Tiahrt Amendment

{{short description|U.S. Department of Justice 2003 appropriations bill provision}}

{{Use American English|date=June 2025}}

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The Tiahrt Amendment ({{IPAc-en|ˈ|t|iː|h|ɑr|t}} {{Respell|TEE|hart}}) is a provision of the U.S. Department of Justice 2003 appropriations bill that prohibits the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from releasing information from its firearms trace database to anyone other than a law enforcement agency or prosecutor in connection with a criminal investigation.{{cite news |last1=Grimaldi |first1=James V. |last2=Horwitz |first2=Sari |date=October 24, 2010 |title=Industry pressure hides gun traces, protects dealers from public scrutiny |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102302996.html |newspaper=The Washington Post |accessdate =July 6, 2014 |archive-url=http://web.archive.org/web/20101104094522/https://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010102302996.html |archive-date=November 4, 2010 |url-status=live}} This precludes gun trace data from being used in academic research of gun use in crime. Additionally, the law blocks any data legally released from being admissible in civil lawsuits against gun sellers or manufacturers.

Some groups, including Mayors Against Illegal Guns, believe that having further access to the ATF database would help municipal police departments track down sellers of illegal guns and curb crime. These groups are trying to repeal the Tiahrt Amendment.{{cite news |last=Knight |first=Heather |date=June 19, 2007 |title=Mayors Fight Gun Measure |url=https://www.sfgate.com/politics/article/SAN-FRANCISCO-Mayors-fight-gun-measure-2585747.php |newspaper=San Francisco Chronicle |accessdate =July 6, 2014 |archive-url=http://web.archive.org/web/20121020192625/https://www.sfgate.com/politics/article/SAN-FRANCISCO-Mayors-fight-gun-measure-2585747.php |archive-date=October 20, 2012 |url-status=live}} Numerous police organizations oppose the Tiahrt Amendment, such as the Major Cities Chiefs Association (which represents the 69 largest police departments in the United States), the International Association of Chiefs of Police (IACP),[http://protectpolice.org/about United Against the Tiahrt Amendment], protectpolice.org the International Brotherhood of Police Officers, the Police Executive Research Forum, the Police Foundation, the chiefs of police of nearly every major city in California, and others.{{cite news|title=Gun Bill Urges Congress To Repeal Tiahrt Amendment|url=http://www.10news.com/news/gun-bill-urges-congress-to-repeal-tiahrt-amendment|accessdate=27 June 2016|publisher=ABC 10: KGTV San Diego|date=12 June 2007}} On the other hand, it is supported by the Fraternal Order of Police, which says it is "concern[ed] for the safety of law enforcement officers and the integrity of law enforcement investigations. For example, the disclosure of trace requests can inadvertently reveal the names of undercover officers or informants, endangering their safety. It may also tip off the target of an investigation."{{cite web|last1=Canterbury|first1=Chuck|title=Letter to Appropriations Subcommittee in support of Tiahrt Amendment|url=https://www.fop.net/NewsArticle.aspx?news_article_id=411|accessdate=27 June 2016|date=16 April 2007|archive-url=http://web.archive.org/web/20160811163051/https://www.fop.net/NewsArticle.aspx?news_article_id=411|archive-date=11 August 2016|url-status=dead}} The Tiahrt Amendment is also supported by the National Rifle Association of America (NRA), which says that undoing the Tiahrt Amendment would lead to a rash of lawsuits against gun dealers.

History

The Tiahrt Amendment was first added by Todd Tiahrt (R-KS, after whom it is named) to the 2003 federal appropriations bill. It was signed into the law as part of this bill on February 20, 2003. It was subsequently broadened in October 2003 with the addition of two provisions banning the ATF from requiring gun dealers to inspect their firearm inventories and requiring the FBI to destroy background check data within 24 hours. In 2004, it was altered again, this time to limit access to gun trace data by government officials, and to ban the use of such data in firearms license revocations or civil lawsuits.{{Cite journal |last1=Webster |first1=Daniel W. |last2=Vernick |first2=Jon S. |last3=Bulzacchelli |first3=Maria T. |last4=Vittes |first4=Katherine A. |date=2012-02-01 |title=Temporal Association between Federal Gun Laws and the Diversion of Guns to Criminals in Milwaukee |journal=Journal of Urban Health |language=en |volume=89 |issue=1 |pages=87–97 |doi=10.1007/s11524-011-9639-5 |pmid=22218834 |issn=1099-3460|pmc=3284599 }}

In 2008, the language was altered further, to explicitly allow ATF to publish information about statistical trends in the manufacture, import, export, sales, and criminal use of firearms.{{cite web |author1=William J. Krouse |title=Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports |url=https://sgp.fas.org/crs/misc/RS22458.pdf |publisher=Congressional Research Service |archive-url=http://web.archive.org/web/20210911114353/https://sgp.fas.org/crs/misc/RS22458.pdf |archive-date=September 11, 2021 |page=1 |language=en-us |date=May 27, 2009 |url-status=live}}

ATF can also share some gun-trace data, individually or in bulk, with some law-enforcement agencies outside ATF.{{Cite web|url=https://giffords.org/lawcenter/gun-laws/policy-areas/other-laws-policies/tiahrt-amendments/|title = Tiahrt Amendments}}

See also

References

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Further reading

  • {{Cite web |url=https://giffords.org/lawcenter/gun-laws/policy-areas/other-laws-policies/tiahrt-amendments/ |title=Tiahrt Amendments |author= |date=May 21, 2012 |publisher=Giffords Law Center |access-date=July 7, 2014}}
  • {{Cite web |url=https://www.nraila.org/articles/20130115/the-tiahrt-amendment-on-firearms-traces-protecting-gun-owners-privacy-and-law-enforcement-safety |title=The 'Tiahrt Amendment' on Firearms Traces: Protecting Gun Owners' Privacy and Law Enforcement Safety |author= |date=January 15, 2013 |publisher=National Rifle Association of America Institute for Legislative Action |access-date=July 7, 2014}}