ATF Form 4473
A different firearm 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 a different firearm after the transferor/seller has signed and dated the form must complete a new ATF Form 4473 and undergo a new National Instant Criminal Background Check System (NICS) check.
A federal firearms licensee (FFL) may amend Section A of the Form 4473 if the transferee/buyer decides to buy a different firearm than was initially recorded in Section A, provided the transferor/seller has not signed and dated the form.
[27 CFR 478.102(c) and 478.21]
Yes. Item 26.b. on Form 4473 (formerly item 18.b. on the 2016 Form 4473) is used in instances where a single government-issued identification document is not endorsed with the transferee’s full legal name and/or current residence address as recorded in items 9 and 10, respectively, and the transferee presents a combination of valid government-issued documents satisfy the identification document requirement.
An example of this may include an individual who recently changed his/her name due to a change in marital status. ATF Ruling 2001-5 states that federal firearms licensees (FFLs) may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address or full legal name.
These supplemental documents must be issued by a government entity. Documents that will typically meet these requirements include a tax bill, vehicle registration, and voter identification card.
Documents issued by private companies or individuals (rental documents, leases, cable bills, phone bills, credit card bills, bank documents, etc.) may not be used as supplemental identification documents for the purchase or acquisition of a firearm.
[18 U.S.C. 922(t)(1)(C), 27 CFR 478.102(a)(3) and 478.124(c)(3)(i)]
No. The National Instant Criminal Background Check System (NICS) information, regardless of method of entry, may only be entered after the transferee/buyer signs and certifies the eForm 4473 (items 22 and 23).
No. Item 6 on Form 4473 states: “Total Number of Firearms to be Transferred (Please spell total number e.g., one, two, etc. Do not use numerals.)”
Item 6 should reflect the total number of firearms recorded in items 1-5 and, as necessary, on the Firearms Transaction Record Continuation Sheet (ATF Form 5300.9A), regardless of whether the firearms were actually transferred.
See ATF Form 4473 instructions for item 10 which state, “If the transferee/buyer is a member of the Armed Forces on active duty, his/her state of residence is the state in which his/her permanent duty station is located. If the service member is acquiring a firearm in a state where his/her permanent duty station is located, but resides in a different state, the transferee/buyer must list both his/her permanent duty station address and residence address.”
Example 1: PCS stationed to state A, lives on base in state A
If the transferee is a member of the Armed Forces on active duty and is acquiring a firearm in the same state as his/her permanent duty station, and he/she resides on base, the transferee will record his/her permanent duty station residence address in item 10.
Example 2: PCS stationed to state A, lives off base in state A
If the transferee is a member of the Armed Forces on active duty and is acquiring a firearm in the same state as both his/her permanent duty station and his/her residence, the transferee should record his/her residence address in item 10. The transferee’s permanent duty station address in addition to the transferee’s current residence address is not required.
Example 3: PCS stationed to state A, lives off base in state B
If the transferee is a member of the Armed Forces on active duty and is acquiring a firearm in a state where his/her permanent duty station is located, but resides in a different state, the transferee must list both his/her permanent duty station address and his/her residence address.
An active-duty military member may establish residency by presenting permanent change of station (PCS) orders and a valid military photo identification card (see ATF Ruling 2001-5). The PCS orders may be either paper or electronic, as stated in the Form 4473 instructions for item 26c, “Licensees may accept electronic PCS orders to establish residency.”
Spouses and other dependents of an active-duty military member may not claim residency using PCS orders, as 18 U.S.C. 921(b) applies only to members of the Armed Forces.
A military member claiming residency in a state in which he or she is present with the intention of making a home must demonstrate that residency to the federal firearms licensee (FFL) by presenting a valid identification document, or a combination of valid, government issued documents, to satisfy the identification document requirement.
[18 U.S.C. 922(t)(1)(C), 27 CFR 478.102(a)(3), 27 478.124(c)(3)(i)]
You must document both the name of the military base and the city and state where the base is located. For example, “Fort Knox, Fort Knox, Kentucky.”
No. The heading to Section A of Form 4473 requires the federal firearms licensee (FFL) to identify the firearm(s) to be transferred by recording the serial number in response to Section A, item 3, prior to the transferee/buyer completing Section B. Thus, a transferee/buyer may not complete Section B on the Form 4473 before the licensee identifies the firearm(s) to be transferred by serial number in Section A, item 3.
Additionally, item 21.a. states: “Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet(s)?” In order to accurately answer question 21.a., the transferee/buyer must be able to review the firearm information recorded in Section A.
