Can States keep the data from background checks for ammo?

[twofewscrews]

As I understand it, when a background check is run though NICS the information is not kept by the federal government but is retained by the FFL for a period of 20 years.
A NICS check can only be used to determine if a person can legally purchase a firearm and may be (not so sure about this) used by an FFL to run a background check on a prospective employee.

The NY State Police will now preform background checks for ammunition.

Can the NYSP retain/compile/store the information regarding ammunition purchases?

The NY State Police will now also become the Point of Contact for NICS checks.

Can they store the information provided to them to run the NICS check?

 

[RickD427]

As I understand it, when a background check is run though NICS the information is not kept by the federal government but is retained by the FFL for a period of 20 years.
A NICS check can only be used to determine if a person can legally purchase a firearm and may be (not so sure about this) used by an FFL to run a background check on a prospective employee.

The NY State Police will now preform background checks for ammunition.

Can the NYSP retain/compile/store the information regarding ammunition purchases?

The NY State Police will now also become the Point of Contact for NICS checks.

Can they store the information provided to them to run the NICS check?

That's gonna depend on the provisions of New York state law.

There is no federal prohibition on the keeping of such records.

Many folks like to cite the provisions of 18USC926 as prohibiting the maintenance of a database of firearms transactions. It does that, but it only applies to information collected under the provisions of Chapter 44 of Title 18 (primarily the contents of Form 4473). That prohibition does not extend to information collected from other sources.

 

[CapnMac]

As I understand it, when a background check is run though NICS the information is not kept by the federal government but is retained by the FFL for a period of 20 years.

Not quite. The info on the 4472, which is kept by the FFL, is not the same information sent to NICS which can start from the same place, but is a subset.

The NICS record number winds up typically included on the 4473 form kept by the FFL. But, the response is still only Proceed/Deny/Delay to the query.

Now, NYS (IIRC) is a POC (point of contact) State--they are meant to keep their own records of who is prohibited or not.
What they do with that collected data is subject to the State Law that enacts it.
Now that some States are also collecting data on ammo purchases, again, that's for the State to establish in their own laws.

Can NYS keep their check info? Maybe. Mind, last I heard they had yet to get the actual required from out to the retailers.

 

[Styx]

In VA, the FFL contacts the state police with all of our information, and it's the state police who uses NICS and other sources. I have no idea if NY is the same way, but if they are, I would not be surprised if they kept such information.

Another thing is, if you purchase more than one handgun within from the same FFL within 5 consecutive days, it has to be reported to the ATF and the state police. I don't know for sure, but I'd still bet my life and my childrens' lives that they're keeping the records.

Lastly, if an FFL goes out of business, they have to send their records to the ATF.

I just assume that if I buy or have a gun transferred through an FFL, they'll be a indefinite record of it. I already had two FFLs that I transferred around 20 firearms through go out of business years ago, so the ATF has all that information on me.

 

[dobedo]

In MD the State Police do the background check on handguns and there is a list of approved handguns you can buy in the state. The long gun checks are done via NCIS and the FFL keeps the records. I was born and raised in NY and migrated to MD after 21 years in the USCG. Some states like NY are tightening the ammo buys and can track your buys. The work around as a NY resident is hop ro PA and buy reloading equipment before they ban reloading too.

 

[jmorris]

Sure they keep it, if it’s out there they can. That’s why some don’t like such records.

It might not be legal but since when has that stopped people in control?

 

[Styx]

Sure they keep it, if it’s out there they can. That’s why some don’t like such records.

It might not be legal but since when has that stopped people in control?

That's because there are no consequences if they ignore the law and regulations.

 

[CapnMac]

POC States are actually not supposed to use NICS at all--that's why they get to be POC States, it reduces the workload for NICS.
Now, several of the POC States actually do use NICS, allegedly for people without "history" in that State. Some because they are mendacious.
The Feebs are allowed to bill POC States for flagrantly using NICS--but they get to decide how that's defined.

 

[shafter]

Nothing digital is ever truly gone. I would expect that my information is being stored somewhere.

 

[twofewscrews]

The tinfoil hat wearing me is terrified my name is on a list and when the Chinese invade via Canada they'll somehow get the list and I'll be sought out and killed . . . but its alot of work to stay that paranoid

Thanks for all the info. though its not what I was hoping for. Oh well. I'm on a list. What can ya do.

 

[hso]

Can the NYSP retain/compile/store the information regarding ammunition purchases?

Nothing prohibiting them.

 

[Anchorite]

Why not? Where I live, the local SO has a database of pistol permit holders. The fact that we now have “open carry” is meaningless. What could possibly go wrong?

 

[MEHavey]

If the data exists . . .
it will be used.

That is the 1st rule of any government . . .
no matter the subject, no matter the contravening laws & policies.
Keep it in mind . . .