No Retaining Every Gun In a System That Restricts Your Rights Act
- Sponsor
- Rep. Cloud, Michael [R-TX-27]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 20, 2025
Bottom line
The bill aims to prevent the federal government from maintaining a database of firearm transaction records by requiring the destruction of existing records and prohibiting future collection from defunct gun dealers.
What it actually does
This bill mandates the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to destroy all existing firearm transaction records that were collected from discontinued firearms businesses within 90 days of the bill's enactment. Additionally, it amends federal law to prohibit the future collection of such records from federal firearms licensees (FFLs) who cease operations, thereby preventing the federal government from retaining these records going forward.
Proponents argue
Proponents argue that the collection and retention of these records by the federal government constitute a de facto national gun registry, which they believe infringes upon the Second Amendment rights of law-abiding citizens and raises significant privacy concerns. They contend that destroying these records and preventing future collection is essential to protect individual liberties and prevent government overreach.
Opponents contend
Opponents contend that these firearm transaction records are a critical tool for law enforcement agencies, including the ATF, to trace firearms used in crimes, solve cases, and combat illegal gun trafficking. They argue that destroying these records and halting future collection would severely hamper criminal investigations, compromise public safety, and create a permanent blind spot for authorities.
The bill is very short and clear, allowing for quick comprehension of its direct effects and the policy changes it proposes.
Section 2(a)
Mandatory Destruction of Existing Firearm Transaction Records
This provision requires the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to destroy all firearm transaction records that have been delivered to the Attorney General by discontinued firearms businesses. This destruction must occur within 90 days of the bill's enactment, targeting records collected under current law from FFLs that have gone out of business.
Supporters argue
Proponents argue that this destruction is necessary to prevent the federal government from maintaining a de facto national gun registry, which they view as an infringement on Second Amendment rights and a violation of privacy. They assert that these records should not be held by the government.
Critics contend
Opponents contend that these records are crucial for law enforcement to trace firearms used in crimes, solve cold cases, and combat illegal gun trafficking. They argue that destroying them would severely undermine public safety and hinder criminal justice.
Tradeoffs
This provision directly pits individual privacy and Second Amendment concerns against the investigative capabilities of law enforcement and public safety interests. It forces a choice between preventing a perceived federal registry and maintaining a tool for crime solving.
Section 2(b)
Prohibition on Future Collection of Discontinued FFL Records
This section amends title 18, United States Code, specifically section 923(g)(4), by striking the sentences that require federal firearms licensees (FFLs) to deliver their transaction records to the Attorney General when they discontinue business. This change would prevent the ATF from collecting such records from FFLs in the future, ensuring that no new records from defunct businesses are added to federal archives.
Section 3
Report to Congress on Record Destruction
This section requires the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to submit a written report to Congress. The report must specify the exact number of firearm transaction records that were destroyed by the ATF pursuant to Section 2(a) of this Act.