Documents on Ghost Guns and Related Statistics

To Whom It May Concern:

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

Date: December 23, 2023

Bureau of Alcohol, Tobacco, Firearms and Explosives
Office of Public and Governmental Affairs
99 New York Avenue,
Washington, DC 20226

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Documents on Ghost Guns Investigations, Guidelines, and 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) pertaining to the investigation, monitoring, and statistical data related to ghost guns from January 1, 2019, through the date this request is processed, with a specific emphasis on activities related to Defense Distributed and thegatalog.

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

1. Ghost Guns Investigations:
• All documents related to ATF investigations or cases 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.
• Information on collaborations or information sharing with other federal or state agencies regarding ghost gun-related matters, specifically those involving Defense Distributed and thegatalog.
2. Policies and Guidelines:
• Copies of ATF policies, guidelines, or procedures implemented in response to the increased prevalence of ghost guns during the specified period.
• Any directives related to ghost guns, Defense Distributed, thegatalog, and efforts to address the challenges posed by their proliferation.
• Comprehensive information on the training provided to ATF agents regarding the identification and handling of ghost guns, considering the involvement of Defense Distributed and thegatalog.
3. Statistics on Ghost Guns:
• Comprehensive statistics on ghost gun-related activities, including confiscations and arrests, conducted by the ATF from January 1, 2019, through the date this request is processed.
• Data on the number of ghost guns traced by the ATF during the specified period.
• Information on the geographical distribution and patterns of ghost gun incidents, with a specific focus on those associated with Defense Distributed and thegatalog.

To reiterate, the ATF 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 ATF 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 the government.

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.

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,

Jordan Lassiter