Firearm Registration Scheme #1 - The Existing National Registration System
Note: National Firearms Act weapons (such as full-auto firearms) are handled differently from the following discussion, and require a more stringent registration and purchasing procedure. (See the Bureau of Alcohol, Tobacco, and Firearms, National Firearms Act FAQ.)
The following regulations were established by the Gun Control Act of 1968.
People engaged in selling firearms as a business must have a federal firearms license (FFL). Individuals and collectors are allowed to sell and trade their firearms without this license, but it is illegal to earn a living selling firearms without it. When purchasing a firearm from an FFL, a Form 4473 (also known as the "Yellow Form") and Form 77 must be filled out. The dealer must also record the sale in his bound-book (similar to a transaction log). (Form 77 was not established by this law, but is an effort by licensed firearms dealers to promote safety and lessen dealer liability.)
The Form 4473 contains the name, address, driver license information, NICS background check transaction number, serial number and model of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is denied by the National Instant Criminal Background Check System (NICS).
The Form 77 is a short form indicating that the purchaser of the weapon is knowledgeable about the function of the weapon and basic safety rules. The purchaser must also attest that the dealer has explained these rules such that the customer understood them.
The dealer must keep the Form 4473 for twenty years and is subject to inspection by the Bureau of Alcohol, Tobacco, and Firearms (BATF or just ATF). The dealer also records all information from the form 4473 into his bound-book. A dealer must keep this log the entire time he is in business and is required to surrender the log to the ATF upon retirement from the firearms business.
In addition, the sale of two or more handguns within five days to the same person must be reported to the ATF via a Form 3310.4.
Firearms Tracing with Registration Scheme #1
These forms and records are used by law enforcement agencies to trace firearms associated with crime. To initiate a firearm trace, the police must note the serial number of the gun, then forward a firearm trace request (Form 3312.1) with other pertinent information to the ATF. The ATF then contacts the manufacturer who identifies the wholesaler that bought the firearm. The wholesaler then refers the ATF to the retail dealer who, using the bound-book, identifies the original retail purchaser.
The ATF considers a trace successful if the original purchaser is identified. Normally at this point, the ATF turns the case over to local law enforcement, however in rare cases the ATF attempts to follow the chain of possession. To trace a gun beyond the first retail purchaser, law enforcement authorities must conduct interviews and use informants, and of course these methods are often unsuccessful.