01-2167 City of Chicago v. ATF

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“ATF’s arguments that the premature release of this data might interfere with investigations, threaten the safety of law enforcement officers, result in the intimidation of witnesses, or inform a criminal that law enforcement is on his trail are based solely on speculation. Nothing the agency submitted is based on an actual pending or reasonably anticipated enforcement proceeding. Under the ATF’s suggested approach, all investigative records would be within the scope of Exemption 7(A) and the limitation that the records be reasonably ‘expected to interfere with law enforcement proceedings’ would be meaningless. This result contradicts the congressional intent in fashioning FOIA and its exemptions.”

“[T]he City seeks records pertaining to gun buyers and sellers. It is well- established that one does not possess any privacy interest in the purchase of a firearm. See, e.g., Ctr. to Prevent Handgun Violence v. United States Dept. of Treasury, 981 F.Supp. 20, 23 (D.D.C. 1997). Firearms manufacturers, dealers and purchasers are on notice that records of their transactions are not confidential and are subject to regulatory inspection. United States v. Biswell, 406 U.S. 311, 316 (1972) (holding that when authorized by the Gun Control Act, a warrantless inspection of a gun dealer’s storeroom does not violate the Fourth Amendment). Unlike the Washington Post Co. case, the names and addresses requested here are not of such a sensitive nature that their disclosure could harm or embarrass the individual. We therefore hold that the names and addresses the City requested are not ‘personnel files and medical files and similar files’ to which Exemption 6 applies.”

“When one balances the public interest in evaluating ATF’s effectiveness in controlling gun trafficking and aiding the City in enforcing its gun laws against the non-existent or minimal privacy interest in having one’s name and address associated with a gun trace or purchase, the scale tips in favor of disclosure. As a result, we hold that Exemption 7(C) does not protect any portion of the records from disclosure to the City.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Bauer, J.