What Form Do You Fill Out to Buy a Gun
ATF Form 4473, October 2016 revision
A Firearms Transaction Record, or ATF Course 4473, is a half dozen-page form prescribed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) required to be completed when a person proposes to purchase a firearm from a Federal Firearms License (FFL) holder, such as a gun dealer.[i]
Form 4473 contains the purchaser'southward proper name, address, engagement of birth, government-issued photograph ID, National Instant Criminal Background Check System (NICS) background check transaction number, and a curt affidavit stating that the purchaser is eligible to buy firearms under federal law. It also contains the make, model, or series numbering the firearm. Lying on the course is a felony punishable by upwardly to five years in prison[2] in addition to fines, even if the transaction is denied past the NICS. Prosecutions are rare in the absence of a felony committed with the gun purchased.[ citation needed ] Of 556,496 denied transactions between FY 2008 and FY 2015, federal prosecutors prosecuted an average of under 32 cases per year, including 24 in FY 2013, xv in FY 2014 and 20 in FY 2015.[3] [4]
If a person purchases a firearm from a private individual who is not a FFL licensed dealer, the purchaser is not required in most states to complete a Form 4473. All purchases of modest artillery (handguns) from private individuals from another state are required to accept a Course 4473 completed before sale.[ citation needed ] Some states (such as California, Colorado, Nevada, New Jersey, and Washington) require private sellers to sell through dealers.
These forms are given the aforementioned condition equally a tax return under the Privacy Act of 1974 and cannot be disclosed by the regime to private parties or other authorities officials except in accordance with the Privacy Act. Individual dealers possessing a copy of the form are non field of study to the Privacy Act's restrictions on disclosure. Dealers are required to maintain completed forms for xx years in the instance of completed sales, and for 5 years where the auction was disapproved as a issue of the NICS check.
eForm 4473 [edit]
In response to the Authorities Paperwork Elimination Act (GPEA),[5] and based upon requests from the firearms manufacture, the ATF has developed the east-Class 4473 to help in the proper completion of the Federal Firearms Transaction Record (ATF Form 4473). The ATF eForm 4473 is designed to assist eliminate errors in completing Form 4473 for both the firearm purchaser and the licensed seller. The eForm 4473 is provided to the public, including major retailers, free of charge via the ATF eForm web site. ATF eForm 4473 is a downloadable application that runs locally on the seller's figurer and supports both Windows and Mac Bone 10 operating systems. (Run into "External links" section below.)
Acquisition and Disposition Log [edit]
The firearm dealer is required to tape some information from the Class 4473 into a "bound-book", called an "Acquisition and Disposition Log".[6] The dealer must proceed the Form 4473 on file for at least 20 years, and is required to surrender the log volume to the ATF upon retirement from the firearms business organization.
The ATF is allowed to inspect, likewise as asking a copy of, the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of 2 or more handguns to a person in a five-day catamenia must be reported to the ATF on Form 3310.4.
Revisions [edit]
2016 [edit]
In 2016, the ATF fabricated several changes to the form, including adding a warning argument that the use of marijuana is illegal nether federal law, regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where the transferee/buyer resides.[7] [8]
2020 [edit]
In 2020, the ATF made further changes to the form, including calculation a warning that "any person who exports a firearm without a proper dominance from either the Section of Commerce or the Department of State, equally applicable, is subject field to a fine of not more than $i,000,000 and upward to xx years imprisonment." As of November 1, 2020, all FFL holders were required to transition to the new revision.[9]
Additional changes made to the form include:[10]
- Relocating questions relating to the manufacturer, importer, model, series number, type, quotient or guess, and number of firearms to exist transferred to a new Section A at the get-go of the form. These questions were previously located in Section D.
- New options for questions relating to personal information, such as the choice to select Non-binary as a Sex activity, the selection to include an Appeals Management Database Identification (AMD ID) as a Unique Personal Identification Number, and two new clearing-based questions.
- Boosted criminal history questions, relating to dealings with a war machine court, misdemeanor domestic violence offenses, and orders of protection.
Convictions [edit]
According to the US Sentencing Commission, approximately 5,000 to half dozen,000 people a year are bedevilled of receiving or possessing a firearm against one of the prohibitions above.[11] In 2017, over 25.2 million actual background checks were performed in total.[12]
References [edit]
- ^ See generally subsection (g)(one)(A) of xviii U.Due south.C. § 923 and subsection (a) of 27 C.F.R. sec. 478.124.
- ^ Run into subsection (a) of 18 U.S.C. § 922 and subsection (a)(1)(A) of eighteen U.s.C. § 924.
- ^ https://oig.justice.gov/reports/2016/a1632.pdf[ blank URL PDF ]
- ^ "As gun ownership increases, prosecutions for lying to go a gun fall".
- ^ Championship XVII (sections 1701 through 1710) of Division C of Public Law No. 105-277, 112 Stat. 2681, at 2681-749 (Oct 21, 1998), amending subsection (a)(1)(B)(vi) of 44 The statesC. § 3504.
- ^ Meet generally subsection (g)(2) of xviii U.South.C. section 923.
- ^ "ATF Form 4473 - Firearms Transaction Record Revisions - Bureau of Booze, Tobacco, Firearms and Explosives". www.atf.gov.
- ^ "Feds spell information technology out: No gun for yous if you lot fire upwardly in a pot-legal state". 23 November 2016.
- ^ "ATF Course 4473 - Firearms Transaction Record Revisions | Bureau of Alcohol, Tobacco, Firearms and Explosives". www.atf.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved 28 November 2020.
- ^ "Alarm! ATF Course Changes Explained". U.Due south. & Texas LawShield. 25 October 2020. Retrieved 28 November 2020.
- ^ https://www.ussc.gov/research/quick-facts/section-922g-firearms
This article incorporates text from this source, which is in the public domain . - ^ https://world wide web.fbi.gov/file-repository/nics_firearm_checks_-_month_year.pdf This article incorporates text from this source, which is in the public domain .
External links [edit]
- eForm 4473 (electronic version)
- Form 4473 (PDF)
Source: https://en.wikipedia.org/wiki/Form_4473#:~:text=A%20Firearms%20Transaction%20Record%2C%20or,such%20as%20a%20gun%20dealer.
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