Baltimore sues the ATF for access to gun data

By Tashi McQueen

AFRO Political Writer

Mayor Brandon M. Scott, Acting City Solicitor Ebony Thompson and Alla Lefkowitz, senior director of Affirmative Litigation at Everytown Law, announced Baltimore’s newly filed federal lawsuit against the U.S. Bureau Of Alcohol, Tobacco, Firearms and Explosives (ATF).

Mayor Brandon M. Scott announces Baltimore’s lawsuit against the U.S. Bureau Of Alcohol, Tobacco, Firearms and Explosives (ATF) for denying their Freedom of Information Act (FOIA) request. Photocredit: Photo courtesy of the Baltimore City Office of the Mayor / J.J. McQueen

The city alleges that the ATF improperly withheld crucial “crime gun” data from them, after they filed a Freedom of Information Act (FOIA) in September.

“We are pursuing every action possible,” said Scott at a live-streamed press conference on Dec. 19. “We need the data to go after the individuals, but we also need the policy change because it’s a stupid. Every mayor in the country should be able to have access to the information.”

The city requested the identity of the top ten “crime gun” sources in Baltimore City from 2018 to 2022, but they were denied due to the Tiahrt Amendments. The Tiahrt Amendments only permit the ATF to share trace data with law enforcement and prosecutors.

“As of this morning, Baltimore is currently seeing a 20 percent reduction in homicides and an 8 percent reduction in non-fatal shootings,” said Scott. “This reduction is directly thanks to our comprehensive approach to public safety and work to forge stronger partnerships with organizations like Everytown For Gun Safety and our partners across local, state and federal government.”

The ATF does have a database of firearm trace data, which can help officials keep track of the recovered guns from manufacturer to distributor.

Though Maryland has some of the strictest gun laws in the country, the state’s gun violence rate is higher than the national average. In Baltimore, nearly 65 percent of all guns recovered by law enforcement in Maryland are brought in from other states, according to data compiled by Everytown.

Another aspect of the city’s complaint is that the Baltimore Police Department cannot share certain gun trace information they receive with the mayor.

Lefkowitz said they are not looking to share personal data or information for an ongoing investigation with the public, but Scott confirmed that they will take action with the data if they win.

Tashi McQueen is a Report For America corps member.

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