Top 100 Initiative
| Tracking # |
2024-01239 |
| Submitted | May 12, 2024 |
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Communications
From: Wesley Lowery
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
In FY 2010, ATF implemented the Top 100 initiative which requires each of the 25 field divisions to make a judgmental selection of
4 FFLs within their geographic area of responsibility that the field division deems to be at risk of
non-compliance or exploitation by criminal activity.
Please provide me with the Top 100 list for each year since this initiative has been in place.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Wesley Lowery
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
May 17, 2024 REFER TO: 2024-01239
Mr. Wesley Lowery
MuckRock News, DEPT MR163572
Boston, MA 02115
Dear Mr. Lowery:
This is to acknowledge receipt of your Freedom of Information Act (FOIA) request dated May 13, 2024, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on the same date, in which you requested a listing of federal firearms licensees that were part of ATF’s Top 100 Initiative from fiscal year 2010 to the present. Your request was assigned ATF tracking number 2024-01239. Please refer to this number in any future communications regarding this request.
The records you seek require a search in at least one other office within ATF. Accordingly, your request presents “unusual circumstances” under the FOIA. See 5 U.S.C. § 552(a)(6)(B)(iii)(I). Because of these unusual circumstances, we are extending the time limit to respond to your request by ten additional days, as permitted by the statute. We have not completed a search to determine whether there are records within the scope of your request. The time needed to process your request will depend on the complexity of our records search and on the volume and complexity of any records located.
For your information, this office assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month, whereas complex requests necessarily take longer. Your request was assigned to the Complex track. It was placed in chronological order based on the date of receipt and will be handled as quickly as possible when it is assigned for processing.
Because this Office is not assessing any fees in connection with the processing of FOIA requests at this time, there is no need for us to determine whether your request qualifies for a waiver of fees.
If you have any questions regarding the status of your request, you may contact our FOIA Public Liaison at 202-648-7390. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Sincerely,
Hirsh D. Kravitz
Acting Chief
Information and Privacy Governance Division
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 13, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-01239.
Thanks for your help, and let me know if further clarification is needed.
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
09/18/2024 REFER TO: 2024-01239
Wesley Lowery
MuckRock News, DEPT MR163572
263 Huntington Ave
Boston, Massachusetts 02115
Dear Mr. Lowery:
This responds to your Freedom of Information Act (FOIA)/Privacy Act request dated 5/13/2024, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on the same date, in which you requested records concerning a listing of federal firearms licensees that were part of ATF’s Top 100 Initiative from fiscal year 2010 to the present. Your request was assigned ATF tracking number 2024-01239. Please refer to this number in any future correspondence.
In response to your request, we releasing a total of 16 pages of responsive material. Individual redactions identify the exemption pursuant to which the redacted material has been withheld. Please be advised that we considered the foreseeable harm standard when reviewing records and applying FOIA exemptions.
Pursuant to exemption (b)(7)(E), 0 pages have been withheld in full and 16 pages in part. We are withholding the specific law enforcement techniques and procedures used in our investigation pursuant to Exemption (b)(7)(E) of the FOIA. Exemption (b)(7)(E) exempts from mandatory disclosure records or information compiled for law enforcement purposes when production of such records or information “would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.” 5 U.S.C. § 552(b)(7)(E). The information withheld reveals specific law enforcement procedures and techniques used in this investigation. Disclosure of this information could enable individuals outside of the agency to circumvent agency functions and gain access to sensitive investigative information.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
You may contact our FOIA Public Liaisons, Lynette Carter and Jasmine Bryant, at 202-648-7390 for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Please use the following link to navigate to your documents.
To retrieve the records associated with this request use this link Released Documents for Request 2024-01239 or enter https://www.securerelease.us/request-details/8166175A-C33C-40BD-9966-109E3705614B/2 in your browser’s address bar. (https://www.securerelease.us/request-details/8166175A-C33C-40BD-9966-109E3705614B/2)
Please login or create a new user account using the email address associated with your records request: requests@muckrock.com.
Sincerely,
Hirsh D. Kravitz
Acting Chief
Information and Privacy Governance Division
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
09/18/2024 REFER TO: 2024-01239
Wesley Lowery
MuckRock News, DEPT MR163572
263 Huntington Ave
Boston, Massachusetts 02115
Dear Mr. Lowery:
This responds to your Freedom of Information Act (FOIA)/Privacy Act request dated 5/13/2024, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on the same date, in which you requested records concerning a listing of federal firearms licensees that were part of ATF’s Top 100 Initiative from fiscal year 2010 to the present. Your request was assigned ATF tracking number 2024-01239. Please refer to this number in any future correspondence.
In response to your request, we processed a total of 16 pages of responsive material. Individual redactions identify the exemption pursuant to which the redacted material has been withheld. Please be advised that we considered the foreseeable harm standard when reviewing records and applying FOIA exemptions.
Pursuant to exemption (b)(7)(E), 0 pages have been withheld in full and 16 pages in part. We are withholding the specific law enforcement techniques and procedures used in our investigation pursuant to Exemption (b)(7)(E) of the FOIA. Exemption (b)(7)(E) exempts from mandatory disclosure records or information compiled for law enforcement purposes when production of such records or information “would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.” 5 U.S.C. § 552(b)(7)(E). The information withheld reveals specific law enforcement procedures and techniques used in this investigation. Disclosure of this information could enable individuals outside of the agency to circumvent agency functions and gain access to sensitive investigative information.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
You may contact our FOIA Public Liaisons, Lynette Carter and Jasmine Bryant, at 202-648-7390 for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Hirsh D. Kravitz
Acting Chief
Information and Privacy Governance Division