NICS - Brady question

[rajb123]

What happens to the information that is submitted on ATF Form 4473?

Is this supposed to be destroyed by the federal government after a certain period; if your application (transfer request) is denied, is the information retained and shared with others?

Thx...

 

[dogtown tom]

rajb123 What happens to the information that is submitted on ATF Form 4473?
Is this supposed to be destroyed by the federal government after a certain period; if your application (transfer request) is denied, is the information retained and shared with others?
Thx...

Dealers are required to keep the Form 4473 for twenty years if a transfer occured, five years if no transfer occured. After that time they may be destroyed.

If the dealer goes out of business, his license expires or is revoked his remaining records are sent to ATF.

 

[rajb123]

Thx....

I thought the Brady law was designed to prevent the creation of a national database on firearms ownership/transactions and that the information gathered on the ATF forms was supposed to be destroyed within a short period of time.

 

[TexasRifleman]

I thought the Brady law was designed to prevent the creation of a national database on firearms ownership/transactions and that the information gathered on the ATF forms was supposed to be destroyed within a short period of time.

Well the idea is that ATF isn't supposed to keep transaction data, and they don't as far as the NICS goes.

When you buy a firearm the specifics of that firearm are not sent to NICS, nor do they keep the info used to verify your eligibility to purchase the firearm. The "make model and serial number" are not sent.

So, since the specifics of the 4473 are not sent in anyway, there is no direct connection between a database and the 4473s.

 

[dogtown tom]

Just so it is clear.....

FBI= NICS
ATF= 4473's

The "Brady Law" requires a criminal background check prior to the transfer. The FBI NICS provides this service in most states (some states use their own police or agency for the background check).

The FBI is prohibited by law from retaining information on allowed NICS transactions, they must purge that information before the start of the next business day. "Denied" transactions information is purged if the NICS appeal results in a "Proceed".