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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

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.