Due to new statutory requirements outlined in the NICS Denial Notification Act and the Biden administration’s Bipartisan Safer Community Act (BSCA), and to reflect the implementation of subsequent ruling 2021R-05F, ATF Form 4473 has been revised for Firearm Dealers in the United States Firearm Industry.
The revised ATF Form 4473 will become mandatory for use on April 1, 2023.
The current revision of the ATF Form 4473 is still valid until April 1, 2023. Paper versions of the new forms will be available to federal firearm license holders through the ATF Distribution Center beginning February 1, 2023. If you’re using FastBound’s electronic form 4473, the new form will be available before April 1, 2023. Because the new statutory requirements are designed to enhance public safety and to ensure compliance with these provisions and Final Rule 2021R-05F, the United States Office of Management and Budget has provided emergency authorization for firearm dealers to immediately use the revised Form 4473.
Warning: As with any revision to the 4473, using a new revision obsoletes previous versions. If you have a firearm purchaser complete the new form in paper format and your electronic form 4473 software is not yet updated to the new revision, you can no longer use your electronic form 4473 software.
The revised firearm transaction record is available on ATF’s website and can be downloaded and printed by an FFL dealer. The process has not changed much: after the firearm dealer completes section A (serial number), a continuation sheet (if needed), the firearm purchaser must then fill out section B form completely with their personal information, including social security number, answering the unlawful user questions related to federal law, domestic violence. The firearm dealer must then print or save the completed form, including instructions and supporting documentation, and store all firearm transaction record paperwork together, either the paper format in boxes or electronic forms with electronic signatures. The Bureau of Alcohol, Tobacco, and Firearms will be publishing the Revised Form for Notice and Comment Review in the coming months, which should be available on the Federal Government Register website.
If a prospective buyer seems hesitant to complete a background check due to these changes, reassuring them their rights under the privacy act and other firearms owners’ rights have not been affected might be helpful.
The following items list the significant changes to the form. A detailed breakdown of all form changes can be found on the Bureau of Alcohol, Tobacco, and Firearms website.
- Any firearm received by a federal firearms licensee (FFL), that was privately made (not manufactured by another federal firearms licensee) must now be recorded on the ATF Form 4473. “Privately Made Firearm (PMF)” has been added to item 1, Section A. It now reads: “Manufacturer and Importer, if any or Privately made firearm (PMF) (If the manufacturer and importer are both different, include both).”
- Question 10 is amended: The transferee/buyer is now asked to answer whether they “Reside in City Limits?” regarding their residence address. For example, if a prospective buyer lists their residence city/state as Phoenix, Arizona, but they reside outside of the city, they will answer “no” to this item.
- The following two prohibiting questions have been added to Section A:
- 21b: “Do you intend to purchase or acquire any firearm listed on this form and any continuation sheet(s) or ammunition, for sale of 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 exception?”
- 21.c.: “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?”
- To comply with the BSCA 10-day waiting period on certain transfers involving transferees under the age of 21, Section C of the Form has been revised as follows:
- Prior to the NICS/POC information section which contains the NICS transaction number, an instructional header has been added stating: “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 27a.”
- Item 27.c. was amended to show the date an FFL may transfer a firearm should NICS or the State agency (conducting the background check) not reply stating more time is needed for the check. It now reads next to the delayed check box: “The firearm(s) may be transferred on ____ if time period is not extended by NICS or the appropriate State agency, and State law allows (optional).”
- A box has been added to 27.d. should NICS background check or the appropriate State agency delay the check as more time is needed to conduct it on a transferee under 21 years of age. It now reads: “Notice of additional delay of transferee under 21 years of age received on _______ (date), and may be transferred on _________ (date).”
- Also added to 27.d. is a box for FFLs to check should no response be received from NICS or the appropriate State agency background check (for transferees under 21 years of age) within 10 business days after the initial delay was given. It now reads: “No response was provided within 10 business days after initial delay for transferee/buyer under 21.”
FastBound is designed to help federal firearms license dealers get and stay compliant. FastBound has processed more than one billion firearm transactions since 2010 and is used by thousands of licensed dealers to help manage firearms dealers electronic acquisition and disposition records, electronic ATF Form 4473, multiple sales, law enforcement serial number traces, and much more.
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