NSSF Confirms ATF Demand 2 Program is Ending

WASHINGTON, D.C. — NSSF^®, The Firearm Industry Trade Association, has confirmed with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that the Demand 2 Program is ending. That program, begun in February of 2000 during the antigun Clinton administration, required federal firearms licensees (FFLs) that have 25 or more firearms traced back to them subsequent to the recovery at a crime scene and the time from retail sale to trace is three years or less (what ATF calls “time-to-crime”). NSSF has been critical of the misuse of this protected firearm trace data to attempt to “name-and-shame” firearm retailers for crimes in which they had no involvement.

NSSF anticipates ATF will make a formal announcement of the policy’s end soon.

“This is a welcome step forward for firearm retailers who are targeted by gun control politicians and advocates despite the fact that they have done everything according to the letter of the law and regulations,” said Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel. “The ATF is taking real and practical measures to restore trust with the public that is a fair arbiter when it comes to regulating the firearm industry. NSSF is proud that firearm retailers are the frontline of defense to prevent firearms from being possessed by those who should never have them. This action by the ATF underscores the value ATF places in that cooperative relationship.”

Previous “name-and-shame” leaks of the Demand Letter 2 list, which is created using protected firearm trace data, included the Washington, D.C. Metro Police Department. For a short time, D.C. Metro Police became the sole FFL in Washington, D.C., facilitating firearm transfers until private businesses obtained a license to do so. During that short time, D.C. Metro Police was required to report Demand 2 information to the ATF. That’s not because anyone at the D.C. Metro Police Department did anything wrong. It’s because criminals later misused firearms that were legally transferred.

NSSF was vocally critical of the former ATF Director Steve Dettelbach’s abuse of the Demand 2 Program when he shared protected firearm trace data with USA Today and the gun control group Brady United, in violation of the Tiahrt Amendment. That amendment restricts public access to sensitive, law enforcement-only firearm tracing data. This restriction is supported by Congress, ATF and law enforcement groups such as the Fraternal Order of Police (FOP) because it secures sensitive tracing information which would jeopardize ongoing criminal investigations and put the lives of law enforcement officers, cooperating retailers and witnesses at risk.

The ATF explained in their 1998 Crime Gun Trace Analysis Reports, “The appearance of [a licensed dealer] or a first unlicensed purchaser of record in association with a crime gun or in association with multiple crime guns in no way suggests that either the federal firearms licensed dealer (FFL) or the first purchaser has committed criminal acts. Rather, such information may provide a starting point for further and more detailed investigation.”

NSSF supports U.S. Rep. Clay Higgins’ (R-La.) introduction of H.R. 1698, the Law Enforcement Protection and Privacy Act, which would enhance safeguards for protected firearm trace data. This legislation is vital to ensuring firearm trace data, which is protected by federal law, remains safeguarded from misuse that threatens investigations and lives. The bill puts “teeth to the Tiahrt rider,” by providing accountability for individuals who purposefully and unlawfully release this sensitive law enforcement information that is reserved for use in law enforcement investigations.

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About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

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Media contact:
Mark Oliva
202-220-1340

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