The ATF Form 4473, also known as the Firearms Transaction Record, is a crucial document in every commercial firearm sale. As a Federal Firearms Licensee (FFL), ensuring its proper completion is essential for compliance with federal regulations. But when it comes to filling out the form, there can be some confusion. So, who exactly fills out the ATF 4473?
The Buyer Takes the Lead
The primary responsibility for completing the ATF Form 4473 falls on the prospective buyer. They will answer all the questions about their identity, residency, and eligibility to own a firearm. This includes details like:
- Full name
- Date of birth
- Address history
- Social Security number (optional)
- Information about restraining orders or felony convictions (which would disqualify them from purchase)
FFL Provides Assistance (But Doesn’t Take Over)
While the buyer has the primary responsibility, FFLs play a vital role in facilitating the completion of the ATF Form 4473. Here’s how you can assist your customers:
- Provide the Form: Keep a readily available stock of ATF Form 4473s (the latest revision) for customers. You can order them for free from the ATF Distribution Center.
- Offer Guidance: Be prepared to answer questions about the form and clarify any sections that might be confusing for the buyer.
- Verify Information: You, the FFL, are responsible for verifying the information provided by the buyer. This includes:
- Checking their identification (valid government-issued photo ID)
- Running a background check through the National Instant Criminal Background System (NICS)
Key Points for FFLs to Remember
- Don’t Pre-fill the Form: The buyer must personally complete the ATF Form 4473. You cannot pre-fill any sections for them.
- Maintain Accuracy: Ensure all information is entered accurately and legibly.
- Complete Your Part: As the FFL, you’ll complete specific sections of the form, including your FFL information, the type of firearm being transferred, and the results of the NICS background check.
- Sign and Maintain Records: Both you and the buyer must sign the form. You’ll then keep the original ATF Form 4473 as part of your permanent records.
Additional Considerations for FFLs
- Multiple Transfers: If there are multiple buyers for a single firearm, each buyer must complete their own separate ATF Form 4473.
- Private Transfers: The ATF Form 4473 is not required for private firearm transfers between unlicensed individuals. However, it’s crucial to be aware of your state’s laws regarding private firearm transfers, as some states may have additional requirements.
Benefits of Streamlining the ATF Form 4473 Process
By ensuring a smooth and accurate ATF Form 4473 completion process, you can:
- Reduce Errors: Clear communication and guidance can minimize mistakes on the form, preventing delays and potential compliance issues.
- Improve Customer Experience: A streamlined process creates a positive experience for your customers, fostering trust and loyalty.
- Maintain Compliance: Accurate record-keeping and adherence to ATF regulations are essential for your FFL’s continued operation.
The ATF Form 4473 is a critical component of responsible firearm sales. By understanding who fills out the form and how to facilitate its completion effectively, FFLs can ensure a smooth transaction for both themselves and their customers, all while maintaining compliance with federal regulations.
