The Facts about the “Tiahrt Amendment”

Over the last few weeks, and especially since the tragic murders in Virginia, the media has been spreading a false story about the so called “Tiarht Amendment”. The anti-civil rights organizations across the nation have been bombarding the general public and the media with misinformation and outright lies about this protective measure. Their false message is that the Amendment blocks the BAFTE from sharing “crime gun trace information” with local police officials. This is a blatant lie!

Here are the facts: 

Since 2003, U.S. Representative Todd Tiahrt (R-Kan.) has filed an amendment to the to the appropriations bill that funds BATFE preventing “crime gun trace information” from being released to the general public. Each year Congress has passed the amendment. This amendment did not block any law enforcement agency from getting trace information provided they were conducting a bona fide criminal investigation. The language clearly allowed law enforcement to do its job, but prevented rogue politicians or anti-civil rights groups from conducting vigilante fishing expeditions.

If so-called crime gun tracing data is released to the public, the public may not understand what is being presented to them. For instance, many of the guns being traced in the system were never actually used in a crime. (See GOAL's report on ATF Stats.) If this information were released by ill-meaning anti-civil rights organizations, the public could be encouraged to persecute innocent citizens and pass intrusive laws based on misleading information.

There is also a clear danger with the release of the data that rogue public officials could interfere with ongoing criminal investigations or provide the public with information about undercover agents. If this data was available to the general public, then it is quite likely that criminal elements could use it to their advantage.

The evidence is so clear about what this amendment truly does, that the Fraternal Order of Police has written an annual letter in support of it. (Click here to read the FOP letter.)

Below is some background information about the Tiahrt amendment. GOAL is urging all of our members to spread the word about the lies from the anti-civil rights crowd.

BACKGROUND

In FY ’03,’04,’05, ’06 and ‘07 the Committee included language to prevent ATF from disclosing unredacted firearm trace data and multiple handgun purchase data.  The information is being sought in various civil suits against the firearms industry.

• Firearms trace data include information such as the agency requesting a gun trace, the location from which the gun was recovered, and the identity of the dealer and original retail buyer. 

• Multiple handgun sales reports include information such as the buyer’s name and address, and the makes, models and serial numbers of handguns purchased.

ATF and the Fraternal Order of Police oppose release of these databases.  The databases contain information (such as names of buyers of traced guns) that could identify officers or informants, and could jeopardize ongoing investigations.

• If this information were made public, for example, a suspected gun trafficker targeted by an investigation could search the multiple sales database for names of “straw purchasers” he had used to buy handguns, or search the trace database for traces requested on guns he had sold. 

• In affidavits filed in one case on this subject, senior ATF staff testified to several such scenarios in which investigations could be compromised and the safety of federal agents, local police officers and others could be threatened.

The revised language is written more tightly to bar any disclosure except to federal, state and local prosecutors for use in bona fide criminal investigations in their areas.  The data would be immune from disclosure in any other proceeding, except by ATF for its own civil enforcement actions.

• Brooklyn Judge Weinstein has claimed that the FY 2004 language “could be interpreted to prevent the cooperation of BATF with the courts in amassing evidence in a murder prosecution.”  The FY 2005, 2006, 2007 language clearly addresses that concern, as well as any concern about the effect on civil actions such as license revocation proceedings.

ATF and the firearms industry were also concerned that the previous language prevented publication of ATF’s annual report on industry production volume.  The revised language would clarify that aggregate statistics may be released.