Senator Rand Paul Initiates Investigation Into NICS Monitoring Practices

United States Senator Rand Paul has announced a formal investigation concentrating on the actions of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concerning their employment of the Federal Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS) for monitoring individuals’ firearm purchases.

“This kind of backdoor surveillance of American citizens—without due process or public disclosure—should alarm every single person who values the Bill of Rights,” asserted Senator Paul. “The ATF and FBI have no business creating secret watchlists for law-abiding Americans seeking to purchase firearms. It’s unacceptable, and I intend to get answers.”

Background on NICS Monitoring

In a major 2021 revelation by AmmoLand News, it was disclosed that the ATF had been utilizing the FBI’s NICS to surveil certain American gun purchasers who were not criminal suspects but were deemed potential future offenders. This surveillance included individuals connected with groups disfavored by the government. The monitoring durations ranged from 30 to 180 days.

Recent Developments via FOIA Request

A recent Freedom of Information Act (FOIA) request filed by Gun Owners of America (GOA) has uncovered that the ATF employed the NICS monitoring framework to oversee gun owners in California who might be purchasing firearms prohibited under state legislation. Notably, while the purchase of long guns out of state is permissible, not all such firearms are legal in California, which is known for its stringent gun laws.

This FOIA disclosure marked the second report provided to GOA by the ATF, which was initially delivered without redactions. After realizing their mistake, the ATF sought to retract the documents, leading to a court dispute over their release.

The correspondence mentions: “Pursuant to a Freedom of Information Act request by Gun Owners of America, the ATF inadvertently released unredacted documents regarding a system monitoring Americans seeking to exercise their rights under the Second Amendment. Upon realizing their error, the ATF initiated an ongoing, years-long effort to prevent the release of those documents.”

“The NICS Audit Log Review (Monitoring) system permits ATF agents to request monitoring of a target for periods from 30 to 180 days after supplying identifying information along with alleged or potential statutory violations.”

Senator Paul’s Demands for Information

Senator Paul has set a deadline of April 24 at 5 PM E.T. for the ATF to furnish the requested documents about this secretive program. His demands include:

• The number of individuals monitored via NICS since April 28, 2020.
• The purpose of these monitoring actions for each individual.
• The legal framework supporting NICS monitoring.
• The number of individuals prosecuted following their monitoring.
• Reports of any unlawful application of NICS monitoring by ATF personnel or contractors.

“The Biden administration secretly monitored law-abiding Americans for exercising their Second Amendment rights. This surveillance program operated for years without transparency. I’m demanding answers from the ATF,” tweeted Senator Rand Paul.

Reactions from Gun Rights Advocates

Gun rights proponents are optimistic that Senator Paul’s investigation will illuminate the extent and ramifications of the ATF’s monitoring program. Aidan Johnston, Director of Federal Affairs at Gun Owners of America, expressed gratitude to the senator, stating:

“An activist judge subjected GOA to a ‘gag order’ after the Biden Administration mistakenly provided us information related to its unlawful NICS Monitoring program. ATF and FBI have no business monitoring the gun purchases of American citizens.”

As this investigation unfolds, stakeholders from various perspectives are closely monitoring developments surrounding this contentious issue involving gun rights and civil liberties.

About the Author

John Crump is an NRA instructor and constitutional activist who has written extensively on firearms and constitutional rights. He resides in Northern Virginia with his family. Follow him on X at @crumpyss.