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
Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Connecticut: Pistol Ban Advances in the Legislature

Sunday, March 29, 2026

Connecticut: Pistol Ban Advances in the Legislature

Last week, the Connecticut Judiciary Committee voted to advance HB5043 - A bill championed by Governor Ned Lamount aimed at banning so-called "convertible pistols".

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

News  

Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

Is Finland Looking to Emulate America’s Founding Era on Firearms?

News  

Monday, March 30, 2026

Is Finland Looking to Emulate America’s Founding Era on Firearms?

We’ve written before about Finland, a European nation with arguably better gun laws than the majority of the continent.  

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

News  

Monday, March 30, 2026

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

A new study by James Manzi of the U.K.’s Oxford University has now confirmed what everyday Americans have seen for themselves at college and university campuses across the country.

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

News  

Monday, March 30, 2026

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

The National Rifle Association has taken legal action challenging California’s Handgun Roster, a regulatory regime that effectively bans most commonly owned handguns.

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

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.