FOIA Request Questions

[Bwanalewis]

i have seen some examples of successful FOIA request for MGs.  If anyone would share a recent one, I would appreciate it.  Also, How long does it typically take? 

Thanks in advance.

Chad

[MontanaRenegade86]

 

Quote

NAME
STREET ADDRESS
CITY, STATE, ZIP
PHONE NUMBER

DATE

Bureau of Alcohol, Tobacco, Firearms and Explosives
ATTN: Disclosure Division, Room 4E.301
99 New York Avenue, NE
Washington, DC 20226

re: Information Request Pursuant to Freedom of Information Act (FOIA)

Dear Sir or Madam:

I, NAME, residing at STREET ADDRESS, CITY, STATE, ZIP, hereby request, pursuant to the Freedom of Information Act, that you provide me with all information and copies of all documents related to the firearm specified below, that is, on information and belief, a machine-gun registered in the National Firearms Registration and Transfer Record:

- MANUFACTURER, MODEL, SERIAL NUMBER

Specifically, I am seeking a copy of the original registration form (ATF Form 2 – Notice of Firearms Manufactured or Imported) showing the date of manufacture for the above referenced firearm.

I understand that certain personal information on records relating to the National Firearms Registration and Transfer Record are exempt from disclosure under FOIA. To the extent possible, please provide me with copies of such records redacted to remove the exempt information.

I hereby agree to pay all search and duplication fees in the amount of up to AMOUNT. If you estimate fees will exceed this amount, please contact me. I am making this request as an individual seeking information for personal use and not for a commercial use, which I believe makes me an "all other requestor" for purposes of calculation of such fees.

I declare under penalty of perjury that I am NAME, that this letter is submitted on behalf of myself, and to the best of my knowledge that I am the current lawful owner of the machine-gun described above. I declare that the information set forth in this letter is true and correct and that I understand the penalties for requesting access to records under false pretenses.

Respectfully,

SIGNATURE

NAME

This is the format I use. 

For amount, I put in $100. Never been charged a dime.

It takes forever to get one of these back. I am still waiting on two of them from 2019. 

Edited September 12, 2022 by MontanaRenegade86

[Thumpy]

Montanarenegade86  I was reading some where that federal agency’s have 20 days to respond to a foia request an if they don’t you can sue them in federal court? Not sure how true that is or if it’s worth your time lol but I’ll send you the article maybe your a lawyer with some free time or something.

[TD.]

Freedom of Information Act (FOIA) requests are great source of information on the past history of an NFA weapon. Other than tracing back the weapons history one past owner at a time, it is the only source of information. Some past owners of NFA weapons have preserved the original IRS/ATF registration Forms, but many have not. If the past history is unknown, filing a FOIA request with the ATF Disclosure Division is the first step in learning about your NFA weapon. I often encourage and assist owners of Thompson submachine guns to file FOIA requests. You don't know what you don't know. While the wait can sometimes be long, the cost is normally free. Yes, the past ownership information is redacted, but you can tell a lot of the past history from the dates, form types, titles and some of the government acceptance stamps. The earliest form is usually the most important. For example, the accepted definition of a Savage Commercial Thompson is a Savage Thompson that was sold to a law enforcement agency during World War II. If you find a Model of 1928 Savage Thompson without any military markings, no signs of military service such as inspector markings or arsenal/depot rebuild, no import markings, with the original dulite finish and matching receiver and frame, you may have a Savage Commercial Thompson. If there is no past history, how do you prove it is a Savage Commercial Thompson? A FOIA request may produce an IRS Form 1 showing the original registration was in the early 1940s. Many times, the words police or sheriff are unredacted. This is the perfect provenance of a commercial sale of a Model of 1928 Thompson submachine gun in the early 1940s to a non-military purchaser. Unfortunately, the IRS or ATF record keeping procedures were not the best and these early registration forms were lost (or at least not produced during a FOIA request). The earliest form may be a Form 5 from a government agency to a Class 3 dealer. This too is evidence of a commercial sale of the Thompson submachine gun in question. The forms usually associated with Thompson guns imported during the 1950s/60s are an IRS Form 2, normally from INTERARMS or similar company. 

Again, you don't know what you don't know. Every FOIA packet is different. One tip: use the information directly from the current ATF form regarding manufacturer, model, and serial number when filing a FOIA request. It does not matter if you think some of the information is incorrect; what you submit must match what ATF has on file regarding the weapon.