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- ATF has a list of the origins of over 6.8 million firearms linked to criminal activity. Sounds juicy! A group files a FOIA request seeking to find out how many of those guns were owned by law enforcement (not the identities of those officers). ATF: No way; searching the database would create a new record, and we aren't required to do that. Ninth Circuit: If running a search across existing databases creates a new record, much gov't info will become forever inaccessible under FOIA, "render[ing] FOIA a nullity in the digital age."