Under the Gun Control Act enumerated in 18 U.S.C. § 923(g)(1)(A) and 27 C.F.R. § 478.125(e), FFLs must maintain specific records of importation, production, shipment, receipt, sale, or other disposition of firearms at their place of business for such period; all which may be subject to ATF inspection, for purposes of criminal and administrative proceeding. Currently regulations provide a form for keeping such records, an Acquisition and Disposition log, or bound book (colloquially termed) for this specific information be gathered and recorded. Many FFLs keep their bound book in print format but more and more FFLs are turning to electronic log systems like Fastbound or FFL Boss, raising many privacy concerns with 2A advocates. Federal law prohibits ATF from accessing these records unless there is a pending criminal investigation or issue with FFL compliance see 18 U.S.C. 923(g)(1)(A). Furthermore, absent a criminal investigation if there is a multiple sale of firearms under 18 U.S.C.A. § 923, the FFL must send records to the state’s reporting authority for further investigation if such is found necessary.
With the OK we opine that there lies the same inherent risk of a centralized database that could be subject to future infringements.
A. In every case in which a physician performs a pre-viability
separation procedure as permitted under this act, the physician
shall, within fifteen (15) days, cause to be filed with the State
Department of Health, on a form supplied by the Department, a report
containing the following information:
1. A unique patient identifier provided by the Department that
would, if legally required, allow the Department to identify the
woman upon whom the pre-viability separation procedure was
performed
“For nine years, FY2004 through FY2012, Congress included a general provision in the annual DOJ appropriations bill that required the FBI to destroy within 24 hours background check records on persons who are found eligible to receive and possess firearms” see Consolidated and Further Continuing Appropriations Act, 2012, P.L. 112-55, November 18, 2011, 125 Stat. 552, 632. Actual FFLs are required to maintain and preserve their 4473 records for up to 20 years and must maintain a log of their activities. (27 C.F.R. §478.129) and Final Rule 2021R-05F effective on August 24, 2022.
The proposed OK bill does not bear any clauses about how long these records will be maintained.
The Consolidated and Further Continuing Appropriations Act, 2012 mandates that no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code. Shortly stated this means that ATF must not create a searchable database of these records which director Dettelbach has stated that they disabled the search feature on their PDF systems. As advocacy groups have pointed out, the wording of the code does not bar searches by other metrics like model, NFA status, etc. Upon receipt, ATF scans the 4473 with softwares (DocNetics Scan) capable of converting aspects of the documents to searchable entries.
The same could apply to the OK bill which could create a searchable database by procedure type, age, dates, or degree of risk to the mother by perhaps ICD.
ATF and 2A advocates sought to protect firearm personal data with the Tiahrt Riders which provided that no funds appropriated under any Act may be used to disclose part or all of the contents of the Firearms Trace System database (like FOIA disclosure requests). The Dickey amendment is similar in nature that it foreclosed the __ from using funding to _____. The OK makes no future promise of protection from investigative requests.
The OK bill states that there shall be no civil penalty for a woman, but the existence of this database creates a possible registry for future lawmakers to prosecute women.
C. Unless required by a court order, the Department shall not release personally identifiable patient or physician information obtained under this act.
Center for Investigative Reporting v. United States Department of Justice (N.D. Cal., July 10, 2018, No. 17-CV-06557-JSC) 2018 WL 3368884, at *8, rev'd and remanded (9th Cir. 2020) 982 F.3d 668, withdrawn and superseded on denial of reh'g en banc (9th Cir. 2021) 14 F.4th 916, and rev'd and remanded (9th Cir. 2021) 14 F.4th 916
B. The Department shall establish a confidential system of creating and distributing unique patient identifiers to be used for the reporting requirements of this act. It shall create this system within thirty (30) days after the effective date of this act.
Lawmakers assert that the bill can be rewritten so that only certain portions can be searchable but women would not become “trackable”. However, based on the above discussion the reality is that a database written or electronic leaves large risk of privacy invasions. Even absent criminal prosecution or civil penalties, most people would not want their personal information being stored in a state or federal database.
Recall CA has on several occasions leaked the emails of CCW holders.
“The investigation found that some confidential personal data of roughly 192,000 individuals who applied for a concealed carry weapons (CCW) permit from approximately 2012-2021 was unintentionally disclosed due to the incident, which, as previously reported by DOJ, occurred on June 27 and June 28, 2022. This unauthorized release of personal information was unacceptable. This was more than an exposure of data, it was a breach of trust that falls far short of my expectations and the expectations Californians have of our department,” said Attorney General Bonta”.
With the OK we opine that there lies the same inherent risk of a centralized database that could be subject to future infringements.
A. In every case in which a physician performs a pre-viability
separation procedure as permitted under this act, the physician
shall, within fifteen (15) days, cause to be filed with the State
Department of Health, on a form supplied by the Department, a report
containing the following information:
1. A unique patient identifier provided by the Department that
would, if legally required, allow the Department to identify the
woman upon whom the pre-viability separation procedure was
performed
“For nine years, FY2004 through FY2012, Congress included a general provision in the annual DOJ appropriations bill that required the FBI to destroy within 24 hours background check records on persons who are found eligible to receive and possess firearms” see Consolidated and Further Continuing Appropriations Act, 2012, P.L. 112-55, November 18, 2011, 125 Stat. 552, 632. Actual FFLs are required to maintain and preserve their 4473 records for up to 20 years and must maintain a log of their activities. (27 C.F.R. §478.129) and Final Rule 2021R-05F effective on August 24, 2022.
The proposed OK bill does not bear any clauses about how long these records will be maintained.
The Consolidated and Further Continuing Appropriations Act, 2012 mandates that no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code. Shortly stated this means that ATF must not create a searchable database of these records which director Dettelbach has stated that they disabled the search feature on their PDF systems. As advocacy groups have pointed out, the wording of the code does not bar searches by other metrics like model, NFA status, etc. Upon receipt, ATF scans the 4473 with softwares (DocNetics Scan) capable of converting aspects of the documents to searchable entries.
The same could apply to the OK bill which could create a searchable database by procedure type, age, dates, or degree of risk to the mother by perhaps ICD.
ATF and 2A advocates sought to protect firearm personal data with the Tiahrt Riders which provided that no funds appropriated under any Act may be used to disclose part or all of the contents of the Firearms Trace System database (like FOIA disclosure requests). The Dickey amendment is similar in nature that it foreclosed the __ from using funding to _____. The OK makes no future promise of protection from investigative requests.
The OK bill states that there shall be no civil penalty for a woman, but the existence of this database creates a possible registry for future lawmakers to prosecute women.
C. Unless required by a court order, the Department shall not release personally identifiable patient or physician information obtained under this act.
Center for Investigative Reporting v. United States Department of Justice (N.D. Cal., July 10, 2018, No. 17-CV-06557-JSC) 2018 WL 3368884, at *8, rev'd and remanded (9th Cir. 2020) 982 F.3d 668, withdrawn and superseded on denial of reh'g en banc (9th Cir. 2021) 14 F.4th 916, and rev'd and remanded (9th Cir. 2021) 14 F.4th 916
B. The Department shall establish a confidential system of creating and distributing unique patient identifiers to be used for the reporting requirements of this act. It shall create this system within thirty (30) days after the effective date of this act.
Lawmakers assert that the bill can be rewritten so that only certain portions can be searchable but women would not become “trackable”. However, based on the above discussion the reality is that a database written or electronic leaves large risk of privacy invasions. Even absent criminal prosecution or civil penalties, most people would not want their personal information being stored in a state or federal database.
Recall CA has on several occasions leaked the emails of CCW holders.
“The investigation found that some confidential personal data of roughly 192,000 individuals who applied for a concealed carry weapons (CCW) permit from approximately 2012-2021 was unintentionally disclosed due to the incident, which, as previously reported by DOJ, occurred on June 27 and June 28, 2022. This unauthorized release of personal information was unacceptable. This was more than an exposure of data, it was a breach of trust that falls far short of my expectations and the expectations Californians have of our department,” said Attorney General Bonta”.