Attorney General Cameron Calls on FedEx to Clarify Gun-PurchaseTracking Polices

FRANKFORT, Ky. (November 30, 2022) – Attorney General Daniel Cameron joined a coalition of 18 attorneys general in seeking clarification from FedEx regarding new policies related to the tracking of firearm sales. The updated policies could enable FedEx to create a database of American gun purchasers.

 “Federal law prohibits federal agencies from using gun sales to create gun registries, and we want to make sure the gun-purchase tracking policies adopted by FedEx do not undermine these essential Second Amendment protections,” said Attorney General Cameron. “We joined this letter to protect Kentucky gun owners and their data from the dangers of a centralized firearm database, and we look forward to gaining clarity from FedEx regarding the nature and intent of these policies.”

Reports indicate that FedEx recently adopted a new firearm shipping agreement that requires Federal Firearms Licenses (FFLs), that is firearm dealers, to create three separate shipping accounts: one for firearms, one for firearms parts, and one for all other firearm-related products.

In their letter, the attorneys general explain that this policy could inadvertently enable federal agencies to use gun sales records to create gun registries, which has long been prevented by federal law. They write, “Perhaps most concerning, your policies allegedly allow FedEx to ‘comply with … requests from applicable law enforcement or other governmental authorities’ even when those requests are ‘inconsistent or contrary to any applicable law.’ Under these policies, FedEx can provide information at will or upon request to federal agencies—information detailing which Americans are buying what guns.”

The coalition also notes allegations that the company’s new firearm shipping agreement with gun store owners contains a gag clause that states it is “confidential” and “may not be disclosed unless required by law.”

In addition to requesting a copy of FedEx’s new firearms shipping agreement, the attorneys general have asked the company if:

  • It enacted these policies at the request of officials in the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a different federal agency, or on its own
  • The company 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
  • It initiated these policy changes, and if so, explain why.
  • It communicated or coordinated with other shipping companies in making these changes.
  • ATF or other federal agency employees helped draft the updated shipping agreements.

Attorney General Daniel Cameron joined attorneys general from Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, New Hampshire, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming in sending the letter.

View the letter here.