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We know they are violating Federal law and are retaining records past 90 days when some north east police chief stated he had called the feds to track down a handgun that had been out of production for a few years.
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Umm... 90 days? The 4473 is required to be kept for 20 years by the FFL if the transfer is completed, less otherwise, or forwarded in to the ATF storehouse in WV for the remainder of the time if the FFL goes out of business before 20 years since the sale.
Since it is a requirement of federal law, how is it a violation of federal law by your standards?
http://www.atf.gov/firearms/faq/brady-law.html
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Q: Do FFLs have to keep a copy of ATF Form 4473 if the transaction is denied or for some other reason is not completed?
FFLs must keep a copy of each ATF Form 4473 for which a NICS check has been initiated, regardless of whether the transfer of the firearm was made. If the transfer is not made, the FFL must keep the Form 4473 for 5 years after the date of the NICS inquiry. If the transfer is made, the FFL must keep the Form 4473 for 20 years after the date of the sale or disposition. Forms 4473 with respect to a transfer that did not take place must be separately maintained.
[27 CFR 478.129(b)]
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Always love to learn new info, but the 90 days is a new one on me....