Atf Form 4473 - Firearm Transaction Record (Page 4 of 6) in pdf

If the buyer's name in question 1. is illegible, the seller must print the buyer's

name ahove the name written by the buyer.

Qu('stion 2. Current Residence Address: U.S. Postal abbreviations are

acceptable.

(e.g..

SL. Rd.. D,:.

FA,

etc.).

Address eannot be a post offiee

box. County and Parish arc one and the same.

If the buyer is a memher of the Armed Forces on active duty acquiring a

firearm in the Stale where his

her permanent duty station is located, but

not reside at his or her permanent duty station, the buyer must lis! both

his or her permanent duty station address and his or her residence address in

response to question 2. If you are a U.S. citizen with two States of residence.

you should list your current residence address in response to question 2

i/You

buving a .firearm while sraying

your weekend home in State

should list your address in Stale .\- in response to question 2).

Question 9. Unique Personal Identificatiou Number (UPIN): For

purchasers approved to have information maintained about them in the FBI

NICS Voluntary Appeal File, NICS will provide them with a Unique Personal

ldentitieation Number, which the buyer should record in question 9. The

licensee may be asked to provide the UPIN to NICS or the State.

Question 10. Race (Ethnicitv): Anv other race or ethnieitv that docs not fall

within those indicated. please 'seleet ;he elosest

representati~n.

Question lI.a. Actual Transferee/Buyer: For purposes of this fonn. you arc

the actual transferee/buyer if you arc purchasing the fireann for yourself or

otherwise acquiring the firearm for yourself

(e.g., redeeming the firearm /rom

pawn/retrieving it Fom consignment. firearm raffle winner).

Yo~

arc

als~

the

aetnal transferee/buyer if you arc legitimately purchasing the fireanll as a gift

for a third pany. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr.

Smith asks Mr. Jones to purchase a firearm for Mr. Smifh. Mr. Smifh gives Mr.

Jones the money for the tirearm. Mr. Jones is NOT THE ACTUAL TRANS-

FEREE/BUYER of the fireanll and mnst answer "NO"

question I La. The

lkensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown

goes to buy a firearm with his own money to give to Mr. Black as a present,

Ivlr. Brown is the actual transferee/buyer of the firearm and should answer

"YES" to question ll.a. However, you may not transfer a firearm to any

person you know or have reasonable cause to believe is prohibited under 18

U.S.c.

922(g), (n), or (x). Please uote: EXCEPTION: If you are picking

up a repaired firearm(s) for another person. you are not required to answer

II .a. and may proceed to question I I. b.

Questiou ll.h. - 11.1. Defiuition of Prohihited Person: Generally, 18

U.S.c. § 922 prohibits the shipment, transportation, receipt, or possession in

or affecting interstate commerce of a firearm by one who: has becn convicted

of a misdemeanor crime of domestic violence; has been convicted of a felonv

or any other crime. punishable by imprisonment for a tenn exceeding one

y;~r

(this does not include State misdemeanors punishable by imprisonment of

two years or less);

is a fugitive from justice; is an unlawful user of. or

addicted to, marijuana or any depressant. stimulant. or narcotic drug, or any

other controllcd substance; has been adjudicated mentally defective or has

been committed to a mental institution; has been discharged from the Armed

Forces under dishonorable conditions; has renounced his or her U.S.

citizenship: is an alien illegally in the United States or a nonimmigrant alien;

or is subject to cenain restraining orders. Furthermore, section 922 prohibits

the shipment, transportation, or receipt in or affecting interstate commerce of

a firearm by one who is under indictment or infomlation for a felonv, or anv

other crime, punishable by imprisonment for a term exceeding one Ycar.

Question I1.h. lJnder Indictment or Information or Convicted in anv

Court: An indictment, information, or conviction in any Federal. State, 'or

local court. An information is a formal accusation of a crime verified by a

prosecutor.

EXCEPTION

11.c, and

1 J.i.: A person who has been convicted of a

felony. or any other crime, for which the judge could have imprisoned the

person for more than one year, or who has been convicted of a misdomeanor

crime of domestic violence,

not prohibited from purchasing. receiving. or

possessing a firearm if: (I) under the law of the jurisdiction where the

conviction occurred, the person has been pardoncd, the conviction has bcen

expunged or

aside, or the person has had thoir civil rights

(the right to vote.

sit on a jury. and hold public o(ficej

taken away and later testored AND (2)

the person is not prohibited by the law of the jurisdiction where the conviction

occurred from receiving or possessing firearms. Persons subject to this

exception should answer "no" to II.e. or II.i., as applicable.

401'6

Question I1.f. Adjudicated Mentally Defective: A determination bv a court,

board, commission, or other lawful authority that a person, as a result'of marked

subnormal intell igence, or mental illness, incompetency, condition, or disease:

(I)

is a danger to himsclf or

othcrs: or (2) lacks the mental capacity to contract

or manage his own affairs. This term shall include: (I) a finding of insanity by a

court in a criminal case; and (2) Those persons found incompetent to stand trial or

found not guilty hy reason of lack of mental responsibility.

Committed to a Mental Institution: A fi:)mlal commitment of a person to

mental institution by a court. board, commission. or othcr lawful 3nthority. The

term includes a commitment to a mental institUliun involuntarily.

tc;m

includcs commitment for mental defectiveness or mental illness. It also includes

commitments for other reasons, such as for drug usc. The term docs not include a

person in

memal institution for observation or a voluntary admission to a mental

institution. Please also refer to Question ll.e. lor the definition of a prohibited

person.

EXCEPT/ON to

1 I.

NICS Improvement Amendments Act of 2007:

A person

who has been adjudicated as a mental defective or committed to a mental

institution is not prohibited if: (I) the person was adjudicated or committed bv a

department or agency of the Federal Government. such as the Unitcd

Stat~s

Department of Veteran's Affairs ("VA") (as opposed to a State court, State board,

or other lawful State authority);

illlil

(2) either: (a) the person's adjudication or

commitment for mental incompetency was set-aside or expunged by the

adjudicating/committing agency; (h) the person has been fullv rcleased or

discharged from all mandatory treatment, supervision, or

mo~itoring

by the

agency; or (e) the person was found by the agency to no longer suffer from the

mental health condition that served as the basis of the initial adjudication.

Persons who fit this exception should answer "no" to Item l1.f. This

exception docs not apply to any person who was adjudicated to be not guilty by

reason of insanity, or based on lack of mental responsibility, or found incompe-

tent to sland trial, in any criminal case or under the Unifol!ll Code of Military

Justice.

Question 11.h. Definition of Restraining Order: Under 18 U.S.c. § 922,

fireanlts may not be sold to or received by persons subject to a court ordcr that:

(A) was issued after a hearing which the person reecived actual notice of and had

an opportunity to participate in; (B) restrains such person from harassing, stalking,

or threatening an intimate partner or child of such intimate partner or person, or

engaging in other conduct that would place an intimate partner in reasonable

fear of bodily injury to the partner or child; and (C)(i) includes a finding that

such person represents a credible threat to the physical safety of such intimate

partner or child; or (ii) by its terms explicitly prohibits the usc, attempted usc,

or threatened use of physical force against such intimate partner or child that

would reasonahly be expected

cause bodily injury. An "intimate partner" of

a person is: the spouse or fonner spouse of the person, the parent of a child of

the person. or an individual who eohabitates or eohabitating with the person.

Question I

Li.

Definition of Misdemeanor Crime of Domestic Violence: A

Federal, State, local, or tribal offense that is a misdemeanor under Federal, State,

or tribal law and has, as an clement. the usc or attempted usc of physical force, or

the threatened usc of a deadl y weapon. committed by a current or former spouse,

parent. or guardian of the victim. by a person with whom the victim shares a

child in common, hy a person who is eohabitating with, or has cohabited with

the victim as a spouse, parent, or guardian, or by a person similarly situated to

a spouse, parent, or guardian of the victim. The term includes all misdemeanors

that have as an clement the usc or attempted usc of physical force or the

threatened

of a deadly weapon

(e.g., assault and bartervj,

if the offense is

committed by ouc of the defined parties.

Exception

I I.e. and

I.i.)

person who has been convicted of a misdemeanor crime of domestic violence also

is not prohibited unless: (I) the person was represented by a lawyer or gave up

the right to a lawyer; Ot (2) if the person was entitled to a jury, was tried by a JUry,

or gave up the right to a jury trial. Persons subject to this exception shoald

answer "no" to I

I.i.

Question I Ll. "NonimmIgrant Alien": An alien in the United States in a

nonimmigrant classification. The delinition includes. among others, persons

traveling temporarily in the United Slates for business or pleasure, persons stndying

m the United States who maintain

residence abroad, and certain foreign workers.

The definition does NOT include penllanent resident aliens.

Sale of Firearms to Legal Aliens: Even if

nonimmigrant alien can establish

that he or she has a U.S.-issued alien number Ot admission numbet and has

resided in a State for at least 90 continuous days immediately prior to the date of

ATF Form 4473 15300.9) Parr I

Revised August 2008

Atf Form 4473 - Firearm Transaction Record Page 4

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