Congresswoman Pou and Senator Whitehouse Introduce Crime Gun Tracing Act

WASHINGTON, DC – Congresswoman Nellie Pou (D-NJ-09) and U.S. Senator Sheldon Whitehouse (D-RI) today introduced the Crime Gun Tracing Modernization Act, which will finally give the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) the ability to electronically search for the records of guns used in crimes across the country.

“Americans should be appalled at the state of crime gun tracing in America,” said Congresswoman Pou. “Because of a decades-old law imposed at the behest of the NRA, the ATF is literally banned from using computers to trace firearms used in crimes. Every moment after a crime is committed matters to police. All law enforcement agencies share one goal: solving crimes as fast as possible. This small, simple change will help police do their jobs fighting crime. It will save lives and create needed efficiency. After decades of being hamstrung by extremist NRA policies, the ATF must be given the power to do its job.”

“Every second counts when you’re investigating an act of gun violence, but current law delivered at the bidding of the NRA prevents federal law enforcement from acting quickly to bring criminals to justice,” said Senator Whitehouse. “This bill would remove archaic and unnecessary restrictions and arm the ATF with modern search tools so they can save more lives.”

After a firearm associated with a crime is discovered somewhere in the United States, federal, state, or local law enforcement officials contact the ATF, which then must re-create the chain of custody of the firearm. Yet for decades the ATF has been blocked from digitizing millions of gun sales records already in the ATF’s possession so they can be searched by computers at its National Tracing Center in Martinsburg, West Virginia, the only federal facility that maintains gun sales records in the U.S.  This outdated restriction requires sifting through the ATF’s mountains of paper records, a laborious process that delays investigations and drains law enforcement resources.

In 2024, the ATF processed more than 639,295 trace requests. With the ATF receiving more than 1,700 crime gun traces per day, this paper-based system can create serious delays in criminal investigations in jurisdictions in all 50 states. 

This process has overwhelmed the ATF with millions of pieces of paper that are now stored in boxes in the facility’s closets, hallways, and even in storage lockers resting in the parking lot. The situation has gotten so bad that the floor at the NTC partially caved in and the ATF has been instructed to not store any more physical records in its facility or it may be in danger of further floor collapse.

The Crime Gun Tracing Modernization Act would provide a simple, narrow change in the law to allow the ATF to electronically search crime gun sales records already in its possession. The law would neither expand the universe of records the ATF is permitted to access, nor allow the ATF to search for information it already has access to. Importantly, the legislation will allow ATF searches for criminal and national security investigations only and for no other purpose.

“The Major County Sheriffs of America (MCSA) strongly supports efforts to ensure our agencies receive timely, actionable information in violent gun crime investigations. The Crime Gun Tracing Modernization Act is a critical step forward - digitizing existing ATF records to replace the current slow and outdated manual process. Modernizing this system will significantly enhance our ability to trace firearms quickly and effectively, which is vital for solving crimes and protecting our communities,” said Megan Noland, executive director of the Major County Sheriffs of America (MCSA).

“Violent criminals are becoming more sophisticated, more mobile, and far better at hiding their tracks especially when it involves the use of illegal firearms,” said Mathew Silverman, National President, Federal Law Enforcement Officers Association (FLEOA). “To keep pace, federal law enforcement needs modern, electronic tools that allow us to quickly trace the movement of weapons used to harm our communities. A searchable, nationwide record of firearms used in criminal activity will help us identify trends, connect cases, and target the offenders who are driving violence across America. This effort has nothing to do with law-abiding gun owners. In fact, improving our ability to track illegal firearms ultimately strengthens public safety for everyone, especially the millions of Americans who responsibly exercise their Second Amendment rights. Our goal is simple: isolate the illegal weapons, identify the criminals who use them, and protect our communities. I want to thank Representative Nellie Pou and Senator Whitehouse for revitalizing this critical legislation in the new Congress. FLEOA stands ready to support this effort and work with Congress to ensure federal law enforcement has the tools needed to keep our officers and our citizens safe.”

“Under this legislation, ATF agents could use their time more efficiently and could expedite the tracing of crime guns, which often reveals critical information that advances Federal, state, and local law enforcement investigations. This will keep communities in this country safer and more secure, and the APA is proud to support the measures in this bill,” said David LaBahn, president of the Association of Prosecuting Attorneys (APA).

“Crime guns are used to devastate communities across the country, and the ATF should be empowered to efficiently trace these firearms to prevent further gun violence and hold offenders accountable. Yet, ATF is prohibited by federal law from electronically searching through gun sale records while tracing firearms, relying on an outdated and archaic investigation process that prevents law enforcement from quickly developing investigative leads. The Crime Gun Tracing Modernization Act will help bring the ATF into the 21st century, allowing law enforcement to effectively trace crime guns and close more cases. Brady applauds Representative Pou for reintroducing this important bill, which will support law enforcement investigations and bring justice for victims," said Mark Collins, Director of Federal Policy at Brady.

The Crime Gun Tracing Modernization Act is endorsed by numerous law enforcement groups and public safety advocates, including the Major County Sheriffs of America (MCSA), the Federal Law Enforcement Officers Association (FLEOA), the Association of Prosecuting Attorneys (APA), and Brady.

A two-page summary of the Crime Gun Tracing Modernization Act is provided here.

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