(a)
- (1) A licensed dealer shall keep records of all receipts, sales, and other dispositions of firearms affected in connection with the licensed dealer's business.
(2) The Secretary shall adopt regulations specifying:
- (i) subject to paragraph (3) of this subsection, the information that the records shall contain;
- (ii) the time period for which the records are to be kept; and
- (iii) the form in which the records are to be kept.
(3) The records shall include:
- (i) the name and address of each person from whom the dealer acquires a firearm and to whom the dealer sells or otherwise disposes of a firearm;
- (ii) a precise description, including make, model, caliber, and serial number of each firearm acquired, sold, or otherwise disposed of; and
- (iii) the date of each acquisition, sale, or other disposition.
- (4) Records maintained under 18 U.S.C. § 923(g)(1)(A) may be used to satisfy the requirements of this section, if the Secretary is granted access to those records.
(b)
- (1) When required by a letter issued by the Secretary, a licensee shall submit to the Secretary the information required to be kept under subsection (a) of this section for the time periods specified by the Secretary.
- (2) The Secretary shall determine the form and method by which the records shall be maintained.
- (c) When a firearms business is discontinued and succeeded by a new licensee, the records required to be kept under this section shall reflect the business discontinuance and succession and shall be delivered to the successor licensee.
(d)
- (1) A licensee shall respond within 48 hours after receipt of a request from the Secretary for information contained in the records required to be kept under this section when the information is requested in connection with a bona fide criminal investigation.
- (2) The information requested under this subsection shall be provided orally or in writing, as required by the Secretary.
- (3) The Secretary may implement a system by which a licensee can positively establish that a person requesting information by telephone is authorized by the Secretary to request the information.
- (e) The Secretary may make available to a federal, State, or local law enforcement agency any information that the Secretary obtains under this section relating to the identities of persons who have unlawfully purchased or received firearms.
(f) The Secretary:
- (1) shall inspect the inventory and records of a licensed dealer at least once every 2 years; and
- (2) may inspect the inventory and records at any time during the normal business hours of the licensed dealer's business.
(g)
- (1) A person who violates this section is subject to a civil penalty not exceeding $1,000 imposed by the Secretary.
- (2) For a second or subsequent offense, a person who knowingly violates this section is guilty of a misdemeanor and is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.
- (3) The penalties provided in this subsection are not intended to apply to inconsequential or inadvertent errors.
Added by Acts 2013, c. 427, § 1, eff. Oct. 1, 2013.