Two prominent law firms have filed a lawsuit against the National Shooting Sports Foundation (NSSF), accusing the organization of violating the privacy rights of millions of gun owners by running a decades-long program that shared their personal information with political operatives without their consent.
The lawsuit, submitted Monday in federal court by Keller Rohrback of Seattle and Motley Rice of Connecticut, echoes findings from an investigation conducted by ProPublica, which uncovered the secret operations of the gun industry’s largest trade association.
The 24-page complaint seeks class-action status and demands financial damages from the NSSF, alleging that the organization profited by exploiting sensitive information about gun buyers for political purposes. The suit includes testimonies from two gun owners, Daniel Cocanour and Dale Rimkus, who purchased firearms from the 1990s to the mid-2010s and claim they had no knowledge of their data being shared.
According to ProPublica, at least ten major gun manufacturers, including Glock, Smith & Wesson, and Remington, provided the NSSF with hundreds of thousands of names, addresses, and other private information. The NSSF then compiled this data into a vast database, which was utilized to mobilize gun owners’ political support for candidates favored by the gun lobby in elections for both the presidency and Congress.
The information was primarily derived from warranty cards filled out by customers seeking rebates or replacements from gun manufacturers. A review of these warranty cards revealed that many promised confidentiality, while others indicated that some information could be shared with third parties for marketing purposes. However, none informed consumers that their details would be used by lobbyists and consultants to influence elections.
Cocanour and Rimkus alleged they regularly submitted personal information on warranty cards believing it served their best interests, yet they were unaware of the companies’ involvement with the NSSF program, as detailed in the lawsuit filed in Connecticut.
“Through the complaint, two brave plaintiffs have stepped forward to vindicate the rights of millions of their fellow firearms purchasers,” stated lead attorney Benjamin Gould of Keller Rohrback. “We look forward to gathering evidence to prove the truth of our allegations and holding NSSF accountable for its actions.”
Keller Rohrback specializes in cybersecurity and data breach cases and recently secured a landmark $725 million class-action settlement against Facebook for allowing Cambridge Analytica to access user data without consent. Motley Rice, one of the largest consumer protection law firms in the country, gained prominence for its lawsuits against tobacco companies in the 1990s.
Gun violence prevention advocates have lauded the lawsuit as a significant step toward holding the gun industry accountable for its data-sharing practices. “This is a hideous breach of privacy by the gun industry,” stated Justin Wagner, senior director of investigations at Everytown for Gun Safety. “The NSSF must come clean and face accountability.”
Founded in 1961 and located in Shelton, Connecticut, the NSSF represents a wide array of firearms and ammunition manufacturers, distributors, retailers, publishers, and shooting ranges. The organization did not reply to ProPublica’s request for comment but has previously defended its data practices, asserting that its actions are legal and conform to the terms and conditions set forth by individual manufacturers and data brokers.
The NSSF has faced intense scrutiny following ProPublica’s revelations. Senator Richard Blumenthal, a Democrat from Connecticut, criticized the data-sharing practices. Additionally, the advocacy group Gun Owners for Safety has called for an investigation by the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives into the NSSF. Gun Owners for Safety, affiliated with Giffords—a group co-founded by former Congresswoman Gabby Giffords, who survived an assassination attempt in 2011—advocates for improved gun safety measures. However, Chris Harris, a spokesperson for Giffords, indicated that the FBI and ATF have not responded to their inquiry regarding the NSSF.
Privacy experts have previously indicated that companies sharing data with the NSSF may have violated federal and state laws against deceptive business practices. Under federal regulations, businesses must adhere to their privacy policies and clearly articulate how consumer information will be utilized.
Shani Henry, a member of Gun Owners for Safety, remarked on the hypocrisy of the industry regarding privacy concerns. “They don’t care about our families’ safety or the rights of everyday gun owners; they’re more than happy to betray their own customers for political power and money,” she said. “Gun owners’ privacy was violated, and we deserve a full accounting of what happened and who profited from it.”
The NSSF initiated the data-sharing program around 17 months before the 2000 election, responding to a wave of financial, legal, and political challenges. By 2003, the database compiled by the NSSF—enriched with warranty card information and supplemented with data from voter rolls and hunting licenses—contained information on at least 5.5 million individuals.
Most of the companies named in the NSSF documents, including Glock and Smith & Wesson, have either declined to comment or have not responded to ProPublica’s inquiries. Remington, which has since been divided and sold, stated that it was previously unaware of the NSSF’s operations at the time. The new entity owning the former firearms division, RemArms, claimed it had not provided personal information to the NSSF or its affiliates.
In 2016, the NSSF collaborated with Cambridge Analytica to enhance its voter information in an effort to support Donald Trump’s candidacy and assist Republicans in retaining control of the Senate. Cambridge Analytica matched the individuals in the NSSF database with 5,000 additional data points about them, which included personal details such as income, debts, religious affiliations, and even preferences for specific artists and clothing sizes.
