This 30 days applies to NICS which is FBI, not the ATF, there's a different 30 days that applies to 4473's and the ATF.. Discontinuance of Business
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Would anyone know last time BATF were sued over stockpiled 4473s?
- Thread starter zukiphile
- Start date
This 30 days applies to NICS which is FBI, not the ATF, there's a different 30 days that applies to 4473's and the ATF.. Discontinuance of Business
Evan Thomas
New member
Just for the record, since others may also want to see it, here's the paragraph in question:scrubcedar said:Vanya, I can't find the specific reference in the link you provided but I have no reason to doubt you. I am a little surprised though, considering that he could lengthen the retention time, that he hasn't.
Federal Firearms Regulations Reference Guide, 2005, page 116
§ 25.9 Retention and destruction of records in the system.
(b)(1)(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the
transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.
I have a vague recollection (can't track down the reference right now) that the 24-hour time limit was specified by Congress; if so, it's not something Mr. Obama can change at will.§ 25.9 Retention and destruction of records in the system.
(b)(1)(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the
transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.
The only reference to a 30-day time limit in the link above is one to the effect that when a business is discontinued, records must be turned over to the ATF within 30 days. This has nothing to do with how long the ATF may retain them.JimDandy said:This 30 days applies to NICS which is FBI, not the ATF, there's a different 30 days that applies to 4473's and the ATF.. Discontinuance of BusinessThat pertains to background checks. Please cite the actual law that shows this also applies to 4473s from defunct FFLs. If you know the law is clear, then you must be able to cite the law.
They retain them from between 25 years to in perpetuity. I've heard on here from one person they destroy bound books after 25 years, but I've never seen or heard that anywhere else. When an FFL goes out of business the ATF retains the forms in their document storage warehouse in case they have an investigation.
dogtown tom
New member
There is a lot of confusion in this thread.scrubcedar
"In June 2001, U.S. Attorney General John Ashcroft announced that the Department of Justice would reduce the amount of time the FBI could retain the records of a gun purchaser's NICS check to just one business day,
NICS and a 4473 are two entirely different things.
4473's are a firearm transaction record and kept for 20 years (by the dealer) after which they may be destroyed. If the dealer discontinues business he turns over his remaining 4473's.
NICS checks are the background check required by the Brady law. Checks that result in a "Proceed" are erased at the end of the NICS business day (midnight Central time)
"Delayed" transaction information is stored until the transaction status changes to a "Proceed"....then erased at the close business.
If the "Delay" results in a "Denied" or is Denied outright the transaction information is kept permanently.
dogtown tom
New member
Any dealer who is destroying his bound book at any time is committing a felony and is an idiot. When he goes out of business he turns over ALL of his bound books to ATF.JimDandy They retain them from between 25 years to in perpetuity. I've heard on here from one person they destroy bound books after 25 years, but I've never seen or heard that anywhere else. When an FFL goes out of business the ATF retains the forms in their document storage warehouse in case they have an investigation.
Any dealer who is destroying his bound book at any time is committing a felony and is an idiot. When he goes out of business he turns over ALL of his bound books to ATF
I meant I'd been told the ATF not the dealer-(Sorry, that wasn't clear) destroyed bound books after 25 years (from a single source.)
scrubcedar
New member
Thanks guys, I knew I was confused somewhere in there. I think I'm going to admit I'm out of my depth at this point and just stick to questions in this thread.