ATF Changes the 4473: What You Need to Know

ATF Form 4473 is a familiar sight to gun owners. It’s usually the first step toward taking delivery of a new firearm. As government agencies do, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) occasionally revises its forms to reflect changing laws, rules, and priorities. A revised Form 4473 has just dropped, so here’s a rundown of what’s new as of December 2022.

A New Manufacturer Category

Section A is where the seller records the firearm’s manufacturer and importer, if any. Reflecting the new frames and receivers rule, ATF has now added a “Privately Made Firearm (PMF)” category. Homemade firearms have always been legal and do not require a serial number unless they are transferred to another person.

This addition requires the FFL to record that the firearm being transferred was privately manufactured. The FFL will also record the assigned serial number in the same section.

A New Residence Question

Section B, line 10 asks for the purchaser’s address. A new question has been added, reading: “Reside in City Limits?” This may reflect the fact that, while many cities have their own firearms laws, some people’s address says they live in that city when they actually reside outside the marked limits.

New Qualifying Questions

Section B is filled out by the purchaser and includes qualifying questions to establish whether the transferee is a prohibited person. Two new questions have been added, apparently aimed at straw purchasers and gun traffickers. Now, we all know that criminals do not necessarily tell the truth, but this looks to be an administrative tool to use against them if they are caught.

Line 21.b.

The first new question, line 21.b., asks “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?”

Basically, line 21.b. asks whether you intend to give or sell the firearms and/or ammunition you’re buying to a prohibited person. If you answer in the affirmative, you are now prohibited yourself because you intend to make a straw purchase.

Line 21.c.

The second new question is on line 21.c. It reads, “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?”

In other words, do you plan to use this firearm and/or ammunition to commit a crime, engage in terrorism, or sell drugs? If so, you are now a prohibited person. Again, it seems unlikely that any such person would answer yes, but this is probably one more thing to throw at such people in court.

New Age Requirements

Section C now contains the following 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.”

This comes from the Senate gun control bill passed last summer, authorizing NICS to look at juvenile records for 18- to 20-year-old gun purchasers. NICS must inform the FFL within three days of a delay for that purpose. The FFL will then note on line 27.c the date on which the transfer can proceed if NICS does not extend the waiting period.

Line 27.d provides a place for the FFL to note whether and when NICS notifies them of an additional delay and when the transfer can proceed if NICS fails to respond.

Implementation

ATF has advised FFLS to begin using the revised Form 4473 immediately, though the mandatory implementation date is April 1, 2023. ATF says the revised 4473 e-form will be available soon.

For most of us, the new revisions are meaningless. The waiting period for 18-20-year-olds is problematic, Second Amendment-wise, and that may be challenged in court. But some folks have filled out so many 4473s that they habitually just check off the boxes in Section B without reading the questions. I’ve seen people do it. Be aware that if you check the wrong box, the FFL can’t just toss the form in the trash and give you a new one. They have to keep the one marked in error. Don’t be the guy who accidentally puts himself on the ATF’s radar by not reading the new questions.

Thanks to Orchid Advisors for the copy of the revised Form 4473.