OPINION & ORDER Plaintiff Everytown for Gun Safety Support Fund (“Everytown”) brought this Freedom of Information Act (“FOIA”) action to compel Defendant Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) to release statistical data from its Firearms Tracing System database. Now before the Court are the parties’ cross-motions for summary judgment. For the reasons that follow, the Court DENIES Defendant’s motion and GRANTS Plaintiff’s. I. BACKGROUND Plaintiff Everytown seeks statistical data from the ATF’s Firearms Tracing System database pertaining to firearms used in suicides or attempted suicides that were recovered by law enforcement and traced by ATF. Below, the Court summarizes Everytown’s request and ATF’s response. The undisputed facts described here are drawn from the parties’ submissions, including the agency affidavit submitted by ATF, which is accorded a presumption of good faith for purposes of these summary judgment motions. See Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 812 (2d Cir. 1994). Below, the Court also explains the statutory and procedural background relevant to both motions. A. The FOIA Request ATF’s Firearms Tracing System database houses every law-enforcement-requested record of an attempt to track a weapon from its manufacturer or importer into the distribution chain, through purchases made in the distribution chain, until ATF can identify the first retail purchaser. Houser Decl., Dkt. No. 21
8-9. Trace searches are generally conducted on firearms recovered at a crime scene or from the possession of a person prohibited from owning the firearm. Id. 9. The database codes these trace searches by a variety of searchable fields. Id. 29. On December 14, 2016, Everytown submitted a FOIA request to ATF seeking records related to traces of firearms used in suicide across several variables, including the length of time between purchase and use; the type of gun used; the state of use relative to state of purchase; and whether the user was the individual buyer. Everytown FOIA Request, Dkt. No. 1-1. In relevant part, this was the FOIA request: We respectfully request that ATF provide us with records containing aggregate trace data that document the following: i. Nationwide, the number of each firearm type (pistol, revolver, rifle, shotgun, other) that were used in a completed suicide and successfully traced in 2012 and in 2013; ii. Nationwide, the number of each firearm type (pistol, revolver, rifle, shotgun, other) that were used in an attempted suicide and successfully traced in 2012 and in 2013; iii. For each state, the number of guns that were used in a completed suicide and successfully traced in 2012 and in 2013; iv. For each state, the number of guns that were used in a completed suicide and successfully traced in 2012 and in 2013 that were in the possession of the original buyer. v. For each state, the number of guns that were used in a completed suicide and successfully traced in 2012 and in 2013 that were in the possession of someone other than the original buyer. vi. For each state, the number of guns that were used in a completed suicide and successfully traced in 2012 and in 2013 that that were originally purchased in the same state in which they were recovered. vii. For each state, the number of guns that were used in a completed suicide and successfully traced in 2012 and in 2013 that were traced less than 3 months after first purchase; that were traced between 3 and 6 months after first purchase; that were traced between 6 and 12 months after first purchase; that were traced between 1 and 2 years after first purchase; that were traced between 2 and 3 years after first purchase; and that were traced more than 3 years after first purchase. viii. For each state, the number of guns that were used in an attempted suicide and successfully traced in 2012 and in 2013. ix. For each state, the number of guns that were used in an attempted suicide and successfully traced in 2012 and in 2013 that were in the possession of the original buyer. x. For each state, the number of guns that were used in an attempted suicide and successfully traced in 2012 and in 2013 that were in the possession of someone other than the original buyer. xi. For each state, the number of guns that were used in an attempted suicide and successfully traced in 2012 and in 2013 that that were originally purchased in the same state in which they were recovered. xii. For each state, the number of guns that were used in an attempted suicide and successfully traced in 2012 and in 2013 that were traced less than 3 months after first purchase; that were traced between 3 and 6 months after first purchase; that were traced between 6 and 12 months after first purchase; that were traced between 1 and 2 years after first purchase; that were traced between 2 and 3 years after first purchase; and that were traced more than 3 years after first purchase. Id. at 3-4. ATF rejected Everytown’s request on the basis that the above-requested documents were exempt from disclosure pursuant to Exemption (b)(3), FOIA’s statutory exemption. The Department of Justice’s Office of Information Policy upheld ATF’s determination. It later clarified that two of the requested categories — (iii) and (viii) — were publicly available on ATF’s website, and accordingly no longer asserts Exemption 3 as to those two categories. Houser Decl.
