Form 4473

A Firearms Transaction Record, or Form 4473, is a United States government form that must be filled out when a person purchases a firearm from a Federal Firearm License holder (such as a gun shop).

The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is simply denied by the NICS, although prosecutions are rare in the absence of another felony committed with the gun purchased.

The dealer also records all information from the Form 4473 into their "bound-book". A dealer must keep this on file at least 20 years and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five day period must be reported to ATF on Form 3310.4.

If a person purchases a firearm from a private individual who is not a licensed dealer, the purchaser is not required in most states to complete a Form 4473, though some states require individual sellers to sell through dealers.

These forms are given the same status as a tax return under the Privacy Act of 1974 and cannot be disclosed by the government to private parties or other government officials except in accordance with the Privacy Act. Individual dealers possessing a copy of the form are not subject to the Privacy Act's restrictions on disclosure. Dealers are required to maintain completed forms for 20 years in the case of completed sales and 5 years where the sale was denied by the NICS check coming back disapproved or other disqualifying information.

There is a part I to form 4473 which is seen by persons who buy guns and which they sign. They sign that they have read form 4473 on pain of perjury and criminal punishment for lying. Yet there is a Part II which is sort of a secret for the ATF. It cannot be downloaded from the ATF. One has to approach the ATF specially to get a Part II. Part II is for "making a disposition of a firearm to a nonlicensee who is purchasing or otherwise acquiring a firearm by other than an over-the-counter transaction and who is a resident of the State in which the licensee's business premises is located."