Lance Rankin here, FFL and gunsmith at Western Sport in Roanoke, Texas. I deal with the ATF’s paperwork side every working day, so when news broke that the agency had been running a warrantless surveillance program tracking phone locations, I paid attention. The short version: after congressional pressure, the program is dead. As of this writing, anyway. The video above covers the story; here’s my take on why it matters to gun owners.
What the ATF’s warrantless surveillance program was doing
The agency was using a commercial ad-tracking tool to pull mobile device location data. No warrant, no judge. The theory goes like this: advertisers collect your phone’s location constantly, that data gets packaged and sold, and if a private company can buy it, why can’t a federal agency? Just purchase the data and skip the Fourth Amendment entirely.
That’s the loophole in a nutshell. The Constitution restrains what the government can search, so agencies have been shopping at the same data brokers as the shoe companies and calling it commerce instead of surveillance.
How it unraveled
When the ATF’s warrantless surveillance program surfaced in an oversight hearing, officials initially downplayed it, suggesting the tool hadn’t been used in real cases. Follow-up briefings told a different story. Lawmakers found it had been used in more than 340 searches, with over 200 tied directly to active ATF investigations. In one instance the tool was pointed at the area around a defense contractor’s office. Courts were getting uncomfortable with the tactic too, and eventually the agency dropped the ad-tech approach and went back to seeking standard court orders. Bipartisan pressure finished the job, and the contract was canceled.
Why gun owners should care
Maybe you’re thinking this is a privacy story, not a gun story. It’s both. Location data is a map of your life: which gun shops you visit, which ranges you frequent, which competitions you attend. Stitch enough of it together and you’ve built a de facto registry of gun owners without a single form being filed. Congress has repeatedly refused to authorize a registry, and it shouldn’t be possible to assemble one through a data broker’s back door.
I’ll say it plainly: a strong Fourth Amendment is one of the best shields the Second has. The legal process exists for a reason. When I run a NICS check or log a rifle into my bound book, I follow the rules to the letter, and my wife Donna makes sure of it. The agency that audits me should be held to its rules just as strictly.
Where it stands
As of this writing, the ATF’s warrantless surveillance program is discontinued and bipartisan legislation has been introduced to permanently bar agencies from buying this kind of data without a judicial order. A canceled contract isn’t a law, though. These tools have a way of coming back under new names, so check the current status before assuming the issue is settled, and pay attention to whether that legislation actually passes.
In the meantime, the practical lesson is old-fashioned: your phone talks about you constantly, and app location permissions are worth an occasional audit. If you’re new to how the legal side of gun buying actually works, my explainer on what an FFL dealer does and my guide to buying a gun online show which records exist, and which ones don’t. Questions? I’m at [email protected] or 817-393-4000.
Lance Rankin is the owner and Chief Gunsmith of Western Sport, a family-run Type 07 FFL and Class 3/SOT dealer in Roanoke, Texas, serving shooters since 2007. Born and raised in Texas with over 50 years of experience handling firearms, Lance purchased Western Sport in 2017 and turned his lifelong passion into his profession. He specializes in AR-15 and AR-10 platform rifles, manufactures Western Sport’s own AR-15 line under the Rankin Industries brand, and runs the shop’s in-house Cerakote coating operation. When he’s not behind the counter or the workbench, you’ll find him on his ranch deep into the night, hunting coyotes with an AR-15 and thermal optics. Lance holds an MBA and personally shoots and tests the products Western Sport sells.
