Brady Sues ATF Over Withholding Demand Letter Data

On June 4, 2026, the Brady Campaign sued the ATF and DOJ in the District of Columbia, seeking a court order to release all Demand Letter 2 (DL2) notices issued to federally licensed dealers from 2017-2021 and 2025. The suit follows a February FOIA request the ATF denied on privacy and trade-secret grounds.

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DL2 letters are ATF notices to dealers who sold at least 25 firearms later recovered at crime scenes. The agency traced over 190,000 guns (2000-2021). After gun-rights groups, including the National Shooting Sports Foundation, called the practice a “name-and-shame” tool, the ATF paused the program in June 2023, citing mischaracterization. Brady’s FOIA request seeks DL2 letters for 2017-2021 and 2025.

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ATF Director Robert Cekada told Congress the pause lets the agency evaluate the program while protecting data. Acting Attorney General Todd Blanche described the DOJ’s agenda as supportive of the gun industry and unveiled 30+ proposals to ease regulatory burdens. Cekada reaffirmed ATF’s mission to protect public safety with clear, narrowly tailored regulations.

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Brady says withholding DL2 letters hides crime-gun sellers and impedes safety analysis. Josh Scharff said the information could save lives. The NSSF argued the letters simply label retailers for crimes they were not involved in.

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ATF says releasing DL2 letters would expose data, trade secrets and financial details. Brady argues the information is essential for transparency and safety. No letters are public, leaving a gap about which dealers would be identified.

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• “This is information that will save lives. It is information that helps us be able to analyze how our government is regulating the gun industry, particularly the largest sellers of crime guns, and it's information that we need to improve public safety in this country,” — Josh Scharff, Brady Campaign

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• “'name-and-shame' firearm retailers for crimes in which they had no involvement.” — National Shooting Sports Foundation

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The case pits transparency in tracing crime guns against commercial confidentiality. A court order could reveal dealers linked to gun crime, shaping regulation. A ruling for the ATF would bolster the DOJ’s deregulation push, influencing the national debate on gun-industry interests versus public safety.

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