27 CFR 478.129 Record Retention

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
must be reported not later than the close of
business on the date of the transaction.
Example. 2. A licensee sells a pistol on Monday and sells a revolver on the following Friday to the same unlicensed person. This is a
multiple sale and must be reported not later
than the close of business on Friday. If the
licensee sells the same unlicensed person another pistol or revolver on the following
Monday, this would constitute an additional
multiple sale and must also be reported.
Example 3. A licensee maintaining business
hours on Monday through Saturday sells a
revolver to an unlicensed person on Monday
and sells another revolver to the same person on the following Saturday. This does not
constitute a multiple sale and need not be
reported since the sales did not occur during
five consecutive business days.

§ 478.128 False statement or representation.
(a) Any person who knowingly makes
any false statement or representation
in applying for any license or exemption or relief from disability, under the
provisions of the Act, shall be fined not
more than $5,000 or imprisoned not
more than 5 years, or both.
(b) Any person other than a licensed
manufacturer, licensed importer, licensed dealer, or licensed collector who
knowingly makes any false statement
or representation with respect to any
information required by the provisions
of the Act or this part to be kept in the
records of a person licensed under the
Act or this part shall be fined not more
than $5,000 or imprisoned not more
than 5 years, or both.
(c) Any licensed manufacturer, licensed importer, licensed dealer, or licensed collector who knowingly makes
any false statement or representation
with respect to any information required by the provisions of the Act or
this part to be kept in the records of a
person licensed under the Act or this
part shall be fined not more than $1,000
or imprisoned not more than 1 year, or
both.

(Approved by the Office of Management and
Budget under control number 1140–0003)
[T.D. ATF–16, 40 FR 19202, May 2, 1975, as
amended by T.D. ATF–172, 49 FR 14942, Apr.
16, 1984; T.D. ATF–270, 53 FR 10505, Mar. 31,
1988; T.D. ATF–354, 59 FR 7113, Feb. 14, 1994;
T.D. ATF–361, 60 FR 10787, Feb. 27, 1995; ATF–
11F, 73 FR 57242, Oct. 2, 2008]

§ 478.127

Discontinuance of business.

Where a licensed business is discontinued and succeeded by a new licensee,
the records prescribed by this subpart
shall appropriately reflect such facts
and shall be delivered to the successor.
Where discontinuance of the business is
absolute, the records shall be delivered
within 30 days following the business
discontinuance to the ATF Out-ofBusiness Records Center, 244 Needy
Road, Martinsburg, West Virginia
25405, or to any ATF office in the division in which the business was located:
Provided, however, Where State law or
local ordinance requires the delivery of
records to other responsible authority,
the Chief, Federal Firearms Licensing
Center may arrange for the delivery of
the records required by this subpart to
such authority: Provided further, That
where a licensed business is discontinued and succeeded by a new licensee,
the records may be delivered within 30
days following the business discontinuance to the ATF Out-of-Business
Records Center or to any ATF office in
the division in which the business was
located.
kpayne on VMOFRWIN702 with $$_JOB

§ 478.129

[T.D. ATF–270, 53 FR 10505, Mar. 31, 1988]

§ 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 § 478.124(b): Provided, That
Forms 4473 with respect to which a

[T.D. ATF–290, 54 FR 53055, Dec. 27, 1989, as
amended by T.D. ATF–363, 60 FR 17455, Apr.
6, 1995; ATF–11F, 73 FR 57242, Oct. 2, 2008]

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§ 478.131

27 CFR Ch. II (4–1–19 Edition)
of not less than 5 years after the date
of sale or other disposition.

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 § 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 §§ 478.40(c)
and 478.132 shall be retained in the licensee’s permanent records for a period

(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]

§ 478.131 Firearms transactions not
subject to a NICS check.
(a)(1) A licensed importer, licensed
manufacturer, or licensed dealer whose
sale, delivery, or transfer of a firearm
is made pursuant to the alternative
provisions of § 478.102(d) and is not subject to the NICS check prescribed by
§ 478.102(a) shall maintain the records
required by paragraph (a) of this section.
(2) If the transfer is pursuant to a
permit or license in accordance with
§ 478.102(d)(1), the licensee shall either
retain a copy of the purchaser’s permit
or license and attach it to the firearms
transaction record, Form 4473, or
record on the firearms transaction
record, Form 4473, any identifying
number, the date of issuance, and the
expiration date (if provided) from the
permit or license.
(3) If the transfer is pursuant to a
certification by ATF in accordance
with §§ 478.102(d)(3) and 478.150, the licensee shall maintain the certification
as part of the records required to be
kept under this subpart and for the period prescribed for the retention of
Form 5300.35 in § 478.129(c).
(b) The requirements of this section
shall be in addition to any other recordkeeping requirements contained in
this part.
(Approved by the Office of Management and
Budget under control number 1140–0045)
[T.D. ATF–415, 63 FR 58280, Oct. 29, 1998, as
amended by ATF–11F, 73 FR 57242, Oct. 2,
2008]

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