Discussion in 'Legal' started by captain awesome, Dec 15, 2021.
In the first block on the 4473, about 2/3 of the way down, it says: "Read the Notices, Instructions, and Definitions on this form. Prepare in original only at the licensed premises.
Yes, the 4473 is required irrespective of carry permit, state, or anything else. It's Federal law. ANY transfer of a firearm to an individual (as opposed to an FFL holder) requires the form. The ATF determines whether a particular state's permit meets the requirements needed to forego the background check.
Here in South Dakota Regular permits issued after 7/31/18, and all Enhanced and Gold permits allow bypassing the background check.
Note that the OP says the "person" is always delayed, so the process for that person may not be as simple, short, and painless as it is for others. But the person has no choice, must be there in person.
As Cody Trucker notes, in Wyoming my carry permit means my FFL guy is not required to call in. I do need to be there in person to sign the form.
Well, remember the NICS is nothing but a long list of Prohibited people.
The Search Query Language macros they set up are nearing 40 years old now, and have not been improved nor much modified.
If the system gets a partial or duplicate "match" it kicks back a delay, as they need some one other than a phone operator to go in and look at the actual list information. (Things like if a person has no middle name, and it's listed as "NMI" versus "none" or "blank" or "n/a" matter; persons with more than one "middle" name also cause issues.)
The data in NICS is not well vetted, and sorely needs a detailed audit.
OP's friend would probably be much better off getting an NICS PIN, as the ID number skips most all of the name tracing.
Each state has its own rules. In Illinois you have a three day wait for anything the state calls a firearm and that includes air guns over 700 fps or .177 cal, black powder guns. I'm surprised they don't include airsoft, paintball and crossbows. Fill it out in person, wait three days, come back and sign again.
Not exactly. What type of powder is irrelevant. There are plenty of firearms that use black powder cartridges and are Title I firearms, not antiques and most certainly do require a Form 4473 to transfer. To avoid the definition of "firearm" under the Gun Control Act, it must be a muzzle loading firearm that uses black powder.
That’s Not required for a 4473. Can’t get much closer to A Cylinder cartridge gun
Or am I mistaken, (No sarcasm intended)
You are mistaken. You're mistaken very badly because you're pulling your opinions out of the air instead of doing actual research.
Using black powder isn't what takes a firearm out of the shipping and transfer requirements of the Gun Control Act of 1968. It's being within the definition of "antique firearm." See --
18 USC 921(a)(3), emphasis added:
18 USC 921(a)(16):
Telehealth calls fall under the privacy protections of HIPAA, requiring stronger and more restricted access protection than Zoom, FaceTime, Google Chat, or any other public video chat or web meeting software provides. That is why all telehealth calls use proprietary communication services set up by your medical provider.
Email is fundamentally not secure and thus should never be used to send any sensitive personal or financial information, such as Social Security Number, credit card number, or private health status. A completed 4473 is full of such sensitive information.
Note that both of these issues are central in my 20+ year career in cybersecurity, including two years working specifically on security in medical health systems and HIPAA compliance.
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