Retention of Sales & Background Check Records in Massachusetts

See our Retention of Firearm Sales and Background Check Records policy for a comprehensive discussion of this issue.

For every gun transfer, firearms dealers must make an entry in a sales record book specifying: 1) the complete description of the firearm, including the make, serial number (if any), type, and designation as a large capacity weapon, if applicable; 2) whether it was sold, rented or leased; 3) the date of transfer; and 4) the gender, residence and occupation of the transferee.1 Before delivering the firearm, the dealer must ensure that the transferee writes his or her full name in the sales record book, which must be open at all times to the inspection of the police. In the case of a handgun, the dealer must also document the license to carry number or the permit to purchase, rent or lease number, along with the firearm identification card (“FID”) number. In the case of a rifle or shotgun, the dealer must include either the FID or license to carry number.2 This information must also be submitted to the commissioner of the Department of Criminal Justice Information Services (CJIS) (formerly the Criminal History Systems Board) via an electronic communication link into the Massachusetts Instant Record Check System (MIRCS).3

Massachusetts law allows private sellers of firearms (those not licensed as firearms dealers) to sell up to four firearms per year. However, the seller must report the sale to CJIS within seven days, on forms furnished by CJIS. The seller must specify the names and addresses of the seller and the purchaser, together with a complete description of the firearm, including its designation as a large capacity weapon, if applicable, the caliber, make and serial number and the purchaser’s license number(s).4 Purchasers of firearms from private sellers are also required to submit this same information to CJIS (although they do not have to provide their license, permit or card numbers), independent of the seller.5

Notes
  1. Mass. Gen. Laws ch. 140, § 123 (Second), (Ninth), (Twelfth). ⤴︎
  2. Id. ⤴︎
  3. Mass. Gen. Laws ch. 140, § 123 (Fifth), (Ninth); 803 Mass. Code Regs. 10.06. ⤴︎
  4. Mass. Gen. Laws Ch. 140, § 128A. ⤴︎
  5. Mass. Gen. Laws Ch. 140, § 128B. ⤴︎

Retention of Sales & Background Check Records in Michigan

Michigan requires all retail firearm sellers to keep a register of all gun sales, including the name, age, occupation and residence of each purchaser, together with a number or other mark identifying the firearm purchased.1 The register must be open to law enforcement for inspection at all times.2 There is an unspecified time limit for retention of these records.

Michigan also requires private handgun sellers to report transaction information to local law enforcement.3 In Michigan, once a handgun purchase license is issued, three copies are delivered to the applicant by the licensing authority (i.e., local law enforcement).4 When the handgun sale is made, the seller must fill out the license forms describing the handgun, listing the date of sale and indicating that the handgun was sold to the licensee.5 Both the seller and the licensee must sign the license forms.6 The seller may retain a copy of the license as a record of the sale, and the license holder (purchaser) must return the other two copies to local law enforcement within 10 days (one copy is retained by local law enforcement as the official record for a minimum period of six years, and the other is forwarded to the State Police within 48 hours of its receipt).7 In addition, local law enforcement must electronically enter information about the handgun into the State Police database if it has the ability to electronically enter that information, or otherwise provide that information as the State Police requires.8

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. Mich. Comp. Laws Serv. § 750.232. ⤴︎
  2. Id. ⤴︎
  3. Mich. Comp. Laws Serv. § 28.422(5). ⤴︎
  4. Mich. Comp. Laws Serv. § 28.422(4). ⤴︎
  5. Mich. Comp. Laws Serv. § 28.422(5). ⤴︎
  6. Id. ⤴︎
  7. Id., Mich. Comp. Laws Serv. §§ 28.422(6), 28.422a(3). ⤴︎
  8. Mich. Comp. Laws Serv. §§ 28.422(6), 28.422a(3). ⤴︎

Retention of Sales & Background Check Records in Minnesota

In Minnesota, if a person wishes to acquire a handgun or semiautomatic military-style assault weapon from a federally licensed dealer but does not have a transferee permit or a permit to carry a handgun, Minnesota law generally requires the dealer to file a report with the local police chief or sheriff, who then performs a background check.1 Minnesota does not require firearm sellers to retain information about firearm sales or report such sales to a centralized state agency. All data pertaining to the purchase or transfer of firearms which are collected by state agencies, political subdivisions or statewide systems pursuant to Minnesota law (governing firearm transfers, possession and carrying) are classified as “private.”2 Thus, this data is not available to the public, but is accessible to the subject of the data.3

Minnesota allows a person who has received a handgun or semiautomatic military-style assault weapon from a federally licensed dealer to submit a request to the police chief or sheriff who processed the transfer that no record be maintained of the transfer.4 If the police chief or sheriff receives such a request, he or she must return the report of the transfer to that person as soon as possible. Thereafter, no state government employee or agency may maintain a record of the transfer that identifies the transferee.5

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. Minn. Stat. § 624.7132, subd. 1, 2; see also Minn. Stat. § 624.7132, subd. 12(1) (exempting private sellers from this requirement). ⤴︎
  2. Minn. Stat. § 13.87, subd. 2. ⤴︎
  3. Minn. Stat. § 13.02, subd. 12. ⤴︎
  4. Minn. Stat. § 624.7132, subd. 10. ⤴︎
  5. Id. ⤴︎

Retention of Sales & Background Check Records in Mississippi

Every dealer, merchant or pawnbroker that sells pistols is required to keep a record of all pistol sales.1 The record must describe the pistols sold, and list the name of the purchaser and the date of sale.2 For additional information, see the Mississippi Dealer Regulations section.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. Miss. Code Ann. § 97-37-11. ⤴︎
  2. Id. ⤴︎

Retention of Sales & Background Check Records in Missouri

Missouri makes it a violation of state law for a licensed dealer to violate the federal provision prohibiting dealers from transferring a firearm or armor-piercing ammunition to any person unless the dealer notes in the required records the name, age, and place of residence of the purchaser if the purchaser is an individual, or the identity and principal and local places of business of the purchaser if the purchaser is a corporation or other business entity.1

Missouri has no other retention or reporting requirements for firearm sales or background check records.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. See Mo. Rev. Stat. § 571.080, which refers to 18 U.S.C. § 922(b). ⤴︎

Retention of Sales & Background Check Records in Nebraska

Nebraska has no laws requiring the retention of sales or background check records by firearm sellers, or the reporting of sales of firearms to a state or local agency. In fact, Nebraska law provides that any records which are created by the Nebraska State Patrol (“NSP”) to conduct the criminal history record check pertaining to a potential buyer or transferee who is not legally prohibited from receipt or transfer of a handgun are confidential and may not be disclosed to any person.1 NSP is required by law to destroy any relevant records as soon as possible after approving the transfer, and must destroy such records within 48 hours after the dealer’s request.2 NSP may only maintain a log of dates of requests for criminal history record checks and unique approval numbers corresponding to such dates for one year.3

These provisions do not allow the state to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of handgun transactions or the names of persons not prohibited by law from the receipt or possession of handguns.4

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. Neb. Rev. Stat. § 69-2412(1). ⤴︎
  2. Id. ⤴︎
  3. Neb. Rev. Stat. § 69-2412(2). ⤴︎
  4. Neb. Rev. Stat. § 69-2412(3). ⤴︎

Retention of Sales & Background Check Records in New Hampshire

New Hampshire law requires the Department of Safety (“DOS”) to destroy any records containing information about a firearm transferee who is not prohibited from possessing a firearm within one day of the request for a background check. New Hampshire law prohibits DOS from disclosing those records to any person or agency. If a potential transferee is prohibited from receiving a firearm, DOS must retain any records pertaining to the potential transferee for three years.1

New Hampshire does not require firearms dealers to retain sales records, although federal law applies.

See our Retention of Firearm Sales and Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. N.H. Rev. Stat. Ann. § 159-D:2. Although DOS may maintain for an indefinite period a log of dates of requests for criminal background checks and unique approval numbers corresponding to such dates, DOS is not allowed to maintain records containing the names of the firearms dealers who receive unique approval numbers, or records of firearm transactions including the names or other identification of firearms dealers or transferees not prohibited from receiving firearms. Id. ⤴︎

Retention of Sales & Background Check Records in New Jersey

New Jersey requires that any person engaged in the retail sale of handguns keep a register of handgun sales information.1 The register must include the time and date of the sale or transfer, the name, age, date of birth, complexion, occupation, residence and a physical description of the purchaser or transferee, the name and permanent home address of the transferor, the place of the transaction, the make, model, manufacturer’s number, caliber and other identifying marks on the handgun, and such other information as the Superintendent of the State Police deems necessary for proper enforcement.2

The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer.3 Copies of the register shall be delivered within five days of a sale or transfer to local law enforcement (or the local county clerk) and the New Jersey State Police.4

A separate regulation requires all retail firearms dealers to maintain permanent records in bound form of all firearm acquisitions and dispositions, including frames and receivers.5 Such information must be recorded no later than at the close of the next business day following the date of acquisition or disposition.6

Prior to the time a handgun permittee receives the handgun, he or she shall deliver the permit to the seller, and the seller is required to enter all the information on the permit form.7 The seller shall keep a copy as a permanent record, and deliver the completed permit (or copies) to local law enforcement and NJSP within five days of the date of sale.8

See our Retention of Sales & Background Check Records policy summary for a comprehensive discussion of this issue.

Notes
  1. N.J. Stat. Ann. § 2C:58-2b. ⤴︎
  2. Id. ⤴︎
  3. Id. ⤴︎
  4. N.J. Stat. Ann. § 2C:58-2e. ⤴︎
  5. N.J. Admin. Code § 13:54-3.14(a). ⤴︎
  6. Id. ⤴︎
  7. N.J. Stat. Ann. § 2C:58-3h. ⤴︎
  8. Id. ⤴︎