Firearms Questions and Answers

Part I used for over-the-counter sales must be completed, signed and dated by the buyer prior to delivery of the firearm. Part II (green form) used for intra-state non-over-the-counter sales must be completed, signed and dated in duplicate by the buyer at the time of sale. [27 CFR 478.124(c) and 478.124(f)]

ATF Forms 4473 are available free of charge from the ATF Distribution Center. Forms may be ordered online at ATF Distribution Center . Please order a quantity of forms estimated for 6 months use.

No. ATF Form 4473 is required only for transfers by a licensee.   [27 CFR 478.124]

No. However, the “bound book” must reflect the disposition of the firearm from business inventory to personal use. However, if the business is a corporation, and the firearm is being transferred to a corporate officer or director for other than business purposes, then a Form 4473 must be executed.   [27 CFR 478.124 and 478.125a]

No. A Social Security card, alien registration card, or military identification alone does not contain sufficient information to identify a firearms purchaser. However, a purchaser may be identified by any combination of government-issued documents which together establish all of the required information: Name, residence address, date of birth, and photograph of the holder. [27 CFR 478.11 and 478.124(c)]

No. A licensee is required to obtain an ATF Form 4473 from the transferee who must certify that he or she is not prohibited from receiving or possessing a firearm, and whose identity the licensee must verify prior to transfer. A licensee cannot comply with these provisions where a Form 4473 is completed by a person other than the actual transferee.

[18 U.S.C. 923(g); 27 CFR 478.124]

Form 4473 has included a question on race since it was established in 1968. ATF amended Form 4473 in 2001 to add ethnicity to the race question. In April 2012 to meet the requirements of the Office of Management and Budget (OMB) regarding the format in which government forms ask about race and ethnicity the two questions were separated. OMB’s standards for race and ethnicity questions require agencies to ask both race and ethnicity in a specific manner.

OMB published guidance to agencies regarding the adoption of these standards in 2000, but permitted ATF to continue using its existing form until 2012, when it required ATF to make changes to the format of the questions during the standard Paperwork Reduction Act approval process. To comply with OMB guidance, question 10 on Form 4473 was divided into 10a (Ethnicity) and 10b (Race); they are not a new requirement that prospective firearms purchasers provide additional information regarding race or ethnicity.

Title 18, United States Code (U.S.C.), section 923(g)(1)(A) provides authority for ATF to require such records, and 27 CFR § 478.124 implements that authority, including a requirement that the Form 4473 include information about the purchaser’s race.

Additionally, regulations at 28 CFR § 25.7 prescribe the search criteria used by the National Instant Criminal Background Check System (NICS) and states: "The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence." This information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record.

To comply with OMB format standards, question 10 on Form 4473 was divided into 10a (Ethnicity) and 10b (Race); these questions are not new requirements. In addition, respondents may check multiple races (e.g., bi-racial, multi-racial) as opposed to just one in question 10b

No. If the customer did not complete Section B of the Form 4473 and no National Instant Criminal Background Check System (NICS) check is initiated, then despite Section A being completed by the federal firearms licensee (FFL), that particular form is not required to be retained.

[27 CFR 478.129(b)]

Licensees shall retain each Form 4473 until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b), provided that Forms 4473 with respect to which a sale, delivery, or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.

[18 U.S.C. 923(g)(1)(A); 27 CFR 478.129(b)]

If the transferor/seller or the transferee/buyer discovers that an ATF Form 4473 is incomplete or improperly completed after the firearm has been transferred, and the transferor/seller or the transferee/buyer wishes to correct the omission(s) or error(s), photocopy the inaccurate form and make any necessary additions or revisions to the photocopy. The transferor/seller should only make changes to Sections A, C, and E. The transferee/buyer should only make changes to Sections B and D. Whoever made the changes should initial and date the changes. The corrected photocopy should be attached to the original Form 4473 and retained as part of the transferor’s/seller’s permanent records.

[27 CFR 478.21]

Yes.

[27 CFR 478.21]

No. A federal firearms licensee (FFL) may not scan an identification document for the purpose of auto-populating information on the Form 4473.

Information scanned, read, or otherwise gathered from a driver’s license or other identification document, as defined by 27 CFR 478.11, for use in the transfer of a firearm by an FFL may not be electronically populated onto a Form 4473.

In addition, each transferee must personally complete a new ATF Form 4473 each time the transferee attempts to acquire a firearm. See ATF Ruling 2016-2, conditions 3, 4 and 11.

[27 CFR 478.11 and 478.124(c)(1)]

Additional firearms purchased by the same transferee/buyer may not be added to the Form 4473 after the transferor/seller has signed and dated the form.

A transferee/buyer who wishes to acquire additional firearms after the transferor/seller has signed and dated the form must complete a new Form 4473 and undergo a new National Instant Criminal Background Check System (NICS) check.

Additional firearms purchased by the same transferee/buyer may only be added to the Form 4473 as part of a single transaction provided the transaction is conducted no more than 30 calendar days from the date the federal firearms licensee (FFL) initially contacted NICS, and the transferor/seller has not signed and dated the Form 4473.

[27 CFR 478.102(c) and 478.21]