WASHINGTON, Nov. 12 (UPI) -- The Supreme Court agreed Tuesday to hear argument this term on whether federal gun sales databases are subject to the Freedom of Information Act.
FOIA compels the government to release information to the public unless it is classified or otherwise exempted.
The City of Chicago wants the computer data for use in a suit against gun manufacturers and others in the gun trade.
The Treasury Department's Bureau of Alcohol, Firearms and Tobacco is responsible for the enforcement of federal firearms laws, and maintains the Firearms Tracing System.
The system is a computer compilation of data submitted by law enforcement agencies to the ATF when the bureau requests traces of firearms believed to have been used in criminal activity.
The 1968 Gun Control Act requires a federally licensed dealer to submit a report to ATF whenever the dealer sells or disposes of two or more weapons. That information is kept in the ATF's Multiple Sales Database.
In 1998, Chicago sued a number of gun manufacturers, distributors and dealers in Illinois state court. The city alleged that those in the gun trade "created and maintained a public nuisance by intentionally marketing firearms to city residents and others," in violation of city ordinances.
City officials asked ATF for the information stored in the tracing and multiple sales databases, but were denied. Chicago then filed a FOIA suit seeking the information.
A federal judge ruled for the city, saying "whatever small privacy interest an individual may have in protecting his identity in connection with the purchase or possession of a weapon is greatly outweighed by the public interest in the disclosure of this information."
When a federal appeals court upheld the judge, the Bush administration asked the Supreme Court for review, which was granted Tuesday.
A Justice Department brief told the Supreme Court the databases are protected from disclosure by exemptions in FOIA.
Though not yet scheduled, the justices probably will hear argument in the spring.
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(No. 02-322, U.S. Treasury et al vs. Chicago.)
