Just as it regulates retention of these records, the Brady Act regulates access to them. The government may access a completed Form 4473 in only three circumstances: during a routine inspection of the dealer, when the dealer goes out of business and is not replaced by a successor, or in the course of a criminal investigation. 18 U.S.C. § 923(g). Similarly, the NICS index may only be accessed for purposes unrelated to NICS background checks when providing information related to issuing a firearm permit, in response to an inquiry from the Bureau of Alcohol, Tobacco, Firearms, and Explosives in connection with a civil or criminal law enforcement activity, or for the purpose of disposing firearms in the possession of a government agency. 28 C.F.R. § 25.6(j).
Under the Gun Control Act enumerated in 18 U.S.C. § 923(g)(1)(A) and 27 C.F.R. § 478.125(e), FFLs must maintain specific records of importation, production, shipment, receipt, sale, or other disposition of firearms at their place of business for such period; all which may be subject to ATF inspection, for purposes of criminal and administrative proceeding. Currently regulations provide a form for keeping such records, an Acquisition and Disposition log, or bound book (colloquially termed) for this specific information be gathered and recorded. Many FFLs keep their bound book in print format but more and more FFLs are turning to electronic log systems like Fastbound or FFL Boss, raising many privacy concerns with 2A advocates. Federal law prohibits ATF from accessing these records unless there is a pending criminal investigation or issue with FFL compliance see 18 U.S.C. 923(g)(1)(A). Furthermore, absent a criminal investigation if there is a multiple sale of firearms under 18 U.S.C.A. § 923, the FFL must send records to the state’s reporting authority for further investigation if such is found necessary.
“For nine years, FY2004 through FY2012, Congress included a general provision in the annual DOJ appropriations bill that required the FBI to destroy within 24 hours background check records on persons who are found eligible to receive and possess firearms” see Consolidated and Further Continuing Appropriations Act, 2012, P.L. 112-55, November 18, 2011, 125 Stat. 552, 632. Actual FFLs are required to maintain and preserve their 4473 records for up to 20 years and must maintain a log of their activities. (27 C.F.R. §478.129) and Final Rule 2021R-05F effective on August 24, 2022.
The Consolidated and Further Continuing Appropriations Act, 2012 mandates that no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code. Shortly stated this means that ATF must not create a searchable database of these records which director Dettelbach has stated that they disabled the search feature on their PDF systems. As advocacy groups have pointed out, the wording of the code does not bar searches by other metrics like model, NFA status, etc. Upon receipt, ATF scans the 4473 with softwares (DocNetics Scan) capable of converting aspects of the documents to searchable entries.
ATF and 2A advocates sought to protect firearm personal data with the Tiahrt Riders which provided that no funds appropriated under any Act may be used to disclose part or all of the contents of the Firearms Trace System database (like FOIA disclosure requests). The Dickey amendment is similar in nature that it foreclosed the __ from using funding to _____.
CA maintains a very active and thorough registry. It is one of the reasons CA has earned an A rating from Giffords and Everytown for Gun Safety.
CA has on several occasions leaked the emails of CCW holders.
“The investigation found that some confidential personal data of roughly 192,000 individuals who applied for a concealed carry weapons (CCW) permit from approximately 2012-2021 was unintentionally disclosed due to the incident, which, as previously reported by DOJ, occurred on June 27 and June 28, 2022. This unauthorized release of personal information was unacceptable. This was more than an exposure of data, it was a breach of trust that falls far short of my expectations and the expectations Californians have of our department,” said Attorney General Bonta”.
Under the Gun Control Act enumerated in 18 U.S.C. § 923(g)(1)(A) and 27 C.F.R. § 478.125(e), FFLs must maintain specific records of importation, production, shipment, receipt, sale, or other disposition of firearms at their place of business for such period; all which may be subject to ATF inspection, for purposes of criminal and administrative proceeding. Currently regulations provide a form for keeping such records, an Acquisition and Disposition log, or bound book (colloquially termed) for this specific information be gathered and recorded. Many FFLs keep their bound book in print format but more and more FFLs are turning to electronic log systems like Fastbound or FFL Boss, raising many privacy concerns with 2A advocates. Federal law prohibits ATF from accessing these records unless there is a pending criminal investigation or issue with FFL compliance see 18 U.S.C. 923(g)(1)(A). Furthermore, absent a criminal investigation if there is a multiple sale of firearms under 18 U.S.C.A. § 923, the FFL must send records to the state’s reporting authority for further investigation if such is found necessary.
“For nine years, FY2004 through FY2012, Congress included a general provision in the annual DOJ appropriations bill that required the FBI to destroy within 24 hours background check records on persons who are found eligible to receive and possess firearms” see Consolidated and Further Continuing Appropriations Act, 2012, P.L. 112-55, November 18, 2011, 125 Stat. 552, 632. Actual FFLs are required to maintain and preserve their 4473 records for up to 20 years and must maintain a log of their activities. (27 C.F.R. §478.129) and Final Rule 2021R-05F effective on August 24, 2022.
The Consolidated and Further Continuing Appropriations Act, 2012 mandates that no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code. Shortly stated this means that ATF must not create a searchable database of these records which director Dettelbach has stated that they disabled the search feature on their PDF systems. As advocacy groups have pointed out, the wording of the code does not bar searches by other metrics like model, NFA status, etc. Upon receipt, ATF scans the 4473 with softwares (DocNetics Scan) capable of converting aspects of the documents to searchable entries.
ATF and 2A advocates sought to protect firearm personal data with the Tiahrt Riders which provided that no funds appropriated under any Act may be used to disclose part or all of the contents of the Firearms Trace System database (like FOIA disclosure requests). The Dickey amendment is similar in nature that it foreclosed the __ from using funding to _____.
CA maintains a very active and thorough registry. It is one of the reasons CA has earned an A rating from Giffords and Everytown for Gun Safety.
CA has on several occasions leaked the emails of CCW holders.
“The investigation found that some confidential personal data of roughly 192,000 individuals who applied for a concealed carry weapons (CCW) permit from approximately 2012-2021 was unintentionally disclosed due to the incident, which, as previously reported by DOJ, occurred on June 27 and June 28, 2022. This unauthorized release of personal information was unacceptable. This was more than an exposure of data, it was a breach of trust that falls far short of my expectations and the expectations Californians have of our department,” said Attorney General Bonta”.
