Brady Center Asks ATF For More Crime Gun Data After Surprising Agency Disclosure

Aug 23, 2007

Washington, D.C. - Following the surprising release of Federal gun trace data by a Justice Department agency, in apparent violation of controversial Congressional restrictions on public disclosure of such data, the Brady Center to Prevent Gun Violence today filed a Freedom of Information Act requesting additional information on crime guns.

On Monday, August 20, the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released on its website a group of reports based on state-by-state crime gun trace data.  Its acting director implied that law enforcement leaders and others were confused and misinformed about the intent of the so-called “Tiahrt Amendment” restrictions on gun trace data disclosure that have been on the books since 2004 in annual bills funding ATF, now part of the Justice Department.

“The policy on gun trace data disclosure has become even more difficult to comprehend,” said Paul Helmke, President of the Brady Center to Prevent Gun Violence. “After years of refusing to release this information by hiding behind the Tiahrt Amendment, the Administration has now released carefully selected gun trace data despite the specific language in the law. 

“The strong opposition to the Tiahrt restrictions from law enforcement and the nation’s mayors appears to have led to this change in interpretation,” Helmke said.  

The current Tiahrt Amendment language states that no appropriated funds “may be used to disclose part or all of the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information required to be kept by licensees… to anyone other than a Federal, State, or local law enforcement agency or a prosecutor solely in connection with and for use in a bona fide criminal investigation or prosecution and then only such information as pertains to the geographic jurisdiction of the law enforcement agency requesting the disclosure…”.

This provision has been opposed by more than 200 police chiefs and 33 national and state police organizations, along with a coalition of over 240 mayors from more than 40 states.  These local officials charge that the Tiahrt restrictions prevent the use of crime gun data to identify the gun dealers funneling the most guns into the illegal market.

“If, as the acting director implies, the presumed restrictions have been a terrible misunderstanding, then nothing should bar the agency from releasing more aggregate information, similar to that released earlier this week, that we have requested today,” Helmke said.

The Brady Center FOIA request asks for:

• The number of traces in the Firearms Tracing System associated with each Federal firearms dealer, nationwide and sorted by state and year, for each year from 1998 to 2006, including the name and address of each dealer;
• The percentage of Federal firearms dealers responsible for more than half of the traces in the Firearms Tracing System for each year from 1998 to 2006;
• The number of each make and model of all firearms traced in the Firearms Tracing System, by state and nationwide for each year from 1998 to 2006;
• The top ten most frequently traced firearms nationwide, by make and model, for each year from 1998 to 2006.

By law, the agency is required to respond to the request within 20 working days.

The national police organizations opposing the Tiahrt restrictions include the National Sheriffs’ Association; International Association of Chiefs of Police; International Brotherhood of Police Officers; Major Cities Chiefs Association; Police Executive Research Forum; Police Foundation; Hispanic American Police Command Officers Association (HAPCOA); National Black Police Association; National Latino Peace Officers Association; National Organization of Black Law Enforcement Executives and the School Safety Advocacy Council.  Twenty state chiefs’ organizations and one regional chiefs’ organization signed the letter as well.

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As the nation's largest, non-partisan, grassroots organization leading the fight to prevent gun violence, the Brady Campaign, with its dedicated network of Million Mom March Chapters, works to enact and enforce sensible gun laws, regulations and public policies. The Brady Campaign is devoted to creating an America free from gun violence, where all Americans are safe at home, at school, at work, and in our communities.

For continuing insight and comment on the gun issue, read Paul Helmke's blog at www.bradycampaign.org/blog/. Visit the Brady Campaign website at www.bradycampaign.org.