Documents on Ghost Guns and Related Statistics

Date: December 23, 2023

New York State Police
Central Record Bureau
1220 Washington Avenue, Bldg. 22
Albany, NY 12226-2252

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Documents on Ghost Guns and Related Statistics, Including Defense Distributed and thegatalog

Dear FOIA Officer,

Under the provisions of the Freedom of Information Act, 5 U.S.C. § 552, I hereby assert my legal right to request access to and copies of all records held by the New York State Police pertaining to the tracking, monitoring, and investigation of ghost guns, with specific emphasis on activities related to Defense Distributed and thegatalog, from January 1, 2019, through the date this request is processed.

For the purpose of this request, I am seeking the following detailed records:

1. Internal Communications Regarding Ghost Guns:
• Any internal memos, emails, or communications discussing the identification, tracking, or handling of ghost guns within the New York State Police during the specified period.
• Correspondence related to ghost guns and their impact on public safety.
• Specifically, communications addressing challenges, successes, or advancements in the understanding of ghost guns within the department.
• Communications within the New York State Police regarding collaborations or information sharing with external agencies, such as the FBI, ATF, or other relevant entities, on ghost gun-related matters, with a focus on Defense Distributed and thegatalog.
2. Investigative Reports and Cases:
• All documents related to investigations or cases conducted by the New York State Police involving ghost guns from January 1, 2019, through the date this request is processed.
• Detailed reports on the outcomes of investigations, including arrests made, charges filed, and any convictions related to ghost gun activities, specifically those linked to Defense Distributed and thegatalog.
3. Policies and Guidelines:
• Copies of policies, guidelines, or procedures implemented by the New York State Police in response to the increased prevalence of ghost guns during the specified period.
• Any directives related to Defense Distributed, thegatalog, and efforts to address the challenges posed by the proliferation of ghost guns.
• Comprehensive information on the training provided to law enforcement officers regarding the identification and handling of ghost guns, considering the involvement of Defense Distributed and thegatalog.
4. Technology and Tools:
• Documentation on any specialized technology or tools employed by the New York State Police for the detection and tracking of ghost guns from January 1, 2019, through the date this request is processed.
• Records detailing partnerships or collaborations with private entities, including Defense Distributed, thegatalog, or other tech companies, for the development or use of tools related to ghost gun prevention.
5. Statistics on Confiscations and Arrests:
• Comprehensive statistics on the confiscations of ghost guns by the New York State Police during the specified period.
• Detailed data on arrests made by the New York State Police in relation to ghost guns, specifying charges filed and outcomes, particularly those involving Defense Distributed and thegatalog.

To reiterate, the New York State Police has a legal obligation under the FOIA to conduct a thorough search for all responsive records. This obligation is supported by case law, including but not limited to:

• National Security Archive v. U.S. Department of Defense (2004):
• This case establishes the principle that agencies must conduct comprehensive searches and cannot rely on overly broad or restrictive interpretations of FOIA exemptions.
• Dow Jones & Co. v. Department of Justice (1986):
• This case underscores the obligation of agencies to make a good-faith effort to search for responsive records and provides guidance on the scope of such searches.

In accordance with these legal precedents, I request that the New York State Police take all necessary measures to ensure a thorough and diligent search for the requested records. Any failure to do so would constitute a violation of FOIA obligations.

Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with 5 U.S.C. § 552(b). If an entire document is exempt, I request a detailed justification, citing specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

Please adhere to your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation, as confirmed in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 150 (1980).

Enclosed is a letter requesting a fee waiver for the processing of this request. I firmly believe that the information I seek is in the public interest, and its disclosure contributes significantly to public understanding of the operations or activities of law enforcement.

If the enclosed waiver is not accepted, and there are any potential charges in excess of $200 associated with fulfilling my request, please inform me in advance.

As stipulated by the FOIA, I look forward to your response within twenty business days (5 U.S.C. § 552(a)(6)(A)(i)).

Thank you for your thorough attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu

Enclosure: Fee Waiver Request Letter

Please be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.