Click here to see current summaries of all fifty states’ laws in this area.

The following material is from LCPGV’s February 2008 edition of Regulating Guns in America – An Evaluation and Comparative Analysis of Federal, State and Selected Local Gun Laws.

Background

Records of background checks of prospective firearms purchasers and records of completed firearms sales are critical tools for law enforcement. These records are most useful to law enforcement when they are collected in a central database and retained indefinitely.

Federally licensed firearm dealers (FFLs) are required to conduct background checks on prospective firearms purchasers to ensure that the firearm transfer would not violate federal or state law.¹ Although background check records do not identify the firearm to be purchased, they can help law enforcement deter fraud and detect dealers who might be providing false information about a prohibited person. 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.² By accessing the background check records, law enforcement can verify that a dealer’s transaction records match the information submitted to NICS.³

Sales records, completed after a background check is approved, include information about the firearm(s) being purchased, as well as the purchaser.⁴ Sales records are an indispensable tool for tracing the ownership of firearms recovered in crimes.⁵ Without a central repository of firearm sales records, gun tracing is a slow, cumbersome process.⁶

Crime gun tracing also allows law enforcement to discover potential firearms trafficking and unlawful business practices by firearms dealers.⁷ A number of states collect and retain firearms sales information reported by firearms dealers. Collecting sales information from dealers falls short of a complete repository, however, because it does not include transfers made by private sellers, except in jurisdictions that require private sellers to conduct transfers through licensed dealers.⁸

Summary of Federal Law

Background Check Records: Until 2004, information on approved NICS background checks was retained by NICS for ninety days.⁹ This information helped ATF deter fraud and detect dealers who might be providing false information about a prohibited person, by inspecting a dealer’s records within the ninety-day period and verifying that the records matched the information earlier submitted to NICS.¹⁰ If discrepancies were found, ATF could conduct a further investigation of the dealer to determine whether the dealer submitted false information to NICS.¹¹ In a recent review of trafficking investigations, ATF determined that corrupt dealers are a significant source of trafficked firearms.¹²

As of July 2004, approved purchaser information is no longer kept for ninety days but is instead destroyed within twenty-four hours of the official NICS response to the dealer.¹³ 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. The Department of Justice Inspector General noted that the shortened retention time makes it much easier for corrupt firearm dealers to avoid detection.¹⁴ Federal law also specifically prohibits using NICS to create any system of registration of firearms or firearm owners.¹⁵

The FBI maintains indefinitely the records of prospective purchasers whose applications are denied.¹⁶

Sales Records: FFLs are required to maintain records of the acquisition and sale of firearms indefinitely.¹⁷ 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.¹⁸ 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.¹⁹ When a firearms business is discontinued, these records are delivered to the successor or, if none exists, to the Attorney General.²⁰

With very limited exceptions, records of firearm sales are not maintained at the federal level. The National Firearms Act Branch of 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.²¹

SUMMARY OF STATE LAWS CONCERNING
RETENTION OF FIREARM SALES AND BACKGROUND CHECK RECORDS

State laws governing retention of firearm sales records fall into the following categories: (1) states that require sellers to retain sales records for a specified time period; and
(2) states that retain records of firearms sales as reported by sellers to law enforcement.²² Application of these laws to licensed dealers and private sellers is explained below. 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

States that Require Sellers to Retain Records of All Firearm Sales

State (Length of Retention)
California (3 years)
Connecticut (5 years)⁴⁵
District of Columbia (unspecified)
Georgia (5 years)
Illinois (10 years)
Maine (unspecified)
Massachusetts (unspecified)
Michigan (unspecified)
Oregon (5 years)
Pennsylvania (20 years)
Rhode Island (6 years)
Tennessee (unspecified)⁴⁶

States that Require Sellers to Retain Handgun Sales Records
State (Length of Retention)
Alabama (permanent)
Colorado (unspecified)
Delaware (unspecified)
Mississippi (unspecified)
New Jersey (unspecified)
North Carolina (unspecified)
Vermont (6 years)
Washington (6 years)

States that Require Sellers to Retain Records of Other Firearm Sales
State (Length of Retention)
Maryland (“regulated firearms”)⁴⁷ (3 years)
New York (handguns, assault weapons, and rifles and shotguns of certain dimensions) (unspecified)
Pennsylvania (handguns and certain rifles and shotguns) (20 years)

States That Retain Seller-Reported Sales Information
Alabama⁴⁸
California⁴⁹
Connecticut⁵⁰
Maryland⁵¹
Massachusetts⁵²
Michigan⁵³
New Jersey⁵⁴
New York⁵⁵
Pennsylvania⁵⁶
Washington⁵⁷

States that Retain Seller-Reported Information on All Firearm Sales
Connecticut
Massachusetts

States that Retain Seller-Reported Information on Handgun Sales
Alabama
California
Michigan
New Jersey
Washington

States that Retain Dealer-Reported Information on Other Firearm Sales
Maryland (“regulated firearms”)
New York (handguns, assault weapons, and short-barreled rifles and shotguns)
Pennsylvania (handguns and certain rifles and shotguns)

States that are Required by Statute to Purge Background Check Records
Delaware⁵⁸
Florida⁵⁹
Nebraska⁶⁰
New Hampshire⁶¹
Rhode Island⁶²
Tennessee⁶³
Utah⁶⁴
Virginia⁶⁵
Wisconsin⁶⁶

Description of State Laws Governing Retention of Firearm Sales and Background Check Records

1. States that Require Sellers to Retain Firearm Sales Records: Twenty-one states and the District of Columbia require sellers to maintain sales records reflecting the identity of the purchaser and the firearm purchased.

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

• Licensed Dealers: California, Connecticut, Georgia, Illinois, Maine, Massachusetts, Michigan, Oregon, Pennsylvania, Rhode Island, Tennessee and the District of Columbia require licensed dealers to maintain records of sales of all firearms. Maine, Massachusetts, Michigan, Tennessee 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: Private sellers in Illinois and Rhode Island are also required to maintain records of sales of all firearms. In California and the District of Columbia, all firearm transfers must be conducted through licensed dealers, thereby ensuring that the recordkeeping requirements on licensed dealers will include records of private sales.⁶⁷

b. States that Require Sellers to Retain Records of Handgun Sales Only

• Licensed Dealers: Alabama, Colorado, Delaware, Mississippi, New Jersey, North Carolina, Vermont and Washington require licensed dealers to maintain records of handgun sales only. The retention period is typically six years. Delaware, Mississippi, New Jersey and North Carolina do not specify the period of retention.

• Private Sellers: Connecticut requires private sellers to maintain handgun sales records.

c. States that Require Sellers to Retain Records of Other Firearm Sales: Maryland requires dealers to maintain copies of the application for transfer of a regulated firearm (defined as handguns and assault weapons) for three years. New York requires dealers to maintain copies of transaction reports for handguns, assault weapons, and rifles and shotguns of certain dimensions. The time of retention in unspecified. In Pennsylvania, all transfers of handguns and rifles and shotguns with specified dimensions must be conducted through licensed dealers, thereby ensuring that the recordkeeping requirements on licensed dealers will include records of private sales of these firearms.

2. States that Retain Firearm Sales Information Reported by Sellers to Law Enforcement: Ten 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.

a. States that Retain Seller-Reported Information on All Firearm Sales

• Licensed Dealers: Two states – Connecticut and Massachusetts – maintain records submitted by dealers of all firearm transactions.⁶⁸

• Private Sellers: Massachusetts retains sales records for all firearms reported by private sellers.

b. States that Retain Seller-Reported Information on Handgun Sales Only:

• Licensed Dealers: Alabama, California, Michigan,⁶⁹ New Jersey and Washington retain records of all handgun sales reported to state law enforcement by licensed dealers.

• Private Sellers: Connecticut retains handgun sales records reported by private sellers. In California, all firearm transfers must be conducted through licensed dealers, thereby ensuring that sales reporting requirements will include private sales. California retains reports of handgun sales.

c. States that Retain Seller-Reported Information on Other Firearms Sales

• Licensed Dealers: Maryland retains records of transfers of “regulated firearms,” which are defined as handguns and assault weapons. In New York, every licensed firearms dealer must keep a record of handgun, short-barreled rifle and shotgun, and assault weapon sales, copies of which are delivered to and retained by the New York State Police. Pennsylvania maintains records of handgun sales and sales of rifles and shotguns with specified dimensions.⁷⁰

• Private Sellers: Maryland and Pennsylvania also retain records of private transfers of the specified firearms.

3. States that are Required by Statute to Purge Background Check Records: Nine states (Delaware, Florida, Nebraska, New Hampshire, Rhode Island, Tennessee,⁷¹ Utah, Virginia⁷² and Wisconsin) specify short time limits after which firearm background check records must be purged, ranging from twenty-four hours to sixty days after the application is approved.⁷³

SUMMARY OF SELECTED⁷⁴ LOCAL LAWS CONCERNING RETENTION OF FIREARM SALES AND BACKGROUND CHECK RECORDS

LCAV has not identified any local laws governing retention of background check records. The following local laws address retention of firearm sales records.

Local Laws Concerning Retention of Firearm Sales Records
Chicago⁷⁵
Cleveland⁷⁶
Columbus⁷⁷
Hartford⁷⁸
New York City⁷⁹
Omaha⁸⁰

Chicago: Chicago requires firearms dealers to maintain registers of all firearms and ammunition sold, loaned, rented or given away, including the names of the purchasers and descriptions of the firearms and ammunition. Chicago also requires daily sales reporting by dealers to the Superintendent of Police. In Chicago, all firearm transfers, including those by private sellers, must be conducted through licensed dealers, thereby subjecting all transfers to the recordkeeping and reporting requirements.⁸¹

Cleveland: In Cleveland, every handgun dealer must record the purchase and sale of handguns. The records of any sale must be given to the Chief of Police within 24 hours of the sale. The Chief of Police keeps permanent records of handgun sales.

Columbus: In Columbus, every firearms dealer must record any firearm transaction and provide the local division of police a report of all transactions in the preceding 24 hours.

Hartford: In Hartford, sellers of handguns must keep a record of all handguns transferred, and make the records available to law enforcement or the city clerk “at all reasonable times.” Transferors also must submit a record of the handgun transfer information to the Chief of Police no later than the last business day of the month in which the handgun was transferred.

New York City: Firearms dealers in New York City must maintain a record of every transaction involving a firearm. Such records are subject to inspection at all times by law enforcement.

Rifle and shotgun dealers must maintain a record book provided by the Rifle/Shotgun Section of the License Division of the New York City Police Department. The record book must contain a record of all rifles and shotguns purchased and transferred by the dealer.

Dealers in handguns and short-barreled rifles and shotguns also must maintain a record book detailing all transactions. When a handgun or short-barreled rifle or shotgun is received or transferred, the dealer must record the name, address, age, occupation and a description of the recipient or transferee’s authority to purchase, carry or possess the weapon. In addition, the make, caliber and serial number of each firearm transferred, the date and time of the transaction and the name of the dealer or employee effecting the transaction must be recorded. When a dealer transfers a handgun or short-barreled rifle or shotgun, he or she must also record the number of the transferee’s license to purchase, carry or possess the weapon, and the name of the police officer who issued it.

The records of rifle and shotgun dealers as well as handgun and short-barreled rifle and shotgun dealers must be maintained on the premises permanently and surrendered to the police department when a dealer ceases to do business.

Handgun and short-barreled rifle and shotgun dealers also must complete and forward a “Pistol Index” card to the police department’s Stolen Property Inquiry Section within 72 hours of every transfer of a handgun or short-barreled rifle or shotgun to an authorized transferee. Dealers who acquire a second-hand pistol or short-barreled rifle or shotgun must forward a “Dealer’s Report on Second-Hand Guns” to the Stolen Property Inquiry Section within 72 hours of the acquisition of the weapon.

Each time handgun ammunition is transferred by a dealer in New York City, he or she must record the quantity, caliber and type of ammunition; the name and address of the transferee; the date and time of the transaction; the number of the license or permit exhibited or description of the proof that the transferee exhibited showing why he or she is exempt from the licensing requirement. For each rifle and shotgun ammunition transfer, the dealer must record the same information described above as well as the caliber, make, model and manufacturer’s name and serial number of the rifle or shotgun for which the purchaser is purchasing ammunition.

Omaha: All persons engaging in the business of a firearm dealer in Omaha are required to record the details of any purchase, sale, rental, pawn, pledge or trade of a firearm. Firearms dealers also must provide daily reports to the Chief of Police of all firearms purchased or otherwise received by the dealer.

FEATURES OF COMPREHENSIVE LAW GOVERNING RETENTION OF FIREARM SALES AND BACKGROUND CHECK RECORDS

The features listed below are intended to provide a framework from which policy options may be considered and debated. LCAV has not attempted to include every provision or every creative approach identified in the analysis above, nor have we addressed appropriate exceptions so that the regulation does not produce unintended consequences. A jurisdiction considering modifying existing, or developing new legislation in this area should consult with counsel to ensure its legal sufficiency and compatibility with existing codes and statutes, as appropriate.

• Dealers are required to retain records of all firearms transfers (California, Connecticut, Georgia, Illinois, Maine, Massachusetts, Michigan, Oregon, Pennsylvania, Tennessee, District of Columbia, Chicago, New York City, Omaha)

• Private sellers are subject to similar recordkeeping requirements as licensed dealers, either because all transfers are conducted through licensed dealers (California, District of Columbia, Chicago; Pennsylvania requires transfers to be conducted through licensed dealers, but only for handguns), or because the requirements separately are imposed on private sellers (Illinois; Connecticut imposes recordkeeping requirement on private sellers, but only for handguns)

• 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 state (Massachusetts) and local (Chicago) law enforcement

• Law enforcement is required to retain firearm transfer information indefinitely

• Law enforcement is required to retain background check records indefinitely

1. Additional information on background checks is contained in the section on Background Checks. Some states also require private sellers to conduct background checks on prospective purchasers. Additional information on private sales is contained in the section on Private Sales. [↩]
2. 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 x-xi (July 2004), at http://www.usdoj.gov/oig/reports/ATF/e0405/final.pdf [hereinafter Evaluation & Inspection Report]. [↩]
3. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 13 (Nov. 2006) [hereinafter Survey of State Procedures], at http://www.ojp.usdoj.gov/bjs/pub/pdf/ssprfs05.pdf. [↩]
4. FFLs record sales information on a federal Firearms Transaction Record (ATF Form 4473), which includes identification of the prospective purchaser and, if the transaction is approved, the firearm(s) to be purchased. Additional information on ATF Form 4473 is contained in the section on Background Checks. [↩]
5. 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 the section on Registration of Firearms. [↩]
6. The National Tracing Center (NTC) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (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. Using that information, ATF contacts the manufacturer of the firearm to determine which FFL purchased the gun. ATF then must contact the FFL to obtain information on the original retail purchaser of the firearm. In 2003, the NTC was able to identify the initial retail purchaser of a crime gun 50 to 60% of the time. Evaluation & Inspection Report, supra note 2, at 8-9. After learning the identity of the initial retail purchaser, agents must then contact him or her to begin the process of manually tracing each subsequent owner. [↩]
7. Id. at 8-9. [↩]
8. Detailed information on laws governing private sellers is contained in the section on Private Sales. [↩]
9. Evaluation & Inspection Report, supra note 2, at x. [↩]
10. Id. at 51-54. [↩]
11. Id. [↩]
12. Violence Policy Center et al., Comments On Regulations Proposed by the Federal Bureau of Investigation, Department of Justice Regarding Changes to Regulations Implementing the National Instant Criminal Background Check System 10 (Sept. 4, 2001). [↩]
13. The requirement that approved purchaser information be destroyed within twenty-four hours has been included in the appropriations bills funding the Department of Justice (which includes ATF and the FBI) every year since 2004. 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); Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, H.R. 3093, 100th Cong. § 511 (2007). Each of these acts contains additional provisions which restrict disclosure of data obtained by ATF via crime gun traces. In 2006, Congress failed to pass H.R. 5005, which would have codified and made permanent the restrictions on disclosure of crime gun trace data. [↩]
14. Evaluation & Inspection Report, supra note 2, at x-xi; 51-54. [↩]
15. 28 C.F.R. § 25.9(b)(3). [↩]
16. Survey of State Procedures, supra note 3, at 17. [↩]
17. 18 U.S.C. § 923(g)(1)(A). [↩]
18. 27 C.F.R. § 478.125(e). [↩]
19. 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. [↩]
20. 18 U.S.C. § 923(g)(4). [↩]
21. 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. 18 U.S.C. § 922(o). The Act also includes, in a category defined as “any other weapon,” certain smooth-bore handguns. 26 U.S.C. § 5845(a), (e). The vast majority of handguns are excluded. [↩]
22. This summary does not discuss retention of records generated pursuant to state registration of firearms or state permit or license requirements. Detailed information on these topics is contained in the sections on Registration of Firearms and Licensing of Gun Owners or Purchasers. [↩]
23. Ala. Code § 40-12-143. [↩]
24. Cal. Penal Code § 12076(b)(2). [↩]
25. Colo. Rev. Stat. § 12-26-102. [↩]
26. Conn. Gen. Stat. §§ 29-31, 29-33(e), 29-37a(b). [↩]
27. Del. Code Ann. tit. 24, § 904. [↩]
28. D.C. Code Ann. § 7-2504.04(a)(3). [↩]
29. Ga. Code Ann. § 43-16-10.1. [↩]
30. 430 Ill. Comp. Stat. 65/3(b). [↩]
31. Me. Rev. Stat. Ann. tit. 15, § 455. [↩]
32. Md. Code Regs. 29.03.01.09(D). [↩]
33. Mass. Gen. Laws ch. 140, § 123. [↩]
34. Mich. Comp. Laws §§ 28.422a(2), 750.232. [↩]
35. Miss. Code Ann. § 97-37-11. [↩]
36. N.J. Stat. Ann. § 2C:58-2b. [↩]
37. N.Y. Penal Law § 400.00(12). [↩]
38. N.C. Gen. Stat. § 14-406. [↩]
39. Or. Rev. Stat. §§ 166.412(2)(f), 166.434. [↩]
40. 18 Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.1), 6111(b)(1.4), 6111(c), 6113(a)(5), 6113(d),
    37 Pa. Code § 33.111. [↩]
41. R.I. Gen. Laws §§ 11-47-35(a)(2), 11-47-35.2(b). [↩]
42. Tenn. Code Ann. § 39-17-1316(c). [↩]
43. Vt. Stat. Ann. tit. 13, § 4006. [↩]
44. Wash. Rev. Code Ann. § 9.41.110(9). [↩]
45. This summary does not discuss retention of records generated pursuant to state registration of firearms or state permit or license requirements. Detailed information on these topics is contained in the sections on Registration of Firearms and Licensing of Gun Owners or Purchasers. [↩]
46. Tennessee requires the seller to keep the thumbprint form accompanying the transaction record for one year. [↩]
47. Maryland defines “regulated firearms” to include handguns and assault weapons. [↩]
48. Ala. Code § 13A-11-79. [↩]
49. Although California dealers report all sales to state law enforcement, only records of handgun sales are retained. Cal. Penal Code § 11106(c). Cal. Penal Code §§ 11105, 11106(c). [↩]
50. Conn. Gen. Stat. §§ 29-33(e), 29-37a(b). [↩]
51. Md. Code Ann., Pub. Safety §§ 5-101(p),
    5-123(d), 5-124(e). [↩]
52. Mass. Gen. Laws. ch. 140, §§ 123, 128A, 128B. [↩]
53. Mich. Comp. Laws § 28.422a(2). [↩]
54. N.J. Stat. Ann. § 2C:58-2e. [↩]
55. N.Y. Penal Law §§ 265.00(3), 400.00(12). [↩]
56. 18 Pa. Cons. Stat. §§ 6111(b)(1), 6111(b)(1.4). [↩]
57. Wash. Rev. Code Ann. §§ 9.41.110(9), 9.41.129. [↩]
58. Del. Code Ann. tit 11, § 1448A(d). [↩]
59. Fla. Stat. Ann. § 790.065(4)(a). [↩]
60. Neb. Rev. Stat. Ann. § 69-2412. [↩]
61. N.H. Rev. Stat. Ann. § 159-D:2. [↩]
62. R.I. Gen. Laws §§ 11-47-35(a)(2), 11-47-35.2(b). [↩]
63. Tenn. Code Ann. § 39-17-1316(j). [↩]
64. Utah Code Ann. § 76-10-526(8). [↩]
65. Va. Code Ann. § 18.2-308.2:2(B)(3). [↩]
66. Wis. Admin. Code Jus 10.10(2)(c), §
    Wis. Stat. § 175.35(2k)(ar). [↩]
67. In addition, Alaska and Washington require pawnbrokers and second-hand dealers to maintain written records of all firearms transactions. Records in Washington must be kept for three years; the retention period is Alaska is unspecified. Alaska Stat. § 08.76.010; Wash. Rev. Code Ann. § 19.60.020. Mississippi also requires pawnbrokers to maintain records of sales of pistols for an unspecified retention period. Miss. Code Ann. § 97-37-11. [↩]
68. In addition, Oregon statutes provide that the state may retain records of firearm transactions reported by dealers for up to five years. Or. Rev. Stat. §§ 166.412, 166.434. [↩]
69. In Michigan, sales that must be reported are those to concealed weapons license holders. [↩]
70. 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. [↩]
71. Tennessee also provides that dealers “may” destroy the firearms transaction thumbprint form one year after its completion. Tenn. Code Ann. § 39-17-1316(c)(6). [↩]
72. 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). Dealers in Virginia are required to retain for two years the original consent form completed by applicants prior to the background check. Va. Code Ann. § 54.1-4201. [↩]
73. The majority of states retain records of transfers that are denied. Survey of State Procedures, supra note 3, at 79. [↩]
74. This section is based on research and analysis of existing firearms laws in: Boston, Massachusetts; Chicago, Illinois; Hartford, Connecticut; Los Angeles, California; Newark, New Jersey; New York, New York; Omaha, Nebraska; and San Francisco, California. LCAV selected these cities because they are located in states that grant local jurisdictions broad authority to regulate firearms. It also includes existing laws in Cleveland and Columbus, Ohio. Note, however, that in 2006, the Ohio Legislature passed House Bill 347 (overriding the Governor’s veto), which created Ohio Rev. Code Ann. § 9.68(A), a provision that purports to preempt all local authority to regulate firearms with few, limited exceptions. Legal challenges to the law are pending. Additional information about state laws governing local authority to regulate firearms is contained in the section of this report titled “The Legal Background.” [↩]
75. Chicago, Ill., Code §§ 4-144-040, 4-144-050. [↩]
76. Cleveland, Ohio, Code § 674.09. [↩]
77. Columbus, Ohio, Code § 545.04(c). [↩]
78. Hartford, Conn., Code §§ 21-58, 21-60. [↩]
79. New York, N.Y., Admin. Code §§ 10-131(i)(13), 10-302(n),
    10-306(e); New York, N.Y., Rules, tit. 38, §§ 1-05(b), 4-06. [↩]
80. Omaha, Neb., Code §§ 19-362, 19-363. [↩]
81. Chicago, Ill., Code § 8-20-170. [↩]