The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has changed its policy on monitoring the Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS).
AmmoLand News first reported the ATF using a NICS monitoring system in 2021 after learning about the system through an inside source. The ATF would use NICS to monitor Americans buying guns. Data in NICS is supposed to be deleted within 24 hours, but the ATF requested that all data be saved for 30, 60, 90, or 180 days. The targets being monitored were not being charged with any crime. The ATF was tracking people who they felt “might” commit a crime in the future or associated with the “wrong” people.
The monitoring outraged many in the gun community who felt that the ATF and FBI were creating a “pre-crime” program. Gun Owners of America (GOA) filed a Freedom of Information Act (FOIA) request to show the use of the system. It turned out that the system was in widespread use and not only for those who “might” commit a federal crime. The ATF was monitoring people who might break California state law by purchasing a long gun that wasn’t legal within the Golden State.
The new policy should prevent some of those violations. Any new monitoring must be approved by the ATF Special Agents in Charge (SACs) and the Deputy Assistant Director (DAD). This change prevents rogue agents from using the system for their own needs. Also, the system may now only be utilized in cases involving suspected violations of federal firearm statutes. This new policy prevents ATF agents from monitoring suspects for states such as California.
The memo reads: “Effective immediately, Special Agents in Charge (SACs) approval and Deputy Assistant Director (DAD) concurrence is now mandatory for all NICS alerts. NICS alerts may only be utilized in cases involving suspected violations of federal firearm statutes. See 28 C.F.R. Part 25. This investigative technique should not be utilized to primarily investigate state firearm laws. A formal memo for approval will be utilized which will require the following information: Field Management Staff (FMS) will also monitor all requests.”
The FMS will notify the SAC and requester of upcoming expirations. This monitoring of expiration dates ensures that the flags are removed at the end of the monitoring. Sources tell AmmoLand News that there have been times when a flag is not removed and left in place. This oversight wasn’t done in malice; it was due to procedures not being followed. The new policy should change that.
The memo reads: “FMS will monitor all NICS flags and notify the SAC and requestor of upcoming expirations. Renewal of the NICS alert requires SAC concurrence and DAD approval. This process will also be documented in a formal memo and processed through FMS. Instructions regarding the maintenance and purging of NICS alert information will be provided by FMS. Any current NICS alert may only be renewed utilizing this process.”
A flag can be renewed, but only for six months. After that time period has expired, any extensions must be approved by the ATF Deputy Director and the Chief Legal Counsel. The idea is to prevent the abuse of the problematic NICS monitoring system. New ATF Deputy Chief Robert Cekada signed the letter.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
