ATF Form 4473 – the Firearms Transaction Record – is a relative household name to most American firearm owners. Consumers who purchase a firearm from a Federal Firearms License dealer are required to answer biographical, residence, criminal history, and other related questions as the first step towards taking ownership of their new gun. This is usually followed by a NICS or state-specific background check, unless the resident’s state allows a current firearms license as an alternative. The newly revised ATF 4473 application was announced a few days ago and now includes questions regarding privately made firearms and waiting periods for buyers under the age of 21.
Thank you to our friends at Orchid Advisors for always keeping us up to date on regulatory changes.
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Firearms Transfer Record – Here Is The Newly Revised ATF 4473 – December 2022
Section A, box 1. reads “Manufacturer and Importer (if any), or Privately Made Firearm (PMF) (If the Manufacturer and Importer are different, include both.). This applies to firearms that are made by non-licensed individuals for sale to other non-licensed individuals. Often referred to as “Ghost Guns” in the media, the making of firearms by non-prohibited individuals for personal use has always been legal in the United States as long as they are for personal use and not for a business in the practice of manufacturing firearms. These privately made firearms can later be sold to non-prohibited individuals as long as they are marked correctly (serial numbers) and do not otherwise violate state, local and federal laws.
Section B, questions 21 (b) and (c) now include ammunition as a disqualification if the applicant intends a transfer to prohibited persons.
Do you intend to purchase or acquire any firearm listed on this form and any continuation sheet(s), or ammunition, for sale or other disposition to any person described in questions 21(c)-(m), or to a person described in question 21.n.1 who does not fall within a nonimmigrant alien exception?
Do you intend to sell or otherwise dispose of any firearm listed on this form and any continuation sheet(s) or ammunition in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a drug trafficking offenses.
Firearms Transfer Record – Here Is The Newly Revised ATF 4473 – December 2022
A notice now appears prior to question 27 regarding applicants under the age of 21:
Notice: If transferee/buyer is under 21, a waiting period of up to 10 days may apply where notification from NICS is received within 3 business days to further investigate a possible disqualifying juvenile record. A NICS check is only valid for 30 calendar days from the date recorded in question 27.a
Use of the new form will not be mandatory until next April, but the electronic form is available for download and use as of December 2022.
Read the rest of the information posted by Orchid Advisors here.
ATF has published a revised Form 4473 to meet requirements set forth in the NICS Denial Notification Act and Bipartisan Safer Community Act (BSCA), as well as the implementation of ATF Final Rule 2021R-05F. The revisions address enhanced background checks, Privately Made Firearms (PMFs), and more.
Though the revised form will not become mandatory until April 1, 2023, ATF encourages all FFLs to begin using the amended Form 4473 immediately, which can be downloaded and printed from the ATF’s website. Paper forms will be made available from the ATF Distribution Center on February 1st.