PolicyBrief
S. 119
119th CongressJan 16th 2025
No Retaining Every Gun In a System That Restricts Your Rights Act
IN COMMITTEE

This bill mandates the destruction of firearm transaction records from discontinued firearms businesses and eliminates the requirement to submit such records, while also requiring a report to Congress on the number of records destroyed.

James Risch
R

James Risch

Senator

ID

LEGISLATION

ATF Ordered to Destroy Gun Sale Records: The No Retaining Every Gun In a System That Restricts Your Rights Act Explained

The "No Retaining Every Gun In a System That Restricts Your Rights Act"—or NO REGISTRY Act—is pretty straightforward, and pretty alarming: It orders the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to destroy all firearm transaction records from out-of-business gun dealers. It also eliminates the requirement for these dealers to hand over their records to the ATF when they shut down (SEC. 2). Yeah, you read that right—destroy the records.

Unpacking the Gun Records Dumpster Fire

This bill isn't just about spring cleaning at the ATF. It's a fundamental shift in how gun sales records are handled—or, in this case, not handled. Here's the breakdown:

  • Immediate Destruction: Within 90 days of this law passing, the ATF has to trash all the records they have from closed-down gun businesses (SEC. 2(a)).
  • No More Records: Going forward, out-of-business dealers no longer have to submit their sales records to the ATF. This change is baked into federal law by amending 18 U.S.C. 923(g)(4) (SEC. 2(b)).
  • "Trust Us" Report: The ATF has to send Congress a report saying how many records they destroyed (SEC. 3). That's it. No oversight, no verification, just a number.

Real-World Impact: From Gun Shop to Crime Scene—or Not

Imagine a gun store closes down. Under current law, they hand over their sales records to the ATF. These records help law enforcement trace guns used in crimes. Now, picture this bill passes. That same store closes, but their records? Gone. Poof. This isn't just hypothetical:

  • The Mechanic: Say a mechanic buys a firearm legally from a dealer that later closes. If that gun ends up at a crime scene years later, investigators currently can trace it back to the original purchase. This bill breaks that chain.
  • The Online Seller: An online gun retailer shuts down. Normally, their records would go to the ATF, helping track down illegal sales or straw purchases. With this bill? Those records vanish, making it harder to spot shady dealings.

The Bigger, Scarier Picture

This bill fits into a larger trend of deregulation. While some argue it reduces burdens on businesses, the practical effect is a massive reduction in transparency and accountability for gun sales. Currently, these records are a key tool for law enforcement. By destroying them, the bill essentially creates a blind spot in the system.

It’s important to note that the law mandates the destruction of these records, not just allows it. This is not standard procedure. It is a deliberate choice to eliminate information that is currently used for law enforcement purposes.

Challenges and Long-Term Implications

Beyond the immediate impact, there are serious long-term concerns:

  • Lost History: These records aren't just about individual guns; they can reveal patterns of illegal activity. Destroying them means losing that historical data.
  • Future Tracing: As time goes on, more and more guns will fall into this "untraceable" category, making investigations increasingly difficult.

This bill is a big deal, and not in a good way. It directly impacts public safety by removing a critical tool for law enforcement. It's presented as a way to cut red tape, but the real-world cost is much higher.