Maintaining Records | GIFFORDS

Maintaining Records | GIFFORDS
Gun Sales
Maintaining Records of Gun Sales
BROWSE STATE LAWS
SHARE
Accurate records of gun sales help law enforcement solve crimes and keep guns out of the hands of ineligible individuals.
Firearm sales and background check records are critical 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 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 identify the last retail purchaser of a firearm that has been used in a crime, which can lead to the identification and prosecution of violent criminals.
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 until their business or licensed activity is discontinued, this requirement does not extend to private sellers.
Dealer sales records are not collected in a federal central database.
Some states, however, have enacted laws to close these gaps in federal law.
Records of background checks of prospective firearms purchasers help law enforcement deter fraud and detect dealers who might be providing false information about the purchaser of a firearm. Far short of requiring the FBI to maintain records of background checks, federal law actually requires this information to be destroyed after 24 hours. Some of the states that conduct background checks using in-state 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 until their business or licensed activity is discontinued, including information about the firearm(s) being purchased, as well as the purchaser.
Federal law prohibits the federal government from collecting firearm sales records in a central repository, however.
Without a central repository of all firearm sales records, gun tracing is a slow, cumbersome process.
As described in a report from the Government Accountability Office, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) “must take a number of steps to trace a crime gun, including, as 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.”
A 2010 report by the Washington Post found that a gun tracing investigation by ATF often involves making phone calls and poring over handwritten paperwork.
According to a 2013 report from the Center for American Progress, this “antiquated and inefficient system” means that “a firearms trace can take days, or even weeks, thereby frustrating criminal investigations.”
Centralized records of gun ownership would greatly increase the efficiency of the tracing process. These records would also help law enforcement retrieve firearms from persons who have become legally prohibited from possessing them, and they could be used to alert 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 about gun ownership, Congress would need to close the private sale loophole
, which allows guns to be sold by individuals who are not licensed firearms dealers. As detailed in our summary on
Universal Background Checks
, unlicensed, private sellers may legally sell guns under federal law and are not required to maintain any records. As 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) found that the absence of a record keeping requirement for private sales means that guns sold through such sales “become more difficult to trace if lost, stolen or criminally misused, making crimes involving them more difficult to solve.”
Although no federal law closing the private sale loophole has been passed, in 2022 Congress passed the Bipartisan Safer Communities Act (BSCA), which, in part, redefined what it means to be “engaged in the business” of dealing in firearms. Specifically, it is no longer a requirement that a person sell guns with “the principal objective of livelihood and profit,” instead anyone who deals firearms “to predominantly earn a profit” is “engaged in the business” of dealing firearms.
This definitional change, as implemented through ATF’s April 2024 final rule,
broadens who is considered a dealer and thus must be federally licensed and maintain records of gun sales. Visit our
Gun Dealers
page for more information on this change.
Background Check Records
Federally licensed firearm dealers are required to use the National Criminal Instant Background Check System (NICS)
to conduct background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal or state law.
10
Corrupt dealers engage in practices that federal law enforcement could uncover by looking at patterns in background check records. For example, dealers may attempt to hide sales to people who would fail a background check by putting the name of someone with a clean record on the background check application.
11
Another way 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 five-day period to ATF.
Between 2017 and 2023, ATF found that nearly 9% (207,160) of the 2,307,686 crime guns traced to a purchaser were part of a multiple sales transaction.
12
Between 2017 (19,307) to 2023 (39,094), ATF identified an increase of 102% in the yearly number of crime guns traced to a purchaser that were part of a multiple sale transaction.
13
However, individuals can simply evade this requirement by 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 background checks after 24 hours, law enforcement cannot review these records to detect patterns of multiple gun purchases and uncover gun trafficking.
14
Summary of Federal Law
Licensed firearms dealers are required to maintain records of the acquisition and sale of firearms until their business or licensed activity is discontinued.
15
The dealer must record, “in bound form,” the purchase or other acquisition of a firearm no later than the close of the next business day following the purchase or acquisition.
16
The dealer must similarly record the sale or other disposition of a firearm not later than seven days following the date of such transaction and retain Form 4473, the Firearms Transaction Record.
17
When a firearms business is discontinued, these records are delivered to the successor or, if none exists, to the Attorney General.
18
A federally licensed firearms dealer must provide information from its records no later than 24 hours after receipt of a request by ATF for use in a criminal investigation.
19
However, federal law explicitly prohibits federal law enforcement agencies from: (1) 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.
20
As a result,
with very limited exceptions, records of firearm sales are not maintained at the federal level
21
SUPPORT
GUN SAFETY
We’re in this together. To build a safer America—one where children and parents in every neighborhood can learn, play, work, and worship without fear of gun violence—we need you standing beside us in this fight.
Background Check Records
As of July 2004, approved purchaser information must be destroyed within 24 hours of the official NICS response to the dealer.
22
This destruction requirement has been imposed in appropriations bills as part of the so-called “
Tiahrt Amendments
,” named after their chief proponent Rep. Todd Tiahrt (R-KS). As 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.
23
For more information about 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.
24
Summary of State Law
Although federal law requires licensed dealers to keep records of firearms sales, by mirroring the federal requirement, states can independently prosecute dealers who do not follow the law. State laws can also impose more 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 time 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 apply to the sale of handguns, but not long guns (rifles and shotguns).
Most state laws are silent with respect to the retention of background check records. However, nine states are required by statute to purge background check records after a short time period.
States That Require Sellers to Retain Firearm Sales Records
Nineteen states and the District of Columbia require at least some sellers to maintain at least some sales records reflecting the identity of the purchaser and the firearm purchased.
25
As shown in the chart below, some states have two laws on this subject, which apply in different situations depending on the type of firearm seller and the type 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 be retained range from three to twenty years, except that Maine, Maryland, Massachusetts, Michigan, New Jersey, and the District of Columbia do not specify the period of retention.
California
26
Connecticut
27
District of Columbia
28
Illinois
29
Maine
30
Maryland
31
Massachusetts
32
Michigan
33
New Jersey
34
Oregon
35
Pennsylvania
36
Rhode Island
37
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, ten, and six 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.
California
26
Colorado
38
Connecticut
27
Delaware
39
District of Columbia
28
Illinois
29
New York
40
Rhode Island
41
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, but not long gun sales. In Vermont and Washington, the retention period is six years. The remaining states do not specify the period of retention.
Colorado
38
Delaware
42
Florida
43
New York
40
North Carolina
44
Vermont
45
Washington (effective July 1, 2019, Washington dealers must also retain records of semiautomatic rifle sales)
46
Private Sellers
Six states require records of private handgun sales to be maintained.
Maryland
47
Pennsylvania (All transfers of handguns must be conducted through licensed dealers or law enforcement, which ensures that recordkeeping requirements include private sales)
36
Minnesota (Handguns and assault weapons)(Effective August 1, 2024)
48
New Jersey
49
Washington (All firearm transfers must be conducted through a licensed dealer, which ensures that recordkeeping requirements include private sales)
50
States That Require Sellers to Retain Firearm Sales Records
51
State
Sales Where Records Retained
Firearm Types Where Records Retained
Duration of Required Retention
California*
Dealer sales
All firearms
Indefinitely
Colorado*
All sales
Handguns
Indefinitely
Connecticut*
All sales
All firearms
5 years for private sellers and 20 years for licensed sellers.
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
3 years
Massachusetts
Dealer sales
All firearms
Indefinitely
Minnesota
Private sales
Handguns and assault weapons
10 years
New Jersey*
Dealer sales
All sales
All firearms
Handguns
Indefinitely
Indefinitely
New York*
Dealer sales
52
Private Sales
53
Handguns, short-barreled shotguns or rifles, and assault weapons
All firearms
Indefinitely
Indefinitely
North Carolina
Dealer sales
Handguns
Indefinitely
Oregon*
Dealer sales
All firearms
Five 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
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 processed through a licensed dealer
States That Require Sellers to Report Firearm Sales to Law Enforcement
Eleven states require sellers to report firearm sales information identifying the purchaser and firearm purchased to law enforcement. These state statutes do not specify the length of time law enforcement must retain the records. Law enforcement in the District of Columbia has access to information regarding purchasers of all firearms through its registration requirements.
54
States That Require the Reporting of All Firearm Sales
Licensed Dealers
Six states require licensed dealers to report all firearm transactions to law enforcement.
California
55
Connecticut
56
Hawaii
57
Massachusetts
58
Oregon
59
Rhode Island
60
(State law requires all firearm sellers or transferors, including licensed dealers, to submit copies of a specified firearm application form to state and local law enforcement, though these agencies are generally required to destroy these forms within 30 days).
Private Sellers
Four states require the reporting of sales of all firearms by private sellers. In
California
and
Oregon
, all firearm transfers must be conducted through licensed dealers, thereby ensuring that record of sale reporting requirements will include private sales too.
Connecticut
56
Hawaii
57
Massachusetts
58
Rhode Island
60
(State law requires all firearm sellers or transferors, including private sellers, to submit copies of a specified firearm application form to state and local law enforcement, though these agencies are generally required to destroy these forms within 30 days).
States That Require the Reporting of Handgun, But Not Long Gun, Sales
Licensed Dealers
Six states require licensed dealers to report all handgun sales, but not long gun sales, to state or local law enforcement.
Maryland
61
Michigan
62
New Jersey
63
New York
64
Pennsylvania
65
Washington (Washington dealers must also report sales of semiautomatic rifles)
66
Private Sellers
Five states also require private sales of handguns, but not long guns, to be reported to law enforcement. In New York, law enforcement has access to information about individuals who have purchased handguns from private sellers through that state’s licensing program.
67
In Washington, all firearm transfers must be conducted through a licensed dealer, thereby ensuring that sales reporting requirements will include private sales.
Maryland
61
Michigan
62
New Jersey
63
Pennsylvania
65
Washington
50
States that Require Reporting of Firearm Sales to Law Enforcement or to the State
51
State
Sales that must be reported
Firearm types where sales reported
California*
Dealer sales
All firearms
Connecticut
All dealer sales,
68
and private sales of handguns
Dealers: all firearms
Private sales: handguns
Hawaii
All sales
69
All firearms
Maryland*
All sales
Handguns and assault weapons
Massachusetts
All sales
All firearms
Michigan
All sales
Handguns
New Jersey*
Dealer sales
70
Handguns
New York*
Dealer sales
Handguns, short-barreled shotguns or rifles, and assault weapons
Oregon*
All dealer sales
All firearms
Pennsylvania*
Dealer sales
Handguns and short-barreled shotguns or rifles
Rhode Island
All sales
71
All firearms
Virginia*
72
Dealer sales
Bulk handgun transactions
Washington*
Dealer sales
Handguns and semiautomatic rifles
District of Columbia
73
Dealer sales
All sales
Any transactions requested by the Chief of Police
All firearms
* States that require relevant private sales to be processed through a licensed dealer
GET THE
FACTS
Gun violence is a complex problem, and while there’s no one-size-fits-all solution, we must act. Our reports bring you the latest cutting-edge research and analysis about strategies to end our country’s gun violence crisis at every level.
States That Are Required by Statute to Purge Background Check Records
In some states where a seller contacts a state agency to conduct a background check, state laws require the agency to destroy the completed background check record.
74
The following nine statesspecify short time limits after which firearm background check records must be purged, ranging from immediately upon approval of the application to sixty days after the application is approved.
75
In addition, Pennsylvania requires the State Police to destroy its records of sales of long guns (but not handguns) within 72 hours of the background check.
76
Alabama
77
Florida
78
Nebraska
79
New Hampshire
80
Rhode Island
81
Tennessee
82
Utah
83
Virginia
84
Wisconsin
85
Key Legislative Elements
The features listed below 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
Private sellers are subject to similar record keeping requirements as licensed dealers, either because all transfers are conducted through licensed dealers or because the requirements separately are imposed on private sellers
The retention period, if not indefinite, is for a lengthy period of time
Dealers and private sellers are required to report information on all firearm transfers to law enforcement
Law enforcement is required to retain firearm transfer information indefinitely.
Law enforcement is required to retain background check records indefinitely.
RELATED
Crime
Guns
Trafficking & Straw Purchasing
Gun trafficking and straw purchasing dangerously undermine states’ gun safety laws and drive the illegal firearms market.
Owner
Responsibilities
Registration
Firearm registration systems are a useful method of curbing illegal gun activity and encouraging responsible gun practices.
Owner
Responsibilities
Licensing
Licensing laws are safety measures proven to promote safe gun ownership and reduce gun deaths.
A system of firearm registration by owners also provides law enforcement with firearm ownership information that may be used to trace crime guns. Additional information on registration is contained in our summary on the
Registration of Firearms
Dealers record sales information on a federal Firearms Transaction Record (ATF Form 4473). Additional information on ATF Form 4473 is contained in our report
For the Record: NICS & Public Safety
US Gov’t Accountability Office,
Firearms Trafficking: US Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges
25 (June 2009),
. The National Tracing Center (NTC) of ATF tracks the purchase histories of crime guns recovered by federal, state, 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 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 50 to 60% of the time. Office of the Inspector General, US Department of Justice,
Inspections of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives
Evaluation & Inspection Report I-2004-005
(July 2004): 8-9,
. After 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 private sales.
See
Sari Horwitz and James V. Grimaldi, “ATF’s Oversight Limited in Face of Gun Lobby,”
Wash. Post
, Oct. 26, 2010,
Center for American Progress,
Blindfolded, and with One Hand Tied Behind the Back: How the Gun Lobby Has Debilitated Federal Action on Guns and What President Obama Can Do About It
(March 2013),
Int’l Ass’n of Chiefs of Police (IACP),
Taking a Stand: Reducing Gun Violence in Our Communities
(2007): 14,
Pub. L. No. 117-159, 136 Stat. 1313, 1324-25 (2022) (codified at 18 U.S.C. §921(a)(21)(C) ).
Definition of “Engaged in the Business” as a Dealer in Firearms, 89 Fed. Reg. 28,968 (Apr. 19, 2024) (codified at 27 CFR pt. 478).
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-state databases as well. For more about NICS and POC states, visit our
NICS policy page
Some states also require private sellers to conduct background checks on prospective purchasers. Additional information on private sales is contained in the section on
Universal Background Checks
. Additional information on background checks is contained in the section on
Background Check Procedures
Evaluation & Inspection Report, supra
note 3, at x-xi; Center for American Progress,
Blindfolded, and with One Hand Tied Behind the Back
(March 18, 2013): 4-5,
“National Firearm Commerce and Trafficking Assessment (NFCTA): Protecting America from Trafficked Firearms – Volume Four – Part III,” Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives, January 2025, https://www.atf.gov/firearms/docs/report/nfcta-volume-iv-part-iii-%E2%80%93-crime-gun-tracing-updates-and-new-analysis/download.
Id.
Id
18 U.S.C. § 923(g)(1)(A).
See also
27 C.F.R. § 478.129 (stating that such records must be maintained until the FFL’s business or licensed activity is discontinued).
27 C.F.R. § 478.125(e).
Id
., 27 C.F.R. § 478.124(b). If the sale is approved, NICS provides the dealer with a unique identification number. The dealer records this number and certain information about 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 Form 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).
18 U.S.C. § 923(g)(7), 27 C.F.R. § 478.25a. See Bureau of Alcohol, Tobacco, Firearms & Explosives,
National Tracing Center Fact Sheet
(May 2018),
18 U.S.C. § 926.
As described in our summary on the
Registration of Firearms
, ATF does maintain a limited registry of machine guns, short-barreled shotguns or rifles, and silencers, known as the National Firearms Registration and Transfer Record. “National Firearms Act,” Bureau of Alcohol, Tobacco, Firearms and Explosives, Accessed November 21, 2018,
. Machine 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-four hours has been included in appropriations bills funding the Department of Justice (which includes ATF and the FBI).
See
Consolidated Appropriations Act of 2004, Pub. L. 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 Act of 2006, Pub. L. No. 109-108, § 611, 119 Stat. 2290, 2336 (2005); Revised Continuing Appropriations Resolution, 2007, Pub. L. No. 110-5, 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. 111-8, § 511, 123 Stat. 524 (2008), Consolidated Appropriations Act 2010, Pub. L. No. 111–117, 123 Stat. 3128-3129 (2009); Consolidated and Further Continuing Appropriations Act 2012, Pub. L. No. 112-55, § 511, 125 Stat. 552 (2011). This language includes “futurity language” making these restrictions permanent until Congress makes an affirmative effort to remove them. See Center for American Progress,
Blindfolded, and with One Hand Tied Behind the Back
(March 18, 2013),
; Congressional Research Service,
Gun Control Legislation
(Nov. 14, 2012): 33, at
. Each of these acts contains additional provisions which restrict disclosure of data obtained by ATF via crime gun traces.
Evaluation & Inspection Report, supra
note 3, at x-xi; 51-54.
28 C.F.R. § § 25.9(a).
Missouri makes it 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.
See
Va. Code Ann. § 54.1-4201. Wisconsin’s law is similar to Virginia’s, but it does not specify a time period.
See
Wis. Stat. § 175.35.
Cal. Penal Code §§ 11105, 11106, 28100-28215.
Conn. Gen. Stat. §§ 29-31, 29-33(e), 29-37a(d), (f)(3).
D.C. Code 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.
Md. Code Ann., Pub. Safety §§ 5-101, 5-120, 5-145, Md. Code Regs. 29.03.01.12(D).
Mass. Gen. Laws ch. 140, § 123.
Mich. Comp. Laws §§ 28.422(5), 28.422a(2), 750.232.
New Jersey’s statute regarding dealers’ sales records refers to handguns, but an administrative regulation applies to all firearms.
See
J. Stat. Ann. §§ 2C:58-2b, 2C:58-3h, N.J. Admin. Code §§ 13:54-1.8(b), 13:54-3.14.
Or. Rev. Stat. §§ 166.412(2)(f), 166.434.
18 Pa. Cons. Stat. §§ 6111(b)(1), (1.1), (1.4), (c), 6113(a)(5), (d), 37 Pa. Code § 33.111.
R.I. Gen. Laws §§ 11-47-40; 11-47-35(a)(2), 11-47-35.2(b).
Colo. Rev. Stat. §§ 12-26-102, 12-26-103, 18-12-112.
Del. Code Ann. Tit. 11, § 1448B, tit. 24, §§ 904, 904A.
N.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).
Del. Code Ann. tit. 11, § 1448B, tit. 24, §§ 904, 904A.
Fla. Stat. §§ 790.065, 790.0655.
N.C. Gen. Stat. § 14-406.
Vt. Stat. Ann. tit. 13, § 4006.
Wash. Rev. Code Ann. § 9.41.110(9), 9.41.129.
Md. Code Ann., Pub. Safety §§ 5-101, 5-120, 5-145, Md. Code Regs. 29.03.01.09(D).
Minn. Stat. § 624.7134, subd. 4.
N.J. Stat. Ann. §§ 2C:58-2b, 2C:58-3h.
Wash. Rev. Code Ann. § 9.41.110(9).
See lists above for citations.
Does not include dealers who sell only 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(e), 29-37a(d), (f)(3).
Haw. Rev. Stat. § 134-2(f).
Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B.
Oregon’s 2022 ballot measure, Measure 114, now authorizes the State Police to retain information provided to a licensed dealer in a firearms transaction sufficient to identify each firearm purchased by a permit holder for inclusion in an electronic law enforcement database.Or. Rev. Stat. § 166.412(7)(a). The law requires that this information be attached to the electronic record of the permit maintained by the Department of State Police.
R.I. Gen. Laws § 11-47-35(a)(2); 11-47-35.2(b)(2).
Md. Code Ann., Pub. Safety §§ 5-101(r), 5-120, 5-123(d), 5-124(e).
Mich. Comp. Laws §§ 28.422(5), (6), 28.422a(2), (3).
N.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Code §§ 13:54-1.8(b).
N.Y. Penal Law §§ 265.00(3), 400.00(12).
18 Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.4).
Wash. Rev. Code Ann. §§ 9.41.110(9), 9.41.129.
See
N.Y. Penal Law § 400.00.
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 sale” of firearms.
Subject to certain exceptions, such as for people licensed to carry handguns.
Although records are not sent to law 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 place. 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 also has a registration law which requires gun owners to report any firearms they acquire to law enforcement. For more information, see 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. § 1507-20.
In addition, Oregon statutes provide that the state
may
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 military-style assault weapon from a dealer to submit a request to law enforcement that no record be maintained of the transfer. Law enforcement must then return the report of the application for the transfer to that person. No state government 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)(v).
See Allegheny County Sportsmen’s League v. Rendell,
860 A.2d 10 (Pa. 2004) (holding that long gun sales records, but not handgun sales records, must be destroyed).
Code 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 §§ 11-47-35(a)(2), 11-47-35.2(b)(2).
Tenn. Code Ann. § 39-17-1316(j).
Utah Code Ann. § 53-5a-602.
The Virginia State Police must retain background check records for approved purchasers of multiple handgun transactions for 12 months. Va. Code Ann. § 18.2-308.2:2(B)(3).
Wis. Stat. § 175.35(2k)(ar).
By continuing on our website, you agree to our use of cookies.
Terms & Conditions.
Privacy Policy.