Stamboulieh Law, PLLC

P.O. Box 428, Olive Branch, MS 38654 | (601) 852-3440 | stephen@sdslaw.us

March 7, 2024
Federal Bureau of Investigation
Attn: FOI/PA Request
Record/Information Dissemination Section
170 Marcel Drive
Winchester, VA 22602-4843
via FBI eFOIPA portal

RE: Freedom of Information Act Request

Dear FOIA Officer:
This is a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. §
552. I represent journalist David Codrea1 in this request. Because the information
sought is believed to be with your agency, Mr. Codrea directs this FOIA to your
agency.
During an FBI/ATF Townhall at the 2024 SHOT Show, NICS Section Chief
Trudy Ford explained that using the NICS system for ammunition background
checks was not an approved use of the NICS system. However, New York appears to
be doing just that. See https://www.whec.com/top-news/some-background-checks-for-
ammunition-purchases-slow/ (“NYS Police are tasked with doing the checks. A
spokesperson has told News10NBC that Troopers use the National Instant Criminal
Background Check System (NICS) that’s used federally for gun purchases.”).
As such, Mr. Codrea requests the following records, limited to the time period
of January 1, 2021 until the date you process this FOIA:
1) All communication regarding New York’s usage of NICS for ammunition
background checks, including all correspondence between FBI and New
York for utilization of NICS for ammunition background checks;
2) All records, including memoranda of understanding, user agreements or
contracts for New York to be allowed access to the NICS system;
3) All records regarding consequences for a state misusing the NICS system
for non-approved uses, including communication/correspondence to that
state warning about non-approved uses of the NICS system and resolution
of any issue FBI raised with the state;
4) All records regarding any authority for the FBI to conduct ammunition
background checks;

1David Codrea writes for Ammoland Shooting Sports News and is a Political Field
Editor for Firearms News. See https://www.ammoland.com/author/david-codrea/ and
https://www.firearmsnews.com/.
 5) All records that discuss or describe permissible usage of the NICS system;
and
6) All records, including communication/correspondence from other states and
the FBI limited to ammunition background checks and the NICS system.
Mr. Codrea is willing to pay up to $100 for the processing of this request. Mr.
Codrea also requests a fee waiver as these materials are greatly in the public interest
and because the requested records will be distributed free of charge on the internet
and will increase the public’s awareness of the workings of government and
federal/state partnerships. Additionally, because Mr. Codrea would be considered
“media,” he is entitled to a fee waiver. See Edmonds Inst. v. DOJ, 460 F. Supp.2d 63,
72 (D.D.C. 2006); Votehemp, Inc. v. DEA, 237 F. Supp. 2d 55, 58 (D.D.C. 2002).
Pursuant to FOIA, Mr. Codrea anticipates your response within 20 (twenty)
business days. Should you require additional information, please contact me at your
convenience.
Best regards,

cc: David Codrea