WASHINGTON, D.C. — Today, Congressman Andrew Clyde (GA-09) led nearly 30 of his House Republican colleagues in sending a letter Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director Robert Cekada urging the agency to limit the retention of firearm records to 20 years and immediately destroy digitally recorded firearm registration records.

On May 6th, the ATF issued a Notice of Proposed Rulemaking (NPRM) titled “Firearm Records Retention Periods” (RIN 1140-AA95). This NPRM proposes that Form 4473s be retained for either 20 or 30 years by both federal firearms licensees (FFLs) and the ATF — meaning a firearm transaction record could be retained for up to 30 years by the selling FFL and an additional 30 years by the ATF after transfer to the National Tracing Center (NTC), for a potential maximum combined retention period of 60 years.

In response, the lawmakers urge ATF Director Cekada to revise the agency’s proposed rule and destroy any digitized firearm transaction records.

“In our view, the current practice of indefinite retention of firearm transaction records, and even the proposed retention period of up to 60 years, are excessive and risk infringing on the privacy of lawful gun owners. We therefore urge the ATF to revise this NPRM and instead promulgate a rule establishing a 20-year total retention policy, from the date of sale, for the physical, non-digitized firearm transaction records held by FFLs or the ATF and to provide for the immediate destruction of all such records older than 20 years. Furthermore, we urge the ATF to comply with existing law prohibitions on the recording and digitization of such firearm transaction records, and to immediately destroy any recordings of such records already in its possession.”

Rep. Clyde and his colleagues cite the Firearm Owners' Protection Act of 1986 (FOPA) and a critical appropriations rider as explicit legal prohibitions on the ATF's current recordkeeping practices.

“Read together, these two prohibitions permanently preclude the ATF from recording or digitizing any firearms transaction records, regardless of the retention period otherwise applicable to those records. The ATF's digitized records exhibit every characteristic of a registry, containing personally identifying information, physical addresses, and detailed firearm characteristics. Therefore, the ATF's continued recording of such records remains out of compliance with current law.”

The lawmakers further argue that the ATF's proposed rule is vulnerable under the Administrative Procedure Act as “in excess of statutory jurisdiction, authority, or limitations” and note the agency must address the statutory prohibitions raised or face reversal challenges.

“Both statutory prohibitions go directly to the question of whether the ATF has any authority to record or digitize these records at all – an issue the NPRM does not appear to have considered, let alone resolved. Agencies are obligated to respond meaningfully to significant comments raised during notice-and-comment rulemaking, and a final rule that fails to grapple with statutory prohibitions raised in the comment record is vulnerable to reversal on that basis alone. Should the ATF finalize this rule without directly addressing the FOPA and appropriations-rider prohibitions identified in this letter, the final rule would be independently vulnerable to challenge on the ground that the ATF failed to consider an important aspect of the problem before it.”

Additionally, Congressman Clyde and his colleagues sound the alarm on the staggering scale of the ATF's existing digitized records and the grave threat they pose to Americans’ Second Amendment liberties.

“Let us be clear, gun owners should be able to exercise their Second Amendment rights privately and free from federal government infringement. Yet, the ATF's recording and digitizing of out-of-business records jeopardizes Americans' Second Amendment freedoms by giving the government access to extensive records on who owns firearms, where they are located, and what types are owned. We are alarmed by recent reports indicating that the ATF may possess over one billion digitally recorded firearm registration records, and the agency has acknowledged digitizing more than 50 million records annually. Historically, we note that firearm registration has repeatedly served as a precursor to firearm confiscation. Expanding firearm registration poses a serious threat to law-abiding Americans free exercise of their Second Amendment rights going forward.”

In closing, the lawmakers highlight the agency’s positive direction under Director Cekada’s leadership, yet note the need for additional changes to the ATF’s recordkeeping to protect and restore Americans’ Second Amendment rights.

“We remain encouraged by the direction the ATF has taken under your leadership. However, the changes proposed in this NPRM perpetuate an illegal gun registry scheme that jeopardizes the Second Amendment rights of law-abiding Americans. We urge you to adjust course and adopt the suggestions outlined herein, in the interest of advancing and protecting the Second Amendment liberties of all Americans.”

Read the full letter HERE.

Cosigners include (28) Representatives Rick Allen (GA-12), Andy Biggs (AZ-05), Sheri Biggs (SC-03), Lauren Boebert (CO-04), Josh Brecheen (OK-02), Eric Burlison (MO-07), Buddy Carter (GA-01), Ben Cline (VA-06), Michael Cloud (TX-27), Mike Collins (GA-10), Scott DesJarlais (TN-04), Paul Gosar (AZ-09), Morgan Griffith (VA-09), Andy Harris (MD-01), Mark Harris (NC-08), Diana Harshbarger (TN-01), Clay Higgins (LA-03), Brian Jack (GA-03), Barry Loudermilk (GA-11), Rich McCormick (GA-07), Mary Miller (IL-15), Riley Moore (WV-02), Andy Ogles (TN-05), John Rose (TN-06), Chip Roy (TX-21), Austin Scott (GA-08), Keith Self (TX-03), Derrick Van Orden (WI-03).