Gun owners across America are sounding the alarm after explosive revelations about the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) misusing the National Instant Criminal Background Check System (NICS).
According to multiple gun rights advocates, including Jared Yanis of Guns & Gadgets, the ATF used NICS not just for background checks, but to monitor legal gun owners long after purchases were approved. Yanis called it the “dirty secret” the ATF tried to keep buried. He made it clear: “This isn’t just sloppy oversight. It’s pre-crime surveillance hiding behind a background check.”
NICS Was Meant for Quick Checks – Not Long-Term Tracking
As William Kirk of Washington Gun Law explained in his legal breakdown, the NICS system was designed for quick and temporary use – a 24-hour window to confirm whether a gun sale could proceed. But ATF records show that data was being kept for 30, 60, even 180 days, well beyond what federal law allows. The idea, Kirk noted, was never to build files on legal gun owners. Yet that’s exactly what appears to have happened under the previous administration, sometimes with assistance from state governments like California.
From Privacy Policy to Excuse
According to Jared Yanis, the ATF recently introduced a new policy claiming to protect privacy, requiring records to be deleted once a sale is cleared. But he believes this move is more about damage control than genuine reform. “They got caught with their hand in the cookie jar,” he said. “This isn’t about fixing a problem. It’s about covering their tracks.” Yanis pointed out that this sudden change only came after years of pressure from Gun Owners of America (GOA) and Freedom of Information Act (FOIA) requests that revealed the extent of the surveillance.
The “VNV Team” and Pre-Crime Monitoring
One of the most disturbing parts of the story, according to Yanis, is the existence of a “Validation and Verification” (VNV) team within the NICS division. This group reportedly investigated gun owners who had already passed their background checks, looking for clerical errors or “suspicious patterns”. These were not prohibited individuals. These were Americans who legally purchased firearms, and still found themselves in government files.
A Federal Tool Used for State Enforcement
William Kirk took things further by explaining how the federal government aided state-level gun control using NICS data. In states like California, where gun laws are stricter, the ATF allegedly helped monitor residents’ compliance with state rules, using a federal database. “This had nothing to do with machine guns or illegal purchases,” Kirk said. “They were using a federal system to enforce state bans. That’s not what NICS is for.” He warned that this sets a dangerous precedent, especially in states looking to pass new restrictions.
Memo Confirms ATF Violations
A key piece of evidence is a memo dated April 23, 2025, from Assistant ATF Director Robert Cekada, obtained by Troy of 2A NEWS NOW. The memo acknowledges that NICS alerts must now be approved by multiple levels of ATF leadership and can only be used in federal investigations. Cekada’s memo says clearly: NICS “should not be utilized to primarily investigate state firearm laws.” While that may signal a positive change, all three sources agree it’s a reaction to exposure, not a voluntary correction.
GOA’s FOIA Request Was the Gamechanger
Much of what we now know comes from the Gun Owners of America, who filed FOIA requests that forced the ATF to admit it had compiled a gun registry with over one billion records – a direct violation of federal law. Jared Yanis emphasized how critical that moment was: “Without GOA pressing for transparency, we’d still be in the dark. This wasn’t a leak. It was proof.” And what’s more troubling is that the ATF had no intention of coming clean until it was legally forced to.
California Was Just the Beginning
All three commentators, Yanis, Kirk, and Troy, agree that the collaboration between ATF and states like California could easily spread. Kirk described in detail how a lack of grandfather clauses, mandatory registration, or shifting state rules could let this system turn on lawful citizens overnight. All it takes is a searchable registry, and suddenly compliance becomes surveillance. If a resident buys a gun legal under federal law but restricted in their state, that data could flag them, even if they’ve done nothing wrong.
A Registry That Wasn’t Supposed to Exist
Under federal law, specifically 18 U.S. Code § 926 and the Firearm Owners Protection Act of 1986, a national gun registry is strictly forbidden. But as Kirk noted, if a database is searchable, trackable, and used for long-term surveillance, then it functions as a registry. “This is not about what it was intended to be,” he said. “It’s about what it’s being used for.” The fact that ATF agents could flag someone for extended tracking proves that the system wasn’t just for background checks – it was for building files.
New Policy, Same Database
Even with the new memo in place, Troy warned viewers that nothing stops a future administration from reversing it again. “This is a good start,” he said, “but it doesn’t solve the real problem. The problem is that the database exists.” He stressed that as long as the NICS system is designed this way, the potential for abuse will always be there. It’s not about who’s in office now – it’s about what tools are available to whoever comes next.
The Bigger Picture: Trust and Transparency
This controversy is about more than gun rights. It’s about trust in government systems. When the public is told their data will be deleted – but it’s secretly stored, searched, and shared – it creates a crisis of confidence. How many gun owners would have even known about this program without watchdogs like GOA or media voices like Jared Yanis, William Kirk, and Troy? The ATF said it would protect privacy, but actions speak louder than press releases.
Gun Owners Deserve Better Than “Oops, We Got Caught”
Let’s be honest – this didn’t come to light because the ATF had a change of heart. It came out because they got caught. And while new memos and reforms are welcome, they feel more like damage control than integrity. Americans who obey the law and pass background checks shouldn’t end up being secretly monitored. That’s not public safety – it’s pre-emptive suspicion, and it flips the burden of proof onto the innocent. The fact that lawful behavior triggered investigations should outrage every citizen, gun owner or not.
We’re Not Just Talking About Guns
This debate stretches beyond the Second Amendment. If the government can quietly collect and keep records on one group of Americans, what stops them from doing it to others? The issue here is unchecked data collection – a familiar story in today’s surveillance age. Gun owners are just the latest target, and NICS was the perfect tool for silent tracking. It’s why watchdogs matter, transparency matters, and public pressure matters even more.
What Comes Next?
As the dust settles from these revelations, the real question becomes: Will there be accountability? Jared Yanis called for full audits of NICS. William Kirk wants legislation that prohibits this kind of recordkeeping altogether. Troy remains hopeful but cautious, saying, “There’s a long way still to go.” All agree that one thing is crystal clear: gun owners were spied on. And if that can happen once, it can happen again – unless people demand lasting change.
To learn more about this, check out the Guns & Gadgets video here, the Washington Gun Law video here, and the 2A NEWS NOW video here.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.