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Old March 25, 2013, 05:10 PM   #1
trespass
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background checks and ATF forms, ATF keep?

Does ATF retain information from a background check? For ex...if joe buys a pistol and FFL does routine paperwork and check does ATF retain paperwork and computer files/indexes on the background? I'd heard dealer must keep ten years, maybe longer now? But did not know if otherwise ATF had information in their own systems.
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Old March 25, 2013, 05:17 PM   #2
Mikef262
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Not sure if they keep it, but I just got home from my favorite gun shop, and my friend said January they had 4 ATF agents in pulling paperwork of those who had bought AR15's...
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Old March 25, 2013, 05:21 PM   #3
trespass
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copies

a while back a local FFL said agents had taken copies of his forms...

so, wondered if they routinely kept records..once name and serial no. go into a computer would be simple matter to hunt for name and obtain print out of all purchases would't it? UNLESS they are limited by law from such a "registry" and supposing anybody is actually concerned that they are compliant...I mean who enforces federal laws against federal law enforceent agencies anyway??
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Old March 25, 2013, 05:26 PM   #4
jnichols2
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Eric Holder...........
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Old March 25, 2013, 05:26 PM   #5
JimDandy
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No, except in a very specific process requested by a citizen, they don't keep the records (or are not supposed to) and must flush them within 24 hours of finishing the check.- or something similar.

IF a citizen routinely flags the check for a delay/denial they may request a special file be opened and remain open to easier facilitate a pass result, but I don't have any experience with that, and someone more knowledgeable than I would have to comment. The process IS on the ATF Frequently Asked Questions page however.
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Old March 25, 2013, 05:50 PM   #6
trespass
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thanks

sounds like that answers my question, thanks.
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Old March 25, 2013, 11:30 PM   #7
Tom Servo
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The NICS background check system is administered by the FBI, not the ATF. If the background check is a proceed, the law requires the information to be deleted within 24 hours.

The ATF can request specific 4473's in conjunction with a trace, but they are forbidden from maintaining any sort of database of 4473's in general.
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Old March 26, 2013, 12:28 AM   #8
Mikef262
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Tom~ any reason they would have sent their agents and pulledall the paperwork on AR15 buyers????
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Old March 26, 2013, 05:04 AM   #9
Come and take it.
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Of course it is speculation, however I find it hard to believe they are destroying these records, even though it is highly illegal.

We are talking about a government who conducted an operation arming Mexican cartels to kill Mexican citizens.

How do we know the information cannot be legally kept under another government department or private organization, that is not mentioned under the federal requirement?
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Old March 26, 2013, 05:06 AM   #10
iraiam
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The form you fill out when you buy a gun stays at the FFL holders place of business, ATF can go to the FFL and inspect their paperwork and such, but the paperwork stays with the gun dealer.

I remember quite a few years ago, the ATF was sued because they were showing up at FFL holders with copy machines and copying these forms, the lawsuit charged that they were building an illegal gun registry. I haven't heard of them attempting this in a long time.

I think the background check consists only of your pertinent information used to identify you and if it's a long gun or hand gun, (no model and SN), the NICS response is proceed or deny.
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Old March 26, 2013, 05:35 AM   #11
shortwave
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Quote:
We are talking about a government who conducted an operation arming Mexican cartels to kill Mexican citizens.
We are talking about a government who conducted an operation arming Mexican cartels to kill Mexican citizens as well as murder American BP agents/citizens of which this same government has not had to answer for, has buried the topic and will most likely never have to answer for.

There, fixed it for ya.

At this point, to imply that this government will abide by the letter of the law to achieve their twisted agenda simply because 'it's the law' is laughable . Too,IMO, at this point, to assume they will is all but foolish.

Last edited by shortwave; March 26, 2013 at 05:53 AM.
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