West Virginia Attorney General Patrick Morrisey and 17 other state attorneys general are asking major shipping companies to clarify new policies that allow them to track firearm sales with unprecedented specificity and bypass warrant requirements to share that information with federal agencies.
According to the AG, UPS and FedEx are now burdening those who hold Federal Firearms Licenses by requiring them to ship separately and track firearms, firearms parts and firearm products so gun purchases can be tracked and retain documents about what specific items those shipments contain and make that information available to the companies upon request.
“These demands, in tandem, allow [UPS/FedEx] to create a database of American gun purchasers and determine exactly what items they purchased… In doing so you, perhaps inadvertently, give federal agencies a workaround to normal warrant requirements. This allows [UPS/FedEx] to provide information at will or upon request to federal agencies—information detailing which Americans are buying what guns,” Attorney General Morrisey joined in writing. “Additionally, we recommend that you consider taking actions to limit potential liability moving forward, including the immediate cessation of any existing warrantless information sharing with federal agencies about gun shipments.”
In addition to requesting updated FFL-related shipping policies from the two companies, Attorney General Morrisey asked them to clarify the following:
- Did UPS/FedEx enact these policies with the goal of information sharing with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or any other federal agency?
- Did UPS/FedEx enact these policies at the request of officials in ATF, a different federal agency, or on its own initiative?
- If UPS/FedEx implemented these policies at the request of a federal agency, please identify that agency, the officials who made that request, the nature of that communication, and any legal authorization cited by those officials.
- If UPS/FedEx changed its policies on its own initiative, please explain why it made those changes.
- Did UPS/FedEx communicate or coordinate with each other in making these changes?
- Did ATF or other federal agency employees help draft the updated shipping agreements?
Attorney General Morrisey joined in the Montana-led letters with his counterparts from Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, Ohio, Oklahoma, South Carolina, Texas, Utah and Wyoming.