No Retaining Every Gun In a System That Restricts Your Rights Act
- Sponsor
- Sen. Risch, James E. [R-ID]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 16, 2025
Bottom line
This bill aims to prevent the federal government from maintaining a centralized database of firearm ownership by requiring the destruction of existing records from defunct Federal Firearms Licensees (FFLs) and prohibiting future collection.
What it actually does
This bill mandates the destruction of all firearm transaction records that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has collected from discontinued firearms businesses. Furthermore, it amends existing law to prohibit the ATF from collecting such records from businesses that cease operations in the future, effectively preventing the federal government from maintaining a centralized database of these transactions.
Proponents argue
Proponents argue this bill protects Second Amendment rights and individual privacy by preventing the federal government from creating a de facto national firearm registry. They contend that retaining these records constitutes an overreach of government power and could potentially be used for confiscation efforts, thus undermining constitutional liberties.
Opponents contend
Opponents would likely argue that these records are crucial for law enforcement investigations, particularly in tracing firearms used in crimes, and that their destruction would severely hinder efforts to combat gun violence. They might also assert that these records are a necessary tool for public safety, not a registry, and their elimination would compromise criminal investigations.
The bill text is extremely short and straightforward, making it very accessible for any reader to understand its provisions quickly.
Section 2(a)
Mandate to Destroy Existing ATF Firearm Transaction Records
This section 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 under existing law. This destruction must occur within 90 days of the bill's enactment, aiming to eliminate the federal government's current archive of these records.
Supporters argue
Supporters argue that these records constitute an illegal or unconstitutional de facto registry of firearm owners, and their destruction is essential to protect Second Amendment rights and privacy from potential government overreach.
Critics contend
Critics would contend that these records are vital for law enforcement to trace firearms used in crimes, solve cases, and prevent future violence, and their destruction would severely hamper public safety efforts.
Tradeoffs
This provision balances individual privacy and Second Amendment concerns against law enforcement's ability to investigate crimes involving firearms.
Section 2(b)
Prohibition on Future Federal Collection of Discontinued FFL Records
This section amends current law (18 U.S.C. 923(g)(4)) by striking the sentences that require Federal Firearms Licensees (FFLs) who discontinue business to deliver their transaction records to the Attorney General. This change prevents the federal government from collecting such records in the future, ensuring that new records from defunct businesses will not be added to federal databases.
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. This report must specify the total number of firearm transaction records that were destroyed under Section 2(a) of the Act, providing an accountability mechanism for the mandated destruction.