ATF Form 4473 — Everything You Need to Know

What Is ATF Form 4473?

ATF Form 4473, formally titled the Firearms Transaction Record, is a federal document required by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) every time a person purchases a firearm from a Federal Firearms Licensee (FFL). It serves as the official record of the transaction and provides the basis for the mandatory National Instant Criminal Background Check System (NICS) inquiry.

The form was created under the authority of the Gun Control Act of 1968 (18 USC § 921–931) and has been updated numerous times since its inception. The most recent revision (effective April 2023) consolidated questions, reorganized the layout, and clarified several ambiguous provisions. If you have ever bought a firearm from a gun store, pawn shop, or any other FFL dealer, you have filled out a 4473.

Every year, tens of millions of Form 4473s are completed nationwide. The form is not optional. Federal law 18 USC § 922(t) requires that all firearms transfers through FFLs be accompanied by a completed 4473 and a NICS check (or a qualifying state permit that serves as an alternative). Private party sales between individuals who are not FFLs are governed by state law and generally do not require a 4473 at the federal level, although many states now require private sales to go through an FFL.

Step-by-Step Walkthrough of Form 4473

The current version of ATF Form 4473 (revised April 2023) is six pages long. It is divided into distinct sections, each with a specific purpose. Here is a detailed walkthrough of what you will encounter.

Section A: Transferee/Buyer Information

This is the section you, the buyer, fill out. It collects your personal identifying information:

• Full legal name (last, first, middle) — must match your government-issued ID exactly
• Current address — must be your actual residence, not a P.O. Box
• Place of birth (city and state, or country if born outside the U.S.)
• Date of birth
• Height, weight, sex, ethnicity, and race
• Social Security Number (optional, but providing it speeds up the NICS check and reduces the chance of a false delay or denial based on name similarity)
• State of residence and country of citizenship
• Type of identification presented (driver's license, state ID, passport, etc.) and its issuing authority, number, and expiration date

If you are not a U.S. citizen, you must provide additional documentation establishing your immigration status and that you fall into an exception allowing firearms purchases (such as holding a valid hunting license issued in the state of purchase).

Section B: Transferee/Buyer Questionnaire (The Eligibility Questions)

This is the most critical part of the form for legal purposes. Section B contains a series of yes-or-no questions designed to determine whether you are a prohibited person under federal law. You must answer each question truthfully, under penalty of perjury.

The questions cover:

1. Question 21.a: Are you the actual transferee/buyer? This is the straw purchase question. If you are buying the firearm for someone else (except as a legitimate gift), the answer must be "No" and the transaction cannot proceed.
2. Question 21.b: Are you under indictment or information for a felony?
3. Question 21.c: Have you been convicted of a felony? (Or any offense punishable by more than one year in prison.)
4. Question 21.d: Are you a fugitive from justice?
5. Question 21.e: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? (Note: this includes marijuana even in states where it is legal under state law, as it remains federally prohibited.)
6. Question 21.f: Have you been adjudicated as a mental defective or committed to a mental institution?
7. Question 21.g: Have you been discharged from the Armed Forces under dishonorable conditions?
8. Question 21.h: Are you subject to a court order restraining you from harassing, stalking, or threatening an intimate partner or their child?
9. Question 21.i: Have you been convicted of a misdemeanor crime of domestic violence?
10. Question 21.j: Have you ever renounced your United States citizenship?
11. Question 21.k: Are you an alien illegally in the United States?
12. Question 21.l: Are you a nonimmigrant alien? (With exceptions for valid hunting licenses and certain visa categories.)

A "yes" answer to any question from 21.b through 21.l (or a "no" to 21.a) means you are prohibited from purchasing the firearm and the FFL must not proceed with the transfer.

Section C: Certification

After answering the eligibility questions, you sign and date the form. Your signature certifies under penalty of perjury that all answers are true and correct, that you understand the warnings on the form, and that you are the actual buyer.

Section D: FFL Dealer Information and NICS Check

This section is completed by the FFL dealer. The dealer records the firearm details (manufacturer, model, serial number, type, caliber/gauge), contacts NICS, and records the result. The dealer also records their FFL number, business name, and address.

Section E: Over-the-Counter Transfer Record

This section is for additional transaction details, including whether the buyer used a state permit as an alternative to the NICS check and whether the transfer involved multiple firearms.

The NICS Background Check Process

Once you complete the 4473, your FFL dealer contacts the National Instant Criminal Background Check System (NICS), operated by the FBI. This can be done by phone or electronically. The dealer provides your identifying information and the NICS system searches multiple databases including:

• NICS Index — federal prohibiting records
• National Crime Information Center (NCIC) — active warrants, protection orders, supervised release records
• Interstate Identification Index (III) — criminal history records from all 50 states

The Three NICS Responses

Prohibited Persons Under Federal Law

Federal law under 18 USC § 922(g) defines ten categories of persons who are prohibited from possessing, shipping, transporting, or receiving firearms or ammunition. These are:

1. Convicted felons — anyone convicted of a crime punishable by imprisonment for more than one year (this includes state felonies and certain serious misdemeanors in states where the maximum sentence exceeds one year)
2. Fugitives from justice — anyone who has fled any state to avoid prosecution or to avoid giving testimony in any criminal proceeding
3. Unlawful users of or persons addicted to controlled substances — this includes marijuana users even where state law permits it
4. Persons adjudicated as mentally defective or committed to a mental institution
5. Illegal aliens — persons unlawfully in the United States
6. Persons dishonorably discharged from the Armed Forces
7. Persons who have renounced U.S. citizenship
8. Persons subject to certain domestic violence restraining orders — must meet specific criteria under 18 USC § 922(g)(8), including a hearing and findings of credible threat or physical force
9. Persons convicted of misdemeanor crimes of domestic violence — under 18 USC § 922(g)(9) (the Lautenberg Amendment)
10. Persons under indictment for a felony — prohibited from receiving (but not possessing) firearms under 18 USC § 922(n)

Note that after United States v. Rahimi (2024), the Supreme Court upheld the constitutionality of 18 USC § 922(g)(8) (domestic violence restraining orders), but left open broader questions about the scope of other prohibiting categories under the Bruen historical-tradition test. Several lower courts have struck down the prohibition on nonviolent felons and marijuana users as unconstitutional under Bruen, and these cases remain in active litigation as of early 2026.

What Happens If You Are Denied

If NICS returns a DENIED response, the FFL will inform you that the transfer cannot be completed. You will not be told the specific reason for the denial at the point of sale. Here is what you can do:

Step 1: Request the Reason for Denial

You can contact the FBI's NICS Section to request the reason for your denial. The FBI will send you a written explanation, including the record that triggered the denial. You can call the NICS Appeal Services at (304) 625-5590 or submit a request through the FBI's website.

Step 2: File an Appeal

If you believe the denial was issued in error, you can file a formal appeal with the FBI's NICS Section. You must submit your appeal within 60 days of the denial. The appeal requires you to provide identifying information, a copy of your government-issued ID, and any supporting documentation (such as court records showing a conviction was expunged or overturned).

Step 3: Correct the Underlying Record

In many cases, denials result from incorrect or incomplete records in the databases. For example, a felony arrest without a disposition may appear as a conviction. You may need to contact the court or the state repository that submitted the record and get it corrected. Once corrected, you can resubmit for a NICS check.

Step 4: Challenge in Court

If your administrative appeal is unsuccessful, you can bring a civil action under 18 USC § 925A in federal district court. This is the statutory mechanism for challenging an erroneous denial.

According to FBI statistics, NICS processes over 28 million background checks annually. The denial rate is typically around 1.5-2% of total checks. Of those denials, a significant percentage involve cases where the FBI issues a delayed denial after the 3-business-day window has closed, meaning the firearm may have already been transferred. In those situations, the ATF attempts to retrieve the firearm.

Penalties for False Statements on Form 4473

Making false statements on ATF Form 4473 is a federal felony. Under 18 USC § 924(a)(1)(A), knowingly making any false statement or representation with respect to information required to be kept in the records of an FFL is punishable by:

• Up to 5 years in federal prison
• Up to $250,000 in fines
• A permanent federal felony conviction — which ironically makes you a prohibited person going forward

Additionally, attempting to purchase a firearm as a prohibited person (even if the purchase is denied) can result in prosecution under 18 USC § 922(a)(6). Making a straw purchase — buying a firearm on behalf of another person — carries the same penalties.

Historically, prosecution rates for 4473 violations have been low relative to the number of denials. However, the DOJ has increased its focus on straw purchasing and lying-and-trying cases in recent years. The ATF's National Tracing Center maintains records that can link a firearm used in a crime back to the original 4473, making these records a key law enforcement tool.

NFA Changes in 2026: The $200 Tax Stamp Eliminated

One of the most significant developments in 2026 firearms law is the passage of H.R. 1, which eliminated the $200 National Firearms Act (NFA) tax on the making and transfer of NFA items. This is a major change that affects suppressors, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and any other weapons (AOWs).

What Are NFA Items?

The National Firearms Act of 1934 26 USC § 5801–5872 imposes registration and regulatory requirements on certain categories of firearms:

While the $200 tax has been eliminated, the NFA registration requirement remains in effect. You still must submit an ATF Form 4 (for transfers) or ATF Form 1 (for making) to the ATF, pass a background check, and receive approval before taking possession of or manufacturing an NFA item. The elimination of the tax removes the financial barrier but not the regulatory process.

It is critical to understand that state law may still prohibit NFA items. In California, for example, suppressors, SBRs, and SBSs remain illegal to possess under Cal. Penal Code § 33410 (suppressors) and Cal. Penal Code § 33215 (SBRs/SBSs), regardless of what federal law allows.

The Pistol Brace Rule: Vacated

In 2023, the ATF issued a final rule reclassifying firearms equipped with stabilizing braces as short-barreled rifles under the NFA. The rule, published at 88 FR 6478, would have required millions of brace-equipped pistol owners to register their firearms, pay the $200 tax, remove the brace, or destroy/surrender the firearm.

Multiple legal challenges were filed nationwide. In Mock v. Garland, the Fifth Circuit Court of Appeals vacated the rule nationwide in 2024, finding that the ATF had exceeded its statutory authority. The Supreme Court declined to hear the government's appeal, and the rule is no longer in effect as of 2026. Pistol braces remain legal at the federal level without NFA registration.

However, as with all NFA items, state law governs. California does not specifically ban pistol braces, but a braced firearm that falls under the state's assault weapon definition (based on features like a pistol grip on a semiautomatic centerfire rifle) could still be prohibited under Cal. Penal Code § 30510–30530.

FFL Requirements: Who Must Have a License?

A Federal Firearms License (FFL) is required for anyone who is "engaged in the business" of dealing in firearms. Under 18 USC § 921(a)(21)(C), being "engaged in the business" means devoting time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit. This includes:

• Gun stores and pawn shops
• Online firearms sellers who regularly sell from their inventory
• Individuals who repeatedly buy and sell firearms with the principal motive of making a profit
• Gunsmiths (Type 01 FFL)
• Manufacturers (Type 06 or Type 07 FFL)
• Importers (Type 08 or Type 11 FFL)

The Bipartisan Safer Communities Act of 2022 expanded the definition of who is "engaged in the business" by removing the previous requirement that the activity be the person's "principal or livelihood" source of income. Now, anyone who "predominantly earns a profit" from firearm sales — even part-time or as a side business — may need an FFL.

Occasional sales from a personal collection (selling guns you personally own and no longer want) generally do not require an FFL, but there is no bright-line rule for how many sales trigger the requirement. The ATF has issued guidance suggesting that factors like the number of transactions, the time between purchase and resale, the profit margin, and advertising activity all factor into the determination.

Common Form 4473 Mistakes to Avoid

Errors on the 4473 can delay or prevent your purchase. Here are the most common mistakes:

• Using a nickname or abbreviated name — your name must match your ID exactly
• Using an old address — the address must be your current residence
• Using a P.O. Box — a physical street address is required
• Leaving questions blank — every question must be answered; unanswered questions will result in the form being rejected
• Using an expired ID — your identification must be current and valid
• Answering "N/A" instead of "Yes" or "No" — the eligibility questions require a definitive answer
• Crossing out or whiting out answers — corrections must be initialed, not obscured

Form 4473 and State-Level Requirements

Form 4473 is a federal document, but many states layer additional requirements on top of it. For example:

Frequently Asked Questions

Can I fill out Form 4473 online?

The ATF has introduced an electronic version of the 4473 (e4473) that FFLs can use through approved software. You fill it out digitally at the FFL's premises, but you cannot complete it remotely from home. You must be physically present at the FFL's location to fill out the form and present identification.

How long does the FFL keep my 4473?

FFLs are required to retain all 4473 forms for a minimum of 20 years. When an FFL goes out of business, all records are transferred to the ATF's National Tracing Center in Martinsburg, West Virginia.

Does the government have a registry of gun owners from the 4473?

Federal law 18 USC § 926(a) prohibits the ATF from establishing any system of firearms registration using 4473 data. The forms are held by individual FFLs, not centrally by the government. However, when a firearm is used in a crime, the ATF traces it by contacting the manufacturer, then the distributor, then the FFL, who then searches their 4473 records.

What if I moved to a new state — can I buy a firearm?

Yes, but your ID must reflect your current state of residence. If you recently moved and your ID still shows the old state, you will need to provide supplemental documentation (such as a utility bill, lease agreement, or voter registration card) proving your current address in the new state. For long guns, you may purchase in any state as long as the sale complies with the laws of both states. Handgun purchases must be made in your state of residence or shipped to an FFL in your state.

Is marijuana use still a disqualifier?

Yes, as of 2026. Marijuana remains a Schedule I controlled substance under federal law 21 USC § 812. Regardless of your state's marijuana laws, using marijuana makes you a prohibited person under 18 USC § 922(g)(3). Answering "no" to the drug question on the 4473 while being a marijuana user constitutes a false statement. However, this prohibition is actively being challenged in multiple federal courts under Bruen, and some district courts have found it unconstitutional.