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Everytown v. ATF

Court of Appeals for the Second Circuit · No. 19-3438

Decided

👍Favorable to gun rights

FOIA case, not a Second Amendment ruling; kept ATF trace data out of public disclosure and went against the gun-control organization seeking it

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

Everytown for Gun Safety sought data from ATF's Firearms Trace System under FOIA, and the district court ordered disclosure on the theory that the 2012 Tiahrt Rider could not serve as a FOIA Exemption 3 statute because it did not specifically cite that exemption as required by the OPEN FOIA Act of 2009. The Second Circuit reversed and remanded with instructions to enter judgment for ATF, holding that an earlier statute cannot prevent a later one from taking effect and that the 2012 rider, which carried forward language courts had long read to bar disclosure, exempts trace data from FOIA.

Summarized from the court's opinion.

What this case is about

FOIA disclosure of data from ATF's Firearms Trace System

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.