Law Enforcement Protection and Privacy Act of 2025: Gun Trace Data Pulled from Public View

The Law Enforcement Protection and Privacy Act of 2025 significantly restricts public access to firearms-related information, specifically data held by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It does this by amending the Freedom of Information Act (FOIA) to shield specific datasets from public requests. Let's break down what that means in the real world.

Shielding the Data

This bill directly amends a key part of transparency law – Section 552(b) of Title 5 in the U.S. Code, which is the Freedom of Information Act. It carves out two major exemptions:

1. Firearm Trace System Database: Any information from the ATF's National Trace Center database is now off-limits to FOIA requests. This database tracks the movement of firearms involved in crimes.
2. Licensee Information: Information that licensed gun dealers are required to keep or report under Section 923(g) of Title 18 is also protected. This includes records of gun sales and, crucially, reports on multiple handgun sales and reports related to lost or stolen firearms.

So, what does this mean for a regular person? Imagine a local journalist investigating a spike in gun violence in their city. Previously, they might have used FOIA to request data on firearm traces to identify patterns or sources of illegal guns. Under this bill, that avenue is closed. Or, consider a community group concerned about gun thefts from local stores. They would no longer be able to access information on reported losses or thefts through FOIA.

Penalties and Lawsuits

The bill doesn't just restrict access; it also sets up stiff penalties for unauthorized disclosures. Section 3 lays out fines for state, local, tribal, or even foreign entities that improperly release this "protected information":

• First Violation: $10,000 (or if it's been more than 3 years since their last violation).
• Subsequent Violations: $25,000.

And it gets more interesting. The Attorney General can also block these entities from accessing protected information for a year if they're repeat offenders. They can even take civil action to collect the fines, with each individual piece of protected information disclosed counting as a separate violation (Section 3).

Section 4 creates a "private right of action." This means that licensed gun dealers (those with a license under Section 923 of Title 18) who are harmed by an unauthorized disclosure can sue the agency or entity responsible. They can sue for triple the damages or $25,000 for each unauthorized disclosure of each piece of protected information – whichever is greater. Plus, they can potentially get punitive damages and have their legal fees covered.

The Big Picture

While the bill's stated aim is to protect sensitive law enforcement information (Section 6 defines "protected information" very broadly), the practical effect is a significant reduction in transparency. The bill makes it harder to track firearms used in crimes, potentially hindering efforts to understand and combat gun violence. The penalties and lawsuit provisions are likely to have a chilling effect, making government entities even more cautious about releasing any information related to firearms, even if it's not explicitly prohibited.

It's also worth noting the severability clause (Section 5). This means that if a court throws out one part of the law, the rest of it stays in effect. This is a common feature in legislation, but it's important because it signals an intent to keep as much of the law in place as possible, even if challenged.