Second Amendment Must be Safeguarded Against Overreach

Resources / Media Share on Second Amendment Must be Safeguarded Against Overreach May 14, 2026 Media Hearing Wrap Up: Second Amendment Must be Safeguarded Against Overreach House Oversight Committee | May 14th, 2026 WASHINGTON—Today, the Subcommittee on Federal Law Enforcement held a hearing on “Privacy Protections & the Second Amendment: Examining ATF’s Relationship to the Tiahrt Amendment” During the hearing, members discussed the history and purpose of the Tiahrt Amendment and the consequences of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ prior failures to abide by it. The hearing also examined the ATF’s track record protecting Second Amendment rights. Key Takeaways: ATF has been working to rebuild trust after having a long history of failing to consistently uphold the Second Amendment and Americans’ liberties. Robert Cekada, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, testified that “[Effective] law enforcement and respect for civil liberties are inseparable obligations, and that is why ATF has entered a new era of reform to rebuild trust with the industry, the federal firearms licensees, lawful gun owners and the public while still prioritizing our efforts on public safety. Some of the specific actions I have taken include establishing a senior industry partnership advisor position to address industry concerns and foster proactive engagement with the regulated community, revoking the enhanced regulatory enforcement policy, sometimes referred to as a zero tolerance policy, and replacing it with a new policy that emphasizes fairness and transparency while recognizing that FFLs are often the first line of defense against gun crime. And I also implemented regulations reforms last month, where ATF issued 34 notices of final and proposed rulemaking following the comprehensive review that was conducted in compliance with the executive order on protecting the second amendment rights, the aim is simpler, clearer regulations that do not compromise public safety.” In recent years, ATF has violated the Tiahrt Amendment – which prevents ATF from sharing firearms trace data – by releasing protected data as part of Freedom of Information Act (FOIA) disclosures. Subcommittee on Federal Law Enforcement Chairman Clay Higgins (R-La.) noted in his opening statement that “Despite Tiahrt’s obvious importance to police and public safety, recent history has shown that ATF has flagrantly disregarded the law. Some violations of Tiahrt have seemed unintentional, associated with accidental data disclosures while responding to FOIA requests. However, other violations clearly stem from the political and ideological opposition some ATF unelected bureaucrats have for the law. There are several glaring recent examples, particularly during the Biden Administration. To begin, the Biden ATF assisted gun control groups in creating a map of gun shops, including those owned by Members of Congress, by providing Tiahrt-protected data as part of a FOIA request. ATF’s release of this data was a clear violation of federal law and intended to help anti-Second Amendment groups.” ATF under the Biden Administration undermined the Tiahrt Amendment by assisting gun control groups in creating a map of gun shops using trace data. ATF also inadvertently released Tiahrt-protected data as part of an unrelated 2022 FOIA request. Congress must examine ways to rein in ATF’s erroneous and inconsistent application of law to prevent infringement of the Second Amendment right to keep and bear arms and to ensure safety, privacy, and fairness for all Americans. Member Highlights: Subcommittee Chairman Higgins inquired into the culture of accountability ATF has to the Tiahrt Amendment. Subcommittee Chairman Higgins: “So, you feel confident that based upon the, the existing culture of compliance with Tiahrt and the examples that, under your leadership, ATF accepts responsibility for and intends to learn from moving forward. But you’ve been dealing with Tiahrt as an appropriations rider, unknown. If it be renewed year by year, it’s expected to be renewed. But until it’s done, it’s not done. So for 20 years, that’s been the culture you’ve had to deal with. And we intend to pass permanent Tiahrt legislation, standalone legislation. Would that help? Like within the procedures and policies and cultures of the ATF to be more solid in compliance with Tiahrt?” Director Cekada: “If I may, sir, I think ATF has, I can tell you for certain during my time and under my watch, ATF completely respects Tiahrt. We will make sure there were no releases where there’s a challenge. And I look forward to working with this Committee to help give Tiahrt the tool, the strength it needs to protect the trace data that we use in particular, because that data, as you stated, is used to protect our communities. That’s how our law enforcement officers, our undercover operations use that information to identify and target violent criminals for our criminal inve