Section 40 (1) requires every person who by way of trade or business, manufactures, sells or transfers firearms, shotguns or ammunition to which section 1 of the Act applies, to keep a register of transactions and to enter therein the particulars specified in schedule 4 of the Act.
Section 40 (1) Schedule 4: Details to be entered by registered firearms dealers in register of transactions:
- The quantities and description of firearms and ammunition manufactured and the dates thereof.
- The quantities and description of firearms and ammunition purchased or acquired with the names and addresses of the sellers or transferors and the dates of the transactions.
- The quantities and description of firearms and ammunition accepted for sale, repair, test, proof, cleaning, storage, destruction or other purpose; with the names and addresses of the transferors and the dates of the transactions.
- The quantities and description of firearms and ammunition sold or transferred with the names and addresses of the purchasers or transferees and, (except in cases where the purchaser or transferee is a registered firearms dealer) the areas in which the firearms were issued, and the dates of the transactions.
- The quantities and description of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or other such date in each year as may be specified in the register.
Section 40 (3) requires that every entry required by subsection (1) of this section to be made in the register, shall be made within 24 hours after the transaction to which it relates took place and, in the case of a sale or transfer, every person to whom that subsection applies shall at the time of the transaction require the purchaser or transferee, if not known to him, to give details sufficient for identification and shall immediately enter the said details in the register.
In transferring firearms and shotguns to certificate holders, firearms dealers are obliged by Section 32 (2) (b) of the 1997 Act to comply with any instructions contained in the certificate produced. Those instructions require that notification and details of the transaction be notified to the Chief Officer of Police who issued the certificate by recorded or special delivery within 7 days.
A firearms dealer is also required to send a notification of a transaction involving a visitor under Section 18 (1) of the 1988 Act to the Chief Officer of Police for the area in which he is registered. The notice must be sent within 48 hours of the transaction, either by registered post or the recorded delivery service, and contain all the details entered in the register of transactions including the details of the purchaser's passport, if applicable.
A registered firearms dealer shall, on demand, allow a constable or civilian officer, duly authorised in writing in that behalf by the Chief Officer of Police, to enter and inspect all stock in hand and shall on request by an officer of Police so authorised, or by an officer of Customs and Excise, produce the register for inspection.
Under Section 40 (3a) of the Act, as amended, a registered dealer is required to keep his register of transactions so that entries made therein, (from 1st February 1989 when this requirement came into force) are available for inspection for a period of at least five years.
Section 40 (4a) requires that every person keeping a register in accordance with this section by means of a computer shall secure that the information comprised in the register can readily be produced in a form in which it is visible and legible and can be taken away.