Sens. Markey and Warren ask ATF to look into ammo vending machines

AI-enabled ammunition vending machines could facilitate mass shootings and let people circumvent federal bans prohibiting people with certain criminal convictions from buying ammunition, two senators warn.

Massachusetts Senators Ed Markey and Elizabeth Warren sent a letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) asking it to “closely examine” facial recognition-enabled ammunition vending machines that have recently been installed in supermarkets in certain states.

The machines, distributed by the Texas-based company American Rounds, began appearing in grocery stores in Alabama, Texas, and Oklahoma in July. American Rounds says the machines have “built-in AI technology, card scanning capability and facial recognition software” that confirms the purchaser’s age and verifies that their face matches their ID. The machines don’t limit how much ammunition a person can purchase at a time.

“Easy access to ammunition helps to fuel our country’s gun violence epidemic, which now claims more than 44,000 lives annually,” the letter reads. “Studies show that increasing the availability of firearms and ammunition leads to more injuries and deaths, especially suicides, and that regulation of ammunition purchases can help reduce gun violence.”

Markey and Warren’s letter says these machines carry “inherent risks,” including possibly allowing people who are barred from purchasing guns and ammo under federal law — including people with convictions for felonies or domestic violence misdemeanors and people with active domestic violence-related restraining orders — to circumvent these restrictions. The letter also says that eliminating face-to-face sales means there’s no opportunity to identify straw purchases. “[E]xperienced gun shop employees may be able to detect when someone attempts to straw purchase ammunition for another and stop the transaction,” the letter reads. Clerks could also notice when a customer is experiencing signs of distress or other warnings that they plan on using ammunition to hurt themselves or others — and could refuse to sell to them.

The letter also takes issue with the machines’ use of “unreliable and inaccurate facial recognition technology,” noting that studies show that facial recognition algorithms misidentify women and people of color at higher rates than they misidentify white men. “Given the significant error rates with facial recognition technology, ammunition vending machines raise serious concerns about false approval and potential legal implications for both consumers and vendors.”

“A federal license is not required to sell ammunition. However, commercial sales of ammunition must comply with state laws as well as any applicable federal laws,” an ATF spokesperson said in a statement to CNN in July.

Markey and Warren have requested that the ATF provide written responses to a list of questions by August 30th. The ATF did not immediately respond to The Verge’s request for comment.