Update – December 2007:
Mayors
Against Illegal Guns is pleased that in its omnibus appropriations bill that has
been signed into law, Congress has rejected a more insidious version of the
Tiahrt Amendment that threatened police officers with prison terms for using the
data to map illegal gun trafficking. Also, while the coalition is staunchly
opposed to the anti-police Tiahrt Amendment provisions that remain, we are
pleased that Congress eliminated the Tiahrt Amendment’s geographic restriction
on data requests, clarified that local law enforcement may share the data ATF
provides to them, and gave ATF wider authority to publish summary reports about
trace data. These were all steps in the right direction and changes that
Mayors Against Illegal Guns called for.
Read
Mayors Against Illegal Guns’ December 21, 2007 statement on the improvements to
FY08 version of the Tiahrt Amendment
Read the text of the FY08 Tiahrt
Amendment
Read a
summary of the improvements in the FY08 Tiahrt Amendment
Visit ProtectPolice.org for additional
background
ATF Trace Data Reports: In the wake of
the national campaign of mayors, police, and concerned citizens to get access to
more trace data, ATF began releasing trace data reports that it had withheld in
the years since the Tiahrt Amendment first passed. Click here to
see the ATF reports.
The so-called "Tiahrt Amendment" is an appropriations rider that restricts cities' access to and use of ATF trace data.
These amendments have become increasingly restrictive since Fiscal Year 2003.
Provisions of the FY 2006 Tiahrt Amendment:
- Prevents ATF from publishing reports that use trace
data to analyze the flow of crime guns nationally.
- Limits local governments' access to ATF trace data.
- Prevents law enforcement from accessing trace data
outside its geographic jurisdiction.
- Prevents trace data from being used as evidence in any state license revocation, civil lawsuit, or other administrative proceeding (unless filed by ATF).
Provisions of the FY2005 Tiahrt Amendment:
- Prevented ATF from publishing reports that use trace
data to analyze the flow of crime guns nationally.
- Limited local governments' access to ATF trace data.
- Prevented law enforcement from accessing trace data
outside its geographic jurisdiction.
- Prevented trace data from being subpoenaed or acquired via discovery in any state license revocation, civil lawsuit, or other administrative proceeding (unless filed by ATF).
Provisions of the FY2004 Tiahrt Amendment:
- No federal money could be used to disclose to the
public the contents of ATF's trace database.
- Therefore prevented ATF from publishing reports that use trace data to analyze the flow of crime guns nationally.
Provisions of the FY2003 Tiahrt Amendment:
- Limited ATF's ability to respond to Freedom of Information Act requests.