GOA To Senate Banking Committee On Secretary Yellen
GOA To Senate Banking Committee On Secretary Yellen
GOA To Senate Banking Committee On Secretary Yellen
Dear Chairman Brown, Ranking Member Scott, and Honorable Members of the Senate Committee
on Banking, Housing, and Urban Affairs,
I write to you today on behalf of Gun Owners of America’s 2 million members and activists and our
Second Amendment industry partners to request that you hold Treasury Secretary Yellen
accountable to the Second Amendment and her oath to the Constitution.
Indeed, the Department of the Treasury’s FinCEN taught banks to search Merchant Category
Codes, Zelle payment notes, and other financial data for transactions with the Second Amendment
industry in order to create a list of gun owners “to flag… on behalf of Federal law enforcement.”ii
The list of targeted companiesiii includes many official partnersiv of Gun Owners of America and
other companies which strongly support our Second Amendment rights, including:
Dillon Precision Products, Smokey Mountain Knife Sturm, Ruger & Company,
Inc. Works, Inc. Inc.
Gun ownership is extremely private information about an individual’s choice to exercise a God-
given and constitutionally protected right. For this reason, Congress has placed numerous
restrictions on the federal government to protect gun owners.
For example, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is prohibited from
creating “any system of registration of firearms, firearms owners, or firearms transactions or
dispositions”v and may only legally access records of gun owners during annual compliance
inspections or with a warrant.vi Similarly, Congress prohibits the Federal Bureau of Investigation
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(FBI) from misusing the National Instant Criminal Background Check System for “establish[ing]
any system for the registration of firearms, firearm owners, or firearm transactions or dispositions”vii
and records on law-abiding gun purchases must be destroyed within 24 hours of a background
check’s approval.viii Given Congress’ clear intent, the Department of Treasury ought to hold firearm
transaction data and gun owners’ privacy sacrosanct.
Nevertheless, the Weaponization Committee has caught the Department of the Treasury teaching
financial institutions how to search financial data to find gun owners by flagging potential firearm
transactions.ix The Weaponization Committee has also caught the FBI misusing firearm transaction
data by asking Bank of America for records if the customer had made “ANY historical purchase” of a
firearm.x And finally, Gun Owners of America has found ATF to be in violation of the Firearm
Owners’ Protection Act prohibition on a gun registry.xi Indeed, ATF has amassed nearly a billion gun
and gun owner records in an illegal, digital, and searchable database of firearm transactions.xii
Congress cannot allow the federal government to continue establishing and expanding databases on
guns and gun owners. Whether it is the misuse of gun store records and financial data by the
Department of Justice or firearm transaction data by the Department of the Treasury, data collection
on guns and their lawful owners must be stopped. Gun Owners of America fully agrees with the
Weaponization Committee that “[d]espite these transactions having no apparent criminal nexus—
and, in fact, relate to Americans exercising their Second Amendment rights—FinCEN seems to have
adopted a characterization of these Americans as potential threat actors.”xiii This is truly “pervasive
financial surveillance” of gun ownership and “raises serious doubts about FinCEN’s respect for
fundamental civil liberties.”xiv
To that end, gun owners would like Secretary Yellen to answer the following questions regarding
the Department of the Treasury’s recent invasion of gun owners’ financial privacy:
• Does Secretary Yellen believe that all those who shop at gun stores like Cabela’s are
“potential active shooters”—as the document distributed by FinCEN suggests?
• Does Secretary Yellen believe that buying something from Bass Pro Shop means the
customer might be a “Domestic Terrorist” or a “Homegrown Violent Extremist”—as the
document distributed by FinCEN suggests?
• Does Secretary Yellen believe the Treasury Department should be mass accumulating—or
suggesting the mass accumulation of—American citizens’ potential firearm transactions?
• What protections, if any, does the Department of Treasury have in place to ensure the
privacy of law-abiding Americans who choose to exercise their Second Amendment rights?
Gun Owners of America urges all Honorable Members of the Senate Committee on Banking,
Housing, and Urban Affairs to hold Secretary Yellen and the Treasury Department accountable.
In Liberty,
Aidan Johnston
Director of Federal Affairs
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i
Jordan. “Letter to Former FinCEN Bureaucrat Noah Bishoff”. House of Representatives, Committee on the
Judiciary. January 17th, 2024.
ii
Scott. “Letter to Secretary Yellen and Director Gacki”. Senate, Committee on Banking, Housing, and Urban
Affairs. January 19th, 2024.
iii
See:
iv
“Industry Partners”. Gun Owners of America.
v
18 U.S.C. 926.
vi
18 U.S.C. 923.
vii
34 U.S.C. 40901(i).
viii
Public Law 112–55, Division B, Title V, Section 511. 125 Stat. 632. November 18th, 2011.
ix
“Federal Government Flagged Transactions Using Terms like ‘MAGA’ and ‘TRUMP’ for Financial
Institutions”. House of Representatives, Committee on the Judiciary. January 17th, 2024.
x
Jordan. “Letter to FBI Director Christopher Wray”. House of Representatives, Committee on the Judiciary.
January 17th, 2024.
xi
Johnston. “ATF’s Illegal Gun Owner Registry”. Gun Owners of America. May 24th, 2022.
xii
“Letter from Daniel L. Board Jr., Assistant Director of Government Affairs for ATF to Rep. Michael Cloud
and 51 Other Members of Congress Concerning ATF’s Gun Registry”. 2021.
xiii
Jordan. “Letter to Former FinCEN Bureaucrat Noah Bishoff”. House of Representatives, Committee on the
Judiciary. January 17th, 2024. 2.
xiv
Ibid.
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