Senator Rand Paul is launching an investigation into the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) use of the Federal Bureau of Investigation’s (FBI) Nationwide Instantaneous Felony Background Examine System (NICS).
“This type of backdoor surveillance of Americans—with out due course of or public disclosure—ought to alarm each single one that values the Invoice of Rights,” stated Dr. Paul. “The ATF and FBI don’t have any enterprise creating secret watchlists for law-abiding Individuals in search of to buy firearms. It’s unacceptable, and I intend to get solutions.”
In 2021, AmmoLand Information found via a leak that the ATF was utilizing the FBI’s NICS to observe sure Individuals’ gun purchases. These Individuals weren’t needed for any crime, however the ATF anticipated they may commit against the law sooner or later. Some folks had been monitored as a result of they had been related to teams and folks that the federal government didn’t like. The monitoring interval for the ATF goal is 30, 60, 90, or 180 days.
Lately, it was decided by a Freedom of Data Act Request (FOIA) filed by Gun House owners of America (GOA) that the ATF was utilizing the NICS monitoring program to look at Californian gun homeowners who may buy weapons that violate state regulation. It’s authorized to purchase lengthy weapons out of state, however not all these lengthy weapons are authorized in California, which has a number of the strictest gun legal guidelines within the nation.
This FOIA response was the second equipped to GOA by the ATF. The primary FOIA response was equipped with out redactions. The ATF tried to “claw again” the paperwork after their inadvertent launch. When GOA refused to delete the paperwork, the Bureau filed a restraining order stopping their launch. For the previous few years, the 2 events have battled in courtroom, the place the case floor to a halt.
The letter reads: “Pursuant to a Freedom of Data Act request by Gun House owners of America, the ATF inadvertently launched unredacted paperwork concerning a system monitoring Individuals in search of to train their rights beneath the Second Modification. Upon realizing their error, the ATF initiated an ongoing, yearslong effort to stop the discharge of these paperwork.”
“Based mostly on restricted public info, the NICS Audit Log Overview (Monitoring) system seems to permit ATF brokers to request monitoring of a goal for time frames starting from 30 to 180 days after offering figuring out info and relevant or potential violations of statute. Upon approval, the ATF would obtain alert(s) from the FBI utilizing info in its Nationwide Instantaneous Felony Background Examine System (NICS). The existence of this program, and the ATF’s longstanding push to hide it from the general public, elevate questions on its common use and its potential to infringe on Individuals’ civil liberties.”
BREAKING@SenRandPaul has launched an investigation into the ATF and FBI’s illegal NICS Monitoring Program.
GOA helped uncover that the Biden administration weaponized background checks to spy on gun purchases and help California in imposing “assault weapon” bans. pic.twitter.com/B3aK1vMTx5
— Gun House owners of America (@GunOwners) April 10, 2025
Dr. Paul gave the ATF till 5 PM E.T. on April 24 to reply to his request for the ATF to show over paperwork concerning the secret program. He’s requesting the next info:
Data exhibiting the variety of people for whom ATF is requesting or has requested NICS monitoring, since April 28, 2020.
Data demonstrating the aim(s) for which every particular person has been monitored.
Data discussing the legality of NICS monitoring.
Data demonstrating the variety of people prosecuted on account of being “monitored” by this system.
Data demonstrating any reported illegal or in any other case improper misuse of NICS monitoring by ATF personnel (or contractors of ATF).
The Biden administration secretly monitored law-abiding Individuals for exercising their Second Modification rights. This surveillance program operated for years with out transparency. I’m demanding solutions from the ATF. https://t.co/JE8gdzFeie
— Senator Rand Paul (@SenRandPaul) April 10, 2025
“An activist choose subjected GOA to a ‘gag order’ after the Biden Administration mistakenly gave us info associated to its illegal NICS Monitoring program. ATF and FBI don’t have any enterprise monitoring the gun purchases of Americans. GOA has since discovered that the FBI abused NICS Monitoring to implement California’s ‘assault weapons’ ban. We’re grateful to Chairman Paul and the Senate Homeland Safety Committee for opening an investigation into this egregious violation of Second and Fourth Modification rights.” Stated Aidan Johnston, Director of Federal Affairs, Gun House owners of America.
Gun rights activists hope to get a really feel for the dimensions and scope of the monitoring program via Paul’s request.
About John Crump
Mr. Crump is an NRA teacher and a constitutional activist. John has written about firearms, interviewed folks from all walks of life, and on the Structure. John lives in Northern Virginia together with his spouse and sons, comply with him on X at @crumpyss, or at www.crumpy.com.