§ 478.129 Record retention.

  1. a.(a) Records prior to Act. Licensed importers and licensed manufacturers may dispose of records of sale or other disposition of firearms prior to December 16, 1968. Licensed dealers and licensed collectors may dispose of all records of firearms transactions that occurred prior to December 16, 1968.

  2. b.(b) Firearms Transaction Record. Licensees shall retain each Form 4473 until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b), provided that Forms 4473 with respect to which a sale, delivery, or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.

    a.(a) Firearms Transaction Record. Licensees must retain each Firearms Transaction Record, ATF Form 5300.9 (“Form 4473”), for no less than 20 [or 30] years from the date on which they sell or otherwise dispose of a firearm. FFLs must maintain Forms 4473 as either paper forms or e-Forms 4473, at the business premises, readily accessible for inspection under this part, and as provided in § 478.124(h) and (i), except:

    1. 1.(1) Not-completed transactions. If a Form 4473 is initiated but a sale, delivery, or transfer does not take place, the FFL must retain the associated Form 4473 separately in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order for no less than five years after the potential transferee initially signs the form to initiate the NICS check.

    2. 2.(2) Private-party transfers. FFLs must retain Forms 4473 used for private-party transfers for no less than 90 days from the date on which they initiate the associated background check. They must retain them alphabetically (by name of transferee) or chronologically (by date of transferee’s certification). However, licensees must retain Forms 4473 used for this purpose that receive a “denied” response from NICS for no less than five years and may then dispose of them. These records do not constitute licensee firearms records, and the licensee therefore does not send them to ATF’s Out-of-Business records center when the FFL absolutely discontinues its business.

    3. 3.(3) Voluntary firearms handler checks. FFLs must retain Forms 4473 used for voluntary firearms handler checks for no less than 90 days from the date on which they initiate the associated background check. They must retain them alphabetically (by name of employee) or chronologically (by date of employee’s certification). These records do not constitute licensee firearms records, and the licensee therefore does not send them to ATF’s Out-of-Business records center when the FFL absolutely discontinues its business.

  3. c.(c) Statement of intent to obtain a handgun, reports of multiple sales or other disposition of pistols and revolvers, Licensees shall retain each Form 5300.35 (Statement of Intent to Obtain a Handgun(s)) for a period of not less than 5 years after notice of the intent to obtain the handgun was forwarded to the chief law enforcement officer, as defined in § 478.150(c). Licensees shall retain each copy of Form 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers) for a period of not less than 5 years after the date of sale or other disposition. Licensees shall retain each copy of Form 3310.11 (Federal Firearms Licensee Theft/Loss Report) for a period of not less than 5 years after the date the theft or loss was reported to ATF.

  4. b.(b) Reports of multiple sales or other disposition and theft/loss reports. Licensees must retain each copy of Form 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers) and Form 3310.12 (Report of Multiple Sale or Other Disposition of Certain Rifles) for no less than five years after the date they sell or otherwise dispose of the firearms. Licensees must retain each copy of Form 3310.11 (Federal Firearms Licensee Theft/Loss Report) for no less than five years after the date they report the theft or loss to ATF.

  5. d.(d) Records of importation and manufacture. Licensees shall maintain records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A as required by subpart G of this part, until business or licensed activity is discontinued. Licensed importers' records and licensed manufacturers' records of the sale or other disposition of firearms after December 15, 1968, shall be retained until business is discontinued, either on paper or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper records that do not contain any open disposition entries and with no dispositions recorded within 20 years may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part.

  6. c.(c) Importer and manufacturer acquisition records. Licensed importers and manufacturers must retain acquisition records required by this part until they discontinue business, including those from prior to 1968. These acquisition records include documents on importing, manufacturing, or other acquisition methods, including ATF Forms 6 and any corresponding ATF Forms 6A as required by subpart G of this part. These licensees must maintain the records in either paper or an authorized electronic method, at the business premises, and readily accessible for inspection under this part. Licensees may store paper records that do not contain any open entries and with no acquisitions recorded within 20 years at a separate warehouse, which ATF will consider as part of the business premises for this purpose and which will be subject to inspection under this part.

  7. e.(e) Records of dealers and collectors. The records prepared by licensed dealers and licensed collectors of the sale or other disposition of firearms and the corresponding record of receipt of such firearms shall be retained until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business or collection premises readily accessible for inspection under this part. Paper records that do not contain any open disposition entries and with no dispositions recorded within 20 years may be stored at a separate warehouse, which shall be considered part of the business or collection premises for this purpose and subject to inspection under this part.

  8. d.(d) All other acquisition and disposition records. Except for records described in paragraph (c) of this section, licensees must retain records required by this part for no less than 20 [or 30] years from the date on which they sell or otherwise dispose of a firearm. This includes importer and manufacturer disposition records. For each firearm, licensees must retain the acquisition records (purchase, other receipt, or other acquisition), and the corresponding disposition records (sale or other disposition), for the firearm. Licensees must maintain the records in either paper or an authorized electronic method, at the business premises, and readily accessible for inspection under this part. Licensees must retain a record containing multiple sale or other disposition dates in its entirety for no less than 20 [or 30] years after the date of the most recent sale or other disposition contained in that record.

  9. f.(f) Retention of records of transactions in semiautomatic assault weapons. The documentation required by §§ 478.40(c) and 478.132 shall be retained in the licensee's permanent records for a period of not less than 5 years after the date of sale or other disposition.