I am not an
attorny so I am not offering legal advice. Please seek your
own legal advice before making any decisions regarding your
compliance with BATFE regulations.
ATF ruling
requirements to be used as an alternate method for A&D ...
excerpts included here ... I think these are unreasonal expectations
and will not be acceptable to most any gun collector. It seems
the use of software to aid the licensed gun collector for alternate
record keeping is a little less reasonable now than it was in the
past.
ATF has determined that acquisition and
disposition records required by 27 CFR Part 478,
Subpart H,
and §§ 478.121, 478.122, 478.123, and 478.125(e), in computerized
form,
satisfy the standard of permanency and are
substantially equivalent to paper records if they
meet the
following criteria:
1. All data
entered into the computer system must be recorded into the
database and
cannot be
capable of being edited or modified at a later date without
generating an
audit
trail. The software system must retain any correction of errors as
an entirely
new entry, without deleting or modifying the
original entry. The system may allow
for entries in a
notes column to explain any correction. (emphasis mine)
Note: A
gun collector will love the fact that they can't edit their data
without a record of their changes! 2. The
system must have a reliable daily memory backup capability to protect
the data
from accidental deletion or other system failure.
3. The system must meet the regulatory requirements for recording
pertinent
information.
4. The system must allow
queries by serial number, acquisition date, and name of the
manufacturer or importer. Commonly recognized trade names may be used
when
recording the manufacturer/importer in the firearm
description.
5. The FFL must periodically print all records
from the system. Specifically, the
records must be printed:
(a) at least semiannually,
(b) upon request of an ATF
officer,
(c) when the database is purged, and
(d)
when the license is terminated
Printouts must be retained
until the next printout is prepared.
The printouts must be
limited to only the information required and specified by
regulation.
6. The FFL may download the required acquisition
and disposition records to portable
storage devices such as
Compact Discs (CDs), Digital Versatile Discs (DVDs), and
USB
Flash Drives, instead of conducting the periodic printout of those
records,
provided that the FFL presents the records in a
printed format at ATF’s request. ATF
recognizes that printed
records take up space and are not as easy to search as records
maintained in a digital format.
7. The computer printouts
must contain firearms in inventory as well as all firearms
transferred during the period covered, sequentially by date of
acquisition.
8. The system must record both
the manufacturer and the importer of foreign-made
firearms.
9. Printouts may include antique firearms, but cannot include other
merchandise.
However, antique firearms must be identified as
“ANT” in the “firearm type” column.
10. The name and FFL
number (if licensee) or name and address (if non-licensee) of the
supplier/consigner and the purchaser/transferee must be included in
the computer
data. An ATF Form 4473 transaction number may
be used in lieu of the address for
recording the transfer of
a firearm to a non-licensee if the Forms 4473 are filed
numerically.
Note:
It seems
crazy to me for a gun collecting software package to keep a record
of every change! NM Gun Collector Software and NM Collector
Software are not like that. NM Collector
Software may not meet current ATF requirements for alternate records
but can still generate paper reports that do meet ATF
requirements. If you are a licensed gun collector, please
decide for yourself if the reports are acceptable or not for your ATF
bound book of your gun collection.
Here is an
applicable ATF Reference site: http://www.atf.gov/firearms/faq/licensees-records-required.html#bound-book
- however, it is already out of date with regard to
computer records in lieu of the “bound book?”
so do
your own research and decide for yourself if the reports are
acceptable.
11. The system cannot rely upon invoices or other
paper/manual systems to provide any
of the required
information.
12. All required records including acquisition
and disposition records, must remain at the
licensed
premises.
13. Upon termination of a license, the FFL must
provide an American Standard Code for
Information
Interchange (ASCII) text file (in conformity with industry standards)
and
a file description, in addition to printouts of all
records, to the ATF Out-of-Business
Records Center. The
printout and ASCII text file must contain the information as
prescribed by regulation. All records must be forwarded to the ATF
Out-of-Business
Records Center in accordance with 27 CFR
478.127, including complete printouts,
and ASCII text file
(and file description) of the A&D records, and all ATF Forms
4473.