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Firearms Registration Question

Discussion in 'Legal' started by Hawkmoon, Jun 30, 2005.

  1. Hawkmoon

    Hawkmoon Senior Member

    May 5, 2004
    Please bear with me if I'm a bit fuzzy. If I knew where to look, I wouldn't be asking.

    Is there a Federal law that prohibits the maintaining of a firearms registry? If so, is it the FOPA that contains this prohibition, or some other statute or regulation?

    Almost more importantly, how does this law/statute/regulation affect the states ... if it affects them at all? I ask because of a recent discussion. My state requires an approval from the state for any firearm transfer. In addition to the BATFE form, the state also requires a form to be filled out in triplicate. One copy goes to the buyer, one to the state police, and one to the police department of the city in which the buyer lives.

    It was mentioned that the buyer should maintain those copies in perpetuity. Being the poster child for terminal disorganization that I am, I succeeded in almost instantly misplacing the state form for a recent purchase. I was rather frantic, until I remembered that the local PD probably has a copy. So I called to ask if I could get a copy of their copy.

    After some hedging around about FOI and whether it would be permissable to give me a copy of a form I am already supposed to have (?!?), they decided I could have it, so I went to pick it up. In chatting up the records clerk I asked her what they do with them.

    "Oh, we keep them on file. We think we should know where all the guns are in town."

    So this is a gun registry. Is it legal under whatever Federal law I'm trying to dredge up, or is it not legal?

    (Stay tuned. I have some vague ideas about how Raich could/should apply here, but I need to get my background info straight.)
  2. Valkman

    Valkman Mentor

    Jul 31, 2003
    North Las Vegas, NV
    Just because they have a list doesn't mean it's illegal - we have handgun registration here in Vegas. It's illegal for the Feds to keep a registry but I'm sure many localities do it legal or not.

    But this is laughable:

    "Oh, we keep them on file. We think we should know where all the guns are in town."

    Of course the idiots don't realize it's list of the LEGAL guns in town, the ones that DON'T commit the crimes. They never understand that criminals don't obey the rules.
  3. brickeyee

    brickeyee Senior Member

    Feb 25, 2005
    The budget bill for BATF (now BATFE or whatever) has included a provision that no money may be used to computerize the 4473 records held by the agency. This provision has been included in every bill for a while now.
    All the old forms remain on paper in file cabinets. They can be searched, just not very conveniently.

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