Law Enforcement Protection and Privacy Act of 2025

Summary

Adds a new FOIA exemption to withhold the ATF’s Firearm Trace System database and certain gun-dealer records from public disclosure, creates civil monetary penalties for government entities (state, local, tribal, foreign) that improperly disclose that protected information, and gives licensed firearm dealers a private right of action with statutory and treble damages when those disclosures occur. The Attorney General may assess fines, suspend access after serious violations, and sue to collect fines; prevailing private plaintiffs can recover substantial damages plus fees.

• Adds a FOIA exemption that withholds ATF Firearm Trace System contents and certain dealer records from public disclosure.
• Authorizes DOJ to impose tiered civil fines on state, local, tribal, or foreign entities that improperly disclose protected information ($10,000 or $25,000 per disclosure).
• Permits the Attorney General to suspend an entity’s access to protected information for one year after serious violations and to sue to collect fines.
• Creates a private right of action for federal firearms licensees harmed by unauthorized disclosures, with damages of treble actual damages or $25,000 per disclosure per record.
• Bars sovereign immunity as a defense in private suits under the Act and allows for punitive damages and attorneys’ fees for prevailing plaintiffs.
• Defines "protected information" to include ATF trace database contents and records licensees must keep or report under 18 U.S.C. § 923.
• Requires fines to be assessed for each disclosure of each individual piece of protected information, potentially multiplying liability.
• Includes a savings clause preserving other legal remedies and a severability provision to keep the remainder of the law effective if parts are invalidated.
• May create substantial litigation and compliance burdens for governments and increase privacy protections for dealers and trace data.