Comment on FR Doc # 2026-08929
Robert FunderburgOpposeIndividual
Summary: The commenter opposes the proposed rule, arguing that extending record retention from 20 to 30 years lacks justification and provides little benefit. They also contend that the requirement to provide records when a dealer goes out of business violates the Firearms Owners' Protection Act's prohibition on a federal gun registry.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
[Docket No. ATF-2026-0003; ATF 2025R-08P]
RIN 1140-AA95
Firearm Records Retention Periods
I am against this proposed rule change.
Specifically in the following areas:
A - I see no justification for why the current 20 year record retention period is being extended to 30 years for some records. 1 - it is not clear when the 30 year requirement is in effect. 2 - Per ATFs own data in Table 4, extending the period from 20 to 30 years seems like it will have little positive effect.
B - The requirement for records to be provided to the ATF when a dealer goes out of business seem to be a direct violation of the Firearms Owners' Protection Act provisions against creating a federal gun registry. Specifically that information about gun purchases CANNOT be "...recorded at or transferred to a facility owned, managed, or controlled by the United States".
Note - I agree some change is needed as the current practice seems to have resulted in a defacto (illegal) federal registry, despite the prohibitions against that. But the proposal does little to nothing to fix that, while seemingly making things worse in terms of the extended 30 year time requirement and clearly codifying the ATF being authorized to collect records when a dealer goes out of business (which seems to result in a potential record retention time frame of not 20 years, not 30 years, but 60 years (potentially 30 + 30)).