Explore The NRA Universe Of Websites

APPEARS IN News

The "Tiahrt Amendment" on Firearms Traces: Protecting Gun Owners' Privacy and Law Enforcement Safety

Tuesday, January 15, 2013

For over a decade, cities and anti-gun organizations sought access to confidential law enforcement data on firearms traces, both for use in lawsuits against the firearms industry and for use in questionable studies used to support their goals. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) compiles these records when it traces firearms in response to requests from law enforcement agencies.

Starting in 2003, the U.S. Congress passed increasingly strong language to keep this information confidential. The legislation—a series of "riders" to the appropriations bill that funds BATFE—is widely known as the "Tiahrt Amendment," after its sponsor, former U.S. Rep. Todd Tiahrt (R-Kan.). That provision was made permanent in 2006 as a part of the fiscal 2007 Appropriations bill to fund the Justice Department.  In 2009, the provision was amended to further strengthen the protections for undercover law enforcement operations and confidential informants.

Despite complaints from anti-gun activists, there are many good reasons for continuing to keep this information confidential:

  • Releasing the information serves no useful purpose. The Congressional Research Service has repeatedly said "firearm trace data may be biased" and "cannot be used to test for statistical significance between firearm traces in general and the wider population of firearms available to criminals or the wider American public.”[1] These limitations exist because the "tracing system is an operational system designed to help law enforcement agencies identify the ownership path of individual firearms. It was not designed to collect statistics."[2]
  • Traced guns aren’t always “crime guns”; firearms may be traced for reasons unrelated to any armed crime. The BATFE trace request form lists “crime codes” for traffic offenses and election law violations, among many others.
  • Trace information remains available for law enforcement use. The permanent version of the Tiahrt amendment ensures that trace data is available to federal, state, and local agencies "in connection with and for use in a bona fide criminal investigation or prosecution" or for use in administrative actions by BATFE—the principal agency responsible for overseeing the conduct of federally licensed firearms dealers. The language and history of the Gun Control Act are clear: Congress always intended to keep this information confidential, and to allow its use only for legitimate law enforcement purposes. The firearms trace database includes 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.
  • Both BATFE and the Fraternal Order of Police (FOP) oppose release of trace data. In fact, BATFE has fought for years in the federal courts to keep trace records confidential, because they contain information (such as names of gun buyers) that could jeopardize ongoing investigations—not to mention law enforcement officers’ lives. For example, a suspected gun trafficker could search publicly released information for names of "straw purchasers" he had used to buy handguns, or for traces requested on guns he had sold. That information could lead him to names of officers, informants and witnesses against his crimes. (View commentary by FOP President Chuck Canterbury from April 24, 2007)

NRA is committed to ensuring confidentiality of sensitive law enforcement information, and strongly opposes any effort to repeal the Tiahrt Amendment or any effort by the executive branch, or by state or local governments, to avoid its restrictions.

Resources


 [1] Congressional Research Service, Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports 3 (June 30, 2006).

[2] Congressional Research Service, Assault Weapons: Military-Style Semiautomatic Firearms Facts and Issues (May 13, 1992).

TRENDING NOW
Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

News  

Monday, June 15, 2026

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

Canada’s Liberal Prime Minister Mark Carney recently defended his government’s gun confiscation and “buyback” program, stating the government “has acted swiftly and decisively to combat gun crime” by removing “prohibited assault-style firearms from communities across ...

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

News  

Monday, June 15, 2026

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

Another week, another grotesque act of violence in one of New York’s least sensitive places.

Credibility Crisis Facing Violence Interruption Programs Continues

News  

Monday, June 15, 2026

Credibility Crisis Facing Violence Interruption Programs Continues

Few things expose the hypocrisy of anti-gun activists and their allies more clearly than the recurring spectacle of so-called “violence interrupters” and their own violent tendencies. The story has become repetitive but worth reiterating because ...

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

News  

Wednesday, June 10, 2026

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

The United Nations’ Ninth Biennial Meeting of States to Consider the Implementation of the Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects ...

Up Next for DOJ’s Second Amendment Section: Philadelphia

News  

Monday, June 15, 2026

Up Next for DOJ’s Second Amendment Section: Philadelphia

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), has been doing yeoman’s work in the defense of the Second Amendment.

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

Monday, June 15, 2026

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

The National Rifle Association, Michigan Coalition for Responsible Gun Owners, Michigan Gun Owners, Michigan Open Carry, and four NRA members filed a lawsuit challenging Michigan’s firearm license-to-purchase and registration regime.

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

California: Multiple Anti-Gun Bills Scheduled in Committee

Tuesday, June 9, 2026

California: Multiple Anti-Gun Bills Scheduled in Committee

On Tuesday, June 16th,the Senate Public Safety Committee will hear several anti-Second Amendment bills, including AB1743, AB1753, and AB1810. Additionally, on June 23rd, the Senate Judiciary Committee will hear AB 2047, a proposal that effectively ...

Massachusetts: Sunday Hunting Stripped from Budget

Thursday, June 11, 2026

Massachusetts: Sunday Hunting Stripped from Budget

House democrats have stripped provisions from the budget bill, H.D. 6042, that would have ended the Commonwealth’s ban on Sunday hunting, in addition to expanding land access and increasing opportunities for crossbow hunting. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.