27 CFR Part 478.129

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.129]

[Page 116]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart H_Records

Sec. 478.129 Record retention.

(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.
(b) Firearms transaction record. Licensees shall retain each Form
4473 and Form 4473(LV) for a period of not less than 20 years after the
date of sale or disposition. Where a licensee has initiated a NICS check
for a proposed firearms transaction, but the sale, delivery, or transfer
of the firearm is not made, the licensee shall record any transaction
number on the Form 4473, and retain the Form 4473 for a period of not
less than 5 years after the date of the NICS inquiry. Forms 4473 shall
be retained in the licensee's records as provided in Sec. 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.
(c) Statement of intent to obtain a handgun, reports of multiple
sales or other disposition of pistols and revolvers, and reports of
theft or loss of firearms. 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 Sec.
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.
(d) Records of importation and manufacture. Licensees will maintain
permanent records of the importation, manufacture, or other acquisition
of firearms, including ATF Forms 6 and 6A as required by subpart G of
this part. Licensed importers' records and licensed manufacturers'
records of the sale or other disposition of firearms after December 15,
1968, shall be retained through December 15, 1988, after which records
of transactions over 20 years of age may be discarded.
(e) Records of dealers and collectors under the Act. The records
prepared by licensed dealers and licensed collectors under the Act of
the sale or other disposition of firearms and the corresponding record
of receipt of such firearms shall be retained through December 15, 1988,
after which records of transactions over 20 years of age may be
discarded.
(f) Retention of records of transactions in semiautomatic assault
weapons. The documentation required by Sec. Sec. 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.

(Paragraph (b) approved by the Office of Management and Budget under
control number 1512-0544; Paragraph (c) approved by the Office of
Management and Budget under control numbers 1512-0520, 1512-0006, and
1512-0524; Paragraph (f) approved by the Office of Management and Budget
under control number 1512-0526; all other recordkeeping approved by the
Office of Management and Budget under control number 1512-0129)

[T.D. ATF-208, 50 FR 26704, June 28, 1985 and correctly designated at 50
FR 35081, Aug. 29, 1985, as amended by T.D. ATF-273, 53 FR 24687, June
30, 1988; T.D. ATF-361, 60 FR 10787, Feb. 27, 1995; T.D. ATF-363, 60 FR
17455, Apr. 6, 1995; T.D. ATF-415, 63 FR 58280, Oct. 29, 1998; T.D. ATF-
426, 65 FR 38201, June 20, 2000]

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