The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) released a draft version of its proposed new Form 4473 late last week. Some changes are sure to incite passions on both sides of the gun rights spectrum, but the agency said its goal was to streamline the ubiquitous paperwork.
The most obvious modification is eliminating “Non-Binary” as a choice for applicants under “Sex.” With only two selections remaining, this policy change would mean that all potential gun buyers must identify with their birth gender.
Current Form 4473 may confuse potential buyers regarding transfer laws
Another point of contention for Second Amendment advocates has been the wording of the current Form 4473. The form requires the applicant to indicate whether they are the transferee or buyer, raising the question of their legal authority to purchase a weapon for someone else.
There should not be a question, as buying a firearm as a gift is perfectly legal, provided the recipient is lawfully permitted to own a weapon.
The vague wording in such a document could leave a reasonable person questioning their right to transfer the weapon they purchased, even to a close family member.
Draft turns attention to actual straw purchasers and away from law-abiding citizens
The new Form 4473 would question the specific purpose of the acquisition and possible transfer. There are multiple legal options to choose from, including intending to give the gun as a gift to someone who is lawfully capable of possessing one.
Another current item, Question 21 f., is also on the chopping block. This asks if the potential purchaser intends to “sell or otherwise dispose of any firearm listed.”
Again, a clear indication to a reasonable person that everyday transfers could be illegal.
Another feature that is welcomed by most is that of medical marijuana. Because it is now legal in a large majority of states for this purpose, the new question on the common ATF form would delve only into the recreational use of cannabis.
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