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Originally Posted by Nedroe
Anyone that doesn't believe they have kept a copy of every NICS check ever performed is fooling themselves.
Ned
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I don't think they are. I worked for a small gov't agency (3000 employees) for 30 years and even with the tech they had available they couldn't keep records archived in any retrievable format. The fail is 100 times worse with the federal government. If they can't keep up with the background checks how do you suppose they would have the resources to archive all of those records?
My feeling is the fed doesn't want the headache nor the expenses unless it's mandated by congress. In this case it's absolutely and specifically forbidden by law.
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(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.
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28 CFR SS 25.9 - Retention and destruction of records in the system. | CFR | US Law | LII / Legal Information Institute
I had a situation that proved this. CMP ran a BC on me for a pistol right before they shut down for covid. It was delayed. When they came back to work they passed me by because the BC results couldn't be retrieved by the CMP. NICS had no record of it either. CMP had to run the BC again which was against their policy but they did it anyway.