ATF Proposes Changes to Form 4473

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) posted proposed changes to form 4473 on May 8. If approved the modifications would make the required paperwork high-speed, low-drag compared to the current version by shaving three pages from the paperwork. It would eliminate a lot of the previous form’s confusing redundancy­, trimming questions for both the purchaser/transferee and FFL. Readers can get a look at what the draft version looks like here.

Enthusiasts will not see it in use at FFLs anytime soon, however. The public comment period ends on Aug. 6, and approved changes will reflect in the final version.  

One of the modifications addresses a proposed rule change—which was also published on the Federal Register on May 8. It would allow dealers to ship directly to a transferee/purchaser’s home. The ability for an FFL to conduct “non-over-the-counter transactions” could be a huge change. Readers should note, however, that comments on the above-linked proposal are not closed. They will continue to be accepted unti Aug. 6. 

If approved the rule would allow FFLs to ship a gun directly to a new owner—even at home—if they reside in the same state and after completion of a stringent verification process. A NICs background check remains mandatory, along with all other local, state and federal laws. Complete requirements are in the above-linked documents.

Other changes in the proposed 4473 are also noteworthy. The current form asks whether you are the “actual transferee/buyer” of the firearm. Wording in the proposed modification inquires in simpler terms whether the transferee/purchaser is making a “straw purchase.” It’s a long-overdue clarification that eliminates any concern that buying a gun for a family member who can legally own one—or anyone else—could be misconstrued as a “straw purchase” in court.

In April the U.S. Department of Justice placed, “…FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-issued License in Schedule III.” That removed prescriptions from the Federal Government’s Schedule 1 list. That fact is reflected in the proposed 4473 form. If finalized as it stands it will inquired if the purchaser/transferee is, “…an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance. (Warning: You can be an unlawful user under federal law, even if your possession is legal under state law. Federal law does not permit the use or possession of marijuana for recreational purposes).”

Readers are encouraged to review the proposed modifications, and to submit comments while they still can.