How To Find Out A Gun Is Registered

Accurate records of gun sales aid law enforcement solve crimes and proceed guns out of the easily of ineligible individuals.

Firearm sales and background check records are disquisitional tools law enforcement can use to solve crimes involving guns and identify gun sellers and purchasers who evade the law. While federal law requires licensed gun dealers to maintain sales records, it also requires the FBI to destroy approved background check records, hampering law enforcement efforts. States can—and should—take important steps to fill the gaps in federal law.

Background

Firearm sales and background check records can be used past law enforcement in a number of means to solve gun crimes and identify gun sellers and purchasers who are violating state and federal gun laws. For example, sales records can enable officers to identify the last retail purchaser of a firearm that has been used in a law-breaking, which can pb to the identification and prosecution of violent criminals.¹

Records are most useful to constabulary enforcement when they are collected in a cardinal database and retained indefinitely. While federal police requires licensed firearms dealers to collect and maintain sales records for at least 20 years, this requirement does not extend to individual sellers. Dealer sales records are non nerveless in a federal central database. Some states, however, take enacted laws to close these gaps in federal law.

Records of background checks of prospective firearms purchasers help police enforcement deter fraud and detect dealers who might exist providing false information well-nigh the purchaser of a firearm. Far curt of requiring the FBI to maintain records of background check, federal police force actual requires this information to exist destroyed afterward 24 hours. Some of us that conduct background checks using in-state databases, such as Florida, have adopted like laws requiring records to exist destroyed.

Firearm Sales Records

Federal constabulary requires licensed firearms dealers to maintain records of gun sales for at least 20 years, including information well-nigh the firearm(s) being purchased, every bit well as the purchaser.² Federal law prohibits the federal government from collecting firearm sales records in a central repository, however.Without a cardinal repository of all firearm sales records, gun tracing is a boring, cumbersome procedure.

As described in a report from the Authorities Accountability Role, the Bureau of Booze, Tobacco, Firearms & Explosives (ATF) "must take a number of steps to trace a crime gun, including, every bit applicable, contacting the importer, manufacturer, and wholesaler of the firearm in order to identify the … retailer who sold the firearm to the first retail purchaser."³
A 2010 report past the Washington Post found that a gun tracing investigation by ATF often involves making phone calls and poring over handwritten paperwork.⁴
Co-ordinate to a 2013 report from the Center for American Progress, this "antiquated and inefficient organisation" ways that "a firearms trace can have days, or even weeks, thereby frustrating criminal investigations."⁵

Centralized records of gun buying would greatly increase the efficiency of the tracing process. These records would also help constabulary enforcement recall firearms from persons who accept go legally prohibited from possessing them, and they could be used to alarm police force enforcement to the presence of guns at a individual residence when they are responding to an emergency call.

However, in lodge for constabulary enforcement to have complete information near gun ownership, Congress would need to close the private sale loophole, which allows guns to exist sold by individuals who are non licensed firearms dealers. As detailed in our summary on Universal Background Checks, unlicensed, private sellers may legally sell guns under federal law and are non required to maintain whatsoever records. Equally a result, collecting sales information from dealers falls short of a complete repository, except in jurisdictions that require private, unlicensed sellers to conduct transfers through licensed dealers. In a 2007 report, the International Association of Chiefs of Police (IACP) establish that the absenteeism of a tape keeping requirement for individual sales means that guns sold through such sales "become more hard to trace if lost, stolen or criminally misused, making crimes involving them more difficult to solve."⁶

Background Cheque Records

Federally licensed firearm dealers are required to use the National Criminal Instant Groundwork Cheque System (NICS)^seven to bear background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal or state law.^viii Corrupt dealers engage in practices that federal law enforcement could uncover by looking at patterns in background cheque records. For instance, dealers may endeavor to hide sales to people who would fail a background check by putting the proper noun of someone with a clean record on the background bank check awarding.⁹

Another manner in which law enforcement could use background check records is to uncover gun trafficking rings. To identify gun traffickers, federal law requires dealers to report sales of more than two firearms in a 5-day flow to ATF. Individuals can simply evade this requirement by buying guns from multiple dealers. Without a centralized repository of records, dealers take no way of knowing that buyers are visiting multiple dealers. Furthermore, by requiring the FBI to destroy records of completed groundwork checks afterward 24 hours, law enforcement cannot review these records to observe patterns of multiple gun purchases and uncover gun trafficking.¹⁰

Summary of Federal Law

Licensed firearms dealers are required to maintain records of the conquering and sale of firearms for at to the lowest degree 20 years. ^eleven The dealer must tape, "in bound grade," the purchase or other acquisition of a firearm no later than the close of the next business day following the purchase or acquisition.¹² The dealer must similarly tape the sale or other disposition of a firearm non later than seven days following the date of such transaction and retain Form 4473, the Firearms Transaction Tape.^thirteen When a firearms business concern is discontinued, these records are delivered to the successor or, if none exists, to the Attorney General.^fourteen

A federally licensed firearms dealer must provide information from its records no later than 24 hours subsequently receipt of a request by ATF for utilise in a criminal investigation.¹⁵ However, federal police explicitly prohibits federal constabulary enforcement agencies from: (i) using dealers' records of sales to establish a centralized system for the registration of firearms, firearm owners, or firearm transactions; or (2) requiring dealers' records of sales to be recorded in, or transferred to a centralized facility.¹⁶ Equally a result, with very limited exceptions, records of firearm sales are not maintained at the federal level.¹⁷

Background Check Records

As of July 2004, approved purchaser information must be destroyed inside 24 hours of the official NICS response to the dealer.¹⁸ This devastation requirement has been imposed in appropriations bills as role of the so-called "Tiahrt Amendments," named after their chief proponent Rep. Todd Tiahrt (R-KS). Equally a result, ATF inspectors are no longer able to compare the information on file with the dealer to the information the dealer submitted to NICS.¹⁹ For more information near the Tiahrt Amendments, see our summary on Gun Trafficking and Straw Purchasing.

The FBI maintains indefinitely the records of prospective purchasers whose applications are denied.^xx

Summary of Land Police force

Although federal law requires licensed dealers to go on records of firearms sales, by mirroring the federal requirement, states can independently prosecute dealers who practise not follow the law. Country laws tin can likewise impose more comprehensive requirements on dealers, such every bit requiring dealers to send records to law enforcement, or requiring private sellers to maintain or transmit records.

State laws governing retention of firearm sales records fall into the following categories:

Laws that require sellers to retain sales records for a specified fourth dimension menses
Laws that require firearms sales to be reported to law enforcement.

Application of these laws to licensed dealers and individual sellers is explained below. Many of these laws utilize to the sale of handguns, merely not long guns (rifles and shotguns).

Almost state laws are silent with respect to the retention of background bank check records. Still, 9 states are required past statute to purge background cheque records after a brusque fourth dimension period.

States That Require Sellers to Retain Firearm Sales Records

19 states and the District of Columbia require at to the lowest degree some sellers to maintain at least some sales records reflecting the identity of the purchaser and the firearm purchased.²¹ As shown in the chart below, some states have two laws on this subject, which utilize in different situations depending on the blazon of firearm seller and the type of firearm being sold.

States That Require Sellers to Retain Sales Records of All Firearms

Licensed Dealers

Xi states and the District of Columbia require licensed dealers to maintain records of sales of all firearms. The period of fourth dimension these states require records to be retained range from three to twenty years, except that Maine, Maryland, Massachusetts, Michigan, New Bailiwick of jersey, and the District of Columbia practice not specify the menstruum of retention.

California²²
Connecticut²³
District of Columbia²⁴
Illinois²⁵
Maine²⁶
Maryland²⁷
Massachusetts²⁸
Michigan²⁹
New Bailiwick of jersey³⁰
Oregon³¹
Pennsylvania³²
Rhode Island³³

Private Sellers

Seven states and the District of Columbia require unlicensed private sellers to retain records of firearm sales. In Connecticut, Illinois, and Rhode Island the private sellers themselves are responsible for maintaining the record for five, 10, and 6 years respectively. California, Colorado, Delaware, New York, and the District of Columbia require licensed dealers who process private transfers of firearms to create records of those transfers and maintain them indefinitely.

California³⁴
Colorado³⁵
Connecticut³⁶
Delaware³⁷
District of Columbia³⁸
Illinois³⁹
New York⁴⁰
Rhode Isle⁴¹

States That Require Sellers to Retain Records of Handgun, But Not Long Gun, Sales

Licensed Dealers

Seven states require licensed dealers to maintain records of handgun sales, simply not long gun sales. In Vermont and Washington, the retentivity menstruation is six years. The remaining states do non specify the period of retention.

Colorado⁴²
Delaware⁴³
Florida⁴⁴
New York⁴⁵
North Carolina⁴⁶
Vermont⁴⁷
Washington (effective July one, 2019, Washington dealers must as well retain records of semiautomatic burglarize sales)⁴⁸

Private Sellers

Five states crave records of private handgun sales to be maintained. In Michigan and New Jersey, the seller must retain the records indefinitely. Maryland requires sales record retention for three years.

Maryland⁴⁹
Pennsylvania (All transfers of handguns must be conducted through licensed dealers or law enforcement, which ensures that recordkeeping requirements include private sales)⁵⁰
Michigan⁵¹
New Jersey⁵²
Washington (All firearm transfers must exist conducted through a licensed dealer, which ensures that recordkeeping requirements include individual sales)⁵³

States That Crave Sellers to Retain Firearm Sales Records⁵⁴

Country	Sales Where Records Retained	Firearm Types Where Records Retained	Duration of Required Retentiveness
California*	Dealer sales	All firearms	Indefinitely
Colorado*	All sales	Handguns	Indefinitely
Connecticut*	Dealer sales Individual sales	All firearms Handguns	v years for receipts and 20 years for applications
Delaware*	Dealer sales	All firearms	Indefinitely
Georgia	Dealer sales	All firearms	5 years
Illinois	All sales All sales	All firearms Handguns	ten years Indefinitely
Maryland*	Dealer sales	Handguns and assail weapons	3 years
Massachusetts	Dealer sales	All firearms	Indefinitely
New Jersey*	Dealer sales All sales	All firearms Handguns	Indefinitely Indefinitely
New York*	Dealer sales⁵⁵ Individual Sales⁵⁶	Handguns, short-barreled shotguns or rifles, and attack weapons All firearms	Indefinitely Indefinitely
North Carolina	Dealer sales	Handguns	Indefinitely
Oregon*	Dealer sales	All firearms	Five Years
Pennsylvania	Dealer sales	All firearms	twenty Years
Rhode Island	All sales Dealer sales	All firearms All firearms	6 years Indefinitely
Vermont*	Dealer sales	Handguns	Six years
Virginia*	Dealer sales	All firearms Machine guns and "sawed-off" rifles and shotguns	Two years Indefinitely
Washington*	Dealer sales	Handguns and semiautomatic rifles	Indefinitely
Wisconsin	Dealer sales	Handguns	Indefinitely
District of Columbia	Dealer sales	All firearms	Indefinitely

* States that require relevant private sales to be candy through a licensed dealer

States That Require Sellers to Report Firearm Sales to Law Enforcement

11 states require sellers to report firearm sales data identifying the purchaser and firearm purchased to law enforcement. These land statutes do non specify the length of time law enforcement must retain the records. Police enforcement in the District of Columbia has access to information regarding purchasers of all firearms through its registration requirements.⁵⁷

States That Crave the Reporting of All Firearm Sales

Licensed Dealers

Five states require licensed dealers to report all firearm transactions to law enforcement.

California⁵⁸
Connecticut⁵⁹
Hawaii⁶⁰
Massachusetts⁶¹
Rhode Isle⁶² (State law requires all firearm sellers or transferors, including licensed dealers, to submit copies of a specified firearm awarding form to state and local police enforcement, though these agencies are generally required to destroy these forms inside 30 days).

Private Sellers

Iv states require the reporting of sales of all firearms by individual sellers. In California, all firearm transfers must be conducted through licensed dealers, thereby ensuring that record of sale reporting requirements will include private sales too.

Connecticut⁶³
Hawaii⁶⁴
Massachusetts⁶⁵
Rhode Island⁶⁶ (Land law requires all firearm sellers or transferors, including individual sellers, to submit copies of a specified firearm awarding form to state and local law enforcement, though these agencies are generally required to destroy these forms within xxx days).

States That Require the Reporting of Handgun, But Not Long Gun, Sales

Licensed Dealers

Vi states require licensed dealers to report all handgun sales, just not long gun sales, to state or local police enforcement.⁶⁷

Maryland⁶⁸
Michigan⁶⁹
New Jersey⁷⁰
New York⁷¹
Pennsylvania⁷²
Washington (effective July ane, 2019, Washington dealers must also report sales of semiautomatic rifles)⁷³

Private Sellers

Five states besides require private sales of handguns, but not long guns, to be reported to law enforcement. In New York, constabulary enforcement has access to information about individuals who accept purchased handguns from private sellers through that state's licensing program.⁷⁴ In Washington, all firearm transfers must be conducted through a licensed dealer, thereby ensuring that sales reporting requirements will include individual sales.

Maryland⁷⁵
Michigan⁷⁶
New Jersey⁷⁷
Pennsylvania⁷⁸
Washington⁷⁹

States that Require Reporting of Firearm Sales to Law Enforcement or to the Country⁸⁰

Land	Sales that must be reported	Firearm types where sales reported
California*	Dealer sales	All firearms
Connecticut	All dealer sales,⁸¹ and private sales of handguns	Dealers: all firearms Private sales: handguns
Hawaii	All sales⁸²	All firearms
Maryland*	All sales	Handguns and assault weapons
Massachusetts	All sales	All firearms
Michigan	All sales	Handguns
New Jersey*	Dealer sales⁸³	Handguns
New York*	Dealer sales	Handguns, short-barreled shotguns or rifles, and assault weapons
Oregon*	Transfers of used firearms by dealers	All firearms
Pennsylvania*	Dealer sales	Handguns and short-barreled shotguns or rifles
Rhode Island	All sales⁸⁴	All firearms
Virginia*⁸⁵	Dealer sales	Bulk handgun transactions
Washington*	Dealer sales	Handguns and semiautomatic rifles
District of Columbia⁸⁶	Dealer sales All sales	Any transactions requested by the Chief of Police force All firearms

* States that crave relevant private sales to be processed through a licensed dealer

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States That Are Required by Statute to Purge Background Check Records

In some states where a seller contacts a land agency to conduct a background check, state laws require the agency to destroy the completed background cheque record.⁸⁷ The post-obit ix statesspecify short fourth dimension limits after which firearm background cheque records must be purged, ranging from immediately upon approval of the application to sixty days after the awarding is approved.⁸⁸ In addition, Pennsylvania requires the State Police to destroy its records of sales of long guns (merely not handguns) inside 72 hours of the background check.⁸⁹

Alabama^xc
Florida⁹¹
Nebraska⁹²
New Hampshire⁹³
Rhode Island⁹⁴
Tennessee⁹⁵
Utah⁹⁶
Virginia⁹⁷
Wisconsin⁹⁸

Central Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction because new legislation should consult with counsel.

Dealers are required to retain records of all firearms transfers(11 states and the District of Columbia).
Individual sellers are subject to similar record keeping requirements as licensed dealers, either because all transfers are conducted through licensed dealers(California, Colorado, Delaware, New York, and the District of Columbia), or because the requirements separately are imposed on private sellers(Connecticut, Illinois, Rhode Island).
The retentivity menstruation, if non indefinite, is for a lengthy catamenia of time(Pennsylvania – 20 years, Illinois – ten years).
Dealers and individual sellers are required to written report information on all firearm transfers to law enforcement(California, Connecticut, Hawaii, and Massachusetts).
Constabulary enforcement is required to retain firearm transfer information indefinitely.
Police enforcement is required to retain background check records indefinitely.

Trafficking & Straw Purchasing

Gun trafficking and straw purchasing dangerously undermine states' gun safety laws and bulldoze the illegal firearms market place.

Registration

Firearm registration systems are a useful method of curbing illegal gun activity and encouraging responsible gun practices.

Licensing

Licensing laws are condom measures proven to promote safety gun ownership and reduce gun deaths.

A system of firearm registration by owners likewise provides law enforcement with firearm buying data that may be used to trace crime guns. Additional information on registration is contained in our summary on the Registration of Firearms.[↩]
Dealers tape sales information on a federal Firearms Transaction Record (ATF Form 4473). Additional information on ATF Form 4473 is independent in our study For the Record: NICS & Public Safe.[↩]
U.s. Gov't Accountability Office,Firearms Trafficking: United states of america Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges 25 (June 2009), http://www.gao.gov/products/GAO-09-709. The National Tracing Center (NTC) of ATF tracks the purchase histories of crime guns recovered by federal, land, local and international law enforcement agencies. In requesting a crime gun trace, a law enforcement agency provides ATF with information on the make, model and series number of the firearm, and the circumstances of its recovery.In 2003, the NTC was able to identify the initial retail purchaser of a crime gun 50 to 60% of the time. Office of the Inspector General, US Department of Justice,Inspections of Firearms Dealers by the Bureau of Booze, Tobacco, Firearms and Explosives,Evaluation & Inspection Written report I-2004-005(July 2004): 8-9, http://world wide web.usdoj.gov/oig/reports/ATF/e0405/final.pdf. Later on learning the identity of the initial retail purchaser, agents must and so contact him or her to follow the chain of custody of the gun through any subsequent private sales.[↩]
SeeSari Horwitz and James 5. Grimaldi, "ATF's Oversight Express in Face of Gun Entrance hall," Launder. Post, Oct. 26, 2010, http://world wide web.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823.html?sub=AR.[↩]
Center for American Progress,Blindfolded, and with One Manus Tied Behind the Back: How the Gun Lobby Has Debilitated Federal Action on Guns and What President Obama Can Practise Most It (March 2013), http://world wide web.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-vii.pdf.[↩]
Int'l Ass'n of Chiefs of Police (IACP),Taking a Stand: Reducing Gun Violence in Our Communities (2007): 14, https://www.theiacp.org/resources/taking-a-stand-reducing-gun-violence-in-our-communities.[↩]
In "point of contact" (POC) states, the dealer contacts a state agency that contacts NICS to meet this requirement and some POC states bank check in-state databases equally well. For more most NICS and POC states, visit our NICS policy page.[↩]
Some states also require private sellers to bear background checks on prospective purchasers. Additional data on private sales is contained in the department on Universal Groundwork Checks. Additional information on background checks is independent in the section on Groundwork Check Procedures.[↩]
Evaluation & Inspection Study, supra note three, at x-xi; Eye for American Progress,Blindfolded, and with One Mitt Tied Behind the Back (March 18, 2013): four-5, http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-vii.pdf. [↩]
Id.[↩]
eighteen U.S.C. § 923(g)(ane)(A). Run into also 27 C.F.R. § 478.129 (stating that such records must be maintained for at least 20 years).[↩]
27 C.F.R. § 478.125(e).[↩]
Id., 27 C.F.R. § 478.124(b). If the auction is canonical, NICS provides the dealer with a unique identification number. The dealer records this number and certain information well-nigh the firearm to exist transferred, including the manufacturer, blazon, model, caliber or gauge and series number, on Course 4473. Id., 27 C.F.R. § 478.124(c). The dealer is required to retain Form 4473, regardless of whether the transaction is approved or denied or whether the firearm is really transferred. 27 C.F.R. § 478.102.[↩]
18 United states of americaC. § 923(chiliad)(4).[↩]
18 United states of americaC. § 923(k)(7), 27 C.F.R. § 478.25a. See Bureau of Booze, Tobacco, Firearms & Explosives,National Tracing Center Fact Canvass (May 2018), https://www.atf.gov/resource-middle/fact-sheet/fact-sheet-national-tracing-center.[↩]
18 U.s.C. § 926.[↩]
As described in our summary on the Registration of Firearms, ATF does maintain a express registry of machine guns, curt-barreled shotguns or rifles, and silencers, known as the National Firearms Registration and Transfer Tape. "National Firearms Act," Bureau of Alcohol, Tobacco, Firearms and Explosives, Accessed November 21, 2018, https://www.atf.gov/rules-and-regulations/national-firearms-act. Car guns were banned in 1986, and it is unlawful to possess or transfer a machine gun unless it was lawfully owned prior to May 19, 1986.[↩]
The requirement that approved purchaser information be destroyed within twenty-4 hours has been included in appropriations bills funding the Department of Justice (which includes ATF and the FBI). SeeConsolidated Appropriations Act of 2004, Pub. Fifty. No. 108-199, § 617, 118 Stat. 3 (2004); Consolidated Appropriations Act of 2005, Pub. L. No. 108-447, § 615, 118 Stat. 2809, 2915 (2005); Science, State, Justice, Commerce, and Related Appropriations Human action of 2006, Pub. 50. No. 109-108, § 611, 119 Stat. 2290, 2336 (2005); Revised Continuing Appropriations Resolution, 2007, Pub. L. No. 110-five, 121 Stat. 8 (2007); Consolidated Appropriations Act of 2008, Pub. L. No. 110-161, 121 Stat. 1844 § 512 (2007); Omnibus Appropriations Act, 2009, Pub. L. No. 111-viii, § 511, 123 Stat. 524 (2008), Consolidated Appropriations Act 2010, Pub. L. No. 111–117, 123 Stat. 3128-3129 (2009); Consolidated and Further Standing Appropriations Human activity 2012, Pub. 50. No. 112-55, § 511, 125 Stat. 552 (2011). This language includes "time to come linguistic communication" making these restrictions permanent until Congress makes an affirmative attempt to remove them. See Heart for American Progress,Blindfolded, and with One Hand Tied Behind the Dorsum (March eighteen, 2013), http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.pdf; Congressional Inquiry Service,Gun Control Legislation (Nov. 14, 2012): 33, at https://fas.org/sgp/crs/misc/RL32842.pdf. Each of these acts contains additional provisions which restrict disclosure of information obtained by ATF via criminal offence gun traces. [↩]
Evaluation & Inspection Report, supraannotation 3, at x-eleven; 51-54.[↩]
28 C.F.R. § § 25.9(a).[↩]
Missouri makes information technology a state crime for a firearms dealer to violate the federal requirement to create a record of sale. See Mo. Rev. Stat. § 571.080, referring to 18 U.s.C. § 922(b). Tennessee and Wyoming laws are similar to Missouri. See Tenn. Code § 39-17-1316; Wyo. Stat. Ann. § 6-8-203. Virginia requires dealers to retain a consent form from a firearms purchaser for two years, but this form does not include descriptive information about the firearm purchased. Run into Va. Code Ann. § 54.1-4201. Wisconsin's law is similar to Virginia's, but it does non specify a time menstruation. See Wis. Stat. § 175.35.[↩]
Cal. Penal Code §§ 11105, 11106, 28100-28215.[↩]
Conn. Gen. Stat. §§ 29-31, 29-33(due east), 29-37a(d), (f)(three).[↩]
D.C. Lawmaking Ann. § 7-2504.04(a)(3), (b).[↩]
430 Ill. Comp. Stat. 65/3(b), 720 Ill. Comp. Stat. 5/24-4.[↩]
Me. Rev. Stat. Ann. tit. 15, § 455.[↩]
Doctor. Code Ann., Pub. Safety §§ 5-101, 5-120, 5-145, Physician. Code Regs. 29.03.01.12(D).[↩]
Mass. Gen. Laws ch. 140, § 123.[↩]
Mich. Comp. Laws §§ 28.422(five), 28.422a(2), 750.232.[↩]
New Jersey's statute regarding dealers' sales records refers to handguns, but an authoritative regulation applies to all firearms.SeeJ. Stat. Ann. §§ 2C:58-2b, 2C:58-3h, Northward.J. Admin. Code §§ 13:54-1.8(b), 13:54-3.fourteen.[↩]
Or. Rev. Stat. §§ 166.412(2)(f), 166.434.[↩]
18 Pa. Cons. Stat. §§ 6111(b)(one), (one.ane), (1.four), (c), 6113(a)(5), (d), 37 Pa. Code § 33.111.[↩]
R.I. Gen. Laws §§ 11-47-40; 11-47-35(a)(2), 11-47-35.two(b).[↩]
Cal. Penal Code §§ 11105, 11106, 28100-28215.[↩]
Colo. Rev. Stat. §§ 12-26-102, 12-26-103, 18-12-112.[↩]
Conn. Gen. Stat. §§ 29-31, 29-33(e), 29-37a(d), (f)(3).[↩]
Del. Code Ann. Tit. 11, § 1448B, tit. 24, §§ 904, 904A.[↩]
D.C. Code Ann. § seven-2504.04(a)(3), (b).[↩]
430 Ill. Comp. Stat. 65/3(b), 720 Ill. Comp. Stat. 5/24-4.[↩]
N.Y. Gen. Bus. Police § 898, N.Y. Penal Law §§ 265.00(3), 400.00(12).[↩]
R.I. Gen. Laws §§ eleven-47-35(a)(2), 11-47-35.ii(b).[↩]
Colo. Rev. Stat. §§ 12-26-102, 12-26-103, 18-12-112.[↩]
Del. Code Ann. tit. eleven, § 1448B, tit. 24, §§ 904, 904A.[↩]
Fla. Stat. §§ 790.065, 790.0655.[↩]
N.Y. Gen. Bus. Police § 898, North.Y. Penal Constabulary §§ 265.00(iii), 400.00(12).[↩]
N.C. Gen. Stat. § 14-406.[↩]
Vt. Stat. Ann. tit. thirteen, § 4006.[↩]
Wash. Rev. Code Ann. § 9.41.110(9), nine.41.129.[↩]
Md. Code Ann., Pub. Safety §§ 5-101, 5-120, 5-145, Md. Code Regs. 29.03.01.09(D).[↩]
xviii Pa. Cons. Stat. §§ 6111(b)(1), (ane.1), (1.4), (c), 6113(a)(5), (d), 37 Pa. Code § 33.111.[↩]
Mich. Comp. Laws §§ 28.422(v), 28.422a(2), 750.232.[↩]
N.J. Stat. Ann. §§ 2C:58-2b, 2C:58-3h.[↩]
Wash. Rev. Code Ann. § ix.41.110(nine).[↩]
See lists above for citations.[↩]
Does non include dealers who sell only long guns[↩]
This is a record to ostend that a background check occurred. State police does non specify what information has to be in the form.[↩]
D.C. Code §§ 7-2502.08, 22-4510.[↩]
Cal. Penal Code §§ 28210, 11106.[↩]
Conn. Gen. Stat. §§ 29-33(e), 29-37a(d), (f)(3).[↩]
Haw. Rev. Stat. § 134-ii(f).[↩]
Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B.[↩]
R.I. Gen. Laws § xi-47-35(a)(2); eleven-47-35.2(b)(2).[↩]
Conn. Gen. Stat. §§ 29-33(e), 29-37a(d), (f)(three).[↩]
Haw. Rev. Stat. § 134-2(f).[↩]
Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B.[↩]
R.I. Gen. Laws § eleven-47-35(a)(ii); 11-47-35.ii(b)(two).[↩]
In Oregon, dealers ownership or accepting in trade used firearms are required to tape the proper name of the person selling or trading the firearm, and the make, model and manufacturer's identification number of the firearm, and submit a copy of the tape to local police force enforcement. Or. Rev. Stat. § 166.427.[↩]
Md. Code Ann., Pub. Safety §§ 5-101(r), 5-120, 5-123(d), 5-124(e).[↩]
Mich. Comp. Laws §§ 28.422(5), (half dozen), 28.422a(2), (3).[↩]
North.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Lawmaking §§ xiii:54-1.8(b).[↩]
N.Y. Penal Law §§ 265.00(3), 400.00(12).[↩]
eighteen Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(ane.4).[↩]
Wash. Rev. Code Ann. §§ nine.41.110(ix), ix.41.129.[↩]
Encounter N.Y. Penal Law § 400.00.[↩]
Medico. Lawmaking Ann., Pub. Safety §§ v-101(r), 5-120, v-123(d), 5-124(east).[↩]
Mich. Comp. Laws §§ 28.422(v), (6), 28.422a(2), (iii).[↩]
N.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Lawmaking §§ 13:54-1.8(b).[↩]
18 Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.4).[↩]
Wash. Rev. Code Ann. § 9.41.110(9).[↩]
Run across lists above for citations.[↩]
Connecticut requires recordkeeping for all sales or transfers "at retail."[↩]
Hawaii requires records through registration, non through dealer reporting. Run into our page on Registration in Hawaii for more information.[↩]
New Jersey'southward police applies to people engaged in the "retail sale" of firearms.[↩]
Bailiwick to certain exceptions, such as for people licensed to behave handguns.[↩]
Although records are non sent to police force enforcement, they retain these records through the background check process. The Virginia State Law are the state indicate of contact for background checks. They are generally required to destroy records of background checks that have taken place. However, records from majority handgun transactions must be maintained for 12 months.[↩]
The District of Columbia has a constabulary specifically requiring the reporting of certain transactions. It also has a registration law which requires gun owners to report any firearms they acquire to police enforcement. For more information, run into our page on Registration in Washington DC.[↩]
An administrative regulation in Colorado requires the destruction of background check records inside 24 hours. 8 Colo. Code Regs. § 1507-20.[↩]
In improver, Oregon statutes provide that the statemay retain records of background checks for no more than than v years. Or. Rev. Stat. §§ 166.412, 166.434. Minnesota allows a person who has received a handgun or semiautomatic military-manner assault weapon from a dealer to submit a request to police force enforcement that no tape be maintained of the transfer. Law enforcement must then return the written report of the awarding for the transfer to that person. No state regime employee or agency may thereafter maintain a record of the transfer. Minn. Stat. § 624.7132, subd. 10.[↩]
18 Pa. Cons. Stat. Ann. § 6111(b)(1.1)(5).See Allegheny County Sportsmen's League v. Rendell, 860 A.2nd 10 (Pa. 2004) (holding that long gun sales records, just non handgun sales records, must exist destroyed).[↩]
Code of Ala. § 13A-xi-79(b).[↩]
Fla. Stat. Ann. §§ 790.335, 790.065(iv)(a).[↩]
Neb. Rev. Stat. Ann. § 69-2412.[↩]
N.H. Rev. Stat. Ann. § 159-D:two.[↩]
R.I. Gen. Laws §§ eleven-47-35(a)(ii), 11-47-35.2(b)(2).[↩]
Tenn. Lawmaking Ann. § 39-17-1316(j).[↩]
Utah Code Ann. § 76-x-526(eight).[↩]
The Virginia State Police must retain background check records for approved purchasers of multiple handgun transactions for 12 months. Va. Lawmaking Ann. § eighteen.2-308.2:ii(B)(3).[↩]
Wis. Stat. § 175.35(2k)(ar).[↩]