Registration

[RJGold]

I am not sure if this fits in Politics or not but this is the closest place I could find...

I was having a debate with my Father in Law last week about registration (specifically in Texas). He is convinced that because you fill out a form when you buy a firearm and the serial number is recorded that all guns are registered and can be traced.

I've done some digging and believe that in Texas, even though your information and information on the firearm is recorded, this information is not recorded in a database and can not be traced back to an individual unless someone went to the dealer where you bought the firearm and pulled the stored paperwork (a situation that may occur if the weapon was used in a crime).

Is this close to correct according to current laws?

Thanks in advance for your input.

[RottenApple]

I am not sure if this fits in Politics or not but this is the closest place I could find...

I was having a debate with my Father in Law last week about registration (specifically in Texas). He is convinced that because you fill out a form when you buy a firearm and the serial number is recorded that all guns are registered and can be traced.

I've done some digging and believe that in Texas, even though your information and information on the firearm is recorded, this information is not recorded in a database and can not be traced back to an individual unless someone went to the dealer where you bought the firearm and pulled the stored paperwork (a situation that may occur if the weapon was used in a crime).

Is this close to correct according to current laws?

Thanks in advance for your input.

The form you fill out has nothing to do with Texas at all. It's the ATF 4473 and is used for the NICS check. So you can at least reassure him that TEXAS isn't using it as a de facto registration. As for the Feds, I believe the FFL has to hold onto them for a specific period of time, but I don't know how long, under what conditions (if any) they have to provide the forms to the Feds, or what gun/buyer info is sent to the Feds for the NICS itself. I'm sure that one of our resident FFLs will chime in any minute.

[RX8er]

As an FFL, I do not send the Feds or any state a SN of a single gun purchase. Now, the ATF / FBI can do a trace of a firearm. This works because they already know the SN of a firearm such as one recovered at a crime scene. ATF calls the manufacturer, the manf says it was sold to Lipsey's, ATF calls Lipsey's and they say it was sold to Final Shot, ATF calls me and I say it was sold to RJGold. Sometimes they want all information pertaining to the purchase. Here is the ATF FAQ that is helpful. Also covers the "Report of Multiple Sale or Other Disposition of Pistols and Revolvers" (ATF gets SN, but have been told that the SN is not searchable) : http://www.atf.gov/firearms/faq/license ... iness.html" onclick="window.open(this.href);return false; There is also a law that was upheld by the courts for us in border states regarding long guns under the following:
A semi-automatic action;
•A caliber greater than .22; and
•The ability to accept a detachable magazine.

With these types of purchases, your SN goes to ATF.

The FFL has to keep the 4473 for 20 years. After 20 years the FFL can destroy the 4473's. If the sale was denied by NICS the form is kept for 5 years. If the FFL goes out of business or looses the license, all 4473 go to the ATF. The law is 27 CFR 478.129(b)

Firearms transaction record. Licensees shall retain each Form 4473 and Form 4473(LV) for a period of not less than 20 years after the date of sale or disposition. Where a licensee has initiated a NICS check for a proposed firearms transaction, but the sale, delivery, or transfer of the firearm is not made, the licensee shall record any transaction number on the Form 4473, and retain the Form 4473 for a period of not less than 5 years after the date of the NICS inquiry. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b): Provided, That Forms 4473 with respect to which a sale, delivery or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.

If you want to be off the radar as best as you can, do not buy more than one gun at a time.

[RJGold]

Thanks for your input...

[GeoffB]

Here is a video that I remember watching a while back that should help. http://www.cbsnews.com/8301-18563_162-5 ... n-for-atf/ Federal Law prohibits any type of registry.

[cmwoodruff]

...and our government obeys all laws...