Form 4473

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A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder (such as a gun shop).

The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS.

The dealer also records all information from the Form 4473 into their "bound-book". A dealer must keep this log the entire time they are in business and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five day period must be reported to ATF on Form 3310.4.

If a person purchases a firearm from a private individual who is not a licensed dealer, the purchaser is not required in most states to complete a Form 4473, though some states force individual sellers to sell through dealers.

These forms are given the same status as a tax return under the Privacy Act of 1974 and cannot be disclosed by the government to private parties or other government officials except in accordance with the Privacy Act. Individual dealers possessing a copy of the form are not subject to the Privacy Act's restrictions on disclosure. Dealers are required to maintain completed forms for 20 years in the case of completed sales and 5 years where the sale was denied by the NICS check coming back disapproved or other disqualifying information.

There is a part I to form 4473 which is seen by persons who buy guns and which they sign. They sign that they have read form 4473 on pain of perjury and criminal punishment for lying. Yet there is a Part II which is sort of a secret for the ATF. It cannot be downloaded from the ATF. One has to approach the ATF specially to get a Part II.[1] Part II is for "making a disposition of a firearm to a nonlicensee who is purchasing or otherwise acquiring a firearm by other than an over-the-counter transaction and who is a resident of the State in which the licensee's business premises is located."[2]

Contents

eForm 4473

In response to the President’s Government Paperwork Elimination Act (GPEA), Public L. No 105-277, signed in 1999, and based upon requests from the firearms industry, the ATF has developed the e-Form 4473 to assist in the proper completion of the Federal Firearms Transaction Record (ATF Form 4473). The ATF eForm 4473 is designed to help eliminate errors in completing Form 4473 for both the firearm purchaser and the Federal Firearm License (FFL) holding 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 is capable of offline operations and supports both Windows and Mac OS X operating systems. (see "External links" section below)

Public Interest

Director John Milius portrayed his concerns over the Form 4473 in his 1984 film Red Dawn, where it is specifically mentioned as being used by an invading Soviet army to track down civilians who own guns.

Notes

  1. Firearms Forms - atf.gov
  2. PART 478: COMMERCE IN FIREARMS AND AMMUNITION; Subpart H: Records. Code of Federal Regulations, Title 27, Volume 2. Revised as of April 1, 2005. From the U.S. Government Printing Office via GPO Access. CITE: 27CFR478.124a

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