How To Find Out List Of Gun Registered In My Name
Authentic records of gun sales help law enforcement solve crimes and go on guns out of the hands of ineligible individuals.
Firearm sales and background check records are critical tools law enforcement tin can utilise to solve crimes involving guns and identify gun sellers and purchasers who evade the constabulary. 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—accept important steps to fill the gaps in federal law.
Background
Firearm sales and background cheque records can exist used by law enforcement in a number of ways 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 place the final retail purchaser of a firearm that has been used in a crime, which can atomic number 82 to the identification and prosecution of vehement criminals.1
Records are most useful to law enforcement when they are collected in a central database and retained indefinitely. While federal law requires licensed firearms dealers to collect and maintain sales records for at to the lowest degree xx years, this requirement does not extend to private sellers. Dealer sales records are non collected in a federal central database. Some states, still, have enacted laws to shut these gaps in federal police force.
Records of background checks of prospective firearms purchasers assist police enforcement deter fraud and detect dealers who might exist providing faux information about the purchaser of a firearm. Far short of requiring the FBI to maintain records of groundwork check, federal police force bodily requires this information to be destroyed after 24 hours. Some of u.s. that acquit background checks using in-land databases, such as Florida, have adopted similar laws requiring records to be destroyed.
Firearm Sales Records
Federal law requires licensed firearms dealers to maintain records of gun sales for at least twenty years, including information about the firearm(s) being purchased, likewise as the purchaser.ii Federal law prohibits the federal government from collecting firearm sales records in a key repository, however.Without a fundamental repository of all firearm sales records, gun tracing is a ho-hum, cumbersome process.
- Equally described in a study from the Regime Accountability Role, the Bureau of Booze, Tobacco, Firearms & Explosives (ATF) "must take a number of steps to trace a law-breaking gun, including, as applicable, contacting the importer, manufacturer, and wholesaler of the firearm in gild to identify the … retailer who sold the firearm to the first retail purchaser."3
- A 2010 study by the Washington Post plant that a gun tracing investigation by ATF often involves making phone calls and poring over handwritten paperwork.4
- Co-ordinate to a 2013 written report from the Center for American Progress, this "antiquated and inefficient system" means that "a firearms trace can accept days, or even weeks, thereby frustrating criminal investigations."5
Centralized records of gun ownership would greatly increase the efficiency of the tracing procedure. These records would besides assist law enforcement retrieve firearms from persons who have become legally prohibited from possessing them, and they could be used to alarm law enforcement to the presence of guns at a private residence when they are responding to an emergency call.
However, in order for law enforcement to have complete information well-nigh gun ownership, Congress would need to shut the individual sale loophole, which allows guns to be 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 nether federal law and are not required to maintain any records. As a consequence, collecting sales data from dealers falls short of a complete repository, except in jurisdictions that require private, unlicensed sellers to deport transfers through licensed dealers. In a 2007 study, the International Association of Chiefs of Police (IACP) institute that the absenteeism of a tape keeping requirement for private sales ways that guns sold through such sales "become more difficult to trace if lost, stolen or criminally misused, making crimes involving them more hard to solve."six
Groundwork Cheque Records
Federally licensed firearm dealers are required to use the National Criminal Instant Background Bank check System (NICS)vii to carry background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal or country law.8 Corrupt dealers appoint in practices that federal constabulary enforcement could uncover past looking at patterns in background check records. For case, dealers may attempt to hide sales to people who would fail a background bank check past putting the name of someone with a clean record on the background check application.9
Another fashion 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 than two firearms in a v-twenty-four hours period to ATF. Individuals can simply evade this requirement past buying guns from multiple dealers. Without a centralized repository of records, dealers have no way of knowing that buyers are visiting multiple dealers. Furthermore, by requiring the FBI to destroy records of completed groundwork checks after 24 hours, police enforcement cannot review these records to find patterns of multiple gun purchases and uncover gun trafficking.x
Summary of Federal Law
Licensed firearms dealers are required to maintain records of the acquisition and sale of firearms for at to the lowest degree 20 years. 11 The dealer must tape, "in jump form," the purchase or other conquering of a firearm no later than the close of the next business organization day post-obit the purchase or acquisition.12 The dealer must similarly record the auction or other disposition of a firearm not later than seven days following the engagement of such transaction and retain Grade 4473, the Firearms Transaction Record.13 When a firearms business is discontinued, these records are delivered to the successor or, if none exists, to the Attorney Full general.xiv
A federally licensed firearms dealer must provide information from its records no subsequently than 24 hours after receipt of a asking by ATF for employ in a criminal investigation.fifteen Notwithstanding, federal law explicitly prohibits federal law enforcement agencies from: (ane) using dealers' records of sales to establish a centralized arrangement 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 As a issue, 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 within 24 hours of the official NICS response to the dealer.eighteen This destruction requirement has been imposed in appropriations bills equally part of the so-called "Tiahrt Amendments," named after their chief proponent Rep. Todd Tiahrt (R-KS). As a outcome, ATF inspectors are no longer able to compare the data on file with the dealer to the data the dealer submitted to NICS.xix For more information about the Tiahrt Amendments, encounter our summary on Gun Trafficking and Straw Purchasing.
The FBI maintains indefinitely the records of prospective purchasers whose applications are denied.twenty
Summary of State Law
Although federal law requires licensed dealers to keep records of firearms sales, past mirroring the federal requirement, states can independently prosecute dealers who do not follow the constabulary. State laws can also impose more than comprehensive requirements on dealers, such as 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 period
- Laws that require firearms sales to be reported to law enforcement.
Application of these laws to licensed dealers and private sellers is explained below. Many of these laws utilize to the sale of handguns, merely not long guns (rifles and shotguns).
Most state laws are silent with respect to the retentivity of background check records. However, 9 states are required by statute to purge background bank check records afterward a curt time period.
States That Require Sellers to Retain Firearm Sales Records
Xix states and the District of Columbia require at least some sellers to maintain at to the lowest degree 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 area, which utilise in dissimilar situations depending on the type of firearm seller and the blazon of firearm being sold.
States That Require Sellers to Retain Sales Records of All Firearms
Licensed Dealers
Eleven states and the District of Columbia require licensed dealers to maintain records of sales of all firearms. The period of time these states require records to exist retained range from iii to 20 years, except that Maine, Maryland, Massachusetts, Michigan, New Jersey, and the District of Columbia do non specify the flow of retention.
- California22
- Connecticut23
- Commune of Columbia24
- Illinois25
- Maine26
- Maryland27
- Massachusetts28
- Michigan29
- New Jersey30
- Oregon31
- Pennsylvania32
- Rhode Island33
Individual Sellers
Vii states and the District of Columbia crave unlicensed private sellers to retain records of firearm sales. In Connecticut, Illinois, and Rhode Island the individual sellers themselves are responsible for maintaining the record for 5, ten, and six years respectively. California, Colorado, Delaware, New York, and the District of Columbia crave 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 Yorkxl
- Rhode Isle41
States That Require Sellers to Retain Records of Handgun, Only Non Long Gun, Sales
Licensed Dealers
Seven states require licensed dealers to maintain records of handgun sales, but not long gun sales. In Vermont and Washington, the retention period is half-dozen years. The remaining states do not specify the menstruum of retention.
- Colorado42
- Delaware43
- Florida44
- New York45
- North Carolina46
- Vermont47
- Washington (effective July i, 2019, Washington dealers must also retain records of semiautomatic rifle sales)48
Private Sellers
Five states require records of private handgun sales to be maintained. In Michigan and New Bailiwick of jersey, the seller must retain the records indefinitely. Maryland requires sales record memory for 3 years.
- Maryland49
- Pennsylvania (All transfers of handguns must be conducted through licensed dealers or police force enforcement, which ensures that recordkeeping requirements include private sales)50
- Michigan51
- New Bailiwick of jersey52
- Washington (All firearm transfers must exist conducted through a licensed dealer, which ensures that recordkeeping requirements include private sales)53
States That Require Sellers to Retain Firearm Sales Records54
State | Sales Where Records Retained | Firearm Types Where Records Retained | Elapsing of Required Retention |
---|---|---|---|
California* | Dealer sales | All firearms | Indefinitely |
Colorado* | All sales | Handguns | Indefinitely |
Connecticut* | Dealer sales Private sales | All firearms Handguns | 5 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 | 10 years Indefinitely |
Maryland* | Dealer sales | Handguns and assault weapons | three years |
Massachusetts | Dealer sales | All firearms | Indefinitely |
New Bailiwick of jersey* | Dealer sales All sales | All firearms Handguns | Indefinitely Indefinitely |
New York* | Dealer sales55 Private Sales56 | Handguns, brusque-barreled shotguns or rifles, and assault weapons All firearms | Indefinitely Indefinitely |
North Carolina | Dealer sales | Handguns | Indefinitely |
Oregon* | Dealer sales | All firearms | V Years |
Pennsylvania | Dealer sales | All firearms | 20 Years |
Rhode Island | All sales Dealer sales | All firearms All firearms | Six years Indefinitely |
Vermont* | Dealer sales | Handguns | Vi years |
Virginia* | Dealer sales | All firearms Automobile guns and "sawed-off" rifles and shotguns | Ii 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 Sellers to Study Firearm Sales to Police Enforcement
Eleven states require sellers to report firearm sales information identifying the purchaser and firearm purchased to law enforcement. These state statutes do non specify the length of time law enforcement must retain the records. Law enforcement in the District of Columbia has admission to data regarding purchasers of all firearms through its registration requirements.57
States That Require the Reporting of All Firearm Sales
Licensed Dealers
Five states require licensed dealers to report all firearm transactions to law enforcement.
- California58
- Connecticut59
- Hawaiithreescore
- Massachusetts61
- Rhode Isle62 (State police force requires all firearm sellers or transferors, including licensed dealers, to submit copies of a specified firearm application form to state and local police force enforcement, though these agencies are generally required to destroy these forms within xxx days).
Individual Sellers
Four states require the reporting of sales of all firearms by private sellers. In California, all firearm transfers must be conducted through licensed dealers, thereby ensuring that tape of sale reporting requirements will include private sales besides.
- Connecticut63
- Hawaii64
- Massachusetts65
- Rhode Isle66 (State constabulary requires all firearm sellers or transferors, including private 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 Crave the Reporting of Handgun, But Not Long Gun, Sales
Licensed Dealers
Six states crave licensed dealers to report all handgun sales, but not long gun sales, to state or local constabulary enforcement.67
- Maryland68
- Michigan69
- New Jersey70
- New York71
- Pennsylvania72
- Washington (effective July ane, 2019, Washington dealers must likewise study sales of semiautomatic rifles)73
Private Sellers
Five states also require private sales of handguns, simply non long guns, to be reported to law enforcement. In New York, law enforcement has access to data about individuals who accept purchased handguns from individual 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 private sales.
- Maryland75
- Michigan76
- New Jersey77
- Pennsylvania78
- Washington79
States that Require Reporting of Firearm Sales to Law Enforcement or to the State80
State | Sales that must be reported | Firearm types where sales reported |
---|---|---|
California* | Dealer sales | All firearms |
Connecticut | All dealer sales,81 and individual sales of handguns | Dealers: all firearms Private sales: handguns |
Hawaii | All sales82 | All firearms |
Maryland* | All sales | Handguns and set on 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 Isle | 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 Law All firearms |
GET THE FACTS
Gun violence is a complex problem, and while at that place's no 1-size-fits-all solution, we must human action. Our reports bring y'all the latest cutting-edge research and analysis about strategies to end our state's gun violence crisis at every level.
Acquire MoreStates That Are Required past Statute to Purge Background Check Records
In some states where a seller contacts a country agency to conduct a background cheque, state laws crave the agency to destroy the completed background check tape.87 The following nine statesspecify brusk time limits subsequently which firearm background check records must be purged, ranging from immediately upon approval of the awarding to threescore days after the application is approved.88 In addition, Pennsylvania requires the State Police to destroy its records of sales of long guns (but not handguns) inside 72 hours of the background check.89
- Alabama90
- Florida91
- Nebraska92
- New Hampshire93
- Rhode Island94
- Tennessee95
- Utah96
- Virginia97
- Wisconsin98
Key Legislative Elements
The features listed beneath are intended to provide a framework from which policy options may be considered. A jurisdiction considering 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 Commune of Columbia), or because the requirements separately are imposed on private sellers(Connecticut, Illinois, Rhode Island).
- The retention period, if not indefinite, is for a lengthy period of fourth dimension(Pennsylvania – xx years, Illinois – x years).
- Dealers and private sellers are required to report information on all firearm transfers to police force enforcement(California, Connecticut, Hawaii, and Massachusetts).
- Law enforcement is required to retain firearm transfer data indefinitely.
- Law enforcement is required to retain background check records indefinitely.
Trafficking & Straw Purchasing
Gun trafficking and harbinger purchasing dangerously undermine states' gun prophylactic laws and drive the illegal firearms market.
Registration
Firearm registration systems are a useful method of curbing illegal gun activity and encouraging responsible gun practices.
Licensing
Licensing laws are safety measures proven to promote condom gun ownership and reduce gun deaths.
- A system of firearm registration by owners too provides law enforcement with firearm ownership information that may exist used to trace law-breaking guns. Additional information on registration is independent in our summary on the Registration of Firearms.[↩]
- Dealers record sales data on a federal Firearms Transaction Record (ATF Form 4473). Boosted information on ATF Form 4473 is contained in our report For the Record: NICS & Public Safety.[↩]
- United states Gov't Accountability Function,Firearms Trafficking: US Efforts to Combat Arms Trafficking to United mexican states Face Planning and Coordination Challenges 25 (June 2009), http://world wide web.gao.gov/products/GAO-09-709. The National Tracing Center (NTC) of ATF tracks the purchase histories of criminal offense guns recovered past federal, state, local and international police enforcement agencies. In requesting a crime gun trace, a law enforcement bureau provides ATF with information on the brand, model and serial 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 l to 60% of the time. Office of the Inspector Full general, US Department of Justice,Inspections of Firearms Dealers past the Bureau of Alcohol, Tobacco, Firearms and Explosives,Evaluation & Inspection Report I-2004-005(July 2004): eight-9, http://www.usdoj.gov/oig/reports/ATF/e0405/concluding.pdf. Later learning the identity of the initial retail purchaser, agents must then contact him or her to follow the chain of custody of the gun through any subsequent individual sales.[↩]
- SeeSari Horwitz and James Five. Grimaldi, "ATF's Oversight Limited in Face of Gun Lobby," Wash. Mail, October. 26, 2010, http://world wide web.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823.html?sub=AR.[↩]
- Centre for American Progress,Blindfolded, and with 1 Hand Tied Behind the Back: How the Gun Lobby Has Debilitated Federal Action on Guns and What President Obama Can Practise About It (March 2013), http://world wide web.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.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/resource/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 check in-country databases too. For more than near NICS and POC states, visit our NICS policy folio.[↩]
- Some states besides crave individual sellers to comport background checks on prospective purchasers. Additional information on private sales is independent in the section on Universal Background Checks. Additional information on background checks is contained in the section on Background Check Procedures.[↩]
- Evaluation & Inspection Study, supra notation iii, at 10-11; Center for American Progress,Blindfolded, and with I Mitt Tied Behind the Back (March eighteen, 2013): 4-five, http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-vii.pdf. [↩]
- Id.[↩]
- 18 U.Southward.C. § 923(yard)(1)(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 virtually the firearm to be transferred, including the manufacturer, type, model, caliber or gauge and serial number, on Form 4473. Id., 27 C.F.R. § 478.124(c). The dealer is required to retain Class 4473, regardless of whether the transaction is approved or denied or whether the firearm is actually transferred. 27 C.F.R. § 478.102.[↩]
- 18 U.S.C. § 923(g)(4).[↩]
- eighteen U.S.C. § 923(g)(7), 27 C.F.R. § 478.25a. Meet Bureau of Alcohol, Tobacco, Firearms & Explosives,National Tracing Centre Fact Sheet (May 2018), https://world wide web.atf.gov/resource-center/fact-sheet/fact-canvass-national-tracing-middle.[↩]
- 18 U.s.C. § 926.[↩]
- As described in our summary on the Registration of Firearms, ATF does maintain a limited registry of machine guns, brusk-barreled shotguns or rifles, and silencers, known as the National Firearms Registration and Transfer Record. "National Firearms Human activity," Agency of Alcohol, Tobacco, Firearms and Explosives, Accessed Nov 21, 2018, https://www.atf.gov/rules-and-regulations/national-firearms-act. Machine guns were banned in 1986, and it is unlawful to possess or transfer a automobile gun unless information technology was lawfully owned prior to May nineteen, 1986.[↩]
- The requirement that canonical purchaser information exist destroyed inside twenty-four hours has been included in appropriations bills funding the Department of Justice (which includes ATF and the FBI). SeeConsolidated Appropriations Human action of 2004, Pub. 50. No. 108-199, § 617, 118 Stat. 3 (2004); Consolidated Appropriations Act of 2005, Pub. Fifty. No. 108-447, § 615, 118 Stat. 2809, 2915 (2005); Science, State, Justice, Commerce, and Related Appropriations Act of 2006, Pub. L. No. 109-108, § 611, 119 Stat. 2290, 2336 (2005); Revised Continuing Appropriations Resolution, 2007, Pub. 50. No. 110-v, 121 Stat. viii (2007); Consolidated Appropriations Human activity of 2008, Pub. L. No. 110-161, 121 Stat. 1844 § 512 (2007); Omnibus Appropriations Human activity, 2009, Pub. L. No. 111-viii, § 511, 123 Stat. 524 (2008), Consolidated Appropriations Deed 2010, Pub. 50. No. 111–117, 123 Stat. 3128-3129 (2009); Consolidated and Further Continuing Appropriations Act 2012, Pub. 50. No. 112-55, § 511, 125 Stat. 552 (2011). This language includes "future language" making these restrictions permanent until Congress makes an affirmative effort to remove them. Run into Center for American Progress,Blindfolded, and with One Paw Tied Behind the Back (March xviii, 2013), http://world wide web.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.pdf; Congressional Enquiry 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 data obtained by ATF via law-breaking gun traces. [↩]
- Evaluation & Inspection Written report, supranotation 3, at x-xi; 51-54.[↩]
- 28 C.F.R. § § 25.ix(a).[↩]
- Missouri makes information technology a state criminal offense for a firearms dealer to violate the federal requirement to create a record of auction. See Mo. Rev. Stat. § 571.080, referring to eighteen U.s.a.C. § 922(b). Tennessee and Wyoming laws are like 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 2 years, but this class does not include descriptive information about the firearm purchased. Run across Va. Lawmaking Ann. § 54.ane-4201. Wisconsin'south constabulary is similar to Virginia'southward, just information technology does not specify a time menses. See Wis. Stat. § 175.35.[↩]
- Cal. Penal Code §§ 11105, 11106, 28100-28215.[↩]
- Conn. Gen. Stat. §§ 29-31, 29-33(e), 29-37a(d), (f)(iii).[↩]
- D.C. Code Ann. § seven-2504.04(a)(3), (b).[↩]
- 430 Sick. Comp. Stat. 65/3(b), 720 Ill. Comp. Stat. 5/24-4.[↩]
- Me. Rev. Stat. Ann. tit. 15, § 455.[↩]
- Md. Lawmaking Ann., Pub. Safety §§ 5-101, five-120, 5-145, Physician. Code Regs. 29.03.01.12(D).[↩]
- Mass. Gen. Laws ch. 140, § 123.[↩]
- Mich. Comp. Laws §§ 28.422(v), 28.422a(ii), 750.232.[↩]
- New Jersey's statute regarding dealers' sales records refers to handguns, simply an administrative regulation applies to all firearms.EncounterJ. Stat. Ann. §§ 2C:58-2b, 2C:58-3h, Northward.J. Admin. Code §§ xiii:54-1.8(b), xiii:54-3.14.[↩]
- Or. Rev. Stat. §§ 166.412(2)(f), 166.434.[↩]
- 18 Pa. Cons. Stat. §§ 6111(b)(1), (1.1), (one.4), (c), 6113(a)(v), (d), 37 Pa. Code § 33.111.[↩]
- R.I. Gen. Laws §§ 11-47-40; xi-47-35(a)(two), eleven-47-35.2(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(eastward), 29-37a(d), (f)(three).[↩]
- 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. v/24-4.[↩]
- Due north.Y. Gen. Bus. Law § 898, N.Y. Penal Law §§ 265.00(3), 400.00(12).[↩]
- R.I. Gen. Laws §§ 11-47-35(a)(2), 11-47-35.2(b).[↩]
- Colo. Rev. Stat. §§ 12-26-102, 12-26-103, eighteen-12-112.[↩]
- Del. Code Ann. tit. eleven, § 1448B, tit. 24, §§ 904, 904A.[↩]
- Fla. Stat. §§ 790.065, 790.0655.[↩]
- Northward.Y. Gen. Passenger vehicle. Law § 898, North.Y. Penal Law §§ 265.00(3), 400.00(12).[↩]
- N.C. Gen. Stat. § 14-406.[↩]
- Vt. Stat. Ann. tit. 13, § 4006.[↩]
- Launder. Rev. Lawmaking Ann. § 9.41.110(9), 9.41.129.[↩]
- Md. Code Ann., Pub. Rubber §§ v-101, 5-120, 5-145, Md. Code Regs. 29.03.01.09(D).[↩]
- xviii Pa. Cons. Stat. §§ 6111(b)(ane), (1.1), (one.4), (c), 6113(a)(5), (d), 37 Pa. Code § 33.111.[↩]
- Mich. Comp. Laws §§ 28.422(5), 28.422a(2), 750.232.[↩]
- N.J. Stat. Ann. §§ 2C:58-2b, 2C:58-3h.[↩]
- Wash. Rev. Lawmaking Ann. § 9.41.110(9).[↩]
- See lists above for citations.[↩]
- Does not include dealers who sell merely long guns[↩]
- This is a record to confirm that a background check occurred. State law does not 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(east), 29-37a(d), (f)(iii).[↩]
- Haw. Rev. Stat. § 134-two(f).[↩]
- Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B.[↩]
- R.I. Gen. Laws § 11-47-35(a)(two); 11-47-35.2(b)(2).[↩]
- Conn. Gen. Stat. §§ 29-33(eastward), 29-37a(d), (f)(3).[↩]
- Haw. Rev. Stat. § 134-two(f).[↩]
- Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B.[↩]
- R.I. Gen. Laws § 11-47-35(a)(ii); eleven-47-35.2(b)(ii).[↩]
- In Oregon, dealers buying or accepting in trade used firearms are required to record the name of the person selling or trading the firearm, and the brand, model and manufacturer's identification number of the firearm, and submit a copy of the record to local law enforcement. Or. Rev. Stat. § 166.427.[↩]
- Md. Lawmaking Ann., Pub. Safety §§ 5-101(r), 5-120, five-123(d), 5-124(e).[↩]
- Mich. Comp. Laws §§ 28.422(5), (six), 28.422a(two), (iii).[↩]
- Due north.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Code §§ 13:54-i.eight(b).[↩]
- N.Y. Penal Law §§ 265.00(3), 400.00(12).[↩]
- xviii Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.4).[↩]
- Wash. Rev. Lawmaking Ann. §§ nine.41.110(ix), 9.41.129.[↩]
- See N.Y. Penal Law § 400.00.[↩]
- Md. Code Ann., Pub. Prophylactic §§ 5-101(r), five-120, 5-123(d), v-124(e).[↩]
- Mich. Comp. Laws §§ 28.422(5), (vi), 28.422a(2), (3).[↩]
- North.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Code §§ 13:54-1.eight(b).[↩]
- eighteen Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(ane.iv).[↩]
- Wash. Rev. Code Ann. § 9.41.110(9).[↩]
- See lists above for citations.[↩]
- Connecticut requires recordkeeping for all sales or transfers "at retail."[↩]
- Hawaii requires records through registration, not through dealer reporting. See our page on Registration in Hawaii for more information.[↩]
- New Jersey's law applies to people engaged in the "retail auction" of firearms.[↩]
- Subject area to certain exceptions, such as for people licensed to carry handguns.[↩]
- Although records are not sent to police force enforcement, they retain these records through the background check process. The Virginia State Police are the state point of contact for background checks. They are generally required to destroy records of background checks that have taken identify. However, records from bulk handgun transactions must be maintained for 12 months.[↩]
- The District of Columbia has a law specifically requiring the reporting of certain transactions. It besides has a registration law which requires gun owners to report whatever firearms they learn to police enforcement. For more than information, come across our page on Registration in Washington DC.[↩]
- An administrative regulation in Colorado requires the destruction of background check records within 24 hours. 8 Colo. Code Regs. § 1507-twenty.[↩]
- In addition, Oregon statutes provide that the countrymay retain records of background checks for no more than five years. Or. Rev. Stat. §§ 166.412, 166.434. Minnesota allows a person who has received a handgun or semiautomatic war machine-style set on weapon from a dealer to submit a asking to law enforcement that no record be maintained of the transfer. Police enforcement must and then return the study of the application for the transfer to that person. No state government employee or bureau may thereafter maintain a tape of the transfer. Minn. Stat. § 624.7132, subd. 10.[↩]
- 18 Pa. Cons. Stat. Ann. § 6111(b)(1.1)(v).Run into Allegheny County Sportsmen'southward League v. Rendell, 860 A.2nd ten (Pa. 2004) (holding that long gun sales records, just not handgun sales records, must exist destroyed).[↩]
- Lawmaking of Ala. § 13A-11-79(b).[↩]
- Fla. Stat. Ann. §§ 790.335, 790.065(4)(a).[↩]
- Neb. Rev. Stat. Ann. § 69-2412.[↩]
- N.H. Rev. Stat. Ann. § 159-D:2.[↩]
- R.I. Gen. Laws §§ eleven-47-35(a)(2), xi-47-35.2(b)(2).[↩]
- Tenn. Code Ann. § 39-17-1316(j).[↩]
- Utah Lawmaking Ann. § 76-10-526(8).[↩]
- The Virginia Country Police must retain background check records for approved purchasers of multiple handgun transactions for 12 months. Va. Code Ann. § 18.2-308.2:two(B)(3).[↩]
- Wis. Stat. § 175.35(2k)(ar).[↩]
Source: https://giffords.org/lawcenter/gun-laws/policy-areas/gun-sales/maintaining-records/
Posted by: hollandtheres.blogspot.com
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