ATF Denies Being an Agency to Avoid FOIA Compliance Requirements | Homestead Security | Forums

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A legal response filed by the Bureau of Alcohol, Tobacco, Firearms and Explosives claims a Freedom of Information Act-related complaint improperly targets them. “The ATF is not an ‘agency’ within the meaning of the F.O.I.A., 5 U.S.C. § 552 (f) (1), and is, therefore, not a proper party defendant,” the response claims . . .

The complaint, filed June 23 in the United States District Court for the District of Columbia, seeks an order to compel the Bureau of Alcohol, Tobacco, Firearms and Explosives to comply with a Freedom of Information Act request filed in March and ignored in violation of federal law. The FOIA sought copies of policies and rulings relied on in enforcement and determination actions.

The complaint was filed by Tucson attorney David T. Hardy. Plaintiffs include this correspondent, firearms designer and president of Historic Arms, LLC, Len Savage, and the FFL Defense Research Center. The information, as noted in the announcement of the lawsuit, is being sought to ensure consistency in rulings, policies and compliance enforcement.

“Ok, I’ll bite,” Savage responded upon learning of the government’s defense argument. “If, as they claim, they are not an agency under Title 5 FOIA, then why do they have a disclosure division? How is an FFL supposed to comply with ATF policy that is kept secret? Perhaps that’s the point, to not be able to comply?”

Indeed, if it is not an “agency,” why does ATF claim it is one in its fiscal 2016 Congressional budget submission?

“Established as an independent Bureau in 1972, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the Federal agency charged with enforcing the Gun Control Act (GCA) and the National Firearms Act (NFA),” ATF asserts in its overview/introduction. “ATF’s FY 2016 budget request … is focused on providing … the core resources necessary to advance the agency’s mission to reduce violent crime.”

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