ATF Fast and Furious records
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U.S. Department Justice Bureau Alcohol, Tobacco, Firearms and Explosives www.atf.gov April 19, 2016 REFER TO: 2016-0354 Mr. Sean Dunagan Senior Investigator Judicial Watch, Inc. 425 3rd Street SW, Suite 800 Washington, 20024-3232 Dear Mr. Dunagan: This further response your Freedom Information Act request dated March 17, 2016 for information firearm recoveries related ATF Operation Fast Furious. response your request, have processed total three pages potentially responsive material, and are releasing these three pages part. Each page this production indicates that each page being released part RIP Individual redactions identify the exemption pursuant which the redacted material has been withheld. The responsive documents contain information that ATF required maintain pursuant the Gun Control Act (GCA) and/or information contained ATF Firearms Trace System database. This information exempt from disclosure pursuant Exemption (b)(3) the FOIA and Public Law 112-55, 125 Stat. 552. Exemption (b)(3) the FOIA permits the withholding information prohibited from disclosure another statute only one two disjunctive requirements are met: the statute either (A) requires that the matters withheld from the public such manner leave discretion the issue, (B) establishes particular criteria for withholding refers particular types matters withheld. Thus, statute falls within the exemptions coverage satisfies any one its disjunctive requirements. Beginning 2003, Congress placed restrictions ATF disclosure certain GCA related information. short, ATF can only provide certain GCA data law enforcement agency prosecutor solely connection with criminal investigation prosecution. Beginning Fiscal Year 2006, Congress included provision within each iteration the restriction, which effectively made the law permanent. -2Mr. Sean Dunagan The most recent iteration these various restrictions was included ATF 2012 Appropriation Bill, Public Law 112-55, 125 Stat. 552. Some the information the requested records falls within this restriction. Since the Fiscal Year 2006 through 2008 restrictions satisfy all the requirements FOIA Exemption (b)(3), and the 2012 language perpetuated from those restrictions, withholding the trace data pursuant U.S.C. 552 (b)(3) and Public Law 112-55, 125 Stat. 552. are also withholding the personal information other individuals mentioned the records you requested under FOIA Exemption (b)(6). disclose personal information about living individuals member the public, need the written consent from the persons whose information you requested. Without written consent, proof death, overriding public interest, personal information exempt from disclosure under the FOIA. The FOIA does not require agencies disclose information that would clearly unwarranted invasion personal privacy U.S.C. 552(b)(6)). are also withholding the personal information other persons mentioned the records you requested under Exemption (b)(7)(C). Exemption (b)(7)(C) permits the withholding information compiled for law enforcement purposes that could reasonably expected constitute unwarranted invasion personal privacy. The public interest disclosure limited the FOIA core purpose shedding light agency performance its statutory duties. The public interest under Exemption (b)(7)(C) must both significant and compelling order overcome the legitimate personal privacy interests third parties. this matter, the disclosure would not serve the core purpose the FOIA, but rather, would serve unwarranted invasion personal privacy U.S.C. 552(b)(7)(C)). you are not satisfied with response this request, you may administratively appeal writing the Director, Office Information Policy (OIP), United States Department Justice, Suite 11050, 1425 New York Avenue, NW, Washington, 20530-0001, you may submit appeal through OIP eFOIA portal http://www.justice.gov/oip/efoia-portal.html. Please note that OIP the process transitioning from its current eFOIA portal the portal FOIAonline. Please visit the link above for instructions for submitting appeal electronically. Your appeal must postmarked electronically transmitted within days the date response your request. you submit your appeal mail, both the letter and the envelope should clearly marked Freedom Information Act Appeal. -3Mr. Sean Dunagan This the first response records related this request. are still reviewing additional responsive documents, and will provide them you rolling basis. you have any questions, please feel free contact Deputy Chief Pete Chisholm (202) 6487382 via email peter.chisholm@atf.gov. Sincerely, Stephanie Boucher Chief, Disclosure Division