Senator Rand Paul is launching an investigation into the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) use of the Federal Bureau of Investigation’s (FBI) National Instant Criminal Background Check System (NICS).
“This kind of backdoor surveillance of American citizens—without due process or public disclosure—should alarm every single person who values the Bill of Rights,” said Dr. Paul. “The ATF and FBI have no business creating secret watchlists for law-abiding Americans seeking to purchase firearms. It’s unacceptable, and I intend to get answers.”
In 2021, AmmoLand News discovered through a leak that the ATF was using the FBI’s NICS to monitor certain Americans’ gun purchases. These Americans were not wanted for any crime, but the ATF expected they might commit a crime in the future. Some people were monitored because they were associated with groups and people that the government didn’t like. The monitoring period for the ATF target is 30, 60, 90, or 180 days.
Recently, it was determined by a Freedom of Information Act Request (FOIA) filed by Gun Owners of America (GOA) that the ATF was using the NICS monitoring program to watch Californian gun owners who might purchase guns that violate state law. It is legal to buy long guns out of state, but not all those long guns are legal in California, which has some of the strictest gun laws in the country.
This FOIA response was the second supplied to GOA by the ATF. The first FOIA response was supplied without redactions. The ATF tried to “claw back” the documents after their inadvertent release. When GOA refused to delete the documents, the Bureau filed a restraining order preventing their release. For the last few years, the two parties have battled in court, where the case ground to a halt.
The letter reads: “Pursuant to a Freedom of Information Act request by Gun Owners of America, the ATF inadvertently released unredacted documents regarding a system monitoring Americans seeking to exercise their rights under the Second Amendment. Upon realizing their error, the ATF initiated an ongoing, yearslong effort to prevent the release of those documents.”
“Based on limited public information, the NICS Audit Log Review (Monitoring) system appears to allow ATF agents to request monitoring of a target for time frames ranging from 30 to 180 days after providing identifying information and applicable or potential violations of statute. Upon approval, the ATF would receive alert(s) from the FBI using information in its National Instant Criminal Background Check System (NICS). The existence of this program, and the ATF’s longstanding push to conceal it from the public, raise questions about its general use and its potential to infringe on Americans’ civil liberties.”
BREAKING@SenRandPaul has launched an investigation into the ATF and FBI’s unlawful NICS Monitoring Program.
GOA helped uncover that the Biden administration weaponized background checks to spy on gun purchases and assist California in enforcing “assault weapon” bans. pic.twitter.com/B3aK1vMTx5
— Gun Owners of America (@GunOwners) April 10, 2025
Dr. Paul gave the ATF until 5 PM E.T. on April 24 to respond to his request for the ATF to turn over documents about the secret program. He is requesting the following information:
- Records showing the number of individuals for whom ATF is requesting or has requested NICS monitoring, since April 28, 2020.
- Records demonstrating the purpose(s) for which each individual has been monitored.
- Records discussing the legality of NICS monitoring.
- Records demonstrating the number of individuals prosecuted as a result of being “monitored” by the program.
- Records demonstrating any reported unlawful or otherwise improper misuse of NICS monitoring by ATF personnel (or contractors of ATF).
The Biden administration secretly monitored law-abiding Americans for exercising their Second Amendment rights. This surveillance program operated for years without transparency. I’m demanding answers from the ATF. https://t.co/JE8gdzFeie
— Senator Rand Paul (@SenRandPaul) April 10, 2025
“An activist judge subjected GOA to a ‘gag order’ after the Biden Administration mistakenly gave us information related to its unlawful NICS Monitoring program. ATF and FBI have no business monitoring the gun purchases of American citizens. GOA has since learned that the FBI abused NICS Monitoring to enforce California’s ‘assault weapons’ ban. We are thankful to Chairman Paul and the Senate Homeland Security Committee for opening an investigation into this egregious violation of Second and Fourth Amendment rights.” Said Aidan Johnston, Director of Federal Affairs, Gun Owners of America.
Gun rights activists hope to get a feel for the size and scope of the monitoring program through Paul’s request.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
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