4437 21e Clarification

K. Braddock filed this request with the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States of America.
Tracking #

2023-00060K

Status
Completed

Communications

From: K. Braddock

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any internal communications or policies regarding question 21e on form 4473, "Firearms Transaction Record," as to what the agency classifies an "unlawful user of [...] [...] marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

K. Braddock

From: Bureau of Alcohol, Tobacco, Firearms and Explosives

10/20/2022 REFER TO: 2023-00060K. BraddockMuckRock News, DEPT MR134961263 Huntington AveBoston, Massachusetts, 02115Dear K. Braddock:This is to acknowledge receipt of your Freedom of Information Act (FOIA) request dated 10/10/2022, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on 10/10/2022, in which you requested records concerning form 4473; question 21e. The records you seek require a search in at least one other office within ATF, and so your request presents “unusual circumstances” under the FOIA. See 5 U.S.C. § 552(a)(6)(B)(iii)(I). Because of these unusual circumstances, we are extending the time limit to respond to your request beyond the ten additional days provided by the statute. We have not completed a search to determine whether there are records within the scope of your request. The time needed to process your request will depend on the complexity of our records search and on the volume and complexity of any records located. For your information, this office assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month, whereas complex requests necessarily take longer. At this time, your request has been assigned to the Simple track. Your request has been placed in chronological order based on the date of receipt and will be handled as quickly as possible when it is assigned for processing. A tracking number has been assigned to your request and is set forth above. Please refer to this number in any future communications regarding this request.Because this Office is not assessing any fees in connection with the processing of your request, there is no need for us to determine whether your request qualifies for a waiver of fees.If you have any questions regarding the status of your request, you may contact our FOIA Public Liaison at 202-648-7390 to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Sincerely,Adam C. SipleChiefInformation & Privacy Governance Division
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
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v.E.1

From: Bureau of Alcohol, Tobacco, Firearms and Explosives

Hi K. Braddock,
You have a new message for the request 2023-00060. Please login to read the message (https://www.securerelease.us/request-details/656a18ac-1e85-4dca-9105-056ba5d53834/3/messages/33d6863d-a81f-4979-946c-0e75a30035dc)
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

From: K. Braddock

The link provided goes to a web portal that does not contain information about this FOIA request and does not provide access to any public releases from the ATF.

From: Bureau of Alcohol, Tobacco, Firearms and Explosives

Hi K. Braddock,
You have a new message for the request 2023-00060. Please login to read the message (https://www.securerelease.us/request-details/656a18ac-1e85-4dca-9105-056ba5d53834/3/messages/82d9f786-5c50-4a1b-ad7c-85cbad53495d)
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

From: Bureau of Alcohol, Tobacco, Firearms and Explosives

09/13/2023 REFER TO: 2023-00060K. BraddockMuckRock News, DEPT MR134961263 Huntington AveBoston, Massachusetts 02115Dear K. Braddock:This responds to your Freedom of Information Act (FOIA)/Privacy Act request dated 10/10/2022, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on the same date, in which you requested records concerning form 4473; question 21e. Your request was assigned ATF tracking number 2023-00060. Please refer to this number in any future correspondence. In response to your request, we processed a total of 97 pages of responsive material. Individual redactions identify the exemption pursuant to which the redacted material has been withheld. Please be advised that we considered the foreseeable harm standard when reviewing records and applying FOIA exemptions.(b)(6) Pursuant to exemption (b)(6), 0 pages have been withheld in full and 90 pages in part.We are withholding third party information, including the names of ATF employees, under FOIA Exemption (b)(6). To disclose personal information about a living individual to a member of the public, we need the written consent from the persons whose information you requested. Without written consent, proof of death, or an overriding public interest, personal information is exempt from disclosure under the FOIA. The FOIA does not require agencies to disclose information that would constitute a clearly unwarranted invasion of the personal privacy of third parties. 5 U.S.C. § 552(b)(6). For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.You may contact our FOIA Public Liaisons, Lynette Carter and Zina Kornegay, at 202-648-7390, for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”Please use the following link to navigate to your documents. This link will only be available for 7 days.To retrieve the records associated with this request use this link Released Documents for Request 2023-00060 or enter https://www.securerelease.us/request-details/656A18AC-1E85-4DCA-9105-056BA5D53834/2 in your browser’s address bar.Please login or create a new user account using the email address associated with your records request: requests@muckrock.com Adam C. Siple Chief Information and Privacy Governance Division (https://www.securerelease.us/request-details/656A18AC-1E85-4DCA-9105-056BA5D53834/2)
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

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