Where do my Background Check Forms go? - The Legal Brief

Published on October 27, 2017
Duration: 5:17

This video explains the lifecycle of the ATF Form 4473 after a firearm purchase. Licensed dealers must retain these forms for at least 20 years. Upon business discontinuation, records are sent to the ATF Out of Business Record Center in West Virginia. Federal law prohibits the creation of a searchable registry of non-NFA firearms, meaning the ATF cannot link specific individuals to firearms through these records.

Quick Summary

Licensed firearm dealers must keep ATF Form 4473s for at least 20 years after firearm disposition. Upon business closure, these records are sent to the ATF Out of Business Record Center. Federal law prohibits the ATF from creating a searchable registry linking firearms to individuals.

Chapters

  1. 00:00Introduction: The Legal Brief
  2. 00:06Host Introduction: Adam Kraut
  3. 00:11Question: What happens to the 4473?
  4. 00:48NRA Board of Directors Announcement
  5. 01:04What is the Form 4473?
  6. 01:15Form 4473 Completion Process
  7. 01:30Post-NICS Outcome
  8. 01:39Where the 4473 Goes
  9. 01:41Dealer Retention Requirements
  10. 01:59ATF Access to Records
  11. 02:05Records Upon Business Discontinuation
  12. 02:16Addressing the 'Registry' Concern
  13. 02:26ATF Out of Business Record Center
  14. 02:43Storage Formats: Microfilm to PDF
  15. 02:55Four Ways 4473s Exist at ATF
  16. 03:14Microfilm to PDF Conversion
  17. 03:18Location of Records: West Virginia
  18. 03:22Purpose of Record Retention: Tracing
  19. 03:28Firearms Trace Process
  20. 03:48Dealer Records for Tracing
  21. 03:55Out of Business Record Center Role in Tracing
  22. 04:09Summary: Where the 4473 Lives
  23. 04:22Reiterating Registry Prohibition
  24. 04:37Call to Action: Share and Subscribe
  25. 04:47Social Media and Website Promotion
  26. 04:53Conclusion

Frequently Asked Questions

How long do gun dealers have to keep Form 4473s?

Licensed firearm dealers are legally required to retain each Form 4473 for a minimum of 20 years after the firearm has been sold or otherwise disposed of. This ensures records are available for compliance and tracing purposes.

What happens to Form 4473s when a gun store goes out of business?

When a licensed firearms dealer ceases operations, they must transfer all their Form 4473 records to the ATF Out of Business Record Center within 30 days of closing. These records are then stored by the ATF.

Can the ATF create a searchable registry of firearms from Form 4473s?

No, federal law explicitly prohibits the creation of a firearm registry, except for NFA items. The ATF cannot digitize Form 4473 records in a way that makes them searchable or links specific firearms to individual purchasers.

How are Form 4473s used in firearms tracing?

When a firearm is recovered in a crime, law enforcement can request a trace from the ATF. The ATF uses records like Form 4473s, held by dealers or the Out of Business Record Center, to track the firearm's original sale and subsequent ownership history.

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