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- 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- This provision remains binding indefinitely unless superseded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- This provision remains binding indefinitely unless superseded.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- This provision remains binding indefinitely unless superseded.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
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