The ATF Is Illegally Hoarding American Gun Owners’ Personal Information

[JohnC]

The ATF Is Illegally Hoarding American Gun Owners’ Personal Information

 

Eric Lieberman

 

 

11:32 AM 08/02/2016

 

 

 

 

 

 

 

 

A government report discovered the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) illegally stockpiles gun owners’ personal information.

The U.S. Government Accountability Office (GAO), the go-to federal oversight agency, conducted an audit of ATF and found it does not remove certain identifiable information, despite the law explicitly mandating it do so. GAO conducted reviews for four data systems, and concluded at least two of ATF’s systems violated official protocols.

One of the data-collecting systems called Multiple Sales (MS) requires that multiple firearms purchased at once must be reported to ATF by the federal firearms licensee (FFL). ATF policy requires that the bureau internally removes particular data from multiple gun sales reports after two years if the firearm has not been traced to criminal activity. GAO found that ATF does not adhere to its own policy. In fact, “until May 2016, MS contained over 10,000 names that were not consistently deleted within the required 2 years.”

Another system called Access 2000, or A2K, establishes servers to be used by National Tracing Center (NTC) personnel. The NTC can electronically search FFLs’ records for certain information needed to track the history of a firearm.

While GAO’s investigation revealed that A2K for currently-operating FFLs complied with formal policy, A2K for out-of-business FFLs did not comply with the restrictions “because ATF maintained these data on a single server.” They were directed to get rid of this consolidated information and did so in March 2016. Furthermore, GAO found that ATF does not, but potentially should, have an outlined policy that specifies how out-of-business FFLs should submit documentation of compliance or share pertinent information.

Accumulating and centralizing such data can become harder to maintain as time goes on. GAO recommends that ATF eliminate or at minimum obfuscate the unnecessary data to comply with federal law and to ensure that unnecessary information isn’t vulnerable to breaches or internal infractions.

GAO said they conducted this study not only so ATF can “better adhere to its policies” as the title of the report states, but also because the bureau has a role in “protecting the privacy rights of law-abiding gun owners.”

According to the report, ATF has agreed to GAO’s recommendations.

http://dailycaller.com/2016/08/02/the-atf-is-illegally-hoarding-american-gun-owners-personal-information/

[gjohnsoniv]

Color me surprised. 

 

 

/sarc

[btq96r]

At this point, if an entry for the time/date of my FFL assisted purchases and transfers aren't in a SQL database somewhere, that would be the real surprise.

[hipower]

Well...I don't think many of us are surprised by this admission. I've said for years that I didn't believe such a great source of information would be willingly deleted by our friends in the BATFE and its allies.

Now we know for sure that it has happened. And no doubt will continue to be done so.

[Randall53]

It's for the good of the children.....

[Ugly]

There is no doubt there is a database. 

One would surmise that these days, it doesn't pay to be honest. (Reflect on current administration)

My guess is this database started with the Brady bill. 

[gunslinger_Griff]

Shock value there.. 

Fortunately for me I lost all my firearms in a "boating accident"....  but I do enjoy "meeting" people from here (and ARF and Glocktalk and...)...

 

[JohnC]

Records are kept for 20 years at the FFL:

Quote

 

How long are licensees required to maintain ATF Forms 4473?

Licensees shall retain each ATF Form 4473 for a period of not less than 20 years after the date of sale or disposition. Where a licensee has initiated a National Instant Background Check System (NICS) check for a proposed firearms transaction, but the sale, delivery, or transfer of the firearm is not made, the licensee shall record any transaction number on the Form 4473, and retain the Form 4473 for a period of not less than 5 years after the date of the NICS inquiry.

[18 U.S.C. 923(g)(1)(A); 27 CFR 478.129(b)]

Last Reviewed February 10, 2016

https://www.atf.gov/firearms/qa/how-long-are-licensees-required-maintain-atf-forms-4473

 

The NICS records are supposed to be destroyed:

Quote

The NICS is not to be used to establish a federal firearm registry; information about an inquiry resulting in an allowed transfer is destroyed in accordance with NICS regulations. Current destruction of NICS records became effective when a final rule was published by the Department of Justice in The Federal Register, outlining the following changes. Per Title 28, Code of Federal Regulations, Part 25.9(b)(1), (2), and (3), the NICS Section must destroy all identifying information on allowed transactions prior to the start of the next NICS operational day.

https://www.fbi.gov/services/cjis/nics/about-nics

Here is where it gets wierd:

Quote

 

28 CFR 25.9 - Retention and destruction of records in the system.

§ 25.9 Retention and destruction of records in the system.

(a) The NICS will retain NICS Index records that indicate that receipt of a firearm by the individuals to whom the records pertain would violate Federal or state law. The NICS will retain such records indefinitely, unless they are canceled by the originating agency. In cases where a firearms disability is not permanent, e.g., a disqualifying restraining order, the NICS will automatically purge the pertinent record when it is no longer disqualifying. Unless otherwise removed, records contained in the NCIC and III files that are accessed during a background check will remain in those files in accordance with established policy.

(b) The FBI will maintain an automated NICS Audit Log of all incoming and outgoing transactions that pass through the system.

(1) Contents. The NICS Audit Log will record the following information: Type of transaction (inquiry or response), line number, time, date of inquiry, header, message key, ORI or FFL identifier, and inquiry/response data (including the name and other identifying information about the prospective transferee and the NTN).

(i) NICS denied transaction records obtained or created in the course of the operation of the system will be retained in the Audit Log for 10 years, after which time they will be transferred to an appropriate FBI-maintained electronic database.

(ii) NICS Audit Log records relating to transactions in an open status, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry; and

(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.

(2) Use of information in the NICS Audit Log. The NICS Audit Log will be used to analyze system performance, assist users in resolving operational problems, support the appeals process, or support audits of the use and performance of the system. Searches may be conducted on the Audit Log by time frame, i.e., by day or month, or by a particular state or agency. Information in the NICS Audit Log pertaining to allowed transactions may be accessed directly only by the FBI and only for the purpose of conducting audits of the use and performance of theNICS, except that:

(i) Information in the NICS Audit Log, including information not yet destroyed under § 5.9(b)(1)(iii), that indicates, either on its face or in conjunction with other information, a violation or potential violation of law or regulation, may be shared with appropriate authorities responsible for investigating, prosecuting, and/or enforcing such law or regulation; and

(ii) The NTNs and dates for allowed transactions may be shared with ATF in Individual FFL Audit Logs as specified in § 25.9(b)(4).

(3) Limitation on use. The NICS, including the NICS Audit Log, may not be used by any Department, agency, officer, or employee of the United States to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm by 18 U.S.C. 922(g) or (n) or by state law. The NICS Audit Log will be monitored and reviewed on a regular basis to detect any possible misuse of NICS data.

(4) Creation and Use of Individual FFL Audit Logs. Upon written request from ATF containing the name and license number of the FFL and the proposed date of inspection of the named FFL by ATF, the FBI may extract information from the NICS Audit Log and create an Individual FFL Audit Log for transactions originating at the named FFL for a limited period of time. An Individual FFL Audit Log shall contain all information on denied transactions, and, with respect to all other transactions, only non-identifying information from the transaction. In no instance shall an Individual FFL Audit Log contain more than 60 days worth of allowed or open transaction records originating at the FFL. The FBI will provide POC states the means to provide to the FBI information that will allow the FBI to generate Individual FFL Audit Logs in connection with ATF inspections of FFLs in POC states. POC states that elect not to have the FBI generate Individual FFL Audit Logs for FFLs in their states must develop a means by which the POC will provide such Logs to ATF.

(c) The following records in the FBI-operated terminals of the NICS will be subject to the Brady Act's requirements for destruction:

(1) All inquiry and response messages (regardless of media) relating to a background check that results in an allowed transfer; and

(2) All information (regardless of media) contained in the NICS Audit Log relating to a background check that results in an allowed transfer.

(d) The following records of state and local law enforcement units serving as POCs will be subject to the Brady Act's requirements for destruction:

(1) All inquiry and response messages (regardless of media) relating to the initiation and result of a check of the NICS that allows a transfer that are not part of a record system created and maintained pursuant to independent state law regarding firearms transactions; and

(2) All other records relating to the person or the transfer created as a result of a NICS check that are not part of a record system created and maintained pursuant to independent state law regarding firearms transactions.

[Order No. 2186-98, 63 FR 58307, Oct. 30, 1998, as amended by Order No. 2354-2001, 66 FR 6474, Jan. 22, 2001; Order No. 2727-2004, 69 FR 43900, July 23, 2004; Order No. 3477-2014, 79 FR 69051, Nov. 20, 2014]

https://www.law.cornell.edu/cfr/text/28/25.9

 

Another way the BATFE gets and keeps records of gun purchases is this:

Quote

 

Discontinue Being a Federal Firearms Licensee (FFL)

When an FFL discontinues business, the FFL must send their firearms transactions records to the National Tracing Center (NTC). The NTC receives an average of 1.2 million out-of-business records per month and is the only repository for these records within the United States.

Records can be mailed to the NTC or, alternatively, they may be delivered to your local ATF Office in order to comply with laws for surrendering records (which include all bound log books/acquisition & disposition books and computer printouts, ATF Form 4473’s, Theft/Loss Reports, Multiple Sales Reports, and Brady forms).

Please direct all further questions concerning firearms out-of-business records to the NTC.

Last Reviewed February 17, 2016

https://www.atf.gov/firearms/discontinue-being-federal-firearms-licensee-ffl

 

So when you boil it down, FFL's having to keep records for 20 years, the BATFE having access to search these records, FFL's going out of business and having to mail 4473's to the BATFE for purposes of firearms traces is essentially record keeping. And they do have millions of records according to their own website.

The only way to really keep them from knowing who has guns is to force them to purge all 4473's from the FFL's, NICS and records of them that were mailed to the BATFE. But we all know that'll never happen. 

FYI... All TGO members who bought guns from D&T Arms out by Rivergate Mall, when he went out of business, all your 4473's were mailed right to the BATFE.

 

Edited August 3, 2016 by JohnC

[Grand Torino]

[DWARREN123]

I do not think this surprises anyone who can think. They are part of the government we should be aware of and watching carefully.

[Raoul]

Like anyone's surprised by this. At this point I not only don't trust anything the feds supposedly do, I don't even trust anything the anti-gov types report that they do.

[Scorpion Equalizer]

And add the possibility of Hillary getting elected and appointing one to three communist SCOTUS

[JohnC]

Judge Andrew Napolitano on this issue:

 

[KKing]

But I'm a tin foil conspiracist, right?


Sent from my iPhone using Tapatalk

[DaveTN]

When we have a finding in an audit; we have to submit in writing what we will do to make sure the discrepancy doesn’t happen again, and a time line for our fix to be implemented.

I would guess the BATF has to do the same thing; otherwise an audit would be pointless. I wonder how they decided to fix the problem. Don’t have any more audits? 

In all seriousness though; there has to be a “Rest of the story”.