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Statutes Text

Article - Public Safety




§5–145.

    (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.