Maintaining Records & Reporting Gun Sales Policy Summary

Posted on July 9, 2013

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maintaining_FINALRecords of completed firearms sales and records of background checks of prospective firearms purchasers are critical tools for law enforcement. Through crime gun tracing, records of completed firearm sales can identify the last retail purchaser of a firearm that may have subsequently been used in a violent crime, and thus can lead to the identification and prosecution of violent criminals.1 These records are most useful to law enforcement when they are collected in a central database and retained indefinitely, as they are under some of the state laws described below.  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.

Firearm Sales Records:    Federal law requires licensed firearms dealers to maintain records of gun sales indefinitely, including information about the firearm(s) being purchased, as well as the purchaser.2  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.”3
  • 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.4
  • 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.”5

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 could be used to alert law enforcement to the presence of guns at a private residence when they are responding to an emergency call.

In order for law enforcement to have complete information about gun ownership, however, 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 & the Private Sale Loophole, 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 recordkeeping 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.”6

Background Check Records:  Federally licensed firearm dealers are required to conduct background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal or state law.7 Although records of background checks do not identify the firearm to be purchased, these records can help law enforcement deter fraud and detect dealers who might be providing false information about the purchaser of a firearm.  According to a 2004 report from the Office of the Inspector General (OIG), corrupt dealers may attempt to hide transfers to prohibited persons by falsifying information to the National Instant Criminal Background Check System (NICS), such as listing the prohibited buyer on the sales record but submitting to NICS the name of a person with a clean record.8

Until 2004, information on approved NICS background checks was retained by NICS for 90 days.9  As described in our summary on Dealer Regulations, ATF lacks the resources to conduct frequent inspections of dealers, and few states adequately monitor dealers. Nevertheless, when ATF or state or local law enforcement inspected dealers prior to 2004, it could use background check records to verify that a dealer’s transaction records match the information earlier submitted to NICS.10

As described below, approved purchaser information must now be destroyed after 24 hours, making it much easier for corrupt firearm dealers to avoid detection.11  Some commentators have also noted that this destruction requirement makes it more difficult for law enforcement to identify and track straw purchasers who repeatedly buy guns on behalf of gun traffickers or criminals who wouldn’t be able to pass a background check.12

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Sales Records:  Licensed firearms dealers are required to maintain records of the acquisition and sale of firearms indefinitely.13  The dealer must record, “in bound form,” the purchase or other acquisition of a firearm not later than the close of the next business day following the purchase or acquisition.14  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.15  When a firearms business is discontinued, these records are delivered to the successor or, if none exists, to the Attorney General.16

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.17 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.18  As a result, with very limited exceptions, records of firearm sales are not maintained at the federal level.19

Background Check Records:  As of July 2004, approved purchaser information must be destroyed within 24 hours of the official NICS response to the dealer.20 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.21 For more information about the Tiahrt Amendments, see our summary on Gun Trafficking & Straw Purchases.22

The FBI maintains indefinitely the records of prospective purchasers whose applications are denied.23

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State laws governing retention of firearm sales records fall into the following categories:  (1) laws that require sellers to retain sales records for a specified time period; and (2) 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.

Description of State Laws Governing Maintaining Records and Reporting Gun Sales

1.         States That Require Sellers to Retain Firearm Sales Records:  Twenty 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.24  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.

a.         States That Require Sellers to Retain Sales Records of All Firearms

  • Licensed Dealers: Twelve states (California,25 Connecticut,26 Georgia,27 Illinois,28 Maine,29 Maryland,30 Massachusetts,31 Michigan,32 New Jersey,33 Oregon,34 Pennsylvania35 and Rhode Island36) and the District of Columbia37 require licensed dealers to maintain records of sales of all firearms.  Maine, Maryland, Massachusetts, Michigan, New Jersey, and the District of Columbia do not specify the period of retention.  Retention periods in the other states range from three to twenty years.
  • Private Sellers: Seven states (California,38 Colorado,39 Connecticut,40  Delaware,41 Illinois,42 New York43 and Rhode Island44 ) and the District of Columbia45 require records to be maintained regarding private sales of all firearms. In Connecticut, Illinois and Rhode Island the private sellers 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.

b.         States That Require Sellers to Retain Records of Handgun, But Not Long Gun, Sales

  • Licensed Dealers:   Eight states (Alabama,46 Colorado,47 Delaware,48 Florida,49 New York,50 North Carolina,51 Vermont52 and Washington53 ) require licensed dealers to maintain records of handgun sales, but not long gun sales.  In Vermont and Washington, the retention period is six years.  In Alabama, records must be retained permanently. The remaining states do not specify the period of retention.
  • Private Sellers:  Maryland requires private sellers to maintain handgun sales records for three years.54  In Pennsylvania, all transfers of handguns must be conducted through licensed dealers or law enforcement, thereby ensuring that the recordkeeping requirements on licensed dealers will include records of private sales of these firearms.55 Michigan56 and New Jersey57 also require private sellers of handguns to retain a record of the sale indefinitely.
 UNDER STATE LAW IN … Sales Where Records Retained Firearm Types Where Records Retained Duration of Required Retention
AL Dealer sales only Handguns only permanent
CA All sales All firearms 3 years
CO (2 laws) Dealer sales Handguns unspecified
Private sales All firearms
CT All sales All firearms 5 years
DE (2 laws) Dealer sales Handguns unspecified
Private sales All firearms
D.C. All sales All firearms unspecified
FL Dealer sales only Handguns only unspecified
GA Dealer sales only All firearms 5 years
IL (2 laws) All sales Handguns unspecified
All sales All firearms 10 years
ME Dealer sales only All firearms unspecified
MD (2 laws) All sales Handguns 3 years
Dealer sales only All firearms unspecified
MA Dealer sales only All firearms unspecified
MI (2 laws) Dealer sales only All firearms unspecified
Private sales Handguns only
NJ (2 laws) Dealer sales only All firearms unspecified
Private sales Handguns only
NY (2 laws) Dealer sales Handguns unspecified
Private sales All firearms
NC Dealer sales only Handguns unspecified
OR Dealer sales only All firearms 5 years
PA (2 laws) Dealer sales only All firearms 20 years
Private sales Handguns only
RI All sales All firearms 6 years
VT Dealer sales only Handguns only 6 years
WA Dealer sales only Handguns only 6 years

 

2.         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.58

a.         States That Require the Reporting of All Firearm Sales

  • Licensed Dealers:  Four states – California,59 Connecticut,60 Hawaii,61 and Massachusetts62 – require dealers to report all firearm transactions to law enforcement.
  • Private Sellers:  Connecticut,63 Hawaii64 and Massachusetts65 require the reporting of sales of all firearms by private sellers. In California, all firearm transfers must be conducted through licensed dealers, thereby ensuring that sales reporting requirements will include private sales.

b.         States That Require the Reporting of Handgun, But Not Long Gun, Sales: 

  • Licensed Dealers:  Seven states (Alabama,66 Maryland,67 Michigan,68 New Jersey,69 New York,70 Pennsylvania,71 and Washington72 ) require licensed dealers to report all handgun sales, but not long gun sales, to state or local law enforcement.73
  • Private Sellers:  Four states (Maryland,74 Michigan,75 New Jersey,76 and Pennsylvania77 ) 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.78
Sales that Must be Reported Firearm Types Where Sales Reported
Alabama Dealer sales only Handguns only
California All sales All firearms
Connecticut All sales All firearms
D.C. All sales All firearms
Hawaii All sales All firearms
Maryland All sales Handguns only
Massachusetts All sales All firearms
Michigan All sales Handguns only
New Jersey All sales Handguns only
New York All sales Handguns only
Pennsylvania All sales Handguns only
Washington Dealer sales only Handguns only

 

3.         States That Are Required by Statute to Purge Background Check Records:79  The following eight states specify 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.80  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.81

Florida82
Nebraska83
New Hampshire84
Rhode Island85
Tennessee86
Utah87
Virginia88
Wisconsin89

50 State Summary

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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 (11 states and the District of Columbia)
  • Private sellers are subject to similar recordkeeping requirements as licensed dealers, either because all transfers are conducted through licensed dealers (California, Colorado, Delaware, New York, and the District of Columbia), or because the requirements separately are imposed on private sellers (Connecticut, Illinois, Rhode Island)
  • The retention period, if not indefinite, is for a lengthy period of time (Pennsylvania – 20 years, Illinois – 10 years)
  • Dealers and private sellers are required to report information on all firearm transfers to law enforcement (California, Connecticut, Hawaii, and Massachusetts)
  • Law enforcement is required to retain firearm transfer information indefinitely
  • Law enforcement is required to retain background check records indefinitely

 

  1. 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. []
  2. Dealers record sales information on a federal Firearms Transaction Record (ATF Form 4473).  Additional information on ATF Form 4473 is contained in our summary on Background Check Procedures. []
  3. U.S. Gov’t Accountability Office, Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges 25 (June 2009), at http://www.gao.gov/products/GAO-09-709. 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, U.S.
    Department of Justice, Inspections of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Evaluation & Inspection Report I-2004-005 8-9 (July 2004), at http://www.usdoj.gov/oig/reports/ATF/e0405/final.pdf.  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. []
  4. See Sari Horwitz and James V. Grimaldi, ATF’s Oversight Limited in Face of Gun Lobby, Wash. Post, Oct. 26, 2010, at http://www.washingtonpost.com/wp-dyn/content/article/2010/10/25/AR2010102505823.html?sub=AR. []
  5. 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), at http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.pdf. []
  6. Int’l Ass’n of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our Communities 14 (2007), at http://www.theiacp.org/LinkClick.aspx?fileticket=%2Fs0LiOkJK5Q%3D&tabid=87. []
  7. 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 & the Private Sale Loophole. Additional information on background checks is contained in the section on Background Check Procedures. []
  8. Evaluation & Inspection Report, supra note 3, at x-xi; Center for American Progress, Blindfolded, and with One Hand Tied Behind the Back 4-5 (March 18, 2013), at http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.pdf. []
  9. Evaluation & Inspection Report, supra note 3, at x. []
  10. Id. at 51-54. []
  11. Id. at x-xi; 51-54. []
  12. Center for American Progress, Blindfolded, and with One Hand Tied Behind the Back 4-5 (March 18, 2013), at http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.pdf; Mayors Against Illegal Guns, The Tiahrt Amendments, at http://www.mayorsagainstillegalguns.org/html/federal/tiahrt.shtml. []
  13. 18 U.S.C. § 923(g)(1)(A). See also 27 C.F.R. § 478.129 (stating that such records must be maintained for at least 20 years). []
  14. 27 C.F.R. § 478.125(e). []
  15. 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. []
  16. 18 U.S.C. § 923(g)(4). []
  17. 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 (Feb. 2013), at http://www.atf.gov/publications/factsheets/factsheet-national-tracing-center.html. []
  18. 18 U.S.C. § 926. []
  19. 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. Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Brochure of the National Firearms Act Branch, at http://www.atf.gov/pub/nfab (Feb. 23, 2006).  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. []
  20. 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), at http://www.americanprogress.org/wp-content/uploads/2013/03/GunRidersBrief-7.pdf; Congressional Research Service, Gun Control Legislation 33 (Aug. 3, 2012), at http://fpc.state.gov/documents/organization/196925.pdf. Each of these acts contains additional provisions which restrict disclosure of data obtained by ATF via crime gun traces. []
  21. Evaluation & Inspection Report, supra note 3, at x-xi; 51-54. []
  22. See also our webpage on the Tiahrt Amendments at http://smartgunlaws.org/federal-law-on-tiahrt-amendments/. []
  23. 28 C.F.R. § § 25.9(a). []
  24. 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. 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.  Va. Code Ann. § 54.1-4201. Wisconsin’s law is similar to Virginia’s, but it does not specify a time period.  Wis. Stat. § 175.35. []
  25. Cal. Penal Code §§ 11105, 11106, 28100-28215. []
  26. Conn. Gen. Stat. §§ 29-31, 29-33(e), 29-37a(d), (f)(3). []
  27. The Georgia law applies to all firearms sold by a person or business required to obtain a license under Georgia law.  However, businesses that sell only standard-length rifles or shotguns are not subject to this licensing requirement. Ga. Code Ann. §§ 43-16-2, 43-16-10.1. []
  28. 430 Ill. Comp. Stat. 65/3(b), 720 Ill. Comp. Stat. 5/24-4. []
  29. Me. Rev. Stat. Ann. tit. 15, § 455. []
  30. Md. Code Ann., Pub. Safety §§ 5-101, 5-120, 5-145, Md. Code Regs. 29.03.01.09(D). []
  31. Mass. Gen. Laws ch. 140, § 123. []
  32. Mich. Comp. Laws §§ 28.422(5), 28.422a(2), 750.232. []
  33. New Jersey’s statute regarding dealers’ sales records refers to handguns, but an administrative regulation applies to all firearms.  See N.J. Stat. Ann. §§ 2C:58-2b, 2C:58-3h, N.J. Admin. Code §§ 13:54-1.8(b), 13:54-3.14. []
  34. Or. Rev. Stat. §§ 166.412(2)(f), 166.434. []
  35. 18 Pa. Cons. Stat. §§ 6111(b)(1), (1.1), (1.4), (c), 6113(a)(5), (d), 37 Pa. Code § 33.111. []
  36. R.I. Gen. Laws §§ 11-47-35(a)(2), 11-47-35.2(b). []
  37. D.C. Code Ann. § 7-2504.04(a)(3), (b). []
  38. Cal. Penal Code §§ 11105, 11106, 28100-28215. []
  39. Colo. Rev. Stat. §§ 12-26-102, 12-26-103, 18-12-112. []
  40. Conn. Gen. Stat. §§ 29-31, 29-33(e), 29-37a(d), (f)(3). []
  41. Del. Code Ann. tit. 11, § 1448B, tit. 24, §§ 904, 904A. []
  42. 430 Ill. Comp. Stat. 65/3(b), 720 Ill. Comp. Stat. 5/24-4. []
  43. N.Y. Gen. Bus. Law § 898, N.Y. Penal Law §§ 265.00(3), 400.00(12). []
  44. R.I. Gen. Laws §§ 11-47-35(a)(2), 11-47-35.2(b). []
  45. D.C. Code Ann. § 7-2504.04(a)(3), (b). []
  46. Ala. Code § 40-12-143. []
  47. Colo. Rev. Stat. §§ 12-26-102, 12-26-103, 18-12-112. []
  48. Del. Code Ann. tit. 11, § 1448B, tit. 24, §§ 904, 904A. []
  49. Fla. Stat. §§ 790.065, 790.0655. []
  50. N.Y. Gen. Bus. Law § 898, N.Y. Penal Law §§ 265.00(3), 400.00(12). []
  51. N.C. Gen. Stat. § 14-406. []
  52. Vt. Stat. Ann. tit. 13, § 4006. []
  53. Wash. Rev. Code Ann. § 9.41.110(9). []
  54. Md. Code Ann., Pub. Safety §§ 5-101, 5-120, 5-145, Md. Code Regs. 29.03.01.09(D). []
  55. 18 Pa. Cons. Stat. §§ 6111(b)(1), (1.1), (1.4), (c), 6113(a)(5), (d), 37 Pa. Code § 33.111. []
  56. Mich. Comp. Laws §§ 28.422(5), 28.422a(2), 750.232. []
  57. N.J. Stat. Ann. §§ 2C:58-2b, 2C:58-3h. []
  58. D.C. Code §§ 7-2502.08, 22-4510. []
  59. Cal. Penal Code §§ 11105, 11106. []
  60. Conn. Gen. Stat. §§ 29-33(e), 29-37a(d), (f)(3). []
  61. Haw. Rev. Stat. § 134-2(f). []
  62. Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B. []
  63. Conn. Gen. Stat. §§ 29-33(e), 29-37a(d), (f)(3). []
  64. Haw. Rev. Stat. § 134-2(f). []
  65. Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B. []
  66. Ala. Code § 13A-11-79. []
  67. Md. Code Ann., Pub. Safety §§ 5-101(r), 5-120, 5-123(d), 5-124(e). []
  68. Mich. Comp. Laws §§ 28.422(5), (6), 28.422a(2), (3). []
  69. N.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Code §§ 13:54-1.8(b). []
  70. N.Y. Penal Law §§ 265.00(3), 400.00(12). []
  71. 18 Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.4). []
  72. Wash. Rev. Code Ann. §§ 9.41.110(9), 9.41.129. []
  73. In Oregon, dealers buying or accepting in trade used firearms are required to record the name of the person selling or trading the firearm, and the make, model and manufacturer’s identification number of the firearm, and submit a copy of the record to local law enforcement.  Or. Rev. Stat. § 166.427. []
  74. Md. Code Ann., Pub. Safety §§ 5-101(r), 5-120, 5-123(d), 5-124(e). []
  75. Mich. Comp. Laws §§ 28.422(5), (6), 28.422a(2), (3). []
  76. N.J. Stat. Ann. §§ 2C:58-2e, 2C:58-3h, N.J. Admin. Code §§ 13:54-1.8(b). []
  77. 18 Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.4). []
  78. See N.Y. Penal Law § 400.00. []
  79. An administrative regulation in Colorado requires the destruction of background check records within 24 hours. 8 Colo. Code Regs. § 1507-20. []
  80. 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. []
  81. 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). []
  82. Fla. Stat. Ann. §§ 790.335, 790.065(4)(a). []
  83. Neb. Rev. Stat. Ann. § 69-2412. []
  84. N.H. Rev. Stat. Ann. § 159-D:2. []
  85. R.I. Gen. Laws §§ 11-47-35(a)(2), 11-47-35.2(b). []
  86. Tenn. Code Ann. § 39-17-1316(j). []
  87. Utah Code Ann. § 76-10-526(8). []
  88. 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). []
  89. Wis. Stat. § 175.35(2k)(ar). []