Everytown Law Wins Major Gun Safety FOIA Ruling in Everytown v. ATF

March 15, 2018

NEW YORK – In March 2018, Everytown for Gun Safety Support Fund sued the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) over ATF’s failure to produce certain firearms tracing data sought under the Freedom of Information Act (“FOIA”). The lawsuit, filed in the U.S. District Court for the Southern District of New York, focuses on aggregate statistical data concerning firearms traced by ATF after recovery from scenes of suicide or attempted suicide. Researchers at Everytown have sought this data to study America’s growing suicide-related public health crisis, to educate the public about the relationship between gun laws and suicide risk, and to improve policymaking. Everytown is represented by attorneys from its litigation arm, Everytown Law, and Newark-based Gibbons P.C.

In its FOIA denial and subsequent motion for summary judgment, ATF has opposed Everytown’s FOIA request, citing a 2012 appropriations law called the “Tiahrt Rider” which restricts ATF’s use of appropriated funds to disclose portions of its firearms trace system database. However, the Tiahrt Rider also contains a number of exceptions, including one—identified in Everytown’s opposition and cross-motion for summary judgment—which allows ATF to disclose “statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations.” Everytown also argues that the text of the Tiahrt Rider is insufficient to bar disclosure under FOIA, as amended by the Open FOIA Act of 2009.

On August 19th, 2019 the district court granted Everytown’s Motion for Summary Judgment, ordering the ATF to produce the requested data. The ruling, coming from the U.S. District Court for the Southern District of New York, breaks new ground as the only federal court decision to hold that the Tiahrt Rider, a Congressional appropriations law backed by the NRA, cannot be used by the ATF to withhold data on gun violence under federal FOIA requests.

Complaint (March 15, 2018)  

ATF’s Memo of Law in Support of Its Motion for Summary Judgment (September 28, 2018)  

Declaration of Charles J. Houser in Support of Defendant’s Motion for Summary Judgment (September 28, 2018)  

Everytown’s Memorandum of Law in Support of Its Cross-Motion for Summary Judgment (November 2, 2018)  

ATF’s Reply Memorandum (November 16, 2018)  

Supplemental Declaration of Charles J. Houser (November 16, 2018)  

Everytown’s Memorandum in Further Support of Its Cross Motion for Summary Judgment (December 18, 2018)  

Order and Opinion (August 19, 2019)