Concerned that lawful gun purchasers could unintentionally misrepresent themselves, thereby committing a felony, due to the wording on the firearms transaction record form, the chairman of the U.S. House Committee on Federal Law Enforcement is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to make changes to the 4473.
Rep. Clay Higgins, R-Louisiana, recently wrote a letter to Daniel Driscoll, ATF acting director, asking the agency to clarify a question to ensure individuals who can certify in other legal situations that they are not a convicted felon but have not had their firearm ownership rights formally restored from inadvertently committing perjury.
“The Gun Control Act of 1968 prohibits individuals who have been convicted of certain crimes from legally purchasing a firearm,” Rep. Higgins wrote in the letter. “For this reason, when individuals purchase a firearm, they are required to complete ATF Form 4473, which includes a question about their criminal background. The Gun Control Act of 1968 also includes restorative procedures for individuals whose ‘record and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety’ and wish to again exercise their Second Amendment rights.”
In the letter, Rep. Higgins also wrote: There are numerous examples—such as employment and housing applications—where, over time (often seven to 10 years), people can truthfully answer “no” to questions asking if they have a criminal record. However, these same individuals may unknowingly be committing felonious misrepresentations when answering question 21(d) on ATF Form 4473, punishable by up to 15 years in prison, if they have not had their rights restored by the Attorney General.”
To protect American citizens at risk of making this felonious mistake, Rep. Higgins last year introduced The Second Amendment Rights Restoration and Accountability Act.
“This legislation proposed directing the ATF to update Form 4473 to more clearly inform readers of: (1) the existence of the exceptions for the receipt of a pardon, the expungement or set aside of a conviction, and the restoration of rights; and (2) the correct information to provide in answering that question when any of those exceptions apply. If legislation is necessary to implement these updates, I stand ready to reintroduce my bill; however, I am hopeful you can expedite these improvements administratively.”
Also at issue is Form 4473’s use of the term “non-binary” in the section where an applicant has to answer what sex he or she is. Rep. Higgins believes this runs afoul of President Trump’s executive order (14168) that directed clear and accurate language and policies be used to define biological sex.
“As such, I urge you to promptly update ATF Form 4473 to both comply with Executive Order 14168 and protect individuals against making unintended false statements,” he wrote.
In the end, Rep. Higgins asked that the ATF inform the subcommittee whether the ATF has all necessary authority to change Form 4473 to clarify the rights of citizens whose firearm ownership rights have been restored and to describe the process the ATF would follow, including required consultations with other Executive branch entities, to effectuate such changes.
How about making it so that convictions that are more than 7-10 years old aren’t disqualifying? (Possibly with a very small number of obvious exceptions for crimes that are both serious & violent)
“The 1968 Gun Control Act”
Despicable…Gun Control an agenda History Confirms is Rooted in Racism and Genocide has a law named after it…And as long as dumbfuks think that is acceptable in America it will be business as usual.
https://youtube.com/watch?v=WlItbl9SOAg&si=lwZ5IAPhx3A-1cjV
Yup. Wicked racist.
The entire idea of asking permission to exercise a right is BS. I want to see
Congressman wants to end background checks, FFLs, and Form 4473.
Ditto.
Can you buy a gun from an FFL if you don’t have an address?
NOT any more. You MUST have a Government issued document with your current physical address if it is not on your Driver’s license or State ID card. Examples include: voter registration, car registration, hunting and fishing licenses. This is why you cannot buy a gun with just your passport or Military ID. Neither proves your state of residency or even lists your address.
Facepalm. It was a rhetorical question. Sorry you had to burn the brain cells.
WTF does Ethnicity have to do with exercising a right?
Nothing at all it’s just a way to keep track of,,,, “things”.
I agree that the 4473 is confusing. When i filled it out I selected ‘non binay’ because I thought it was referring to the trigger Nd that AR just had the stock MILSPEC trigger.
Now that’s funny!
How about just getting rid of the ATF and the entire background check system? Y’all know, like things were prior to 1934.
Works for me.
How about a republican congressman sacks up, and calls for the elimination of the ATF altogether?
Hows about just doing away with it.
I’ve read the constitution and bill of rights, didn’t see anything about batfe or 4473?
Sounds like bs to me
My proposed update to the 4473:
It should be revised to a blank sheet of paper.
Fred Felon:
Hey Jim, I got an expungement. I’m going down to the gun store and get a gun, you want to come.
Misdemeanor Jim:
Nah, ever since my girlfriend rushed me and I shoved her back then she scuffed her elbow and called the cops I can’t get a gun. Never.
.
One thing we all must agree upon however is that since the gun control act was passed no U.S. President has been assassinated.
True, but there have been several attempts. Some of which came quite close to succeeding, and involved guns. Squeaky Fromme’s 1911 is in the Gerald Ford museum in Michigan.
Gun control act. hmmm?
Gun control=Restrictions.
Restrictions=Infringed.
Shall Not Be Infringed, what’s that mean ?
well it is America and at least ,
You Have The Right To Remain Silent but you can and will be punished if you do.
“Gun control act. hmmm?
Gun control=Restrictions.
Restrictions=Infringed.”
USSC declared that “reasonable restrictions” are not infringements, underlining the principle that no natural, human, or civil right is absolute.
Drats, foiled again.
“Drats, foiled again.”
But, you do keep me on my toes.
Which is quite difficult to maintain. . . .and awkward.
Pointe or relevé?
Sam – therein comes the ‘problem’ – exactly WHO (not that un abomination) gets to decide what ‘restrictions’ are reasonable and what criteria do they use?
ATF wants the 4473 form to have ambiguous sections. It provides justifications for raids on the purchasers or the FFL holder.
Drats, foiled again.
They call it a Form4473 to purchase. What it really is is gun registration.
My wife bought a gun at a yard sale and ask for a bill of sale. She said ” All my other guns are registered( purchased from ffl)but this is the only one I’ve ever bought like this and I’d like proof I own it.”
When the gun dealer calls in the background check the ATF keeps your name address and the guns serial number in a national registry.
Ohhh yes they do, forever.
Not all states require participation in this scheme.
Really, I’d like to buy guns in a state like that.
I knew there were some states that did not run a background check if you had a CCL, but I didn’t know there were states that didn’t run a background check when you bought the gun from a gunshp.
MS doesn’t. There is no State level background check or any other notification that goes to the State. Just the 4473 for the Feds. And if it’s a private transaction even that is not required, and nobody except the buyer and seller knows anything about it.
Why is 4473 so interested if I am Hispanic or not? I’m not- but if I were I’d be a bit concerned why the government is asking.
@Publius
“Pointe or relevé?”
Arabesque. Plie’ is the worst.
@Publius
“Pointe or relevé?”
Arabesque. Plie’ is the worst.
Fine, now let’s stop denying firearms rights to cancer patients with legal prescriptions for medicinal marijuana, or legal medicinal marijuana cards. And while they’re at it, since marijuana is now legal in most states, don’t make it a disqlalifier on form 4473.
People who occasionally drink alcohol are allowed to buy guns, even if they’re the type of drinker who gets angry and violent when drunk. Pot smokers just get mellow, peaceful, sleepy, and get the munchies, so they’re much less dangerous than alcohol “users” who become angry drunks.
Why have the 4473 form anyway I f you are a Biden or part of the government elite it does not apply If only restricts those that are not in the power position