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BATF's Form 4473 Bungle
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"...By virtue of a bureaucratic bungle
that might be laughable if its ramifications did not carry such serious
consequences, prospective gun purchasers experienced a virtual national
ban on firearm transfers..." |
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When the Bureau of Alcohol, Tobacco and Firearms (BATF) decided that it
needed to change the forms individuals must fill out when they purchase
a firearm from a Federal Firearms Licensee (FFL), nobody anticipated
that nearly five months would not be enough time to ensure the new forms
would be ready and made available to FFLs. But that seems to be exactly
what happened this week. And because of BATF's failure to ensure
licensed dealers were supplied with the mandated new forms, countless
law-abiding citizens have been unable to exercise their
constitutionally-protected right to arms this week, and countless
law-abiding FFLs have lost immeasurable numbers of sales due to an
inability to conduct their business. By virtue of a bureaucratic bungle
that might be laughable if its ramifications did not carry such serious
consequences, prospective gun purchasers experienced a virtual national
ban on firearm transfers this week.
The problem with the forms - referred to as Form 4473 - began in October
2001, when BATF decided some relatively minor changes were required.
The changes dealt predominantly with being able to better determine
whether or not a non-citizen who wished to purchase a firearm is
prohibited from doing so.
This, along with Attorney General Ashcroft's
decision last week to utilize Immigration and Naturalization Service's
(INS) records for firearm transfers subject to a National Instant Check
System (NICS) check (see last week's FAX Alert), would help to correct a
glaring flaw in the design and implementation of NICS that was ignored
by the Clinton-Gore-Reno Department of Justice (DOJ).
These changes
were intended to ensure anyone in the U.S. illegally would be rejected
if he attempted to purchase a firearm from an FFL. But when BATF failed
to deliver the forms by February 19, 2002 - a deadline the agency set for
itself - what resulted was confusion, frustration, and a near total
cessation in the legal, retail transfer of firearms across the country.
The forms FFLs had prior to February 19 became useless that day, and
firearm dealers suddenly discovered they could not transfer firearms to
law-abiding purchasers. And while it is still unclear exactly why BATF
was unable to supply FFLs with the proper new forms in time, even more
unsettling is why BATF was unable to identify the fact that it would not
meet its own deadline, and then implement measures to ensure the
problems gun purchasers and gun dealers experienced this week did not
occur. BATF officials even went so far as to assure NRA staff during
the SHOT Show earlier this month that it would meet the deadline to
deliver the new forms.
But the failure to deliver the forms, and the failure to identify this
problem as the deadline approached, aren't the
only problems. Once dealers discovered they could not use the old
forms, and new forms were not available, BATF's "solutions" created even
greater confusion. FFLs have been told for years that they may not use
photocopies of a Form 4473. But these same dealers were told this week
that they would either be faxed a "temporary" copy of the new form, or
they could print one off the BATF's website, and then photocopy as many
as they needed until BATF could deliver the actual forms. And to make
matters worse, the "temporary" forms are identified by a number that has
confused many dealers into thinking they can use their old forms.
Rest assured that NRA has weighed in at the appropriate levels of the
Bush Administration and with members of the U.S. House Treasury, Postal,
and General Government Subcommittee, which has scheduled a hearing for
BATF. Be sure to contact your federal lawmakers to express your outrage
over the problems created by BATF's inability to meet its own deadlines.
You can reach your U.S. Senators by calling (202) 224-3121, and your
U.S. Representative by calling (202) 225-3121. For additional contact
information, use the "Write Your Reps" tool at
www.NRAILA.org.
In the meantime, BATF states that retailers can now download the new
Form 4473 from the BATF's website, and they have temporary approval to
use photocopies of the form - identified as the "10/2001 version of the
original ATF Form 4473 Part I, including instructions," - until such time
as a supply of original forms is received, or until April 20, 2002,
whichever occurs first. When using a photocopy of the new 4473, dealers
must provide their nonlicensed firearms customers with both the form and
its instructions while they complete the form. The completed forms and
instruction sheets must be retained in dealers' records for the time
period specified in 27 CFR 178.129.
To download the new form go to
http://www.atf.treas.gov/forms/4473instruction.htm.
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