Form ATF F 4473 (5300.9 ATF F 4473 (5300.9 Firearms Transaction Record Part I - Over-the-Counter

OMB No. 1140-0020

U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives

Firearms Transaction Record

WARNING: You may not receive a firearm if prohibited by Federal or State law. The information you provide will be used to
determine whether you are prohibited from receiving a firearm. Certain violations of the Gun Control Act, 18 U.S.C. 921
et. seq., are punishable by up to 10 years imprisonment and/or up to a $250,000 fine.

Transferor’s/Seller’s
Transaction Serial
Number (If any)

Read the Notices, Instructions, and Definitions on this form. Prepare in original only at the licensed premises (“licensed premises”
includes business temporarily conducted from a qualifying gun show or event in the same State in which the licensed premises is
located) unless the transaction qualifies under 18 U.S.C. 922(c). All entries must be handwritten in ink. “PLEASE PRINT.”
Section A - Must Be Completed Personally By Transferee/Buyer
1. Transferee’s/Buyer’s Full Name (If legal name contains an initial only, record “IO” after the initial. If no middle initial or name, record ”NMN”.)
Last Name (Including suffix (e.g., Jr, Sr, II, III))
First Name
Middle Name
2. Current State of Residence and Address (U.S. Postal abbreviations are acceptable. Cannot be a post office box.)
Number and Street Address
City
County
3. Place of Birth
U.S. City and State

-OR-

4. Height
Foreign Country

Ft.

In.
8. Social Security Number (Optional, but will help prevent misidentification)
10.a. Ethnicity

5. Weight
(Lbs.)

6. Sex
Male

State

7. Birth Date
Month
Day

ZIP Code

Year

Female
9. Unique Personal Identification Number (UPIN) if applicable (See
Instructions for Question 9.)

10.b. Race (In addition to ethnicity, select one or more race in 10.b. Both 10.a. and 10.b. must be answered.)

Hispanic or Latino

American Indian or Alaska Native

Black or African American

Not Hispanic or Latino

Asian

Native Hawaiian or Other Pacific Islander

White

11. Answer the following questions by checking or marking “yes” or “no” in the boxes to the right of the questions.
a. Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual transferee/buyer if you
are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer
the firearm(s) to you. Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a.
and may proceed to question 11.b. (See Instructions for Question 11.a.)

Yes No

b. Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for
more than one year? (See Instructions for Question 11.b.)
c. Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more
than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)
d. Are you a fugitive from justice? (See Instructions for Question 11.d.)
e. 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 for medicinal or recreational purposes in the state where you reside.
f. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution? (See Instructions
for Question 11.f.)
g. Have you been discharged from the Armed Forces under dishonorable conditions?
h. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of
such partner? (See Instructions for Question 11.h.)
i. Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See Instructions for Question 11.i.)
12.a. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.)
United States of America (U.S.A)

Other Country/Countries (Specify):

12.b.

Have you ever renounced your United States citizenship?

12.c.

Are you an alien illegally or unlawfully in the United States?

Yes No

12.d.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa? (See Instructions for Question 12.d.)
12.d.2. If “yes”, do you fall within any of the exceptions stated in the instructions?

N/A

13. If you are an alien, record your U.S.-Issued Alien or Admission number (AR#, USCIS#, or I94#):
Previous Editions Are Obsolete

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Transferee/Buyer Continue to Next Page
STAPLE IF PAGES BECOME SEPARATED

ATF Form 4473 (5300.9)
Revised ( )

I certify that my answers in Section A are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form
4473. I understand that answering “yes” to question 11.a. if I am not the actual transferee/buyer is a crime punishable as a felony under Federal law, and
may also violate State and/or local law. I understand that a person who answers “yes” to any of the questions 11.b. through 11.i and/or 12.b. through 12.c.
is prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 12.d.1. is prohibited from receiving or
possessing a firearm, unless the person answers “yes” to question 12.d.2. and provides the documentation required in 18.c. I also understand that making
any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a
felony under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of
resale for livelihood and profit without a Federal firearms license is a violation of Federal law. (See Instructions for Question 14.)
14. Transferee’s/Buyer’s Signature
15. Certification Date
Section B - Must Be Completed By Transferor/Seller
16. Type of firearm(s) to be transferred (check or mark all that apply):
17. If transfer is at a qualifying gun show or event:
Handgun

Long Gun
(rifles or
shotguns)

Other Firearm (frame, receiver, etc.
See Instructions for Question 16.)

Name of Function:
City, State:

18.a. Identification (e.g., Virginia Driver’s license (VA DL) or other valid government-issued photo identification.) (See Instructions for Question 18.a.)
Number on Identification
Expiration Date of Identification (if any)
Issuing Authority and Type of Identification
Year
Month
Day
18.b. Supplemental Government Issued Documentation (if identification document does not show current residence address) (See Instructions for

Question 18.b.)
18.c. Exception to the Nonimmigrant Alien Prohibition: If the transferee/buyer answered “YES” to 12.d.2. the transferor/seller must record the type of

documentation showing the exception to the prohibition and attach a copy to this ATF Form 4473. (See Instructions for Question 18.c.)
Questions 19, 20, or 21 Must Be Completed Prior To The Transfer Of The Firearm(s) (See Instructions for Questions 19, 20 and 21.)
19.a. Date the transferee’s/buyer’s identifying information in Section A was 19.b. The NICS or State transaction number (if provided) was:

transmitted to NICS or the appropriate State agency:
Month

Day

Year

19.c. The response initially (first) provided by NICS or the appropriate State 19.d. The following response(s) was/were later received from NICS or the

agency was:

appropriate State agency:
Overturned
Proceed
(date)
Delayed
Proceed
[The firearm(s) may be transferred on

Denied
Denied
(date)
if State law permits (optional)]
Cancelled
Cancelled
(date)
No response was provided within 3 business days.
19.e. (Complete if applicable.) After the firearm was transferred, the following response was received from NICS or the appropriate State agency on:
Cancelled
Denied
Proceed
(date).
19.f. The name and Brady identification number of the NICS examiner. (Optional) 19.g. Name of FFL Employee Completing NICS check. (Optional)
(name)
(number)
20.
No NICS check was required because a background check was completed during the NFA approval process on the individual who will receive

the NFA firearm(s), as reflected on the approved NFA application. (See Instructions for Question 20.)
21.
No NICS check was required because the transferee/buyer has a valid permit from the State where the transfer is to take place, which qualifies

as an exemption to NICS. (See Instructions for Question 21.)
Permit Number (if any)
Date of Issuance (if any)
Expiration Date (if any)
Issuing State and Permit Type
Section C - Must Be Completed Personally By Transferee/Buyer
If the transfer of the firearm(s) takes place on a different day from the date that the transferee/buyer signed Section A, the transferee/buyer must complete
Section C immediately prior to the transfer of the firearm(s). (See Instructions for Question 22 and 23.)
I certify that my answers to the questions in Section A of this form are still true, correct, and complete.
22. Transferee’s/Buyer’s Signature
23. Recertification Date
Transferor/Seller Continue to Next Page
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ATF Form 4473 (5300.9)
Revised ( )

Section D - Must Be Completed By Transferor /Seller Even If The Firearm(s) is Not Transferred
24.
Manufacturer and Importer (If any) (If the
manufacturer and importer are different,
the FFL must include both.)

25.
Model
(If Designated)

26.
Serial Number

27.
Type (See Instructions
for Question 27.)

28.
Caliber or
Gauge

1.
2.
3.
4.
REMINDER - By the Close of Business Complete ATF Form 3310.4 For Multiple Purchases of Handguns Within 5 Consecutive Business Days
29. Total Number of Firearms Transferred (Please handwrite by printing e.g., zero, 30. Check if any part of this transaction is a pawn redemption.
one, two, three, etc. Do not use numerals.)
Line Number(s) From Question 24 Above:
31. For Use by Licensee (See Instructions for Question 31.)

32. Check if this transaction is to facilitate a private party transfer.
(See Instructions for Question 32.)

33. Trade/corporate name and address of transferor/seller and Federal Firearm License Number (Must contain at least first three and last five digits

of FFL Number X-XX-XXXXX.) (Hand stamp may be used.)

The Person Transferring The Firearm(s) Must Complete Questions 34-37.
For Denied/Cancelled Transactions, the Person Who Completed Section B Must Complete Questions 34-36.
I certify that: (1) I have read and understand the Notices, Instructions, and Definitions on this ATF Form 4473; (2) the information recorded in Sections B and D is
true, correct, and complete; and (3) this entire transaction record has been completed at my licensed business premises (“licensed premises” includes business
temporarily conducted from a qualifying gun show or event in the same State in which the licensed premises is located) unless this transaction has met the
requirements of 18 U.S.C. 922(c). Unless this transaction has been denied or cancelled, I further certify on the basis of — (1) the transferee’s/buyer’s responses in
Section A (and Section C, if applicable); (2) my verification of the identification recorded in question 18 (and my re-verification at the time of transfer, if Section C
was completed); and (3) State or local law applicable to the firearms business — it is my belief that it is not unlawful for me to sell, deliver, transport, or otherwise
dispose of the firearm(s) listed on this form to the person identified in Section A.
36. Transferor’s/Seller’s Title
34. Transferor’s/Seller’s Name (Please print) 35. Transferor’s/Seller’s Signature
37. Date Transferred

NOTICES, INSTRUCTIONS, AND DEFINITIONS
Purpose of the Form: The information and certification on this form are
designed so that a person licensed under 18 U.S.C. 923 may determine if he/she
may lawfully sell or deliver a firearm to the person identified in Section A, and
to alert the transferee/buyer of certain restrictions on the receipt and possession
of firearms. The transferor/seller of a firearm must determine the lawfulness of
the transaction and maintain proper records of the transaction. Consequently, the
transferor/seller must be familiar with the provisions of 18 U.S.C. 921-931 and
the regulations in 27 CFR Parts 478 and 479. In determining the lawfulness of
the sale or delivery of a rifle or shotgun to a resident of another State, the
transferor/seller is presumed to know the applicable State laws and published
ordinances in both the transferor’s/seller’s State and the transferee’s/buyer’s
State. (See ATF Publication 5300.5, State Laws and Published Ordinances.)
Generally, ATF Form 4473 must be completed at the licensed business premises
when a firearm is transferred over-the-counter. Federal law, 18 U.S.C. 922(c),
allows a licensed importer, manufacturer, or dealer to sell a firearm to a nonlicensee who does not appear in person at the licensee’s business premises only
if the transferee/buyer meets certain requirements. These requirements are set
forth in section 922(c), 27 CFR 478.96(b), and ATF Procedure 2013-2.
After the transferor/seller has completed the firearms transaction, he/she must
make the completed, original ATF Form 4473 (which includes the Notices, General Instructions, and Definitions), and any supporting documents, part of his/her
permanent records. Such Forms 4473 must be retained for at least 20 years and
after that period may be submitted to ATF. Filing may be chronological (by date
of disposition), alphabetical (by name of purchaser), or numerical (by transaction serial number), as long as all of the transferor’s/seller’s completed Forms
4473 are filed in the same manner.

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FORMS 4473 FOR DENIED/CANCELLED TRANSFERS MUST BE RETAINED:
If the transfer of a firearm is denied/cancelled by NICS, or if for any other reason
the transfer is not completed after a NICS check is initiated, the licensee must retain
the ATF Form 4473 in his/her records for at least 5 years. Forms 4473 with respect
to which a sale, delivery, or transfer did not take place shall be separately retained
in alphabetical (by name of transferee) or chronological (by date of transferee’s
certification) order.
If the transferor/seller or the transferee/buyer discovers that an ATF Form 4473 is
incomplete or improperly completed after the firearm has been transferred, and the
transferor/seller or the transferee/buyer wishes to correct the omission(s) or
error(s), photocopy the inaccurate form and make any necessary additions or
revisions to the photocopy. The transferor/seller should only make changes to
Sections B and D. The transferee/buyer should only make changes to Section A and
C. Whoever made the changes should initial and date the changes. The corrected
photocopy should be attached to the original Form 4473 and retained as part of the
transferor’s/seller’s permanent records.
Exportation of Firearms: The State or Commerce Departments may require a
firearms exporter to obtain a license prior to export. Warning: Any person who exports a firearm without proper authorization may be fined not more than $1,000,000
and/or imprisoned for not more than 20 years. See 22 U.S.C. 2778(c).
Section A
The transferee/buyer must personally complete Section A of this form and certify
(sign) that the answers are true, correct, and complete. However, if the transferee/
buyer is unable to read and/or write, the answers (other than the signature) may be
completed by another person, excluding the transferor/seller. Two persons (other
than the transferor/seller) must then sign as witnesses to the transferee’s/buyer’s
answers and signature/certification in question 14.
ATF Form 4473 (5300.9)
Revised ( )

When the transferee/buyer of a firearm is a corporation, company, association,
partnership, or other such business entity, an officer authorized to act on behalf
of the business must complete Section A of the form with his/her personal
information, sign Section A, and attach a written statement, executed under
penalties of perjury, stating: (A) the firearm is being acquired for the use of and
will be the property of that business entity; and (B) the name and address of that
business entity.
Question 1. If the transferee’s/buyer’s name in question 1 is illegible, the transforer/seller must print the transferee’s/buyer’s name above the name written by
the transferee/buyer.
Question 2. Current Residence Address: A rural route (RR) may be accepted
provided the transferee/buyer lives in a State or locality where it is considered a
legal residence address. County and Parish are one and the same.
If the transferee/buyer is a member of the Armed Forces on active duty, his/her
State of residence is the State in which his/her permanent duty station is located.
If the service member is acquiring a firearm in a State where his/her permanent
duty station is located, but resides in a different State, the transferee/buyer must
list both his/her permanent duty station address and his/her residence address in
response to question 2. If the transferee/buyer has two States of residence, the
transferee/buyer should list his/her current residence address in response to
question 2 (e.g., if the transferee/buyer is purchasing a firearm while staying
at his/her weekend home in State X, he/she should list the address in State X in
response to question 2).
Question 9. Unique Personal Identification Number (UPIN): For transferees/
buyers approved to have information maintained about them in the FBI NICS
Voluntary Appeal File, NICS will provide them with a UPIN, which the transferee/buyer should record in question 9. The licensee should provide the UPIN
when conducting background checks through the NICS or the State POC.
Question 10.a. and 10.b. Federal regulations (27 CFR 478.124(c)(1)) require
licensees to obtain the race of the transferee/buyer. This information helps the
FBI and/or State POC make or rule out potential matches during the background
check process and can assist with criminal investigations. Pursuant to Office of
Management and Budget (OMB), effective January 1, 2003, all Federal agencies
requiring collection of race and ethnicity information on administrative forms
and records, were required to collect this information in a standard format. (See
62 FR 58782) The standard OMB format consists of two categories for data on
ethnicity: “Hispanic or Latino,” and “Not Hispanic or Latino” and five categories
for data on race: American Indian or Alaska Native, Asian, Black or African
American, Native Hawaiian or Other Pacific Islander, and White.
Ethnicity refers to a person’s heritage. Persons of Cuban, Mexican, Puerto
Rican, South or Central American, or other Spanish culture or origin, regardless
of race, are considered Hispanic or Latino.
Race - one or more of the following responses must be selected: (1) American
Indian or Alaska Native - A person having origins in any of the original peoples
of North and South America (including Central America), and who maintains a
tribal affiliation or community attachment; (2) Asian - A person having origins
in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea,
Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam; (3) Black or
African American - A person having origins in any of the Black racial groups of
Africa; (4) Native Hawaiian or Other Pacific Islander - A person having origins
in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands;
and (5) White - A person having origins in any of the original peoples of Europe,
the Middle East, or North Africa. Any other race or ethnicity that does not fall
within those indicated, please select the closest representation.
Question 11.a. Actual Transferee/Buyer: For purposes of this form, a person
is the actual transferee/buyer if he/she is purchasing the firearm for him/herself
or otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm
from pawn, retrieving it from consignment, firearm raffle winner). A person is
also the actual transferee/buyer if he/she is legitimately purchasing the firearm as
a bona fide gift for a third party. A gift is not bona fide if another person offered
or gave the person completing this form money, service(s), or item(s) of value to
acquire the firearm for him/her, or if the other person is prohibited by law from
receiving or possessing the firearm.
ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones
to purchase a firearm for Mr. Smith (who may or may not be prohibited). Mr.
Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE

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ACTUAL TRANSFEREE/BUYER of the firearm and must answer “NO” to
question 11.a. The licensee may not transfer the firearm to Mr. Jones. However,
if Mr. Brown buys the firearm with his own money to give to Mr. Black as a gift
(with no service or tangible thing of value provided by Mr. Black), Mr. Brown is the
actual transferee/buyer of the firearm and should answer “YES” to question 11.a.
However, the transferor/seller may not transfer a firearm to any person he/she knows
or has reasonable cause to believe is prohibited under 18 U.S.C. 922(g), (n) or (x).
EXCEPTION: If a person is picking up a repaired firearm(s) for another person,
he/she is not required to answer 11.a. and may proceed to question 11.b.
Question 11.b. - 12. Generally, 18 U.S.C. 922(g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one
who: has been convicted of a felony in any Federal, State or local court, or any
other crime, punishable by imprisonment for a term exceeding one year (this does
not include State misdemeanors punishable by imprisonment of two years or less);
is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any
depressant, stimulant, or narcotic drug, or any other controlled substance; has been
adjudicated as a mental defective or has been committed to a mental institution; has
been discharged from the Armed Forces under dishonorable conditions; is subject to
certain restraining orders; convicted of a misdemeanor crime of domestic violence
under Federal, State or Tribal law; has renounced his/her U.S. citizenship; is an alien
illegally in the United States or an alien admitted to the United States under a nonimmigrant visa. Furthermore, section 922(n) prohibits the shipment, transportation, or
receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any Federal, State or local court, or any other
crime, punishable by imprisonment for a term exceeding one year. An information is
a formal accusation of a crime verified by a prosecutor.
A member of the Armed Forces must answer “yes” to 11.b. or 11.c. if charged with
an offense that was either referred to a General Court Martial, or at which the member was convicted. Discharged “under dishonorable conditions” means separation
from the Armed Forces resulting from a dishonorable discharge or dismissal adjudged by a General Court-Martial. That term does not include any other discharge
or separation from the Armed Forces.
EXCEPTION: A person who has been convicted of a felony, or any other crime, for
which the judge could have imprisoned the person for more than one year, or who
has been convicted of a misdemeanor crime of domestic violence, is not prohibited
from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction
has been expunged or set aside, or the person has had their civil rights (the right to
vote, sit on a jury, and hold public office) taken away and later restored, AND (2) the
person is not prohibited by the law of the jurisdiction where the conviction occurred
from receiving or possessing firearms. Persons subject to this exception, or who
receive relief from disabilities under 18 U.S.C. 925(c), should answer “no” to the
applicable question.
Question 11.d. Fugitive from Justice: Any person who has fled from any State
to avoid prosecution for a felony or a misdemeanor; or any person who leaves the
State to avoid giving testimony in any criminal proceeding. The term also includes
any person who knows that misdemeanor or felony charges are pending against such
person and who leaves the State of prosecution.
Question 11.f. Adjudicated as a Mental Defective: A determination by a court,
board, commission, or other lawful authority that a person, as a result of marked
subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is
a danger to himself or to others; or (2) lacks the mental capacity to contract or manage his own affairs. This term shall include: (1) a finding of insanity by a court in
a criminal case; and (2) those persons found incompetent to stand trial or found not
guilty by reason of lack of mental responsibility.
Committed to a Mental Institution: A formal commitment of a person to a mental
institution by a court, board, commission, or other lawful authority. The term
includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for
other reasons, such as for drug use. The term does not include a person in a mental
institution for observation or a voluntary admission to a mental institution.
EXCEPTION: Under the NICS Improvement Amendments Act of 2007, a person
who has been adjudicated as a mental defective or committed to a mental institution
in a State proceeding is not prohibited by the adjudication or commitment if

ATF Form 4473 (5300.9)
Revised ( )

the person has been granted relief by the adjudicating/committing State pursuant
to a qualifying mental health relief from disabilities program. Also, a person
who has been adjudicated as a mental defective or committed to a mental institution by a department or agency of Federal Government is not prohibited by the
adjudication or commitment if either: (a) the person’s adjudication or commitment was set-aside or expunged by the adjudicating/committing agency; (b) the
person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; (c) the person was found by the agency
to no longer suffer from the mental health condition that served as the basis of
the initial adjudication/commitment; or (d) the adjudication or commitment,
respectively, is based solely on a medical finding of disability, without an opportunity for a hearing by a court, board, commission, or other lawful authority, and
the person has not been adjudicated as a mental defective consistent with section
922(g)(4) of title 18, United States Code; (e) the person was granted relief from
the adjudicating/committing agency pursuant to a qualified mental health relief
from disabilities program. Persons who fall within one of the above exceptions should answer “no” to question 11.f. This exception to an adjudication
or commitment by a Federal department or agency does not apply to any person
who was adjudicated to be not guilty by reason of insanity, or based on lack of
mental responsibility, or found incompetent to stand trial, in any criminal case or
under the Uniform Code of Military Justice.
Question 11.h. Qualifying Restraining Orders: Under 18 U.S.C. 922, firearms
may not be sold to or received by persons subject to a court order that: (A) was
issued after a hearing which the person received actual notice of and had an
opportunity to participate in; (B) restrains such person from harassing, stalking,
or threatening an intimate partner or child of such intimate partner or person,
or engaging in other conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child; and (C)(i) includes a finding that
such person represents a credible threat to the physical safety of such intimate
partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that would
reasonably be expected to cause bodily injury. An “intimate partner” of a person
is: the spouse or former spouse of the person, the parent of a child of the person,
or an individual who cohabitates or has cohabitated with the person.
Question 11.i. Misdemeanor Crime of Domestic Violence: A Federal, State,
local, or tribal offense that is a misdemeanor under Federal, State, or tribal law
and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent,
or guardian of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabitating with, or has cohabited with the victim
as a spouse, parent, or guardian, or by a person similarly situated to a spouse,
parent, or guardian of the victim. The term includes all misdemeanors that have
as an element the use or attempted use of physical force or the threatened use of
a deadly weapon (e.g., assault and battery), if the offense is committed by one of
the defined parties. (See Exception to 11.b. - 12.) A person who has been convicted of a misdemeanor crime of domestic violence also is not prohibited unless: (1) the person was represented by a lawyer or gave up the right to a lawyer;
or (2) if the person was entitled to a jury, was tried by a jury, or gave up the right
to a jury trial. Persons subject to this exception should answer “no” to 11.i.
Question 12.d. Immigration Status: An alien admitted to the United States
under a nonimmigrant visa includes, among others, persons visiting the United
States temporarily for business or pleasure, persons studying in the United States
who maintain a residence abroad, and certain temporary foreign workers. These
aliens must answer “yes” to this question and provide the additional documentation required under question 18.c. Permanent resident aliens and aliens legally
admitted to the United States pursuant to either the Visa Waiver Program or to
regulations otherwise exempting them from visa requirements may answer “no”
to this question and are not required to submit the additional documentation
under question 18.c.
Question 13. U.S.-issued Alien Number or Admission Number: U.S.-issued
alien and admission numbers may be found on the following U.S. Department of
Homeland Security documents: Legal Resident Card or Employment Authorization Card (AR# or USCIS#); Arrival/Departure Record, Form I94, or Form 797A
(I94#). Additional information can be obtained from www.cbp.gov. If you are a
U.S. citizen or U.S. national then this question should be left blank.
Question 14. Under 18 U.S.C. 922(a)(1), it is unlawful for a person to engage
in the business of dealing in firearms without a license. A person is engaged in
the business of dealing in firearms if he/she devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with the principal

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objective of livelihood and profit through the repetitive purchase and resale of
firearms. A license is not required of a person who only makes occasional sales,
exchanges, or purchases of firearms for the enhancement of a personal collection or
for a hobby, or who sells all or part of his/her personal collection of firearms.
Section B
Question 16. Type of Firearm(s): “Other” refers to frames, receivers and other
firearms that are neither handguns nor long guns (rifles or shotguns), such as firearms
having a pistol grip that expel a shotgun shell, or National Firearms Act (NFA)
firearms, including silencers.
If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still
a frame or receiver not a handgun or long gun. However, frames and receivers are
still “firearms” by definition, and subject to the same GCA limitations as any other
firearms. See Section 921(a)(3)(B). Section 922(b)(1) makes it unlawful for a
licensee to sell any firearm other than a shotgun or rifle to any person under the age
of 21. Since a frame or receiver for a firearm, to include one that can only be made
into a long gun, is a “firearm other than a shotgun or rifle,” it cannot be transferred
to anyone under the age of 21, nor can these firearms be transferred to anyone who is
not a resident of the State where the transfer is to take place. Also, note that multiple
sales forms are not required for frames or receivers of any firearms, or pistol grip
shotguns, since they are not “pistols or revolvers” under Section 923(g)(3)(A).
Question 17. Qualifying Gun Show or Event: As defined in 27 CFR 478.100, a
gun show or event is a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms,
or an organization or association that sponsors functions devoted to the collection,
competitive use, or other sporting use of firearms in the community.
Question 18.a. Identification: Before a licensee may sell or deliver a firearm to a
nonlicensee, the licensee must establish the identity, place of residence, and age of
the transferee/buyer. The transferee/buyer must provide a valid government-issued
photo identification document to the transferor/seller that contains the transferee’s/
buyer’s name, residence address, and date of birth. A driver’s license or an identification card issued by a State in place of a license is acceptable. Social Security
cards are not acceptable because no address, date of birth, or photograph is shown on
the cards. A combination of government-issued documents may be provided. See
instructions for question 18.b. Supplemental Documentation.
If the transferee/buyer is a member of the Armed Forces on active duty acquiring a
firearm in the State where his/her permanent duty station is located, but he/she has a
driver’s license from another State, the transferor/seller should list the transferee’s/
buyer’s military identification card and official orders showing where his/her permanent duty station is located in response to question 18.a. Licensees may accept
electronic PCS orders to establish residency.
Question 18.b. Supplemental Documentation: Licensees may accept a combination of valid government-issued documents to satisfy the identification document
requirements of the law. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of transferee/buyer
may be supplemented by another valid, government-issued document showing the
transferee’s/buyer’s residence address. This supplemental documentation should
be recorded in question 18.b., with the issuing authority and type of identification
presented. For example, if the transferee/buyer has two States of residence and is
trying to buy a handgun in State X, he may provide a driver’s license (showing his
name, date of birth, and photograph) issued by State Y and another governmentissued document (such as a tax document) from State X showing his residence
address. A valid electronic document from a government website may be used as
supplemental documentation provided it contains the transferee’s/buyer’s name and
current residence address.
Question 18.c. Exceptions to the Nonimmigrant Alien Prohibition and Acceptable Documentation: An alien admitted to the United States under a nonimmigrant
visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien:
(1) is in possession of a hunting license or permit lawfully issued by the Federal
Government, a State or local government, or an Indian tribe federally recognized
by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to
the United States for lawful hunting or sporting purposes; (3) has received a waiver
from the prohibition from the Attorney General of the United States; (4) is an official
representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its
ATF Form 4473 (5300.9)
Revised ( )

headquarters in the United States; (5) is an official representative of a foreign
government who is en route to or from another country to which that alien is
accredited; (6) is an official of a foreign government or a distinguished foreign
visitor who has been so designated by the Department of State; or (7) is a foreign
law enforcement officer of a friendly foreign government entering the United
States on official law enforcement business.
Question 19. NICS BACKGROUND CHECKS: 18 U.S.C. 922(t) requires
that prior to transferring any firearm to an unlicensed person, a licensed importer,
manufacturer, or dealer must first contact the National Instant Criminal Background Check System (NICS). NICS will advise the licensee whether the system
finds any information that the purchaser is prohibited by law from possessing or
receiving a firearm. For purposes of this form, contacts to NICS include State
agencies designated as points-of-contact (“or POCs”) to conduct NICS checks
for the Federal Government.
The licensee should NOT contact NICS and must stop the transaction if there is
reasonable cause to believe that the transferee/buyer is prohibited from receiving or possessing a firearm, including if: the transferee/buyer answers “no” to
question 11.a.; the transferee/buyer answers “yes” to any question in 11.b. - 11.i.
or 12.b. - 12.c.; the transferee/buyer has answered “yes” to question 12.d.l., and
answered “no” to question 12.d.2.; or the transferee/buyer cannot provide the
documentation required by questions 18.a, b, or c. WARNING: Any person
who transfers a firearm to any person he/she knows or has reasonable cause to
believe is prohibited from receiving or possessing a firearm violates the law, even
if the transferor/seller has complied with the Federal background check
requirements.
At the time that NICS is contacted, the licensee must record in question 19.a. 19.c.: the date of contact, the NICS (or State) transaction number, and the initial
(first) response provided by NICS or the State. The licensee may record the
date the firearms may be transferred to the transferee/buyer (also known as the
Missing Disposition Information (MDI) date) in 19.c. that NICS provides for
delayed transactions (States may not provide this date). If the licensee receives
any subsequent response(s) before transferring the firearm, the licensee must
record in question 19.d. any response later provided by NICS or the State, or that
no response was provided within 3 business days. If the transaction was denied
and later overturned in addition to checking the “Proceed” and entering the date,
the licensee must also check the “Overturned” box and, if provided, attach the
overturn certificate issued by NICS or the State POC to the ATF Form 4473. If
the licensee receives a response from NICS or the State after the firearm has been
transferred, he/she must record this information in question 19.e. Note: States
acting as points of contact for NICS checks may use terms other than “proceed,”
“delayed,” “cancelled,” or “denied.” In such cases, the licensee should check
the box that corresponds to the State’s response. Some States may not provide
a transaction number for denials. However, if a firearm is transferred within the
three business day period, a transaction number is required.
NICS Responses: If NICS provides a “proceed” response, the transaction may
proceed. If NICS provides a “cancelled” or “denied” response, the transferor/
seller is prohibited from transferring the firearm to the transferee/buyer. If NICS
provides a “delayed” response, the transferor/seller is prohibited from transferring the firearm unless 3 business days have elapsed and, before the transfer,
NICS or the State has not advised the transferor/seller that the transferee’s/
buyer’s receipt or possession of the firearm would be in violation of law. (See 27
CFR 478.102(a) for an example of how to calculate 3 business days.) If NICS
provides a “delayed” response, NICS also will provide a Missing Disposition
Information (MDI) date that calculates the 3 business days and reflects when the
firearm(s) can be transferred under Federal law. States may not provide an MDI
date. State law may impose a waiting period on transferring firearms.
Questions 20 and 21. NICS EXCEPTIONS: A NICS check is not required if
the transfer qualifies for any of the exceptions in 27 CFR 478.102(d). Generally
these include: (a) transfers of National Firearms Act firearms to an individual
who has undergone a background check during the NFA approval process; (b)
transfers where the transferee/buyer has presented the licensee with a permit or
license that allows the transferee/buyer to possess, acquire, or carry a firearm,
and the permit has been recognized by ATF as a valid alternative to the NICS
check requirement; or (c) transfers certified by ATF as exempt because compliance with the NICS check requirements is impracticable. If the transfer qualifies
for one of these exceptions, the licensee must obtain the documentation required
by 27 CFR 478.131. A firearm must not be transferred to any transferee/buyer
who fails to provide such documentation.

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A NICS check must be conducted if an NFA firearm has been approved for transfer
to a trust, or to a legal entity such as a corporation, and no background check was
conducted as part of the NFA approval process on the individual who will receive
the firearm. Individuals who have undergone a background check during the NFA
application process are listed on the approved NFA transfer form.
Section C
Questions 22 and 23. Transfer on a Different Day and Recertification: If the
transfer takes place on a different day from the date that the transferee/buyer signed
Section A, the licensee must again check the photo identification of the transferee/
buyer at the time of transfer.
Section D
Question 24-28. Firearm(s) Description: These blocks must be completed with
the firearm(s) information. Firearms manufactured after 1968 by Federal firearms
licensees should all be marked with a serial number. Should you acquire a firearm
that is legally not marked with a serial number (i.e. pre-1968); you may answer
question 26 with “NSN” (No Serial Number), “N/A” or “None.”
If more than four firearms are involved in a transaction, the information required by
Section D, questions 24-28, must be provided for the additional firearms on a separate
sheet of paper, which must be attached to this ATF Form 4473.
Types of firearms include, but are not limited to: pistol, revolver, rifle, shotgun,
receiver, frame and other firearms that are neither handguns nor long guns (rifles
or shotguns), such as firearms having a pistol grip that expel a shotgun shell (pistol
grip firearm) or NFA firearms (machinegun, silencer, short-barreled shotgun, shortbarreled rifle, destructive device or “any other weapon”).
Additional firearms purchases by the same transferee/buyer may not be added to the
form after the transferor/seller has signed and dated it. A transferee/buyer who wishes
to acquire additional firearms after the transferor/seller has signed and dated the form
must complete a new ATF Form 4473 and undergo a new NICS check.
Question 31. This item is for the licensee’s use in recording any information he/she
finds necessary to conduct business.
Question 32. Check this box, or write “Private Party Transfer” in question 31, if the
licensee is facilitating the sale or transfer of a firearm between private unlicensed individuals in accordance with ATF Procedure 2013-1. This will assist the licensee by
documenting which transaction records correspond with private party transfers, and
why there may be no corresponding A&D entries when the transfer did not proceed
because it was denied, delayed, or cancelled.
Privacy Act Information
Solicitation of this information is authorized under 18 U.S.C. 923(g). Disclosure of
this information by the transferee/buyer is mandatory for the transfer of a firearm.
Disclosure of the individual’s Social Security number is voluntary. The number may
be used to verify the transferee’s/buyer’s identity.
For information about the routine uses of this form see System of Records Notice
Justice/ATF-008, Regulatory Enforcement Records System (68 FR 163558, January
24, 2003).
Paperwork Reduction Act Notice
The information required on this form is in accordance with the Paperwork Reduction Act of 1995. The purpose of the information is to determine the eligibility of
the transferee to receive and possess firearms under Federal law. The information is
subject to inspection by ATF officers and is required by 18 U.S.C. 922 and 923.
The estimated average burden associated with this collection is 30 minutes per
respondent or recordkeeper, depending on individual circumstances. Comments
about the accuracy of this burden estimate and suggestions for reducing it should be
directed to Reports Management Officer, IT Coordination Staff, Bureau of Alcohol,
Tobacco, Firearms and Explosives, Washington, DC 20226.
An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB control number.
Confidentiality is not assured.
ATF Form 4473 (5300.9)
Revised ( )