ATF 3310.4 - Backdoor registration?

[noonesshowmonkey]

The firearms sale tracking information in the US system is incredibly distributed, and the 3310.4 represents one of the only forms that could be construed as a "registration" in so far as it aggregates any information whatever. Outside of that one piece of paper, the actual means of tracing a sale--much less multiple sales--is quite tedious, and involves faxed requests revolving around the 4473 which are made to the ATF, then followed through at NTC, then back to the ATF, then to the FFL, then back to the ATF, then back to the requester. And each of these steps requires a 1980s era fax machine and a time consuming / absurd search for actual physical documents in whatever filing cabinet or box. There is a documentary about NTC where workers there describe how the concrete flooring at the facility is buckling under the weight of the stacked up boxes of forms, specifically due to legislation that prevents the digitization of such data into any form of searchable database whatever. The entire process takes weeks.

Individual states may have additional reporting requirements, and those laws could include the filing of paperwork at the state level in parallel with the ATF. Were that the case, an investigator could indeed perform such a lookup with a bit more ease than trying to dig through the endless files at the NTC or by making educated guesses based on other investigative work. While I am not an ATF agent, I have spent many man hours trying to find the owner of various firearms, and this took all the steps mentioned above, and involved several long conversations with a few ATF special agents. I have been in the position of being quite curious what the total number of firearms purchased by an individual--in this case a wanted felon, likely a murderer, and known carjacker/bank robber--in a given state, much less any state in the Union, and was confounded by a process so byzantine and absurd that it boggled the mind.

In the case of an investigation, any one of those forms (3310.4 or 4473) would lead agents/officers back to the FFL from whom the weapon(s) were purchased. From there, if that FFL is your main squeeze, compiling a list of weapons that you've purchased is actually quite easy. This is one of the reasons why peer-to-peer sales are such a sticking point, legislatively. They not only skip the background check process, but they also fail to produce what limited paper trail there is regarding the purchase, transfer, and implied ownership of a firearm.

[maximus83]

Individual states may have additional reporting requirements, and those laws could include the filing of paperwork at the state level in parallel with the ATF. Were that the case, an investigator could indeed perform such a lookup with a bit more ease than trying to dig through the endless files at the NTC

Can't speak to all other states, but this is currently the law in WA state as of July 1st, they are keeping state purchase records in a database of every semiautomatic pistol or rifle (not just AR's--M1 Garands, 10-22's, everything semi). I don't fully understand all the details and ramifications of the law yet, people keep discovering new bad provisions in it. For example, the fact that every year, the state is going to scan that database of purchased semiauto weapons, and see if the registered owners during the last year have shown up in any other databases that would disqualify you from having them per the new law (for example, having been committed to a mental health facility during the past year).

Besides the massive invasion of privacy this entails--and the fact that now apparently, as a gun owner living in WA state you don't truly "own" your semiauto weapons after you buy them but rather you have them as a privilege granted by the state and you have to 'requalify' every year to keep them from being confiscated--the way they are doing this suggests a new reality. They are going to continually data-mine those semiauto purchase records looking for ways to get firearms out of people's hands. Given that process, I can see that WA state would have every incentive to provide access to that data to ATF on request. Given the state's process for firearms registration and annual scrutiny of all semiauto owners, I can't see that they have the least concern for the citizen's privacy or Constitutional protections. So they would have no long-term incentive to shield this data from ATF. The thing I don't know is what process the ATF would have to go through to access the WA gun registration database, or under what circumstances they would do that.

I have to think that gun grabbers in others states will be looking to the new WA law--where the funding to research and draft the law, and pass the ballot measure, was heavily funded by billionaires including Bloomberg--as a good template to follow in other states. Even if they can't pass federal gun registration, I have to think the next best thing in their minds would be state-level registration of semiautos, which federal LE agencies could then access under certain conditions.

ETA: Just for reference, here are the exact sections of the WA law I was referring to:

Record Keeping
https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.129
The department of licensing shall keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols or semiautomatic assault rifles provided for in RCW 9.41.090, and copies or records of pistol or semiautomatic assault rifle transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.56.240(4).

Annual background renewal checks
https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.139
Department of licensing—Eligibility to possess firearms.
(1) Within twelve months of July 1, 2019, the department of licensing shall, in conjunction with the Washington state patrol and other state and local law enforcement agencies as necessary, develop a cost-effective and efficient process to:
(a) Verify, on an annual or more frequent basis, that persons who acquired pistols or semiautomatic assault rifles pursuant to this chapter remain eligible to possess a firearm under state and federal law; and
(b) If such persons are determined to be ineligible for any reason, (i) notify and provide the relevant information to the chief of police or the sheriff of the jurisdiction in which the purchaser resides and (ii) take steps to ensure such persons are not illegally in possession of firearms.
(2) The department of licensing, where appropriate, may consult with individuals from the public and private sector or ask the individuals to establish a temporary advisory committee to accomplish the purposes in subsection (1) of this section. Members of such an advisory committee are not entitled to expense reimbursement.


And one more detail, the stuff about record-keeping quoted above, indicates that copies/records 'shall not be disclosed except as provided".....here, subsection (4):

https://app.leg.wa.gov/RCW/default.aspx?cite=42.56.240
(4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies;


Sound like potential release to ATF at the slightest provocation? I'm not a lawyer, but it does to me. There's ambiguity there as to whether it refers to state or federal or both.