Trace system database request
| Tracking # |
2022-00798 |
| Submitted | Jan. 11, 2022 |
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Communications
From: Evan Wyloge
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records from the Firearms Trace System (FTS) database that meet the following criteria.
1. Records (all releasable fields) from the Firearms Trace System database a) entered by any police agency that b) indicate a "hit" or "match" to a FLL theft, where c) the theft address is in Colorado, d) entered into the FTS between 1/1/2012 and the date this FOIA request is processed
2. Records (all releasable fields) from the Firearms Trace System database a) entered by any Colorado police agency that b) indicates a "hit" or "match" to any FLL theft, c) entered into the FTS between 1/1/2012 and the date this FOIA request is processed
This request relies on the 2021 Ninth Circuit Court of Appeals ruling in the lawsuit, The Center for Investigative Reporting v. U.S. Department of Justice, which found that standard database management methods, i.e.: retrieving records from the database in the form of standard database querying techniques, is not the creation of a "new record" and thus required of the Bureau of Alcohol, Tobacco, Firearms and Explosives, when requested from the Firearms Trace System database.
We request records from the FTS database in a machine-readable, digital/electronic format, and that they be sent electronically to save time and money.
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,
Evan Wyloge
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
May 16, 2022 REFER TO: 2022-00798Evan WylogeMuckRock News DEPT MR 123484411A Highland AveSomerville, Massachusetts, 02144VIA EMAIL: 123484-77701135@requests.muckrock.comDear Mr. Wyloge:This responds to your FOIA request dated March 9, 2022, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on the same day, in which you requested records concerning ATF’s Firearms Trace System (FTS). Your request was assigned ATF tracking number 2022-00798. Please refer to this number in any future correspondence. You requested records that meet the following criteria:1. Records (all releasable fields) from the Firearms Trace System database (a) entered by any police agency that (b) indicate a “hit” or “match” to a FLL theft, where (c) the theft address is in Colorado, (d) entered into the FTS between January 1, 2012, and the date this FOIA request is processed 2. Records (all releasable fields) from the Firearms Trace System database (a) entered by any Colorado police agency that (b) indicate a “hit” or “match” to any FLL theft, (c) entered into the FTS between January 1, 2012, and the date this FOIA request is processed.You requested material ATF is required to maintain pursuant to the Gun Control Act (GCA) and/or is information contained in ATF’s FTS database. This information is exempt from disclosure pursuant to Exemption (b)(3) of the FOIA and Public Law 112-55, 125 Stat. 552. Exemption (b)(3) of the FOIA permits the withholding of information prohibited from disclosure by another statute only if one of two disjunctive requirements are met: the statute either (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld. Thus, a statute falls within the exemption’s coverage if it satisfies any one of its disjunctive requirements. Beginning in 2003, Congress placed restrictions on ATF’s disclosure of certain GCA related information. In short, ATF can only provide certain GCA data to a law enforcement agency or a prosecutor solely in connection with a criminal investigation or prosecution. Beginning in Fiscal Year 2006, Congress included a provision within each iteration of the restriction, which effectively made the law permanent. The most recent iteration of these various restrictions was included in ATF’s 2012 Appropriation Bill, Public Law 112-55, 125 Stat. 552. All of the information in the requested records falls within this restriction. Because the Fiscal Year 2006 through 2008 restrictions satisfy all the requirements of FOIA Exemption (b)(3), and the 2012 language is perpetuated from those restrictions, I am withholding the trace data pursuant to 5 U.S.C. § 552 (b)(3) and Public Law 112-55, 125 Stat. 552. 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 Liaison, 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.”Sincerely, Adam C. SipleChiefInformation and Privacy Governance Division
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v.E.1
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 9, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-00798.
Thanks for your help, and let me know if further clarification is needed.
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