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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