Congressman Clay Higgins (R-LA) has introduced the Law Enforcement Protection and Privacy Act, aiming to strengthen the Tiahrt Amendment and crack down on the unauthorized disclosure of firearm trace data.
This legislation responds to politically motivated leaks that have jeopardized law enforcement operations, firearm retailers, and Second Amendment rights.
We must protect law-abiding citizens from the unlawful disclosure of sensitive firearm trace data.https://t.co/dN3Xk5vNRt
— Rep. Clay Higgins (@RepClayHiggins) February 28, 2025
Why This Bill Matters
The Tiahrt Amendment, first enacted in 2003, restricts public access to firearm trace data collected by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This data, used in criminal investigations, is meant for law enforcement only.
However, under the Biden administration, ATF has been accused of releasing this sensitive information to gun control groups and media outlets, leading to “name-and-shame” campaigns against firearm dealers.
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“The unlawful disclosure of sensitive firearm trace data greatly jeopardizes criminal investigations and puts law-abiding citizens at risk,” said Congressman Higgins.
His bill is designed to hold violators accountable and prevent further misuse.
Key Provisions of the Law Enforcement Protection and Privacy Act
The bill includes strict penalties for leaking firearm trace data and provides firearm dealers with legal recourse if their information is unlawfully shared.
Here’s what the bill does:
- Reinforces Tiahrt Amendment Protections – Ensures that firearm trace data cannot be obtained through Freedom of Information Act (FOIA) requests.
- Introduces Fines for Violations – Sets penalties of $10,000 for a first violation and $25,000 for additional violations.
- Suspends Access for Offenders – Those who unlawfully release trace data lose access to the ATF’s Firearm Tracing System for one year.
- Empowers Firearm Dealers to Sue – Federal firearms licensees (FFLs) can sue government agencies that unlawfully release their data. If they win, they could receive:
- Three times the damages suffered or $25,000 per violation (whichever is greater).
- Punitive damages and attorney’s fees.
- Eliminates Sovereign Immunity – Prevents government agencies from using sovereign immunity as a defense.
Support from 2A and Law Enforcement Groups
The bill has received strong backing from Second Amendment advocacy organizations, including:
- National Shooting Sports Foundation (NSSF)
- National Rifle Association (NRA)
- Gun Owners of America (GOA)
- National Association for Gun Rights
NSSF’s Lawrence G. Keane called the legislation “long overdue”, stating that it will “prevent politically motivated misuse of trace data that harms law-abiding gun dealers and puts law enforcement at risk.”
GOA’s Aidan Johnston emphasized that the bill protects firearm owners’ privacy and prevents federal overreach.
The Fight Against Political Abuse
The Biden administration’s ATF has been accused of leaking firearm trace data to anti-gun groups in violation of federal law. This has led to public campaigns targeting lawful firearm dealers, falsely implying they contribute to crime.
As Higgins’ bill moves forward, gun owners and FFLs should pay close attention. Ensuring that law enforcement data remains secure is not just about protecting investigations—it’s about defending the integrity of the Second Amendment.
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