of conduct to make every
effort to eliminate sales of firearms that might lead to illegal firearm
possession and/or misuse by criminals, unauthorized juveniles, and other
prohibited persons (“suspect firearms sales”). Suspect firearm sales include
sales made to straw purchasers, multiple sales of handguns without reasonable
explanation (excluding sales to FFLs), and sales made to any purchaser
without a completed background check.
As specified in Part II.A.2 below, the manufacturer parties to this Agreement
will take action against dealers and distributors that violate these requirements
if the manufacturers receive actual notice of such a violation.
A. Authorized distributors and dealers.
1. The manufacturer parties to this Agreement may sell only to
authorized distributors and authorized dealers. In order to qualify
to become an authorized distributor or authorized dealer, the
distributor or dealer must agree in writing to:
a. Possess a valid and current federal firearms license, and all
other licenses and permits required by local, state or federal
law, and certify on an annual basis, under penalty of
perjury, compliance with all local, state and federal
firearms laws.
b. Execute in the presence of the purchaser the following
elements of all firearms transactions at the premises listed
on its federal firearms license: completion of the forms and
related requirements under the Brady Act and the Gun
Control Act and physical transfer of the firearm.
c. Where available, carry insurance coverage against liability
for damage to property and for injury to or death of any
person as a result of the sale, lease, or transfer of a firearm
in amounts appropriate to its level of sales, but at a
minimum no less than $1 million for each incident of
damage, injury or death.
d. Make no sales at gun shows unless all sales by any seller at
the gun show are conducted only upon completion of a
background check.
e. Within 24 months of the date of execution of this
Agreement, maintain an inventory tracking plan for the
products of the manufacturer parties to this Agreement that
includes at a minimum the following elements:
(1) Electronic recording of the make, model, caliber or
gauge, and serial number of all firearms that are
acquired no later than one business day after their
acquisition and electronic recording of their disposition
no later than one business day after their disposition.
Monthly backups of these records shall be maintained
in a secure container designed to prevent loss by fire,
theft, or other mishap.
(2) All firearms acquired by not yet disposed of must be
accounted for through an electronic inventory check
prepared once each month and maintained in a secure
location.
(3) For authorized dealers and franchisees, all ATF Form
4473 firearm transaction records shall be retained on
the dealer’s business premises in a secure container
designed to prevent loss by fire, theft, or other mishap.
(4) If an audit of a distributor’s or dealer’s inventory
reveals any firearms not accounted for, the distributor
or dealer shall be subject to sanctions, including
termination as an authorized distributor or dealer.
f. Implement a security plan for securing firearms, including
firearms in shipment. The plan must satisfy at least the
following requirements:
(1) Display cases shall be locked at all times except when
removing a single firearm to show a customer, and
customers shall handle firearms only under the direct
supervision of an employee;
(2) All firearms shall be secured, other than during
business hours, in a locked fireproof safe or vault in the
licensee’s business premises or in another secure and
locked area; and
(3) Ammunition shall be stored separately from the
firearms and out of the reach of the customers.
g. Require persons under 18 years of age to be accompanied
by a parent or guardian when they are in portions of the
premises where firearms are stocked or sold.
h. Not sell ammunition magazines that are able to accept more
than 10 rounds regardless of the date of manufacture, nor
sell any semi-automatic assault weapon as defined in 18
U.S.C. 921(a)(30) regardless of the date of manufacture,
provide safety locks and warnings with firearms, as
specified in Section 1 above, and sell only firearms that
comport with the design criteria of this Agreement.
i. Provide law enforcement, government regulators
conducting compliance inspections, and the Oversight
Commission, for purposes of determining compliance with
conditions imposed as a result of this Agreement, or for any
other authorized purpose, full access to any document
related to the acquisition and disposition of firearms
deemed necessary by one of those parties.
j. Participate in and comply with all monitoring of firearms
distribution by manufacturers, ATF, or law enforcement.
k. Maintain an electronic record of all trace requests initiated
by ATF, and report those trace requests by make, model
and serial number of firearm, date of trace, and date of sale
to the manufacturer of the firearm on a monthly basis,
unless ATF, for investigative reasons, directs the licensee
not to report certain traces.
l. Agree to cooperate fully in the oversight mechanism
established in Section III of this Agreement, including
providing access to all necessary documents, and to be
subject to the jurisdiction of the court enforcing this
Agreement.
m. Require all employees to attend annual training developed
by manufacturers in consultation with ATF and approved
by the Oversight Commission. The training shall cover at a
minimum: the law governing firearms transfers by
licensees and individuals; how to recognize straw
purchasers and other attempts to purchase firearms
illegally; how to recognize indicators that firearms may be
diverted for later sale or transfer to those hot legally
entitled to purchase them; how to respond to those
attempts; and the safe handling and storage of firearms.
New employees will receive training on the above topics,
based on materials developed for the annual training,
before handling or selling firearms and shall attend annual
training thereafter. Such training may be delivered by
electronic medium. Within 12 months of the date of the
execution of this Agreement and annually thereafter, the
manufacturer parties to this Agreement will obtain from all
authorized dealers and distributors certifications that such
training has been completed, with a list of the names of all
trained employees.
n. Require all employees to pass a comprehensive written
exam, which shall be developed by the manufacturers in
consultation with ATF and approved by the Oversight
Commission, on the material covered in the training before
being allowed to sell or handle firearms. Any employee
who fails to pass the exam shall be prohibited from selling
or handling firearms on behalf of the distributor or dealer.
The annual certification discussed in II.A.1.m above, will
include certification that all employees have passed the
exam.
o. Not complete any transfer of a firearm prior to receiving
notice from the NICS that the transferee is not a prohibited
person under the Gun Control Act.
p. Verify the validity of a licensee’s federal firearms license
against an ATF database before transferring a firearm to
that licensee.
q. Forgo any transfer of a firearm to a licensee if the dealer or
distributor knows the licensee to be under indictment for
violations of the Gun Control Act or any violent felony or
serious drug offense as defined in 18 U.S.C. §924(e)(2).
r. Transfer firearms only:
(1) To individuals who have demonstrated that they can
safely handle and store firearms through completion of
a certified firearms safety training course or by having
a certified firearms safety examination.
(2) After demonstrating to the purchaser how to load,
unload, and safely store the firearm, and how to engage
and disengage all safety devices on the firearm.
(3) After providing the purchaser with a copy of the ATF
Disposition of Firearms Notice.
(4) After obtaining the purchaser’s signature on a form
certifying that the purchaser has received the
instruction described in subparagraph (2) and the notice
described in subparagraph (3) and maintaining that
form in its files.
(5) After providing the purchaser with a written record of
the make, model, caliber or gauge, and serial number of
each firearm transferred to enable the purchaser to
accurately describe the firearm to law enforcement in
the event that it is subsequently lost or stolen.
2. The manufacturer parties to the Agreement shall incorporate into
any distribution or agency agreement with their authorized
distributors and authorized dealers, including franchisees,
procedures for terminating distributors, dealers or franchisees that
engage in conduct in violation of this Agreement. Distributors and
dealers shall after to this enforcement system as a condition of
becoming authorized. The manufacturer parties to this Agreement
shall require annual certification by their authorized dealers and
distributors that they are in compliance with the requirements in
II.A.1.(a-r) of this Agreement and applicable provision of B. and
C. below. If the manufacturer parties to this Agreement receive
actual notice of violation of the Agreement through their course of
dealing with their authorized dealers and distributors, from ATF,
state or local law enforcement, the Oversight Commission, another
dealer or distributor, a customer or other credible source, the
manufacturer parties to this Agreement will either immediately
terminate sales to the dealer or distributor in violation or take the
following actions. The manufacturer(s) that have authorized the
dealer or distributor to sell its/their firearms will, individually or
collectively, notify the dealer or distributor within seven (7)
business days of learning of such violation and inform the dealer or
distributor of the breach and request information regarding the
breach. The distributor or dealer will then have fifteen (15) days to
provide the manufacturer(s) with the requested information. If the
manufacturer(s) determine that the dealer or distributor is in
violation of this section of the Agreement, the manufacturer(s) will
provide no further product to the distributor or dealer until the
manufacturer(s) determine that the distributor or dealer is in
compliance with the Agreement.
The manufacturer(s) shall inform the Oversight Commission and
the ATF of its/their notifications and decisions and provide them
with the information provided by the dealer or distributor. If the
Oversight Commission determines that suspension or termination
of the dealer or distributor is warranted, and the manufacturer(s)
did not take this action, the Oversight Commission shall direct the
manufacturer(s) to do so.
B. Authorized distributors – additional provision.
Authorized distributors must agree to sell the manufacturer’s products
only to other authorized distributors or authorized dealers or directly to
government purchasers.
C. Authorized dealers – additional provisions.
In addition to the requirements in section II(A)(1), authorized deale4rs
must agree:
1. Not to sell any of the manufacturers’ products to any federal
firearms licensee that is not an authorized distributor or authorized
dealer of that manufacturer.
2. Not to engage in sales that the dealer knows or has reason to know
are being made to straw purchasers.
3. To adhere to the following procedure for multiple handgun sales.
If a purchaser wants to purchase more than one handgun, the
purchaser may take from the dealer only one handgun on the day
of sale. The dealer at that point will file a Multiple Sales Report
with the ATF. The purchaser may take the additional handguns
from the dealer 14 days thereafter. This provision shall not apply
to sales to qualified private security companies licensed to do
business within the State where the transfer occurs for use by the
company in its security operations.
D. Manufacturers.
Each manufacturer must:
1. Provide quarterly reports of its own sales data and downstream
sales data, with the volume of sales by make, model, caliber and
gauge, to the ATF’s National Tracing Center.
2. Not market any firearm in a way that would make the firearm
particularly appealing to juveniles or criminals, such as advertising
a firearm as “fingerprint resistant.”
3. Refrain from selling any modified or sporterized semi-automatic
assault pistol of a type that cannot be imported into the United
States.
4. Reaffirm their longstanding policy and practice of not placing
advertisements in the vicinity of schools, high crime zones, or
public housing.
5. Verify the validity of a license against an ATF database before
transferring a firearm to any licensee.
6. Forgo any transfer of a firearm to a licensee if the manufacturer
knows the licensee to be under indictment for violations of the Gun
Control Act or any violent felony or serious drug offense as
defined in 18 U.S.C. §924(e)(2).
7. Implement a security plan for securing firearms, including firearms
in shipment. The plan will include the following elements.
a. Employee and visitor movement into and out of the
manufacturer’s facility will be only through designated
security control points, and visitors will be admitted only
after positive identification and confirmation of the validity
of the visit. Employees and visitors will pass through a
metal detector before leaving.
b. All areas where firearms are assembled and stored will be
designated as restricted areas. Access will be authorized
only for those employees whose work requires them to
enter these areas or for escorted visitors. Protective barriers
will be installed in restricted areas to deny or impede
unauthorized access.
c. Each facility or area where firearms, ammunition, or
components are stored will be provided with a system to
detect unauthorized entry.
d. If firearms are shipped in cartons, the cartons will bear no
identifying marks or words. The manufacturer parties to
this Agreement will use only very strong cartons to protect
against concealed pilferage in truck shipments, and large
cartons will be secured with steel strapping in two
directions. The manufacturer parties to this Agreement will
use only carriers and freight forwarders that warrant in
writing that they conduct criminal background checks on
delivery personnel and report all thefts or losses of firearms
to ATF within 48 hours of learning of the theft or loss. The
manufacturer parties to this Agreement will inspect
carriers’ and forwarders’ local facilities periodically.
8. Encourage its authorized dealers and distributors to consent to up
to three unannounced ATF compliance inspections each year.
E. Corporate responsibility.
If ATF or the Oversight Commission informs the manufacturer parties to
this Agreement that a disproportionate number of crime guns have been
traced to a dealer or distributor within three years of the gun’s sale, the
manufacturer(s) that have authorized the dealer or distributor to sell guns
will either immediately terminate sales to the dealer or distributor or take
the following actions. the manufacturers will, individually or
collectively, notify the dealer or distributor of the disproportionate
number within seven (7) days and demand an explanation and proposal
to avoid a disproportionate number of traces in the future. The dealer or
distributor will have fifteen (15) days to provide the explanation and
proposal. If the manufacturer(s) determine that the explanation and
proposal are not satisfactory, the manufacturer(s) will terminate supplies
to the dealer or distributor. If the manufacturer(s) determine that the
explanation and proposal are satisfactory, the manufacturer will continue
supplies, but will closely monitor traces to the dealer or distributor in
question. If disproportionate traces continue, the manufacturer(s) will
terminate supplies to the dealer or distributor.
The manufacturer(s) shall inform the Oversight Commission and ATF of
its/their notifications and decisions and provide them with the
information provided by the dealer or distributor. If the Oversight
Commission determines that supervision or termination of the dealer is
warranted, and the manufacturer(s) did not take this action, the
Oversight Commission shall direct the manufacturer(s) to do so.
Disproportionate number of crime guns: Upon execution of this
Agreement, the Oversight Commission will convene to determine a
formula to identify what constitutes a disproportionate number of crime
guns. In determining the formula, the Oversight Commission shall
consider the available data and establish procedures to ensure that the
relevant data is obtained. This provision will not take effect until the
Oversight Commission sets the formula and a mechanism for its
implementation.
III. Oversight.
A. Oversight Commission.
1. Composition. An Oversight Commission comprised of five
members shall be formed. The Commission members shall serve
five-year terms except for first terms as noted and shall be
appointed as follows:
a. Two members by the city and county parties to the
Agreement. First appointees to serve two and tree-year
terms, respectively.
b. One by the State parties to the Agreement. First appointee
to serve a three-year term.
c. One member by the manufacturer parties to the Agreement.
First appointee to serve a four-year term.
d. One selected by the ATF. First appointee to serve a five-year
term.
2. Authority. - - The Oversight Commission, which will operate by
majority vote, will be empowered to oversee the implementation of
this Agreement. Its authorities will include but not be limited to
the authority to (1) review the findings of ATF or the proofing
entity that will oversee the design and safety requirements of Part I
of this Agreement, (2) maintain records of firearms sold to the law
enforcement exception, as set forth in Part I.B of this Agreement,
(3) review the safety training materials and test set forth in Parts
II.A.1.m-n of this Agreement, and (4) participate in the oversight
of the distribution and sales provisions established in Part II of this
Agreement, as set forth in Parts II.A.2 and II.E.
The Oversight Commission shall have a staff, which will be
entitled to inspect participating manufacturers and their authorized
dealers and distributors to ensure compliance with the Agreement.
The costs of the Commission shall be funded by the parties to the
Agreement. Each manufacturer party to this Agreement will pay
no more than $25, 000 annually.
B. Role of ATF. - - ATF will continue to issue, regulate and inspect federal
firearms licensees, collect multiple sales forms, conduct firearms traces,
investigate firearms traffickers and straw purchasers, enforce the Gun
Control Act and the National Firearms Act and fulfill its other statutory
responsibilities. To the extent consistent with law and the effective
accomplishment of its law enforcement responsibilities, ATF will work
with the manufacturer parties to the Agreement and the Oversight
Commission to assist them in meeting their obligations under the
Agreement. In particular, to the extent that ATF uncovers violations of
the following provision in its inspections or other contacts with federal
firearms licensees, it will inform the Oversight Commission: II(A)(1)(a),
(b), (e), (h), (i), (j), (k), (o), (p), and (q), (C)(2) and (D)(1) and (5).
Nothing in this paragraph shall diminish the obligation of the
manufacturer parties to this Agreement to make reasonable efforts to
identify noncompliance and respond to notifications of violations from
parties other than ATF.
C. Manufacturer cooperation.
1. Each manufacturer shall designate an executive level manager to
serve as a compliance officer and shall provide the compliance
officer with sufficient resources and staff to fulfill the officer’s
responsibilities under this Agreement.
2. The compliance officer shall be responsible for
a. Ensuring that the manufacturer fulfills its obligations under
this agreement;
b. Training the manufacturer’s officers and employees on the
obligations imposed by this agreement; and
c. Serving as the liaison to the Oversight Commission.
3. Each manufacturer shall commit to full cooperation in the
implementation and enforcement of this Agreement.
IV. Cooperation with Law Enforcement.
A. The manufacturer parties to this Agreement reaffirm their commitment
to cooperate fully with law enforcement and regulators to eliminate
illegal sales and possession.
B. Within six (6) months of the effective date of this Agreement, if
technologically available, the manufacturer parties to the Agreement
shall fire each firearm before sale and enter the digital image of its
casing along with the weapon’s serial number into a system compatible
with the National Integrated Ballistics Identification Network System.
The digital image shall be made available electronically to ATF’s
National Tracing Center.
C. Manufacturers shall participate in ATF’s Access 2000 program to
facilitate electronic linkage to their inventory system to allow for rapid
responses to ATF’s firearms trace requests.
V. Legislation.
The parties to this Agreement will work together to support legislative efforts
to reduce firearms misuse and the development of authorized user technology.
VI. Educational trust fund.
Upon resolution of the current lawsuits brought by cities, counties, or States,
the manufacturer parties to this Agreement shall dedicate one percent of
annual firearms revenues to a trust fund to implement a public service
campaign to inform the public about the risk of firearms misuse, safe storage,
and the need to dispose of firearms responsibly.
VII. Most favored entity.
If the manufacturer parties to this Agreement enter into an agreement with any
other entity wherein they commit to institute design or distribution reforms
that are more expansive than any of the above-enumerated items, such reforms
will become part of this Agreement as well.
In addition, if firearms manufacturers that are not party to this Agreement
agree to design or distribution reforms that are more expansive than any of the
above-enumerated items, and if the manufacturers who are party to the other
agreement(s) with more expansive terms, in combination with the
manufacturer parties to this Agreement, account for fifty percent or more of
the United States handgun sales, manufacturer parties to this Agreement will
agree to abide by the same design and distribution measures.
VIII. Enforcement.
The Agreement will be entered and is enforceable as a Court order and as a
contract.
Dated this ______ day of March, 2000
