Legal Details
ATF Form 4473
Photo by dbking (CC BY 2.0)
| Identification | |
|---|---|
Citation | 18 U.S.C. § 922(c) |
| Code Sections |
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| Jurisdiction | |
Territory | United States (Federal) |
Enacted By | United States Congress |
Administered By |
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| Key Provisions | |
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| Applicability | |
| Applies To | Any individual purchasing or receiving a firearm from a Federal Firearms Licensee (FFL dealer) |
| Penalties | False statements on Form 4473 are punishable by up to 10 years in federal prison and fines |
Related Laws | |
| Major Amendments | |
February 2024Significant update to include documentation requirements for privately made firearms (ghost guns) | |
ATF Form 4473 Requirements
Legal information and analysis
From The Boise Gun Club Handbook
This article provides educational information about federal law and is not legal advice. Consult with an attorney for specific legal questions.
Every time you buy a gun from a dealer, you fill out a form that could put you in federal prison for 10 years if you lie on it--and the ATF doesn't care if your lie was "just a small mistake."
- What it is: The government's paper trail for every gun sale
- What it does: Feeds your info to NICS and creates a permanent record
- What's new: February 2024 updates target "ghost guns" and home builds
- What's at stake: Felony charges for false statements, no exceptions
You've seen this form at every gun counter. That multi-page questionnaire asking about your address, criminal history, drug use, and mental health commitments. It's not optional paperwork you can rush through--it's a federal document with serious consequences.
The legal reality: Federal law (18 U.S.C. § 922(c)) requires Form 4473 for every firearm transfer from an FFL to a private person. No shortcuts, no exceptions, and no taking it home to fill out carefully.
The form does two jobs: it runs your background check and creates a permanent record the dealer keeps forever. When the ATF updated it in February 2024, they mainly wanted to close loopholes around privately made firearms that used to slip through the system.
The Process -- Step by Stepedit
Required Documentation
Walk into any gun store and here's what happens. They hand you the form before you even touch that rifle you've been eyeing.
Form 4473 process flow from entry to completion
You can't browse first, can't take it to your truck, can't have your wife fill it out while you're in the bathroom.
You fill out personal information and answer yes/no questions about everything that could make you a prohibited person. Criminal history, drug use, restraining orders, mental health commitments--all the disqualifying factors federal law cares about.
| Step | What Happens | Who Does It |
|---|---|---|
| 1 | Present ID and receive Form 4473 | Dealer hands you form |
| 2 | Complete personal information section | You fill out your details |
| 3 | Answer all yes/no questions | You answer honestly |
| 4 | Submit completed form | Dealer reviews for completeness |
| 5 | Background check initiated | Dealer calls NICS |
| 6 | Firearm information recorded | Dealer fills out gun details |
| 7 | Payment and transfer | You take possession if approved |
Background Check Procedure
The dealer calls your information into the National Instant Criminal Background Check System while checking your ID. They fill out their section with the gun's details: make, model, serial number, caliber.
Background check comes back clean, you pay, you leave with your gun.
Record Keeping Requirements
The dealer keeps that form forever in their files. You don't get a copy. If you change your mind halfway through or fail the background check, they still file the paperwork in a separate folder.
The dealer keeps that form forever in their files. Nothing disappears once you start this process.
Where People Mess Upedit
I've watched smart people make stupid mistakes on this form. Here are the ones that actually get people in trouble:
Consequences of dishonesty on Form 4473
Address and Identity Issues
Address problems: Use where you actually sleep at night, not your P.O. Box or where you get mail.
If your driver's license shows your old apartment from two moves ago, bring something current to back up what you write.
Drug Use Disclosures
The marijuana question: This trips up more people than anything else. "But it's legal in my state" doesn't matter--it's still federally illegal.
Mark "yes" if you use it, even occasionally. Lying about drug use is the felony the ATF loves to prosecute.
Purchase Legitimacy
Straw purchases: Your girlfriend with the clean record can't fill this out to buy you a gun, even if you're standing right there with cash in hand. The person taking ownership has to do the paperwork.
The "no" shortcut: Some guys just mark "no" down every question without reading them. Bad idea if you actually have a disqualifying record--the background check will catch it anyway, and now you've lied on a federal form.
| Common Mistake | Why It Happens | Legal Consequence |
|---|---|---|
| Wrong address | Using P.O. Box or old address | Perjury charges |
| Marijuana lie | "It's legal in my state" thinking | Federal drug crime + perjury |
| Straw purchase | Partner has clean record | Conspiracy charges for both parties |
| Blanket "no" answers | Rushing through questions | Perjury if any "yes" answers exist |
| Mental health omission | Forgetting old commitments | Federal records will show discrepancy |
Each of these mistakes carries serious consequences:
- Up to 10 years in federal prison
- Substantial fines and court costs
- Permanent felony record
- Loss of gun rights forever
- No acceptance of 'mistake' or 'misunderstanding' defenses
The ATF builds entire cases around single lies on Form 4473. They don't accept 'I forgot' or 'I misunderstood the question' as defenses.
What Actually Changed in 2024edit
The February 2024 updates mostly affect people who build their own guns or deal with privately made firearms. If you're buying factory guns off the shelf, not much changed for you.
Ghost Gun Provisions
The new requirements close loopholes around ghost guns--firearms without serial numbers that used to disappear from government paperwork. Now when someone brings a home-built gun to transfer through an FFL, the dealer has to document it properly.
| Change Category | Old Rule | New Rule (Feb 2024) |
|---|---|---|
| Ghost guns | No serial number requirement | Must be serialized before transfer |
| Home builds | Minimal documentation | Full 4473 required for transfers |
| 80% lowers | Treated as parts | Treated as firearms when completed |
| Dealer records | Standard firearm logging | Enhanced documentation for PMFs |
Impact on Gun Owners
What this means for you: If you build guns as a hobby or buy 80% lowers, pay attention to the new documentation requirements. The ATF got tired of these firearms vanishing from their paper trail.
The Smart Approachedit
Most people overthink this process. If you can legally own firearms, answer the questions honestly and you'll sail through. The system is designed to catch prohibited persons, not hassle law-abiding gun owners.
Preparation Tips
Bring the following items before you arrive at the dealer:
- Current government-issued photo ID
- Proof of current address if ID is outdated
- Knowledge of your complete legal history
- Patience to read each question carefully
Best Practices
Don't rush through it because there's a line behind you. Take time to read each question carefully.
Your freedom might depend on getting it right. Most dealers know this form inside and out--if you're genuinely confused about what a question is asking, ask them. They can't give legal advice, but they can clarify what the ATF wants to know.
The 10-year prison sentence isn't worth saving five minutes at the gun counter.
The bottom line: This form creates a permanent record that follows federal law to the letter. Answer honestly, bring proper ID, and take your time.
See Alsoedit
- Ace Hardware of Sandusky(Sandusky, MI)
- New Philly Sportsman Specialities(New Philadelphia, OH)
- Atwoods Ranch & Home #46(LACY LAKEVIEW, TX)
- G & P Distributors(McConnellsburg, PA)
This is not legal advice
This guide provides general information about federal and state firearms laws based on publicly available statutes. Laws change frequently and vary significantly by state. Always verify current laws in your jurisdiction. Consult a qualified attorney for legal advice on your specific situation. When in doubt, contact local law enforcement or state police.
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