Everytown for Gun Safety Support Fund v. Bureau of Alcohol, Tobacco, Firearms and Explosives, No. 19-3438 (2d Cir. 2020)
Annotate this Case
Everytown sought disclosure pursuant to the Freedom of Information Act (FOIA) of certain data stored in the FTS database maintained by the ATF. The ATF denied Everytown's FOIA request on the grounds that appropriations riders known as the Tiahrt Riders exempt FTS data from FOIA disclosure, and properly responding to Everytown's FOIA request would require the ATF to create records. The district court granted summary judgment for Everytown.
The Second Circuit reversed, holding that a prior statute cannot prevent a later-enacted statute from having effect. The court explained that if the plain import or fair implication of the 2012 Tiahrt Rider is to exempt FTS data from FOIA disclosure, the statute must be given effect even if it does not meet the requirements of the OPEN FOIA Act. In light of the statutory text and history, the court concluded that the 2012 Tiahrt Rider exempts FTS data from FOIA disclosure and that the exemption applies to the data Everytown seeks. Consequently, the court need not address whether Everytown's FOIA request required the ATF to create records. The court remanded with instructions to enter judgment for the ATF.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.