Firearm Project, Immigration and Customs Enforcement

Brian Freskos filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking # 2017-ICFO-04896
Status
Completed

Communications

From: Ben Hallman

Dear Records Officer,

Pursuant to the Freedom of Information Act, I am requesting access to and copies of records from your agency. I have broken the request into three parts for your clarification. As expressed below, the date range for each part of this request is January 1, 2010 to the present:

1) Detailed information about crime guns

It is our understanding that law enforcement agencies maintain detailed records about firearms that were used in crimes, recovered at crimes scenes or seized during investigations in their jurisdictions, including the make, model and serial number of each gun. We are therefore requesting the following:

-- The following records regarding firearms recovered at crime scenes, seized during investigations, or otherwise taken by your agency: the make, model, and serial number of each gun; the date of the crime or recovery; the case number for the crime or recovery; the type of crime the firearm was used in; and the address where the crime was committed or the recovery took place.

If your agency maintains a spreadsheet or database containing these records, we ask that you please provide that database.

I would like to note that we are not at this time seeking copies of reports or any other investigative records associated with these crimes or incidents; we are only seeking information about the firearms used and some general information that is generally released to the public.

The date range for this part is also January 1, 2010 to the present.

2) Detailed information on lost, stolen or unaccounted for law enforcement guns

Second, it is our understanding that law enforcement agencies maintain detailed records about firearms that, while under the control and/or in the possession of their employees, went missing, were lost or stolen, or are otherwise accounted for. Therefore we request the following:

-- Any and all records of agency-issued firearms that were lost, stolen, went missing or are otherwise accounted for.

-- If your agency does not issue firearms, then we ask for any and all records of firearms that were lost, stolen, went missing or otherwise became unaccounted for while under the control and/or in the possession of one of your employees.

The records should include but not be limited to the following:

• The make, model, serial number and caliber of each lost or stolen firearm
• The location and address where the firearm was lost or stolen
• The date of the loss or theft.
• The date the lost or theft was reported
• Whether each lost or stolen firearm was recovered
• If the lost or stolen firearm was recovered, the date and location of the recovery
• A description of how the firearm was lost or stolen
• Whether negligence on the part of the employee is/was suspected in the loss or theft of the firearm
• Whether the employee in control of the firearm retired, was terminated or otherwise left the department, and if so, the date and circumstances of the employee’s departure and whether his or her gun was retrieved and/or recovered.
• Any other individual reports and findings on the individual lost or stolen firearms

The records should include but not be limited to databases, reports, memos, internal affairs investigations, emails or other correspondence, and/or any other records.

The date range for this part is also January 1, 2010 to the present.

3) Officers with arrest and firearm authority

Finally, we would like to know how many officers in your agency have the authority to carry firearms and whether that number has increased or decreased over the last five years. Therefore, we are requesting the following:

-- The number of employees authorized to carry firearms in each 2010, 2011, 2012, 2013, 2014 and 2015.

Please label each record in a clear manner. As a news organization, we will be making information obtained from this request available to the general public and are not requesting it for commercial purposes.

In the event that there are fees, I would be grateful if you informed me of the total charges before completing my request. We request that if you send an invoice, you make it out to The Trace.

I would prefer the requested information be sent via an e-mail attachment if available, or a mailed CD-ROM if not. If standard mail must be used, we ask that you send the request to the following address:

The Trace (at WeWork)
Attn: Brian Freskos
428 Broadway
New York, NY 10013

Thank you in advance for your help with this request. I look forward to receiving your response. If you have any questions or concerns, do not hesitate to contact me on my cell phone: (919) 522-6354

Sincerely,

Brian Freskos

From:

November 03, 2016 BRIAN FRESKOS MUCKROCK DEPT MR 29731 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2017-ICFO-04896 Dear Mr. FRESKOS: This acknowledges receipt of your October 31, 2016, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for records pertaining to:
1) Detailed information about crime guns
2) Detailed information on lost, stolen or unaccounted for law enforcement guns
3) Officers with arrest and firearm authority (see request for specific details) (Date Range for Record Search: From 01/01/2010 To 10/31/2016).
Your request was received in this office on October 31, 2016.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner. Provisions of the FOIA allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to non-commercial requesters.  As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher.  We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2017-ICFO-04896. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2017-ICFO-XXXXX tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at
www.ice.gov/foia

From:

Mr. FRESKOS,
ICE's fee correspondence regarding your FOIA request, 2017-ICFO-04896, for records pertaining to: 1) Detailed information about crime guns 2) Detailed information on lost, stolen or unaccounted for law enforcement guns 3) Officers with arrest and firearm authority (see request for specific details) (Date Range for Record Search: From 01/01/2010 To 10/31/2016) is attached.
Sincerely,
ICE FOIA

From: Ben Hallman

Hi,

I would like to amend the request to remove part 1 and 3.

I am now only seeking part 2) lost, stolen, unaccounted for law enforcement guns.

Please advise of estimated charges.

From: ICE-FOIA

Good afternoon,

We are currently waiting for a response from the tasked agency within ICE.

Sincerely,
ICE/FOIA

From: Immigration and Customs Enforcement

A copy of documents responsive to the request.

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