There were some not-so-recent changes to Form 4473 that I’m finally getting around to discussing. Here is an excellent summary of the changes.
My concern is questions 21.b and 21.c. Here are the actual questions from the source:
“Do you intend to purchase or acquire any firearm listed on this form and any continuation sheet(s), or ammunition, for sale or 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 alien exception?”
https://gunmagwarehouse.com/blog/atf-changes-the-4473-what-you-need-to-know/
“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?”
https://gunmagwarehouse.com/blog/atf-changes-the-4473-what-you-need-to-know/
Here is the source’s interpretation:
“Basically, line 21.b. asks whether you intend to give or sell the firearms and/or ammunition you’re buying to a prohibited person. “
https://gunmagwarehouse.com/blog/atf-changes-the-4473-what-you-need-to-know/
And for question 21.c:
“In other words, do you plan to use this firearm and/or ammunition to commit a crime, engage in terrorism, or sell drugs?”
https://gunmagwarehouse.com/blog/atf-changes-the-4473-what-you-need-to-know/
I would expand on this interpretation by adding, “Do you plan on selling or disposing the firearm to a person who intends on engaging in a crime, terrorism, or selling drugs.” In other words, you or the person you are selling/disposing are not a prohibited person YET. However, you/they are going down a criminal path where you/they will be prohibited if caught and convicted.
There is also a new note in Section C regarding age requirements, which I will cover in a bit.
I’m not a lawyer, nor did I stay at a Holiday Inn Express last night, so I don’t claim to offer any legal advice here. However, there are a couple of concerning things here.
21.b Private Sales
Many criminal organizations, such as human or drug trafficking, will hire people to transport or purchase items for illegal use. Such a person fully understands what is going on. It seems clear that these questions are to hit such people with additional criminal charges. However, a dark side to this question is also possible.
Let’s say you bought a gun from a dealer, took it home, and after a couple of weeks, you decide it isn’t for you. You run into an old friend at the store who happens to be looking for a firearm. You tell him you’ll give him a good deal on the one you have. He agrees, and you sell your firearm to him. Unfortunately, he commits a crime with that firearm a week or so later. It turns out he was not allowed to possess a firearm.
Private sales do not require a background check. However, it may be possible for the prosecution to drum up a lot of circumstantial evidence to imply that “you did know and, as such, intended.” A courtroom argument like this could be devastating.
How can you protect yourself? Well, one way is to only sell to private individuals who possess CCW permits. The next question that comes up is: “Can a verify a CCW permit online?” I asked Arizona’s CCW organization, who said there is no way to verify online. I was shocked. I felt I should be able to enter a permit # and a name and get back the permit’s status, but no such luck.
How often is a permit faked? I doubt it happens very often, but what happens if your friend faked his permit (in Arizona, the permit seems easy to fake as it must be used in conjunction with another form of identification)? You could safely say: “I confirmed he had a CCW permit and verified that name against his valid driver’s license. As such, I did not intend to sell to a prohibited person. Quite the contrary, I made extra sure I was not.” I think the prosecution would have trouble with this line of defense since you are going above and beyond the law, and there is no way to verify CCW permits online.
Alternatively, you could transfer the gun to your FFL dealer, and the FFL dealer would then sell it to your friend. That provides the most protection.
21.c Crime
A concern about this question is if you are buying a firearm because you are afraid for yourself or a loved one. Suppose an ex-boyfriend has been harassing you, and you purchase a firearm for self-defense. Unfortunately, you end up having to use the firearm to defend yourself. However, the trial starts with you being charged with aggravated assault, and you have to prove it was justified and an act of self-defense. Because a firearm was used, this is a gun crime in Arizona and has a mandatory prison sentence. Additional charges may be filed against you based on your answer to this question.
This can also happen differently: You have a CCW permit, and your 19-year-old daughter has an ex-boyfriend harassing her. She stayed with you over the weekend but must return home to a different town. You purchase a firearm for her and then give the firearm to her to defend herself. You do this step because the new age requirements will not allow her to protect herself soon enough. You feel justified because she is your daughter and has no juvenile record. Here is the text from the source:
“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 27.a.”
https://gunmagwarehouse.com/blog/atf-changes-the-4473-what-you-need-to-know/
Unfortunately, she ends up having to use the firearm to defend herself. However, the trial starts with her being charged with aggravated assault. Because a firearm was used, this is a gun crime in Arizona and has a mandatory prison sentence. Additional charges may be filed against you based on this question because you gave her the firearm. Given her age, you don’t really have a defense unless you are 100 percent sure of her juvenile record—something to keep in mind.