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would some explain NICS

Posted: Sat Apr 13, 2013 11:14 pm
by multiple68
Specifically what happens with your form after the background check goes through and you walk away with your new firearm? It was my understanding that those records are then destroyed, but I could have sworn I read somewhere that the FFL must keep those records for 7 years. If not, how does one know if they are being destroyed or not? If they are kept, isn't that basically a registry?

Re: would some explain NICS

Posted: Sat Apr 13, 2013 11:18 pm
by G26ster
multiple68 wrote:Specifically what happens with your form after the background check goes through and you walk away with your new firearm? It was my understanding that those records are then destroyed, but I could have sworn I read somewhere that the FFL must keep those records for 7 years. If not, how does one know if they are being destroyed or not? If they are kept, isn't that basically a registry?
The FFL must keep them for 20 years, or turn them over if they go out of business sooner.

Re: would some explain NICS

Posted: Sat Apr 13, 2013 11:26 pm
by multiple68
http://www.fbi.gov/about-us/cjis/nics/g ... ablemobile" onclick="window.open(this.href);return false;
The NICS is not to be
used to establish a federal firearm registry;
information about an inquiry resulting in an allowed
transfer is destroyed in accordance with NICS
regulations. Current destruction of NICS records
became effective when a final rule was published by
the Department of Justice in The Federal Register,
outlining the following changes. Per Title 28, Code of
Federal Regulations, Part 25.9(b)(1), (2), and (3), the
NICS Section must destroy all identifying information
on allowed transactions prior to the start of the next
NICS operational day.

Re: would some explain NICS

Posted: Sat Apr 13, 2013 11:38 pm
by G26ster
multiple68 wrote:http://www.fbi.gov/about-us/cjis/nics/g ... ablemobile
The NICS is not to be
used to establish a federal firearm registry;
information about an inquiry resulting in an allowed
transfer is destroyed in accordance with NICS
regulations. Current destruction of NICS records
became effective when a final rule was published by
the Department of Justice in The Federal Register,
outlining the following changes. Per Title 28, Code of
Federal Regulations, Part 25.9(b)(1), (2), and (3), the
NICS Section must destroy all identifying information
on allowed transactions prior to the start of the next
NICS operational day.
That applies to records at the NICS level, not the Form 4473 that must be kept by the FFL for 20 years. Your question was, "Specifically what happens with your form after the background check goes through and you walk away with your new firearm?"

Re: would some explain NICS

Posted: Sat Apr 13, 2013 11:45 pm
by SF18C
From 1984, just saying!

http://www.youtube.com/watch?v=3OaF-j8x5Vc" onclick="window.open(this.href);return false;

Re: would some explain NICS

Posted: Sat Apr 13, 2013 11:49 pm
by multiple68
So the same form I write all my info on and the dealer writes the type of gun and serial number on (I believe)? By the way, I am sure this has been discussed, but didn't find anything on the search

Re: would some explain NICS

Posted: Sun Apr 14, 2013 12:13 am
by OldCannon
multiple68 wrote:Specifically what happens with your form after the background check goes through and you walk away with your new firearm? It was my understanding that those records are then destroyed, but I could have sworn I read somewhere that the FFL must keep those records for 7 years. If not, how does one know if they are being destroyed or not? If they are kept, isn't that basically a registry?
Registry, yes. National registry, hardly.

There are two "recordings" that show you received a firearm. The first is the 4473. The second is the "Acquisition and DIsposition" log (called the "A&D"). The A&D shows the "chain of custody" of the firearm, relative to that FFL. The 4473 is simply a legal document that you "swear out" that you are legally allowed to take possession of the firearm. Both documents show the serial number, make, model of the firearm you obtain. The 4473s are destroyed after 20 years, the A&D logs are technically never destroyed.

So, it's a log of where firearms go after they pass through an FFL. Where they go after you take possession is entirely up to you.

Definitely not a national registry.