Lying to ATF on gun-purchase form yields few prosecutions, data shows

[sl8]

From a year ago.

https://www.washingtonpost.com/politics/2022/06/09/lying-atf-gun-purchase-form-yields-few-prosecutions-new-data-shows/

Lying to ATF on gun-purchase form yields few prosecutions, data shows

Analysis by Glenn Kessler
The Fact Checker
June 9, 2022 at 3:00 a.m. EDT

“Lying on an ATF form 4473 is a federal violation and can lead to severe penalties and jail time. Don’t lie and buy.”
— Tweet from the Houston office of the Bureau of Alcohol, Tobacco and Firearms (ATF), Sept. 8, 2021

Form 4473 — the Firearm Transaction Record — is a six-page document that must be filled out whenever someone buys a firearm from a licensed firearm dealer.

The form asks questions including whether the person buying the gun is a felon, whether the person is a fugitive from justice or convicted of domestic abuse, whether the person is addicted to drugs and whether the person is the actual buyer of the firearm.

This tweet by ATF’s Houston office led a swarm of Twitter users to ask why the bureau didn’t charge Hunter Biden, the president’s son, for allegedly lying on Form 4473 when he purchased a handgun in October 2018. The controversy prompted us to request statistics from the Justice Department to determine whether someone falsely filling out the form faced much of a risk of prosecution.

It took months to obtain the data. The answer, it turns out, is no.

[...]

[MarineCombatEngineer]

1. 6 page document?

The last time I bought a firearm, about a year ago, it was a single page document.

[sl8]

2. The one in the article has a revision date of 2022.

Most of the the pages are instructions, though.

The one you posted (revised in 2012) says it's page 1 of 6.

I think the last one I filled out required entries on 2 pages (front & back), but I don't remember how many pages of instructions there were.

[70sEraVet]

4. Interesting; NO questions about alcoholism or alcohol abuse, and the question about drugs asks...

about UNLAWFUL use (so in states that have legal use of marijuana, answer is 'No'). And as for the question of addiction, that's rather subjective, isnt it?

[HeartachesNhangovers]

6. Sorry, that's not the way the BATFE sees it. It's a federal form about federal regulations

so state and local laws are irrelevant.

And there are no questions about alcohol because alcohol use and/or addiction aren't federal crimes.

[sl8]

7. Regarding marijuana use, it's illegal federally, which is what the ATF goes by.

Last edited Wed Jun 21, 2023, 05:03 AM - Edit history (2)

The ATF has issued specific guidance regarding marijuana use in states that have eliminated their marijuana laws - they say that doesn't matter.

There's been some noise about removing that that part from the 4473 form, but it hasn't happened yet.

On edit:
The current 4473 form includes a blurb regarding state marijuana laws:

g. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized

[former9thward]

13. The question of addiction is not subjective when you confess to it in your book.

Which Hunter Biden did in his book Beautiful Things which covered the time period when he got the gun.

[NickB79]

10. All the gun stores here use an iPad

I haven't seen an actual paper 4473 in years.

[HeartachesNhangovers]

3. Falsifying 4473's should be prosecuted. It would deter straw purchases where

someone buys guns for convicted felons, like violent gang members. It would also deter drug addicts who just feel like buying a gun.

[Silent Type]

5. Totally agree. I'm fine with H Biden plea deal, but this should lead to

tough prosecution in future. In Biden’s case, he bought a 38 Special revolver, not something likely to be used in terrorist activity. But still, what’s the use of having laws and background checks if they aren’t going to be used?

[bottomofthehill]

8. Sad thing is most can pass this background check and buy a gun

Hunter has a less than honorable discharge from the Navy for drug use. He is a Yale educated lawyer. This is not a very complicated form. How does one prosecute a 19 year old shit kicker idiot if not Hunter?

[Silent Type]

9. To be fair, the 19 year old would probably get a plea deal in similar circumstances,

especially if an otherwise clean record.

[bottomofthehill]

12. Agreed, but again, he is an officer of the court

With other pending charges, non-violent but other charges.

[Silent Type]

14. I do not excuse his actions. While it's a minor issue compared to trump family

and most GOPers, I’d prefer our leaders without such baggage. In any event, I’m backing Biden in 2024. Hopefully, this will be behind us.

[bottomofthehill]

15. Totally agree with you this is a drop in the bucket

Compared to the BS of the Trump Administration. Hunter needs to grow up, shut up, and make his fathers life a little easier. The President is an amazing man who stands by his son, I just with Hunter would cut the shit and grow up.

[NickB79]

11. In a perfect world, we'd hire 50,000 new ATF agents

And investigate every one of the 300,000 people who are denied by the background check system annually. We could put tens of thousands of gun felons in prison where they belong.

Because we all know that those guys denied legal guns just went out and found them elsewhere illegally.

https://www.cnbc.com/2021/06/22/background-checks-blocked-a-record-high-300000-gun-sales.html

I hate to parrot an NRA talking point, but in this case it's accurate: let's enforce the gun laws we already have.