Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Sen. Rand Paul's Amendment to the Patriot Act

Saturday, May 28, 2011

As often happens with complex issues, NRA's position on Sen. Rand Paul's defeated PATRIOT Act amendment is being mis-reported by those who either don't understand the facts, or prefer their own version of "facts."

This amendment was rejected by 85 Senators, which included many of the strongest Second Amendment supporters in the U.S. Senate. Unfortunately, Senator Paul chose not to approach us on this issue before moving ahead. His amendment, which only received 10 votes, was poorly drafted and could have resulted in more problems for gun owners than it attempted to fix. For this reason, the NRA did not take a position on the amendment.

To be more specific about the amendment and its problems, the amendment would have prohibited use of PATRIOT Act legal authority for any "investigation or procurement of firearms records which is not authorized under [the Gun Control Act]." There have been no reports of the current PATRIOT Act being abused with respect to firearms records, however supporters suggested a far-fetched scenario in which every firearms sales record in the country--tens or hundreds of millions of documents dating back to 1968--could be sought. Again, neither we nor anyone else we've heard from is aware of any case in which this authority has been used to abuse gun owners. (In fact, published reports indicate that few of these orders are ever sought for any reason.)

In particular, the amendment appeared to be aimed at so-called "section 215 letters"--orders from the FBI requiring the disclosure of "tangible things" such as records and documents.

Under the current PATRIOT Act, an application for this type of order with respect to firearms sales records has to be approved no lower than the director or deputy director of the FBI, or the Executive Assistant Director for National Security. The application is made to a federal judge based on "a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation ... to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities." The judge has the power to modify the order and must direct the use of "minimization procedures" to protect the privacy of Americans.

If the Paul amendment were adopted, the FBI would have used other ways to access whatever firearms records it might need for intelligence or anti-terrorism investigations. This is especially troublesome for gun owners.

We have reported previously about the FBI circulating flyers to FFLs asking them to voluntarily report "suspicious" activity. The Paul Amendment, however, would have had a significant chilling effect on these voluntary efforts, forcing the FBI to use more intrusive means to get the same information. For example, U.S. Attorneys would simply demand records through grand jury subpoenas, which require no judicial approval before issuance. Fighting a subpoena after the fact can be very costly and carries legal risks of its own, including possible charges for obstruction of justice.

Even worse, the government would have used the Gun Control Act's provision that allows the Attorney General to "inspect or examine the inventory and records of [a licensee] without ... reasonable cause or warrant" during a criminal investigation. That means by simply characterizing its activities as a "criminal investigation," it would enter a licensee's premises and demand these records without "reasonable cause or warrant"--in other words, without judicial oversight of any kind, and without any of the procedural limits imposed by the PATRIOT Act.

Therefore, given all of these potential problems for gun owners, the NRA could not support this poorly drafted amendment.

TRENDING NOW
JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

News  

Monday, February 9, 2026

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

Beginning with the Obama-Biden administration, financial institutions developed a troubled relationship with the firearms industry.

New Mexico: Sweeping Gun Control Bill Passes Senate

Sunday, February 8, 2026

New Mexico: Sweeping Gun Control Bill Passes Senate

Last night, the New Mexico Senate passed an omnibus gun control package by a vote of 21 to 17 that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability ...

Virginia: Gun Control on Senate Floor Today

Monday, February 9, 2026

Virginia: Gun Control on Senate Floor Today

Today, February 9th, the Senate will vote on several gun control bills, including the semi-auto and magazine ban and the industry liability bill.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Connecticut: Draconian Pistol Ban Introduced in Hartford

Friday, February 6, 2026

Connecticut: Draconian Pistol Ban Introduced in Hartford

As a new legislative session begins in Connecticut, it certainly feels like Groundhog Day again as Gov. Ned Lamont unveiled his latest swipe at law-abiding gun owners.  The state’s Chief Executive came out of the ...

AI Bias on Guns, Crime: Artificial? Yes. Intelligent? No.

News  

Monday, February 9, 2026

AI Bias on Guns, Crime: Artificial? Yes. Intelligent? No.

It’s bad enough that anti-gun activists and politicians, aided by the mainstream media, are busy pushing out lies and fantasies about guns and gun control, but now inanimate chatbots and artificial intelligence (AI) tools are ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Maryland: House Judiciary Committee to Hear Handgun Ban

Monday, February 9, 2026

Maryland: House Judiciary Committee to Hear Handgun Ban

This Wednesday, February 11, the House Judiciary Committee will hear House Bill 577, legislation that would ban many common semi-automatic handguns. Please use the Take Action button below to contact members of the House Judiciary Committee ...

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Thursday, February 5, 2026

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Last night, the New Mexico Senate Judiciary Committee passed an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. We ...

Virginia: Senate Passes Excise Tax as Semi-Auto Ban Advances

Friday, February 6, 2026

Virginia: Senate Passes Excise Tax as Semi-Auto Ban Advances

On Friday, February 6th, the Senate passed Senate Bill 763, which imposes an 11% excise tax on the sale of all firearms and ammunition "by a dealer in firearms, firearms manufacturer, or ammunition vendor," and designates all ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.