Welcome to M1911.ORG
The M1911 Pistols Organization Forums Site


John needs your help
Please read this message.


Sponsors Panel
If you intend to buy something from the companies advertising above, or near the bottom of our pages, please use their banners in our sites. Whatever you buy from them, using those banners, gives us a small commission, which helps us keep these sites alive. You still pay the normal price, our commission comes from their profit, so you have nothing to lose, while we have something to gain. Your help is appreciated.
If you want to become a sponsor and see your banner in the above panel, click here to contact us.

Results 1 to 5 of 5

Thread: New FFL 4473 form and its implications

THREAD CLOSED
This is an old thread. You can't post a reply in it. It is left here for historical reasons.Why don't you create a new thread instead?
  1. #1
    Join Date
    29th May 2004
    Location
    Athens, Greece, Earth
    Posts
    28,076
    Posts liked by others
    204
    Blog Entries
    2

    New FFL 4473 form and its implications

    This is from an article that appeared in GunsAmerica.com.

    New FFL Form 4473 for Background Checks Incoming


    by Max Slowik on November 17, 2016



    The Bureau of Alcohol, Tobacco, Firearms and Explosives or more commonly the ATF has announced an update to Form 4473, the background check form. All Federal firearms licensees or FFLs will have to switch to the form on Jan. 16, 2017. The previous form, drafted in 2012, will no longer be accepted from that point on.
    Anyone buying from or transferring a firearm through an FFL will have to fill out this updated form. The bulk of the changes to the form are small clarifications to how the background check questions are phrased but one change stands out noticeably.
    Question 11.e asks if the person filling out the background check is “An unlawful user of, or addicted to, marijuana” among other controlled substances. It has a new warning that points out that marijuana use remains “Unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes” under state law.
    This change reflects the ATF’s longstanding position that local laws don’t supersede the federal laws the ATF is tasked to interpret and enforce. As long as there are federal laws that criminalize the consumption or possession of marijuana it will be illegal for cannabis users to purchase firearms.




    It’s not a legally gray area even if the enforcement of these and similar laws can sometimes be difficult or even impossible in these municipalities. This supports recent case law as well.
    Recently the 9th U.S. Circuit Court of Appeals ruled that federal laws that prohibit drug users from purchasing firearms still apply to marijuana users, even in states where marijuana use has been decriminalized for medical or recreational use.
    See Also: Ninth Circuit Appeals Court Says No to Guns for Medical Marijuana Users

    Other changes to the form include a new format for filling out names for the background check process. Anyone with no middle name will have to mark the form NMN and anyone with only a middle initial must mark their initial with IO for initial only. Additionally, anyone with a name suffix like junior or senior will be required to include that information as well.
    The new form uses the stricter term “sex” instead of “gender” for the purposes of identification and includes language detailing federal laws and definitions to help people correctly fill out the form. The updated form also includes instructions on how to proceed if a transfer is initially denied then overturned.
    Legal experts at Orchid Advisors have a detailed list of the changes which number in the dozens. “If you have additional questions regarding the revised Form 4473, please contact your local ATF office. A listing may be found online (https://www.atf.gov/contact/atf-field-divisions).”


    The new forms can be found online on the ATF website.
    John Caradimas SV1CEC
    The M1911 Pistols Organization
    http://www.m1911.org
    Last edited by John; 19th November 2016 at 03:21.


  2. #2
    Join Date
    2nd June 2004
    Location
    Terra
    Posts
    22,286
    Posts liked by others
    906
    This new form will become effective on January 16, 2017. Some sites have reported it as recognizing the [state] legal use of marijuana in states that allow MJ for medical use and (in some cases) recreational use. That is NOT correct. The new form doubles down and clarifies (not that there was ever any question) that the use of marijuana remains illegal under fedeal law, which means that anyone using marijuana under circumstances that may be legal under state law is nonetheless prohibited from possessing or receiving firearms under federal law.

    As this realization has begun to sink in, comments on some sites have taken the direction of, "I don't agree with the law, so I don't think I have to follow it." IMHO, that's the kind of attitude that gives gun owners everywhere a bad name, and it's the kind of "I only follow the law when it favors me" attitude that we criticize the anti-gun, liberal types for. It ranks right up there with the "Concealed means concealed" people who advise other people to ignore laws and carry concealed where it's not legal.

    On this site, we don't advocate breaking any laws. This new form doesn't seem to implement any new laws or new regulations, it just makes the current regulations more clear. Just be advised that as of January 16 this is the form you will be filling out to buy guns from FFLs. Pay attention to the new requirements for filling in your name.
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

  3. #3
    Join Date
    18th March 2012
    Location
    Missouri
    Posts
    123
    Posts liked by others
    17
    Dope is for dopes, Man.
    Likes (1) :
    Warbirdnut (27th November 2016)


  4. #4
    Join Date
    14th August 2016
    Posts
    175
    Posts liked by others
    19
    Unfortunately some one could say no to the MJ question and most likely get away with it. That is unless they've got some prior history or just show up under the influence. Its good to see the question on the form though. IMHO the Feds should crack down on this. Perhaps the next administration will.

  5. #5
    Join Date
    2nd June 2004
    Location
    Terra
    Posts
    22,286
    Posts liked by others
    906
    Quote Originally Posted by Warbirdnut View Post
    Its good to see the question on the form though.
    The question is on the form we use now and have been using since 2008. I don't remember, but I'm pretty certain it was on the previous version, as well.

    Question 11.e. The new form just adds the clarifying language.

    https://www.atf.gov/firearms/docs/44...53009/download
    Hawkmoon
    On a good day, can hit the broad side of a barn ... from the inside

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  



Sponsors Panel
If you intend to buy something from Brownells, please use their banners above. Whatever you buy from them, gives us a small commission, which helps us keep these sites alive. You still pay the normal price, our commission comes from their profit, so you have nothing to lose, while we have something to gain. Your help is appreciated.
If you want to become a sponsor and see your banner in the above panel, click here to contact us.

Non-gun-related supporters.
Thank you for visiting our supporters.