by Dave Workman
Senior Editor

Call it either a phenomenally arrogant and stupid waste of money, or call it a clever way to remind field agents to seize property from criminals so it can be returned to the rightful owners.

Whatever you call it—and gun rights activists have been calling it a lot of things lately on chat lists—the proposal to purchase specially-engraved Leatherman multi-tools for distribution to Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents ignited a firestorm because of the inscription: “Always Think Forfeiture.”

However, Gun Week was advised that the purchase may not have taken place, and the bid request that went out last October may have been withdrawn.

According to ATF sources, the reminder to field agents to “always think forfeiture” may have positive results for gunowners and other crime victims, because forfeiture statutes are sometimes overlooked with cases against drug traffickers and other criminals. And until ATF or other agencies can legally take possession of weapons or other property seized during investigations, those items cannot be returned.

There are concerns that asset forfeiture laws have been abused, however, and that often law-abiding citizens, including gun collectors or dealers, have seen their property seized as part of an investigation, and may not get it back if such an investigation does not pan out.

Todd Reichert, a supervisory special agent and public affairs officer with ATF, told Gun Week that it is hardly unusual for ATF agents and other law enforcement officers to “recover firearms from some person who cannot legally own firearms” during an investigation.

“Let’s say it’s a convicted felon, a prohibited person, and we find four or five handguns in his apartment,” Reichert explained. “We find out if they used a straw purchase to get those guns, or if they are stolen guns....”

Once the origin of those firearms is established, ATF can use the forfeiture law to “transfer ownership of property between two parties,” the criminal and the ATF, and this process essentially works the same way for any law enforcement agency involved in such an investigation.

A former Texas lawman, Reichert noted that criminals frequently get firearms as a result of a residential burglary. If the serial number of a stolen firearm is entered into the National Crime Information Center (NCIC) database, when ATF or another agency runs a check, that gun will show up as stolen. That is when, Reichert explained, the process begins for return of the firearm to its rightful owner.

And here’s where he offered some advice to gunowners: Keep a record of your firearm, a description including make, model and caliber, barrel length and, of course, the serial number.

ATF Special Agent Rich Marianos said that it is better to be able to return a stolen firearm to its owner than possibly have it destroyed by some police agency because the owner cannot be located.