ATF Form 4473, the Firearms Transaction Record, is the federal form you fill out at a licensed gun dealer before you can take home a firearm. It collects your identifying information, asks a series of eligibility questions under penalty of perjury, and gives the dealer what they need to run a background check through the FBI’s National Instant Criminal Background Check System (NICS). The requirement comes from the Gun Control Act of 1968 and lives today in 18 U.S.C. § 922.
When You Have to Fill One Out
Any purchase from a Federal Firearms Licensee triggers a 4473. That covers a new or used gun off the shelf, a firearm you bought online and are picking up at a local shop that received the shipment, and a purchase from a licensed vendor at a gun show. The dealer handling an online transfer runs the same paperwork as if you had walked in cold.
Private sales between two unlicensed individuals are not covered by the federal 4473 requirement. If a neighbor sells you a hunting rifle and neither of you holds a license, no federal form is involved. Some states impose their own transfer rules on private sales, but the federal form is tied to the licensed dealer.
What the Form Asks
Section A is biographical. You give your full legal name, current home address, date of birth, place of birth, height, weight, sex, and race. Your Social Security number is optional, but including it helps NICS separate you from other people with the same name. Bring a valid government-issued photo ID, such as a driver’s license or military ID; the dealer has to verify your identity against what you wrote.1eCFR. 27 CFR 478.124 – Firearms Transaction Record
Section B is the screening. A series of yes-or-no questions covers every category of person federal law bars from owning firearms under 18 U.S.C. § 922(g): felony convictions, fugitive status, unlawful drug use, mental health commitments, dishonorable military discharge, renunciation of U.S. citizenship, certain immigration statuses, qualifying domestic violence restraining orders, and misdemeanor domestic violence convictions. A “yes” to any of these stops the sale. The dealer reviews your answers, checks your ID, and initiates the background check.2Bureau of Alcohol, Tobacco, Firearms and Explosives. ATF Form 4473 – Firearms Transaction Record Revisions
The drug-use question catches many buyers off guard. Even if you live in a state where recreational or medical marijuana is legal, current use makes you a prohibited person under federal law. The ATF has not changed the question, because 18 U.S.C. § 922(g)(3) still applies to any “unlawful user of or addicted to any controlled substance,” and marijuana remains a controlled substance federally.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The Actual Buyer Question
The first question on the form asks whether you are the actual buyer of the firearm. It exists to prevent straw purchases, where an eligible person buys a gun on behalf of someone who could not pass a background check. Congress raised the penalties in 2022 through the Bipartisan Safer Communities Act, which added 18 U.S.C. §§ 932 and 933. The maximum sentence is now 15 years in prison and a $250,000 fine, and it climbs to 25 years if the firearm is later used in a felony, an act of terrorism, or a drug trafficking crime.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
Buying a firearm as a genuine gift for someone legally eligible to own one is generally permitted. The straw-purchase prohibition targets situations where the real recipient could not pass the check, or where you are acting as a middleman so someone can avoid the process.
What Happens After You Sign
The dealer contacts NICS through an online portal or a dedicated phone line. The system compares your information against federal and state criminal databases and returns one of three responses:5eCFR. 28 CFR 25.6 – Accessing Records in the System
- Proceed. No disqualifying records. The dealer can complete the sale.
- Delayed. Something needs more research. The sale is on hold while the FBI investigates.
- Denied. A disqualifying record was found. The sale cannot go through.
Most checks come back in minutes. When one is delayed, the clock in 18 U.S.C. § 922(t) starts running. If three business days pass after the dealer first contacted NICS and no final answer has come back, the dealer has the legal option to complete the transfer anyway. The three-day count excludes the day the check was initiated, and business days means days when state offices are open. Whether the dealer actually transfers the firearm at that point is up to them. Many large retailers will not transfer without a clear “Proceed,” even when the law allows it.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
If You’re 18 to 20
Buyers under 21 go through additional screening under the Bipartisan Safer Communities Act. NICS examiners reach out to state juvenile justice agencies, mental health repositories, and local law enforcement for records that would not surface in the standard federal databases.6FBI. NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results
The standard three-business-day window still applies at first, but if those extra inquiries turn up something that needs investigation, the FBI has up to 10 business days to complete the review before the dealer can legally transfer the firearm. Expect a longer wait if you have any juvenile records that require manual verification.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
If You’re Denied
A “Denied” response is not the end of the road. You can challenge the decision through the FBI’s online appeals portal or by mail. You will need the NICS Transaction Number (NTN) or State Transaction Number (STN) from the denied check and an explanation of what you believe is inaccurate. The FBI is required to issue a final decision within 60 calendar days.7Federal Bureau of Investigation. Challenges / Appeals
If you keep getting delayed or denied because of a common name or records that don’t belong to you, apply for a Unique Personal Identification Number through the FBI’s Voluntary Appeal File. A UPIN sits in the system and helps NICS tell you apart from other people with similar biographical data. It will not override a legitimate disqualification, but it can eliminate the kind of false-positive delays that turn a short purchase into a multi-day ordeal.8FBI. Voluntary Appeal File
Penalties for Lying
Every answer on the 4473 is sworn under penalty of perjury, and the federal government does prosecute people who lie. A false statement in connection with a firearm purchase is a felony under 18 U.S.C. § 922(a)(6), punishable by up to 10 years in federal prison.9Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Prosecutors Aggressively Pursuing Those Who Lie in Connection With Firearm Transactions That applies whether or not the sale goes through. Filling the form out with false information and getting denied at the background check stage can still result in charges. The most common lies involve concealing felony convictions, domestic violence history, and current drug use.
Where the Form Goes
Your completed 4473 does not get sent to a federal database. It stays with the dealer who processed the sale. Federal regulations require the FFL to keep every 4473 on the business premises for as long as they remain in operation, subject to ATF inspection.10ATF eRegulations. 27 CFR 478.129 – Record Retention There is no central federal registry of gun owners. Law enforcement can trace a specific firearm’s purchase history by contacting the dealer, but they cannot run a search to see every gun a particular person has bought.
When an FFL closes for good, the dealer has 30 days to ship all records to the ATF’s Out-of-Business Records Center. If the business is sold to another licensed owner instead of shutting down, the records go to the successor.11ATF eRegulations. 27 CFR 478.127 – Discontinuance of Business The Out-of-Business Records Center holds those files so firearms from closed dealers can still be traced.