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Gun registration

Posted on 12/20/12 at 1:59 pm
Posted by Langston
Member since Nov 2010
7685 posts
Posted on 12/20/12 at 1:59 pm
I was told Louisiana is a no reg state. I know you don't have to reg a used gun when purchased from someone but assumed that new purchase were when they called for background check or somehow. Well my dealer told me that's not correct, they don't tell them anything, only get an okay to sell.
Does anyone know of this is correct? Seems the store would keep a record of guns sold for warranty or return purposes but is that the only record of the sell? Tia
Posted by 4X4DEMON
NWLA
Member since Dec 2007
11957 posts
Posted on 12/20/12 at 2:00 pm to
When you call into NICS you tell them if its a long gun or a handgun and their info. Nothing more. No serial numbers, no make or model.


Person to person sales are legal and no background check is required.
This post was edited on 12/20/12 at 2:02 pm
Posted by onelochevy
Slidell, LA
Member since Jan 2011
16527 posts
Posted on 12/20/12 at 2:02 pm to
Not registered.
Posted by Alahunter
Member since Jan 2008
90738 posts
Posted on 12/20/12 at 2:05 pm to
The only record, is the 4473 you have to fill out. That has to be kept by the FFL dealer for twenty years. Afterwards, they can be destroyed.
This post was edited on 12/20/12 at 2:20 pm
Posted by wickowick
Head of Island
Member since Dec 2006
45792 posts
Posted on 12/20/12 at 2:07 pm to
quote:

When you call into NICS you tell them if its a long gun or a handgun and their info. Nothing more. No serial numbers, no make or model.


Person to person sales are legal and no background check is required.


This is correct, the dealer keeps the paperwork.

If a gun turns up in a crime the police will start with the serial # and the manufacturer, that was sent to a dealer, then then have to go to that dealer and find out who it was sold to. They can then get that person's info and find question them about the gun. If it was sold, lost, stolen, etc. This is why it is important to have a proof of sale when you sell an individual. If something happens along the line you can show where the gun went.

This is also important because the police have to do lg work and can't search a database...
Posted by wiltznucs
Apollo Beach, FL
Member since Sep 2005
8961 posts
Posted on 12/20/12 at 2:08 pm to
The ATF 4473 form that is filled out at each gun dealer is mandated to be kept for 20 years and surrendered to the ATF if the dealer goes out of business. While not technically "gun registration" its perfectly conceivable that legislation could be passed whereby the ATF could access at least 20 years worth of purchase records and "register" the guns therein. Far fetched probably given the mobility of people and guns but conceivable nonetheless.
Posted by HarryBalzack
Member since Oct 2012
15220 posts
Posted on 12/20/12 at 2:14 pm to
If memory serves, even the the record of the call for your background check is automatically expunged within a brief time.

In some states, if you have a cc permit, all you have to do is fill out the 4473 and they verify by phone/online that the permit is still good and you're out the door without the call and all the background check stuff. That's the way it was with mine in FL - since the state made you take training classes to get the thing and it was tied to the FDLE arrest/mental health holds database, you didn't have a waiting period for handguns or a bunch of extra paperwork. It was nice.

That's not the case here in Alabama, though, but I bet since LA requires a class and all, may be so there.
Posted by HarryBalzack
Member since Oct 2012
15220 posts
Posted on 12/20/12 at 2:18 pm to
quote:

If a gun turns up in a crime the police will start with the serial # and the manufacturer, that was sent to a dealer, then then have to go to that dealer and find out who it was sold to. They can then get that person's info and find question them about the gun. If it was sold, lost, stolen, etc. This is why it is important to have a proof of sale when you sell an individual. If something happens along the line you can show where the gun went.


My uncle sold a gun - private sale - that ended up being used in a home invasion/multiple murder (you heard about the case, no doubt). He had no idea until he answered the door one day to find ATF, FBI, FDLE, and local po-pos standing there wanting to know where he'd been on the day in question... Seems like he had a bill of sale and the guy who bought it paid with a check, so he was all good, but definitely wouldn't ever sell a gun without getting that bos, including a copy of the person's ID, if you can get it.
Posted by Alahunter
Member since Jan 2008
90738 posts
Posted on 12/20/12 at 2:20 pm to
You're correct. I don't know where I came up with 5 yrs.

Shoulda remembered, helped a friend get set up with an FFL when he went into the pawn biz 15 yrs ago. Getting old and forgetful sucks.
Posted by wiltznucs
Apollo Beach, FL
Member since Sep 2005
8961 posts
Posted on 12/20/12 at 2:23 pm to
quote:

Getting old and forgetful sucks.


Tell me about it...

Its been a while but I remember one of the arguments about the Patriot Act was could gun registration be forced in the name of "national security" without Congressional support. I assume this cannot be true otherwise I'd expect the NRA would be all over it...
Posted by wickowick
Head of Island
Member since Dec 2006
45792 posts
Posted on 12/20/12 at 2:28 pm to
If I remember correctly Congress has specifically forbidden any type of gun list or registration...
Posted by Alahunter
Member since Jan 2008
90738 posts
Posted on 12/20/12 at 2:29 pm to
quote:

Its been a while but I remember one of the arguments about the Patriot Act was could gun registration be forced in the name of "national security" without Congressional support. I assume this cannot be true otherwise I'd expect the NRA would be all over it...


I remember it being a debated point.

quote:

The NICS is not to be used to establish a federal firearm registry; information about an inquiry resulting in an allowed transfer is destroyed in accordance with NICS regulations. Current destruction of NICS records became effective when a final rule was published by the Department of Justice in The Federal Register, outlining the following changes. Per Title 28, Code of Federal Regulations, Part 25.9(b)(1), (2), and (3), the NICS Section must destroy all identifying information on allowed transactions prior to the start of the next NICS operational day.
Posted by wiltznucs
Apollo Beach, FL
Member since Sep 2005
8961 posts
Posted on 12/20/12 at 2:29 pm to
quote:

If I remember correctly Congress has specifically forbidden any type of gun list or registration...


Sounds right to me...
Posted by Langston
Member since Nov 2010
7685 posts
Posted on 12/20/12 at 2:36 pm to
Thanks fellas. This is an area I didnt know much about. Figured with the store keeping info they could figure out what you purchased new but didnt know what exactly they reported.
My dealer also said he expects one of the new laws to be about private sales. He said hes hearing they wont be allowed any more person to person. Will have to go through ffl so even used gun buyers get a background check. We will see. It makes good sense if the bad guys followed the laws, but thats the prob with any new laws in this matter.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 12/20/12 at 3:25 pm to
Sounds about right from what I recall. There is a specific clause in the fed law that prevents the info from being used for any purpose other than the background check.
Posted by hashbrowns
Shitholeastan
Member since Nov 2011
2380 posts
Posted on 12/20/12 at 3:58 pm to
In TX if you have your CCL they don't even call the FBI, they call the state to verify CCL is still valid and you're out the door.
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