FOIA Shows NICS Being Used to “Monitor” Legal Gun Owners in California

Two Year Battle for Documents on ATF Chief Ends in 318 Redacted Pages IMG ATFHQ Instagram
Gun Owners of America FOIA Shows NICS Being Used to Monitor Gun Owners in California IMG ATFHQ Instagram

In April of 2021, AmmoLand News discovered through a leak a secret government program that monitors firearms purchases using the Federal Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS). Once the article was published, Gun Owners of America (GOA) filed multiple Freedom of Information Act (FOIA) requests to determine the extent of the program.

Now, according to a Zero Hedge article, it has been discovered that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has been using the system to monitor Americans from California to see if they are violating state law with their gun purchases.

Information obtained during an FBI background check when buying a gun is supposed to be deleted after 24 hours, but when a NICS monitoring request is approved, the FBI doesn’t delete the information and passes it onto the ATF. The people the ATF is monitoring are not prohibited from owning firearms. In many cases, they are not even suspected of committing crimes. The ATF monitored people for their associations and the feeling that the target might commit a crime in the future. The NICS monitoring program was open to all ATF agents and departments that wanted to monitor someone.

The subjects of the surveillance were never notified by either the ATF or FBI.

The ATF’s NICS Business and Liaison Unit would send batches of monitoring requests to an FBI’s NICS Alert Services (NAS) team member. That team member would enter the targets of the ATF investigations into the system for monitoring. The ATF would then get an alert from the FBI every time the subject of the surveillance purchases and transfers a firearm. The FBI calls the system “Sentinel.” Some activists compare the program to the ‘Pre-crime” system in the movie “Minority Report.”

The ATF would provide the FBI with the target’s name, date of birth, gender, race, social security number, FBI number, state record number, state of residence, and place of birth. The requesting special agent could choose a monitoring time frame of 30, 60, 90, or 180 days. The ATF must say what potential crime the person is expected to be involved in or connected to. The special agent must list why they believe the person should be monitored.

One of the reasons given for monitoring an individual’s gun purchase is that an ATF agent out of Chicago thought he might take the firearm back to California, where it is prohibited for being an “assault weapon.” The Bureau is responsible for enforcing federal law, but this unnamed ATF agent seems to be using his power to help the Golden State enforce its gun laws, which exceed the power of the ATF.

The reason for monitoring is listed as: “MFG/SELL/TRANS/ETC ASSAULT WPN (30600(A) PC), STATE OFFENSE CODE 52509, FELONY 2; ILL POSS ANY ASSAULT WEAPON (30605(A) PC), STATE OFFENSE CODE 52510. FELONY.”

Other times the ATF monitored people who “might” buy a gun to riot. One instance highlighted the ATF monitoring a man that the Bureau feared might be buying guns to use during the riots of the summer of 2020. The target purchased a shotgun, which the ATF used as the reason for the monitoring of all his future firearm purchases. Using a lawful purchase to justify monitoring someone’s constitutionally protected activity is disturbing to many in the gun community.

The ATF also monitors people who spend more on guns than the Bureau thinks they should. The Bureau would monitor someone who spends beyond their means on firearms. Yet, people often spend beyond their means on other things, such as cars. The ATF doesn’t provide the percentage of a person’s income it considers to be excessive, but the fact is that many Americans live beyond their means and that is one of the reasons many struggle with debt. It might be more logical to assume that someone is not good with money before jumping to the conclusion that they are involved in something illicit.

Another gentleman was monitored because he “had a habit” of buying guns to tinker with them. When he was finished tinkering, he would sell them. This is a perfectly legal hobby, but the ATF believed that such activity required additional scrutiny. What the man did to warrant monitoring is something that a lot of the gun world could be targeted for. Many gun owners buy guns to shoot at the range and experiment with. Once they get their feel of the firearm they sell it and purchase a new one. Far from being the exception, this is common in the Second Amendment community. It might be time for Kash Patel to step in and end the practice of NICS monitoring because of situations like these.

Abuses of the system is rampant, but if the ATF is helping states enforce gun laws, it would be another overreach by an agency with a long history of overstepping its power. The NICS monitoring program is only supposed to be used for official ATF use. By doing the bidding of anti-gun states, the ATF is demonstrating that it can’t be trusted to use the program responsibly. It gives gun rights activists one more reason to push Congress to defund, defang, and eventually disband the ATF.


About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.

John Crump

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hippybiker

George Orwell was an optimist!

Montana454Casull

Private sales keep these clowns out of the loop and reduce their criminal activity and paper work. 2 birds one stone ! .

Nick2.0

Anyone with a brain could’ve seen what the 4473 and NICS would turn into to… Government lists. And government lists always lead to the same thing… Genocide.

Matt in Oklahoma

Hardly anything new. We’ve known it for decades.

swmft

problem is they are all violating federal law and constitution , even if you say 1968 rule is constitutional making and keeping records is illegal under the law which makes all atf and fbi criminals…therein is the rub and why in the long run this will turn into a shooting war, just like first one people against goobers, if government is not kept in check they will seek more and more power..the old adage power corrupts is as true now as it was when coined thousands of years ago

MP71

It’s hardly surprising that 3 letter bureaucracies are spying in us, but in the case of Kommiefornia’s residents it seems really superfluous. Federal law already requires that a dealer selling a gun to a resident of another state must do so in accordance with that state’s laws. These days very few FFL’s are going to willfully federal law just to make a sale. On a practical level, the dealer doesn’t want the hassle of having to take a non compliant gun back into inventory along with worrying that it will be stolen in transit. Most retailers won’t ship completed AR… Read more »

PMinFl

…and this only happened in California?

NDevr2Persevere

I get it that the FBI needs a lot of attention to clean out the deep staters but Director Patel Needs to tell us what is happening at ATF to clean up that clusterfuck of anti-2A employees!! I have not seen much. But I have been putting in extra hours at work lately. Clean out the ATF soon or we the people will be screaming at them to make good on the promises made by our President and during their nominations process testimonies!!!

Monkey Mouse

Yes, there will always be a few bad apples and straw purchasers. But it appears that the real gun trafficking lies with liberal politicians that have political cover – remember that one congressman from CA that got nailed selling guns to cartels a few years ago? Remember fast & furious under Obama, how about the tens of thousands of small arms sent to Ukraine that never ended up on the front lines and were sold on the black market to gangs and criminal syndicates all over the world? Dems got billions of crypto kickbacks as a result. Meanwhile, pissing off… Read more »

Jerry C.

No warrant, no “data sharing”. Put the bastards involved into a deep, dark hole & leave ’em there!