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Posted: 8/1/2012 7:14:25 PM EDT
Check me on this but years ago (1993) when the Brady Act's mandated National Instant Background Check Systems (NICS) implemented wasn't a big point was made that the data would be promptly destroyed and it would not be used to create a national firearms registry? The following information obtained from the current FBI website claims that's the case:

"...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..."

However, today I spoke with an FFL in a New England state who recently underwent an ATF audit and he told me the agent/examiner came to his shop a laptop that had a comlete database listing of all the NICS requests he had made in the past couple of years indicating the date of the transfer, the name of the gun buyer and miscellaneous other information. The ATF guy then went through the gunshop owner's file of Form 4473s to match everyone of them up with the transfers (and denials) shown in his database. Naturally, the audit also included various other checks of the gunshop's transfer record books, current inventory, accuracy and completeness of the Form 4473s, etc.

However, my question is if the NICS records are destroyed by the next business day how could ATF have a database that still listed them? Are there any ATF or FBI agents on this blog who can answer this question?

Also, I know that when gun shop owners finally leave the business they are required to send all their Form 4473s and Transfer Record Books to ATF so they can be used for tracing purposes. I assume those forms are being entered into a computer database which does effectively create a registry of US citizens who are gun owners. Additionally, I've heard from other FFLs that ATF has come to their shops and made copies of all their Form 4473s which, presumably, were also entered into that same database. I'd be interested in hearing form any FFL Dealers whether they have had any similar experiences or from others who have insights to share about ATF efforts to create computerized databases linking US citizens to the types and number of firearms they own. It would be really interesting to know the full details![b][/b
Link Posted: 8/1/2012 7:16:20 PM EDT
[#1]
Quoted:
However, my question is if the NICS records are destroyed by the next business day how could ATF have a database that still listed them? Are there any ATF or FBI agents on this blog who can answer this question?


Destroyed. Yeah. That's what happens.
Link Posted: 8/1/2012 7:18:37 PM EDT
[#2]
I was paying attention until you said gun store owner. I am more inclined to heed the advice of a meth addicted schizo wearing an Obama 2012 t-shirt than I am a gun store owner.
Link Posted: 8/1/2012 7:27:31 PM EDT
[#3]
i didnt believe it in the 90s and i still dont today. any firearm purchased on a 4473 is documented forever.
Link Posted: 8/1/2012 7:33:29 PM EDT
[#4]
Here in VA they used 4473s back in 2000 when the "DC Sniper" (John Muhammed and Lee Malvo) was active in VA/MD/DC, to track people down who had bought 5.56/.223 caliber rifles, and went to their houses and confiscated their guns for ballistic testing...
Link Posted: 8/1/2012 7:36:04 PM EDT
[#5]







However, my question is if the NICS records are destroyed by the next business day how could ATF have a database that still listed them? Are there any ATF or FBI agents on this blog who can answer this question?





Sounds like someone was part of an investigation. For an ATF IOI to have NICS dfata (which is run by FBI) would suggest some sort of inter-agency cooperation. Thus I am sure they were specifically saving that data.



Or the FFL is FOS.



 
Link Posted: 8/1/2012 7:38:57 PM EDT
[#6]
Link Posted: 8/1/2012 7:41:06 PM EDT
[#7]
Link Posted: 8/1/2012 7:49:42 PM EDT
[#8]
Quoted:
Here in VA they used 4473s back in 2000 when the "DC Sniper" (John Muhammed and Lee Malvo) was active in VA/MD/DC, to track people down who had bought 5.56/.223 caliber rifles, and went to their houses and confiscated their guns for ballistic testing...


Absolutely correct.   If you think FEDGOV would EVER let go of any piece of data that it gets its hands on, then you are deluded.

IF Barry Soetoro gets reelected and IF gun confiscation ever does really happen, and I am not saying it will or will not, you will see how quickly they knock on your door for your evil semi-automatic ar-15.  

And do any of you remember when the FBI was going to people's houses who had purchased .380 replacement barrels from Federal Arms Corporation and demanding their makarovs for ballistics testing because somebody out in Washington state or thereabouts had murdered a DA or Assistant DA with a makarov having an FAC .380 replacement barrel?    This goes back about ten years or so.   FAC had sold about 3,500 or so of these barrels, as I understand it,  and the FBI was going around the country trying to track down every one that had been sold.   I had bought one but it was still in its original wrapper, fortunately for me.   Actually, it still is and I wasted money buying the damn thing.   I always wondered how many people had their makarovs confiscated by the FBI if they had installed the FAC replacement barrels.  This was a big topic on makarov.com at the time.

Link Posted: 8/1/2012 8:01:12 PM EDT
[#9]
Link Posted: 8/1/2012 8:04:48 PM EDT
[#10]
Quoted:
Check me on this but years ago (1993) when the Brady Act's mandated National Instant Background Check Systems (NICS) implemented wasn't a big point was made that the data would be promptly destroyed and it would not be used to create a national firearms registry? The following information obtained from the current FBI website claims that's the case:

"...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..."

However, today I spoke with an FFL in a New England state who recently underwent an ATF audit and he told me the agent/examiner came to his shop a laptop that had a comlete database listing of all the NICS requests he had made in the past couple of years indicating the date of the transfer, the name of the gun buyer and miscellaneous other information. The ATF guy then went through the gunshop owner's file of Form 4473s to match everyone of them up with the transfers (and denials) shown in his database. Naturally, the audit also included various other checks of the gunshop's transfer record books, current inventory, accuracy and completeness of the Form 4473s, etc.

However, my question is if the NICS records are destroyed by the next business day how could ATF have a database that still listed them? Are there any ATF or FBI agents on this blog who can answer this question?

Also, I know that when gun shop owners finally leave the business they are required to send all their Form 4473s and Transfer Record Books to ATF so they can be used for tracing purposes. I assume those forms are being entered into a computer database which does effectively create a registry of US citizens who are gun owners. Additionally, I've heard from other FFLs that ATF has come to their shops and made copies of all their Form 4473s which, presumably, were also entered into that same database. I'd be interested in hearing form any FFL Dealers whether they have had any similar experiences or from others who have insights to share about ATF efforts to create computerized databases linking US citizens to the types and number of firearms they own. It would be really interesting to know the full details![b][/b


What state is the dealer located in?

I know that in Connecticut, the DPS Special Licensing and Firearms Unit is the NICS POC  and they retain records of every auth # request that they receive- in part becuase they use those records to perform paperwork audits to ensure that  the seller is fulfilling transfer notification requirements established by state law (e.g. sending a notification to the seller who received authorization 1234567890 that no DPS3 was receiveed for that transaction). My understanding is that they have sent notification s out as many as 6 or more years* after the transaction occurred (the seller is only required to keep his copy of the DPS-3 for 5 years, but is supposed to submit a copy to the SLFU and Buyer's town within 24 hours).

*Now that the program is up and running, my understanding is that requests are much more timely.
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