New 4473 for gun purchases

[TAArrowood]

I bought a new Tikka T3X today. Upon reviewing the 4473 I was alerted by the sales person to be aware of a few new questions that had been changed/added to the form very recently. The one question that really jumped out at me was a new question that asked if you intended to sell or trade the firearm and gave a very clear warning that any failure to answer yes/no was punishable under existing laws. When I read that question I hesitated and asked the sales person what the intent was. Sale ever? After 1 year of owenership? Can I never sell or trade this rifle? The sales person said he’d been asked the same question, but he couldn’t truthfully answer it. Also, a new question asked in you live inside or outside city limits. Anyone care to weigh in or give your thoughts?

 

[Brownbear932008]

My opinion is the first question pertains to prosecution of straw purchase cases. Failure to answer would only guarantee a denial from the FBI check and not a prosecution IMO. Second question is odd and I have no idea unless it's a stats question.

 

[TAArrowood]

They still ask the question regarding buying the firearm for someone else or straw purchase. I was really unsure of their intent to ask that question unless they expect at some point to verify that you still own the firearm. If you don’t then could they say that you’ve broken the law by selling/traded it without transferring ownership through another 4473. I just wondered if they are tightening the noose on legal ownership and buying/selling/trading between individuals.

 

[Schism]

I saw the new questions the other day when I filled out a 4473 for a suppressor. The questions seemed very broad and worded in a confusing way. Being I won't/can't sell the suppressor I wasn't too concerned about that particular purchase but it did raise a red flag with me. The FFL said most people had been confused by them. I need to do some more research into those questions and see what the implications are.

 

[GSPHUNTER]

I did an online research of 4473 and watched a few videos that try to answer various questions. Both the questions you are concern with are covered in these videos. Rather than me trying to explain what they had to say, do as I did, and search on line for 4473 form, you will find several videos on the subject. Hopefully you will have your questions answered.

 

[Brownbear932008]

They still ask the question regarding buying the firearm for someone else or straw purchase. I was really unsure of their intent to ask that question unless they expect at some point to verify that you still own the firearm. If you don’t then could they say that you’ve broken the law by selling/traded it without transferring ownership through another 4473. I just wondered if they are tightening the noose on legal ownership and buying/selling/trading between individuals.

No because those records are not even held by ATF they are held by the gun dealer. They are not in any type of database as well. I can assure you agents don't have the time nor the desire to mess with such petty stuff. Those questions are drawn up and approved by agency lawyers. You would probably be surprised at how many people check yes they intend to sell or transfer the firearm to another person. I mean you could be buying the firearm as a gift to your brother and so you would be transferring the firearm as a gift. I'm not sure what would happen in that case with the new question. Would your brother then need to be cleared as well? Or would it just be noted in the 4473 for future reference in case your brother used the weapon in a homicide ect? IDK!

 

[BIGEYES]

Brownbear RE: "No because those records..." 4473s are held by the FFl holder while in business. What is not commonly known is that upon cessation of business, the FFL holder must ship form 4473s and "bound books" to the ATF. At least this was the law some years ago. This in effect creates a defacto Federal firearms registration system.

 

[AZ8]

The key is “furtherance of any felony or other offense”. So answer no. For context:

New Question 21.c:

• 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 offense?

 

[def90]

The question in regards to whether or not you intend to sell the firearm is connected to the atf cracking down on people buying and flipping guns. There is a fine line between a hobbyist buying guns and later selling them to fund the next purchase vs the guy making money as a side hustle flipping guns on gunbroker in which the atf would say that you are in the business of selling guns and thus need to have an ffl to do so.

The city or county thing I'm not completely sure on that one other than it probably has to do with local municipalities beginning to enact their own firearms regulations in which you may have an address for a certain city but may fall within or outside the city limits.

Either way the atf doesn't really know what you answer on any of these questions at the time of the background check and purchase as the background check only runs your name to see if there is a record somewhere that disqualifies you from owning a firearm. The questions on the 4473 are primarily a gotcha thing down the road if you get put in a legal situation where they would be looking at such a thing.

 

[GSPHUNTER]

Guys, It's designed to hurt.