Mayors Against Illegal Guns
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Tiahrt Legislative History

  • February 13, 2003: House adopts FY03 appropriations bill including the first restriction on access to trace data:
    • Trace data: Limited ATF's ability to respond to Freedom of Information Act requests
      • This provision remains binding indefinitely unless superseded

  • July 16, 2003: House Appropriations Committee votes 31-30 to accept Rep. Tiahrt's amendment to the FY04 appropriations bill, expanding restrictions on trace data and adding two other Tiahrt Amendments:
    • Trace data: Restrictions are expanded by prohibiting the use of federal money to disclose the trace database to the public.
      • This change prevented ATF from publishing reports that use trace data to analyze the flow of crime guns nationally.
    • Inventory requirements: ATF cannot require dealers to physically check their inventory against their records.
    • Destruction of NICS data: Records of background checks must be destroyed within 24 hours if the buyer was approved ("green light").

  • June 23, 2004: House Appropriations Committee votes 42-19 to accept Rep. Tiahrt's amendment to the FY05 appropriations bill, expanding restrictions on trace data:
    • Trace data: Restrictions are expanded in several ways:
      • Access to trace data is limited for the public and local governments.
      • Law enforcement cannot access trace data outside its geographic jurisdiction.
      • Trace data cannot be subpoenaed for any state license revocation, civil lawsuit, or other administrative proceeding (unless filed by ATF).
      • This provision remains binding indefinitely unless superseded.
    • Inventory requirements: FY04 provision repeated.
    • Destruction of NICS data: FY04 provision repeated.

  • November 3, 2005: Conference committee meeting behind closed doors on the FY06 appropriations bill expands Tiahrt provisions:
    • Trace data: Restrictions are expanded by barring use of trace data as evidence:
      • Access to trace data is limited for the public and local governments.
      • Law enforcement cannot access trace data outside its geographic jurisdiction.
      • Trace data cannot be used as evidence or subpoenaed for any state license revocation, civil lawsuit, or other administrative proceeding (unless filed by ATF).
      • This provision remains binding indefinitely unless superseded.
    • Inventory requirements: FY04 provision repeated.
    • Destruction of NICS data: FY04 provision repeated.

  • September 29, 2006: Congress adopts FY07 continuing resolution, which maintains the FY06 restrictions.

  • December 17, 2007: Congress adopts FY08 appropriations bill with relaxations of Tiahrt provisions on trace data:
    • Trace data: Restrictions are relaxed:
      • Specific language allows ATF to publicly release statistical reports.
      • Specific language allows law enforcement agencies to share trace data with each other once they have it.
      • Other restrictions are unchanged.
      • This provision remains binding indefinitely unless superseded.
    • Inventory requirements: FY04 provision repeated.
    • Destruction of NICS data: FY04 provision repeated.

  • September 30, 2008: Congress adopts FY09 continuing resolution, which maintains the FY08 restrictions.

  • May 7, 2009: President Obama proposes FY10 budget that removes restrictions on law enforcement access to crime gun trace data:
    • Trace data: The restriction that limits state and local law enforcement agencies to accessing data only in connection with individual crimes is removed, though restrictions on use of trace data are retained.
      • Law enforcement agencies can access trace information to search for criminal networks and patterns in gun trafficking.
      • Trace data still cannot be used as evidence or subpoenaed for any state license revocation, civil lawsuit, or other administrative proceeding (unless filed by ATF).
      • This provision remains binding indefinitely unless superseded.
    • Inventory requirements: FY04 provision repeated.
    • Destruction of NICS data: FY04 provision repeated.

  • October 8, 2009: Congress approves FY10 appropriations bill, which accepts the Obama Administration modifications.

  • December 18, 2009: President Obama signs FY10 appropriations bill into law
Campaign Alert
Why is Congress protecting criminals instead of cops?

See the Mayors Against Illegal Guns Protect Police media campaign about access to gun trace data.

Patricia Tucker video

Patricia Tucker's husband, Mark, was an investigator in the Wake County, North Carolina Sheriff's office who was shot and killed by a convicted felon with an illegal gun.

Visit the site. Watch the video. Get the facts.

Supporting Editorials
Editorial boards across the country are united against the Tiahrt Amendment.
Read what they are saying about law enforcement access to gun trace data
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