Title: To provide for the implementation of a system of licensing for purchasers of certain firearms and for a record of sale system for those firearms, and for other purposes.
Sponsor: Rep Rush, Bobby L. [IL-1] (introduced 1/6/2009) Cosponsors (None)
Latest Major Action: 1/6/2009 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
Notice that there are no co-sponsors? This is nutty legislation that is sure to get the voters upset and seats lost, I doubt that either this or the ammunition bills will go anywhere. The lessons of the last ban are still in the minds of those that have survived it and kept their seats.
OK, a little reality check from an owner of a gun store and indoor shooting range of twenty years.
When you buy a firearm from a federally licensed firearm dealer you fill out a form 4473. That form is kept in the records file mandated by the feds in that store location. It is accessible by the feds when needed either by phone or by personal visit. Those records are not sent to the feds until the business gives up it's license, at that time the records are entered into a computer log by firearm serial number and model information.
Ever wonder why the government passed the paper reduction act? They are lousy at keeping records! Want to really confuse them? Buy lots af guns and sell most of them, they couldn't prove anything anyway. 'No sir, all I have left is this old single shot shotgun.... wife didn't want any guns in the house with the kids.' :roll:
When the purchaser fills out the 4473 the dealer will call the NICS for instant approval for the transfer of the firearm. http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm
The FFLs will provide the descriptive information requested on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.
If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee’s descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by a NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) review the information to determine if state and/or federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the NICS Examiner will advise the FFL they may PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on line 21b of the ATF Form 4473 and retain the form for auditing purposes.
Now, as to how long the information that is phoned into the NICS call center is kept;
Privacy and Security of NICS Information
The privacy and security of the information in the NICS is of great importance. In October 1998, the Attorney General published regulations on the privacy and security of NICS information, including the proper and official use of this information. These regulations are available on the NICS Web site. Data stored in the NICS is documented federal data and access to that information is restricted to agencies authorized by the FBI. Extensive measures are taken to ensure the security and integrity of the system information and agency use. 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.
If a potential purchaser is delayed or denied a firearm and successfully appeals the decision, the NICS Section cannot retain a record of the overturned appeal.
If the record is not able to be updated, the purchaser continues to be denied or delayed, and if that individual appeals the decision, the documentation must be resubmitted on every subsequent purchase. For this reason, the Voluntary Appeal File (VAF) has been established. This process permits applicants to request that the NICS maintain information about themselves in the VAF to prevent future denials or extended delays of a firearm transfer. (See VAF Section below.)