Form 4473
Encyclopedia
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 handgun
s 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 require 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. 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."
(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 runs locally on the FFL's computer and supports both Windows and Mac OS X
operating systems. (see "External links" section below)
portrayed his concerns over the Form 4473 in his film Red Dawn
, where it is specifically mentioned as being used by an invading Soviet army to track down civilians who own guns.
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
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
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
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
(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 handgun
Handgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s to a person in a five day period must be reported to ATF on Form 3310.4
Form 3310.4
Form 3310.4 or Report of Multiple Sale or Other Disposition of Pistols and Revolvers is a Bureau of Alcohol, Tobacco, Firearms, and Explosives form that a firearm dealer must fill out when an unlicensed person purchases or acquires two or more handguns at one time or during five consecutive...
.
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 require individual sellers to sell through dealers.
These forms are given the same status as a tax return
Tax return (United States)
Tax returns in the United States are reports filed with the Internal Revenue Service or with the state or local tax collection agency containing information used to calculate income tax or other taxes...
under the Privacy Act of 1974
Privacy Act of 1974
The Privacy Act of 1974, 5 U.S.C. § 552a, Public Law No. 93-579, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies...
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. 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."
eForm 4473
In response to the 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 Firearms LicenseFederal Firearms License
A Federal Firearms License is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms...
(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 runs locally on the FFL's computer and supports both Windows and Mac OS X
Mac OS X
Mac OS X is a series of Unix-based operating systems and graphical user interfaces developed, marketed, and sold by Apple Inc. Since 2002, has been included with all new Macintosh computer systems...
operating systems. (see "External links" section below)
Public interest
Director John MiliusJohn Milius
John Frederick Milius is an American screenwriter, director, and producer of motion pictures.-Early life:Milius was born in St. Louis, Missouri, the son of Elizabeth and William Styx Milius, who was a shoe manufacturer. Milius attempted to join the Marine Corps in the late 1960s, but was rejected...
portrayed his concerns over the Form 4473 in his film Red Dawn
Red Dawn
Red Dawn is a 1984 American war film directed by John Milius and co-written by Milius and Kevin Reynolds. It stars Patrick Swayze, C. Thomas Howell, Lea Thompson, Charlie Sheen and Jennifer Grey....
, where it is specifically mentioned as being used by an invading Soviet army to track down civilians who own guns.